Agenda packet — South Lake Tahoe City Council, January 10, 2023 (part 1 of 2)

1 City of South Lake Tahoe
City Council and South Tahoe Redevelopment Successor
Agency
Meeting Agenda
Tuesday, January 10, 2023 at 9:00 AM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Cristi Creegan, Mayor
Cody Bass, Mayor Pro Tem
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Scott Robbins, Councilmember
Mission of the City Council
The City was established to provide essential,
outstanding and cost-effective services that
enhance environmental sustainability, economic
vitality and the quality of life for our residents,
businesses and guests.

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/81605880981.

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: 816 0588 0981 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 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. 1 2
The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting. Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].

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

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

1. City Employee Recognitions
Requested Action / Suggested Motions: One employee will be recognized for reaching 5 Years-Service.

Responsible Staff Member: Various
Item 1 - Executive Summary.pdf
01-Staff Report Employee Service 1 10 2023.docx
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.

2. City Council Meeting Minutes
Requested Action / Suggested Motions: Pass a Motion approving the December 13, 2022 Regular City Council meeting minutes.

Responsible Staff Member: Susan Blankenship, City Clerk Item 2 - Executive Summary.pdf
12 13 2022 Minutes.pdf
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3. Law Enforcement Specialized Unit Grant of $203,142 for Domestic Violence Programs Requested Action / Suggested Motions: Pass a Resolution ratifying grant application and execution of grant agreement and authorizing receipt of grant funds from the California Office of Emergency Services (CalOES) in support of the South Lake Tahoe Police Department and Live Violence Free through the Law Enforcement Specialized Unit Grant for calendar year 2023 in an amount up to $203,142.

Responsible Staff Member: Jeff Roberson, Lieutenant
Item 3 - Executive Summary.pdf
01-Staff Report - CalOES Grant.docx
02-Resolution - CalOES Grant.docx
03- Cal OES Agreement (Exh. A to Resolution)
04- LVF-CSLT Operational Agreement 2021-2024
05-2023 LVF sole source-signed.pdf

4. Permanent Local Housing Allocation (PLHA) Program Application for up to $5,000,000 for the Sugar Pine Village Affordable Housing Project
Requested Action / Suggested Motions: Pass a Resolution authorizing the City Manager to submit a joint application with Related Companies of California LLC under the PLHA Program for Sugar Pine Village Phase 2A for an amount not to exceed $5,000,000. Up to 5 percent ($250,000) can be used for reimbursement of administrative costs incurred by the City.

Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Item 4- Executive Summary.pdf
01-Staff Report PLHA 2022.docx
02-PLHA Reso-2023.pdf

5. Excess Sites Local Government Matching Grants (LGMG) Program Application for up to $5,000,000 for the Sugar Pine Village Affordable Housing Project
Requested Action / Suggested Motions: 1) Pass a Resolution authorizing staff to submit a joint application with Related Companies of California LLC under the LGMG Program for an amount not to exceed $5,000,000; and, 2) Pass a Resolution authorizing a demonstration of Enforceable Funding Commitments for local government contribution sources.

Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Item 5 - Executive Summary.pdf
01-Staff Report - Sugar Pine Village Grant.docx
02-Resolution-Related Companies Sugar Pine Joint Application 03-Resolution - California Housing and Community Development - Sugar Pine

6. Annual Accountability Report for Fiscal Year 2021-2022 for the Bijou Area Erosion Control Project, Community Facilities District (CFD2014-1)
Requested Action / Suggested Motions: Receive and file report.

Responsible Staff Members: Anush Nejad, Director of Public Works and Stan Hill, Engineering Manager
Item 6 - Executive Summary.pdf
01-Staff Report - Bijou CFD FY 21-22.docx
02-CFD 2014-1 (Bijou) SB 165 Report - 2021-22.pdf
03-Bijou Area Vicinity Map and CFD Location Maps.pdf
3 4

7. Amended 2023 City Council Meeting Schedule
Requested Action / Suggested Motions: Pass a Resolution adopting the Amended 2023 City Council regular meeting schedule clarifying the 5:30 p.m. starting time for meetings in months when only one meeting is held, and changing the location of the January 31 meeting from City Hall, Council Chambers to The Landing, 4104 Lakeshore Blvd.

Responsible Staff Member: Susan Blankenship, City Clerk Item 7 - Executive Summary.pdf
01-Staff Report - Amended 2023 City Council Meeting Schedule.docx 02-Resolution - Amended 2023 City Council Meeting Schedule.docx 03-Exhibit A -Amended 2023-Meeting Schedule.docx
Consent Agenda - South Tahoe Redevelopment Successor Agency 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.

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

8. Recognized Obligation Payment Schedule (ROPS) FY 2023-2024 Requested Action / Suggested Motions: Acting as the South Tahoe Redevelopment Successor Agency Board, pass a Resolution approving the Recognized Obligation Payment Schedule (ROPS) pursuant to Health and Safety Code section 34177 for the fiscal period commencing July 1, 2023, and ending June 30, 2024.

Responsible Staff Member: Olga Tikhomirova, Finance Director Item 8 - Executive Summary.pdf
01-Staff Report-ROPS 2023-2024.docx
02-Resolution STRSA ROPS 2023-2024.docx
03-ROPS 2023-2024 (Exhibit A to Resolution).pdf
Regular-Unfinished Business

9. Citizen Appointments to Commissions and Boards
Requested Action / Suggested Motions: Interview applicants and Pass a Motion appointing applicants to 2-year terms as follows: 3 members to the Arts, Culture, and Tourism Commission; 2 members to the Building Board of Appeals; 3 members to the Police Advisory Commission; 3 members to the Planning Commission; 4 members and 1 vacancy (term ending 2/2024) to the Parks & Recreation Commission; appointing applicants to 4-year terms as follows: 5 members to the Independent Citizens' Oversight Committee; and, providing direction for the re-solicitation of applications to the Airport Land Use Commission.

Responsible Staff Member: Susan Blankenship, City Clerk Item 9 - Executive Summary.pdf
01-Staff Report - Citizen Commissions and Boards.docx
02-Notice of Solicitation - Boards and Commissions.pdf
03-Local Appointments List 12 13 2022.docx
04-ACT Applications_Redacted.pdf
05-BBOA Applications_Redacted.pdf
06-Oversight Committee Applications_Redacted.pdf
07-P&R Applications_Redacted.pdf
4 5
08-PAC Applications_Redacted.pdf
09-PC Applications_Redacted.pdf

10. Recreation and Aquatics Center Phase II Project Update Requested Action / Suggested Motions: Receive presentation regarding the Recreation and Aquatics Center Phase II Project.

Responsible Staff Member: Jim Marino, Capital Improvement Program and Facilities Program Manager
Item 10 - Executive Summary.pdf
01-Staff Report - Rec Center Update.docx
02 - Presentation

11. South Tahoe Refuse - Presentation on New 3-Cart Program and Requested Changes to Franchise Agreement
Requested Action / Suggested Motions: Pass a Motion authorizing the Mayor to sign a Letter of Support and directing the City Manager to bring back an item to consider a new Franchise Agreement with South Tahoe Refuse with a 20-year term.

Responsible Staff Member: Sara Letton, Sustainability Coordinator Item 11 - Executive Summary.pdf
01-Staff Report - South Tahoe Refuse.docx
02 - Term Sheet.pdf
03 - Draft Support Letter.pdf
04- C-02-2012 STR Franchise Agreement
05 - Presentation-carts-January 2023.pptx

12. Ordinance Approving One-Year Electric Franchise Agreement with Liberty Utilities (First Reading) Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of an Ordinance Approving a Franchise Agreement with Liberty Utilities for the Purpose of Transmitting Electricity and Other Commodities Under, Along, and Across City Streets, and refer to second reading and adoption to the January 24, 2023 meeting.

Responsible Staff Member: Heather L. Stroud, City Attorney Item 12 - Executive Summary.pdf
01 - Staff Report on Liberty Utilities Franchise Agreement.docx 02 - Liberty Franchise Ordinance.docx
03 - Reso. No. 2022-148 Resolution of Intent.pdf
04 - City Letter to Liberty Utilities.pdf
05 - Liberty's Response to City.pdf
06-Proof of Publication.pdf
Regular-New Business

13. Ordinance Amending South Lake Tahoe City Code to Authorize Prequalification and Design-Build Contracts (First Reading)
Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of an Ordinance Amending South Lake Tahoe City Code Title 3, Chapter 3.45, Article II (Public Contracts and Uniform Public Construction Cost Accounting Act) to Authorize Prequalification and Design-Build Contracts and refer to second reading and adoption to the January 24, 2023 meeting.

Responsible Staff Member: Heather Stroud, City Attorney Item 13 - Executive Summary.pdf
01 - Staff Report.docx
5 6
02 - Ordinance.docx
03 - Ordinance Redline.pdf
Agenda Planning Calendar

14. 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 14 - Executive Summary.pdf
APC - 01 05 2023.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday January 10, 2023 meeting of the City of South Lake Tahoe City Council and South Tahoe Redevelopment Successor Agency was posted and available for review on Thursday, January 5, 2023 at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us.

Signed January 10, 2023
\\sb\\
Susan Blankenship, Elected City Clerk
6 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: January 10, 2023
Agenda Item #: 1
Agenda Item: City Employee Recognitions
Executive Summary: New City employees and long-serving City employees who reach the 5, 10, 15, 20, & 25 year service milestone will be recognized at each monthly meeting.

Requested Action / Suggested Motions: One employee will be recognized for reaching 5 Years-Service.

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

Susan Blankenship, City Clerk
Attachments:
01-Staff Report Employee Service 1 10 2023.docx
7 1
City of South Lake Tahoe
Report to City Council
Meeting Date: January 10, 2023
Title: City Employee Recognition
Location: Citywide
Responsible Staff Member: Various Department Directors
Background: As part of the City’s Employee Recognition Program, employees who have reached five, ten, fifteen, twenty and twenty-five years of service are recognized for their achievements and contributions to the City.

Service Awards:

Police Department
Christopher Cable, Patrol Operations – 5 Years’ Service Council Agenda Report January 10, 2023 Page 1 of 1
8 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: January 10, 2023
Agenda Item #: 2
Agenda Item: City Council Meeting Minutes
Executive Summary: City Council is asked to formally approve the December 13, 2022 Regular City Council meeting minutes.

Requested Action / Suggested Motions: Pass a Motion approving the December 13, 2022 Regular City Council meeting minutes.

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

Attachments:
12 13 2022 Minutes.pdf
9 12 13 2022 Minutes
1 City of South Lake Tahoe
City Council
Meeting Minutes
Tuesday, December 13, 2022 at 9:00 AM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Cristi Creegan, Mayor
Cody Bass, Mayor Pro Tem
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Scott Robbins, Councilmember
Mission of the City Council
The City was established to provide essential,
outstanding and cost-effective services that
enhance environmental sustainability, economic
vitality and the quality of life for our residents,
businesses and guests.

Call to Order/Pledge of Allegiance
At 9:08 a.m. Mayor Middlebrook called the meeting to order. Middlebrook then led the pledge of allegiance to the flag.

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

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

Public Communications
Public Comment was heard from the following people:

1. Jerry Robbins – congratulations to Councilmember Robbins

2. Mike Bruno – airport fee increase
Regular - New Business

1. Certification of Election Results
Action: Moved/Seconded: Bass/Wallace
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-150 certifying the results of the November 8, 2022 Consolidated General Election.

City Council Recognition

2. City Council Recognition
Action: The City recognized outgoing City Councilmember Devin Middlebrook for his service to the City of South Lake Tahoe.

Note: Devin Middlebrook left the meeting
10 2
12 13 2022 CC Agenda
Inaugural Ceremony

3. Inaugural Ceremony
Action: Mayor Pro Tem Creegan administered the Oath of Office to the newly elected City Clerk.

The City Clerk administered the Oath of Office to newly elected City Councilmembers.

Public Comment was heard from the following person:

1. Jordan – Congratulations to new members.

Reorganization of the City Council

4. 2023 Mayor and Mayor Pro Tem Selection
Action: Moved/Seconded: Robbins/Creegan
Yes: Bass, Creegan, Friedrich and Robbins
No: Wallace
Action: Passed Motion 2022-112 selecting Councilmember Creegan as Mayor and Councilmember Bass as Mayor Pro Tem for the year 2023. City Council provided direction to staff to bring back a discussion regarding a 9-month term for the Mayor seat. 10-Minute Recess
Roll Call
Present were Mayor Creegan, Councilmembers Bass, Friedrich, Robbins and Wallace.

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

City Employee Recognition

5. City Employee Recognitions
Action: James Drennan and Leslie Asbury, Fire Department, were recognized for reaching 20 Years-Service and Michael Gamberg Jr., Police Department, was recognized for reaching 5 YearsService.

Yvette Miranda, Development Services, Hilary Lee, Human Resources, Francisco Rodriguez, Public Works and Derek Beller, Parks and Recreation were introduced to City Council.

City Commission Reports and Student Advisory Reports

1. Susan Chandler, Tahoe Regional Planning Agency Advisory Planning Commission Consent Agenda
Note: Councilmember Robbins recused himself from Item 6 (November meeting minutes) as he was not on Council at the time.

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

6. City Council Meeting Minutes
Action: Passed Motion 2022-113 approving the November 1, 2022, City Council and Joint Powers Parking Financing Authority meeting minutes; and, the November 15, 2022, Regular City Council meeting minutes.

7. Annual Reports - Tahoe Regional Planning Agency Advisory Planning Commission, and El Dorado County Community Action Council
Action: Received reports presented by Susan Chandler and Brian Conway.

8. Excusing City Attorney from City Council Meeting
11 3
12 13 2022 CC Agenda
Action: Passed Motion 2022-114 excusing the City Attorney from the City Council meeting on December 13, 2022

9. Investment Portfolio Report - September 30, 2022
Action: Received and filed.

10. 2022 Reimbursement Agreement with Southwest Gas
Action: Passed Resolution 2022-151 authorizing the execution of a Reimbursement Agreement C-199-2022 with Southwest Gas and amending the Street Overlay Program account by appropriating $1,712,035 of in lieu paving funds from Southwest Gas for the purpose of funding the 2023 Road Rehabilitation Project.

11. Purchase of a LeeBoy 7000C Paver from Nixon-Egli Equipment Co. for $180.346.46 Action: Passed Motion 2022-115 authorizing and directing the City Manager to execute a purchase order for one LeeBoy 7000C Paver from Nixon-Egli Equipment Co. in the amount of $180,346.46 for use in the Streets Division for Street Pavement Repair and Maintenance.

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

Regular-New Business

13. City Council Assignments to Boards and Commissions
Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Creegan, Friedrich, Robbins and Wallace
Action: Passed Motion 2022-116 approving City Council assignments to Boards and Commissions as discussed during Council deliberations.

Action: Moved/Seconded: Bass/Friedrich
Yes: Bass, Creegan, Friedrich, Robbins and Wallace
Action: Passed Motion 2022-117 appointing Chantelle Schenning to the El Dorado County Commission on Aging, Susan Chandler to the Tahoe Regional Planning Agency Advisory Planning Commission, and Brian Conway the El Dorado Community Action Council.

14. South Tahoe Refuse Interim Year Rate Increase of 4.96 Percent Action: Moved/Seconded: Bass/Wallace
Yes: Bass, Creegan, Friedrich, Robbins and Wallace
Action: Passed Motion 2022-118 approving South Tahoe Refuse Interim Year Rate Increase of

4.96 percent ($1.76 per month for residential customers and $2.01 per cubic yard for commercial customers).

The following person addressed City Council:

1. Jeff Tillman, South Tahoe Refuse Company

15. 2023 City Council Meeting Schedule
Action: Moved/Seconded: Bass/Friedrich
Yes: Bass, Creegan, Friedrich, Robbins and Wallace
Action: Passed Resolution 2022-152 adopting the 2023 City Council regular meeting schedule, with the following change: in months where only one meeting is held, meetings will begin at 5:30 p.m.

Public Comment was heard from the following people:

1. Jonathan Stine

2. Ed Mosur
12 4
12 13 2022 CC Agenda

16. Travel Authorization - League of California Cities 2023 New Mayors and Council Members Academy (Sacramento)
Action: Moved/Seconded: Wallace/Friedrich
Yes: Bass, Creegan, Friedrich, Robbins and Wallace
Action: Passed Motion 2022-119 approving registration and travel for Mayor Creegan, Mayor Pro Tem Bass and Councilmember Robbins to attend the League of California Cities 2023 New Mayors and Council Members Academy January 18-20.

Agenda Planning Calendar

17. Agenda Planning Calendar
Action: Received.

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

1. Thank you to staff

2. Congratulations to new members

3. Happy Holidays
Assistant City Attorney:

1. Congratulation to new appointees
City Clerk:

1. Next meeting January 10, 2023 9 a.m.

2. Attended League of California Cities New Laws & Elections Seminar

3. Thank you to voters for support
Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Friedrich:

1. Congratulations to new and returning members

2. Thank you to staff

3. Festival of Winter Lights

4. Tahoe Regional Planning Agency Latitude Policy
Councilmember Bass:

1. LAFCO meeting update

2. Tahoe Transportation District meeting update

3. Lake Tahoe Visitors Authority meeting update
Councilmember Wallace:

1. Festival of Winter Lights

2. Heavenly Village Christmas tree lighting

3. Upcoming California Tahoe Conservancy Board meeting
Councilmember Robbins:

1. Thank you for support
Councilmember Creegan:

1. Thank you for Mayor appointment
Adjournment
At 12:13 p.m. Mayor Creegan adjourned the meeting.
_________________________ _______________
Cristi Creegan, Mayor Date
Attest:
_________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
13 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: January 10, 2023
Agenda Item #: 3
Agenda Item: Law Enforcement Specialized Unit Grant of $203,142 for Domestic Violence Programs Executive Summary: The South Lake Tahoe Police Department and Live Violence Free (LVF) collectively receive the 2023 CalOES grant, valued at $203,142, to partially fund responses to domestic violence and sexual assault. Funding is distributed to the Police Department, LVF, the Joint Dispatch Center, and covers administrative costs.

Requested Action / Suggested Motions: Pass a Resolution ratifying grant application and execution of grant agreement and authorizing receipt of grant funds from the California Office of Emergency Services (CalOES) in support of the South Lake Tahoe Police Department and Live Violence Free through the Law Enforcement Specialized Unit Grant for calendar year 2023 in an amount up to $203,142.

Responsible Staff Member: Jeff Roberson, Lieutenant
Responsible Staff Member: Jeff Roberson, Lieutenant (530) 542-6521 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heathjer Stroud, City Attorney
Attachments:
01-Staff Report - CalOES Grant.docx
02-Resolution - CalOES Grant.docx
03- Cal OES Agreement (Exh. A to Resolution)
04- LVF-CSLT Operational Agreement 2021-2024
05-2023 LVF sole source-signed.pdf
14 Council Agenda Report-January 10, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 10, 2023
Title: Law Enforcement Specialized Unit Grant – Domestic Violence Programs Location: Citywide
Responsible Staff Member: Jeff Roberson, Police Lieutenant (530) 542-6521 Background:

Since 2003, the South Lake Tahoe Police Department has worked in partnership with Live Violence Free to supplement the investigation of domestic violence incidents, advocate for involved parties, educate the community and law enforcement on domestic violence issues, and provide counselling services to victim and perpetrator.

The Law Enforcement Specialized Unit program plays a vital role in the Police Department’s ability to effectively protect victims of domestic violence and prosecute the offenders. Domestic violence continues to be a significant issue in our community and has devastating long-term effects on victims and their families.

For 2023, the South Lake Tahoe Police Department will receive a grant from the California Office of Emergency Services in the amount up to $203,142.00. We have received this grant annually since 2017.

This 2023 Law Enforcement Specialized Unit grant will fund $82,568 toward the salary of one SLTPD Detective. The grant award will provide an additional $13,308 to fund overtime expenses for the Joint Dispatch Center for fielding phone calls related to domestic violence. The grant award will also provide $3,000 to fund the Principal Management Analyst hours for completing grant related reports.

Live Violence Free will receive funding from this grant in operational support of Live Violence Free advocates and administrative costs in the amount up to $107,266. Attached is the Sole Source Justification and the Operational Agreement document between South Lake Tahoe Police Department and Live Violence Free.

The City of South Lake Tahoe would continue to pay salary and benefits for the Detective as an “in kind” match to the grant in the amount up to $67,714.

The operational period for this specific grant funding cycle is January 1, 2023 through December 31, 2023.

Issue and Discussion:

This item is before the City Council is to ratify the grant application, execute the subrecipient award, and authorize acceptance of grant funds from the California Office of Emergency Services (Cal OES) in support of the South Lake Tahoe Police Department / Live Violence Free Law Enforcement Specialized Unit grant for calendar year 2023 in the amount up to $203,142.
15 Council Agenda Report-January 10, 2023 Page 2 of 2
Financial Implications:

There will be no impact to the General Fund. This is a reimbursement grant that would be administered by the City of South Lake Tahoe. Upon award and funding, the budget will be loaded as follows:

Account # 238 02110
Revenue:
33221 $203,142
Expenses:
41040 $13,308 (Dispatch Overtime)
42010 $107,266 (Live Violence Free Services)
50001 $82,568 (Operating transfer out to General Fund for City of South Lake Tahoe staff, $79,567 toward the Domestic Violence detective and $3000 towards the Principal Management Analyst staff time hours)
Environmental Considerations:

Not a project: This 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:

None.
16 Resolution 2023-XXX January 10, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
January 10, 2023
Authorizing receipt of grant funds from the
California Office of Emergency Services (Cal OES) in support of the South Lake Tahoe Police Department and Live Violence Free through the Law Enforcement Specialized Unit Grant
for the calendar year 2023 in an amount up to $203,142

BACKGROUND
A. The City of South Lake Tahoe and Live Violence Free are committed to maintain the Domestic Violence Response Team (DVRT) in support of victims and families of domestic violence, and
B. The City of South Lake Tahoe in partnership with Live Violence Free has applied for, and been awarded, a grant through the California Office of Emergency Services in the amount up to $203,142 in support of the DVRT program for calendar year 2023, and C. Live Violence Free is the only provider of on call domestic and sexual assault victim advocacy, counseling, and professional services in the area. LVF provides extensive crisis intervention and counseling services that directly benefit the health and well-being of our victims, their families, and community families.

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

1. Ratifies the SLTPD/LVF Law Enforcement Specialized Unit grant application.

2. Ratifies execution of the subrecipient award agreement attached hereto as Exhibit “A.”

3. Approves and authorizes the grant award, and upon funding by Cal OES authorizes the Chief of Police to coordinate with the Finance Department to load the budget as follows:

Account # 238 02110
Revenue Account: 33221 $203,142
Expenses Account: 41040 $ 13,308 (Dispatch / Police Officer Overtime) 42010 $107,266 (Live Violence Free Services)
50001 $ 82,568 (Operating transfer out to General Fund for City of South Lake Tahoe staff)
17 Resolution 2023-XXX January 10, 2023 Page 2 of 2

4. Approves the sole source request for Live Violence Free to provide domestic violence and sexual assault services for an amount not to exceed $107,266.

Adopted by the City of South Lake Tahoe City Council on January 10, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cristi Creegan, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signatures certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council. 18 Notification of Grant Subaward Application Approval
Law Enforcement Specialized Units Program
Grant Subaward #: LE22 06 7994
Dear Lt. Jeffery Roberson:

Jeffery Roberson, Lieutenant
South Lake Tahoe, City of
1352 Johnson Boulevard
South Lake Tahoe, CA 96150-8200
Subject:

December 16, 2022
3650 SCHRIEVER AVENUE l MATHER, CALIFORNIA 95655
www.CalOES.ca.gov

GAVIN NEWSOM

GOVERNOR
MARK S. GHILARDUCCI

DIRECTOR
Congratulations! The California Governor's Office of Emergency Services (Cal OES) has approved your Grant Subaward application in the amount of $203,142, subject to Budget approval. A copy of your approved Grant Subaward is enclosed for your records.

Cal OES will make every effort to process payment requests within 45 days of receipt of your Report of Expenditures & Request for Funds (Cal OES Form 2-201).

This Grant Subaward is subject to the Cal OES Subrecipient Handbook. You are encouraged to read and familiarize yourself with the Cal OES Subrecipient Handbook, which can be viewed on the Cal OES website at www.caloes.ca.gov.

Any funds received in excess of current needs, approved amounts, or those funds owed as a result of a close-out or audit, must be refunded to Cal OES within 30 days upon receipt of an invoice.

Please contact your Program Specialist, Olga Stupak, at (916) 845-8807 with questions about this notice.

VS Grants Processing Unit
cc: Subrecipient's file
Program Specialist
19 SPECIAL CONDITION
Grant Subaward No. LE22 06 7994 is hereby approved with the following conditions:
• The 2021 STOP Funds in the amount of $ 33,858 must be expended by 4/30/23 and the final 2-201 must be received by Cal OES by 5/31/23.
• The 2021 STOP Funds in the amount of $33,858 must be expended before the 2022 STOP funds.
• The 2022 STOP funds in the amount of $169,284 cannot be expended until Cal OES has access to funds through the applicable FY 2022-23 Federal award.

Should the Federal award(s) be reduced, you will be notified and required to amend the Grant Subaward.

Failure to comply with these requirements may result in the withholding and disallowance of grant payments, the reduction or termination of the Grant Subaward and/or the denial of future grant funds.

DocuSign Envelope ID: 9CC8F8A2-738F-4B81-A7CD-80C7E1881AFE 20 Received by CalOES, Nicole Viernes
Mail Log #766587, Monday, October 31, 2022
017-73108 LE22 06 7994
_____
_____
_____ _________
______
$67,714 ______
$33,858
$169,284
$203,142 $203,142
$56,428 $56,428 ________
$67,714 ________
$45,144
$225,712 _________
_________
$270,856 _________
10% De Minimis
,City of
017-73108-00
ENY: 2022-23 Chapter: 43 SL: 18411
Item: 0690-102-0890 Pgm: 0385
FAIN #: 15JOVW-21-GG-00554-STOP 07/01/21-06/30/23
Fund: Federal Trust AL#: 16.588
Program: Law Enforcement Specialized Units Program
Match Req.:25%, C/IK based on TPC
Project ID: OES21STOP000012
SC: 2022-18411 Amount: $33,858
ENY: 2022-23 Chapter: 43 SL: 18412
Item: 0690-102-0890 Pgm: 0385
FAIN #:15JOVW-22-GG-00411-STOP 07/01/22-06/30/24
Fund: Federal Trust AL#: 16.588
Program: Law Enforcement Specialized Units Program
Match Req.: 25%, C/IK based on TPC
Project ID: OES22STOP000012
SC: 2022-18412 Amount: $ 169,284
DocuSign Envelope ID: 9CC8F8A2-738F-4B81-A7CD-80C7E1881AFE 12/8/2022 12/8/2022
21 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

SUPPLEMENTAL GRANT SUBAWARD INFORMATION

1. Cal OES Contact Information Section:

Governor's Office of Emergency Services
Mark S. Ghilarducci, Director
3650SchrieverAvenue
Mather, CA 95655
(916} 845-8506 {phone)

2. Federal Awarding Agency Section:

Fund Federal Awarding Total Federal Total Local
Federal Program Fund / AL# Award Assistance Year Agency Amount Amount 2021
2022
Violence Against Women Act Office of Violence $14,691,713 $13,222,542 $11,766,699
(STOP) I 16.588 AQainst Women
Violence Against Women Act Office of Violence $13,074,110 (STOP} I 16.588 Against Women

3. Project Description Section:
• Project Acronym:

Law Enforcement Specialized Units Program (LE)
• Project Description:

The purpose of the LE Program is to create or enhance specialized units to provide a coordinated response to victims/survivors of domestic violence and their children. The specialized units will accomplish this through investigations, immediate victim advocacy, training for first responders, and the development of effective practices and protocols that will remain sustainable beyond the Grant Subaward performance cycle.

4. Research & Development Section:
• Is this Subaward a Research & Development grant?
Yes □ No IZI
Supplemental Grant Subaward Information - Cal OES 2-1 Ola {08/2020) 22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
VSPS Budget Summary Report
12/16/22
F/S/L (Funding Types): F=Federal, S=State, L=Local Match Paid/Expended=posted in ledger w/Claim Schedule, Pending=Processed, but not yet in Claim Schedule F/S/L
F/S/L
F/S/L
Funding Source
Funding Source
Funding Source
Budget Amount
Budget Amount
Budget Amount
Paid/Expended
Paid/Expended
Paid/Expended
A. Personal Services - Salaries/Employee Benefits
B. Operating Expenses
C. Equipment
Balance
Balance
Balance
21STOP
21STOP
22STOP
22STOP
21STOP
21STOP
22STOP
22STOP
21STOP
21STOP
22STOP
22STOP
F
L
F
L
F
L
F
L
F
L
F
L
0 0
0 0
0 0
0 0
0 0
0 0
33,858
11,286
62,018
56,428
0 0
107,266
0 0
0 0
0 33,858
11,286
62,018
56,428
0 0
107,266
0 0
0 0
0 Law Enforcement Specialized Units Program
South Lake Tahoe, City of
LE22 Law Enforcement Specialized Units Program
0 0
0 163,590
107,266
0 163,590
107,266
0 Total A. Personal Services - Salaries/Employee Benefits:

Total B. Operating Expenses:

Total C. Equipment:

Pending
Pending
Pending
Pending Balance
Pending Balance
Pending Balance
0 0
0 0
0 0
0 0
0 0
0 0
33,858
11,286
62,018
56,428
0 0
107,266
0 0
0 0
0 0
0 0
163,590
107,266
0 Performance Period: 01/01/23 - 12/31/23
blank filler
blank filler
blank filler
Subaward #: LE22 06 7994
Latest Request: , Not Final 201
44 VSPS Budget Summary Report
12/16/22
F/S/L (Funding Types): F=Federal, S=State, L=Local Match Paid/Expended=posted in ledger w/Claim Schedule, Pending=Processed, but not yet in Claim Schedule Total Local Match: 67,714 0 67,714
Law Enforcement Specialized Units Program
South Lake Tahoe, City of
LE22 Law Enforcement Specialized Units Program
Total Funded:

Total Project Cost:
203,142 0 203,142
270,856 0 270,856
Budget Amount Paid/Expended Balance
0 67,714
0 203,142
0 270,856
Pending Pending Balance
Performance Period: 01/01/23 - 12/31/23
Subaward #: LE22 06 7994
Latest Request: , Not Final 201
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
017-73108
LE22 06 7994
2 67
68 69
70 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: January 10, 2023
Agenda Item #: 4
Agenda Item: Permanent Local Housing Allocation (PLHA) Program Application for up to $5,000,000 for the Sugar Pine Village Affordable Housing Project
Executive Summary: The Permanent Local Housing Allocation (PLHA) program provides grants to local jurisdictions to assist persons experiencing or at risk of homelessness and/or investments that increase the supply of households to those with income of 60% of the Area Median Income. This grant will support development of the Sugar Pine Village affordable housing project, Phase 2A.

Requested Action / Suggested Motions: Pass a Resolution authorizing the City Manager to submit a joint application with Related Companies of California LLC under the PLHA Program for Sugar Pine Village Phase 2A for an amount not to exceed $5,000,000. Up to 5 percent ($250,000) can be used for reimbursement of administrative costs incurred by the City.

Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Reviewed and Approved By:

Susan Blakenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report PLHA 2022.docx
02-PLHA Reso-2023.pdf
71 Council Agenda Report January 10, 2023 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: January 10, 2023
Title: Permanent Local Housing Allocation (PLHA) Program Application for the Sugar Pine Village affordable housing project, Phase 2A Location: 1888 Lake Tahoe Boulevard and 1029 Tata Lane
Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner 530-542-6158
Background: The Sugar Pine Village project is a proposed 248-unit affordable housing project, with onsite community service facilities on 11.6 acres of land owned by the State of California (State). This project is a result of the Governor’s Executive Order N-06-19, which directed the California Department of General Services (DGS) to identify excess state properties as potential affordable housing development sites. In July 2020, the State announced the State had selected Related Companies of California LLC (Related) in partnership with the St. Joseph Community Land Trust to construct and manage the Sugar Pine Village project.

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

In addition to direct City commitments, the City has partnered with Related to secure $17,359,470 in Affordable Housing and Sustainable Communities (AHSC) grant funds including $10,551,967 for the project and the remaining $6,807,503 for city improvements. The City and Related were awarded $5,000,000 in Permanent Local Housing Allocation (PLHA) grant funding in 2022. Additionally, Related has also secured $20,000,000 in Multifamily Housing Program (MHP) funding and $3,195,900 in Infill Infrastructure Grant (IIG) funding so far in the financing phase of the project.

To date, approximately $40,000,000 in tax credits and grant applications have been applied for and secured using the City’s initial approximate $1.8 million commitment as a local match.

Related is phasing the financing and construction of the project into four phases. Phase 1A includes 68 residential units. Site preparation and modular construction for Phase 1A 72 Council Agenda Report January 10, 2023 Page 2 of 4
began at Factory OS in fall 2022. Phase 1B includes 60 units, Phase 2A 60 units and Phase 2B 60 units. Phase 2A is anticipated to be the next phase with full funding and ready for construction. The overall project also includes a community/property management building and a daycare/social services building.

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

The City and Related were co-applicants for Sugar Pine Village Phase 1A and were successfully awarded the competitive PLHA grant for $5,000,000 in February 2022. $250,000 of those grant funds are being uses for reimbursement of administrative costs incurred by the City.

Issue and Discussion: HCD released the Permanent Local Housing Allocation (PLHA) program competitive Notice of Funding Availability (NOFA) on October 14, 2022 for approximately $24 million. This funding provides grants to local jurisdictions to assist persons experiencing or at risk of homelessness and/or investments that increase the supply of households to those with income of 60% of the Area Median Income. It is recommended that the City Council adopt a resolution authorizing staff to submit a joint PLHA Program application with Related Companies of California LLC for Sugar Pine Village Phase 2A for an amount not to exceed $5,000,000. Up to 5 percent ($250,000) can be used for reimbursement of administrative costs incurred by the City.

Source Phase 1A Phase 1B Phase 2A Phase 2B
City RDA Loan 566,629 - -
City Coverage Loan 254,487 995,513
HOME PI Loan 625,000
City Sources 821,116 625,000 995,513 -
Federal Tax Credit Equity 19,766,293 23,997,600 17,502,953 23,997,600 State Tax Credit Equity 5,722,864 2,395,276 6,801,591 2,399,760 Perm Loan 2,768,500 2,045,000 2,392,000 1,959,000
State MHP 12,127,500 7,448,016 - 11,236,042
State AHSC - - 10,551,967
State IIG 3,195,900 2,998,500 2,965,000 2,998,000
State PLHA 4,750,000 - 4,750,000
State HOME - 5,162,446 - 5,910,614
State LGMG 5,638,066 5,000,000 4,304,935 5,000,000
Deferred Developer Fee 500,000 500,000
Leveraged Sources 54,469,122 49,046,838 49,768,446 53,501,016 Total Sources 55,290,238 49,671,838 50,763,959 53,501,016 Committed Applied For Identified
73 Council Agenda Report January 10, 2023 Page 3 of 4
Financial Implications: PLHA grant funds are awarded on a competitive basis. If awarded, the allocation of funds would be contingent upon the City entering into a Standard Agreement with HCD. Any future funding agreement associated with the PLHA Program funding award will require City Council approval.

It is anticipated that the City will carry primary responsibility for grant administration and monitoring. However, up to 5 percent of the funding award may be used to cover administrative costs associated with administering the grant to a maximum of $250,000.

