Agenda packet — South Lake Tahoe City Council, September 26, 2023

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.

City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, September 26, 2023 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe 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, YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live and via ZOOM at this link https://us06web.zoom.us/j/82385232072
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: 823 8523 2072 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 1 1. Proclamation Recognizing October 7-14, 2023 as "Fire Prevention Week"

2. City Council Meeting Minutes
[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.

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
Proclamations
Requested Action / Suggested Motions: Issue a Proclamation to South Tahoe Fire Rescue recognizing October 7-14, 2023 as "Fire Prevention Week" Responsible Staff Member(s): Susan Blankenship, City Clerk Item 1-Executive Summary.pdf
Proclamation - Fire Prevention Week.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 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.

Requested Action / Suggested Motions: Pass a Motion approving the August 22, 2023, and September 12, 2023, meeting minutes.
2 3. Purchase Agreement with Axon Enterprise, Inc. for Replacement Tasers for Police Department

4. Participation in the Fire Risk Management Services (FRMS) for City Health and Welfare Benefits

5. Reconciliation of Bond Proceeds and Other Funding for the Recreation Center Construction Project

6. Agreement with SoSu TV Corporation for City Council Chamber Audio-Visual Equipment Upgrades

7. Changes to Compensation and Benefits for Unrepresented Employees Responsible Staff Member(s): Susan Blankenship, City Clerk Item 2-Executive Summary.pdf
08 22 2023 Minutes.pdf
09 12 2023 Minutes.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a sole source purchase agreement with Axon Enterprise, Inc. for the purchase of forty-one (41) Taser 7 devices at a cost not to exceed $169,606.07.

Responsible Staff Member(s): Jeff Roberson, Police Lieutenant Item 3-Executive Summary.pdf
01-Staff Report - Police Department Taser Purchase.docx 02-Axon TASER 7 Quote (Discounted)
03- Taser Sole Source Justification
Requested Action / Suggested Motions: Pass a Resolution authorizing the City Manager to apply and participate in one or more health and welfare benefit programs offered by FRMS, for a minimum of three years.

Responsible Staff Member(s): Ember Buckman, Human Resources Manager Item 4-Executive Summary.pdf
01 - Staff Report - City Health and Welfare Benefits FRMS.docx 02 -2024 FRMS Medical Plan Designs.pdf
03 - RESOLUTION Authorizing Participation in FRMS_.docx Requested Action / Suggested Motions: Pass a Resolution Approving FY 2022-2023 Budget Appropriations Reconciliation of 2023 Series A Bond Proceeds and Other Funding Sources for the Construction of the Multi-Generational Recreation and Aquatics Center and Approving FY 2023- 2024 Budget Amendment for Bond Debt Service
Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 5-Executive Summary.pdf
01-Staff Report - Rec Center Funding Reconciliation.docx 02-Resolution - Budget Appropriations Reconciliation.docx Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute a sole source Professional Services Agreement with SoSu TV for the design, procurement, and installation of audio-visual equipment in the City Council Chamber for $108,416 plus 5% contingency of $4,876 for a total not to exceed amount of $113,292; and authorizing the Director of Finance to make appropriate budget adjustments.

Responsible Staff Member(s): Susan Blankenship, City Clerk Item 6-Executive Summary.pdf
01-Staff Report - SoSu TV Agreement for Chambers Upgrades.docx 02-Resolution - City Council Chamber Upgrades.docx
03-Professional Services Agreement with SoSuTV (Exh. 1 to Reso.).pdf 04-Sole Source Justification-Sosu TV.pdf
Requested Action / Suggested Motions: Pass a Resolution approving changes to compensation and benefits for un-represented employees, including the elected City Clerk.

Responsible Staff Member(s): Ember Buckman, Human Resources Manager Item 7-Executive Summary.pdf
02-Resolution - Compensation and Benefits for Unrepresented Employees.docx 03-Unrepresented_Employee_Group_Compensation_Package_2023-2026 (Exh. 1 to Reso).pdf 3 8. Memorandum of Understanding (MOU) with the Firefighters' Association

9. Potential Revenue Ballot Measures and Expenditure Plans for Housing, Transit, and Snow Removal for the November 2024 Election

10. Amendments to City Attorney and City Manager Employment Agreements

11. Employee Housing Bill of Rights

12. Registration Authorization - October 2023 Tahoe Science Conference 01-Staff_Report_-_Unrepresented_Compensation.docx
Requested Action / Suggested Motions: Pass a Resolution approving MOU with the Firefighters' Association
Responsible Staff Member(s): Ember Buckman, CGHR-CP, Human Resources Manager Item 8-Executive Summary.pdf
01 - Staff Report - South Lake Tahoe Firefighters MOU.docx 02 - Resolution - MOU Firefighters Association.docx
03 - MOU Firefighters' Association (EXH. A to reso).pdf Regular - Unfinished Business
Requested Action / Suggested Motions: Pass a Motion providing direction to the City Manager and City Attorney on whether to continue to work towards putting any of the following potential ballot measures on the November 2024 ballot: 1) Special Transit Occupancy Tax (TOT) Increase for Housing; 2) Special TOT Increase for Transit; 3) General TOT Increase; 4) Charter City and Increase to Real Property Transfer Tax; or 5) Increase Snow Removal Parcel Tax.

Responsible Staff Member(s): Joseph D. Irvin, City Manager and Heather L. Stroud, City Attorney Item 9-Executive Summary.pdf
01 - Staff Report - Potential Revenue Ballot Measures Nov. 2024.docx 02 - South Lake Tahoe VIA Comprehensive Transit Analysis.pdf 03- Charter City Stakeholder Meeting Summary of Comments and Questions.pdf 04 - November 2022 Ballot Measure Results.pdf
Regular-New Business
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute the Amended and Restated City Attorney and City Manager Employment Agreements as follows: (1) City Attorney Employment Agreement includes a new six-year term ending on October 2, 2029, and a base salary increase from $193,881 to $215,156; and (2) City Manager Employment Agreement includes a base salary increase from $196,350 to $222,397.

Responsible Staff Member(s): Ember Buckman, Human Resources Manager Item 10-Executive Summary.pdf
01-Staff Report - City Attorney and City Manager Employment Agreements.docx 02-Resolution - Amendments to City Attorney and City Manager Employment Agreements.docx 03-City Attorney Employment Agreement Amended and Restated.docx 04-City Manager Employment Agreement Amended and Restated (Exh. B to Reso.).docx 05-City Attorney Agreement_Redline.pdf
06-City Manager Agreement_Redline.pdf
Requested Action / Suggested Motions: Pass a Motion to provide direction to the City Manager on whether to create an Employee Housing Bill of Rights Ordinance and if so, the requirements of the Ordinance.

Responsible Staff Member(s): Jessica Wackenhut Lomeli, Associate Housing Planner and Zach Thomas, Housing Manager
Item 11-Executive Summary.pdf
01-Staff Report - Potential Employee Housing Bill of Rights Program.docx Requested Action / Suggested Motions: Pass a Motion authorizing the City Clerk to register 4 13. Agenda Planning Calendar
Councilmember(s) to attend the October 11-13, 2023, Tahoe Science Conference at a cost of $85 per person.

Responsible Staff Member(s): Susan Blankenship, City Clerk Item 12-Executive Summary.pdf
01-Staff Report - Travel Authorization.docx
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(s): Joseph Irvin, City Manager Item 13-Executive Summary.pdf
09 26 2023 Agenda Planning Calendar.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 September 26, 2023 meeting of the City of South Lake Tahoe City Council was posted and available for review on Thursday, September 21, 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 September 21, 2023
\\sb\\
Susan Blankenship, Elected City Clerk
5 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:1
Agenda Item: Proclamation Recognizing October 7-14, 2023 as "Fire Prevention Week" Requested Action / Suggested Motions: Issue a Proclamation to South Tahoe Fire Rescue recognizing October 7-14, 2023 as "Fire Prevention Week" Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:

Proclamation - Fire Prevention Week.docx
6 The City of South Lake Tahoe
Proclamation
Recognizing October 8-14, 2023 as
“Fire Prevention Week”
“Cooking safety starts with YOU. Pay attention to fire prevention.” Whereas, the City of South Lake Tahoe is committed to ensuring the safety and security of all those living in and visiting our city; and
Whereas, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and
Whereas, home fires killed more than 2,800 people in the United States in 2021, according to the National Fire Protection Association (NFPA®), and fire departments in the United States responded to 338,000 home fires; and Whereas, cooking is the leading cause of home fires in the United States and fire departments responded to more than 166,400 annually between 2016 and 2020; and
Whereas, two of every five home fires start in the kitchen with 31% of these fires resulting from unattended cooking; and
Whereas, more than half of reported non-fatal home cooking fire injuries occurred when the victims tried to fight the fire themselves; and
Whereas, children under five face a higher risk of non-fire burns associated with cooking than being burned in a cooking fire; and
Whereas, South Lake Tahoe’s residents should turn pot handles toward the back of the stove; always keep a lid nearby when cooking; keep a three-foot kid-free zone around the stove, oven, and other things that could get hot; watch what they heat; and set a timer to remind them that they are cooking; and Whereas, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and
Whereas, working smoke alarms cut the risk of dying in reported home fires almost in half; and Whereas, South Lake Tahoe’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and Whereas, South Lake Tahoe’s residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and Whereas, the 2023 Fire Prevention Week theme, “Cooking safety starts with YOU. Pay attention to fire prevention” effectively serves to remind us to stay alert and use caution when cooking to reduce the risk of kitchen fires.