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

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

1.3.2. The recommended action is also consistent with the following adopted policies and programs:

City General Plan Housing Element
Policy 1-1 The City shall adopt programs, ordinances, incentives, land use plans and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs of citizens of all economic levels.

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

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

Program 2-1 PURSUE STATE AND FEDERAL FUNDS
To support the creation of quality, affordable housing options for extremely low-, very low-, and low-income households, the City shall seek and when appropriate and feasible pursue grant opportunities for state and federal funds.

Program 2-6 ANALYSIS OF FEDERAL AND STATE LANDS
The City shall continue discussing the potential for developing quality workforce and affordable housing on non-environmentally sensitive lands owned by the California 74 Council Agenda Report January 10, 2023 Page 4 of 4
Tahoe Conservancy (Conservancy) and the United States Forest Service (USFS). The City shall ensure that important natural resources are protected and only pursue surplus lands that these agencies have determined do not have a clear and compatible conservation or recreation purpose consistent with agency goals.

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

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

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

Policy H-2.1 – General
Encourage the creation of residential uses to support and add vitality to commercial and public service projects in the Tahoe Valley area.
75 76
77 78
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: January 10, 2023
Agenda Item #: 5
Agenda Item: Excess Sites Local Government Matching Grants (LGMG) Program Application for up to $5,000,000 for the Sugar Pine Village Affordable Housing Project Executive Summary: The Excess Sites Local Government Matching Grants Program (LGMG) 2022 - Round 2 will provide grant based funding to the Sugar Pine Village affordable housing project to match certain local government funding for predevelopment and development of affordable housing on excess state lands.

Requested Action / Suggested Motions: 1) Pass a Resolution authorizing staff to submit a joint application with Related Companies of California LLC under the LGMG Program for an amount not to exceed $5,000,000; and, 2) Pass a Resolution authorizing a demonstration of Enforceable Funding Commitments for local government contribution sources.

Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Sugar Pine Village Grant.docx
02-Resolution-Related Companies Sugar Pine Joint Application 03-Resolution - California Housing and Community Development - Sugar Pine 79 Council Agenda Report January 10, 2023 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: January 10, 2023
Title: Excess Sites Local Government Matching Grants (LGMG) Program Application for the Sugar Pine Village affordable housing project Location: 1888 Lake Tahoe Boulevard and 1029 Tata Lane
Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner 530-542-6158
Background: The Sugar Pine Village project is a proposed 248-unit affordable housing project, with onsite community service facilities on 11.6 acres of land owned by the State of California. This project is a result of the Governor’s Executive Order N-06- 19, which directed the California Department of General Services (DGS) to identify excess state properties as potential affordable housing development sites. In July 2020, the State announced they had selected Related Companies of California LLC (Related) in partnership with the St. Joseph Community Land Trust to construct and manage the Sugar Pine Village project.

In addition to direct City commitments, the City has partnered with Related to secure $17,359,470 in Affordable Housing and Sustainable Communities (AHSC) grant funds, including $10,551,967 for the construction of the units and $6,807,503 for city improvements. The City and Related were awarded $5,000,000 in Permanent Local Housing Allocation (PLHA) grant funding. Additionally, Related has also secured $20,000,000 in Multifamily Housing Program (MHP) funding and $3,195,900 in Infill Infrastructure Grant (IIG) funding so far in the financing phase of the project.

To date, approximately $40,000,000 in tax credits and grant applications have been applied for and secured using the City’s initial approximate $1.8 million commitment as a local match.
80 Council Agenda Report January 10, 2023 Page 2 of 4
Related is phasing the financing and construction of the project into four phases. Phase 1A includes 68 residential units. Site preparation and modular construction at Factory OS for Phase 1A began in fall 2022. Phase 1B includes 60 units, Phase 2A 60 units and Phase 2B 60 units. Phase 2A is anticipated to be the next phase with full funding and ready for construction. The overall project also includes a community/property management building and a daycare/social services building.

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

Related submitted two LGMG grant applications in Round 1 for Phase 1A and 2A in May 2022 to address increased project costs. Related was the applicant for Phase 1A and the City was a co-applicant for the Phase 2A application. Sugar Pine Village was awarded $5,638,066 in LGMG funding for Phase 1A and $4,304,935 for Phase 2A.

Issue and Discussion: In November 15, 2022, the State of California Housing and Community Development Department (HCD) released a Notice of Funding Availability (NOFA) for the Excess Sites Local Government Matching Grants Program (LGMG) 2022 - Round 2. The LGMG program’s primary objectives are to accelerate affordable housing production on state excess sites. Up to $13 million is available in Round 2 for Predevelopment and Development Costs to selected excess sites projects that receive a financial contribution from a local government. The program requires a resolution from the City that approves the budget, including all funding sources, and demonstrating Source Phase 1A Phase 1B Phase 2A Phase 2B
City RDA Loan 566,629 - -
City Coverage Loan 254,487 995,513
HOME PI Loan 625,000
City Sources 821,116 625,000 995,513 -
Federal Tax Credit Equity 19,766,293 23,997,600 17,502,953 23,997,600 State Tax Credit Equity 5,722,864 2,395,276 6,801,591 2,399,760 Perm Loan 2,768,500 2,045,000 2,392,000 1,959,000
State MHP 12,127,500 7,448,016 - 11,236,042
State AHSC - - 10,551,967
State IIG 3,195,900 2,998,500 2,965,000 2,998,000
State PLHA 4,750,000 - 4,750,000
State HOME - 5,162,446 - 5,910,614
State LGMG 5,638,066 5,000,000 4,304,935 5,000,000
Deferred Developer Fee 500,000 500,000
Leveraged Sources 54,469,122 49,046,838 49,768,446 53,501,016 Total Sources 55,290,238 49,671,838 50,763,959 53,501,016 Committed Applied For Identified
81 Council Agenda Report January 10, 2023 Page 3 of 4
local government contribution. Related and the City would be co-applicants for the Phase 1B LGMG grant application. The financial contribution from the City includes a loan of $625,000 in HOME Program Income approved by the City Council on October 19, 2021 (Resolution 2021-081).

In order to meet the deadline associated with the approximate 4-week application period (November 15 - December 15), draft applications were submitted subject to future City Council authorization. It is recommended that the City Council adopt two resolutions to authorize staff to submit a joint application for Sugar Pine Village Phase 1B with Related to the LGMG Program for an amount not to exceed $5,000,000 (Attachment 2) and approving the project budget and committed project sources for Sugar Pine Village Phase 1B (Attachment 3).

Financial Implications: The attached resolution documents local funding commitments to Sugar Pine Village. LGMG grant funds are awarded on a competitive basis for affordable housing development on Excess State Land Sites up to $10,000,000 per developer. If awarded, the allocation of funds to Phase 1B would be contingent upon the City entering into a Standard Agreement with HCD. The resolution authorizing the joint application would also authorize the City Manager to enter into the Standard Agreement if the grant is awarded. Any future loan agreement associated with the LGMG Program funding award will require City Council approval.

It is anticipated that the City will carry primary responsibility for grant administration and monitoring related to the Phase 1B application.

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

The recommended action is also consistent with the following adopted policies and programs:

Policy 2-2 The City shall enable opportunities for deed-restricted affordable ownership housing to ensure long-term affordability.
82 Council Agenda Report January 10, 2023 Page 4 of 4
Policy 2-5 The City shall recognize that it will become difficult to attract employees if they cannot afford to purchase or rent housing in South Lake Tahoe. The City shall encourage and support programs and activities that create a robust local economy that provides residents with good paying employment and the means to purchase and/or rent housing in the city.

Program 2-6 ANALYSIS OF FEDERAL AND STATE LANDS
The City shall continue discussing the potential for developing quality workforce and affordable housing on non-environmentally sensitive lands owned by the California Tahoe Conservancy (Conservancy) and the United States Forest Service (USFS). The City shall ensure that important natural resources are protected and only pursue surplus lands that these agencies have determined do not have a clear and compatible conservation or recreation purpose consistent with agency goals.

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

Policy H-2.1 – General
Encourage the creation of residential uses to support and add vitality to commercial and public service projects in the Tahoe Valley area.
83 Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
January 10, 2023
Authorizing the joint application for the Local Government Matching Grants (LGMG) program for Sugar Pine Village Phase 1B

BACKGROUND
A. On January 15, 2019, Governor Gavin Newsom signed Executive Order No. N16-19, which allows the production of affordable housing on state-owned Excess Sites. The Executive Order authorizes the Department of General Services (DGS) and the Department of Housing and Community Development (HCD) to Identify and prioritize Excess Sites for sustainable, cost-effective, and innovative multi-family affordable housing projects.

B. On June 30, 2020, DGS and HCD selected the Related Companies of California, LLC to develop affordable housing at 1888 Lake Tahoe Blvd. and 1029 Tata Lane pursuant to Executive Order N-06-19.

C. Chapter 111, Statutes of 2021 (Assembly Bill (AB) 140) makes several statutory changes for the purpose of implementing the housing and homelessness provisions of the Budget Act of 2021, which established the Excess Sites Local Government Matching Grants (LGMG) Program to be administered by HCD.

D. LGMG was allocated up to $30 million to provide funds for Predevelopment and Development Costs to selected projects that receive a financial contribution from a Local Government, as defined pursuant to Health and Safety Code section 50704.80(b). Funding for LGMG is made available pursuant to Health and Safety Code section 50704.81(a)(2).

E. HCD has issued a Notice of Funding Availability (NOFA), dated November 15, 2022, for LGMG pursuant to Health and Safety Code section 50704.83(f).

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 City staff to submit a Joint Application for the LGMG Program with Related Companies of California, LLC for Sugar Pine Village Phase 1B for up to $5,000,000.

2. If an application is approved, authorizes the City Manager to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
84 3. If Applicant is awarded LGMG grant funds from HCD pursuant to the above referenced LGMG Program NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the LGMG Program, as well as any and all contracts Applicant may have with HCD.

Adopted by the City of South Lake Tahoe City Council on January 10, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cristi Creegan, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
85 Resolution of the Governing Body
Applicants are encouraged to use this Resolution in content and form.

RESOLUTION NO.____________
A RESOLUTION OF THE GOVERNING BODY OF _____________________ SUPPORTING THE APPLICATION OF _____________________ FOR THE LOCAL GOVERNMENT MATCHING GRANTS PROGRAM; APPROVING _______________

BUDGET FOR THE LOCAL GOVERNMENT MATCHING GRANTS PROGRAM WHEREAS:

A. On January 15, 2019, Governor Gavin Newsom signed Executive Order No.

N-06-19, which allows the production of Affordable housing on state-owned Excess Sites (“Excess Sites”). The Executive Order authorizes the Department of General Services (“DGS”) and the Department of Housing and Community Development (“Department”) to identify and prioritize Excess Sites for sustainable, cost-effective, and innovative multi-family Affordable housing projects.

B. On ___________ DGS and the Department selected ___________________ to develop Affordable housing at _______________________________ (“selected project”) pursuant to Executive Order No. N-06-19.

C. Chapter 111, Statutes of 2021 (Assembly Bill (AB) 140) makes several statutory changes for the purpose of implementing the housing and homelessness provisions of the Budget Act of 2021, which establishes the Excess Sites Local Government Matching Grants (“LGMG”) Program (hereafter, “Program”) to be administered by the Department.

D. The Program was allocated up to $30 million to provide funds for Predevelopment and Development Costs to selected projects that receive a financial contribution from a Local Government, as defined pursuant to Health and Safety Code section 50704.80(b). Funding for the Program is made available pursuant to Health and Safety Code section 50704.81(a)(2).

E. The Department has issued a Notice of Funding Availability (“NOFA”), dated May 5, 2022, for the Program pursuant to Health and Safety Code section 50704.83(f).

F. The Program requires contribution from ________________________________ to ____________________ for ____________________________ (“Applicant”) to apply for Program funds pursuant to Health and Safety Code section 50704.82. Towards that end, Applicant is submitting an Application for Program funds (“Application”) to the Department for review and consideration. 86 __________________________________
G. The Program requires a resolution from _______________________________ pursuant to Health and Safety Code section 50704.82(b(1)(A) approving the ___________________ budget, including all sources, and demonstrating the amount of Local Government Contribution to the Applicant for Predevelopment and Development Costs for ____________________, and the requested amount from the Program.

THEREFORE, IT IS RESOLVED THAT:

1. The ____________________________________________ supports _______________________ submitting an Application to the Department to receive Program funds for ________________________ to develop Affordable housing on the state-owned Excess Site.

2. The ____________________________ is authorized to submit the approved _________________ Project Budget (“Attachment 1”) and Anticipated and Committed Project Sources (“Attachment 2”) to the Applicant to include in their Application. Attachment 1 and Attachment 2 demonstrate the requested amount from the Program, __________________ that will be allocated to the Applicant, and all other sources for Predevelopment and Development Costs associated with the development of Affordable housing on the state-owned Excess Site.

Attachment 1: ________________ Budget
Attachment 2: Anticipated and Committed Project Sources PASSED AND ADOPTED at a regular meeting of the __________________ of the ___________ of ___________ held on ________ by the following vote:

Instruction: Fill in all four vote-count fields below. If none, indicate “0” for that field.

AYES: _____ NOES: _____
ABSENT: _____ ABSTAIN: _____
87 _________________________________________

STATE OF CALIFORNIA
_________ of ________________
I, __________________, ________ Clerk of the _________ of ________________, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said _________________ on this ___ day of _____________, 20____.
_ , Clerk of the of
_____________________, State of California
By: _____________________________________
Note: The attesting officer cannot be the person identified in the Resolution as the authorized signer.
88 ATTACHMENTS
Attachment 1: Project Budget
Attachment 2: Anticipated and Committed Project Sources 89 Attachments
Attachment 1: Project Budget (from Program Application) 90 Attachment 2: Anticipated and Committed Project Sources 91 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: January 10, 2023
Agenda Item #: 6
Agenda Item: Annual Accountability Report for Fiscal Year 2021-2022 for the Bijou Area Erosion Control Project, Community Facilities District (CFD2014-1) Executive Summary: The Bijou Area Erosion Control Project is a major water quality treatment and erosion control project completed in 2014. Project improvements include an area-wide stormwater collection, conveyance, and treatment system. On July 15, 2014, the City Council adopted Resolution No 2014-42, forming the Community Facilities (CFD) District No. 2014-1 for the Bijou Area Erosion Control Project (ECP) and authorized the levy of a special tax within the CFD for the maintenance of the Bijou Area ECP. California Government Code Section 53411 (Senate Bill 165) requires local agencies levying a special tax to provide an annual status report to the governing body (City Council). This report provides the required information.

Requested Action / Suggested Motions: Receive and file report.

Responsible Staff Members: Anush Nejad, Director of Public Works and Stan Hill, Engineering Manager Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6013 Stan Hill, Engineering Manager (530) 542-6039
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Bijou CFD FY 21-22.docx
02-CFD 2014-1 (Bijou) SB 165 Report - 2021-22.pdf
03-Bijou Area Vicinity Map and CFD Location Maps.pdf
92 City Council Report January 10, 2023 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: January 10, 2023
Title: Annual Accountability Report for Bijou Area Erosion Control Project Community Facilities District (CFD2014-1) for Fiscal Year 2021/22
Location: Bijou Commercial Core Area near Fairway Ave and Lake Tahoe Blvd.

Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031; Stan Hill, Engineering Manager (530) 542-6039
Background: The Bijou Area Erosion Control Project is a major water quality treatment and erosion control project completed in 2014 (see Project Location Map). Project improvements include an areawide stormwater collection, conveyance, and treatment system. Because the Bijou Area Project is in close proximity to Lake Tahoe and located within an intensely developed commercial area of the City, providing needed stormwater treatment before discharge into Lake Tahoe was problematic.

Stormwater treatment in the Project area requires a much more proactive method than is normally required with most stormwater and erosion control projects. The stormwater treatment facilities provided with the Project include an extensive series of subsurface settlement chambers to allow sediment to drop out of the stormwater on its journey to a stormwater lift station. After entering the lift station, the stormwater is pumped upstream to stormwater basins located on property owned by the U.S. Forest Service. The basins provide detention time to allow fine sediment to drop out. Stormwater infiltrates into the ground within the interconnected multi-basin facility.

The pro-active stormwater treatment system eliminates a historic direct discharge of urban stormwater into Lake Tahoe. The Bijou area-wide treatment system provides the means for commercial properties to receive TRPA BMP certification. As a part of the Bijou Area Erosion Control Project, the Community Facilities District was developed to provide a source of operations and maintenance funding to cover annual costs, replacement costs of the lift station pump, and related infrastructure replacement costs.

On July 15, 2014, the City Council adopted Resolution No 2014-42, forming the Community Facilities (CFD) District No. 2014-1 for the Bijou Area Erosion Control Project (ECP) and authorized the levy of a special tax within the CFD for the maintenance of the Bijou Area ECP. The ongoing and long-term costs to operate and maintain the Bijou storm water pump-and-treat system are partially offset by fees collected from the Bijou Area CFD. California Government Code Section 53411 (Senate Bill 165) requires local agencies levying a special tax to provide an annual status report to the governing body (City Council).

This report provides the required information.

Issue and Discussion: The attached annual report delivered by the CFD administrator NBS revenue, expenses and CFD funding balance for the Fiscal Year 2020/21 was the following:
93 City Council Report January 10, 2023 Page 2 of 3
 CFD tax & interest revenue: $14,635.41
 Expenses: $10,785.15
 CFD FY 2020/21 Balance: $159,937.57
 CDF FY 2020/21 Fund Balance: $163,787.83
Special taxes are levied at a rate per impervious square foot of each participating parcel. The initial rate under the agreement was established at $0.10 per square foot and is subject to an increase annually based on the lesser of 3% or the April Consumer Price Index (CPI) change. Previously approved annual rate increases and the proposed rate increase to the CFD levy are summarized as follows:

Table 1 – Annual Change in Tax Rate
Fiscal Year CPI Percent
Increase
Special Tax Rate
($/square foot)
2014-15 (CFD Formed) NA 0.10
2015-16 + 2.44 2.44 0.10244
2016-17 +2.70 2.70 0.10521
2017-18 +3.79 3.0 0.10835
2018-19 +3.22 3.0 0.11160
2019-20 +4.01 3.0 0.11495
2020-21 +1.11 1.11 0.11623
2021-22 +3.81 3.0 0.11971
2022-23 +8.3 3.0 0.12331
Because public roads contribute half of the runoff and pollutant loading to the Bijou ECP, which is considered a public benefit, the City of South Lake Tahoe is responsible for up to half of the annualized funding for ongoing operations and maintenance (estimated at $112,403 per year over the next 20 years).

Anticipated costs to overhaul and eventually replace major electrical and mechanical components of the pump system were factored into the average annual cost. Through the lifecycle of the project, annual costs are expected to be lower than the budgeted annualized maintenance cost because major replacement costs will be realized as the system ages.

Currently, only 12 out of 43 property owners eligible to participate in the CFD are participating in TRPA defined, “Area Wide BMPs.” Staff is working with TRPA to attract the maximum number of participants within the CFD to choose the levied assessment in lieu of constructing on-site BMPs. The assessment fees are calculated based on the impervious square footage for each property. Up to five times the current revenue could be collected annually if all 43 eligible properties located within the CFD participated.

Financial Implications: The recent annual 3% increase in special tax levy rates for the CFD participants was implemented to keep pace with average inflation while maintaining a set cap on the tax increase.

During this reporting period, the CPI was over the 3% cap. Therefore, the maximum 3% increase will be applied to the CFD tax rate as documented in Table 1.
94 City Council Report January 10, 2023 Page 3 of 3
Environmental Considerations: CEQA does not apply. Approval of staff’s recommendation is not a “project” subject to CEQA because it (a) has no potential to cause a significant effect on the environment and (b) concerns government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (Cal. Code Regs., tit. 14, §§ 15061(b)(3) and 15378(b)(4).)
Policy Implications: The special tax revenue is reserved for the operation and maintenance of the Bijou Area storm water pump and treat system. All expenses are consistent with policies and procedures regulating the Bijou Area CFD as approved and adopted by City Council in 2014. 95 Local Agency Special Tax and Bond Accountability Act Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act. This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001 in accordance with Section 50075.1 or Section 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Section 50075.3 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1.”
The requirements of the Act apply to the Operating Fund for the following District:

City of South Lake Tahoe
Community Facilities District No. 2014-1 Bijou Area ECP Formed July 15, 2014
Purpose of Special Tax
Community Facilities District No. 2014-1 (Bijou Area ECP) (the “District”) was created to finance the costs of the construction and maintenance of the Bijou Area Erosion Control Project (the “Bijou Area ECP”) water quality treatment system.

The Tahoe Regional Planning Agency (the “TRPA”) issues a Best Management Practices (the “BMP”) Certificate of Completion (the “Certificate”) to parcels that install and maintain a system to recover, trap, treat and filter stormwater runoff. The Certificate remains active as long as the BMP is maintained and functioning properly. The TRPA also issues BMP Certificates to any parcel participating in the District that is current in payment of their special taxes.

Fiscal Year 2021/22 Collections & Expenditures
09/30/2021
Balance
Amount
Collected (1)
Expended
Amount
09/30/2022
Balance
Service
Status
$159,937.57 $14,635.41 $10,785.15 $163,787.83 On-going
(1) Represents special tax collections through September 30, 2022, plus additional revenue sources, such as interest received.
96 BIJOU AREA EROSION CONTROL PROJECT

EXHIBIT A
N.T.S

SITE VICINITY MAP
N.T.S

VICINITY MAP
N.T.S

SITE LOCATION MAP
H:\Autocad files\PWC 2005-04\dwg\RFP\Bijou Area ECP Map.dwg, 1/29/2007 10:13:20 AM, ScanSoft PDF Create! 97 MAP ID APN MAPID APN
1 027--020-09-100 3 027-090-11-100
2 027--020-10-100 4 027--090-20-100
LJ
0 CJ

MAP OF PROPOSED BOUNDARIES OF

CITY OF SOUTH LAKE TAHOE
COMMUNITY FACILITIES DISTRICT NO. 2014-1
(BIJOU AREA ECP)

CITY OF SOUTH LAKE TAHOE

COUNTY OF EL DORADO

STATE OF CALIFORNIA
Shfft1 of1
0-1 FILED LAKE TAHOE THIS 2014. IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SOUTH @9 J.::;J r# CITY CLERK OE rriBfB Q . DAY OF ITY OF SOUTH LAKE TAH IA ITY OF SOUTH LAKE DORADO COUNTY, CALIFORN OW1NG THE PROPOSED EL DORADO, STATE OF CAL O ON THE ___ DAY OF__ · \h-n-0 f'l'A V;J
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FILED THIS __ DAY OF __ , 2014, AT THE HOUR OF __ O'CLOCK_M, IN BOOK __ OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF EL DORADO, STATE OF CALIFORNIA.

COUNTY RECORDER

COUNTY OF EL DORADO, CALIFORNIA

FOR PARTICULARS OF THE UNESAND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF EL DORADO, STATE OF CALIFORNIA.

Legend
ii!
•
Legend
MAPID
5 6
APN
027-090-22-100 027-101--02-100

MAP ID APN
7 027-101-04-100
8 027-101-17-100
MAPID
9 10
APN
027-370-04-100 027-371--09-100
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0.01 0.02 0.04 0.06 GNes·
Miles
98 8

MAPID APN
027-02().15-100 027-02().17·100 027-090--06-100 027-090-09-100 027-090-16-100 027-090-17-100 MAPID
7 8
9 10
11 12

APN MAPID APN
027-09().23-100 13 027-101-24-100
027-09().25-100 14 027-101-27-100 027-101-03-100 15 027-101-28-100 027-101-05-100 16 027·35Q.01-100 027-101-14-100 17 027-35Q.06-100
027-101-22-100 18 027-35().15-1 00

MAP OF FUTURE ANNEXATION AREA OF

CITY OF SOUTH LAKE TAHOE
COMMUNITY FACILITIES DISTRICT NO. 2014-1
(BIJOU AREA ECP)

MAP ID APN
19 027-350-16-100
20 027-350-2().100
21 027-350-23-100
22 027-350-24-100
23 027-370-02-100 24 027-371-02-100

CITY OF SOUTH LAKE TAHOE

COUNTY OF EL DORADO

STATE OF CALIFORNIA

MAPID APN
25 027-371-03-100 26 027-371-1().100 27 027-371-11-100
28 027-371-12-100
29 027-371-13-100
30 027-371-14-100

MAP ID APN
31 027-371-15-100
32 027-431-31-100 33 027-621-02-100
ShHt1of1
FlLED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SOUTH LAKE TAHOE THIS __ DAY 2014.

CITY CLERK CITY OF SOUTH LAKE TAHOE
El DORADO COUNTY, CALIFORNIA

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF THE FUTURE ANNEXATION AREA OF THE CITY OF SOUTH LAKE TAHOE COMMUNITY FAC1LIT1ES DISTRICT NO. 2014-1 (BIJOU AREA ECP), CITY OF SOUTH LAKE TAHOE, COUNTY OF EL DORADO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE, AT A MEETING THEREOF, HELD ON THE DAY 2014, BY 1TS RESOLUTION NO. -

CITY CLERK

CITY OF SOUTH LAKE TAHOE

EL DORADO COUNTY, CALIFORNIA
FILED THIS __ DAY OF __ , 2014, AT THE HOUR OF __ O'CLOCK _M, IN BOOK __ OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF El DORADO, STATE OF CALIFORNIA.

COUNTY RECORDER COUNTY OF El DORADO, CALIFORNIA

FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF El DORADO, STATE OF CALIFORNIA.

0.015 0.03 0.06 0.09
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Legend
Ill
Legend
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S..-rouodmg Parcels
Prepared by
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99 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: January 10, 2023
Agenda Item #: 7
Agenda Item: Amended 2023 City Council Meeting Schedule Executive Summary: The location of the January 31, 2023, Strategic Planning Retreat has changed from City Hall, Council Chambers to The Landing, 4104 Lakeshore Boulevard, Lakeview Ballroom.

During the December 13 meeting direction was given if only one meeting is held in a given month, it will begin at 5:30 p.m. The amended schedule includes the change in location of the January 31 meeting and includes the start time of meetings in months when only one meeting is held.

Requested Action / Suggested Motions: Pass a Resolution adopting the Amended 2023 City Council regular meeting schedule clarifying the 5:30 p.m. starting time for meetings in months when only one meeting is held, and changing the location of the January 31 meeting from City Hall, Council Chambers to The Landing, 4104 Lakeshore Blvd.

Responsible Staff Member: Susan Blankenship, City Clerk Responsible Staff Member: Susan Blankenship, City Clerk (530) 318-1461 Reviewed and Approved By:

Heather Stroud, City Attorney
Attachments:
01-Staff Report - Amended 2023 City Council Meeting Schedule.docx 02-Resolution - Amended 2023 City Council Meeting Schedule.docx 03-Exhibit A -Amended 2023-Meeting Schedule.docx
100
Council Agenda Report January 10, 2023 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: January 10, 2023
Title: Amended 2023 City Council Regular Meeting Schedule Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Joseph Irvin, City Manager
Background: On December 13, 2022, City Council adopted the 2023 City Council regular meeting schedule.

Issue and Discussion: The location of the January 31, 2023, Strategic Planning Retreat has changed from City Hall, Council Chambers to The Landing, 4104 Lakeshore Boulevard, Lakeview Ballroom. During the December 13 meeting direction was given if only one meeting is held per month, it will begin at 5:30 p.m. The amended schedule includes the change in location of the January 31 meeting and includes the start time of meetings when only one meeting is held per month.

Environmental Considerations: Adopting the meeting calendar is not a project subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(5) (organizational or administrative activities that will not result in direct or indirect physical changes to the environment).

Policy Implications: Government Code section 54954(a) requires that the legislative body of a local agency provide the time and place for holding regular meetings. As such, the City Council adopts a resolution identifying the City Council meeting schedule for the following year.

If adopted, City Council Protocols will be amended.
101
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
January 10, 2023
Amended 2023 City Council Meeting Schedule
(Replaces Resolution 2022-152)

BACKGROUND
A. In accordance with Government Code Section 54954 (a), the City Council sets the regular meeting schedule on the second and fourth Tuesday in January, February, March, August, and September; the first and third Tuesday in May, June, and November; the first Tuesday in April, the third Tuesday in October; the second Tuesday in December; includes an additional City Council Retreat the fifth Tuesday in January; and includes a Joint City Council and Planning Commission Ethics Training the first Tuesday in March.

B. City Council meetings are held at City Hall, City Council Chambers, 1901 Lisa Maloff Way, South Lake Tahoe. The January 31, 2023, Strategic Planning Retreat will be held at The Landing, 4104 Lakeshore Boulevard, Lakeview Ballroom.

C. The first meeting of every month will begin at 9 a.m. If there are two meetings in a month, the second meeting will begin at 5:30 p.m. If there is only one meeting in a month, it will begin at 5:30 p.m.

The City Council Retreat, Joint City Council and Planning Commission meeting, and Budget Workshop will begin at 9 a.m.

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

1. Does hereby adopt the Amended 2023 Regular Meeting Schedule (Exhibit A).

Adopted by the City of South Lake Tahoe City Council on January 10, 2023 by the following vote:

Yes:

Absent:
________________________ Date:_________
Cristi Creegan, 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. 102
01 10 2023_sb
Exhibit A
City Council 2023 Regular Meeting Schedule
City Hall – City Council Chamber
1901 Lisa Maloff Way, South Lake Tahoe
The first meeting of every month begins at 9 a.m., the second meeting begins at 5:30 p.m., except as *noted below. If
there is
only one
meeting
in a
month, it
will begin
at 5:30
p.m.

January 2023 February 2023 March 2023

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2 3 4
8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 *7 8 9 10 11
15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 *31 26 27 28 26 27 28 29 30 31
*Strategic Planning Retreat 9 a.m.

The Landing, 4104 Lakeshore Blvd
*Joint Council/Planning Commission
Ethics Training 9 a.m.

April 2023 May 2023 June 2023

S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 6 1 2 3
2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10
9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30
30 July 2023 August 2023 September 2023

S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 1 2
2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9
9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 *22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 *Budget Workshop 9 a.m.

October 2023 November 2023 December 2023

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2
8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9
15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30
31 103
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: January 10, 2023
Agenda Item #: 8
Agenda Item: Recognized Obligation Payment Schedule (ROPS) FY 2023-2024 Executive Summary: In an effort to balance its budget, the State of California adopted Assembly Bill (AB)x1 26 on June 28, 2011, amended by AB 1484 on June 27, 2012, which suspended all new redevelopment activities except for limited specified activities as of that date and dissolved redevelopment agencies on February 1, 2012. The Successor Agency Board is required by state law to annually pass a resolution approving the ROPS.

Requested Action / Suggested Motions: Acting as the South Tahoe Redevelopment Successor Agency Board, pass a Resolution approving the Recognized Obligation Payment Schedule (ROPS) pursuant to Health and Safety Code section 34177 for the fiscal period commencing July 1, 2023, and ending June 30, 2024.

Responsible Staff Member: Olga Tikhomirova, Finance Director Responsible Staff Member: Olga Tikhomirova, Finance Director (530) 542-7431 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report-ROPS 2023-2024.docx
02-Resolution STRSA ROPS 2023-2024.docx
03-ROPS 2023-2024 (Exhibit A to Resolution).pdf
104
Council Agenda Report January 10, 2023 Page | 1
City of South Lake Tahoe
Report to South Tahoe
Redevelopment Successor Agency
Meeting Date: January 10, 2023
Title: Recognized Obligation Payment Schedule (ROPS), FY 2023-2024 Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance (530) 542-7431 Background: In an effort to balance its budget, the State of California adopted Assembly Bill (AB)x1 26 on June 28, 2011, amended by AB 1484 on June 27, 2012, which suspended all new redevelopment activities except for limited specified activities as of that date and dissolved redevelopment agencies on February 1, 2012.

The suspension provisions prohibited all redevelopment agencies from a wide range of activities, including incurring new indebtedness or obligations, entering into or modifying agreements or contracts, acquiring or disposing of real property, taking actions to adopt or amend redevelopment plans and other similar actions, except actions required by law or to carry out existing enforceable obligations, as defined in ABx1 26.

Certain assets of the Redevelopment Agency were to be distributed to a Housing Successor and all remaining Redevelopment Agency assets and liabilities were to be distributed to a Successor Agency. The City elected to become the Successor Agency. The Redevelopment Agency’s remaining assets were distributed to and liabilities were assumed by the Successor Agency and are recorded in the Redevelopment Obligation Retirement Private-Purpose Trust Fund (Fund 725) Issue and Discussion: Pursuant to Health and Safety Code section 34177(m)(1), Successor Agencies are required to prepare Recognized Obligation Payment Schedules (“ROPS”) prior to each twelve-month fiscal period. The ROPS is then ratified by the Oversight Board and subsequently submitted to the County Auditor and State Department of Finance. ROPS 2023-2024 is due February 1, 2023.

Financial Implications: The preparation and approval of this ROPS will allow the Successor Agency to continue to pay enforceable obligations of the former redevelopment agency and is required by the Health and Safety Code section 34177.

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 preparation and approval of this ROPS is consistent with Health and Safety Code section 34177(m)(1).
105
STRSA Resolution 2023-XXX January 10, 2023 Page 1 of 2
STRSA Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
South Tahoe Redevelopment Successor Agency
January 10, 2023
Approving the Recognized Obligation Payment Schedule (ROPS 2023-24) pursuant to Health and Safety Code section 34177 for the fiscal period commencing July 1, 2023 and ending June 30, 2024

BACKGROUND
A. Health and Safety Code Section 34177(m)(1) provides that before each twelve-month fiscal period, successor agencies to former redevelopment agencies must prepare a Recognized Obligation Payment Schedule (“ROPS”) for the enforceable obligations of the former redevelopment agency in accordance with the requirements of Section 34177 and submit the ROPS to the Oversight Board and the County Auditor’s Office for approval and subsequently submit it to the California Department of Finance for review and post on the Sponsoring or Successor Agency’s website.

B. The South Tahoe Redevelopment Successor Agency completed the Recognized Obligation Payment Schedule for the following period commencing July 1, 2023 and ending June 30, 2024.

C. In accordance with Health and Safety Code section 34177, a ROPS shall not be deemed valid until the ROPS is submitted to and duly approved by the Oversight Board.

D. The Board of Directors for the South Tahoe Redevelopment Successor Agency desires to adopt this resolution approving the attached ROPS in accordance with Health and Safety Code Section 34177 to provide the County Auditor and the Department of Finance with debt payment obligations over a sufficient time period to allow appropriate agencies to understand the long term debt obligations of the Successor Agency.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the Board of Directors for the South Tahoe Redevelopment Successor Agency, hereby finds, determines, resolves and orders as follows:

1. The above recitals are true and correct and are a substantive part of this resolution.

2. The Resolution is adopted pursuant to Health and Safety Code Section 34177.

3. The Board hereby approves the ROPS substantially in the form attached as Exhibit A to this Resolution and incorporated herein by reference.

4. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including, but not limited to, submitting the ROPS to the 106
STRSA Resolution 2023-XXX January 10, 2023 Page 2 of 2
Oversight Board for approval, the Controller’s Office and the Department of Finance and posting on the Successor Agency’s Internet Web Site.