Now Therefore, the South Lake Tahoe City Council do hereby proclaim October 8–14, 2023, as “Fire Prevention Week.” We urge all the people of South Lake Tahoe to check their kitchens for fire hazards and use safe cooking practices during Fire Prevention Week 2023, and to support the many public safety activities and efforts of South Lake Tahoe Fire Rescue.
_____________________ __________________________
Cristi Creegan, Mayor Susan Blankenship, City Clerk
7 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:2
Agenda Item: City Council Meeting Minutes
Requested Action / Suggested Motions: Pass a Motion approving the August 22, 2023, and September 12, 2023, meeting minutes.

Responsible Staff Member: Susan Blankenship, City Clerk Attachments:
08 22 2023 Minutes.pdf
09 12 2023 Minutes.pdf
8 08 22 2023 Minutes
City of South Lake Tahoe
City Council Budget Workshop
Meeting Minutes
Tuesday, August 22, 2023 at 9:00 am
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council Mission of the City Council
Cristi Creegan, Mayor The City was established to provide essential, Cody Bass, Mayor Pro Tem outstanding and cost-effective services that John Friedrich, Councilmember enhance environmental sustainability, economic Tamara Wallace, Councilmember vitality and the quality of life for our residents, Scott Robbins, Councilmember businesses and guests.

NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council members discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us
Call to Order/Pledge of Allegiance
At 9:02 a.m. Mayor Creegan called the meeting to order. Creegan then led the pledge of allegiance to the flag.

Roll Call
Present were Mayor Creegan, Mayor Pro Tem Bass, Councilmembers Friedrich, Robbins and Wallace.

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

Closed Session Report – 08 22 2023

1. Heidi Milhaufer, representative for Senator Alvarado-Gil – the Senator will begin office hours at City Hall

2. Ed Mosur – Riva Feldman audit report, Whole Foods audit report, channel 21 edit out breaks
Written Comment was received from the following people:

3. Gerald Barney – cell towers

4. Mabel Bell – cell towers

5. Jim Bohlen – Diana Madson

6. Shirly Briggs -cell towers

7. Asa Briggs – cell towers

8. Margaret Byers - broadband

9. John Carlos - over tourism

10. Oscar Cesare – government corruption

11. David Chain – environmental procedures

12. Edith Chase – cell towers, Tahoe Properity

13. Ernest Coe – cell towers

14. Theo Colborn – environmental concerns

15. Ralph Digia – cell towers

16. Granville Fortescue – scenic corridors, cell towers *2 comments received

17. Stella Gibbons - government corruption

18. Steven Hart – cell towers

19. Patrick Henry- cell towers

20. Polly Higgins – cell towers

21. Will Irwin – environmental concerns

22. Mike Judge – cell towers

23. Peter Lesgaft – cell towers

24. Philip McGraw – cell towers

25. Peter Norman - overtourism

26. David Sive – cell towers

27. Vasily Sleptsov – Ski Run Park

28. Wayburn – Danielle Hughes

29. Dennis Weaver – cell towers

30. Brent Wisner – Verizon, cell towers
Regular-Unfinished Business

1. Franchise Agreement with South Tahoe Refuse Co. for Solid Waste, Recycling, and Organics Services
Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Creegan, Friedrich and Wallace
No: Robbins
Action: Passed Res 2023-076 approving an exclusive franchise agreement C-170-2023 with South Tahoe Refuse Co. for solid waste, recycling, and organics services.

The following person addressed City Council:

1. John Marchin, South Tahoe Refuse
Public Comment was heard from the following people:

2. Ed Mosur

3. Amelia Richmond

4. Nick Speal
10 08 22 2023 Minutes
Regular-New Business

2. FY 2023-2024 Recommended Budget
Action: Moved/Seconded: Wallace/Friedrich
Yes: Bass, Creegan, Friedrich, Wallace and Robbins
Action: Passed Res 2023-076 Approving FY 2023-2024 Municipal Operating and Capital Improvement Program Budget and $2,000,000 Set-Aside from the General Fund Unassigned Undesignated Excess Reserves for 2024-2025 and 2025-2026 Budget Years; and (2) Passed Res 2023-078 Approving FY 2023-2024 List of Allocated Permanent Positions, including new, eliminated, and reclassified positions; City Council provided direction to the City Manager on the following: the need for an additional School Resource Officer for the Lake Tahoe United School District, and Parks and Recreation level of service analysis with lifeguard assessment.

Public Comment was heard from the following people:

1. Amelia Richmond and David Gregorich, Parks and Recreation Commission

2. Ed Mosur

3. Nick Speal

Adjournment
At 1:55 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.
11 09 12 2023 Minutes
City of South Lake Tahoe
City Council
Meeting Minutes
Tuesday, September 12, 2023 at 9:00 am
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council members discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us
Call to Order/Pledge of Allegiance
At 9:10 a.m. Mayor Pro Tem Bass called the meeting to order. Bass then led the pledge of allegiance to the flag.

Roll Call
Present were Mayor Pro Tem Bass and Councilmembers Friedrich, Robbins and Wallace. Mayor Creegan was absent.

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

Closed Session Report – 09 12 2023

1. Public Employee Performance Evaluations - Government Code section 54957(b)(1) Title: City Manager and City Attorney
Action: No reportable action.

2. Conference with Labor Negotiator - Government Code section 54957.6(a) Designated representative: Ember Buckman, Human Resources Manager Unrepresented employees:

City Manager and City Attorney
Action: No reportable action.

Closed Session Report – 08 22 2023

1. Conference with Legal Counsel - Existing Litigation - Government Code section 54956.9(d)(1) Case: Old Republic Title Co. v. Darren Cobrae et al., El Dorado County Superior Court Case No. 22CV1692
Action: By unanimous vote of council, authorized a settlement agreement (signed on September 5, 2023) involving an interpleader action over a dispute of funds. The settlement agreement resulted in $35,000 going to Cobrae et al. and $61,000 going to the City of South Lake Tahoe in exchange for dismissal of the case. 12 09 12 2023 Minutes

2. Conference with Legal Counsel - Existing Litigation - Government Code section 54956.9(d)(1) Case: Lukins Brothers Water Company, Inc. v. City of South Lake Tahoe, El Dorado County Superior Court Case No. 23CV0296 (consolidated with Greg and Jessica Hitchcock v. City of South Lake Tahoe, El Dorado County Superior Court Case No. 22CV1691)
Action: By unanimous vote of council, authorized a settlement agreement (signed on August 22, 2022) to resolve a dispute over the City’s zoning authority at 843 Hazel Drive, which is owned by Lukins Brothers Water Company. In the settlement, the Lukins Brothers dismissed their complaint without prejudice in exchange for the City forgoing enforcement action on the basis that the property was being primarily used as an industrial storage yard. The agreement requires and confirms that Lukins has installed infrastructure on the sight to be used in their water system.

Proclamations

1. Proclamation Recognizing 2023 as "National Suicide Prevention and Action Month"
Action: Issued a Proclamation to Angie Regan of Peace Love Tahoe, recognizing September 2023 as "National Suicide Prevention and Action Month"

2. Proclamation Recognizing September 17-23, 2023 as “National Constitution Week” Action: Issued a Proclamation to the Lake Tahoe Chapter of the Daughters of the American Revolution recognizing September 17-23, 2023 as "National Constitution Week"
Public Communications
Public Comment was heard from the following people:

1. Jeff Minor- Radon initiative and presentation request, distributed radon test kits

2. Stacey Ballard- Thankful for suicide prevention proclamation

3. Ed Mosur- Historic Redevelopment Agency Records

4. Diane Rees, Al Tahoe Fire Wise Leader- South Tahoe Refuse Franchise Agreement yard waste pickup
Written Public Communications were received from the following people:

1. Brent Wisner- cell tower

2. Edgar Wayburn- cell tower/ spread of COVID-19

3. Shirley Briggs- cell tower

4. Dorthy Parker- City Manager

5. Gustavus Myers- cell tower

6. George Marsh- City Manager

7. Peter Lesgaft- cell tower

8. Mike Judge- cell tower

9. Lionel Hutz- City Attorney

10. Anothy Holmes- website redesign

11. Paul Geske- City Clerk

12. Ernest Coe- cell tower

13. Edith Chase- cell tower

14. David Chain- cell tower

15. Margaret Byers- broadband internet access

16. Asa Briggs- cell tower

17. Ralph Abernath- Tahoe Heartbeat

18. Annie Alowa- Tahoe Prosperity Center

19. Evan Bevan- City Clerk

20. Ambrose Bierce- Mayor Creegan

21. Rob Bilott- Lake Tahoe Visitors Authority

22. Nellie Bly- Mayor Creegan

23. James Bramston- City Clerk

24. Oscar Cesare- City expenses
13 09 12 2023 Minutes

25. Saundra Edwards- Councilmember Wallace

26. Danny Elfman- Councilmember Wallace

27. Granville Fortescue- preservation efforts

28. Stella Gibbons- City Council

29. Collin Glass- cell tower

30. Warren Harding- Cory Rich and Chris McNamara

31. Will Irwin- Public Utility Easement

32. Udo Keppler- City Council

33. Thomas Lawrence- Heidi Hill-Drum

34. James Lowell- Lake Tahoe Visitor’s Authority

35. Walter Pinniped- Councilmember Wallace

36. George Shaw- Lew Feldman

37. Phuket Sherpa II- Cory Rich

38. Vasily Sleptsov- Ski Run Park Coverage

39. Richard Smothers- Director of Development Services

40. Jonathan Swift- Mayor Creegan

41. John Turner- Mayor Creegan and Councilmember Friedrich recusal

42. Paul Weitz- Councilmember Wallace, Jamie Orr
City Commission and Student Advisory Reports

1. Noosa Higgins, Student Advisory - STHS back to school night, vacancy for cross country ski team coach, Multicultural Festival participation, hazardous trail conditions in the Angora burn area.

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

Absent: Creegan
Action:  Passed Consent Agenda.

3. City Council Meeting Minutes
Action: Passed Motion 2023-072 approving the August 8, 2023 City Council meeting minutes.

4. Investment Portfolio Report – June 30, 2023
Action: Received and filed.

5. Fiscal Year 2022-23 Investment Policy and Authority
Action: Passed Resolution 2023-079 delegating investment authority to the City Treasurer and adopting the City Investment Policy for the fiscal year from October 1, 2023 to September 30, 2024.

6. Fiscal Year 2022-23 Quarterly Financial Status Report - Quarter Ending June 2023 Action: Received and filed.

7. Ordinance Establishing Residential Parking Permit Program (Second Reading) Action: Passed Ordinance 2023-1178 amending South Lake Tahoe City Code, Title 4, Chapter 4.25, Article V (Stopping, Standing and Parking) by adding Section 4.25.365 (Residential Parking Permit Program)

8. Ordinance Establishing Chain Control Zone (Second Reading) Action: Passed Ordinance 2023-1176 amending City of South Lake Tahoe City Code section

4.25.420 to establish angle parking on the east side of Ski Run Boulevard from David Lane to Regina Road and removing outdated angle parking areas.
14 09 12 2023 Minutes

9. Ordinance Establishing Angle Parking Zones (Second Reading) Action: Passed Ordinance 1177 amending City of South Lake Tahoe City Code section 4.25.420 to establish angle parking on the east side of Ski Run Boulevard from David Lane to Regina Road and removing outdated angle parking areas.

10. Hazardous Fuel Reduction Agreement with Mountain Enterprises, Inc.

Action: Passed Motion 2023-073 authorizing and directing the City Manager to execute a professional services agreement with Mountain Enterprises, Inc. in an amount not to exceed $136,969.50 for Lake Tahoe Airport Hazardous Fuels Reduction Project

11. Ratification of California Department of Alcoholic Beverage Control Grant Application and Award Action: Passed Resolution 2023-080 ratifying the application, authorizing the Chief of Police to accept and execute agreement, budget, and reimbursement of grant award by California Department of Alcoholic Beverage Control in Amount up to $98,136.00 to facilitate extra enforcement and education efforts for alcohol-related offenses for State fiscal year 2023/2024, effective July 1, 2023.

12. Appropriation for Airport Maintenance and Repairs of Pavement and Facilities Action: Passed Resolution 2023-081 authorizing the Finance Director to appropriate $150,000 from airport available fund balance into the airport expenditures for winter repair and general facilities maintenance.

Regular-Unfinished Business

13. Fire Station 3 Renovation or Replacement Options
Action: Moved/Seconded: Wallace/Friedrich
Yes: Bass, Friedrich, Robbins and Wallace

Absent: Creegan
Action: Passed Motion 2023-074 providing direction to the City Manager to: A) make minor renovations to 2nd floor only of Fire Station 3 for an estimated cost of $500,000; and D) to begin planning to construct a new one-story fire station on the adjacent Bank of Montreal site for an estimated cost of $19.75 million, $1.1 million for LEED gold certification, and a flashing beacon on US Hwy 50.

Public Comment was heard from the following people:

1. Al Martinez, Fire Station 3

2. Diane Rees

14. Chateau at the Village and Zalanta Project Update.

Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Friedrich, Robbins and Wallace.

Absent: Creegan
Action: Passed Motion 2023-075 providing direction to the City Manager regarding potential public financing options as follows: direct financial contributions for housing only, commitment to fee reductions, creation of a Mello-Roos Community Facilities District and special tax assessment to support bond sales, tax increment financing district, enhanced Infrastructure Financing District, and Infrastructure and Revitalization Financing District, to develop enforcement (blight, nuisance etc.) pursue a development agreement that includes a performance bond and strict timelines for development, include a structural engineer’s assessment on the parking area, and to pursue all avenues of development outside of this direction in case these conditions do not work with the current developer.

Public Comment was heard from the following people:

1. Ed Mosur

2. Seth Dallop

3. Michael Dickson, Imperium Blue Tahoe Holdings, LLC

4. Melissa, tennant

5. Calson Chan, Propriis
Written Public Comment was received from the following:

1. David Jinkens
15 09 12 2023 Minutes

15. Supplemental Commercial Linkage Fee Analysis
Action: Moved/Seconded: Wallace/Friedrich
Yes: Bass, Friedrich, Robbins and Wallace.

Absent: Creegan
Action: Passed Motion 2023-076 Providing direction to the City Manager to not prepare a commercial linkage fee ordinance at this time, but to continue keeping an eye on the market and to have staff come back to Council at the first available time possible to review this ordinance.

The following person addressed Council:

1. Aaron Nousaine, BAE Urban Economics
Regular-New Business

16. California Department of Housing and Community Development's Prohousing Designation Program
Action: Moved/Seconded: Friedrich/Wallace
Yes: Bass, Friedrich, Robbins and Wallace

Absent: Creegan
Action: Passed Resolution 2023-082 authorizing the City Manager to submit an application for participation in the California Department of Housing and Community Development's Prohousing Designation Program.

17. Affordable Housing Waitlist and Rental Registry Discussion Action: Moved/Seconded: Robbins/Wallace
Yes: Bass, Friedrich, Robbins and Wallace

Absent: Creegan
Action: Passed Motion 2023-077 providing direction to the City Manager to develop and return an ordinance for a registry of rental information to include rents and basic census information for all housing units three and over and all management companies that have business licenses within the City of South Lake Tahoe and is voluntary for all other rental units.

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

Absent: Creegan
Action: Passed Motion 2023-078 to conduct an affordable housing waitlist monitoring and quarterly reporting.

Public Comment was heard from the following people:

1. Scott

18. Financial Policy Amendments Regarding Cell Phones, Local Training and Meetings, Procurement, Grant Funding and Compliance, Travel, and Preserving Capital Investments, and New Financial Policy - Leases and Subscription Based Information Technology Arrangements (SBITAs)
Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Friedrich and Wallace
No: Robbins

Absent: Creegan
Action: Passed Resolution 2023-083 amending financial policies regarding Cell Phones, Local Training and Meeting, Procurement, Grant Funding and Compliance, Travel, and Preserving Capital Investments, and adopting New Financial Policy - Leases and Subscription Based Information Technology Arrangements (SBITAs).
16 09 12 2023 Minutes

19. Snow Removal Operations Agreement with Trella Tahoe, Inc.

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

Absent: Creegan
Action: Passed Resolution 2023-084 amending Fiscal Year 2023-2024 budget and authorizing and directing the Mayor to execute a contract with Trella Tahoe, Inc. for snow removal services at the Airport, Fire Department, Police Department, and Fire Rescue Facility, sidewalks not maintained by City Park forces, plus on-call service as needed for a term of November 1, 2023 to April 30, 2024 in an amount not to exceed $385,390.00.