Adopted by the Board of Directors of the South Tahoe Redevelopment Successor Agency a duly noticed meeting held on January 10, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
___________________________ Date:___________
Cristi Creegan, Agency Chair
Attest:
______________________________
Susan Blankenship, Agency Secretary
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council
107
Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: South Lake Tahoe
County: El Dorado
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 12,500 $ 12,500 $ 25,000 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 12,500 12,500 25,000
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 4,020,453 $ 1,136,904 $ 5,157,357 F RPTTF 3,990,453 1,106,904 5,097,357
G Administrative RPTTF 30,000 30,000 60,000
H Current Period Enforceable Obligations (A+E) $ 4,032,953 $ 1,149,404 $ 5,182,357 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
108
South Lake Tahoe
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$87,230,083 $5,182,357 $- $- $12,500 $3,990,453 $30,000 $4,032,953 $- $- $12,500 $1,106,904 $30,000 $1,149,404 6 Contracted
Financial
Services
Fees 10/01/
1999
10/01/2037 Bank of
New York
Mellon,
Willdan,
Fraser &
Associates
Trustee
Services,
arbitrage
rebate
calculations,
continuing
disclosure
reports, pass
through
calculations
Park
Avenue
Area
#1
10,000 N $10,000 - - 5,000 - - $5,000 - - 5,000 - - $5,000 7 Contracted
Legal Services
Admin
Costs
10/01/
2007
10/01/2037 Richards,
Watson and
Gershon
Redevelopment
Dissolution
Legal Costs
Park
Avenue
Area
#1
15,000 N $15,000 - - 7,500 - - $7,500 - - 7,500 - - $7,500 21 Administrative
Costs
Admin
Costs
01/01/
2014
10/01/2037 City of
South Lake
Tahoe
Costs to
Administer
Successor
Agency
(internal debt
administration,
accounting
financial
reporting, legal
and banking
fees
60,000 N $60,000 - - - - 30,000 $30,000 - - - - 30,000 $30,000 25 Supplemental
Educational
Revenue
Augmentation
Fund loan
SERAF/
ERAF
03/01/
2011
10/01/2037 City of
South Lake
Tahoe LowModerate
Income
Housing
Fund
Supplemental
Educational
Revenue
Augmentation
Fund Loan
426,210 N $- - - - - - $- - - - - - $-
26 City General
Fund loan to
the
Redevelopment
Agency for
Completion of
Park Avenue
Project
City/
County
Loan
(Prior 06/
28/11),
Cash
exchange
03/14/
2004
10/01/2037 City of
South Lake
Tahoe
General
Fund
Park Avenue
Project
Completion
costs loan
Park
Avenue
Area
#1
5,276,219 N $- - - - - - $- - - - - - $-
27 2014
Redevelopment
Project Area
No. 1 Series A
Bonds
Issued
After 12/
31/10
12/08/
2014
10/01/2034 Bondholders
paid by
Trustee
(Bank of
Refunding of
1999, 2003,
and 2004
Refunding
Park
Avenue
Area
#1
33,564,022 N $1,752,219 - - - 1,275,859 - $1,275,859 - - - 476,360 - $476,360 109

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
Notes New York
Mellon)
Revenue
Bonds to fund
non-housing
projects
28 2015
Redevelopment
Project Area
No. 1 Series A
Notes
Bonds
Issued
After 12/
31/10
09/16/
2015
10/01/2035 Bondholders
paid by
Trustee
(Bank of
New York
Mellon)
Refunding of
2005
Refunding
Revenue
Bonds to fund
non-housing
projects
Park
Avenue
Area
24,624,847 N $2,413,944 - - - 2,062,847 - $2,062,847 - - - 351,097 - $351,097 29 2017 Loan
Agreements
(securing
Authority's
2017
Refunding
Revenue Bond)
Bonds
Issued
After 12/
31/10
09/01/
2017
10/01/2037 Bondholders
paid by
Trustee
(Bank of
New York
Mellon)
Refunding of
2007 RDA
Notes sercuring
bonds to fund
non-housing
projects
23,253,785 N $931,194 - - - 651,747 - $651,747 - - - 279,447 - $279,447 110
South Lake Tahoe
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution
amount.
5,340,625 Only balances in Reserve Fund are reported
here.
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
496,038 4,627,824 Other Funds are revenues transferred in on an as-needed basis to cover the RPTTF
shortfall.
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
496,038 4,627,824
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$5,340,625 $- $- $- $-
111
South Lake Tahoe
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
Item # Notes/Comments
6 7
21 25
26 27
28 29
112
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: January 10, 2023
Agenda Item #: 9
Agenda Item: Citizen Appointments to Commissions and Boards Executive Summary: In November 2022, the City Clerk began soliciting applications for citizen appointments to the Arts, Culture, and Tourism Commission, Police Advisory Commission, Planning Commission, Airport Land Use Commission, Building and Housing Board of Appeals, Independent Citizens' Oversight Board, and the Parks & Recreation Commission, for terms expiring in February 2023.

The solicitation and appointment of citizens to various boards and commissions meets the requirements set forth in Resolutions 2018-111 and Resolution 2022-011 and conforms to City Council Protocols.

Requested Action / Suggested Motions: Interview applicants and Pass a Motion appointing applicants to 2-year terms as follows: 3 members to the Arts, Culture, and Tourism Commission; 2 members to the Building Board of Appeals; 3 members to the Police Advisory Commission; 3 members to the Planning Commission; 4 members and 1 vacancy (term ending 2/2024) to the Parks & Recreation Commission; appointing applicants to 4-year terms as follows: 5 members to the Independent Citizens' Oversight Committee; and, providing direction for the re-solicitation of applications to the Airport Land Use Commission.

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

Heather Stroud, City Attorney
Attachments:
01-Staff Report - Citizen Commissions and Boards.docx
02-Notice of Solicitation - Boards and Commissions.pdf
03-Local Appointments List 12 13 2022.docx
04-ACT Applications_Redacted.pdf
05-BBOA Applications_Redacted.pdf
06-Oversight Committee Applications_Redacted.pdf
07-P&R Applications_Redacted.pdf
08-PAC Applications_Redacted.pdf
09-PC Applications_Redacted.pdf
113
Council Agenda Report January 10, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 10, 2023
Title: Citizen Appointments to Commissions and Boards
Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Background: The City of South Lake Tahoe Commissions and Boards consists of: Airport Land Use Commission; Arts, Culture, and Tourism Commission; Building Board of Appeals; Parks and Recreation Commission; Planning Commission; Police Advisory Commission; and the Independent Citizens’ Oversight Committee.

Consistent with Resolution 2018-111 and Resolution 2022-011, in November 2022, the City Clerk began soliciting applications for citizen appointments to Commissions and Boards for terms expiring in February 2022 (attachments 02-Notice of Solicitation and 03-Local Appointments List).

All Commissioners and Board Members with expiring terms were contacted by the City Clerk and encouraged to reapply.

Issue and Discussion: Five applications were received for thee positions to the Arts Culture, and Tourism Commission. (2-year term)
o Stacey Ballard (incumbent)
o Eleanor Brennan (incumbent)
o David Hamilton (incumbent)
o Amy Tueckes
o Aimi Xistra-Rich
Two applications were received for two positions to the Building Board of Appeals. (2-year term) o Keith Roberts (incumbent)
o Scott McGill
Five applications were received for three positions to the Police Advisory Commission. (2-year term) o Tom Davis (incumbent)
o Erika Gonzalez (incumbent)
o Alberto Manfredi
o Ayana Morali (incumbent)
o Amy Tueckes
Eight applications were received for three positions to the Planning Commission. (2-year term) o Seth Howard
o David Jinkens
o Alberto Manfredi
o Kili Rahbeck (incumbent)
114
Council Agenda Report January 10, 2023 Page 2 of 2
o Jackson Realo
o Nick Speal
o Natalia Wieczorek (incumbent)
o Doug Williams (incumbent)
Seven applications were received for four positions and one limited term vacancy (term ending 2/2024) to the Parks and Recreation Commission. (2-year term)
o Melissa Balough
o Peter Fink
o Margaret Kovarik-Maxhimer (incumbent)
o Nicole Ramirez-Thomas
o Amelia Richmond
o Kira Smith (incumbent)
o Michael Lewis
Five applications were received for five positions to the Independent Citizens’ Oversight Committee. (4- year term)
o Jerry Bindel (incumbent)
o Marissa Fox (incumbent)
o David Gregorich (incumbent)
o Faye-Marie Pekar
o Aimi Xistra-Rich
No applications were received for two positions to the Airport Land Use Commission. The City Clerk will resolicit applications to this Commission.

Financial Implications: Costs associated with staff support of the individual commissions/boards have been budgeted for within the department who oversees the commission.

Environmental Considerations: This 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: The solicitation and appointment of citizens to various boards and commissions meets the requirements set forth in Resolution 2018-111 and Resolution 2022-011 and conforms to City Council Protocols.
115
City of South Lake Tahoe
Notice of Solicitation of Applications
PlanningCommission (three seats)
Airport Land Use Commission (two seats)
Building and Housing Board of Appeals (up to three seats) Parks & Recreation Commission (five seats)
Arts, Culture, & Tourism Commission (three seats)
Police Advisory Commission (three seats)
Independent Citizens’ Oversight Board (Measure P)(five seats) NOTICE IS HEREBY GIVEN that the City Council of the City of South Lake Tahoe is soliciting for applications for appointment to the following city commissions/boards:

Planning Commission:

The City Council will be appointing three (3) members to serve two-year terms on the Planning Commission. Applicants must reside within the city limits. The Planning Commission meets monthly assuming there is business to conduct.

Airport Land Use Commission:

The City Council will be appointing two (2) members to serve a two-year term on the Airport Land Use Commission. Applicants must reside and be domiciled within the Tahoe Basin portion of El Dorado County. The Airport Land Use Commission meets on an as needed basis.

Building Board of Appeals:

The City Council will be appointing up to three (3) members to serve a two-year term on the Building and Housing Board of Appeals. Applicants must reside and be domiciled within the Tahoe Basin portion of El Dorado County. The Building and Housing Board of Appeals meets on an as needed basis.

Parks & Recreation Commission:

The City Council will be appointing four (4) members to serve two-year terms and one (1) member to fill a one-year vacancy on the Parks & Recreation Commission. Applicants must reside within the Tahoe Basin portion of El Dorado County. The Parks & Recreation Commission meets at least quarterly.

Arts, Culture, & Tourism Commission:

The City Council will be appointing three (3) members to serve two-year terms on the Arts, Culture, & Tourism Commission. Applicants must reside within the Tahoe Basin portion of El Dorado County. The Arts, Culture, & Tourism Commission meets at least quarterly.

Police Advisory Commission:

The City Council will be appointing three (3) members to serve two-year terms on the Police Advisory Commission. Applicants must reside within the Tahoe Basin portion of El Dorado County. The Police Advisory Commission meets at least quarterly.

Independent Citizens’ Oversight Committee (Measure P):

The City Council will be appointing five (5) members to serve four-year terms on the Independent Citizens’ Oversight Committee. Applicants must reside within the Tahoe Basin portion of El Dorado County and be active in the South Lake Tahoe community at large. The Independent Citizens’ Oversight Committee meets on an as needed basis. 116
Applications:

Applications may be obtained at City Hall located at 1901 Lisa Maloff Way, South Lake Tahoe, between 8:00 a.m. and 5:00 p.m., Monday through Friday. Applications can also be downloaded from the City's website at www.cityofslt.us, or emailed to interested parties upon request to the City Clerk's Office. Completed applications must be returned to the City Clerk's Office (email preferred [email protected]) no later than 4:00 p.m., on Thursday, December 29, 2022.

The City Council will be making the appointments at a regularly scheduled meeting in January 2023 (to be announced).

For details regarding Duties and Responsibilities of City Boards and Commissions visit the City’s City Boards and Commissions webpage.

For questions, please contact Susan Blankenship, City Clerk at 542-6005 or via email at [email protected]
117
Revised 12/13/2022

LOCAL APPOINTMENTS LIST
Government Code 54972 (Maddy Act)
AIRPORT LAND USE COMMISSION (2 Year Term)
Meets as needed to review compatibility of land use plans and regulations around the airport.

Name Date Appointed Term Expires
Nicholas Speal 2/2/2021 2/2023
Stacey Ballard 3/16/2021 2/2023
BUILDING BOARD OF APPEALS (2 Year Term)
Meets as needed to hear appeals of Building Official determinations & monitor City building use, maintenance & construction requirements.

Name Date Appointed Term Expires
Keith Roberts 3/16/2021 2/2023
Frank Sylvester 1/18/2022 2/2024
Courtney Schmidt 3/1/2022 2/2024
Seth Howard 8/9/2022 ..2/2024
INDEPENDENT CITIZENS’ OVERSIGHT COMMITTEE (MEASURE P) (4 Year Term) Meets as needed to provide direction to City Council & Staff regarding the use & accounting of Measure P funds.

Name Date Appointed Term Expires
Jerry Bindel 2/19/2019 2/2023
David Gregorich 2/19/2019 2/2023
Judith Wood 2/19/2019 2/2023
Marissa Fox 2/19/2019 2/2023
Christina Wilson 2/19/2019 2/2023
PARKS & RECREATION COMMISSION (Alternating 2 Year Terms) Meets quarterly to advise City Council on policies and projects relating to city parks and recreation.

Name Date Appointed Term Expires
Margie Kovarik-Maxhimer 1/18/2022 2/2023 (limited term vacancy) Greg Bergner 2/2/2021 2/2023
Kira Smith 2/2/2021 2/2023
Dan Thrift 2/2/2021 2/2023 (resigned 9/2022)
Jerry Bindel 1/18/2022 2/2024
David Gregorich 1/18/2022 2/2024
Aricela Ramos 1/18/2022 2/2024 (resigned 9/22)
PLANNING COMMISSION (Alternating 2 Year Terms)
Meets monthly to assist in matters relating to the City’s general plan, serve as Delinquent Refuse Hearing Board & perform duties set forth in Article 7 of the Government code.

Name Date Appointed Term Expires
Douglas Williams 2/2/2021 2/2023
Kili Rahbek 2/2/2021 2/2023
Natalia Wieczorek 2/2/2021 2/2023
Keith Roberts 1/18/2022 2/2024
Gavin Feiger 1/18/2022 2/2024
118
Revised 12/13/2022
Arts, Culture and Tourism Commission (Alternating 2 Year Terms) Meets quarterly to advise City Council on policies and projects relating to Arts, Culture and Tourism.

Name Date Appointed Term Expires
Stacey Ballard 10/19/2021 2/2023
Eleanor Brennan 10/19/2021 2/2023
David Hamilton 10/19/2021 2/2023
Scott Forrest 1/18/2022 2/2024
Bryan Yerian 1/18/2022 2/2024
Tony Lyle 1/18/2022 2/2024 (non-voting representative)
Police Advisory Commission (Alternating 2 Year Terms)
Meets quarterly to advise, assist, and collaborate on police/community issues.

Name Date Appointed Term Expires
Ayana Morali 8/3/2021 2/2023
Erika Gonzalez 8/3/2021 2/2023
Tom Davis 8/3/2021 2/2023
Claudia Anderson 1/18/2022 2/2024
Justin Zunino 1/18/2022 2/2024

Council Commissions with citizen representation
EL DORADO COUNTY COMMUNITY ACTION COUNCIL - Council Commission with citizen representative Name Date Appointed Term Expires
Brian Conway 12/13/2022 Appointment considered annually EL DORADO COUNTY COMMISSION ON AGING - Council Commission with citizen representative Name Date Appointed Term Expires
Chantelle Schenning 12/13/2022 Appointment considered annually

TRPA ADVISORY PLANNING COMMISSION – Council Commission with citizen representative Name Date Appointed Term Expires (2 Year Term)
Susan Chandler 12/13/2022 12/2024
119

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPUCA TION
Please _legibly Print or Type
NAME: FIRST ~ MIDDLE INITIAL COMMITTEE AND/OR CATEGOR f APPL YI G FOR:
~ ~l~o....

RESIDENC
_CJ_~ RESIDENT [2fEL DORADO COUNTY RESIDENTODOUGLAS COUNTY RESIDENT0STATE OF NEVADA RESIDENT PHONE NUMBER~):' RESIDE BUSINESS: EMAIL ADDRESS:
________ ~-~----, EMPLOYER: ,5cJaleJ o.._nJ. ~f eeJ

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
Have you taken the opportunity lo attend any previous commm· meeting prior to the notice O this va ncy? Jc) b . YES NO Please fist any potential conmct of interests that you may fore e 1r appointed to QCommission that you've applied:
tf appointed to the Airport Land Use Commission, Planning Commission Building Board of Appeals, Parks & Recreation Commission, Arts~ Culture and Tourism Commission or Independent Citizens' Oversight Commitee, you will be required by the Stale of California Fair PoliticaJ Practices Commission to file a Conflict of Interest Statement with the City aerk. Will you be willing to comply with lhis requirement?
CERTIFICATE OF APPLICANT: YES~NO □ ·
ent or
Please note that the Information provided on this appllcallon, lnc.ludlng address, phone n ber and email address will become a matter of pubfic record.

WHEN COMPLETED RETURN FORM
TO: Office of &be City Clerk
Ann: Susan Blankenship - City Clerk
190 I Lisa Maloff Way, Ste 206
South akc Tahoe, A 6 150-6324
PH: 530 542- 005
sbhmken hip@city f: ·H.us
(
120

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST 'A J.A.b ~OMMITTEE AND/OR CATEGORY APPLYING FOR:
---- ,VfTTV (:_ .,--: (j,,1#&(, ~ 'c, ~
MAILING ADDRESS: P.O. BOX CITY STATE ZIP CODE

DOUGLAS COUNTY RESIDENT STATE OF NEVADA RESIDENT
EM
PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEME T AND/OR GROUP AFFILIATIONS: o-4= C...U. -r-c,-..,,,.,slk....-,, .,,~~,o

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
vi1' ,,___-=~·~_-.:......... ";( SLT ~--m-.c:-~~;;:,f ~ Have you taken the opportunity to attend any previous commi~;neeting prior to the notice of this vacancy? YES LYf NO n
Please list any potential conflict of interests that you may foresee if appointed to ~Commission that you've applied:

YES NO □
I certify that all statements made in this application are true and complete. I understand that any false statement or omission of material facts will subject me to disqualification or dismissal.

WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
190 I Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
[email protected]
121
122
Greetings,
I would like to submit my application for the next Arts, Culture and Tourism commission. I am currently completing a one year term on the committee.

I have been involved with the arts on the South Shore as both a professional and as a volunteer for over forty years. I have served on the boards of the Tahoe Art Project and Valhalla Tahoe. I was President of Valhalla Tahoe for two years and also served as the Festival Director for one season. I was involved in the creation of and was one of the first board members for the Tahoe Arts Alliance. Part of the reason we started the Arts Alliance was to provide the City with a resource for help in accommodating the arts in both city planning and community connections, since there was no arts commission at that time. I also remember the first Arts commission the city created over twenty years ago and some of the challenges it faced.

Professionally I was the Dean of Visual and Performing Arts at Folsom Lake College for three years and was responsible for all the arts programs at the college as well as spaces like theatres and galleries. I was the Director of Theatre at LTCC for 20 years and was the lead faculty in the design and construction of the Duke Theatre.

I feel that I am still well connected to the arts and culture community here on the south shore and could make significant contributions to the commission as it helps the city in better integrating the arts, culture and tourism into the fabric of the community for both visitors and residents.

I see this commission being critical in being able to connect the city to the various individuals and organizations that are the experts in arts, culture and tourism for input on creating a truly arts enriched community for both residents and visitors. Arts and culture need to be in consideration at the very beginning of the planning stages of various projects. That way they are organically integrated into the whole as opposed to being an afterthought. The commission can help accommodate those needs.

I believe the current commission had made good progress. We created a vision and mission for the commission, reworked the application process for public art installations and gathered information in a survey to help the commission in creating a master plan for Arts Culture and Tourism in the city. I would like to be re-appointed to the commission to continue the work we started this last year.

Thank you,
David Hamilton
123

WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
[email protected]

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST COMMITTEE AND/OR CATEGORY APPLYING FOR:

RESIDENCY: (Please select one)

CITY RESIDENT EL DORADO COUNTY RESIDENT DOUGLAS COUNTY RESIDENT STATE OF NEVADA RESIDENT EDUCATION/EXPERIENCE:

PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
c record.

Have you taken the opportunity to attend any previous commission meeting prior to the notice of this vacancy? YES NO
Please list any potential conflict of interests that you may foresee if appointed to the Commission that you’ve applied:
__________________________________________________________________________________________________ If appointed to the Airport Land Use Commission, Planning Commission Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Commitee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT:

I certify that all statements made in this application are true and complete. I understand that any false statement or YES NO
124
125
126

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST /-h MID~INITIAL /t?u .resT

CITY RESIDENT L DORADO COUNTY RESIDENTODOUGLAS COUNTY RESIDENT STATE OF NEVADA RESIDENT PHONE NUMBER(S): RESIDENCE: BUSINESS: EM,tyL ADDR(;SS: J .,__ EMPLOYER: /"' / I C I _/ J ·, c__ 11. '-Y /tllt5 e J -r~ 7 ,t, It vr, ~ PLEASE LIST ANY PAST OR PRESENT C MMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APP0INTED? A ' f f I /' ·-J /) '( - I) 'I/ .I I . 51'I 1 t11,,,, ~ ft__ (_ fllt 'l Ct /·"1 04t # i ~ /tJ. ~i l J Have you taken e opportunit to at' nd any previous commi~eeting prior to the no ice of this vacancy? YES l.:>-::] NO n
Please list any potential conflict of interests that you may foresee if appointed to ~Commission that you've applied:

If appointed to the Airport Land Use Commission, Planning Commission, Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Committee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YES [S:]No □
I certify that all statements made in this application are true and complete. I understand that any false statement or

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST COMMITTEE AND/OR CATEGORY APPL YING FOR:

David Gregorich Independent Citizens' Oversight Committee (Measure P) RESIDENCE: STREET ADDRESS CITY STATE ZIP CODE
MAILING ADDRESS: P.O. BOX CITY STATE ZIP CODE
same
RESIDENCY: (Please select one)
CITY RESIDENT v EL DORADO COUNTY RESIDENTODOUGLAS COUNTY RESIDENT STATE OF NEVADA RESIDENT PHONE NUMBER(S): RESIDENCE: BUSINESS: EMAIL ADDRESS:

EMPLOYER:

Retired
EDUCATION/EXPERIENCE:

B.A. Geography, UC Davis, 1977; Master of City Planning, UC Berkeley, 1982; 42 years with State of CA, including 33 with CA Tahoe Conservancy PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:

Currently serve on Measure P Comm & Parks & Rec Comm. Budgeting, fiscal admin, & project management experience with CTC.

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
Monitor collection, allocation, and expenditure of Measure P funds. Review and advise city council and staff regarding Measure P projects.

Have been a member of the committee through Phase I of the Rec Center project. Looking to remain involved through completion of Phase II.

Have you taken the opportunity to attend any previous commi~ meeting prior to the notice of this vacancy? YES~ NO n
Please list any potential conflict of interests that you may foresee if appointed to Wcommission that you've applied:
n/a
If appointed to the Airport Land Use Commission, Planning Commission Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Commitee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YES llf"I NO □
I certify that all statements made in this application are true and complete. I understand that any false statement or

WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
sb I ankenship@ci tyofsl t. us
130
November 16, 2022
Susan Blankenship, City Clerk
Office of the City Clerk
1901 Lisa Maloff Way, Suite 206
South Lake Tahoe, CA 96150-6324
Dear Ms. Blankenship:

Enclosed please find my application for reappointment to the Independent Citizens' Oversight Committee (Measure P Committee). Please acknowledge receipt at Sincerely,
~J~ David Gregorich
Enclosure
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MELISSA H.D. BALOUGH

LEGAL & COMPLIANCE EXPERIENCE

SCALE LLP
Counsel 06/21 – Present

BUCHANAN, INGERSOLL & ROONEY, SAN DIEGO, CA
Attorney, Litigation 10/20 – 06/21
ANCHOR LABS, INC., San Francisco, CA
Consultant 05/19-04/20
PEPPER HAMILTON LLP, Boston, MA
Associate, Intellectual Property Litigation Group 1/12 – 6/15 Attorney, Commercial Litigation Group 9/10 – 12/11
ROSE, CHINITZ & ROSE, Boston, MA
Attorney, Litigation 12/08 – 4/10
KIRKLAND & ELLIS LLP, Washington, DC
Associate, White Collar Defense and Commercial Litigation 10/03 – 2/06 WILMER, CUTLER & PICKERING, Washington, DC
Associate, Securities Group 9/01 – 8/02
• Litigation Practice. Experienced litigator who has represented and counseled individuals and corporations and managed their cases from the pre-litigation strategy stage through discovery, trial, and appeals in state and federal court. Assessed claims, developed litigation strategy, and evaluated risk; drafted memoranda, appellate briefs, dispositive motions, pre-trial motions, sentencing memoranda, and settlement agreements. Prepared witnesses for testimony, as well as direct and cross examination outlines; advocated for clients in court, depositions, mediation, and private negotiations. Conducted internal investigations related to potential Foreign Corrupt Practices Act issues and Department of Justice investigations. • IP Litigation Practice. Represented clients in infringement actions before the U.S.

International Trade Commission, federal district courts, and the U.S. Court of Appeals for the Federal Circuit. Cases involved emerging technologies and products in a variety of industries, including consumer electronics, smart phones, optical devices, and integrated circuits. Able to understand technology and to convey that understanding to a lay audience. • People Management & Firm Citizenship. Mentored, trained, and developed junior associates and paralegals, both formally and informally; served as office liaison to the Associates’ Committee; led office fundraising efforts for a local legal aid society. • Compliance Practice. Responsible for managing a cryptocurrency custodian’s SSAE-16 SOC 1 audit preparatory processes. Oversaw pre-assessment testing. Managed design and implementation of new controls over business and IT processes. Worked closely with company management, Engineering, and business side to understand the technology and existing processes thoroughly and quickly.
135

POLICY & POLITICAL STRATEGY EXPERIENCE
OFFICE OF GOVERNOR MITT ROMNEY IN-HOUSE COUNSEL, Boston, MA Associate Legal Counsel 2/06 – 1/07
ROMNEY FOR PRESIDENT, INC., Boston, MA
Energy and Environment Policy Director 2/07 – 2/08
• Policy & Legislation. Advised the Governor and the Office of the Governor on legal and policy issues. Drafted executive orders and legislation; guided Governor’s decision to sign, amend, or veto legislation by advising on potential legal issues. During campaign, responsible for managing all aspects of energy, environment, transportation, and agriculture policy; prepared research and policy briefings for the candidate in preparation for twelve presidential debates.
• Litigation. Supervised and advised outside counsel in representation of the Governor in various litigations. Researched legal issues that arose daily, formulated a response strategy, and problem-solved.
• Public Relations. Coordinated with communications and political departments to finalize messaging points and respond to press inquiries. Held briefings and informational sessions with external policy advisors, policy advocacy groups, and donors.

FEDERAL CLERKSHIP
THE HONORABLE DANNY J. BOGGS, JUDGE, U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT, Louisville, KY Law Clerk 8/02 – 9/03

EDUCATION
UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, VA, J.D. May 2001 Virginia Law Review, Editorial Board
CORNELL UNIVERSITY, Ithaca, NY, B.A., Government, with distinction in all subjects May 1996

BAR ADMISSIONS
California, 2018; Massachusetts, 2006; Virginia, 2001.
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December 19, 2022
RE: Parks and Recreation Commission, Request for Appointment Dear Mayor Creegan and Council Members:

I am submitting this letter with my City of South Lake Tahoe Volunteer Commission/Board Member Application to request an appointment to one of the open, two-year term Parks and Recreation Commission seats.

My desire to be appointed to the Parks and Recreation Commission stems from my interest in building community. I grew up in a community with several city-run parks and recreation centers and I think that parks and parks programs are a necessary component to foster quality of life and equity within the community. The City of South Lake Tahoe supports interesting and unique parks and recreation programs, and my personal interests and professional skills would be well applied as a member of this commission.

I appreciate your consideration.

Sincerely,
Nicole A. Ramirez Thomas
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142

EXPANDED ANSWERS TO PARKS & REC COMMISSION APPLICATION QUESTIONS Amelia S Richmond
EDUCATION/EXPERIENCE:

I currently work as a producer for a local production company on Ski Run Blvd, managing the budgets and logistics for commercial photo and video shoots. Our company is based locally, but we work internationally with production budgets typically ranging from $50,000-$750,000.

Prior to my work in production, I was a PR professional with 7 years experience in the travel and tourism industry, including 5 years overseeing the communications for the resorts now known as Palisades Tahoe.

I hold a BA from Davidson College.

PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:

I am currently a volunteer Court Appointed Special Advocate (CASA) for El Dorado County and a member of the South Lake Tahoe Democrats Club. Prior to moving to South Lake Tahoe in 2011, I was involved with organizations on the North Shore, including the Tahoe Nordic Search & Rescue Team and an occasional contributor to local newspapers.

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
I see the responsibilities of the Parks & Rec Commission to review and advise proposed policies relating to parks and recreation within the city, to advise the City Council concerning ongoing or proposed parks and recreation programs, and to review and recommend capital improvement projects in parks and recreation facilities within the city.

I also see it as the Commission’s responsibility to be familiar with the city’s Master Plan and ensure current and future parks and recreation programs and facilities are in alignment and working towards the overarching goals of the city’s Master Plan.

If appointed, I hope to help continue to expand equitable access our local parks and recreation programs and facilities, and to use both the programs and facilities to build and strengthen the community.

Additionally, I would like to consider our parks and rec programs and facilities through the lens of sustainable tourism management - looking at how to protect and fortify the most highly trafficked areas while improving and increasing access to underused areas, with the goal of expanding community access, protecting local resources and improving the visitor experience. 143
144
145

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: ~ RST
r- e,
MIDDLE INITIAL LAST COMMITTEE AND/OR CATEGORY APPLYING FOR: H. I)>'-~ RESIDENCY: (Please select one)

CITY RESIDENT EL DORADO COUNTY RESIDENT DOUGLAS COUNTY RESIDENT STATE OF NEVADA RESIDENT f-~ tf' t l>
EDUCATION/EXPERIENCE:

PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:

WHAT DO YOU SEE AS THE RESPONSIBIL
APPOINTED? ---- r
/' b n t.L
Have you take the opportunity to attend any previous commi~ meeti g prior to the notice of this vacancy? YES L6J NO n
Please list any potential confiict of interests that you may foresee if appointed to Fe commission that you've applied:

If appointed to the Airport Land Use Commission, Planning Commission, Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Committee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YES ,l6:_j IV7 NO □
I certify that all statements made in this application are true and complete. I understand that any f~ ment or I.JIY.!!J'{Jf /JJJ&fifril@
~l!Jl.!!i&
: ome a ~fer2f1Ju ~_pcord .

WHEN COMPLETED RETURN FORM
TO: Office oftbe City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
sbl ankenship@ci tyofsl t. us
~ 0Utf7 Lak
vmce Of the . e Tahoe
C1tyc1efk
146

WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
[email protected]

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST COMMITTEE AND/OR CATEGORY APPLYING FOR:

RESIDENCE: STREET ADDRESS CITY STATE ZIP CODE

CITY STATE ZIP CODE
RESIDENCY: (Please select one)

CITY RESIDENT EL DORADO COUNTY RESIDENT DOUGLAS COUNTY RESIDENT STATE OF NEVADA RESIDENT PHONE NUMBER(S): RESIDENCE: BUSINESS: EMAIL ADDRESS:

EMPLOYER:

EDUCATION/EXPERIENCE:

PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
Please note that the information provided on this application, including address, phone number and email address will become a matter of public record.

I certify that all statements made in this application are true and complete. I understand that any false statement or YES NO
147

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST COMMITTEE AND/OR CATEGORY APPLYING FOR:

Alberto F Manfredi Police Advisory Commission
RESIDENCE: STREET ADDRESS CITY STATE ZIP CODE
RESIDENCY: (Please select one)
CITY RESIDENT f71 EL DORADO COUNTY RESIDENTnDOUGLAS COUNTY RESIDENTnSTATE OF NEVADA RESIDENT I PHONE NUMBER(S): RESIDENCE: BUSINESS: EMAIL ADDRESS:

EMPLOYER:

Retired - Intelligence Officer
EDUCATION/EXPERIENCE:

Ph.D. Student, M.B.A., B.S. Criminal Justice I Please refer to my attached resume for my education and experience.

PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:
~
PAST: CA Court Appointed Child Advocate, Marine Corps League, Veteran of Foreign Wars, Summer 2022: Lake Tahoe Wildlife Center

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
To provide recommendations and assistance to the Police Department with policies, processors, training, and community relations.

Have you taken the opportunity to attend any previous commi□ meeting prio"1the notice of this vacancy? YES NO ✓
Please list any potential conflict of interests that you may foresee 1f appointed to e Commission that you've applied:

None
If appointed to the Airport Land Use Commission, Planning Commission Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Commitee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YES INO □ I certify that all statements made in this application are true and complete. I u7that any false statement or Please note that the lnfurmatioo provided on this applicatioo, including addf phone numi,; and email address wlU bec0me a matter of public record.

WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
[email protected]
DEC - 8 2021
City of South Lake Tahoe
Office of the City Clerk
148
Alberto
Fernando
Manfredi
Summary
As an executive life coach and consultant, I enjoy helping others create positive change in their lives by educating them to communicate effectively, resolve conflict, lead successfully, and manage stress. I have been teaching and delivering soft skills methods for over thirty years within the military, government, and as a coach. I have an M.B.A. and an ICF Evidence-Based Coaching Certification from Fielding Graduate University. I am obtaining my Ph.D. in Human Development and an M.A. in Organizational Development and Leadership.

Education
2023
Doctor of Philosophy in Human Development
Fielding Graduate University, Santa Barbara, CA.

My dissertation research is to develop a new theory in which positive reinforcement, building resiliency, and leadership development are created by coaching and mentoring veterans, military members, and first responders. I will conduct a two-stage qualitative and quantitative research method with Military Counterintelligence Operators, U.S. Marine Raiders, and U.S. Navy Seals. Stage one of the study will measure the levels of Post-Traumatic Stress Disorder (PTSD) participants have while categorizing their PTSD levels into different stages. Once the stages are established, I will conduct the second stage of the study by introducing a somatic coaching and mentoring approach with the participants, which involves positive reinforcement, soft skill development, and building resiliency. The research aims to prove that my theory will help mitigate the effects of PTSD one has to cope with while still being a productive member of society and help minimize the suicide rates among veterans, military members, and first responders. 2023
Master of Arts in Organizational Development &
Leadership/
Fielding Graduate University, Santa Barbara, CA.
2022
Master of Biasness Administration /
Columbia Southern University, Orange Beach, AL.
2021
Evidence-Based Coaching Certification /
Fielding Graduate University, Santa Barbara, CA.
149
2009
Bachelor of Science in Criminal Justice Admin /
Columbia Southern University, Orange Beach, AL.
• Major in Criminal Justice
2009
Associate of Applied Science in Criminal Justice Admin / Columbia Southern University, Orange Beach, AL.
• Major in Criminal Justice
----- ----------------
Skills
• Information Technology • Strategic Partnerships
• Strategic Planning • International collaboration and consulting • Executive and Life Coaching • Investor Relations
• Leadership and career development • Relationship Building • Mentoring and counseling • Problem Solving
• Motivational and public speaking
• Strategic Thinking
• Fluent in Spanish
• Subject Matter Expert on Interrogation,
Counterintelligence, and Special Operations
Capabilities
Experience
OCTOBER 2019 - PRESENT
Founder & CEO /
Fernando Manfredi, LLC.
• Executive and Life Coach Consulting.
• Community Relation
• Manage a team of executive coaches with locations in the United States and Europe. • Coach executives to enhance communication, interpersonal, time management, stress management skills, and work-life balance.
• Executive and career development coaching for both corporate and individual clients. • Motivational/public speaker and seminar/workshop facilitator. • Develop and implement client-specific training to improve productivity and balance.