Agenda Planning Calendar

20. Agenda Planning Calendar
Action: Received and Filed.

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

1. September 26 meeting will include an update on the transit study, potential ballot revenue measures and staff matters

2. Heidi Maierhofer, representative for State Senator Alvarado-Gil, will hold airport office hours at City Hall on Council meeting days from 2:30-4:30 on September 26, October 14, November 21, and December 12
City Clerk Blankenship:

1. Proclamation request from Kim George to recognize October as “Fire Prevention Month” Council provided consensus
Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Robbins:

1. Request for local housing preference for affordable housing (Wallace second)

2. Request for discussion of residential area zones that include SB-9 (Wallace second)
Councilmember Friedrich:

1. Request for radon presentation by Jeff Minor (Bass second)

2. Certificate of recognition for 2nd Annual Multicultural Festival from Senator Alvarado-Gil

3. Upcoming Tahoe Regional Planning Agency meeting
Councilmember Wallace:

1. Thanks to City staff for planning the Multicultural Festival Councilmember Bass

1. Attended Tahoe Transportation District meeting
Adjournment
At 3:46 p.m. Mayor Pro Tem Bass adjourned the meeting.
_____________________ _______________
Cody Bass, Mayor Pro Tem 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.
17 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:3
Agenda Item: Purchase Agreement with Axon Enterprise, Inc. for Replacement Tasers for Police Department
Executive Summary: The Police Department currently uses Axon Taser X-26P's as electronic control devices. This model of Taser will soon be phased out and unsupported by Taser. This agenda item seeks to authorize and direct the Mayor to enter into contract with Axon, the parent company of Taser for the purchase of equipment to replace Taser X-26P's agency-wide, with forty-one (41) Taser 7 units. The manufacturer has offered a $16,318.49 discount taking the purchase price to $169,606.07 from the original quote of $185,924.56.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a sole source purchase agreement with Axon Enterprise, Inc. for the purchase of forty-one (41) Taser 7 devices at a cost not to exceed $169,606.07.

Responsible Staff Member: Jeff Roberson, Police Lieutenant Reviewed and Approved By: David Stevenson, Chief of Police Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Police Department Taser Purchase.docx 02-Axon TASER 7 Quote (Discounted)
03- Taser Sole Source Justification
18 Council Agenda Report- September 26, 2023 Page 1 of 2 City of South Lake Tahoe
Report to City Council
Meeting Date: September 26, 2023
Title: Purchase of Police Department Tasers
Location: Citywide
Responsible Staff Member: Jeff Roberson, Police Lieutenant (530) 542-6521 Background: In 2004, The South Lake Tahoe Police Department adopted the Taser X26 as an Electronic Control Device as an intermediate force option to minimize injury to subjects resisting as well as officers. The Taser has been successfully used by our department for near twenty years. However, in the interim, the X-26 was replaced by the X26P, and the X-26 P is nearing the end of its service cycle and will soon be unsupported by Taser because of improvements in ECD technology.

Issue and Discussion: The Police Department seeks to replace our fleet of Taser X-26P ECDs with the Taser 7. The department recommends purchasing forty-one (41) Taser 7 units with support equipment and licenses from Axon Enterprises, the sole supplier of Taser products.

The purchase price $169,606.07 is discounted from the originally quoted $185,924.56. This discount is offered directly from Axon for the purchase of forty-one (41) Taser 7 units with support equipment and licenses.

This purchase will be the result of a sole source procurement as Axon is the only provider of the Taser 7 system. Additionally, the Taser 7 system is designed to complement features of the Axon body worn cameras assigned to each of our officers.

Financial Implications: This purchase has been authorized by City Council for the 2023- 2024 fiscal year. This purchase will come from the Police Administration Machinery and Equipment Account (10002110 46110) and the funds are available as the result of a transfer in from the Safety Sales Tax Prop 172 Account (23202110 50001).

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: This purchase supports Strategic Priority 5-Core Services and High Performing Government, specifically 5.1 Public Safety Action item One. Action Item One is to “ensure police, fire, snow removal receive adequate funding to provide exceptional service to our community.”
19 Council Agenda Report- September 26, 2023 Page 2 of 2 Pursuing the offered discount in this timeframe supports Strategic sub-Priority 5.5 Fiscal Sustainability, Resiliency and Transparency, “ensure wise stewardship/oversight of public resources to maintain long-term financial viability.”
20

Page 1 ends

Q-483491-45174.862TR
Issued: 09/05/2023
Quote Expiration: 09/30/2023
Estimated Contract Start Date: 11/15/2023
Account Number: 117025
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
1352 Johnson Blvd
1352 Johnson Blvd
South Lake Tahoe,
CA
96150-8200
USA
South Lake Tahoe Police Dept. - CA
1352 Johnson Blvd
South Lake Tahoe
CA
96150-8200
USA
Email:

Thom Ruseva-Mahan
Phone: +1 4804148450
Email: [email protected]
Fax: +1 4809993359
Russell Liles
Phone: (530) 542-6110
Email: [email protected]
Fax: (530) 542-6146
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $6,715.80 TOTAL COST $158,202.60
ESTIMATED TOTAL W/ TAX $169,606.07 TOTAL SAVINGS $33,579.00 Payment Summary
Date Subtotal Tax Total
Oct 2023 $31,640.52 $2,280.67 $33,921.19
Oct 2024 $31,640.52 $2,280.67 $33,921.19
Oct 2025 $31,640.52 $2,280.67 $33,921.19
Oct 2026 $31,640.52 $2,280.67 $33,921.19
Oct 2027 $31,640.52 $2,280.79 $33,921.31
Total $158,202.60 $11,403.47 $169,606.07
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
21

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Quote Unbundled Price: $191,781.60
Quote List Price: $173,208.60
Quote Subtotal: $158,202.60
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
T7Cert TASER 7 Certification Bundle 41 60 $77.96 $70.41 $64.31 $158,202.60 $11,403.47 $169,606.07 Total $158,202.60 $11,403.47 $169,606.07
22

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Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
TASER 7 Certification Bundle 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 41 10/15/2023 TASER 7 Certification Bundle 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 1 10/15/2023 TASER 7 Certification Bundle 20018 TASER BATTERY PACK, TACTICAL 49 10/15/2023 TASER 7 Certification Bundle 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 10/15/2023 TASER 7 Certification Bundle 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 41 10/15/2023 TASER 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 123 10/15/2023 TASER 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 82 10/15/2023 TASER 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 123 10/15/2023 TASER 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 82 10/15/2023 TASER 7 Certification Bundle 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 82 10/15/2023 TASER 7 Certification Bundle 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 82 10/15/2023 TASER 7 Certification Bundle 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 41 10/15/2023 TASER 7 Certification Bundle 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 41 10/15/2023 TASER 7 Certification Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 10/15/2023 TASER 7 Certification Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 10/15/2023 TASER 7 Certification Bundle 74200 TASER 6-BAY DOCK AND CORE 1 10/15/2023 TASER 7 Certification Bundle 80087 TASER TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 1 10/15/2023 TASER 7 Certification Bundle 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 1 10/15/2023 TASER 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 82 10/15/2024 TASER 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 82 10/15/2024 TASER 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 82 10/15/2025 TASER 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 82 10/15/2025 TASER 7 Certification Bundle 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 82 10/15/2025 TASER 7 Certification Bundle 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 82 10/15/2025 TASER 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 82 10/15/2026 TASER 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 82 10/15/2026 TASER 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 82 10/15/2027 TASER 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 82 10/15/2027 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date TASER 7 Certification Bundle 20248 TASER 7 EVIDENCE.COM LICENSE 41 11/15/2023 11/14/2028 TASER 7 Certification Bundle 20248 TASER 7 EVIDENCE.COM LICENSE 1 11/15/2023 11/14/2028 Services
Bundle Item Description QTY
TASER 7 Certification Bundle 20246 TASER 7 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 41 23

Page 4 ends

Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date TASER 7 Certification Bundle 80374 EXT WARRANTY, TASER 7 BATTERY PACK 49 10/15/2024 11/14/2028 TASER 7 Certification Bundle 80395 EXT WARRANTY, TASER 7 HANDLE 41 10/15/2024 11/14/2028 TASER 7 Certification Bundle 80395 EXT WARRANTY, TASER 7 HANDLE 1 10/15/2024 11/14/2028 TASER 7 Certification Bundle 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 10/15/2024 11/14/2028 24