MARCH 2014 - OCTOBER 2019
Business Owner /
Gunny's Call Ink, Virginia Beach, VA
• Silk Screen Printing Company.
• Develop critical approaches to strategic development and marketing start-up efforts. • Work closely with non-profit and military organizations on the distribution of the donated t-shirt. • Oversee all levels of finance, sales, production, and donations.

A. Fernando Manfredi 2
150
JUME 2008 -APRIL 2014
Intelligence Officer /
U.S. Army (Retired)
• U.S. Joint Forces Command, Joint Intelligence Operation Center {JIOC), 1st Lieutenant, 35D, AllSource Intelligence Officer. • Collect and fuse HUMINT, IMINT, SIGINT, GEOINT, and OSINT intelligence into products on various trends and activities.
• Produce pattern analysis on insurgent command structure, financial activities, threat activity levels, Improvised Explosive Devises {IEDs) usage, and demographic and political/hierarchical dynamics of the Area of Interest {AOI).
• Products are presented and delivered in several formats, PowerPoint presentations, a Mission Report (MISREP), Intelligence Summary {NTSUM) or Mission Summary (MISSUM), Pre-Mission Briefings, Threat Briefings, or also used for training purposes. • Subject Matter Expert {SME) in the areas of CI/HUMINT-lnterrogation, military training, military decision-making processes {MDMP), constructive battalion and brigade staff training methodologies, and valuable training observer controller/trainer techniques. • Manage, develop, and institute a curriculum on continuous educational training to officers and enlisted personnel for the Army Interrogation Course.
• Provided training, evaluation, and assistance to students and instructors. • Responsible for customer satisfaction {cost, schedule, performance).

AUGUST 2010 -AUGUST 2011
Intelligence Officer/ NA.TO/
Interrogation-CI/HUMINT SME
U.S. Defense Intelligence Agency (DIA)
• DIA International Division - HUMINT/lnterrogator, Washington, D.C. • U.S. Joint Forces Command {USJFCOM) Norfolk, VA.
• Supported multi-national HUMINT training by teaming with USEUCOM J2X to teach and mentoring to the CJ2X Courses held at the NATO School in Oberammergau, Germany. • Spearheaded an initiative to deliver the first CJ2X Course in CONUS for U.S. and Canadian J2X personnel at lnterrogation-CI/HUMINT Subject Matter Expert {SME). • Developed a certified CJ2X course at Norfolk, VA., in conjunction with the NATO School in Oberammergau, Germany, and Army G2.
• The course encompasses NATO CJ2X organization, operation, procedures, and staff function, combining HUMINT, Cl, and Security {S.Y.) expertise and CIONE. • Constructed a CJ2X Mobil Training Team to conduct the CJ2X training for deploying units. • Instructed NATO and national staff members on NATO CJ2X organization, operation, procedures, staff function, and combining HUMINT, Cl, and Security expertise for the CJ2X Course at the NATO School in Oberammergau, Germany.
• Prepared and instructed Cl and HUMINT-trained personnel to operate as members of a J2X. • Instruct individuals on J2X, planning, tasking, management, coordinating, synchronization, and de-confliction of all Cl and HUMINT operations in a joint operational environment. • Wrote and presented briefings and reports based on intelligence findings. • Triaged threat levels and reported to commanders.
• Collected information from various communications and analyzed it for meaningful information. • Developed and distributed intelligence products focused on field operations. • Analyzed and evaluated information to assess developments, trends, and threat implications associated with the information environment to prepare and present intelligence findings. • Contributed to the development of intelligence operations (1.0.) doctrine and policy. • Supported operational planning and execution of intelligence operations (1.0.) and military information support operations {MISO).
• Obtained detailed information about enemy strengths, troop movements, and group activities.

A. Fernando Manfredi 3
151
NOVEMBER 2009 -AUGUST 2010
Intelligence Instructor /
General Dynamics, Norfolk, VA
U.S. Defense Intelligence Agency (DIA)
• Worked closely with the USJFCOM director for intelligence (J2) to develop and integrate joint intelligence solutions to warfighting commanders through direct support in the planning and execution of joint exercises.
• Coordinated with national agencies in gathering intelligence data and products to satisfy exercise training objectives.
• Provided instruction on the management and production of J2X CI/HUMINT intelligence training products in coordination with other exercise branch elements, external agencies, trusted agent exercise participants, and planners.
• Coordinated with national-level intelligence agencies in the collection of intelligence data. • Conducted CI/HUMINT support cell for MRX to deploying units. • Worked with storyline owners to create MSEL injects into JMSEL for MRX's. • Replicated tactical SPOT reports, intelligence information reports (IIR), and tactical interrogation reports (TIR) for the training audience during the MRX exercise. • Used HOT-R and other reporting systems to create a steady-state white noise report for the training audience in support of the MSEL storylines.
• Worked closely with other agencies to create a realistic training environment before deploying to their Area of Operation (AOR).

AUGUST 2007-JUNE 2008
Consultant /
Self-Employed, Sierra Vista, AZ
• Developed a course curriculum on intelligence-gathering tactics. • Developed a standardized questioning guide that all U.S. military forces can use. • Developed interrogation and counterintelligence lesson plans.

AUGUST 2006 -JUNE 2007
Senior Lead Intelligence Instructor /
Harding Security Associate, Fort Huachuca, AZ
• HUMINT/lnterrogator Senior Instructor for the Army Interrogation Course. • Managed and trained a team of instructors.
• Conducted platform instruction to students and instructors. • Provided training, evaluation, and assistance to students and instructors. • Conducted labor performance reviews.
• Responsible for customer satisfaction (cost, schedule, performance). • Possessed authority for approving personnel matters, including hiring and terminations, customer invoices, and direct tasking of direct labor workforce
• Designed effective lesson plans focused on literature and writing learning goals for military-level classes.
• Create teaching tools and resources to use in the classroom.

A. Fernando Manfredi 4
152
SEPTEMBER 2001- OCTOBER 2006
Business Owner /
Semper Fi Inc., Folsom, CA
• Established and managed a company specializing in government procurement with all government agencies, including DOD (all levels), DSCC, DSCR, DSCP, and all Military branches. • Established and grew a new customer base with government agencies. • Developed and maintained relationships with business, military, and government representatives. • Established new reseller and vendor partnership agreements for government contracts. • Produced over $5 million of annual government sales.
• Established processes to analyze and streamline floor production.

NOVEMBER 2003 -JULY 2005
Reserve Police Officer /
Wheatland Police Department, Wheatland, CA
• Maintained regular patrols and responded to calls for service. • Directed traffic at the scene of fires or other hazards, investigated burglaries, etc. • Provided first aid to accident victims.
• Enforced traffic laws and provided community policing. • Identified, pursued, and arrested suspected criminals. • Resolved problems within the community.

JULY 2003-JULY 2004
Interrogator/Counterintelligence Team Chief/
U.S. Marine Corps Reserve, Camp Pendleton, CA (Retired) • Gunnery Sergeant- CI/HUMINT-INTERROGATOR Team Chief
• J2X trainer and CI/HUMINT- Interrogation- SME integrated with the Joint Forces Intelligence School (JFIS) supporting the USJFCOM joint force-training mission. • Determining course content and student learning objectives, preparing course syllabi, lesson plans, and student manuals.
• MAGTF CI/HUMINT Role Player/Instructor at Navy-Marine Corps Intelligence Training Center (NMITC) Dam Neck, VA; Ensured the students received the best and most realistic training to prepare them for deployments in support of the Global War on Terrorism. • Delivered interrogation-related instruction to CI/HUMINT students. • Instructed members of the 1st HUMINT Company, 1st Intelligence Battalion at Camp Pendleton on interrogation/debriefing/screening techniques, military/field skills, enemy prisoner of war handling and interrogation practical application; HUMINT report writing in support of Operation Iraqi Freedom and Global War on Terrorism.
• Maintained, mentored, and taught interrogator skills through participation in regular periods of instruction and practical application, including Interrogation/Debriefing/Screening techniques; military/field skills, enemy prisoner of war handling and interrogation practical application; HUMINT report writing.
• Instructed trainees in interrogation and debriefing.

A. Fernando Manfredi 5
153
JANUARY 2003 - JULY 2003
Interrogator/Counterintelligence Team Chief/
U.S. Marine Corps, Iraq
• Gunnery Sergeant- HET-12 CI/HUMINT- INTERROGATOR TEAM, Team Chief- Operation Iraqi Enduring Freedom and Operation Iraqi Freedom.
• Prepared and delivered instruction on CI/HUMINT support, anti-terrorism/force protection and briefs, threat assessment procedures, enemy prisoner of war training, and country/area studies. • Conducted counterintelligence, human intelligence operations, counter surveillance, threat vulnerability assessments, interrogations, and debriefs. • Successfully employed Arabic interpreters for interrogations. • Conducted interrogations of Iraqi enemy prisoners of war and debriefed Iraqi civilians. • Operated as part of the British Joint Field Interrogation Team and interrogated many high-level enemy prisoners of war.
• Acquiring knowledge of the location of American POWs. • Briefed President Bush upon his request through higher channels on the current situation of interrogation tactics used during the push to Baghdad of the OIF I operation.

SEPTEMBER 2002 -JANUARY 2003
Interrogator/Counterintelligence Sub-Team Chief/
U.S. Marine Corps Reserve, Camp Pendleton, CA (Retired) • Gunnery Sergeant- CI/HUMINT-INTERROGATOR Sub-Team Chief • Operation Iraqi Enduring Freedom and Operation Iraqi Freedom deployment preparation. • Prepared, trained, and briefed elements of the 1st Marine Division on area studies of Iraq and terrorist groups.
• Ensured all logistical equipment and materials were deployable in support of Operation Enduring Freedom.
• Conducted briefings and open discussions on Iraqi customs and courtesy, greetings, social interaction, cultural consideration, and hand gestures.

SEPTEMBER 1991- SEPTEMBER 2002
Interrogator - Translator Team Commander /
U.S. Marine Corps Reserve, Alameda, CA
• Gunnery Sergeant - 30th Interrogator - Translator Team Commander. • Collected information/intelHgence from human sources through interrogation, debriefing, and screening.
• Disseminated tactical HUMINT to MAGTF customers promptly via written reports and briefings. • Served as a Spanish language expert and maintained expertise with Spanish-speaking countries, including the people's customs and traditions.
• Instructed trainees in interrogation and debriefing.
• Provided Security Force Protection in support of USSOUTHCOM exercise "Cabanas 2000" in Argentina.
• Served as a personal security advisor and provided protection for General Peter Pace (Commanding General of USSOUTHCOM) during "Cabanas 2000". • Responsible for coordinating all Cl and HUMINT activities in Argentina that resulted in acquiring information about two possible terrorists in the area during "Cabanas 2000". • Served as liaison between Argentina's military and Counterintelligence office and the USSOUTHCOM Commanders and Counterintelligence Support team. • Served as Instructor and Interrogator Role player at Navy-Marine Corps Intelligence Training Center (NMITC) Dam Neck EPW Course.

A. Fernando Manfredi 6
154
SEPTEMBER 1983 - SEPTEMBER 2001
Director of Manufacturing /
Avanti Manufacturing, Santa Clara, CA
• Responsible for efficient operations at all levels of manufacturing. • Managed multi-functional production departments, including guiding subordinates to help them achieve goals and meet objectives.
• Managed all purchasing, inventory control, material planning/control, manufacturing, estimating, facilities maintenance, safety inspection issues, and training. • Established and implemented material, equipment, and workforce resource requirements, programs to increase awareness of safety and hazard mitigation techniques, educational training, and certification programs.
• Strategized long-term business needs and applied customer feedback for process improvements. • Oversaw effective use of all department resources to maximize efficiency and achieve production targets.
• Cut costs by 40% by streamlining processes and sourcing materials efficiently. • Managed all areas of manufacturing, safety, inventory control, and process implementation. • Negotiated deals for materials with suppliers to stay within budgeted costs.

SEPTEMBER 1988 - SEPTEMBER 1991
Force Recon /
U.S. Marine Corps Reserve, Reno, NV
• Staff Sergeant, Force Recon Company.
• Conducted surveillance and rescue operations while assisting in gathering intelligence information.
• Conducted amphibious and deep-ground surveillance.
• Trained in conducting 'limited scale raids,' including gas and oil platform raids, Military Interdiction Operations, the capture of specific personnel or sensitive materials, and Hostage/Prisoner of War rescue.
• Evaluated and improved marines' performance based on outlined targets. • Rigger I Para-loft Chief.

APRIL 1982- MAY 2088
Air Delivery Specialist /
U.S. Marine Corps Reserve, San Jose, CA
• PFC/Sergeant - Air Delivery Company.
• Served as parachute rigger supervisor.
• Trained riggers on advanced-level rigging techniques. • Led different training simulations to prepare teams for combat and emergencies.

A. Fernando Manfredi 7
155
Military and Government Education
• Peace Officer Standards and Training, California Police Officer Academy, Yuba City, CA • NATO CJ2X - Joint Coalition Intelligence & Cl, NATO School of Intelligence, Oberammergau, GER
• Military Intelligence Officer Course, U.S. Army Intelligence School, Ft Huachuca, AZ • Spanish Language, Defense Language Institute, Monterey CA • Survival Evasion Resistance and Escape (SERE), U.S. Navy/Maine Corps SERE School, Brunswick, ME
• Interrogation - Enemy Prisoner of War (EPW), Navy-Marine Corps Intelligence Training Center, Dam Neck, VA
• MAGTF Instructor, Interrogator/ Counterintelligence, Human Intelligence (CI/HUMINT) - Navy-Marine Corps Intelligence Training Center, Dam Neck, VA • Instructor Training Course, U.S. Army Intelligence School, Ft Huachuca, AZ • Airlift Planners Course, U.S. Air Force, San Jose, CA • Airdrop Load Inspector Course, U.S. Army Quartermaster School, Fort Lee, VA • Parachute Rigger Course, U.S. Army Quartermaster School, Fort Lee, VA • Airborne School, U.S. Army Jump School, Fort Benning, GA • Field Radio Operator Course, U.S. Marine Corps, Camp Pendleton, CA • Conflict Management and Negotiation Course (JKO)
• Homeland Security and Defense Course (JKO)
• Law of Armed Conflict Course (JKO)
• Combating Terrorism and Illegal Trafficking Course (JKO) • NATO Introduction to Hague and Geneva Law Course (AOL) • NATO Combined Joint Task Force (CJTF) training Modules Course (AOL) • NATO Defense against Terrorism Course (AOL)
Security Clearance (Retired)
• TOP SECRET - SCI - Poly/ NATO
A. Fernando Manfredi 8
156
157
158
159

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST COMMITTEE AND/OR CATEGORY APPL YING FOR:

DAVID M. JINKENS CITY PLANNING COMMISSION
RESIDENCE: STREET ADDRESS CITY STATE ZIP CODE

MAILING ADDR
RESIDENCY: (Please select one)
CITY RESIDENT 17JEL DORADO COUNTY RESIDENT DOUGLAS COUNTY RESIDENT STATE OF NEVADA RESIDENT I PHONE NUMBER(S): RESIDENCE: BUSINESS: EMAIL ADDRESS:

EMPLOYER:

Retired public sector employee
EDUCATION/EXPERIENCE:

MPA (UCLA), A.B. Political Science (UC, Berkeley), Executive Leadership Certificate, UVA PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:

Past President, Rotary Club of South Lake Tahoe, (current member), Past Board Member and current Member, South Tahoe Chamber of Commerce,.

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
The planning commission's main goal is to ensure that the General Plan and the policies contained in its elements are followed.

The City's General Plan is the "constitution" for all development under State Law.

Have you taken the opportunity to attend any previous commi~ meeting prior to the notice of this vacancy? YES t/ NO i;;i Please list any potential conflict of interests that you may foresee 1f appointed to e Commission that you've applied:

None
If appointed to the Airport Land Use Commission, Planning Commission Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Commitee, you will be required by the State of Ca\ifomia Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YES lv'I NO □ I certify that all statements made in this application ar~~nd complete. I understand that any false statement or me a matter of public record.

WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
sblankenship@cityofsl t. us
160
September 9, 2022
Honorable Mayor and Council Members
City of South Lake Tahoe
1901 Maloff Way
South Lake Tahoe, CA 96150
c/o: City Clerk, Ms. Blankenship
DEC 9 2022
City of South Lake Tahoe
Office of the City Clerk
RE: REQUEST FOR AN APPOINTMENT TO THE CITY PLANNING COMMISSION Honorable Members of the City Council:

I am writing to request your support for my appointment to the City Planning Commission. I understand that three seats on the Commission are up for appointment.

As a retired public sector chief executive, I have the time and will make the effort to serve as a member of the Planning and use my 35 years of city management experience to assist the Commission and staff in the discharge of their duties. I will work collaboratively with other commission members and always keep the interests of the community first in my mind.

The Planning Commission is a vitally important body that cities are required to have under State law to review and consider land use matters brought before it and to inform and advise the city council on matters relating to the implementation of goals and policies in the General Plan. The Planning Commission is the key advisor to the City Council on land use and development matters.

I want the best for our City and all people who live here. I believe with my education and background in public policy and land use matters, experience in land use planning, general plan amendments, housing issues and policies and development, I will be a resource of value to the city council and commission. As a 20-year resident of South Lake Tahoe with direct experience working with regional agencies in the Tahoe Basin, I know how the city and region work together and understand the need for cooperation.

As mentioned in the attached City Application, I earned an MPA from UCLA with an emphasis in regional planning, an A, B. from U.C. Berkeley in Political Science with an emphasis in Spanish and Latin American studies, and I have attended many training seminars over the years in planning and policy matters through the League of California Cities.

I would appreciate your consideration in this regard, and I thank you for the opportunity to apply. lltfull!, .

Attachment
C: Susan Blankenship, City Clerk
161

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST COMMITTEE AND/OR CATEGORY APPL YING FOR:

Alberto F Manfredi Planning Commission
RESIDENCE: STREET ADDRESS CITY STATE ZIP CODE
RESIDENCY: {Please select one)
CITY RESIDENT 171EL DORADO COUNTY RESIDENTnDOUGLAS COUNTY RESIDENTnSTATE OF NEVADA RESIDENT I PHONE NUMBER(S): RESIDENCE: BUSINESS: EMAIL ADDRESS:

EMPLOYER:

Retired - Intelligence Officer
EDUCATION/EXPERIENCE:

Ph.D. Student, M.B.A., B.S. Criminal Justice / Please refer to my attached resume for my education and experience.

PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:

PAST: CA Court Appointed Child Advocate, Marine Corps League, Veteran of Foreign Wars, Summer 2022: Lake Tahoe Wildlife Center

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
To provide reoommendations to the City and Counsel with Planning Commission on general plans, goals, policies, growth, development, Infrastructure, zoning, financial, and base recommendation and decisions on the merits of the issues and being fair and impartial. Is appointed I will work cohesively with city staff and the community.

Have you taken the opportunity to attend any previous commi□ meeting pri~the notice of this vacancy? YES NO ✓
Please list any potential conflict of interests that you may foresee 1f appointed to e Commission that you've applied:

None
If appointed to the Airport Land Use Commission, Planning Commission Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Commitee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YESI NOD 17 false statement or Please note that the infonnatlon provided on this application, induding addre/.'phone number and email address will become a matter of public record.

WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
[email protected]
'
ffi~@lfiil~~ffi)
r • • •. \ ... ~ ,../
DEC - 8 2011
City ot $outh Lake Tahoe
Office of the City Clerk
162
Alberto
Fernando
Manfredi
Summary
As an executive life coach and consultant, I enjoy helping others create positive change in their lives by educating them to communicate effectively, resolve conflict, lead successfully, and manage stress. I have been teaching and delivering soft skills methods for over thirty years within the military, government, and as a coach. I have an M.B.A. and an ICF Evidence-Based Coaching Certification from Fielding Graduate University. I am obtaining my Ph.D. in Human Development and an M.A. in Organizational Development and Leadership.

Education
2023
Doctor of Philosophy in Human Development
Fielding Graduate University, Santa Barbara, CA.

My dissertation research is to develop a new theory in which positive reinforcement, building resiliency, and leadership development are created by coaching and mentoring veterans, military members, and first responders. I will conduct a two-stage qualitative and quantitative research method with Military Counterintelligence Operators, U.S. Marine Raiders, and U.S. Navy Seals. Stage one of the study will measure the levels of Post-Traumatic Stress Disorder (PTSD) participants have while categorizing their PTSD levels into different stages. Once the stages are established, I will conduct the second stage of the study by introducing a somatic coaching and mentoring approach with the participants, which involves positive reinforcement, soft skill development, and building resiliency. The research aims to prove that my theory will help mitigate the effects of PTSD one has to cope with while still being a productive member of society and help minimize the suicide rates among veterans, military members, and first responders. 2023
Master of Arts in Organizational Development &
Leadership/
Fielding Graduate University, Santa Barbara, CA..
2022
Master of Biasness Administration /
Columbia Southem University, Orange Beach, AL.
2021
Evidence-Based Coaching Certification /
Fielding Graduate University, Santa Barbara, CA..
163
2009
Bachelor of Science in Criminal Justice Admin /
Columbia Southern University, Orange Beach, AL.
• Major in Criminal Justice
2009
Associate of Applied Science in Criminal Justice Admin / Columbia Southern University, Orange Beach, AL.
• Major in Criminal Justice
Skills
• Information Technology • Strategic Partnerships
• Strategic Planning • International collaboration and consulting • Executive and Life Coaching • Investor Relations
• Leadership and career development • Relationship Building • Mentoring and counseling • Problem Solving
• Motivational and public speaking
• Strategic Thinking
• Fluent in Spanish
• Subject Matter Expert on Interrogation,
Counterintelligence, and Special Operations
Capabilities
Experience
OCTOBER 2019 - PRESENT
Founder & CEO /
Fernando Manfredi, LLC.
• Executive and Life Coach Consulting.
• Community Relation
• Manage a team of executive coaches with locations in the United States and Europe. • Coach executives to enhance communication, interpersonal, time management, stress management skills, and work-life balance.
• Executive and career development coaching for both corporate and individual clients. • Motivational/public speaker and seminar/workshop facilitator. • Develop and implement client-specific training to improve productivity and balance.

A. Fernando Manfredi 2
164
JUME 2008 -APRIL 2014
Intelligence Officer /
U.S. Army (Retired)
• U.S. Joint Forces Command, Joint Intelligence Operation Center (JIOC), 1st Lieutenant, 350, AllSource Intelligence Officer. • Collect and fuse HUMINT, IMINT, SIGINT, GEOINT, and OSINT intelligence into products on various trends and activities.
• Produce pattern analysis on insurgent command structure, financial activities, threat activity levels, Improvised Explosive Devises (IEDs) usage, and demographic and political/hierarchical dynamics of the Area of Interest (AOI).
• Products are presented and delivered in several formats, PowerPoint presentations, a Mission Report (MISREP), Intelligence Summary (NTSUM) or Mission Summary (MISSUM), Pre-Mission Briefings, Threat Briefings, or also used for training purposes. • Subject Matter Expert (SME) in the areas of CI/HUMINT-lnterrogation, military training, military decision-making processes (MDMP), constructive battalion and brigade staff training methodologies, and valuable training observer controller/trainer techniques. • Manage, develop, and institute a curriculum on continuous educational training to officers and enlisted personnel for the Army Interrogation Course.
• Provided training, evaluation, and assistance to students and instructors. • Responsible for customer satisfaction ( cost, schedule, performance).

AUGUST 2010 -AUGUST 2011
Intelligence Officer/ NATO/
lnterrogation-CI/HUMINT SME
U.S. Defense Intelligence Agency (DIA)
• DIA International Division - HUMINT/lnterrogator, Washington, D.C. • U.S. Joint Forces Command (USJFCOM) Norfolk, VA.
• Supported multi-national HUMINT training by teaming with USEUCOM J2X to teach and mentoring to the CJ2X Courses held at the NATO School in Oberammergau, Germany. • Spearheaded an initiative to deliver the first CJ2X Course in CONUS for U.S. and Canadian J2X personnel at lnterrogation-CI/HUMINT Subject Matter Expert (SME). • Developed a certified CJ2X course at Norfolk, VA., in conjunction with the NATO School in Oberammergau, Germany, and Army G2.
• The course encompasses NATO CJ2X organization, operation, procedures, and staff function, combining HUMINT, Cl, and Security (S.Y.) expertise and CIONE. • Constructed a CJ2X Mobil Training Team to conduct the CJ2X training for deploying units. • Instructed NATO and national staff members on NATO CJ2X organization, operation, procedures, staff function, and combining HUMINT, Cl, and Security expertise for the CJ2X Course at the NATO School in Oberammergau, Germany.
• Prepared and instructed Cl and HUMINT-trained personnel to operate as members of a J2X. • Instruct individuals on J2X, planning, tasking, management, coordinating, synchronization, and de-confliction of all Cl and HUMINT operations in a joint operational environment. • Wrote and presented briefings and reports based on intelligence findings. • Triaged threat levels and reported to commanders.
• Collected information from various communications and analyzed it for meaningful information. • Developed and distributed intelligence products focused on field operations. • Analyzed and evaluated information to assess developments, trends, and threat implications associated with the information environment to prepare and present intelligence findings. • Contributed to the development of intelligence operations (1.0.) doctrine and policy. • Supported operational planning and execution of intelligence operations (1.0.) and military information support operations (MISO).
• Obtained detailed information about enemy strengths, troop movements, and group activities.

A. Fernando Manfredi 3
165
NOVEMBER 2009 -AUGUST 2010
Intelligence Instructor /
General Dynamics, Norfolk, VA
U.S. Defense Intelligence Agency (DIA)
• Worked closely with the USJFCOM director for intelligence (J2) to develop and integrate joint intelligence solutions to warfighting commanders through direct support in the planning and execution of joint exercises.
• Coordinated with national agencies in gathering intelligence data and products to satisfy exercise training objectives.
• Provided instruction on the management and production of J2X CI/HUMINT intelligence training products in coordination with other exercise branch elements, external agencies, trusted agent exercise participants, and planners.
• Coordinated with national-level intelligence agencies in the collection of intelligence data. • Conducted CI/HUMINT support cell for MRX to deploying units. • Worked with storyline owners to create MSEL injects into JMSEL for MRX's. • Replicated tactical SPOT reports, intelligence information reports (IIR), and tactical interrogation reports (TIR) for the training audience during the MRX exercise. • Used HOT-R and other reporting systems to create a steady-state white noise report for the training audience in support of the MSEL storylines.
• Worked closely with other agencies to create a realistic training environment before deploying to their Area of Operation (AOR).

A. Fernando Manfredi 4
166
SEPTEMBER 2001- OCTOBER 2006
Business Owner /
Semper Fi Inc., Folsom, CA
• Established and managed a company specializing in government procurement with atl government agencies, including DOD (all levels), DSCC, DSCR, DSCP, and all Military branches. • Established and grew a new customer base with government agencies. • Developed and maintained relationships with business, military, and government representatives. • Established new reseller and vendor partnership agreements for government contracts. • Produced over $5 million of annual government sales.
• Established processes to analyze and streamline floor production.

NOVEMBER 2003-JULY 2005
Reserve Police Officer /
Wheatland Police Department, Wheatland, CA
• Maintained.regular patrols and responded to calls for service. • Directed traffic at the scene of fires or other hazards, investigated burglaries, etc. • Provided first aid to accident victims.
• Enforced traffic laws and provided community policing. • Identified, pursued, and arrested suspected criminals. • Resolved problems within the community.

A. Fernando Manfredi 5
167
JANUARY 2003-JULY 2003
Interrogator/Counterintelligence Team Chief/
U.S. Marine Corps, Iraq
• Gunnery Sergeant- HET-12 CI/HUMINT- INTERROGATOR TEAM, Team Chief- Operation Iraqi Enduring Freedom and Operation Iraqi Freedom.
• Prepared and delivered instruction on CI/HUMINT support, anti-terrorism/force protection and briefs, threat assessment procedures, enemy prisoner of war training, and country/area studies. • Conducted counterintelligence, human intelligence operations, counter surveillance, threat vulnerability assessments, interrogations, and debriefs. • Successfully employed Arabic interpreters for interrogations. • Conducted interrogations of Iraqi enemy prisoners of war and debriefed Iraqi civilians. • Operated as part of the British Joint Field Interrogation Team and Interrogated many high-level enemy prisoners of war.
• Acquiring knowledge of the location of American POWs. • Briefed President Bush upon his request through higher channels on the current situation of interrogation tactics used during the push to Baghdad of the OIF I operation.

SEPTEMBER 2002-JANUARY 2003
Interrogator/Counterintelligence Sub-Team Chief/
U.S. Marine Corps Reserve, Camp Pendleton, CA (Retired) • Gunnery Sergeant- CI/HUMINT-INTERROGATOR Sub-Team Chief • Operation Iraqi Enduring Freedom and Operation Iraqi Freedom deployment preparation. • Prepared, trained, and briefed elements of the 1st Marine Division on area studies of Iraq and terrorist groups.
• Ensured all logistical equipment and materials were deployable in support of Operation Enduring Freedom.
• Conducted briefings and open discussions on Iraqi customs and courtesy, greetings, social interaction, cultural consideration, and hand gestures.

SEPTEMBER 1991- SEPTEMBER 2002
Interrogator - Translator Team Commander /
U.S. Marine Corps Reserve, Alameda, CA
• Gunnery Sergeant - 30th Interrogator - Translator Team Commander. • Collected information/intelligence from human sources through interrogation, debriefing, and screening.
• Disseminated tactical HUMINT to MAGTF customers promptly via written reports and briefings. • Served as a Spanish language expert and maintained expertise with Spanish-speaking countries, including the people's customs and traditions.
• Instructed trainees in interrogation and debriefing.
• Provided Security Force Protection in support of USSOUTHCOM exercise "Cabanas 2000" in Argentina.
• Served as a personal security advisor and provided protection for General Peter Pace (Commanding General of USSOUTHCOM) during "Cabanas 2000". • Responsible for coordinating all Cl and HUMINT activities in Argentina that resulted in acquiring information about two possible terrorists in the area during "Cabanas 2000". • Served as liaison between Argentina's military and Counterintelligence office and the USSOUTHCOM Commanders and Counterintelligence Support team. • Served as Instructor and Interrogator Role player at Navy-Marine Corps Intelligence Training Center (NMITC) Dam Neck EPW Course.

A. Fernando Manfredi 6
168
SEPTEMBER 1983 - SEPTEMBER 2001
Director of Manufacturing /
Avanti Manufacturing, Santa Clara, CA
• Responsible for efficient operations at all levels of manufacturing. • Managed multi-functional _production departments, including guiding subordinates to help them achieve goals and meet objectives.
• Managed all purchasing, inventory control, material planning/control, manufacturing, estimating, facilities maintenance, safety inspection issues, and training. • Established and implemented material, equipment, and workforce resource requirements, programs to increase awareness of safety and hazard mitigation techniques, educational training, and certification programs.
• Strategized long-term business needs and applied customer feedback for process improvements. • Oversaw effective use of all department resources to maximize efficiency and achieve production targets.
• Cut costs by 40% by streamlining processes and sourcing materials efficiently. • Managed all areas of manufacturing, safety, inventory control, and process implementation. • Negotiated deals for materials with suppliers to stay within budgeted costs.

APRIL 1982-MAY 2088
Air Delivery Specialist /
U.S. Marine Corps Reserve, San Jose, CA.
• PFC/Sergeant - Air Delivery Company.
• Served as parachute rigger supervisor.
• Trained riggers on advanced-level rigging techniques. • Led different training simulations to prepare teams for combat and emergencies.

A. Fernando Manfredi 7
169
Military and Government Education
• Peace Officer Standards and Training, California Police Officer Academy, Yuba City, CA • NATO CJ2X - Joint Coalition Intelligence & Cl, NATO School of Intelligence, Oberammergau, GER
• Military Intelligence Officer Course, U.S. Army Intelligence School, Ft Huachuca, AZ • Spanish Language, Defense Language Institute, Monterey CA • Survival Evasion Resistance and Escape (SERE), U.S. Navy/Maine Corps SERE School, Brunswick, ME
• Interrogation - Enemy Prisoner of War (EPW), Navy-Marine Corps Intelligence Training Center, Dam Neck, VA
• MAGTF Instructor, Interrogator/ Counterintelligence, Human Intelligence (CI/HUMINT) - Navy-Marine Corps Intelligence Training Center, Dam Neck, VA • Instructor Training Course, U.S. Army Intelligence School, Ft Huachuca, AZ • Airlift Planners Course, U.S. Air Force, San Jose, CA • Airdrop Load Inspector Course, U.S. Army Quartermaster School, Fort Lee, VA • Parachute Rigger Course, U.S. Army Quartermaster School, Fort Lee, VA • Airborne School, U.S. Army Jump School, Fort Benning, GA • Field Radio Operator Course, U.S. Marine Corps, Camp Pendleton, CA • Conflict Management and Negotiation Course (JKO)
• Homeland Security and Defense Course (JKO)
• Law of Armed Conflict Course (JKO)
• Combating Terrorism and Illegal Trafficking Course (JKO) • NATO Introduction to Hague and Geneva Law Course (AOL) • NATO Combined Joint Task Force (CJTF) training Modules Course (AOL) • NATO Defense against Terrorism Course (AOL)
Security Clearance (Retired)
• TOP SECRET - SCI - Poly/ NATO
A. Fernando Manfredi 8
170
From:

To: Sue Blankenship
Subject: Planning Commission Application
Date: Monday, December 5, 2022 1:28:54 PM
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.

Please see attached. I wasn’t able to drop this off after our last meeting. --
Kili Rahbeck
Broker/Owner
KOR Realty, INC.
*I apologize for any mistakes my phone makes
171

WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
[email protected]

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST COMMITTEE AND/OR CATEGORY APPLYING FOR:

RESIDENCE:

MAILING ADDR
RESIDENCY: (Please select one)

CITY RESIDENT EL DORADO COUNTY RESIDENT DOUGLAS COUNTY RESIDENT STATE OF NEVADA RESIDENT PHONE NUMBER(S): RESIDENCE: BUSINESS: EMAIL ADDRESS:

EMPLOYER:

EDUCATION/EXPERIENCE:

PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
________________________________________________________ Please note that the information provided on this application, including address, phone number and email address will become a matter of public record.

Have you taken the opportunity to attend any previous commission meeting prior to the notice of this vacancy? YES NO
Please list any potential conflict of interests that you may foresee if appointed to the Commission that you’ve applied:
__________________________________________________________________________________________________ If appointed to the Airport Land Use Commission, Planning Commission, Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Committee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT:

I certify that all statements made in this application are true and complete. I understand that any false statement or omission of material facts will subject me to disqualification or dismissal.

YES NO
Education: Bachelor of Arts in Biology from University of Virginia Experience: Served as the City's CivicSpark Fellow in 2020/2021; Land-Use Planning Consultant from 2021-Present; Extensive knowledge and understanding of the TRPA Code of Ordinances, City Code, and City's Strategic and Climate Action Plans.

I currently volunteer on the 100% Renewable Committee, a technical advisory committee to the City of South Lake Tahoe, as well as the Tahoe Climate Change Action Network, a community advocacy non-profit for climate action. I have volunteered for both groups since 2020.

In my view, the main role of the Planning Commission is to aid in making recommendations to City Council regarding development regulations and policies in the City's General Plan and to review and provide feedback to City staff on development projects requiring Planning Commission approval. In addition to these primary duties, I hope to help align future development within the City of South Lake Tahoe with the City's ambitious sustainability and climate action goals, including renewable energy generation, EV charging infrastructure, maximized energy efficiency measures, scenic quality, transportation best-practices, and equitable housing development projects. Most importantly though, I hope to provide helpful insight to break down barriers to environmentally-beneficial redevelopment projects based on my experience in the field. 172
Jackson Taylor Realo
South Lake Tahoe, CA 96150 |
December 21, 2022
Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150
Dear Ms. Blankenship:

I am writing to express my interest in one of the upcoming positions on the Planning Commission with the City of South Lake Tahoe.

I graduated in 2016 from the University of Virginia with a Bachelor of Arts degree in Biology. My path following the completion of my degree was unconventional. Unsure of pursuing a career in medicine, I moved to Ketchum, Idaho where I lived and worked for the next three years. Living in a small mountain community, I began to better grasp the challenges and pressures surrounding mountain towns. Upon moving to South Lake Tahoe in 2019, I was determined to become more involved in grassroots climate action efforts, which ultimately led me to join the North Tahoe Chapter of Citizen’s Climate Lobby, where I help advocate for federal policy to place a price on carbon in the form of a carbon fee and dividend.

In September 2020, I began my position as a CivicSpark Climate Fellow with the Sierra Nevada Alliance and the City of South Lake Tahoe. As a CivicSpark Fellow, I was responsible for building capacity for the City of South Lake Tahoe to accomplish climate mitigation and adaptation measures. This work initially entailed incorporating stakeholder feedback and finalizing the City’s Climate Action Plan (CAP) and bringing it to City Council where it received unanimous approval. The remainder of my service year was spent implementing policies and programs identified in the CAP. I also became a member of the City’s 100% Renewable Committee, which focuses on providing policy recommendations to the City to help accomplish our ambitious greenhouse gas emission reductions and renewable energy goals. Additionally, I volunteer with the Tahoe Climate Change Action Network (TCCAN), a grassroots advocacy group here in South Lake Tahoe, helping build political and social will to take action on climate. I am currently playing a pivotal role in developing TCCAN into a 501(c)(3) non-profit organization, with the ultimate objective of securing grant funding on the state and federal level for renewable energy generation and storage projects based in climate justice and equity.

Beginning in April 2021, I transitioned to working at Exline & Company, Inc., a regional land-use planning firm based out of South Lake Tahoe, where I guide property owners through the unique complexities of the regulatory environment in the Tahoe Basin. In my time here, I have become 173
intimately familiar with the TRPA Code of Ordinances and the regulatory frameworks for many local jurisdictions, including the City of South Lake Tahoe. I work to bring projects from inception to permitting approval, ranging from large, mixed-use redevelopment projects in Town Centers to single family residential projects around the Basin. My collective experiences as a land-use planner and previously as a CivicSpark Climate Fellow with the City have given me invaluable insight into the competing challenges and pressures the community and City of South Lake Tahoe face.

As demonstrated in my volunteer work, I am ardently committed to environmental preservation and addressing climate change. From this perspective, I understand the need for a nuanced regulatory environment to ensure smart growth and redevelopment projects. Through my position as a land-use planner, I also understand how the same regulatory environment thwarts environmentallyand economically-beneficial redevelopment efforts, while providing almost no incentives for sustainable development practices, such as renewable energy generation and storage facilities, multi-modal transportation connectivity, exceeding building code standards for energy efficiency measures, and the like. If appointed to the Planning Commission, it would be my primary objective to ensure that projects align with the City’s goals, including but not limited to affordable housing, sustainability, maintaining scenic quality, and transportation best-practices, while also meeting all regulatory requirements.

I believe I am an ideal candidate for one of the available Planning Commission positions, as I possess a practiced perspective of our community’s goals and objectives and the regulatory framework utilized in the City of South Lake Tahoe, enabling me to effectively guide future development projects that move the community closer to its ultimate vision.

Thank you sincerely for your time and consideration. If you have any questions, I would be happy to discuss my experience and qualifications with you further. I look forward to hearing from the City of South Lake Tahoe.

Best Regards,
Jackson Realo
174

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST COMMITTEE AND/OR CATEGORY APPLYING FOR:

Nicholas S Speal, Planning Commission
RESIDENCE: STREET ADDRESS CITY STATE ZIP CODE

STATE ZIP CODE
RESIDENCY: (Please select one)
CITY RESIDENT f71EL DORADO COUNTY RESIDENTnDOUGLAS COUNTY RESIDENTnSTATE OF NEVADA RESIDENT I PHONE NUMBER(S): RESIDENCE: BUSINESS: EMAIL ADDRESS:

EMPLOYER:

Zipline International
EDUCATION/EXPERIENCE:

B. Eng, Mechanical Engineering, McGill University; 8 years software engineering & project mangement PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:

Lake Tahoe Bicycle Coalition board, City of SL T Airport Land Use Commission, #IRunWithMaud South Lake Tahoe, SOS Outreach, City Council Candidate

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
Ensure project compliance with the best interests of SL T residents and the environment ;
Expand affordable housing and sustainable transportation Have you taken the opportunity to attend any previous commil{J meeting prior to the notice of this vacancy? YES ✓ NO ~ Please list any potential conflict of interests that you may foresee if appointed to e Commission that you've applied:

I.~hQuld steg down from the Airgort Land Use Commission If appointed to the Airport Land Use Commission, Planning Commission Building Board of Appeals , Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Commitee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YES[2]No □
I certify that all statements made in this application are true 9[1 d complete. I understand that any false statement or l become a matter of public record.

WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
190 1 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
sbl [email protected]
ri~~MWJ
DEC 2 2 2021
City of South Lake Tahoe
Office of the City Clerk
175
176

CITY OF SOUTH LAKE TAHOE

VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST COMMITTEE AND/OR CATEGORY APPLYING FOR:

Douglas H Williams Planning Commission
RESIDENCE: STREET ADDRESS CITY STATE ZIP CODE
RESIDENCY: (Please select one)
CITY RESIDENT 1/lEL DORADO COUNTY RESIDENTODOUGLAS COUNTY RESIDENTnSTATE OF NEVADA RESIDENT I PHONE NUMBER(S): RESIDENCE: BUSINESS: EMAIL ADDRESS:

EMPLOYER:

Self
EDUCATION/EXPERIENCE:
2 years college, RE Broker, Insurance Broker
PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:

I am on the following boards, Christmas Cheer, SL TLA, SL T TIO, SL T Planning Commmission

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF TH IS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
To approve projects that meet the city's general plan and make recommendations to city council on issues that may come up that fall under the planning commissions purview Have you taken the opportunity to attend any previous commi~ meeting prior to the notice of this vacancy? YES ✓ NO ~ Please list any potential conflict of interests that you may foresee if appointed to e Commission that you've applied:
none
If appointed to the Airport Land Use Commission , Planning Commission, Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Committee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YES INO □ I certify that all statements made in this application are true and complete. I understand that any false statement or Please note that the information provided on this application, including address, phone number and email address will become a matter of public record.

WHEN COMPLETED RETURN FORM
TO: Offi ce of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 961 50-6324
PH: (530) 542-6005
[email protected]
DEC 2 7 2011
City of South Lake Tahoe
Office of the City Clerk
177
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: January 10, 2023
Agenda Item #: 10
Agenda Item: Recreation and Aquatics Center Phase II Project Update Executive Summary: On November 15 2022, City Council formally rejected both bids for the project and directed staff to re-bid the project. Council directed staff to provide a re-bid update at a future City Council meeting. The response from contractors resulting from the bid advertisement in August 2022 was less than staff expected. In an effort to avoid the same bid results, staff has developed a strategy to hopefully increase bidding competition when the project is re-bid this summer.

Staff will be implementing the following objectives for the project re-bid:
• Explore value engineering opportunities
• Perform significant contractor outreach
• Pre-qualify prime contractors (bidders)
• Investigate and implement contract incentives
• Clean up construction documents and incorporate any changes • Extend bid duration to 60 days
Requested Action / Suggested Motions: Receive presentation regarding the Recreation and Aquatics Center Phase II Project.

Responsible Staff Member: Jim Marino, Capital Improvement Program and Facilities Program Manager Responsible Staff Member: Jim Marino - Capital Improvement Program 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 - Rec Center Update.docx
02 - Presentation
178
Council Agenda Report January 10, 2023 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: January 10, 2023
Title: Recreation and Aquatics Center Project Update
Location: 1150 Rufus Allen Boulevard, South Lake Tahoe, CA Responsible Staff Member: Jim Marino, Capital Improvement Program Manager (530) 542- 6027.

Background: The Department of Public Works released Phase 2 bid documents for the vertical construction and remaining site work of the Recreation and Aquatics Center to the public on August 22, 2022. On October 24, 2022 the Department of Public Works held a public bid opening. Two (2) bids were received for the project.

Upon establishing ACC Contractors Inc., of Azuza CA, as the lowest responsive bidder, Staff electronically released a Notice of Intent to Award to ACC Contractors Inc. on October 24th 2022.

On October 26, 2022, ACC Contractors Inc. notified the Department of Public Works via email that they are requesting withdrawal of their bid per Public Contract Code §5103 citing clerical error.

On November 15th 2022 City Council formally rejected both bids for the project and directed staff to re-bid the project. Staff were directed to provide a re-bid update at a future City Council meeting.

Issue and Discussion: The Recreation and Aquatics Center Project is a community driven LEED Gold designed project and is considered regionally significant. The Project is the construction of an aquatic’s facility, gymnasium, commercial kitchen, fitness areas, activity and program areas, event space and administration and mechanical space. The project is approximately 63,000 square feet in building area and represents the first of many projects within the 56 Acres Master Plan.

The outcome resulting from the bid advertisement in August was less than staff expected. Two bidders on an estimated $52M project is not ideal for receiving bids within the range of the Engineer’s Estimate.

Statistics show the number of bids received for a project has the following effect regarding 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%
Communication with bidders who dropped out of the bid early on indicated several concerns:
 Their workload was already booked for 2023.
 The Bid Addendums created additional bidding work within the short bidding timeline (45 days)  The project is a Design/Bid/Build delivery method
179
Council Agenda Report January 10, 2023 Page 2 of 4
In an effort to avoid the same bid results, staff has developed a strategy to hopefully increase bidding competition when the project is re-released to the public this summer.

Staff will be implementing the following objectives for the project re-bid:
 Explore Value Engineering Opportunities
 Perform significant Contractor Outreach
 Pre-Qualify Prime Contractors (Bidders)
 Investigate and Implement Contract Incentives
 Clean up Construction Documents and Incorporate Any Changes  Extend Bid Duration to 60 Days
Staff has begun contractor outreach and development of pre-qualification standards. Staff will begin the value engineering analysis in January 2023.

Preliminary schedule for re-bid of the project is as shown below in Table 1:

Task: From: To:

Contractor Outreach December 2022 February 2023
Value Engineering January 2023 March 2023
Contractor Pre-Qualification December 2022 April 2023
Bid Documents February 2023 April 2023
Advertise Bids May 2023 July 2023
Award Project August 2023
Notice to Proceed August 2023
Submittals/Materials August 2023 May 2024
Break Ground May 2024
Table 1 – Re-bid Schedule (Preliminary)
Financial Implications: Financial Implications due to the re-bid of the project are, at this point, unknown. Depending on the level of effort required by the city’s consultants resulting from the value engineering and estimating processes, there may be cost amendments to the consulting agreements.

Staff will return to Council with amendments as needed.

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.

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.
180
Council Agenda Report January 10, 2023 Page 3 of 4
General Plan Policy LU‐8.1: Mountain Architectural Theme. The City shall promote the use of a “mountain” architectural theme in all new and remodeled developments. Mountain architecture features the use of pitched roofs, natural colors, and natural material such as rock and wood.

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

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

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

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

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

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

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

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

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

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

General Plan Policy NCR‐6.7: LEED Certified Public Buildings. The City shall develop all new City buildings to meet LEED standards.
181
Council Agenda Report January 10, 2023 Page 4 of 4
Bijou/Al Tahoe Community Plan Chapter V(1) Objective 1: Increase the family oriented active and passive recreational opportunities to serve local residents as well as visitors.

Policy C: Provide a greater variety of sporting facilities in the "Government Center" District (CSLT Recreation Complex, Campground by the Lake, Lake Tahoe Community College, etc.), while maintaining those that are existing. Review the possibility of expanding the CSLT Parks and Recreation facilities located on Rufus Allen Boulevard. Additional outdoor uses (volleyball courts, horseshoe pits, picnic tables/eating areas, ice skate rink, etc.) would be an asset, when provided in conjunction with the existing uses at the complex.
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City of South Lake
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Update Presentation – January 2023
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ProjectStatus – January 2023
Phase 1 – Site Preparation and Project Utilities
• Construction 98% Complete
• Minor tasks required in Spring 2023 for restroom start up (Electrical and Natural Gas Utilities)
Phase 2 – Building Construction and Site Finish Work
• City Council Rejected all Bids at the November 15th, 2022, City Council Meeting
• All permits secured except for El Dorado County Health Department (Should be secured in the next month)
• Re-bid scheduled for early Summer 2023
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Re-Bid Objectives
• Explore Value Engineering Opportunities
• Perform Significant Contractor Outreach
• Pre-Qualify Prime Contractors (Bidders)
• Investigate and Implement Contract Incentives
• Perform Construction Document Clean-up
• Extended Bid Duration
• Award Summer of 2023 with Spring 2024 Groundbreaking City o
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Value Engineering Analysis
• Review project drawings and specifications for areas that the City may be able to value engineer structure, equipment, or finishes
• Do not compromise community driven design and programs • Value engineering should provide at least a 5 to 1 return on Investment
• Value engineering cannot compromise existing permits and/or place the project into considerable permitting re-review.

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Contractor Outreach
• Early verbal and in-person communication with large scale prime contractors
• Schedule meetings with Contractors to hear their concerns, ideas, and or general comments about the project
• Stress the regional significance of the project
• Incorporate, if possible, Contractor suggestions and/or recommendations into the bid documents
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Pre-Qualification of Contractors
• Codification of Pre-Qualification Standards
• Request for Proposals from Contractors – 30-day time period • Demonstrate at least three similar public works projects valued at $60M
• Complete pre-qualification application including all financial information
• Bonding Capacity certified by Contractor’s Surety
• City team selects all contractors who are deemed qualified through a standardized scoring process
• City then releases the Recreation Center project to bid • Only those contractors deemed qualified by the City through the RFP Process will be permitted to bid the project
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Contract Incentives
• Explore cost sharing incentives with the Contractor for inprogress value engineering • Explore city provided staging and materials storage
areas for Contractor’s use
• Explore schedule acceleration incentives
• Allowances for early purchase and storage of materials City
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Construction Drawings
• Clean-up existing construction documents
• Verify all proposed changes to project are incorporated • Incorporate all addendums from first bid of the project • Verify “front end” specifications are satisfactory to City’s Legal department
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Re-Bid Process
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Advertise
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Evaluate
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Questions ?
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Recreation Center Project
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: January 10, 2023
Agenda Item #: 11
Agenda Item: South Tahoe Refuse - Presentation on New 3-Cart Program and Requested Changes to Franchise Agreement
Executive Summary: South Tahoe Refuse will present on a new state-mandated 3-cart system and estimated costs. They seek a support letter from the City in order to secure financing for capital upgrades necessary to deploy the program starting in 2024. The likely financing period is much longer than the current Franchise Agreement, set to expire in 2028. Therefore, a Franchise Agreement renegotiation is proposed.

Requested Action / Suggested Motions: Pass a Motion authorizing the Mayor to sign a Letter of Support and directing the City Manager to bring back an item to consider a new Franchise Agreement with South Tahoe Refuse with a 20-year term.

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 - South Tahoe Refuse.docx
02 - Term Sheet.pdf
03 - Draft Support Letter.pdf
04- C-02-2012 STR Franchise Agreement
05 - Presentation-carts-January 2023.pptx
193
Council Agenda Report- January 10, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 10, 2023
Title: South Tahoe Refuse New 3-Cart Program and Franchise Agreement Location: Citywide
Responsible Staff Member: Sara Letton (530) 542-6175
Background: Landfilling food waste, yard waste, paper, and cardboard results in a significant contribution of greenhouse gases to the atmosphere. In response to the climate crisis, the state legislature passed Senate Bill 1383 creating the Short-Lived Climate Pollutant Reduction Strategy which mandates a 75% reduction in organic waste to California landfills by 2025 (from 2014 baseline levels).

SB1383 requires separation of the waste streams at the source, via a color-coded 3-cart system.

South Lake Tahoe received a “high elevation waiver” from CalRecycle for curbside residential food waste recovery, but must still provide curbside pickup of green waste, solid waste, and recyclables.

South Tahoe Refuse sees this as an opportunity to increase the quality of their service and operations. Firstly, this is an opportunity to increase employee safety, while also reducing costs.

Secondly, it eliminates the need for the blue bags currently used in the recycling stream, which are a waste problem and harmful to equipment. Thirdly, it will significantly reduce the yard waste bags while encouraging steadier rate of yard clean up. Finally, the intention that this new program will increase organics diversion rates from the solid waste stream and achieve the goal of SB 1383.

Issue and Discussion: Instituting a 3-cart program necessitates the purchase of new trucks, carts, and storage space. It demands new processes and staff. Community education will be key to a successful implementation. Concerns about bear and other wildlife activity remain paramount.

STR is committed to continuing to service currently installed bear boxes. Going forward, bearproof carts would be available as necessary.

The new program will have significant costs, which rate payers must ultimately pay and STR is seeking a way to minimize that burden to ratepayers. The proposed approach seeks to amortize costs over a period that is longer than the current Franchise Agreement end date, and therefore a new term and renegotiation are also proposed.

In order to implement a new 3-cart system by early to mid-2024, STR must have new trucks and carts and these must be ordered a year ahead of deployment. Bank financing must be secured.

STR requests a letter of support from the City to the bank as a show of partnership and intention 194
Council Agenda Report- January 10, 2023 Page 2 of 2
to engage in good faith negotiations for a Franchise Agreement and rates that result in compliance with the state mandated 3-cart system.

Financial Implications: Significant costs accompany the roll-out of a new program. Carts are estimated at $5.15 million. New trucks are estimated at $3.69 million. The cost of carts, trucks, and storage space is estimated to necessitate a 14.02% rate increase in January 2024.

A base-year rate increase is assessed every three years. January 2024 is set as the next base year rate increase, which is estimated at 8.95%.

STR has tried to find ways to reduce that 14.02% by increasing the normal cost recovery period from five years to ten and amortizing the outstanding mortgage on their facility over a longer period. Instituting these approaches would reduce the 14.02% to 7.48%. With this approach, and in summary, the current estimated rate increase in January 2024 is 7.48% + 8.95%, which is

16.43%.

The current Franchise Agreement is set to conclude in 2028, and that is not long enough to recover costs with this proposed approach to minimizing ratepayer costs. Therefore, STR is suggesting a renegotiation of the Franchise Agreement for a new twenty-year term, allowing them to secure the long-term bank loans needed to purchase the new carts, trucks/equipment, and storage space.

Environmental Considerations: The suggested action is not a project subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines subsections 15378(b)(2) (general policy and procedure making) and (b)(4) (creation 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 impact on the environment).

Policy Implications:

Climate policies:

Implementation of SB1383 is a significant step toward achieving statewide greenhouse gas reduction goals (40% below 1990 levels by 2030), and City goals (59.2% below 2018 levels by 2030, via Resolution 2022-088). The City’s 2015 baseline GHG inventory saw solid waste as 7% of total emissions. In 2018, solid waste emissions spiked 75% higher than 2015, while even the Adjusted Business As Usual (ABAU) approach as shown in the Climate Action Plan (Figure 3-3) had solid waste emissions steady at 2015 levels. The 2021 greenhouse gas inventory is not yet complete. Total solid waste showed a significant spike during the height of the Covid crisis (via STR verbal communication). For these reasons, it is likely that the City is off its solid waste GHG ABAU target, and the new program suggested by STR could have a significant positive impact in reaching City emissions goals.

City Code:

No policy or code changes are proposed. For clarity purposes, all property owners must subscribe to service, and there is no opt-out. 4.150 of City Code addresses Refuse and Garbage. According to 4.150.270, every property owner “shall subscribe to and use, and shall dispose of all refuse through, the regular refuse collection and disposal service of the city or its authorized removal franchisee. (Ord. 409 § 1; Ord. 431 § 1; Ord. 536 § 7; Ord. 921 § 1. Code 1997 § 23-17)” 195
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1901 Lisa Maloff Way, Ste. 203 │ South Lake Tahoe, CA 96150 │ (530) 542-6043 │www.cityofslt.us Office of the City Council
January 10, 2023
Mr. Joe Ferro
Bank of America
5370 Kietzke Lane
2nd Floor, Suite D
Reno, NV 89511
Ladies and Gentlemen,
This letter is provided on behalf of South Tahoe Refuse Co. (STR) in connection with their proposed 3-cart collection project for the South Lake Tahoe service area. STR has proposed amendments to its franchise agreements with each member of the South Lake Tahoe Basin Solid Waste Management Authority (JPA) designed to help the jurisdictions comply with SB 1383 requirements and to improve performance through automation, thereby increasing recycling efforts and reducing workplace injuries. The proposed project will require substantial financing for the acquisition of collection vehicles, carts, containers and other related equipment. A copy of the proposal is attached to this letter.

City of South Lake Tahoe staff have worked with the management team of STR in the development of their proposal. They are now seeking the initiation of formal negotiations with each of the JPA member jurisdictions for the franchise amendments necessary to implement the proposed project. The City of South Lake Tahoe anticipates entering into a new franchise agreement with STR as opposed to amending the existing franchise agreement. STR is also seeking an indication of the Bank’s intention to finance the project.

The City of South Lake Tahoe considers the implementation of the proposed project to be an effective means of meeting the legal and service requirements for the City’s overall solid waste and recycling program, considering cost, technology and expected waste diversion. On behalf of STR, the City of South Lake Tahoe would appreciate the Bank providing an indication of support for the financing of the proposed project.

Very truly yours,
____________________________
Cristi Creegan, Mayor
City of South Lake Tahoe
199
Attachment C

CITY OF SOUTH LAKE TAHOE
RESOLUTION NO. 2012- 6
RESOLUTION AMENDING SECTION 22 OF THE SOLID
WA=S~ ESER-VI€-=ES~.A-=GREEMEN! f--BE-!f-W-EE- N'.l'-HE-=---'--~ -,-,---

CITY OF SOUTH LAKE TAHOE AND
SOUTH TAHOE REFUSE CO., INC. (August 21, 2007)
WHEREAS, the City of South Lake Tahoe adopted the Solid Waste Services Agreement on August 21, 2007.

WHEREAS, the City Council declared its intention to maintain reasonable rates for the collection and transportation of solid waste within the area covered by the franchise~ and---
n------------ -------------- ----
WHEREAS, the Solid Waste Rate Setting Polices and Procedures Manual will assist in providing consistent rate setting procedures that are fair for the rate payers and the franchise hauler.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe does hereby amend the Solid Waste Services Agreement dated August 21, 2007 as follows:

1. Revise Section 22, subsection B to state, " Time for Rate Settings, Rate Setting Procedures, and COLA Increases. The City Council shall review and approve the rates to be charge by Contractor. Commencing January 3, 2012 Contractor and the City will follow procedures of the Solid Waste Rate Setting Polies and Procedures Manual ( February 23, 2011) for proposed changes in solid waste collection rates."

2. Delete Section 22, subsections C through G.

PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a meeting on January 3, 2012 by the following vote:

Susan Alessi, City Clerk
Councilmembers FORTIER, DAVIS, GREGO & SWANSON
Councilmembers
Councilmembers
Councilmembers COlli
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ABSTAIN:

ABSENT:
200
12463- 0001 \ 97 5911 v7. doc
Attachment D
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SOLID WASTE SERVICES AGREEMENT
between

THE CITY OF SOUTH LAKE TAHOE
and
SOUTH TAHOE REFUSE CO., INC.

August 21, 2007
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TABLE OF CONTENTS
l
ECTION 1 - DEFINITIONS.......................... ................................ ..... .................. ............ .......... 2 SECTION 2 - PRIOR AGREEMENTS ..... ........... ......... ...................................................... .......... 6 SECTION 3 - GRANT AND ACCEPTANCE OF EXCLUSIVE RESIDENTIAL AND COMMERCIAL FRANCHISE .. .................... ......................................... ............... 6 SECTION 4 - FRANCHISE FEE AND SURCHARGES............................................................. 8 SECTION 5 - COMPLIANCE WITH LAWS AND REGULATIONS ........................................ 8 SECTION 6 - SOLID WASTE AND RECYCLABLE COLLECTION SERVICES PROVIDED BY CONTRACTOR.................. ........... ........... ......................... .......................... .... 9 SECTION 7 - MATERIALS RECOVERY SERVICES TO BE PROVIDED BY CONTRACTOR.. ..................................... ................ ..... ....... ...... ........................ 10 SECTION 8 - PERMANENT HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY ........... .................. .......................... .... ..... ....... ...... ............................... 11 SECTION 9 - FACILITIES FOR PROCESSING AND DISPOSAL OF SOLID WASTE ....... 12 SECTION 10 - SECURITY FOR PERFORMANCE AND
INSURANCE................................
12 SECTION 11 - TERM......... ............"....; ...... ..... ............. ........... ................ ........... ......... ............... 15 SECTION 12 - FRANCHISE TRANSFERABLE; CITY' S CONSENT REQUIRED .............. 15 SECTION 13 - FRANCHISE TRANSFER; FEES ..................................................................... 17 SECTION 14 - RESOURCE RECOVERY
FACILITy.............................................................. 17 SECTION 15 - DEFAULT AND TERMINATION .................................................................... 18 SECTION 16 - RIGHTS OF CITY TO PERFORM DURING
EMERGENCy.........................
19 SECTION 17 - PRIVACY ........................................................................................................... 19 SECTION 18 - RECORDS AND ACCOUNTING ..................................................................... 20 SECTION 19 - REPORTS AND ADVERSE INFORMATION ................................................. 22 SECTION 20 - REVIEW OF PERFORMANCE AND QUALITY OF
SERVICE....................
23 SECTION 21 - SYSTEM AND SERVICES REVIEW.............................................................. 23 SECTION 22 - COMPENSATION ............. ...... .................... ................................................. ..... 23 12463- 0001\97591Iv7. doc
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SECTION 23 - COLLECTION EQUIPMENT ...........................................................................31 SECTION 24 - PUBLIC ACCESS TO
CONTRACTOR............................................................ 32 SECTION 25 - CUSTOMER COMPLAINTS ............................................................................ 33 SECTION 26 - SERVICE EXCEPTIONS; HAZARDOUS W ASTE NOTIFICATIONS ........ 33 SECTION 27 - INDEMNIFICATION .............................. .......................................................... 34 SECTION 28 - GENERAL PROVISIONS ................................................................................. 36 EXHIBIT A SOUTH TAlIOE REFUSE CO., INC. DEFINITION OF
FRANCHISE AREA . .............. ............................ ..... .......................... ...... .......... A- I EXlimIT B LEVEL OF SERVICE ............... ................................ ......................................... B- 1 EXH:mIT C SCHEDULE OF RATES .........................................,.......................................... C- 1 EXHIBIT D RESOURCE RECOVERY FACILITY PROJECT DESCRIPTION ................. D- l EXHIBIT E COLA FORMULA ............................ ......... ........... ....... ................ ................ ....... E- l

EXHIBIT F CONTRACTOR' S OPERATIONS PLAN FOR THE MATERIALS RECOVERY FACILITY .............. ............. ....... ....... ......... ......... ............... ........... F- I EXHIBIT G RESTRICTIVE COVENANTS AGREEMENT ................................................ G- I DRAFT 08/ 01/2006
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SOLID WASTE SERVICES AGREEMENT
This Solid Waste Services Agreement (" Agreement") is entered into effective on the Commencement Date as defined in Section 1. F", between the City of South Lake Tahoe, California (" City"), and South Tahoe Refuse Co., Inc., a California corporation (" Contractor"), for the collection, transportation, processing and disposal of Solid Waste and Recyclable Materials.

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (" AB 939"), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and
WHEREAS, pursuant to California Public Resources Code Section 40059( a)( 2), the City Council has determined that the public health, safety, and well- being require that an exclusive franchise be awarded to a qualified Solid Waste enterprise for the collection and recovery of Solid Waste from certain residential, industrial, and commercial areas in the City; and WHEREAS, City and Contractor intend to comply with the provisions of laws governing the safe collection, transport, recycling, and disposal of solid waste, including AB 939, the Resource Conservation and Recovery Act (" RCRA"), and the Comprehensive Environmental Response, Compensation and Liability Act (" CERCLA"); and WHEREAS, City has not and, by this Agreement does not, instruct Contractor on its collection methods, nor supervise the collection of Solid Waste; and WHEREAS, Contractor has represented and warranted to City that it has the experience and qualifications to arrange with residents, and with commercial, industrial, institutional and other entities in the Franchise Area, for the collection and safe transport to disposal facilities of municipal Solid Wastes, and for the Recycling of Recyclable Materials; and WHEREAS, thc City Council finds and determines that the public interest, health, safety, and welfare will best be served if Contractor assumes responsibility for all arrangements with residential, commercial, industrial, and other customers to perform the services specified in this Agreement; and
WHEREAS, Contractor and City are currently parties to two separate contracts relating to the collection of solid waste and recyclable materials and to the processing of solid waste and recyclable materials, and the parties now desire to supersede and replace those contracts with this Agreement, upon the terms set forth herein; and
WHEREAS, Contractor desires to finance and construct a Resource Recovery Facility in Contractor' s existing corporation yard, which will enhance Contractor' s ability to divert organic materials from landfill disposal and is expected to substantially increase the City' s overall diversion of Solid Waste from landfilling within the South Tahoe basin; and WHEREAS, Contractor requires an extended and revised franchise agreement to finance construction of the new Resource Recovery Facility, and City is willing to grant Contractor such 12463- 0001\ 97591Iv7, doc I
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an extension in view of Contractor' s prior satisfactory service in the South Tahoe Basin and to thereby enable City to achieve its State mandated recycling goals; and WHEREAS, the City Council declares its intention to maintain reasonable rates for the collection and transportation of Solid Waste within the area covered by this franchise; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

SECTION 1 - DEFINITIONS
Whenever any tenn used in this Agreement is defined in Chapter 23 (" Refuse and Garbage") of the South Lake Tahoe City Code, or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the City Code or the Public Resources Code shalll apply unless the term is otherwise defined in this Agreement.

A. AB 939. " AB 939" means the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

B. Affiliate. " Affiliate" means the Contractor' s officers, directors, shareholders, employees and any corporation, partnership, joint venture or other entity directly or indirectly controlling the Contractor, or directly or indirectly owned or controlled by the Contractor or its principals.

C. Bulky Waste. " Bulky Waste" means large items of solid waste, such as appliances, furniture, large auto parts, branches, and other oversize wastes.

D. CIWMB. " CIWMB" means the California Integrated Waste Management Board.

E. Commercial Solid Waste. " Commercial Solid Waste" means all types of solid wastes generated by commercial, industrial, governmental and other non- residential sources within the Franchise Area. The term " Commercial Solid Waste" does not include hazardous wastes, medical wastes, or special wastes.

F. Commencement Date. " Commencement Date" means the date when this Agreement is approved by the City Council, or such later date as may be specified by the City Council in the resolution authorizing this Agreement.

G. Compostable Materials. " Compostable Materials" means plant material ( leaves, grass clippings, branches, brush, flowers, roots, pine needles and pine cones, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens; and biodegradable waste otherwise approved for the yard waste program by Contractor and City. It may also include pre- or post consumer food waste, if Contractor begins a food waste collection program within the City .

ITo the extent that definitions contained in the City Code conflict with definitions in the Public Resources Code, the former shall control and govern the rights and obligations of the parties; provided, however, that should the Public Resource Code' s definitions be made obligatory on the City, then the Public Resource Code' s definitions shall apply. 12463- 0001\ 975911\' 7, doc 2
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H. Construction and Demolition Debris. " Construction and Demolition Debris" means solid wastes consisting of building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings, and other structures. Construction refers to U. S. Standard Industrial Classification Manual (1987) Codes 152 through 1794, 1796, and 1799. Demolition refers to U.S. Standard Industrial Classification Manual (1987) Code 1795. ( Reference: Title 14, California Code of Regulations, section 18720( a)(14).) The term " Construction and Demolition Debris" also includes Recyclables generated by construction and demolition activities.

I. City. " City" means the City of South Lake Tahoe, California.

J. Contractor. " Contractor" means South Tahoe Refuse Co., Inc. and its current ownership. Contractor also means any City- approved assignee, transferee, or successor in interest of Contractor.

K. Electronic Waste. " E- waste" or "electronic waste" means discarded electronic equipment, such as stereos, radios, speakers, televisions, computers, monitors, VCRs, printers, copiers, facsimile machines, DVDs, microwaves, telephones and similar items ( including cathode ray tubes and other universal waste that may require special handling).

L. Franchise Area. " Franchise Area" means the corporate limits of the City of South Lake Tahoe, at they currently exist or may hereafter be increased or decreased by annexation or de- annexation.

M. Franchise Fee. " Franchise Fee" means the fee to be paid to City by Contractor solely because of its status as party to this Agreement, and which, inter a1i~ is intended to compensate the City for its expenses in administering this Agreement and to fund other waste management activities.

N. Gross Revenues. " Gross Revenues" means any and all revenue or compensation in any fonn derived directly or indirectly by Contractor, its affiliates, subsidiaries, parents, or any other entity in which Contractor has a financial interest, for collecting, transporting, arranging, handling, or disposing of Solid Wastes that are subject to this Agreement and that are generated in the Franchise Area, but excluding revenue from the sale of Recyclable Materials. o. Intentionally Left Blank]
P.
following:

Hazardous Waste or Materials. " Hazardous Waste or Materials" means all of the a) Wastes, materials, or substances defined or characterized as hazardous waste by the Federal Solid Waste Disposal Act, as amended, including the Resource Conservation and Recovery Act of 1976 ( 42 U .S. C. section 690 I, et ~.) as amended from time to time, and regulations promulgated thereunder.
b) Waste, materials or substances defined or characterized from time to time as hazardous waste by agencies of the State of California ( including, without limitation, the Department of Health Services, the Department of Toxic Substances Control, the California Water Resources Control Board, and the California Integrated Waste Management Board) having jurisdiction over hazardous waste generated by facilities within the State. 12463- 0001\ 97591Iv7. doc 3
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c) Wastes, materials, or substances, the storage, treatment, transportation or disposal of which is subject to regulation under the Toxic Substances Control Act, 15 U.S. C. ~ 260l- 2654, as amended trom time to time, orregu1ations promulgated thereunder.
d) Radioactive wastes, materials, substances, or items, the storage, treatment, transportation or disposal of which is subject to governmental regulations.

The tenn " Hazardous Waste" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste.

Q. Industrial Solid Waste. " Industrial Solid Waste" means all Solid Waste and semisolid waste which results from industrial processes and manufacturing operations, except for Hazardous Wastes or Special Wastes.

R. Materials Recovery Facilitv. " Materials Recovery Facility" or " MRF" means the facility owned and operated by Contractor and located at Contractor' s Transfer Station at 2140 Ruth Avenue, South Lake Tahoe, California At the Materials Recovery Facility various types of Recyclable Materials are separated from Solid Waste and from other Recyclable Materials for the purpose of recovering and Recycling those materials.

S. Materials Recovery Services. " Materials Recovery Services" means the Processing of Solid Waste and Recyclable Materials at permitted materials recovery facilities, and the subsequent recovery, reuse, recycling, or other diversion of those materials from landfilling in such a manner that the City receives diversion credit from the CIWMB.