Page 5 ends

Payment Details
Oct 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 T7Cert TASER 7 Certification Bundle 41 $31,640.52 $2,280.67 $33,921.19 Total $31,640.52 $2,280.67 $33,921.19
Oct 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 T7Cert TASER 7 Certification Bundle 41 $31,640.52 $2,280.67 $33,921.19 Total $31,640.52 $2,280.67 $33,921.19
Oct 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 T7Cert TASER 7 Certification Bundle 41 $31,640.52 $2,280.67 $33,921.19 Total $31,640.52 $2,280.67 $33,921.19
Oct 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 T7Cert TASER 7 Certification Bundle 41 $31,640.52 $2,280.67 $33,921.19 Total $31,640.52 $2,280.67 $33,921.19
Oct 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 T7Cert TASER 7 Certification Bundle 41 $31,640.52 $2,280.79 $33,921.31 Total $31,640.52 $2,280.79 $33,921.31
25

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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 26

Page 7 ends

\s1\ \d1\
Signature Date Signed
9/5/2023
27 28
29 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:4
Agenda Item: Participation in the Fire Risk Management Services (FRMS) for City Health and Welfare Benefits
Executive Summary: The City Human Resources department has been collaborating with our benefit broker (Keenan and Associates), for the past year to find better health and welfare benefits options for our employees. Following several months of research, the City has chosen to transition its health and welfare benefits from direct with BlueShield to the Fire Risk Management Services (FRMS), resulting in more plan options and reduced premiums for both the City and its employees. This change has been agreed upon by all six bargaining units and unrepresented employees. The new benefits options will provide more choices for City employees and improved plan premiums.

Requested Action / Suggested Motions: Pass a Resolution authorizing the City Manager to apply and participate in one or more health and welfare benefit programs offered by FRMS, for a minimum of three years.

Responsible Staff Member: Ember Buckman, Human Resources Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01 - Staff Report - City Health and Welfare Benefits FRMS.docx 02 -2024 FRMS Medical Plan Designs.pdf
03 - RESOLUTION Authorizing Participation in FRMS_.docx 30 Council Agenda Report September 26, 2023 Page 1 of 3 City of South Lake Tahoe
Report to City Council
Meeting Date: September 26, 2023
Title: Resolution Authorizing Participation in the Fire Risk Management Services (FRMS) Location: Citywide
Responsible Staff Member: Ember Buckman, Human Resource Manager Background:

Our City's Human Resources department has been working closely with our trusted benefit broker, Keenan and Associates, for the past year to explore better options for health and welfare benefits for our employees. After conducting thorough research, we have decided to transition our health and welfare benefits from direct with BlueShield to Fire Risk Management Services (FRMS). This will result in reduced premiums for both the City and our employees.

To ensure transparency and fairness, the City has met and conferred with all six bargaining units and has reached tentative agreements on the proposed health and welfare changes. Additionally, unrepresented City employees have also agreed to this change.

As per the tentative agreements, the City's sponsored health insurance plan will include a highdeductible HDHP/HSA plan and a PPO 1000 plan effective January 1, 2024. The PPO 1000 plan will be sponsored by the City for plan year 2024 only, while the HDHP/HSA will remain the Citysponsored health insurance plan for plan years 2025 and 2026. All plan options will be provided through the Fire Risk Management Services (FRMS).

Furthermore, plan participants will have the option to purchase an optional PPO 500 plan and benefits for plan years 2024, 2025, and 2026 through the Fire Risk Management Services (FRMS).

Issue and Discussion:

This item is before the City Council to adopt the attached resolution granting authority to the City Manager to apply for and participate in one or more health and welfare benefit programs offered by FRMS for a minimum of three years.

To ensure adequate time for employees to select medical plan coverage for the 2024 plane year, the City followed the Meyers-Millias Brown Act (MMBA) (California Government Code section 3500) and held discussions with represented employees regarding proposals provided by the City's Broker (Kennan and Associates) as well as changes to the City's Medical Plan. After reviewing proposed health insurance plans and providers, the City reached an agreement with all 31 Council Agenda Report September 26, 2023 Page 2 of 3 six represented employee associations and unrepresented employees for 2024, 2025, and 2026 medical benefit coverage.

The changes to the medical plan outlined below will apply to all plan participants and will take effect on January 1, 2024. These changes include replacing the current HDHP/HSA with BleuShield with the City's 2024 Medical Plan High Deductible Health Plan (HDHP)/HSA through FRMS as the City’s Sponsored health insurance plan for plan years 2024-2026. Additionally, the City will offer a City-sponsored PPO 1000 plan for plan year 2024 only. Finally, the PPO 500 plan offered through FRMS will replace the City’s current PPO 500 plan option.

These changes will provide the City and its employees with more plan options at a reduced plan premium.

Current City Medical Plan (fully insured):- Blue Shield HDHP/HSA. Optional buy-up to the Blue Shield PPO 500 Medical Plan available to employees at their own expense.

Optional HSA plan: If an employee elects the HDHP/HSA plan, the City's contribution in the following amounts will be deposited into the employee's HSA account:

Employee Only: $2,500 first pay period in January
Employee +1 or Family: $4,200 first pay period in January

The City provides Vison and Dental plan through Principal Insurance to employees at no cost to the employee and family.
*an optional buy-up Dental plan will be provided to employees at their own expense.

Changes to Medical Plans:

City Medical Plan High Deductible Health Plan (HDHP HSA) through FRMS: If an employee elects the HDHP/HSA plan, the City will contribute 100% of the premium for plan years 2024- 2026.

In addition, there will be no change to the City's contribution deposited into the employee's HSA account as follows:

Employee Only: $2,500 first pay period in January (No change) Employee +1 or Family: $4,200 first pay period in January (No change) PPO 1000: If an employee elects the PPO 1000 plan, The City will contribute 100% of the premium for plan year 2024 only. The City will absorb a 3% increase for plan years 2025 and 2026 for this plan.

Optional buy-up to the Blue Shield, PPO 500 Medical Plan is available to employees at their own expense.

The City will provide Vison and Dental plan through Standard to employees at no cost to the employee and family.
32 Council Agenda Report September 26, 2023 Page 3 of 3 *an optional buy-up Dental plan will be provided to employees at their own expense.

Medical coverage Opt Out:

Employees who elect to waive and opt out of medical coverage offered by the City will continue to be eligible to receive a medical coverage opt-out benefit. The health medical coverage opt-out benefit shall be paid to the employees’ Health Reimbursement Accounts (“HRAs”). The total annual medical coverage opt-out benefit is:

Employee Only: $115.38 per pay period ($3,000 per year) (No change) Employee +1 or Family $153.85 per pay period ($4,000 per year) ( No change) .

Financial Implications:

Joining the FRMS pool reduces the City's health insurance cost avoiding an 8.5% annual premium increase and provides budget savings of approximately $200,000 in year one. 33 Fire Risk Management Services
Blue Shield - PPO Plans
Carrier Name:

Plan Name:

In-Network Out-of-Network In-Network Out-of-Network In-Network Out-of-Network General Plan Information
Annual Deductible $500 $500 $1,000 $1,000 Individual $2,000/ Family $4,000 Individual $2,000/ Family $4,000 Coinsurance 10% Coinsurance 30% Coinsurance 20% Coinsurance 40% Coinsurance 30% Coinsurance 50% Coinsurance Office Visit/Exam $15 Copay Per Visit (Deductible Waived) 30% Coinsurance $30 Copay (Deductible Waived) 40% Coinsurance 30% Coinsurance 50% Coinsurance Outpatient Specialist Visit $15 Copay Per Visit (Deductible Waived) 30% Coinsurance $30 Copay (Deductible Waived) 40% Coinsurance 30% Coinsurance 50% Coinsurance Annual Out-of-Pocket Limit/Individual $2,000 $4,000 $3,000 $6,000 $5,000 $5,000 Annual Out-of-Pocket Limit/Family $6,000 $12,000 $9,000 $18,000 $10,000 $10,000 Preventive Services
Most ACA-Mandated Preventive Care Services No Charge 30% Coinsurance After Deductible No Charge 40% Coinsurance After Deductible No Charge Not Covered Diagnostic X-Ray and Lab Tests 10% Coinsurance 30% Coinsurance 20% Coinsurance 40% Coinsurance 30% Coinsurance 50% Coinsurance Maternity Care
Pregnancy and Routine Maternity Pre-Natal Care No Charge 30% Coinsurance No Charge 40% Coinsurance No Charge 50% Coinsurance Inpatient Hospital Services
Inpatient Hospitalization 10% Coinsurance 30% Coinsurance 20% Coinsurance 40% Coinsurance 30% Coinsurance 50% Coinsurance Pre-Authorization of Services Required YES YES YES YES YES YES Surgical Services
Outpatient Facility Charge 10% Coinsurance 30% Coinsurance 20% Coinsurance 40% Coinsurance 30% Coinsurance 50% Coinsurance Emergency Services
Emergency Room Copay (Waived if Admitted) $100 Copay Per Visit + 10% Coinsurance (Deductible Waived)
$100 Copay Per Visit + 10% Coinsurance
(Deductible Waived)
$150 Copay Per Visit + 20% Coinsurance
(Deductible Waived)
$150 Copay Per Visit + 20% Coinsurance
(Deductible Waived)
$100 Copay Per Visit + 30% Coinsurance $100 Copay Per Visit + 30% Coinsurance Ambulance
Air & Ground $50 Copay Per Trip + 10% Coinsurance
(Deductible Waived)
$50 Copay Per Trip + 10% Coinsurance
(Deductible Waived)
$50 Copay Per Trip + 20% Coinsurance
(Deductible Waived)
$50 Copay Per Trip + 20% Coinsurance
(Deductible Waived)
30% Coinsurance 30% Coinsurance
Urgent Care
Urgent Care Facility $15 Copay Per Visit (Deductible Waived) 30% Coinsurance $35 Copay Per Visit (Deductible Waived) 40% Coinsurance 30% Coinsurance 50% Coinsurance Mental Health & Substance Abuse Benefits
Inpatient Care 10% Coinsurance 30% Coinsurance 20% Coinsurance 40% Coinsurance 30% Coinsurance 50% Coinsurance Outpatient Care $15 Copay Per Visit (Deductible Waived) 30% Coinsurance $30 Copay Per Visit (Deductible Waived) 40% Coinsurance 30% Coinsurance 50% Coinsurance Prescription Drug Benefits
Rx Deductible N/A N/A N/A N/A Overall Annual Deductible Applies Overall Annual Deductible Applies Rx Annual Out-of-Pocket Limit/Individual Included in Medical OOP Max Included in Medical OOP Max Included in Medical OOP Max Included in Medical OOP Max Included in Medical OOP Max Included in Medical OOP Max Rx Drug Annual Out-of-Pocket Limit/Family Included in Medical OOP Max Included in Medical OOP Max Included in Medical OOP Max Included in Medical OOP Max Included in Medical OOP Max Included in Medical OOP Max Retail Pharmacy
Generic $10 Copay $10 Copay + 50% AWP $20 Copay $20 Copay + 50% AWP $15 Copay $15 Copay + 50% AWP Brand (Formulary/Preferred) $20 Copay $20 Copay + 50% AWP $30 Copay $30 Copay + 50% AWP $30 Copay $30 Copay + 50% AWP Brand (Non-Formulary/Non-preferred) $35 Copay $35 Copay + 50% AWP $50 Copay $50 Copay + 50% AWP $50 Copay $50 Copay + 50% AWP Specialty 20% Coinsurance Up To $100 20% Coinsurance Up To $100 + 50% AWP 20% Coinsurance Up To $100 20% Coinsurance Up To $100 + 50% AWP 20% Coinsurance Up To $100 20% Coinsurance Up To $100 + 50% AWP Number of Days Supply 34 Days 34 Days 34 Days 34 Days 34 Days 34 Days Mail Order
Generic $20 Copay $20 Copay + 50% AWP $40 Copay $40 Copay + 50% AWP $30 Copay $30 Copay + 50% AWP Brand (Formulary/Preferred) $40 Copay $40 Copay + 50% AWP $60 Copay $60 Copay + 50% AWP $60 Copay $60 Copay + 50% AWP Brand (Non-Formulary/Non-preferred) $70 Copay $70 Copay + 50% AWP $100 Copay $1000 Copay + 50% AWP $100 Copay $100 Copay + 50% AWP Number of Days Supply for Mail Order 90 Days 90 Days 90 Days 90 Days 90 Days 90 Days Other Services and Supplies
Durable Medical Equipment 10% Coinsurance 30% Coinsurance 20% Coinsurance 40% Coinsurance 30% Coinsurance 50% Coinsurance Home Health Care 10% Coinsurance (100 Visits/Year) 30% Coinsurance (100 Visits/Year) 20% Coinsurance (100 Visits/Year) 40% Coinsurance (100 Visits/Year) 30% Coinsurance (100 Visits/Year) 50% Coinsurance (100 Visits/Year) Skilled Nursing or Extended Care Facility 10% Coinsurance (100 Days/Year) 30% Coinsurance (100 Days/Year) 20% Coinsurance (100 Days/Year) 40% Coinsurance (100 Days/Year) 30% Coinsurance (100 Days/Year) 50% Coinsurance (100 Days/Year) Hospice Care 10% Coinsurance 30% Coinsurance 20% Coinsurance 40% Coinsurance 30% Coinsurance 50% Coinsurance Chiropractic Services $15 Copay Per Visit (Deductible Waived) 30% Coinsurance ($25 Max Per Visit) $30 Copay Per Visit (Deductible Waived) 40% Coinsurance ($25 Max Per Visit) Not Covered Not Covered Acupuncture 10% Coinsurance 30% Coinsurance 20% Coinsurance 40% Coinsurance Not Covered Not Covered Outpatient Rehabilitative Therapy Services
Physical, Speech & Occupational 10% Coinsurance 30% Coinsurance 20% Coinsurance 40% Coinsurance 30% Coinsurance 50% Coinsurance Rate Structure
Outpatient Services
Blue Shield Blue Shield Blue Shield
Premium PPO Basic PPO HSA Compatible PPO
Effective Dates: 1/1/2024 - 12/31/2024

FRMS FRMS FRMS
Keenan & Associates
CA License # 0451271

Page 1 of 1 ends

9/15/2023
34 Appendix A
Resolution Authorizing Participation in the Fire
Risk Management Services
(City of South Lake Tahoe)
RESOLUTION OF THE City of South Lake Tahoe AUTHORIZING

PARTICIPATION IN THE FIRE RISK MANAGEMENT SERVICES
WHEREAS, the City of South Lake Tahoe wishes to obtain health and welfare benefits coverage commencing January 1, 2024; and
WHEREAS, the Fire Risk Management Services (FRMS) is a joint powers authority created for the sole purpose of providing health and welfare benefits coverage; and
WHEREAS, FRMS provides health and welfare benefit programs for existing and retired employees, officers, and members of the legislative bodies of individual public entities and their dependents, which public entities have the legislative power to provide at least one of the following services: (1) fire suppression services, (2) emergency medical services, including emergency disease response, prevention and control services; (3) hazardous material response services (4) medical transport and/or ambulance services, including emergency transportation services (5) rescue services; (6) any other emergency response services provided pursuant to the California Emergency Services Act (Government Code section 8550 et seq.); and WHEREAS, FRMS requires the City of South Lake Tahoe to pass a resolution expressing: (1) the desire and commitment of the City of South Lake Tahoe’s to apply for and participate in membership in one or more health and welfare benefit programs offered by FRMS, for a minimum three year minimum participation period on the terms and conditions specified in that certain Proposal for Membership submitted to City of South Lake Tahoe by FRMS; and (2) its agreement to execute and comply with all the provisions in the FRMS Joint Powers Agreement upon notification of approval of membership

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND

PROMISES CONTAINED HEREIN AND IN THE FRMS JOINT POWERS

AGREEMENT, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AS FOLLOWS:
35 1. City of South Lake Tahoe requests membership in those health and welfare benefit programs detailed in its application for membership; and

2. City of South Lake Tahoe accepts the Proposal for Membership presented by FRMS; and

3. City of South Lake Tahoe approves the form of Joint Powers Agreement and agrees to execute and return said Agreement promptly upon notice of the approval of its membership application by the Benefits Committee of FRMS; and

4. City of South Lake Tahoe agrees that its membership is not valid until the Joint Powers Agreement is executed by both the prospective new member and the FRMS and all required contributions for its participation in each health and welfare benefit program applied for have been received by FRMS;and

5. City of South Lake Tahoe hereby designates the City Manager on behalf of the City of South Lake Tahoe as authorized to take any and all actions and execute any and all documents necessary to implement the foregoing resolution.