T. Medical Waste. " Medical Waste" or " Infectious Waste" means waste that may cause disease or reasonably be suspected of harboring pathogenic organisms, including sourceseparated medical or infectious Waste resulting from medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, hospitals, and similar facilities processing wastes, which may include human or animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves. ( Reference: Health and Safety Code section 118215).

U. Multi- Family Unit'\. " Multi-Family Units" means a dwelling that includes three or more individual living units and that receives communal refuse or recycling services, or both.

V. [ Intentionally Left Blank]
W. Permanent Household Hazardous Waste Collection Facilitv. "Permanent Household Hazardous Waste Collection Facility" or " PHHWF" means the permanent household hazardous waste collection facility constructed by Contractor and previously operated by Contractor or its subcontractor at the Materials Recovery Facility.

X. Prior Agreements. " Prior Agreements" means: ( a) the Agreement between South Tahoe Refuse, Inc. and the City dated January 24, 1995; and ( b) the Materials Recovery Facility Construction and Operation Agreement between the South Lake Tahoe Basin Waste Management Authority and South Tahoe Refuse, Inc. dated February 13, I 995; and all subsequent amendments to those agreements.
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Y. Processing. '. Processing" or to " Process" means the separation, sorting, handling, or baling of Solid Waste or Recyclable Materials by automated or manual means at a Materials Recovery Facility for the purpose of Recycling a portion of these materials. Material that is received at a Materials Recovery Facility and is directly loaded into a transfer van or other vehicle for delivery to a landfill for disposal without Recyclable Materials being sorted, separated, handled, or baled has not been .'Processed" within the meaning ofthis definition.

Z. Recovered Materials. " Recovered Materials" means all Recyclable Materials that are removed for Recycling by Contractor from the total tonnage of all Solid Waste collected by Contractor in the Franchise Area, whether these materials are source-separated or commingled upon collection, and Recyclable Materials recovered from Solid Waste generated within the Franchise Area as a result of Contractor' s Materials Recovery Services. Recovered Materials also include Recyclable Materials received by Contractor at any buy- back center, or by means of any other Recycling program operated by Contractor. All such Recyclable Materials must be Recycled by Contractor to be considered '. Recovered Materials." AA. Recvclables or Recyclable Material. " Recyclables" or "Recyclable Material" means materials that are reused, recovered, or Processed ( or are in the future reused or processed) into a fonn suitable for reuse through reprocessing or remanufacture, or which qualify as diversion from landfilling consistent with the requirements of the California Integrated Waste Management Act and regulations thereunder. The terms " Recyclables" or " Recyclable Material" also include materials that are tmnsformed to produce fuel, Compostable Materials, Recyclable Construction and Demolition Debris, alternative daily cover, and materials processed for land application or as feed for livestock, provided all such uses and applications, or similar uses and applications, qualify as diversion consistent with the requirements of the California Integrated Waste Management Act and regulations thereunder. The terms " Recyc1ables" or "Recyclable Material" include but are not limited to paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HOPE, and other plastics, beverage containers, Compostable Materials, brick and stone, and such other materials designated as recyclables by the City, by the California Integrated Waste Management Board, or by any other agency with jurisdiction.

BB. Recyclimz. .' Recycling," .' Recycle," and " Recycled" means the recovery, reuse, transformation, recycling, or other diversion of Recyclable Materials from landfilling in such a manner that the City receives diversion credit for such materials and activities from the CIWMB.

Cc. Residential Solid Waste. " Residential Solid Waste" means all types of Solid Waste that originate from Single-Family Units.

DO. Resource Recovery Facility. " Resource Recovery Facility" means Phase I ofthe Resource Recovery Project to be constructed by Contractor. Phase I is more fully described in Exhibit D.

BE. Single- FamilY Unit. "Single- Family Unit" means a dwelling that receives individual refuse collection service, and includes duplexes.

FF. Solid Waste. .' Solid Waste" means all putrescible and non- putrescible solid, semi- solid, and liquid wastes, including residential, industrial, commercial, and municipal garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, compostable materials, 12463- 0001\ 97591Iv7. doc 5
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Construction and Demolition Debris, discarded home and industrial appliances, manure, vegetable or animal solid and semi- solid wastes, and other discarded solid and semi- solid wastes, but excluding Hazardous Wastes, Special Wastes, and Medical Wastes.

GG. Special Wastes. " Special Wastes" means any hazardous waste listed in section 66740 of Title 22 of the California Code of Regulations, or any waste that has been classified as a special waste pursuant to section 66744 of Title 22 of the California Code of Regulations, or which has been granted a variance for the purpose of storage, transportation, treatment, or disposal by the Department of Health Services pursuant to section 66310 of Title 22 of the California Code of Regulations. Special wastes also include any solid waste that, because of its source of generation, physical, chemical, or biological characteristics or unique disposal practices, is specifically conditioned in a solid waste facilities pennit for handling or disposal, or both. ( Reference: Title 14, California Code of Regulations, section 18720( a)( 73).) lIH. Transform. " Transform" means incineration, pyrolysis, distillation, gasification, or biological conversion. Transformation does not include composting.

II. Wastestream. " Wastestream" means all Solid Waste and Recyclable Materials collected by Contractor pursuant to this Agreement or delivered by any person to the Materials Recovery Facility.

SECTION 2 - PRIOR AGREEMENTS
The Prior Agreements shall remain in effect, and Contractor shall continue to collect, transfer, Process, Recycle, and dispose of Solid Waste in the Franchise Area pursuant to these Prior Agreements until the Commencement Date. Notwithstanding any other provision of this Agreement or of the Prior Agreements, upon the Commencement Date the Prior Agreements shall expire and be of no further force or effect, except that: (a) any provisions of the Prior Agreements that provide for either party to defend or indemnify the other party for acts, omissions, or occurrences prior to the Commencement Date, or which provide for insurance or record- keeping obligations, shall survive termination; ( b) any provisions that expressly state they shall survive expiration of the term or termination of the Prior Agreements shall survive; and c) any amounts owed by Contractor to City or to the Waste Management Authority pursuant to the Prior Agreements shall remain due and payable in accordance with the terms of the Prior Agreements. Notwithstanding the foregoing, the Prior Agreements shall not be terminated by this section if this Agreement is tenninated as a result of litigation challenging the approval of this Agreement.

SECTION 3 - GRANT AND ACCEPTANCE OF

EXCLUSIVE RESIDENTIAL AND COMMERCIAL FRANCHISE
A. Grant of Franchise., City grants to Contractor, for the term of and in accordance with this Agreement ( including all extensions or renewals), the exclusive privilege and contractual duty to make and enter into independent arrangements with residents of Single Family Units, residents or owners of Multi-Family Units, and persons in charge of commercial, industrial, institutional, and other entities in the Franchise Area for the collection, transportation, and removal to Solid Waste Processing or disposal facilities, of all Residential, Industrial and Commercial Solid Waste ( including Recyclables and Recyclable Material), which has been 12463- 0001\ 97591Iv7. doc 6
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generated within the Franchise Area and placed for collection. This grant of franchise is subject to all limitations imposed by applicable laws and regulations and to all limitations set forth in this Agreement. Notwithstanding the foregoing, Contractor shall not have an exclusive franchise to collect Construction and Demolition Debris. Contractor' s collection of Construction and Demolition Debris on a non- exclusive basis is not subject to the terms of this Agreement.

B. Acceptance of Franchise. Contractor agrees to be bound by and to comply with all requirements of this Agreement. Contractor waives any right or claim to serve any part of the Franchise Area under any prior grant of franchise, contract, license, or permit issued or granted by any governmental entity.

C. ExceDtions to Exclusivity. The exclusive franchise granted by this Agreement shall not apply where:

I) A person, including employees ( excluding a person who hires a third party for a fee) handles, hauls, or transports Solid Waste or Recyclables generated by or from that person' s own residence or business operation for purposes of disposing of same at an authorized Processing or disposal facility or transfer station; notwithstanding anything herein to the contrary, this provision shall not in any way modify any mandatory solid waste ordinance or requirements; or
2) A person or entity contracts for landscaping, gardening, or similar work and the contractor so engaged ( excluding a third party hired for a fee) removes and recycles or otherwise disposes of garden and other compostable materials resulting therefrom, provided that such removal and recycling or disposal is incidental to the landscaping or gardening work performed by the contractor, and the contractor is not performing services as a hauler or Recycler; or
3) A person or entity has been given an exemption by the City from any mandatory collection ordinance that City may adopt in the future; or 4) A person (excluding a person who hires a third party for a fee) handles, hauls, transports, Recycles, or disposes of Construction and Demolition Debris, including Recyclables generated by construction and demolition activities, to an authorized and permitted materials recovery facility or resource recovery facility.

D. Sale or Donation of Recvclables. This Agreement is not intended to and does not affect or limit the right of any person to sell any Recyclable Material to any person lawfully engaged in business in the Franchise Area, or to donate Recyclable Material to any bona fide charity, provided that all such Recyclable Material is substantially separated from nonRecyclable Solid Waste by the generator. Recyclables shall not be considered to have been sold or donated where the generator of those materials incurs a net expense in connection with the removal ofthose materials from the generator' s premises.

E. Franchise Area. The Franchise Area covered by this Agreement is defined in paragraph ( L) of Section 1 and in Exhibit A.

F. Rights Reserved as to Hazardous Wastes. Medical Wastes, and Soecial Wastes.

City reserves the right to contract with other parties to have Hazardous, Medical, and Special Wastes collected, transported, disposed of, Processed, or diverted. 12463- 0001\ 975911 v7.doc 7
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G. Enforcement of Exclusivity of Franchise. In its sole discretion, City may enforce the exclusivity provisions ofthis franchise against third party violators, taking into account the cost of doing so and other factors. Contractor may independently enforce the exclusivity provisions of this Agreement against third party violators, including but not limited to seeking injunctive relief, and City shall use good faith efforts to cooperate in Contractor' s enforcement actions. City shall not be liable to Contractor in any manner, including liability for any costs or damages, such as lost revenues or lost profits, should any person or entity refuse to use Contractor' s Solid Waste collection services or perform collection services in competition with Contractor, and in doing so violates Contractor' s exclusive grant of franchise. Tn such event, Contractor' s sole and exclusive remedy shall be to seek an injunction, damages, or other judicial relief against any such person or entity that engages in any conduct or activity that violates Contractor' s exclusive franchise rights under this Agreement.

SECTION 4 . FRANCHISE FEE AND SURCHARGES
A. Contractor shall pay to City a Franchise Fee, which shall be a percentage of the Gross Revenues derived by Contractor from operations pursuant to this Agreement. The Franchise Fee is initially set at five percent ( 5%) of Contractor' s Gross Revenues, and from time to time may be adjusted by resolution ofthe City Council.

B. The Franchise Fee shall be due and payable quarterly within 45 days following the end of each quarter for Gross Revenues received during that quarter. If payment is not received within that 45- day period, interest shall accrue thereon at the rate of fifteen percent 15%) per annum, or at the maximum interest rate permitted under California law, whichever is greater.

C. City shall give Contractor a minimum of 90 days' notice of any changes in the Franchise Fee. Any increase in the Franchise Fee shall result in a corresponding adjustment to Contractor' s rates and may, at Contractor' s discretion, be passed through to Contractor' s customers.

D. Contractor shall collect from its customers and pay to the City any surcharge established by the City to fund City solid waste management activities, AB 939 implementation programs, and landfill remediation costs. This surcharge shall be treated for rate setting purposes as a Pass- lbrough Cost in the same manner as the Franchise Fee. Any change in a surcharge may, at Contractor' s discretion, be reflected in a corresponding adjustment to Contractor' s rates.

SECTION S . COMPLIANCE WITH LAWS AND REGULATIONS
Contractor warrants that it will comply with all applicable federal and state laws that are legally binding on Contractor and in effect during the term of this Agreement, including implementing regulations as they may from time to time be amended. These laws specifically include, but are not limited to, the Comprehensive Environmental Response, Compensation and Liability Act (" CERCLA"), 42 D. S. C. 9601, et seq., the California Integrated Waste Management Act of 1989 (" AB 939"), and all other applicable laws of the State of California. 12463- 0001\ 975911 v7.doc 8
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Additionally, Contractor shall comply with all local laws and regulations applicable to Contractor to the extent they are not inconsistent with the terms of this Agreement. Contractor shall comply with all final and binding judgments entered against Contractor regarding its services performed under this Agreement.

SECTION 6 - SOLTD WASTE AND RECYCLABLE COLLECTION SERVICES

PROVIDED BY CONTRACTOR
A. Citv to Approve All Services. The nature and scope of the services Contractor offers and provides to customers residing or doing business in the Franchise Area shall be subject to the prior approval of the City Council or its designee. The City Council may require Contractor to change the level of such services from time to time on reasonable notice to Contractor, provided that the City Council shall review and approve any proposed adjustments in Contractor' s rates to reflect Contractor' s documented increased and reasonable costs caused by any change in service levels. Nothing in this Agreement, however, shall be construed or interpreted as authorizing City to reduce or adversely affect Contractor' s exclusive franchise rights as specified above in Section 3.

B. Initial Service Levels; Expanded Services. The services that Contractor shall provide to its customers under this Agreement upon the Commencement Date are set forth in the attached Exhibit B.

C. Once- A-Week Service. In order to protect the public health and safety, arrangements made by Contractor with its customers in the Franchise Area for the collection of Solid Waste not defined in this Agreement as Recyclable Material shall provide for the collection of such waste generated or accumulated in residential, commercial, and industrial premises within the Franchise Area at least once per week, or more frequently, as Contractor and its customers may agree.
1) Sine:le-Family Units. Except as otherwise set forth in Exhibit B, the Contractor shall collect from Single- Family Units Solid Waste ( except Bulky Wastes and Special Wastes) that have been properly placed, kept, or accumulated in authorized Solid Waste containers, at curbside or other authorized collection stations, prior to Contractor' s normal weekly collection time. Any excess refuse that does not fit within the closed lid of an authorized Solid Waste container shall be deemed excess material and may be subject to the excess charges as described and limited by Exhibit B.
2) Multi- Family Units. Contractor shall empty all multi- family Solid Waste containers not less than once per week, and more frequently if required to handle the MultiFamily Unit wastestream of the premises where the containers are located, in a manner consistent with public health and safety.

D. Hours of Collection. Contractor agrees that, in order to protect the peace and quiet of residents, its arrangements for the collection of Solid Waste will provide that collections for residential and commercial areas shall not start before 4: 00 A.M., or continue after 7: 00 P. M., seven days per week. Contractor agrees to reasonably adjust the hours of commencement of collection operations in selected areas at the request of City where early collection activities generate numerous complaints from nearby residents.
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E. Collection on Holidays. Contractor has informed City that Contractor' s arrangements with its Solid Waste customers will provide that, if the day of collection on any given route falls on a legal holiday, i.e., New Year' s Day, Christmas Day, July 4, Labor Day, Memorial Day, or Thanksgiving Day (" Authorized Collection Holidays"), Contractor may provide collection service on the work day next following such holiday, or may be moved back one day, at the discretion of Contractor.

F. Medical, Hazardous, and Special Wastes. Contractor shall have the non-exclusive right under this franchise, but is not obligated to, collect, transport, and dispose of material defined in Section 1 as Hazardous Waste or Special Waste. Contractor shall negotiate separate contracts and rates for Hazardous and Special Waste collection with each individual customer, which rates shall not require advance City approval, but may be reviewed by the City in its discretion at the request of any customer. Contractor shall not engage in the collection of Medical Waste; however, Contractor' s principals may form a separate and independent company to engage in the collection and disposal of Medical Waste. City reserves the right to franchise other parties to perform Hazardous, Medical, and Special Waste handling services.

G. City Approval of Contractor' s Recycling Programs. Before initiating new Recycling programs or activities (" programs") within the Franchise Area, Contractor shall seek and obtain City' s express approval before implementing such programs. In seeking City' s approval for such new programs, Contractor shall provide City with a detailed description of the proposed program, as well as a projection of costs and revenues associated with the program, and the anticipated level of diversion to be achieved. In determining whether to approve any such new proposed program, City may, in its sole discretion, choose to completely or partially subsidize the program.

H. Bulky Waste Pick- Up. Contractor shall provide Bulky Waste pick-up, as described in Exhibit B, for all customers within the Franchise Area on an " on-call" basis by appointment agreed upon between the customer and Contractor. Bulky items need not be placed in special containers for collection. Contractor shall pick up all bulky items left for collection at curbside by the customer for an additional per item charge, subject to size and weight limitations.

Contractor shall have no duty or responsibility to collect any Hazardous Waste except as otherwise required in this Agreement.

I. Pick- up of Illegally Disposed Waste. Contractor shall, at the written request of City, pick up, dispose of, or Recycle, as appropriate, illegally disposed waste within the Franchise Area. Contractor may schedule these pick ups concurrent with Contractor' s bulky waste pick ups, but no less often than once per week when requested by City. This section is not intended to replace the Clean Tahoe Program. Ifthe City desires to replace its current litter abatement crews with Contractor-provided labor, then City and Contractor shall negotiate mutually agreeable pricing terms for those services and shall adjust the rates set forth in this Agreement accordingly.

SECTION 7 - MATERIALS RECOVERY SERVICES TO BE PROVIDED

BY CONTRACTOR
A. General Responsibilities and Compensation. Contractor shall provide all Processing, Recycling and Materials Recovery Services described in this Agreement.

Contractor' s compensation for these services for Solid Waste and Recyclable Materials brought 12463- 0001\97591Iv7. doc 10
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to the Materials Recovery Facility in Contractor' s collection vehicles shall be included in Contractor' s collection rates approved by the City. Contractor' s compensation for these services for Solid Waste and Recyclable Materials brought to the Materials Recovery Facility by members of the public or other private third parties in their own vehicles shall be as set forth in the " Gate Rates" for the Materials Recovery Facility or Resource Recovery Facility. The initial Gate Rates for such public or private third party loads are set forth in Section II of Exhibit C.

These Gate Rates are subject to annual adjustment in accordance with Section 22 of this Agreement.

B. Materials Recovery Facility. Contractor shall, at its sole cost and expense, provide all management, supervision, personnel, materials, equipment, utilities, services and supplies necessary to operate, maintain and repair the Materials Recovery Facility in a manner consistent with good engineering, operational, and maintenance practices and with industry standards. Contractor shall receive, transfer, or Process Solid Waste brought to the Materials Recovery Facility by Contractor, the public and others, and shall divert from landfilling and recycle Recyclable Materials contained in that Solid Waste to the extent practicable and in accordance with its reasonable business judgment. The services and functions to be performed at the Materials Recovery Facility are more fully described in the Operations Plan set forth in the attached Exhibit F. Contractor' s failure to comply with the plan for the facility set forth in Exhibit F shall constitute a material breach of this Agreement. Contractor shall receive Solid Waste from the public at the Transfer StationIMaterials Recovery Facility during the following days and hours: Monday through Saturday, 8 A.M. to 5 P. M., except for Christmas Day and New Year' s Day, which shall be deemed " Authorized MRF Holidays." In addition, subject to the City' s prior approval, Contractor may implement early closure ofthe South Tahoe Refuse Transfer StationIMRF ( i.e., by I : 00 P.M.) on the following days: Christmas Eve, New Year' s Eve, Easter Sunday, July 4, and Thanksgiving Day.

Contractor shall install, maintain, and operate video monitoring cameras at the MRF, the number and locations of which shall be approved by City, and shall provide to City real-time on line access to the video monitoring output.

SECTION 8 - PERMANENT HOUSEHOLD HAZARDOUS WASTE

COLLECTION FACILITY
A. The parties acknowledge and agree that Contractor, by separate agreement with El Dorado County, California (" County") is a subcontractor to the County and is responsible for the operations and closure and any required post- closure monitoring or maintenance of the Pennanent Household Hazardous Waste Collection Facility on the County' s behalf.

B. Contractor shall provide written notice to City of any modifications to its agreement with the County for the operation of the Pennanent Household Hazardous Waste Collection Facility in order that City many evaluate the impact, if any, of those modifications on the collection, transportation, processing, and disposal services that are provided for in this Agreement.
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SECTION 9 - FACILITIES FOR PROCESSING AND DISPOSAL OF SOLID WASTE A. Contractor To Select Fully- Permitted Disposal Facilitv. Contractor is responsible for choosing the facility for disposal of Solid Waste under this Agreement; provided, however, that any landfill used by the Contractor must be designed and constructed in accordance with applicable state and federal regulations. The landfill must have all required permits from federal, state, regional, county and city agencies necessary for it to operate as a Class II or III Sanitary Landfill and be in full regulatory compliance with those permits. The Contractor shall provide to City copies of all notices of violations that could affect Contractor' s ability to perform under this Agreement, as well as any amendments to permits. including any extensions. No co-disposal of municipal solid waste and hazardous waste ( other than household hazardous waste) shall occur in the same lined cell at the landfill.

Any landfill used by Contractor must be authorized to accept, under its existing permits, and have sufficient uncommitted capacity to accept, all Solid Waste delivered to it from the Franchise Area for the term of this Agreement. Contractor shall immediately notify City of any notice of breach or default received from the landfill. Contractor shall ensure that the landfill is in full compliance with all applicable closure and post-closure planning requirements, and that the landfill has posted with the applicable governmental agencies all required financial assurances for closure and post- closure.

B. Contractor To Provide Fully Permitted Materials Recoverv and Transfer Facilities. Any materials recovery or transfer facilities used by Contractor must be designed and constructed in accordance with all applicable laws and regulations. The facilities must have all required permits from federal, state, regional, county and city agencies necessary for them to operate and be in full compliance with all such permits. Contractor shall provide to City copies of all notices of violations respecting any facility used by Contractor that could affect Contractor' s ability to perform under this Agreement, as well as amendments to permits, including any extensions. Any such facility must be authorized to accept, under its existing permits, and have sufficient uncommitted capacity to accept, all Solid Waste delivered to it from the Franchise Area for the term of this Agreement.

C. Disposal in Comoliance with Laws and Regulations. Throughout the term of this Agreement, it is Contractor' s sole responsibility to dispose of the Solid Waste collected in accordance with this Agreement in a safe manner and in compliance with all federal, state, and local laws and regulations.

SECTION 10 - SECURITY FOR PERFORMANCE AND INSURANCE
A. Security for Payment. If Contractor fails to make timely payment of any Franchise Fees owed to City after 10 days written notice from City demanding such payment, City may require Contractor, in addition to paying the late Franchise Fee payment plus default interest thereon. to deposit with City a cash deposit, a performance bond. or a letter of credit for the benefit of City in the sum of Seventy- Five Thousand Dollars ($ 75, 000). Any cash deposit shall be placed by City in an interest- bearing account. The cash deposit, performance bond, or letter of credit shall be on terms acceptable to City' s counsel. The cash deposit, performance bond, or letter of credit shall serve as security for the faithful performance by Contractor of all obligations under this Agreement. All interest shall be paid to Contractor. 12463- 0001\97591Iv7. doc 12
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SECTION 11 - TERM
A. Initial Term. The Initial Tenn of this Agreement shall commence on the Commencement Date and terminate on December 31, 2028. However, if as of December 31, 2010, Contractor has not completed construction of Phase I of the proposed Resource Recovery Facility described in Exhibit D, and commenced the operation of that facility, this Agreement shall terminate on December 31, 2014. The December 31, 2010, date will be extended by the City as may be necessary to accommodate any delays beyond the reasonable control of Contractor where Contractor' s has used reasonable business efforts to avoid or mitigate those delays. The term " reasonable business efforts" means "those efforts a reasonably prudent business person would expend under the same or similar circumstances in the exercise of such person' s business judgment, intending in good faith to take steps calculated to satisfy the obligation that such person has undertaken to satisfy." Ifthe tenn of this Agreement will end on December 31, 2014, Contractor is relieved of any obligation to construct the proposed Resource Recovery Facility.

B. Renewal Options. City has the right, in its sole discretion, to unilaterally extend the term of this Agreement for addi~ional periods of one year each, up to a maximum of two such extensions. If City elects to extend this Agreement for either one or both of these optional extension periods, City shall give Contractor notice of its election to exercise each such option a minimum of 90 days before the then current termination date.

SECTION 12 - FRANCHISE TRANSFERABLE; CITY' S CONSENT REQUIRED A. No Assignment Without Consent. The franchise granted by this Agreement shall not be transferred, sold, hypothecated, sublet, or assigned, nor shall any of the rights, privileges, or interests herein be hypothecated, leased, assigned, subcontracted, sold or transferred, either in whole or in part, without the prior written consent of City expressed by resolution of the City Council. Any attempt by Contractor to assign this franchise without City' s consent shall be void.

Notwithstanding the foregoing, Contractor may assign or subcontract this Agreement, or portion thereof, to an affiliate of Contractor following advance written notice to City, provided that the assignor shall remain liable for performance of this Agreement.

Following any assignment for which City consent is required pursuant to this Section 12, Contractor' s assignee shall not be allowed to recover in its rates established under this Agreement any of the assignee' s costs of acquisition or to recoup any interest or financing charges incurred by that assignee relating to the costs of such assignment; provided, however, that nothing herein shall be construed as disallowing any financing, interest, or depreciation charges for Phase I of the Resource Recovery Facility, or for other capital costs incurred prior to the assignment, to the extent that those charges were previously authorized by City to be recaptured in Contractor' s rates.

B. Assignment Defined. The term " assignment" means any dissolution, merger, consolidation, or other reorganization of Contractor that results in a change of control of Contractor, or the sale or other transfer of a controlling percentage of Contractor' s capital stock to a person who, on the date of execution of this Agreement, is not a shareholder, management employee, principal, or affiliate of Contractor.
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C. " Change in Control" Defined. City consent is required for any change in control of Contractor. .. Change in control" means any sale, transfer, or acquisition of Contractor. If Contractor is a corporation, any acquisition of more than ten percent ( 10%) of Contractor' s voting stock by an entity or an individual, or group of persons acting in concert, constitutes a change in control; provided, however, that any transfer of ownership of any or all of the voting stock of Contractor to a wholly-owned subsidiary or to an affiliate of Contractor, or transfers, directly or indirectly, to an existing owner, or transfers by an existing owner to a current or future family member ( including adopted or stepchildren), or to any current or future direct lineal descendant of an existing owner shall not constitute a change in control, provided that the transferor shall remain liable for performance of this Agreement. In the event of any such excepted transfer, the transferee shall be subject to the provisions of this Agreement, including the restrictions on any subsequent transfers.

D. Breach. Any assignment by, or change in control of, the Contractor occurring without prior City approval shall constitute a material breach of this Agreement.

E. Citv' s Ootion to Terminate: Conditions to Assignment. If Contractor attempts to assign or subcontract this Agreement, or any part hereof, in contravention of this Section 12, City has the right to elect to terminate this Agreement without suit or other proceeding. City may in its reasonable discretion condition its consent to any assignment of this Agreement on the assignee' s written agreement to incorporate additional terms and conditions in this Agreement, induding provisions for liquidated damages, enhanced performance standards, and additional financial assurances and guarantees, in order to ensure that the assignee continues to deliver the highest quality of services to its customers at reasonable rates.

F. Conditions to Obtaining City' s Consent. City' s consent to an assignment or change of control may be withheld in the City' s sole and unfettered discretion and may also be withheld if, inter alia, the following conditions are not satisfied:
1) Contractor shall give City at least 90 days' advance written notice of Contractor' s intent to sell, transfer, or assign this Agreement. As part of that notice, Contractor shall provide to City the following written information:
a) The name, address, and telephone number of the proposed asSIgnee.
b) The nature of the legal entity owning or controlling the assignee, and the names, addresses, and telephone numbers of all principals, partners, shareholders as may be applicable.
c) Financial statements of the proposed assignee for the immediately preceding five years, demonstrating that the proposed assignee' s financial status is sufficient to enable it to perform all of Contractor' s obligations.
d) Satisfactory proof that the proposed assignee has at least seven years of municipal solid waste experience on a scale equal to or exceeding the scale of operations conducted by Contractor and has operated in a manner consistent with its contractual obligations to other municipalities which it serves, including compliance with AB 939. 12463-0001 \ 975911 v7 .doc 16
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e) Satisfactory proof that in the last seven years the proposed assignee has conducted its waste management operations in a manner satisfactory to other municipalities in which it operates and in compliance with applicable law and regulations. f) A copy of all purchase or assignment agreements containing, at a minimum, the terms and conditions of the sale, transfer, or assignment of this Agreement, and of Contractor' s Solid Waste and Recycling business; provided, however, that the dollar amount of any financial consideration may be redacted from those copies unless and until that information becomes relevant to the review of the transferee' s rates under this Agreement. Nothing in this Agreement obligates City to treat any of those acquisition costs as an allowable expense of the transferee for rate- setting purposes.
2) The proposed transferee must demonstrate, by credible and sufficient evidence, that it is qualified, by financial condition, background, and experience, to assume and satisfactorily perform all of Contractor' s obligations hereunder, and to perform under this Agreement in a manner that will assure the City' s compliance with AB 939. 3)
this Agreement.

The transferee must assume, in writing, all of the obligations specified in SECTION 13 - FRANCHISE TRANSFER; FEES
A. Transfer Fee Deposit. Any application for a franchise transfer shall be made in a manner specified by City. The application shall include a transfer fee deposit in an amount to be set by resolution of the City Council to cover the anticipated cost of all direct administrative expenses of City, including consultants and attorneys, that are necessary to analyze the application, and to reimburse City for all direct and indirect expenses. This transfer fee deposit shall not exceed Ten Thousand Dollars ($ 10,000). Reimbursement to City from this transfer fee deposit shall be supported with evidence of the expenses or costs incurred. Ifthe transfer fee deposit is insufficient to reimburse City' s costs and expenses, the applicant shall pay any additional amount within 30 days after receipt of City' s itemized statement.

B. Non- Recoverable Costs. The franchise transfer fee deposit is over and above any franchise fees specified in this Agreement, and shall not be a recoverable cost for rate- setting purposes.

SECTION 14 - RESOURCE RECOVERY FACILITY
A. Revenues from Ratepayers. The parties acknowledge that construction of the proposed Resource Recovery Facility that is described in the attached Exhibit D will be funded, in part, by City' s
ratepayers that are subject to the three- year, nine percent ( 9%) annual increases in Contractor' s rates as described in Section 22( A) of this Agreement. The Resource Recovery Facility will be constructed on land that is owned by Contractor.

B. Restrictive Covenants Agreement. Prior to City' s disbursement of funds to Contractor as provided for in Section 22(A)(4)( c), City and Contractor shall execute and record a Restrictive Covenants Agreement as specified in Section 22( A)(4)( c)( i). 12463- 000J\97591Iv7. doc 17
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SECTION 15 - DEFAULT AND TERMINATION
Each of the following shall constitute a material breach of this Agreement on the part of Contractor:

A. Material Breach of Contractor' s Obligations. The material failure or refusal of Contractor to comply with the obligations imposed on Contractor by this Agreement. In the event of any material breach by Contractor of any of the terms of this Agreement, City and Contractor shall meet and confer in good faith in an effort to agree on a resolution and cure of the breach. If the parties are unable to agree on the informal resolution or cure ofthe breach, City has the right to terminate this Agreement if:

I) The City shall have given prior written notice to the Contractor specifying that a particular default or defaults exist that will, unless corrected, constitute a material breach on the part of the Contractor.
2) Contractor has not corrected such default within 90 days from the date of the notice given pursuant to paragraph (A)( I) above, or, if the default is not reasonably correctable within that time, Contractor has not taken reasonable steps to commence to correct the same within those 90 days, or thereafter does not diligently continue to take reasonable steps to correct the default.
3) Any lender who has advanced funds or participated in the financing of the Resource Recovery Facility will have 30 days after Contractor' s default cure period has expired to cure any Contractor defaults and to reinstate this Agreement on behalf of Contractor.

B. Events ofInsolvency. The Contractor (1) being or becoming insolvent or bankrupt, or ceasing to pay its debts as they mature, or making an arrangement with or for the benefit of its creditors, or consenting to or acquiescing in the appointment ofa receiver, trustee or liquidator for a substantial part of its property; or ( 2) being or becoming a party to a voluntary or involuntary bankruptcy, winding up, reorganization, insolvency, arrangement, or similar proceeding instituted by or against Contractor under the laws of any jurisdiction, which proceeding, if involuntary in nature, has not been dismissed within 60 days; or ( 3) taking any action approving of, consenting to, or acquiescing in any such proceeding; or ( 4) being a party to the levy of any distress, execution, or attachment upon the property of Contractor that substantially interferes with Contractor' s performance under this Agreement. If Contractor is or becomes insolvent or bankrupt, Contractor shall ( I) assume or reject this Agreement within 60 days after the order for relief; (2) promptly cure any event of default arising under this Agrecment; and ( 3) provide adequate assurance of future performance of this Agreement under applicable provisions of the Federal Bankruptcy Code. The foregoing provisions do not prevent City from requesting other conditions relating to the assumption of this Agreement, as it deems reasonable and necessary.

C. No Waivers. No waiver of a breach will be deemed to be a waiver of any subsequent breach or be construed as approval of a course of conduct.

D. Termination by City. Upon the occurrence of a material breach and the City Council' s declaration of termination of this Agreement, this Agreement and the franchise granted thereunder shall be of no further force or effect, except those provisions concerning City' s right to indemnity and to temporarily assume Contractor' s obligations. City may then enter into 12463- 000]\ 975911 v7.doc 18
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whatever other arrangements are deemed justified and necessary for the collection, removal, and disposal of solid waste within the Franchise Area.

E. Termination by Contractor. Should Contractor at any time contend that City has breached any material provision of this Agreement, Contractor shall immediately notify City in writing of that contention. City shall have a reasonable time to cure any alleged breach, which in all events shall not be less than 90 days, or such longer period as may be reasonably required to cure the breach. If City fails to cure the breach within that time, Contractor may terminate this Agreement.

SECTION 16 . RIGHTS OF CITY TO PERFORM DURING EMERGENCY A. Emergencv Collection. Should Contractor, for any reason, refuse or be unable to collect, transport, and dispose of any or all of the Solid Waste that it is obligated under this Agreement to collect, transport, and dispose of for a period of more than 72 hours, and if, as a result, Solid Waste accumulates in the Franchise Area to such an extent, in such a manner, or for such time that City, in the exercise of its sole discretion, finds that such accumulation endangers or menaces the public health, safety, or welfare, then City has the right, upon 24 hours prior written notice to Contractor, during the period of such emergency, to contract on a temporary basis with third parties to collect and transport all Solid Waste that Contractor would otherwise be obligated to collect and transport under this Agreement.

B. Contractor to Cooperate. Contractor will fully cooperate with City and its thirdparty contractor to effect such a transfer of operations in as smooth and efficient a manner as is practicab Ie.

C. Contractor to Pay Increased Costs. All costs, fees, and other expenses incurred by City and its third- party contractor that exceed those that would have been incurred by City had no such emergency arisen shall be the responsibility of Contractor, and shall be paid to City within 30 days of Contractor' s receipt of written notice to so pay, unless those costs, fees, or other expenses have resulted from an event or condition of Force Majeure that prevented Contractor from meeting its obligations under this Agreement.

SECTION 17 - PRIVACY
A. Privacy of Customer Information. Contractor shall use all reasonable efforts to observe and protect the rights of privacy of its employees and customers. Information identifying individual customers, or the contents of a customer' s refuse or recyclables, shall not be intentionally disclosed to any person, private agency, or company unless upon the request of federal or state law enforcement personnel, the authority of a court of law, by statute, or upon authorization by the customer. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or wastestream analyses that may be required by AB 939, or any other reports requested by City under this Agreement, or required or requested by any governmental agency.