WHEREAS, the City Council of City of South Lake Tahoe have adopted this resolution at a duly called and noticed meeting on September 26, 2023 at 191 Lisa Maloff Way South Lake Tahoe CA 96150 by the following vote:

AYES: NOES: ABSTENTIONS:

Mayor, Cristi Creegan
I hereby certify that the foregoing resolution is a full, true and correct copy of a resolution passed by City of South Lake Tahoe on September 26, 2023 and that this resolution remains in full force and effect.

City Clerk, Susan Blankenship
ADOPTED: (date) RESOLUTION NO. (#)
36 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:5
Agenda Item: Reconciliation of Bond Proceeds and Other Funding for the Recreation Center Construction Project
Executive Summary: On August 8, 2023, the City Council approved the bond issuance in the principal amount not to exceed $59 million for the construction of a new multi-generational recreation and aquatics center and approved preliminary budget appropriations of bond proceeds and other funding sources. The bonds were issued on August 16, 2023 in the principal amount of $51,300,000, at a premium, for the total bond proceeds of $56,166,967.25, net of other costs. The attached resolution provides the reconciliation of final amounts.

Requested Action / Suggested Motions: Pass a Resolution Approving FY 2022-2023 Budget Appropriations Reconciliation of 2023 Series A Bond Proceeds and Other Funding Sources for the Construction of the Multi-Generational Recreation and Aquatics Center and Approving FY 2023-2024 Budget Amendment for Bond Debt Service
Responsible Staff Member: Olga Tikhomirova, Director of Finance Reviewed and Approved By: Susan Blankenship, City Clerk Heather Stroud, City Attorney Attachments:
01-Staff Report - Rec Center Funding Reconciliation.docx 02-Resolution - Budget Appropriations Reconciliation.docx 37 Council Agenda Report September 26, 2023 Page 1 of 2 City of South Lake
Tahoe
Report to City Council
Meeting Date: September 26, 2023
Title: Reconciliation of Bond Proceeds and Other Funding for the Recreation Center Construction Project
Location: 1150 Rufus Allen Boulevard, South Lake Tahoe, CA Responsible Staff Member: Olga Tikhomirova, Director of Finance (530)542-7431 Background: On August 8, 2023, the City Council adopted Resolution 2023-072 of the City approving the bond issuance by the South Tahoe Joint Powers Financing Authority, and Resolution 2023-001 of the South Tahoe Joint Powers Financing Authority approving the sale, issuance and delivery of Lease Revenue Bonds 2023 Series A in the principal amount not to exceed $59 million. The Bond Resolutions provided that the proceeds of the Bonds would finance the cost of construction of a new multigenerational recreation center.

On August 8, 2023, the City Council adopted Resolution 2023-073 approving the Construction Agreement with Roebbelen Contracting Inc. of El Dorado Hills, CA in the amount of $67,851,097 with 5% construction contingency in the amount of $3,392,555 and preliminary budget for construction and other costs from estimated bond proceeds and other funding sources. The resolution authorized appropriations of bond proceeds upon successful bond sale by the South Tahoe Joint Powers Financing Authority and the following funding to the construction project account, not to exceed a total of $71,578,652: Lease Revenue Bonds in the amount of up to $57,000,000, Measure P Cash on Hand in the amount of up to $11,200,000, Measure S Sales Tax general fund available fund balance in the amount of up to $1,000,000, unallocated ARPA funding in the amount of approximately $2,700,000, and General Fund Undesignated Excess Reserves in the amount of up to $2,600,000. All amounts were subject to true-up on or around September 26, 2023.

The Bonds were issued on August 16, 2023 in the principal amount of $51,300,000. The sale closed on August 30, 2023. The total bond proceeds amounted to $56,414,967.25. This represents the principal amount, less the Underwriter’s discount of $258,636.70, plus $5,373,603.95 bonds premium. After the cost of issuance to be disbursed in the amount not to exceed $248,000, the total distributed from bond proceeds into the Project Fund is $56,166,967.25.

Issue and Discussion: The attached resolution provides the final reconciliation of bond proceeds and other funding with final amounts that do not exceed the previously approved maximum appropriations. Additional budget appropriation for construction management contract (est.at $1 38 Council Agenda Report September 26, 2023 Page 2 of 2 million), commissioning costs (est. at $200K), special inspection/materials testing (est. at $650K) and potentially incentive bonus (est. at $225K), for a total estimated cost of $2,075,000 will be brought by the Public Works Department at a later date upon award of those contracts or as needed.

Financial Implications: The preliminary appropriations allocated up to $2.6 million from the General Fund Undesignated Excess Reserves. Due to successful bond sale that generated approximately $1.166 million in additional project funding, the projected General Fund contributions are estimated at approximately $1.5 million. Additionally, the bond proceeds that are currently held in the Project Fund with the trustee Bank of New York Mellon, will be invested and are estimated to generate between $1.5 million and $2.5 million in interest earnings. This interest income will reduce the General Fund and potentially other funding sources’ contributions to the project. Any funding remained in the project account after the project completion will be returned to the respective funds, with the General Fund being the first priority.

The current required contribution from the General Fund requested by the attached resolution is $500,227.75. Requests for additional contributions in the total amount of approximately $1.0 million will be brought to council at a later date.

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

Policy Implications: Consistent with City’s Financial Policies and City Council Strategic Priorities.
39 Resolution 2023-XXX September 26, 2023 Page 1 of 3
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
September 26, 2023
Approving FY 2022-2023 Budget Appropriations Reconciliation of 2023 Series A Bond Proceeds and Other Funding Sources for the Construction of the Multi-Generational Recreation and Aquatics Center and Approving FY 2023-2024 Budget Amendment for Bond Debt Service

BACKGROUND
A. On August 8, 2023, the City Council adopted the City’s Resolution 2023-072 approving the bond issuance by the South Tahoe Joint Powers Financing Authority, and Resolution 2023-001 of the South Tahoe Joint Powers Financing Authority approving the sale, issuance and delivery of Lease Revenue Bonds 2023 Series A in the principal amount not to exceed $59 million.

B. The Bond Resolutions provided that the proceeds of the Bonds would finance the cost of construction of a new multigenerational recreation center.

C. On August 8, 2023, the City Council adopted Resolution 2023-073 approving the Construction Agreement with Roebbelen Contracting Inc. of El Dorado Hills, CA in the amount of $67,851,097 with 5% construction contingency in the amount of $3,392,555 and preliminary budget for construction and other costs from estimated bond proceeds and other funding sources.

D. Resolution 2023-073 authorized appropriations of bond proceeds upon successful bond sale by the South Tahoe Joint Powers Financing Authority and the following funding to the construction project account, not to exceed a total of $71,578,652: Lease Revenue Bonds in the amount of up to $57,000,000, Measure P Cash on Hand in the amount of up to $11,200,000, Measure S Sales Tax general fund available fund balance in the amount of up to $1,000,000, unallocated ARPA funding in the amount of approximately $2,700,000, and General Fund Undesignated Excess Reserves in the amount of up to $2,600,000. All amounts were subject to true-up on or around September 26, 2023.

E. The Bonds were issued on August 16, 2023, with the total proceeds of $56,414,967.25, which represents the principal amount of $51,300,000, less the Underwriter’s discount of $258,636.70, plus $5,373,603.95 representing original issue premium, and before the cost of issuance to be disbursed in the amount not to exceed $248,000, for the total Project Fund of $56,166,967.25.

F. The table below provides the final reconciliation of bond proceeds and other funding with final amounts that do not exceed the previously approved maximum appropriations. 40 Resolution 2023-XXX September 26, 2023 Page 2 of 3
G. Additional budget appropriation for construction management contract (est.at $1 million), commissioning costs (est. at $200K), special inspection/materials testing (est. at $650K) and potentially incentive bonus (est. at $225K), for a total estimated cost of $2,075,000 will be brought by the Public Works Department at a later date upon award of those contracts or as needed.