B. Mailing Lists. Contractor shall not market or distribute outside the normal course of its business any mailing lists with the names and addresses of customers. 12463- 0001\ 975911 v7.doc 19
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C. Video Camera Monitoring. Contractor shall comply with all applicable federal and state laws concerning the use of video monitoring cameras at Contractor' s Transfer Station, Materials Recovery Facility, Resource Recovery Facility, and other areas of Contractor' s operations, and shall provide to City evidence of Contractor' s compliance. City shall use good faith efforts to notify Contractor of any theft, violence, or other criminal or otherwise unlawful behavior it observes in monitoring activities at Contractor' s facilities.

SECTION 18 - RECORDS AND ACCOUNTING
A. Financial Reporting. Contractor shall maintain a proper set of books and records on an accrual basis, and shall prepare an annual audited financial statement, in accordance with generally accepted accounting principles, accurately reflecting the business done by it under this Agreement. Contractor shall submit to City each year a copy of its audited annual financial statement as soon as it is received, but in all events no later than four months following the close of Contractor' s fiscal year. In addition, Contractor shall provide City with quarterly reports showing the financial performance of its Materials Recovery Facility operations, as well as the financial performance of Contractor' s other recycling programs. These reports shall show ( for each category of Recyclable Materials requested by City) actual diversion data, the actual cost of diverting those Recyclable Materials from the wastestream, and revenues received from the sale of such Recyclable Materials.

B. Service Records. Contractor shall maintain all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, route maps, AS 939 records, and customer complaints, for a period offive years from the date ofthe generation of each such record. City or its agents have the right, upon 10 business days' advance notice, to inspect all maps, AS 939 records, books and records, customer complaints, and other like materials of Contractor that reasonably relate to Contractor' s compliance with the provisions of this Agreement. These records shall be made available to City at Contractor' s regular place of business, but in no event outside of City. Contractor shall further maintain, and make available to City, records of the number of customers, total and by type, route maps and route listings, service records, and other operating statistics in such manner and with such detail as City may require. City shall treat the information required by this paragraph that affects Contractor' s competitive position as confidential information to the extent permitted by law. City shall not make or retain copies or photocopies containing information set forth in Contractor' s confidential financial and business records pertaining to the establishment of rates and the payment of franchise fees without executing a Confidentiality Agreement providing that City shall hold and keep such copies and photocopies confidential. The Confidentiality Agreement shall be negotiated in good faith between City and Contractor and set forth in a separate legallybinding document.

C. Underpayment of Franchise Fees. Should any examination or audit of Contractor' s records reveal an underpayment of any fee required by this Agreement, the amount of that underpayment shall become due and payable to City not later than 30 days after written notice of that underpayment is sent to Contractor by City. Should an underpayment of more than two percent ( 2%) be discovered, Contractor shall bear the entire cost of City' ~ audit or examination and that cost shall not be recoverable through rate setting.

D. Examination of Financial Records.
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1) The information required by this Section 18 pertains to Contractor' s operations regulated by this Agreement, and nothing contained herein requires Contractor to provide City with information pertaining to Contractor' s operations that are not regulated by City, except as provided in this paragraph ( D).
2) City' s agents are entitled to examine the books, records, and financial statements of Contractor and its Affiliates pertaining to operations not regulatcd by City for the sole purpose of gathering infonnation necessary to allow the agents to ascertain whether income, expenses, assets, and liabilities are reasonably and consistently allocated among operations regulated by City and those not regulated by City, and to assess the reasonableness of any transactions between Contractor and any of its Affiliates. A transaction shall be deemed to be reasonable if, in the judgment of City' s agents, the price for any goods or services provided by an Affiliate to Contractor represents an established going- market price for those goods or services. Contractor shall obtain City' s written approval of its method of segregating its financial records as between City-regulated and non- City regulated operations. 3) Information derived from the examination of records pertaining to operations not regulated by City shall be treated by City and its agents as confidential information in accordance with applicable state law. City' s agents shall prepare a confidential report regarding the results of their examination of Contractor' s non-regulated operations and transactions with Affiliates. City' s agents shall issue a report to City' s counsel on Contractor' s
non- regulated operations and Contractor' s transactions with Affiliates, and that report shall remain confidential, except that the dollar amount and general description of any costs that City' s agents recommend be disallowed shall be disclosed to City' s governing body. If Contractor appeals the conclusions of that report to City' s governing body, Contractor shall decide what portions, ifany, of that report shall be disclosed to City' s governing body. City's governing body shall then consider Contractor' s appeal but may, in its discretion, deny the appeal if inadequate information has been disclosed to City' s governing body to make an informed decision on that appeal.
4) For review of books and other financial records necessary to verify the Contractor' s income, expenses, assets, and liabilities, " Agent" shall mean an independent Certified Public Accountant or public accountancy firm or other independent agent designated by City.

E. Public Records. Nothing in this section prevents City from allowing public access to City' s records as provided for under the applicable laws of California If any dispute arises as to public access to information provided by Contractor under the terms of this Agreement, City shall in its discretion provide public access to that information provided by Contractor under the terms of this Agreement, according to law, or tender the defense to Contractor of any claims made against the City concerning that information. City shall make a good faith effort to notify Contractor of the intended release of information.

F. City Access to Customer Lists. Upon reasonable notice, and at those times designated by City, Contractor shall supply to City lists ofthe names of all customers who are provided any service by Contractor within the Franchise Area. At the samc or other time, City may request and Contractor shall provide information specifying each customer' s address, type of service provided to that customer, the number and type of authorized Solid Waste containers used by or provided to each customer, whether and which customers are believed to be violating 12463- 0001\ 97591\ v7.doc 21
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this Agreement or any mandatory subscription ordinance or other provision of the law, and any other information that City detennines, in its sound discretion, is reasonably required to monitor implementation of this Agreement and to discharge City' s obligations under the law.

SECTION 19 - REPORTS AND ADVERSE INFORMATION
A. Annual Reports. Upon City' s request within 120 days after the close of Contractor' s fiscal year ending on June 30th of each year, Contractor shall submit to City a written annual report, in a form approved by City, that includes, but is not limited to, the following information:
1 ) A summary ofthe previous year' s activities ( or in the case of the initial year, the initial year' s activities), including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each class and level of service. 2) A revenue statement setting forth quarterly Franchise Fees that have been paid, and the basis for their calculation, certified under penalty of perjury by an officer of Contractor.
3) A list of Contractor' s officers and members of its Board of Directors.

B. Adverse Information. Contractor shall provide City with two copies of all reports or other documents that adversely reflect on Contractor' s performance under this Agreement, which reports or documents are submitted by Contractor to the California or U. S. EPA, the California Integrated Waste Management Board, or any other federal, state, or county agency.

Copies shall be submitted to City simultaneously with Contractor' s filing of such reports with those agencies. Contractor' s routine correspondence to those agencies need not be automatically submitted to City but shall be made available to City upon written request, as provided in this section.
1) Contractor shall submit to City copies of all pleadings, applications, notifications, communications, and documents of any kind, that are submitted by Contractor to, as well as copies of all decisions, correspondence, and actions by, any federal, state, and local courts, regulatory agencies, and other governmental bodies relating specifically to any material aspects of Contractor' s performance of services under this Agreement. Any data that Contractor seeks to be excluded from provisions ofthe California Public Records Act shall be clearly identified as such by Contractor with the basis for that exclusion clearly specified. If City receives a request under the Public Records Act, or by subpoena, City shall notify Contractor so that Contractor may object to the release of the information requested or subpoenaed. 2) Contractor shall submit to City such other information or reports in such forms and at such times as City may reasonably request. 3) All reports and records required under this or any other section shall be furnished by Contractor, and the expense incurred in the gathering and preparation of those reports and records may, at Contractor' s discretion, be included in the rate base.

C. AB 939 Requirements. During the term of this Agreement, Contractor shall submit to City quarterly, and more often if required by law, information reasonably required by 12463- 0001\ 97591Iv7, doc 22
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City to meet its reporting obligations imposed by AB 939, and the regulations implementing AB 939, in a manner approved by City. Those reports include, but are not limited to: South Lake Tahoe Waste Management Authority - Monthly Waste Facility Diversion Summary; South Tahoe Refuse Transfer Station Export Report; and Waste Generation Summary ReportJurisdictional Allocation. Contractor will submit such reports and infonnation on computer disks, or by model, in a fonnat compatible with City' s computers, if practicable. Contractor will render to City all reasonable cooperation and assistance in meeting the requirements of City' s source reduction and recycling element and non-disposal facility element.

D. Waste Audits.
1) At City' s request, Contractor shall conduct waste audits where those waste audits are necessary to enable City to comply with the requirements of federal or state law. 2) The results of these waste audits will be memorialized on fonns either designed or approved by City.
3) The purpose of the waste audits is to identify the volume and characteristics of solid waste being generated by customers. 4) A copy ofthe waste audit shall be provided by Contractor to its customers and to City.

E. Failure to Reoort. The refusal, failure, or neglect of Contractor to file any ofthe reports required, or to provide material infonnation to City, or the intentional inclusion of any materially false or misleading statement or representation knowingly made by Contractor shall be deemed a material breach ofthis Agreement and shall subject Contractor to all remedies, legal or equitable, that are available to City under this Agreement.

SECTION 20 _ REVIEW QF PERFORMANCE AND QUALITY QF SERVICE A. Perfonnance Review. From time to time, at its sole discretion, City may examine Contractor' s operations in order to evaluate whether Contractor is operating at a satisfactory level of efficiency and customer satisfaction in accordance with industry standards. Contractor will cooperate in any such examination and shall pennit City' s representatives to inspect, at Contractor' s principal place of business, such infonnation pertaining to Contractor' s operations as City may require, including, but not limited to, customer inquiry records, collection routes, and equipment records. Access to Contractor' s records is subject to the provisions of Section 18.

B. Public Hearing. At City' s sole option, within 90 days of the first anniversary of the Commencement Date of this Agreement, and each year thereafter throughout the tenn of this Agreement, City may hold a public hearing, at which Contractor shall be present and shall participate, to review Contractor' s perfonnance and quality of service. The reports required by this Agreement regarding customer complaints shall be used as the basis for review. In addition, any customer may submit comments or complaints during these review meetings, either orally or in writing, and these shall be considered.

C. Report on Performance. Within 30 days after the conclusion ofthe public hearing, City shall issue a
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service, using industry standards as a baseline for acceptable performance. If any noncompliance with the franchise is established, City may direct Contractor to correct the inadequacies or may initiate default proceedings in accordance with Section 15 above.

D. Customer Surveys~ Billing Information.
t) Contractor shall provide prompt, efficient, continuous, and professional service to its customers.
2) Upon City' s request, as part of the annual review ofperfonnance described above, Contractor shall, at a cost not to exceed $ 20, 000, conduct a surveyor surveys of all customers to detennine their satisfaction with Contractor' s service including, without limitation, response to customer complaints. The survey methodology, format, and content shall be subject to City' s prior review and approval. A copy ofthe survey results shall be sent to City within 60 days of their completion. Nothing in this paragraph shall limit the right of City to conduct additional surveys at its own expense. Contractor shall reasonably cooperate with City in those cases.
3) Upon initiation of service, Contractor shall deliver to its customers infonnation concerning the conditions of service, including, but not limited to, rates, fees, charges, service options, payment options, discounts ( if any), days of collections, the amount and manner of refuse to be collected, service level, and inquiry/ complaint procedures, including the name, address, and local telephone number of Contractor. The form and content of this information is subject to City' s review and approval.

SECTION 21 - SYSTEM AND SERVICES REVIEW
To provide for technological, economic, and regulatory changes in solid waste collection, to facilitate recycling programs, to promote competition in the solid waste industry, and to achieve a continuing, advanced solid waste collection system, the following system and services review procedures are established.

A. Public Hearing. At City' s sole option, City may hold a public hearing on or about the first anniversary date of this Agreement to review Contractor' s collection systems and services. Subsequent system and services review hearings may be scheduled by City every two years thereafter. It is City' s intent to conduct any system and services review concurrently with the annual review of performance and quality of service as provided for above in Section 20.

B. Contractor' s Report. Sixty days after receiving notice from City, Contractor shall submit a
report to City setting forth the following:
l) All solid waste collection and recycling services that are reported in solid waste collection and recycling industry trade journals as being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations, and that are also provided by Contractor to City. 2) Changes recommended to improve City' s ability to meet the goals of AB 939.
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3) Contractor' s specific plans for the provision of new services, along with the estimated expenses and adjustments to rates necessary to compensate Contractor for providing these services, or a
justification for Contractor' s belief that such new services are not feasible for the Franchise Area.

C. Services Review Topics. Topics for discussion and review at the system and services review hearing shall include, but shall not be limited to, services provided, customer complaints, rights of privacy, amendments to the Agreement, developments in the law, and new initiatives for meeting or exceeding AB 939' s goals and regulatory requirements. City and Contractor may each select additional topics for discussion at any system and services review hearing.

D. City' s Report. After the conclusion of each system and services review hearing, City may issue a
report. The report shall summarize the systems and services review hearing and address services not being provided to City that City considers to be technically and economically feasible. City may require Contractor to provide such services within a reasonable time, for reasonable rates and compensation.

SECTION 22 - COMPENSATION
A. Contractor Rates. Contractor shall provide all management, supervision, personnel, materials, equipment, utilities, services, and supplies necessary to perform all services, obligations, covenants and other acts required of Contractor under this Agreement for the rates specified in Exhibit C, as adj usted pursuant to this section. Contractor shall pay all real estate taxes and assessments, general or special, ordinary or extraordinary, of every nature and kind, and any possessory interest tax, that may be levied, assessed, charged, or imposed, or may be or become a lien or charge upon any of the buildings, improvements, equipment, or other real or personal property of Contractor. Contractor shall not receive any form of payment or other consideration from the City for its performance under this Agreement other than the grant of the exclusive franchise. Contractor instead shall look solely to its customers in the Franchise Area for payment for all of Contractor' s services under this Agreement. 1) Rates on Commencement Date. The rates specified in Section 1 of Exhibit C are the Contractor' s approved rates that are effective on the Commencement Date. These approved rates include the 9% annual increase that became effective on January 1, 2007, as referenced below in subparagraph ( 2).
2) Prior Annual Rate Increases. The parties acknowledge that, in March 2005, City adopted a three- year tiered increase in Contractor' s rates to facilitate the financing of Phase 1 of a Resource Recovery Project. This three- year tiered increase, as approved by Resolution No. 2005- 13 adopted by the City Council, authorized three successive 9% annual increases in Contractor' s rates for solid waste collection and processing services. The first 9% annual increase became effective on April I, 2005; the second 9% annual increase became effective on January 1, 2006; and the third 9% annual increase became effective on January 1, 2007.
3) Contractor' s Retention of 2005 Rate Increase. Contractor was authorized under City' s Resolution No. 2005- 13 to retain the full amount of revenues derived from the 9% annual increase in rates that became effective on April I, 2005. 12463- 01101\97591Iv7. doc
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4) Contractor' s Payment and City' s Disbursement of 2006 and 2007 Rate Increases.
a) The parties acknowledge that, during all of calendar year 2006, and during that portion of calendar year 2007 ending on the Commencement Date of this Agreement, Contractor has paid to City, or has been obligated to pay to City, all revenucs derived from the 9% annual increases in rates that became effective on January 1, 2006, and on January 1, 2007.

These revenues paid by Contractor to City have been placed in an account established by City' s Director of Finance that is designated as the " South Tahoe Refuse Resource Recovery Project" Trust Fund").
b) Upon the Commencement Date of this Agreement, City
acknowledges that Contractor is entitled to payment from the Trust Fund in an amount equal to one- third of the 9% annual increases in rates that have been paid by Contractor to the Trust Fund since January 1, 2006, plus a pro rata share of all accrued interest on that amount. To the extent that Contractor' s 2007 payments to City have accrued but remain unpaid as of the Commencement Date, Contractor is entitled to retain one-third of the 9% annual increase and is obligated to pay two-thirds of the 9% annual increase to the City for the applicable payment period and for the remainder of calendar year 2007. This disbursement offunds from the Trust Fund will be made by City in recognition of the satisfaction of the following conditions specified in Resolution No. 2005- 13:
i) The execution by City and Contractor of a new franchise collection agreement providing for the financing, construction, and operation of the Resource Recovery Project, Phase I; and ii) The completion of any rate review that City has elected to undertake prior to the Commencement Date of this Agreement. c) After City's disbursement to Contractor of funds from the Trust Fund as provided for above in subparagraph (b), additional disbursements from the Trust Fund shall be made by City to Contractor in accordance with the following provisions:
i) The remaining two-thirds ofthe funds, plus accrued interest, attributable to the 9% rate increase that became effective on January 1, 2006, will be paid by City to Contractor upon completion of Milestone No. 1, which requires compliance with the following conditions:

A) Contractor shall provide to City verification that
Contractor has obtained all required pcnnits and financing commitments in order to initiate construction of Phase I of the Resource Recovery Project.
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B) Contractor and City shall have entered into a
Restrictive Covenants Agreement which requires that the real property designated for construction ofthe Resource Recovery Facility, and, upon completion of its
construction, the Resource Recovery Facility, be
continuously owned and operated by Contractor, or its
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authorized successors and assigns, for a period
commencing with the date of disbursement of the funds
referenced above in subparagraph ( i) and ending on the expiration date ofthis Agreement. The Restrictive
Covenants Agreement will be substantially in the fonn
attached as Exhibit G to this Agreement, subject to such revisions as may be approved by the parties. The
Restrictive Covenants Agreement will be recorded in the Official Records of the EI Dorado County Recorder against Contractor' s real property upon which the Resource
Recovery Facility will be constructed. Upon recordation, the Restrictive Covenants Agreement will not be subject to any prior liens or encumbrances other than property taxes not yet due and encumbrances against the property for the sole purpose of financing construction of the Resource
Recovery Facility.
ii) The remaining two-thirds ofthe funds, plus accrued interest, attributable to the 9% rate increase that became effective on January 1, 2007, will be paid by City to Contractor upon completion of Milestone 2, which requires that Contractor provide to City verification of Contractor' s completion of 50% of the construction of Phase I of the Resource Recovery Project. 5) Citv' s Powers. The City Council shall review and approve all rates and charges assessed by Contractor for all services it perfonns in the Franchise Area. 6) Extra Char2es. Contractor shall not impose charges on customers for extra services or for other reasons, except where expressly allowed by the rate schedule approved by the City Council.

B. Time for Rate Settinl!s. Rate Settings Procedures. and COLA Increases. The City Council shall review and approve the rates to be charged by Contractor. Commencing January I, 2008, and every four years thereafter, Contractor may apply as hereinafter provided for a general rate increase. Contractor' s rates shall remain unchanged ( except for COLA increases) unless Contractor submits a written request to the City Council for a general rate adjustment no earlier than September 1 and no later than November I of the year prior to the year when a general rate adjustment can be implemented. In the intervening years when Contractor cannot apply for a general rate adjustment, Contractor shall be entitled to increase its rates on January 1 of each year pursuant to the cost-of-living adjustment ( COLA) formula set forth in the attached Exhibit " E". Ifthe City Council later determines to regulate the rates ofless than all of Contractor' s services, that shall not be construed as a waiver of City' s rights to regulate the rates of services not then regulated. When applying for a general rate adjustment, Contractor shall submit to the City Council an application in a form to be detennined by the City Council, which shall include proposed collection rates and revenues and operating cost and pass- through cost projections for the upcoming two- year period, which projections shall have a reasonable factual basis. Rates shall be proposed with the intent to reimburse Contractor for allowed operating and pass-through costs and allowed profit. The City Council has the right to review Contractor' s projections, and ifit determines that Contractor' s projections or any components thereof are unreasonable, then the City Council may make adjustments, with a reasonable factual basis, in Contractor' s projections of its operating costs and pass- through costs and in approving proposed 12463- 0001\ 97S91Iv7. docrev, 8/ 20/ 07 27
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rates. If Contractor believes the City Council has acted unreasonably, it has the right to commence an action in law or equity to determine the reasonableness of Contractor' s projections, or components thereof, and the rates determined thereby. By this Agreement, neither City nor its governing body or staff agree, guarantee, or warrant that such projections or adjustments will be accurate or that Contractor will in fact obtain reimbursement of all of its operating costs or pass- through costs, or that Contractor will achieve its projected profit margin.

Contractor expressly assumes the risk that its costs may be higher than projected in the rate review and approval process and that its revenues may be lower than projected. When a general rate adjustment has been requested, as provided above, Contractor shall provide written notice to each ratepayer, in a form approved by City, of the time, date, and place of each hearing set by the City Council to review and approve the proposed rates. Contractor shall provide that notice at least 10 but not more that 60 days prior to the hearing date.

Notwithstanding the foregoing, the City Council may initiate a general review of Contractor' s rates at any time after January 1, 2008. This rate review shall be conducted in accordance with the provisions of this section.

Contractor is entitled to a rate increase whenever Contractor' s landfill disposal costs increase due to a rate increase at the landfill used by Contractor. This rate increase is only for the purpose of passing through the disposal cost increase in Contractor' s collection rates.

Contractor shall provide the City Council with a minimum of 30 days' advance written notice of this proposed increase, including satisfactory evidence ofthe landfill tipping fee increase and a calculation showing the amount of the proposed increase in Contractor' s collection rates needed to recoup the disposal cost increase. The City Council may reasonably request further information from Contractor justifying the proposed rate adjustment, and to the extent feasible, shall consider the request for an increase within that 30- day period. This 30- day period may be extended by mutual agreement ofthe parties.

In addition, the City Council shall consider a proposed revision to Contractor' s rates whenever Contractor establishes to the satisfaction of the City Council that unforeseen circumstances have arisen that have materially affected Contractor' s costs or revenues under this Agreement.

C. Operating Costs. Operating costs used to determine Contractor' s rates include Solid Waste collection, processing, and disposal costs. These include costs of operating Contractor' s transfer station, Materials Recovery Facility, and Resource Recovery Facility, prorated to reflect the amount of City' s franchised Solid Waste processed at these facilities compared to all Solid Waste processed at these facilities. Operating costs shall exclude the following:
a) income taxes~
b) payments to Affiliates of Contractor other than reasonable compensation for goods sold or services rendered;
c) entertainment expenses~
d)
e)
fines and penalties~
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cost of repairs due to operator negligence;
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f)
g)
under this Agreement;
charitable and political donations;
expenses not associated with Solid Waste operations franchised h) unreasonable expenses in kind or amount;
i) capital costs, depreciation, and amortization expenses associated with the Materials Recovery Facility building and the Resource Recovery Facility buildings, but reasonable depreciation of equipment located in these buildings shall be allowed as an operating cost;
U) the principal portion of any loan repayments; and
k) any other costs disallowed under the tenns of this Agreement.

D. Officers' Salaries. Operating costs shall include reasonable salaries, bonus compensation, health insurance, and pension plan benefits. In connection with any general rate review requested by Contractor or initiated by the City Council, the burden shall be upon Contractor to demonstrate the reasonableness of salaries, bonuses, health insurance, and pension plan benefits paid to its officers and upper- level management personnel. As of the Commencement Date, City deems Contractor' s compensation and benefit plans to be reasonable.

E. Pass- Through Cost~. Pass- through costs shall be allowed as an expense for purposes of reviewing and approving Contractor' s collection rates, but shall not be included as an eligible cost for purposes of calculating Contractor' s profit margin. Pass- through costs include the following:
a) The debt service (principal and interest payments) on the loan made to Contractor by the South Lake Tahoe Basin Waste Management Authority for the construction of the Materials Recovery Facility building (but the principal payment on any loans to purchase equipment located therein shall not be an allowed cost), and the debt service principal and interest payments) on the loan for the construction of the Resource Recovery Facility buildings (but the principal payment on any loans to purchase equipment located therein shall not be an allowed cost);
b) Any expenses incurred by Contractor arising out of the loans referenced above in subparagraph ( a);
c) Interest charges on other obligations of Contractor; d) The Franchise Fee established pursuant to this Agreement; and e) Fees, surcharges, and other amounts collected by Contractor as the agent of, or for the benefit of City, or the South Lake Tahoe Basin Waste Management Authority, or any other federal, state, or local agency.

F. Operating Ratio and Allowed Profit. The Contractor is entitled to a profit on its operating costs, to be detennined by use of an operating ratio. 12463- 000 1\ 975911 v7 .doc 29
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The operating ratio number will be determined using a sliding scale, under which the operating ratio number will decrease ( and, thus, the Contractor' s profit margin will increase) if more Recyclable Materials collected by Contractor are diverted by Contractor from landfilling i.e., " Recovered Materials" as defined in this Agreement). The percentage of Recovered Materials diverted from landfilling by Contractor shall be measured by determining the percentage by weight ( in tons) of Recovered Materials diverted by Contractor from landfilling out of: (a) all Solid Waste collected by Contractor in the South Lake Tahoe Basin Waste Management Authority Franchise Area from collection routes; ( b) all Solid Waste received by Contractor at the Materials Recovery Facility from haulers other than Contractor' s collection trucks; and ( c) all Recyclable Materials collected at Contractor' s buyback centers and through other recycling programs operated by Contractor ( hereinafter the " Recovery Percentage").

Contractor shall not receive diversion credit for the recovery of Recyclable Materials collected outside of the franchise area of the South Lake Tahoe Basin Waste Management Authority or from recycling programs operated by third parties. The Recovery Percentage shall be rounded to the nearest whole number.

The operating ratio number shall vary with Contractor' s Recovery Percentage in accordance with the following sliding scale:

Operating Ratio Number Recoverv Percentage

94. 34

93. 90

93.46 93. 02

92. 59

92. 17

91.74 91.32

90.90 90.50
89 88
87 0- 15%
16 17
18 19
20 21
22 23
24 25- 28
29- 32
33- 100
The amount of profit (" Allowed Profit") to be received by Contractor for a given period shall be determined by multiplying the total projected operating costs for the period by a fraction, the numerator of which shall be one hundred ( 100), and the denominator of which shall be the operating ratio number applicable to the period as determined by using the foregoing sliding scale. The Allowed Profit shall then be determined by subtracting the projected operating costs from the product of the foregoing multiplication. For example, if projected operating costs for a year were $ 5, 000, 000, and the operating ratio number to be used was 90, the Allowed Profit would be calculated as follows:
100/ 90 = 1.11 ( rounded off to one one- hundredths)
5, 000,000 x 1. 11 = $ 5, 550, 000
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5, 550, 000 - 5, 000, 000 = $ 550, 000
Allowed Profit = $ 550, 000
G. Recycling Revenue Bonus for Extraordinary Diversion. In addition to the calculation of Allowed Profit in paragraph ( F) above, Contractor shall be entitled to receive as additional profit, an amount equivalent to twenty-five percent ( 25%) of Contractor' s gross revenues from the sale of Recyclable Materials diverted from landfilling by Contractor pursuant to this Agreement for those rate periods in which Contractor' s Recovery Percentage is equal to or greater than thirty- seven percent ( 37%), and an amount equivalent to fifty percent ( 50%) of Contractor' s gross revenues from the sale of RecycIable Materials diverted from landfilling by Contractor pursuant to this Agreement for those rate periods in which Contractor' s Recovery Percentage is equal to or greater than forty percent ( 40%).

H. Resolution of Issues Regarding Rate Adiustments. Any issue regarding rates, or the computation thereof, or any other question regarding Contractor' s reimbursement for fees, special services, or extraordinary costs shall be decided by the City Council. The rates in effect at the time any issue or dispute is submitted to the City Council shall remain in effect pending resolution of the issue or dispute. The effective date of any dispute resolution, whether retroactive or prospective, shall reasonably be detennined by the City Council.

I. Billing and Payment.
1) Contractor shall bill all customers for all services, whether regular or special. Contractor shall provide itemized bills showing charges for all classifications of services, including charges for late payment and, where applicable, tipping fees. Contractor shall also collect and remit to City any AB 939 fees and other surcharges imposed by the City Council on customers within the Franchise Area. Billings may be made no less frequently than every quarter and may be mailed at the beginning ofthe billing period for all services to be provided to residential and commercial customers.
2) City may, at City' s sole option, upon such tenns and conditions as may be mutually agreed upon between the parties, elect to bill residents for solid waste collection. If City elects to do so, mutually agreed- upon guidelines will be established and incorporated into this Agreement by an amendmcnt.

J. Refunds. Contractor shall refund to each customer, on a pro-rata basis, any advance service payments made by a customer for service not provided when service is discontinued by the customer after reasonable advance written notice, or for service not provided by Contractor due to no fault of the customer, except as may be modified by any mandatory collection - ordinance adopted by City.

SECTION 23 - COLLECTION EQUIPMENT
A. Vehicle Standards. Contractor warrants that it shall provide an adequate number of vehicles and equipment for the collection and transportation services for which it is responsible under this Agreement. All vehicles used by Contractor shall be registered with the California Department of Motor Vehicles, shall be kept clean and in good repair, and shall be unifonnly painted. Solid waste collection vehicles shall be washed such that they are maintained 12463- 0001\975911v7. doc 31
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in a reasonably clean and sanitary condition. Contractor' s name, telephone number and vehicle number shall be visibly displayed on its vehicles. Loads shall be kept completely covered at all times except when material is being loaded or unloaded, or when vehicles are in the process of collection. Collection vehicles shall be designed and operated while in route in such a manner as to prevent solid waste, including leachate and garbage juice, from leaking, escaping, or spilling.

Any spillage of materials shall be immediately cleaned up by Contractor at Contractor' s sole expense. The noise level generated by vehicles using compaction mechanisms dUring the stationary compaction process shall be such that it does not unreasonably interfere with the quiet enjoyment of nearby properties unless mandated by any applicable law. The equipment of Contractor used under this Agreement shall be subject to inspection by City on a semi- annual basis but shall not be subject to any permit fees.

Notwithstanding the generality of the foregoing, Contractor' s equipment shall at all times be in conformance with all applicable provisions of the South Lake Tahoe City Code.

B. Low Emissions Requirement. If changes in federal, state, or local laws mandate that Contractor convert or retrofit its collection fleet to use the most cost-effective means to reduce air pollutant emissions, Contractor shall take all necessary steps to so comply, and shall be in full compliance with all other local, state, and federal clean air requirements.

C. Equipment List. Upon City' s
request, Contractor shall provide to City a written
list of all equipment (including trucks and containers) being used within the Franchise Area, including make and model, age, mileage or hours of operation, and type of vehicle.

SECTION 24 - PUBLIC ACCESS TO CONTRACTOR
A. Office Hours. Contractor' s office hours shall be, at a minimum, from 8: 00 A.M. to 12: 00 noon, and from 1: 00 P.M. to 5: 00 P.M., Monday through Friday, except holidays. An adequate number of customer service representatives shall be available during office hours for communication with the public in person and by telephone at Contractor' s principal office in South Lake Tahoe. Contractor shall also provide City with an emergency telephone number for use during other than normal business hours. Contractor shall have a representative or answering service available at an after- hours telephone number during all hours other than normal office hours.

B. Withholding: of Residential Service. Service may be withheld during any period in which bills for prior service remain delinquent. Bills become delinquent 45 days after the end of each full month in which services have been rendered. Contractor shall notify City in writing before withholding service to any residential customer. This notice shall include the customer' s name, address, and phone number, and the amount and time period covered by all unpaid bills for Contractor' s services. Notwithstanding the foregoing, Contractor may not withhold service from customers in mandatory collection areas without City' s prior written consent as to each affected customer.

C. Service Complaints.
1) All customer complaints shall be directed to Contractor. Contractor shall record all complaints received by mail, by telephone, or in person, including date, name, address of complainant, and nature of complaint. Contractor will use its best efforts to resolve all 12463- 0001\ 97591Iv7. doc 32
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complaints by the close of business of the second business day following the date on which the complaint is received. Service complaints may be investigated by the City Manager or designee. 2) Contractor will maintain records listing the date of customer complaints, the customer, the nature ofthe complaint or request, and when and what action was taken by the Contractor to resolve the complaint. These records shall be maintained for a period of 24 months and shall be available for City' s
inspection.

D. Regular Meetings With City. At the reasonable request of City, Contractor shall meet with City representatives to discuss matters of mutual concern, including, but not limited to, problems with Contractor' s service, compliance with AB 939, and future planning. The person attending these meetings on behalf of Contractor shall be vested with sufficient authority to make decisions that are binding on Contractor.

SECTION 25 - CUSTOMER COMPLAINTS
A. Comolaint Resolution. Contractor shall notify customers that service complaints may be reviewed by the City if a satisfactory solution is not reached.

B. Non- Collection Tags. City shall approve in advance Contractor' s written procedures for determining when not to collect Solid Waste, and Contractor shall adhere to these approved written procedures in making these determinations.

C. City Review of Comolaints. A customer dissatisfied with Contractor' s decision regarding a complaint may ask the City to review the complaint. To obtain this review, the customer must request City' s review within 30 days of receipt of Contractor' s response to the
complaint, or within 45 days of submitting the complaint to Contractor if Contractor has failed to respond to the complaint. City may extend the customer' s time to request City review for good cause.

D. Remedy. The City Manager or designee shall determine if the customer' s complaint is justified, and if so, what remedy, if any, shall be imposed. The remedy under this section shall be limited to a rebate of customer charges during the period of breach of any ofthe terms of this Agreement.

SECTION 26 - SERVICE EXCEPTIONS:

HAZARDOUS WASTE NOTIFICATIONS
A. Compliance With Hazardous Waste Laws. The parties recognize that federal, state, and local agencies with responsibility for defining Hazardous Waste and for regulating the collection, hauling, or disposal of such substances, are continually providing new definitions, tests, and regulations concerning these substances. Under this Agreement, it is Contractor' s responsibility to keep current with the regulations and tests on those substances, to identify those substances, and to comply with all federal, state, and local regulations concerning those substances. Contractor shall make every reasonable effort to prohibit the collection and disposal of Hazardous Waste in any manner that is inconsistent with federal and state law. Contractor shall have no duty or responsibility to collect or manage Hazardous Waste, other than a<; explicitly set forth in this Agreement.
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B. Notice to Agencies Regarding Toxics. Contractor represents to City that Contractor will carry out its duties to notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and local emergency response providers, and, if appropriate, the National Response Center, of reportable quantities of Hazardous Waste that are found or observed by Contractor in Solid Waste anywhere within the City, including on, in, under or about City' s property, including streets, easements, right of ways, and City' s waste containers. In addition to other required notifications, if Contractor observes any substances that it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on City' s property, including streets, storm drains, or public right- ofways, Contractor will also immediately notify the City Manager or designee.

C. Inspection for Toxics. Contractor shall conduct a visual inspection, consistent with its normal operating procedures, of all Solid Wastes that it collects, transports or disposes of pursuant to this Agreement for the purpose of discovering, identifying, and refusing to collect, transport, and dispose of Hazardous Wastes or materials.

D. No Collection or Disposal of Hazardous Waste. Except as provided in this Section 26, Contractor shall not knowingly collect, handle, process, transport, arrange for the transport of, or dispose of Hazardous Waste.

E. Hazardous Waste Program. Notwithstanding paragraph ( D) above, Contractor agrees to provide, upon City' s request and with appropriate fee reimbursement, a program for residents in the Franchise Area to identify Hazardous Waste and to comply with all federal, state, and local statutes and regulations dealing with Hazardous Waste. Subject to City authorization, this program shall include, and be expanded to include, collection of all items listed on the attached Exhibit "B" as " Hazardous Waste Items," which list may be amended by City from time.

SECTION 27 - INDEMNIFICATION
A. Indemnification of City. Contractor shall protect, defend ( with counsel selected by Contractor and reasonably acceptable to City), indemnify, and hold harmless City, its Council members, officers, directors, employees, agents, consultants, successors and assigns (hereinafter City Indemnified Parties") from and against any and all claims, suits, losses, damages and liability for damages of every kind and description, including attorneys' fees and costs incurred, brought for, or on account of, injuries to or death of any person, including but not limited to workers, City employees, and the public, or damage to property, or any economic or consequential losses, which are claimed to or in any way arise out of or are connected with the Contractor' s services, operations, or performance hereunder, regardless of the existence or degree of fault or negligence on the part ofthe City Indemnified Parties, except for the sole active negligence ofthe City, its officers and employees, or as expressly prohibited by statute; provided that if a final decision or judgment allocates liability by determining that any portion of damages awarded is attributable to a wrongful act, error, or omission or the active negligence of a City Indemnified Party, then City shall pay the allocable portion of damages. Contractor' s duty to indemnify and hold the City Indemnified Parties harmless includes the duties to defend set forth in California Civil Code section 2778.

B. Hazardous Substance Indemnification. Contractor shall protect, defend ( with counsel selected by Contractor and reasonably acceptable to City), indemnify, and hold 12463- 000J\ 9759I1v7. doc 34
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harmless the City, its Council members, officers, directors, employees, agents, consultants, successors and assigns ( hereinafter " City Indemnified Parties"), from and against all claims for actual damages ( including but not limited to special and consequential damages), natural resources damages, punitive damages, restitution, injuries, costs, response costs, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses ( including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any ofthe foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred, suffered by, or asserted against, the City Indemnified Parties, arising out of or resulting from any repair, cleanup, detoxification, or preparation and implementation of any removal, remedial, response, closure, corrective action or other plan ( regardless of whether undertaken due to governmental action), concerning the release or threatened release of any hazardous substance or Hazardous or municipal Solid Waste at any place where Hazardous or Solid Waste is or has been transported, transferred, processed, stored, disposed of, or has otherwise come to be located by Contractor pursuant to this Agreement, which may result in a release of Hazardous Waste or hazardous substance into the environment. As used herein, the phrases " hazardous substance" and " Hazardous Waste" shall coincide with the broadest definition thereof contained in any present or future federal or state laws. The foregoing indemnity is intended to operate as an agreement pursuant to Section I07( e) of the Comprehensive Environmental Response and Liability Act (" CERCLA"), 42 V.S. C. Section 9607( e), and California Health and Safety Code Section 25364, to defend, protect, hold harmless, and indemnify the City Indemnified Parties from liability. This provision shall survive the termination of this Agreement between Contractor and City. The foregoing indemnity shall not have any dollar limitation. The foregoing indemnity is for the exclusive benefit of the City Indemnified Parties and in no event shall this indemnity inure to the benefit of any third party.

The foregoing indemnity shall not apply with respect to: ( 1) any Hazardous Waste or hazardous substance generated by City and delivered by City to Contractor; ( 2) the closure and post- closure of Meyers Landfill; ( 3) the disposal or release of hazardous substances or Hazardous Waste, which disposal or release has resulted from the negligence or willful misconduct of City in collecting or delivering hazardous substances or Hazardous Waste in City vehicles to Contractor' s facilities; or ( 4) Contractor' s operation of the PHHWCF, unless the release is caused by the negligence of Contractor. This indemnity shall include and cover any activities of Contractor under the Prior Agreements. Nothing in these exclusions shall be deemed a waiver of any other rights or claims City may have against Contractor independent of this indemnity.

C. AB 939 Indemnification. Contractor shall protect, defend with counsel reasonably acceptable to City, indemnify, and hold City harmless from any and all fines, penalties, and assessments levied against or threatened to be levied against the City for City' s failure to meet the requirements of AB 939, its amendments, or any successor legislation and all rules and regulations promulgated thereunder, but only to the extent such liability is caused by Contractor' s failure to comply with Contractor' s express obligations under this Agreement or Contractor' s failure to comply with laws, rules, or regulations binding on Contractor, including but not limited to failing to timely supply City with information or reports in order to comply with AB 939. Contractor is not obligated to indemnify City for fines or penalties caused by City' s modifications of Contractor' s information, by City' s change in the scope of work hereunder that materially and negatively affects the ability of Contractor to perform diversion activities that would facilitate City' s compliance with AB 939, or by City' s acts or omissions that 12463- 000 1 \ 975911 v7 .doc 35
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result in City' s failure to provide timely reports to the state. In addition, Contractor' s duty to indemnify under this paragraph ( C) is su~ject to the following restrictions:
1) Contractor' s obligation to indemnify City shall not be enforceable if the penalty imposed by the CIWMB is based solely upon City' s failure to establish and maintain a source reduction and recycling element pursuant to Sections 41000 et~. of the Public Resources Code.
2) No payment required under the Contractor' s obligation to indemnify City may exceed that portion of any penalty assessed by the CIWMB against the City that was attributable to Contractor' s failure to comply with an express obligation or requirement of this Agreement. Further, Contractor shall not be liable under the indemnity obligation to the extent that Contractor' s breach or noncompliance resulted from City' s action or failure to act, determined as a result of judicial review, hearing or appeal to the California Integrated Waste Management Board.

SECTION 28 - GENERAL PROVISIONS
A. Force Ma1eure. Contractor shall not be in default under this Agreement if Contractor' s collection, processing, transportation, or disposal services are temporarily interrupted or discontinued for reasons outside the reasonable control of Contractor, including but not limited to riots, wars, sabotage, civil disturbances, acts of terrorism, insurrection, explosion, natural disasters such as floods, earthquakes, landslides and fires, strikes, lockouts and other labor disturbances, excessive snow, acts of God, or other similar or dissimilar events.

Other events do not include the financial inability of Contractor to perform, or the failure of Contractor to obtain any necessary permits or licenses from other governmental agencies, or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Contractor. If a labor disturbance interrupts the collection, transportation, or disposal of solid waste by Contractor as required under this Agreement, City may elect to exercise its rights under Section 16 of this Agreement.

B. Independent Contractor. Contractor is an independent contractor, and not an officer, agent, servant, or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor. Neither Contractor nor its officers, employees, agents, or subcontractors shall obtain any rights to retirement or other benefits that accrue to City employees.

C. Right of Entry. Contractor shall have the right, until written notice revoking permission to pass is delivered to Contractor, to enter or drive on any private street, court, place, easement or other private property for the purpose of collecting and transporting solid waste pursuant to this Agreement.

D. Law to Govern: Venue. The law ofthe State of California shall govern this Agreement. In the event of litigation between the panies, venue in state trial courts shall lie exclusively in the County ofEl Dorado. In the event of litigation in a U. S. District Court, exclusive venue shall lie in the Eastern District of California. 12463. OQOI\ 975911v7. doc 36
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E. Fees and Gratuities. Contractor shall not, nor shall it permit any agent, employee, or subcontractor employed by it, to request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for the collection of solid waste otherwise required to be collected under this Agreement.

F. Prior Agreements and Amendments. No amendment of this Agreement shall be valid unless in writing duly executed by the parties. This Agreement contains the entire agreement between the parties, and no promises, representations, warranty, or covenant not included in this Agreement have been or are relied upon by either party. This Agreement is intended to supersede and replace all prior agreements between the parties, except as otherwise specifically provided in this Agreement.

G. ComDliance With A2I'eement. Contractor shall comply with all applicable provisions ofthe South Lake Tahoe City Code, and with all amendments to those applicable provisions during the term of this Agreement, provided that such provisions are not inconsistent with the teoos of this Agreement.

H. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by telecopier or United States certified mail, postage prepaid, return receipt requested, addressed as follows:

To Contractor: Jeff Tillman, President
South Tahoe Refuse Co, Inc.
2140 Ruth Avenue
South Lake Tahoe CA 96150
To City: City Manager
City of South Lake Tahoe
1901 Airport Road
South Lake Tahoe, CA 96150
or to such other address as either party may from time to time designate by notice to the other given in accordance with this paragraph. Notice shall be deemed effective on the date personally served or sent by telecopier or, ifmailed, three business days from the date such notice is deposited in the United States mail.

1. Savings Clause and Entiretv. If any non-material provision of this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of that provision shall not affect the validity and enforceability of any ofthe remaining provisions of this Agreement.

J. Exhibits Incorporated. The attached Exhibits " A" through " G" are incorporated in this Agreement by this reference.

K. Joint Draftin,g. This Agreement was drafted jointly by the parties to the Agreement.

L. Judicial Review. Nothing in this Agreement shall be construed to prevent either party from seeking redress to the courts for the purposes of legal review of administrative proceedings in regard to rate review and approval, or City' s actions taken pursuant to this 12463- 0001\ 97591Iv7. doc 37
240
Agreement, or for the purpose of interpreting or enforcing the provisions contained in this Agreement.

M. Police Powers. Nothing in this Agreement is intended to or may limit City' s authority pursuant to its police power.

N. Successors and Assigns. Subject to the other terms and conditions herein, this Agreement shall be binding upon and inure to the benefit of the respective successors, permitted assigns, administrators and trustees of City and Contractor.

O. Survival. All confidentiality and indemnification provisions of this Agreement shall survive termination of this Agreement.

P. Administrator. The City Manager, or the City Manager' s designee, is responsible for administering this Agreement.

TO EFFECTUATE THIS AGREEMENT, City and Contractor have caused this Agreement to be executed on the dates set forth below the authorized signatures. z: /~AU4... ., City Clerk
12463- 0001\975911 v7. doc

CITY OF SOUTH LAKE TAHOE
Bd~~
Mayor \
Date: A~\ J~ ~ I, 9. 01c::

SOUTH TAHOE REFUSE CO., INC.
a California corporation
By:

Its:
d0l:::>\
38 241

EXHIBIT A
SOUTH TAHOE REFUSE CO., INC.

DEFINITION OF FRANCHISE AREA
The area for which this franchise is granted and to which it shall apply includes all territory within the boundaries of the City of South Lake Tahoe, California, as those boundaries now exist and may hereafter be expanded or contracted by annexation or de- annexation. 12463- 0001\ 97591Iv7, doc A- I
242

EXHIBIT B

LEVEL OF SERVICE

1. GENERAL
Contractor will perfonn the following services under the Agreement:

Weekly Solid Waste Collection
Residential service using existing 32 gallon " trash cans" Commercial service using existing 32 gallon "trash cans," bins, or compactors Commercial commingled recycling for high volume generators House service at no additional charge for disabled or frail elderly residential customers Recyclable Materials processing and marketing services
Green Waste Materials processing and marketing services Other services include:

Transfer Station services for recycling and disposal by self-haul public customers Pennanent Household Hazardous Waste Collection Facility for residents and CESQGs Consolidation Point for Home- Generated Sharps
Certified oil collection facility
Annual Clean Tahoe Day Event
Christmas tree collection recycling program
Certified Recycling buy-back center
Additional programs as mutually agreed upon by City and Contractor and funded as set forth in Section 6.A.

2. SOLID WASTE COLLECTION
The Solid Waste Collection Services will include the following services:

Residential Solid Waste Collection
Commercial Solid Waste Collection
Contractor is responsible for collecting and transporting Solid Waste to Disposal, Transfer, or Materials Recovery Facilities. Contractor will confonn to the applicable receiving facility' s unloading standards and hours of operation. Contractor is responsible for paying the tipping fee at the applicable receiving facility for all tonnage delivered that relates to the Collection Services.

Residential Service
Contractor will provide weekly Solid Waste collection services to residential customers.

Residential collection consists of mandatory unlimited service in all portions of the Franchise Area. Residents will be serviced on a one- time per week basis. The collection service will include collection at the curb using e1ither manual, semi- automated, or automated collection vehicles. Disabled and frail elderly residential customers shall be provided house service at no cost in accordance with the City' s qualifying procedures. 12463- 0001\ 975911v7, doc B- 1
243
Commercial Service
Contractor will collect Solid Waste generated by commercial customers with container sizes and collection frequencies that serve the needs of the customer.

Multi-Family and Mobile Home Park Solid Waste Collection Contractor will collect Solid Waste from Multi- family and Mobile Home Park customers in accordance with the City' s mandatory collection ordinance.

Debris Box and Compactor Solid Waste
Contractor will provide compactors and debris boxes for regular and on-call residential and commercial customers. The debris box size will be variable and will include debris boxes providing 6, 8, 20, 30, and 40 cubic yards of capacity. Contractor will arrange, on an on- callbasis, to provide customers with debris boxes sized to appropriately service their needs.

Contractor is responsible for collecting the compactor or debris box and transporting it to the applicable Disposal, Transfer, or Materials Recovery Facility. Contractor must conform to the facility' s receiving and unloading standards.

3. COMMERCIAL RECYCLING
Contractor may, at its option, provide Recyclables collection to commercial customers.

4. GREEN WASTE MATERIALS COLLECTION
Upon completion of Phase I of the Resource Recovery Facility, and upon mutual agreement between City and Contractor, a Green Waste program will be developed in accordance with the provisions of Section 6.A.

5. RECYCLABLE MATERIALS PROCESSING AND MARKETING
Contractor is responsible for all Recyclable and Green Waste Materials processing and marketing services associated with the collection ofRecyc1able and Green Waste Materials.

Contractor shall provide adequate processing facility capacity. In meeting this obligation, Contractor may purchase, lease, subcontract, or make other arrangements with a new or existing facility for the processing and marketing of the Recyclable and Green Waste Materials collected in the City. Ownership or leasing arrangements will be the sole responsibility of Contractor.

Contractor is responsible for ensuring the technical and environmental suitability of any processing site for its intended purpose. Contractor will be compensated for Recyclable and Green Waste Materials processing and marketing solely through the Service Rates.

Contractor shall arrange for the transportation of the Recyclable, Green Waste, or other Solid Waste Materials to the processing, transfer, or disposal facility. If Contractor chooses to consolidate the Recyclable or Green Waste Materials to reduce transportation costs to a distant processing site, Contractor will be responsible for obtaining and operating a staging area for temporary storage, consolidation, and loading of materials into transfer vehicles for long- hauling to the processing facility. '
12463- 0001\ 9759] 1 v7. doc B-2
244
In accordance with the terms of this Agreement, Contractor shall receive and process the source- separated Recyclable and Green Waste Materials, prepare Recyclable and Green Waste Materials for markets, and market the recovered materials for sale, reuse, or other beneficial purposes. All revenues derived from the sale of Recyclable or Green Waste Materials will be retained by Contractor.

By mutual written agreement, Contractor will process and market additional types of Recyclables.

Disposal of residue remaining after segregation of the Recyclable and Green Waste Materials is Contractor' s
responsibility. The costs of residue transportation and disposal will be borne by Contractor and shall be included in the Service Rates.

6. CHRISTMAS TREE COLLECTION
Contractor will, without additional compensation, collect all Christmas trees discarded by all Single-family, multi- family, and mobile home park residents for each collection route during the first two regularly scheduled collection days after Christmas Day. Christmas trees must be cut to three foot by three foot dimensions and placed next to the cart on the scheduled service day.

Residential customers will also have the option to deliver their trees to the South Tahoe Refuse Transfer StationIMRF facility during the month of January at no charge to the customers.

7. BULKY ITEMS PICK- UP BY APPOINTMENT
Contractor shall provide Bulky Item pick-up service on an as-requested basis, by appointment, for an additional charge and at rates to be negotiated in good faith by Contractor and City.

Customers will be required to contact Contractor to arrange for an appointment to collect their Bulky Items.

8. HOUSE SERVICE FOR DISABLED AND FRAIL ELDERLY RESIDENTIAL

CUSTOMERS
Qualified individuals requiring house service due to physical disability or frailty, and as determined by the City' s qualification procedure, will be provided this service by Contractor at no additional fee. The house service will include collection of Solid Waste, Recyclable Materials, and Green Waste Materials.

9. E- W ASTE COLLECTION PROGRAM
If City opts to phase out its current single day collection event for electronic waste ( e. g., computers), City and Contractor will work in cooperation to have Contractor establish a curbside collection program for E- Waste, upon terms and at rates that are mutually agreed upon by the parties.

10. MANDATORY SERVICE
Contractor shall provide mandatory collection service in accordance with City' s mandatory collection ordinance.
12463- 0001\ 975911 v7.doc B- 3
245
246

EXHIBIT C

SCHEDULE OF RATES
I. CONTRACTOR' S RATES ON COMMENCEMENT DATE
South Tahoe Refuse
RATE INCREASE OF 9% Monthly Quarterly
EFFECTIVE JANUARY 1, 2007
RESIDENTIAL ( Quarterly/ Advance)
City of SL T Residential (Mandatory Unlimited)
unlimited service 21.76 65. 28
mandated pickup per 32- gal can/bag 4.45
mandated pickup per cubic yard 29. 80
qualified senior rate 18. 62 55. 86
House Service = Outside front door/ garage ( NOT Unlimited Service) house service: 1 can 24. 78 74.34
house service: 2 can 27. 81 83.43
house service: 3 can 30. 84 92.52
COMMERCIAL RATES ( Monthly/Arrears)
City of SLT Commercial
Service Charge all Non- Scheduled City Commercial Pickups Does Not Apply to Commercial Can Service 3. 02

24. 10
per cubic yard 24. 10
extra yard 3.32
per32-galcanlbag 3.32
extra 32- gal can/bag 4. 12
per 45- gal canlbag 4.12
extra 45- gal canlbag 33. 82
compacted rate per yard 33. 82
extra compacted yard
12463- 0001\975911 v7. doc C. I
247
II. GAIE RAIES

TRANSFER STATION RATES
EFFECTIVE JANUARY 2007*
1 Can
2 3
4 5
6 7
8 9
10 4.15

8. 30

12. 45

16. 60

20. 75

24. 90

29. 05

33. 20

37. 35

41. 50
Tires Each
uo to 19" 2. 25
19" to 24" 10. 00
25" to sm. Loader 14. 35
Lg. Tractor 114.40
I Appliances 13. 60 I

30. 95

10. 50
Mattresses 13. 60
Furniture Lg 13. 60
small) 8.50
ACQuatic weed 20. 70
Sod 37.50
Slash 16.50
Slash ( clean) 9. 40
Wood Chips 6. 00
Stumps 20. 20
Pine Needles 9.40
Concrete 73. 70
Asphalt 69. 65
Dirt 58. 90
Mixed 67. 60
Clean 18. 70
TV' s/ Monitors 25. 00
Propane Tanks 7. 50
Comoressed Cvlinders 7. 50
Florescent Bulbs 1.00
I Yard
1 1/ 2
2 21/ 2
3 31/2
4 41/ 2
5 5 1/ 2
6 61/ 2
7 7 1/ 2
8 81/2
9 91/ 2
10 101/ 2
11 11 1/ 2
12 12 1/ 2
13 13 1/ 2
14 141/2
15 15 1/2
16 161/2
17 171/2
18 181/ 2
19 191/2
20 13.10

19.65 26. 20

32. 75

39.30 45. 85

52.40 58. 95

65. 50

72.05 78. 60

85. 15

91.70 98. 25
104. 80
111.35
117. 90
124. 45
13 1.00
137.55
144. 10
150. 65
157. 20
163. 75
170. 30
176. 85
183. 40
189. 95
196. 50
203. 05
209. 60
216. 15
222. 70
229. 25
235. 80
242.35
248. 90
255. 45
262. 00
Contractors Steel 6. 80
MSW Com acted 26. 20
Commencing September I, 2007. Contractor shall add a 5.34% surcharge to these transfer station rates, the proceeds of which shall be paid to City quarterly, at the same time as the franchise fees, for the purpose of ~upporting City' s programs. activities and personnel that relate to the abatement of nuisances attributable to the accumulation of solid waste. Unless otherwise agreed to by the parties, the amount remitted by Contractor to City will not be less than Eighty Thousand Dollars ($ 80,000) per rate year during the tenn of this Agreement; provided, however, thatlhe minimum to be paid for the panial rate year commencmgon September \, 2007, and ending on December 31, 2007, shall be the sum of Twenty- Six Thousand Six Hundred Sixty- Six Dollars and Sixty- Seven Cents ($ 26,666,67), Commencing with rate year 2008. the Eighty Thousand Dollar ($ 80. 000) minimum is to be calculated on a cumulative basis during the tenn ofthc Agreement. By way of example. if during rate years 2008, 2009, and 2010, Contractor remits the sum of Ninety Thousand Dollars ($90. 000) per year to City, and in rate year 2011 the surcharge on the rates only generates Seventy Five Tnousand Dollars ($ 75, 000). then Contractor would not be required to make up tne deficiency and would still have a Twenty- Five Thousand Dollar ($ 25, 000) credit to be applied in the future, 12463- 0001\ 975911 v7. doc C- 2
Rev. 7/ 31/07
248
249
250
251
252

EXHIBIT F

CONTRACTOR' S OPERATIONS PLAN

FOR THE MATERIALS RECOVERY FACILITY
STR owns and operates the Transfer StationlMaterial Recovery Facility (MRF), a large volume transfer/ processing facility located in the City of South Lake Tahoe, EI Dorado County, California. Material recovery operations at the MRF supplement those conducted at the STR Recycling Buy- Back Center serving the public under the California Redemption Value program. The MRF serves as the centralized facility for material recovery operations to meet the waste diversion goals set forth in AB 939, which is the California Integrated Waste Management Act of 1989. AB 939 set forth California' s renewed commitment to the conservation of natural resources and reaffirmed the need for solid waste reduction, reuse and recycling. Detailed information on facility operations and conformance with regulatory requirements is provided in the Transfer Processing Report submitted under Solid Waste Facilities Permit No. 09- AA- 0002 for the South Tahoe Refuse Transfer StationlMaterial Recovery Facility.
12463- 0001\ 975911 v7. doc F- l
253

EXHIBIT G

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
11I1 III 1111 III 1111111111 111111111111111" 1II11111
El Dorado. County Recorder .

Uilliam Schultz Co Recorder OffIce
DOC- 2007- 0059642- 00
Acct 110- CITY OF SO LAKE TAHOE
Tuesday, SEP 18, 2007 08: 23: 27
Ttl Pd $ 0. 1 Nbr-0001024344
JlB/ C1/ 1- 4
City of South Lake Tahoe
1901 Airport Road
South Lake Tahoe, CA 96150
Attn: City Clerk

RESTRICTIVE COVENANTS AGREEMENT
THIS RESTRICTIVE COVENANTS AGREEMENT is dated as of
6T ~ I , 2007, and is executed by SOUTH LAKE TAHOE REFUSE CO., INC., a Ca rnIa corporatIon (" Owner") In favor of the CITY OF SOUTH LAKE TAHOE, a mUnIcIpal corporation of the State of California (" City").

Recitals
A. Owner is the fee owner of record of certain real property in the City of South Lake Tahoe, California, described on Exhibit "A" attached hereto ( the " Land") and all improvements thereon ( said Land and improvements being collectively referred to as the " Property").

B. Owner and City have entered into that certain Solid Waste Services Agreement dated A~\ J~.;t :;' 1 , 2007, the terms of which require Owner and City to execute, acknowle , and record this Restrictive Covenants Agreement with respect to the Property as a condition precedent to City' s disbursement of certain funds collected from ratepayers for the purpose of financing construction of a Resource Recovery Facility on Owner' s Property.

Restrictions
NOW, THEREFORE, in consideration of City' s disbursement to Owner of funds collected from ratepayers for the purpose of financing construction of a Resource Recovery Facility on Owner' s Property, the parties agree as follows:

1. Use. Owner covenants that Owner shall use the Property for the construction and operation of a Resource Recovery Facility only and in accordance with all applicable laws.

2. Transfer of Property or Change in Control. Owner agrees that Owner will not convey, encumber, or otherwise transfer the Property or any interest therein, nor shall Owner pennit or suffer a sale of or change in control of Owner, without the prior written consent of City as provided for in the Solid Waste Services Agreement; provided, however, that the Owner may 12463- 0001\975911v7.doc G- I
254
059642
encumber the Property for the sole purpose of financing construction of the Resource Recovery Facility.

3. Term. This Agreement will remain in effect for the period commencing with the date of disbursement, of funds by City to Owner, as provided for in the Solid Waste Services Agreement, and ending on the expiration date of that Solid Waste Services Agreement.

4. Successors and Assigns: Runs With Land. This Restrictive Covenants Agreement shall bind and inure to the benefit of the successors and assigns of City and shall bind and encumber the Property such that it " runs with the land". This Restrictive Covenants Agreement benefits the City and the City' s residents, and all real property owned by the City.

5. Construction of Agreement. The provisions of this Agreement will be liberally construed to effectuate its purposes. The provisions of this Agreement are deemed to be independent and severable, and the invalidity or partial invalidity or unenforceability of anyone provision, or portion thereof, will not affect the validity or enforceability of the remainder. The various headings in this Agreement are for convenience only and will not affect the meaning or interpretation of this document.

6. Attorneys' Fees. In any action brought to declare the rights granted in this Agreement or to enforce any of its tenns, the prevailing party will be entitled to an award of reasonable attorneys' fees in the amount determined by the court.

7. Notices. Any notice sent to Owner under the provisions of this Agreement will be deemed to have been received when mailed, with postage prepaid, to the last known address of Owner, or in the case of personal delivery, upon delivery to such last known address of Owner. Any notice sent to City must be properly addressed with postage prepaid, or personally delivered to the attention ofthe City' s City Manager.

8. Amendments. This Agreement may be amended only by the mutual consent of Owner and City. Any such amendment must be by written instrument duly executed by the parties and recorded in the Office of the El Dorado County Recorder.

TO EFFECTUATE THIS RESTRICTIVE COVENANTS AGREEMENT, the parties have caused this instrument to be executed by their duly authorized representatives.

CITY OF SOUTH LAKE TAHOE
B~
SOUTH LAKE TAHOE REFUSE CO., INC.

By ~~~ 2_
ide

ALL SIGNATURES MUST

BE ACKNOWLEDGED)
12463-0001\ 97591lv7,doc G-2
255
256
059642
EXHIBIT" A"

LEGAL DESCRIPTION OF THE LAND

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,

COUNTY OF EL DORADO, CITY OF SOUTH LAKE TAHOE, AND IS DESCRIBED AS FOLLOWS:

LOT 28, BLOCK 1 OF TAMARACK SUBDIVISION, FILED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF EL DORADO. STATE OF CALIFORNIA ON FEBRUARY II, 1946 IN BOOK A OF MAPS AT PAGE 35.

ASSESSORS PARCEL NO.: 023- 201- 02- 100
12463- 0001\ 97591Iv7. doc rev. 8120/ 07 G-4
89/ 18/ 2" 7,28871159642 257
Switch to 3-cart collection system:

Compliance Plan for California’s SB 1383
258
Basics of the system ► Customers receive carts for: ► Yard waste – Green lid ► Recyclables – Blue lid ► MSW – Grey/black lid  Bear-resistant options ► Each material picked up in separate truck
► Alternate weeks for
recycle/yard waste
► Continue to service bear boxes
manually
259
Compliance with State Requirements
► Part of SB 1383 to separate material at
collection source
► Goal of reducing organic material going to
landfill (75% of 2014 levels by 2025)
► City received waiver for curbside food
waste, but still required to collect/recycle
yard waste
► CalRecycle requires containers be provided
and determines colors of containers &
labeling
260
Employee Safety
► Minimize manual lifting
► Reduce walking/jogging between stops
► Currently, STR collection helpers walk or jog
7-12 miles per day and can lift more than 500
cans/bags
► Reduce risk of winter slip & fall injuries
► Reduce injuries from opening bags on MRF Line
► Eliminate dangers from sharp/hazardous
material
► Ratepayer savings: reduced risk of injury =
reduced work comp premiums
In one community that switched from manual
collection to automated, worker injuries were
reduced from 23 per year to 3 per year.
261
Additional Benefits ► Eliminates plastic blue bags
and yard waste bags  STR to work with
jurisdictions on seasonal
yard waste programs
► Capture more yard waste
and recyclables for
diversion  Estimate we’ll recycle at
least 2x more green waste
262
How we arrived at this point
► Industry expert for consultation: Mike Davis
 Operations specialist with over forty years experience in solid waste  Spearheaded the conversion of manual residential collection of solid waste and recyclables to automated collection in the Midwest Region of Republic Services ► Analyzed existing routes and services
► Developed recommendations for routes & equipment based on analysis and our unique situation
263
Examples of New Equipment
• Rear loader with cart tipper
• MSW, services carts and bear boxes
• Driver plus helpers
• Automated Curotto truck
• Recycle and yard waste cart service
• Driver only, right hand steer
• Mini Side Loader
• Services hard to access areas
• 4-wheel drive
• Driver plus helper
* All trucks will be compliant with current CARB
regulations and STR will be monitoring CARB
decisions that may affect equipment purchases
264
Program Expenses
► Purchase of carts: 67,348
► Purchase of trucks with cart tippers
► Cart delivery truck & staff dedicated to
cart delivery/pickup/service calls
► Cart staging area for initial deployment
► Cart storage facility (TBD)
► Extensive customer service outreach for
roll-out of program
► Staffing: 3 additional drivers plus 2 new
positions for route logistics and
customer service
265
Timeline & Next Steps
► Implementation goal is Spring/Summer 2024
► Must begin ordering equipment January 2023
► Amendments to franchise agreements critical to secure financing Step Description Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Dec Jan Feb Mar Apr May Jun 1 3-cart program application submittal
2 JPA & STR commitment
3 Obtain preliminary financing/bridge loan
4 Order trucks and totes
5 STR prepares/submits base year rate application
6 Anticipated franchise extension approval
7 Crowe review base year & 3-cart apps/final report to JPA 8 Notify customers of rate hearing
9 Receive approval of rates from City Council & County Boards 10 Implement new rates 1/1
11 Anticipated roll out of new totes/routes
12 First loan payment due
Nov
2022 2023 2024
266
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: January 10, 2023
Agenda Item #: 12
Agenda Item: Ordinance Approving One-Year Electric Franchise Agreement with Liberty Utilities (First Reading)
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 informed the City that they are not willing to enter into any MOU. Therefore, in accordance with prior Council direction, staff recommends entering into a one-year franchise agreement to allow the time to explore potential alternatives to a long-term franchise agreement with Liberty Utilities including 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.

Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of an Ordinance Approving a Franchise Agreement with Liberty Utilities for the Purpose of Transmitting Electricity and Other Commodities Under, Along, and Across City Streets, and refer to second reading and adoption to the January 24, 2023 meeting.

Responsible Staff Member: Heather L. Stroud, City Attorney Responsible Staff Member: Heather L. 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 - Liberty Franchise Ordinance.docx
03 - Reso. No. 2022-148 Resolution of Intent.pdf
04 - City Letter to Liberty Utilities.pdf
05 - Liberty's Response to City.pdf
06-Proof of Publication.pdf
267
Council Agenda Report- January 10, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 10, 2023
Title: Ordinance Approving One-Year Franchise Agreement with Liberty Utilities (First Reading)
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.
268
Council Agenda Report- January 10, 2023 Page 2 of 2
Issue and Discussion:

On November 15, 2022, City Council adopted a resolution of intent to enter into a one-year franchise agreement with Liberty Utilities. City Council provided direction to explore potential alternatives to this franchise agreement in the future, specifically exploring the possibility of creating a municipal electrical utility. The one-year 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.

At the meeting on November 15, City Council also directed that the City Manager send a letter to Liberty Utilities requesting certain information with a response due prior to this public hearing so that Council could consider Liberty Utilities’ response as part of this action. A copy of the City Manager’s letter and Liberty Utilities’ response are included in the materials for this item.

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. 269
Ordinance 2023-XXX January 10, 2023 Page 1 of 4
Ordinance 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
January 24, 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 January 10, 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 271
Ordinance 2023-XXX January 10, 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 January 10, 2023 Page 4 of 4
Adopted by the City of South Lake Tahoe City Council on January 24, 2023 by the following vote:

Yes:

No:

Abstain:

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

Published:

Second Reading:

Effective:
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Resolution 2022-148 November 15, 2022 Page 1 of 1
Resolution 2022-148
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: Bass, Creegan, Friedrich, Middlebrook and Wallace
Date:_________
Devin Middlebrook, Mayor
Attest:

Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.

Sue Blankenship ( Nov 16, 2022 11: 54 PST)
Devin Middlebrook ( Nov 16, 2022 14: 17 PST)
Nov 16, 2022
274
Res 2022-148 Franchise to Liberty Utilities
Final Audit Report 2022- 11-16
Created: 2022- 11-16
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAABlG- Zw36_ Iipws- AI-uOqvwa0wM6tQ_ T Res 2022-148 Franchise to Liberty Utilities" History
Document created by jo Mcdonough ([email protected]) 2022- 11- 16 - 7:36:26 PM GMT- IP address: 128. 92.136. 146 Document emailed to Sue Blankenship ([email protected]) for signature 2022- 11- 16 - 7:36:59 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2022- 11- 16 - 7:54:24 PM GMT- IP address: 128. 92.136. 146 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2022- 11-16 - 7:54:34 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to [email protected] for signature 2022- 11- 16 - 7:54:36 PM GMT
Email viewed by [email protected]
2022- 11- 16 - 10:17:06 PM GMT- IP address: 66.189. 255. 213 Signer [email protected] entered name at signing as Devin Middlebrook 2022- 11- 16 - 10:17:16 PM GMT- IP address: 66.189. 255. 213 Document e-signed by Devin Middlebrook ([email protected]) Signature Date: 2022- 11-16 - 10:17:18 PM GMT - Time Source: server- IP address: 66.189. 255. 213 Agreement completed.
2022- 11- 16 - 10:17:18 PM GMT
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Liberty Utilities (CalPeco Electric) LLC
933 Eloise Avenue
South Lake Tahoe, CA 96150
Tel: 800-782-2506
Fax: 530-544-4811
December 22, 2022

VIA ELECTRONIC MAIL
[email protected]
Joseph D. Irvin
City Manager
City of South Lake Tahoe
1901 Lisa Maloff Way, Ste.203
South Lake Tahoe, CA 96150
Dear Mr. Irvin:

In response to your November 28, 2022 letter, I write to provide information and additional context for you and the City Council regarding the ongoing franchise agreement negotiations between the City and Liberty.

Your letter begins with a request for factual information regarding the status of our franchise agreement discussion, Liberty’s status as a transmission customer of NV Energy, and Liberty’s 2022 Integrated Resources Plan (IRP). Then you pose specific questions aimed at gaining a better understanding of how Liberty can work with the City to achieve parts of Resolution 2021- 104 (December 7, 2021), a “Resolution to Aspire Towards Citywide 100 Percent Renewable, Carbon-Free Electricity, 24/7 by 2030.”
We address both your factual and policy-focused questions below.

The franchise agreement discussion
You take issue with a reference to “the City’s insistence on inserting its clean energy goals into this franchise agreement” in our November 14, 2022, letter to the City Council. You ask for acknowledgment that “the City offered a clean 5-year franchise agreement, with an accompanying MOU outlining priority areas of focus for cooperation between the City and Liberty, and the City’s 100% 24/7 goals were not inserted into the franchise agreement itself.” We cannot offer the acknowledgment you seek because the City has not offered a “clean” fiveyear franchise agreement. This is precisely the problem. The City offered a five-year franchise agreement with a memorandum of understanding (MOU) incorporated as an exhibit, and language conditioning extension of the abbreviated term of the franchise agreement on “meeting the milestones” in the MOU. We communicated then and reconfirm now, that a franchise agreement tied to an MOU is not appropriate or consistent with the franchise agreements that Liberty operates under in other cities. I will add that the proposed MOU itself included some services that we are already providing (e.g., assisting the City with EV charging development) and some services that are not legally permissible insofar as they would constitute preferential 284
Joseph D. Irvin
City Manager
City of South Lake Tahoe
December 22, 2022

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South Lake Tahoe City CouncilJanuary 10, 2023

South Lake Tahoe City Council
January 10, 2023