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

1. Authorizes the final appropriations of 2023 Series A Bond proceeds into Fiscal Year 2022-2023 Budget as follows:

Account: Description Amount
401-01910-36406 Proceeds from Sale of 2023 Bonds (-) $56,673,603.95 Account: Description Amount
401-01910-47040 Bond Issuance Cost (+) $248,000.00
401-01910-47041 Underwriter Discount (+) $258,636.70
401-01910-50014 Transfer out to City CIP (project) (+) $56,166,967.25

2. Authorizes the final revised appropriations of bond proceeds and other funding into the project account 301-60018 for the Construction Agreement with Roebbelen Contracting Inc., construction contingency, and funds to support labor compliance, permitting and utilities fees, as previously authorized, as follows:

From Fund: Source Amount
36330 Lease Revenue Bonds Proceeds (-) $56,166,967.25
36309 Measure P Cash on Hand (-) $11,200,000
36374 Measure S Sales Tax Fund (-) $1,000,000
36300 ARPA unallocated funds (-) $2,711,457
36300 General Fund Undesignated Excess
Reserves
(-) $500,227.75
Total (-) $71,578,652
To Fund: Task Amount
30160018-48030 Construction (+) $67,851,097
30160018-48032 Construction Contingency (+) $3,392,555
30160018-48033 Testing/Inspection (+) $70,000
30160018-48035 Utilities (+) $265,000
Total (+) $71,578,652

3. Authorizes Fiscal Year 2022-2023 budget amendments to Measure P TOT and Debt service funds for appropriations toward first interest payment on 2023 Series A bonds due before October 1, 2023 as follows:

From: Description Amount
220-04220-50009 Measure P TOT Transfer out to Debt Serv. (+) $226,445 41 Resolution 2023-XXX September 26, 2023 Page 3 of 3
To: Description Amount
401-01910-36309 Transfer in from Measure P (-) $226,445 401-01910-47020 Interest (Debt Service) (+) $226,445

4. Authorizes Fiscal Year 2023-2024 budget amendments to Measure P TOT and Debt Service funds for appropriations toward 2023 Series A bond debt service due in Fiscal Year 2023-2024 as follow:

From: Description Amount
220-04220-50009 Measure P TOT Transfer out to Debt Serv. (+) $3,394,800 To: Description Amount
401-01910-36309 Transfer in from Measure P (-) $3,394,800 401-01910-47010 Principal (Debt Service) (+) $765,000
401-01910-47020 Interest (Debt Service) (+) $2,629,800
Adopted by the City of South Lake Tahoe City Council on September 26, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cody Bass, Mayor Pro Tem
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
42 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:6
Agenda Item: Agreement with SoSu TV Corporation for City Council Chamber Audio-Visual Equipment Upgrades
Executive Summary: An assessment of existing City Council Chamber audio-visual and live-stream broadcasting equipment provided evidence that most equipment has reached or exceeded end of life causing unreliable productions. After several internal meetings with City Clerk, Finance, City Manager, and Information Technology departments, staff determined that SoSu TV has the expertise and experience to provide all of the audio-visual design, procurement, installation, and operation for the complete broadcast/live-streaming and video content and communications support. Having a singular vendor centralizing the efforts will provide streamlined video communications in the most cost-effective manner with logistical efficiency and timely response to the City.

Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute a sole source Professional Services Agreement with SoSu TV for the design, procurement, and installation of audio-visual equipment in the City Council Chamber for $108,416 plus 5% contingency of $4,876 for a total not to exceed amount of $113,292; and authorizing the Director of Finance to make appropriate budget adjustments.

Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - SoSu TV Agreement for Chambers Upgrades.docx 02-Resolution - City Council Chamber Upgrades.docx
03-Professional Services Agreement with SoSuTV (Exh. 1 to Reso.).pdf 04-Sole Source Justification-Sosu TV.pdf
43 Council Agenda Report- September 26, 2023 Page 1 of 2 City of South Lake Tahoe
Report to City Council
Meeting Date: September 26, 2023
Title: Professional Services Agreement with SoSu TV for City Council Chamber Upgrades Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk Background: On June 7, 2022, the City entered into an agreement with SoSu TV to produce, record, and broadcast approximately 40 meetings annually as well as create original content and manage the City’s Public, Educational, and Government (PEG) Channel 21 using existing equipment. Another element to this agreement included SoSu TV providing technical advice to the City by creating an inventory of existing audio-visual equipment and developing a five-year equipment refresh plan and data redundancy plan.

Issue and Discussion: The City Clerk, Finance, City Manager, and Internal Technology (IT) departments (the Team) met with SoSu TV over several months to review what equipment was obsolete or at end of life and what was needed in the first phase of the refresh plan. Based on SoSu TV’s technical advice, staff determined that most of the equipment in use was at or exceeded end of life and that the best course would be to replace everything at one time for a completely integrated system. SoSu TV provided a list of needed equipment and IT began to search and price equipment but found the equipment difficult to locate and without expertise in this area, lacked confidence that purchasing piecemeal from several vendors would be in the best financial interest of the City.

Staff discussed options and asked SoSu TV to submit a Scope of Work based on staff’s shortterm and long-term goals of broadcasting and community engagement. After several in-depth discussions with SoSu TV, staff is confident that SoSu TV has the expertise and experience to provide all of the audio-visual design, procurement, installation, and operation for the complete broadcast/live-streaming and video content and communications support. Having a singular vendor centralizing the efforts will provide streamlined video communications in the most costeffective manner with logistical efficiency and timely response to the City.

Financial Implications: The total cost of this project is $108,416 with 5% contingency of $4,876 for a total not to exceed amount of $113,292. In 2019, the City Council adopted Ordinance 2019-1129 establishing a PEG support fee which is placed in a restricted fund for capital expenditures. The current budget in the PEG fund for FY 2022-2023 is $90,000 with a total fund balance of $300,000. The additional amount of $23,292 needed for the project is appropriated by the attached resolution.
44 Council Agenda Report- September 26, 2023 Page 2 of 2 Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative activities).

Policy Implications: The investment in technology upgrades supports Strategic Priority 3:

Community for All

3.2 Inclusion & Diversity: Action 4 ”...increase accessibility and engagement...” 45 Resolution 2023-XXX September 26, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
September 26, 2023
Agreement with Sosu TV for City Council Chamber Equipment Upgrades

BACKGROUND
A. As part of a 2022 Professional Services Agreement with SoSu TV, SoSu TV provided the City with technical advice by creating an inventory of existing audio-visual equipment and developing a five-year equipment refresh plan and data redundancy plan.

B. Based on this technical advice, staff determined that most of the equipment in use was at or exceeded end of life and the best course of action would be to replace most of the existing equipment at one time for a completely integrated system.

C. SoSu TV has the expertise and experience to provide all of the audio-visual design, procurement, installation, and operation for the complete broadcast/ live-streaming and video content and communications support. Having a singular vendor centralizing the efforts provides streamlined video communications in the most cost-effective manner with logistical efficiency and timely response to the City.

D. The total cost of this project is 108,416 with 5% contingency of $4,876 for a total not to exceed amount of $113,292.

E. In 2019, the City Council adopted Ordinance 2019-1129 establishing a Public, Educational, and Government (PEG) support fee which is placed in a restricted fund for capital expenditures. The current budget in the PEG fund for FY 2022-2023 is $90,000, with a total fund balance of $300,000.

F. To move forward with this project, staff is requesting to appropriate an additional $23,292 from available fund balance in PEG fund, for a total available expenditure budget of $113,292.00.

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

1. Authorizes and directs the Mayor to execute a sole source Professional Services Agreement with SoSu TV for the purchase, programming, and installation of City Council Chamber broadcasting equipment for a not to exceed amount of $113,292, which is attached hereto as Exhibit “1.”
46 Resolution 2023-XXX September 26, 2023 Page 2 of 2

2. Authorizes the Director of Finance to appropriate $23,292 from the PEG fund balance into account number 224-01330-46110 for a total budget of $113,292.00 for Professional Services Agreement for SoSu TV.

Adopted by the City of South Lake Tahoe City Council on September 26, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ 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.
47 CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 26th day of September 2023 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and SoSuTV Corporation, a Nevada corporation (“Consultant”).

RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.

The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.
48 2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for a period of one (1) year.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $108,416.00 plus 5% contingency of $4,876 (based on $97,516 equipment cost) without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

4. Method of Payment. The City shall issue Consultant a Purchase Order for the purchase of the equipment listed in the Scope of Work. Consultant shall submit monthly Invoices to City for equipment purchased during the preceding month. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. The City shall pay Consultant for Installation Fee and A/V System Programming Fee no later than 30 days after approval of the invoice by City staff but not before the equipment has been delivered and is scheduled for installation.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.

6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date. 49 Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.

7. Ownership of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, 50 unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.

City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.

10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
51 Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.

In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.

13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of 52 Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.

City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
53 i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 54 iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability 55 policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.

c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.

The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
56 Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: SoSu.TV
Mark Hatjakes
3983 S. McCarran Blvd #427
Reno, NV 89519

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.

20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.

21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona 57 fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
58 i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et. seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.

27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and 59 oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

31. Time is of the Essence. Time is of the essence for this Agreement.

32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By___________________________ By ________________________________ Cristi Creegan, Mayor Mark Hatjakes, Vice President SoSu.TV Date __________________________ Date _____________________________

Business License # 100192
APPROVED AS TO FORM:

By____________________________Date________________________________ Heather Stroud, City Attorney
ATTEST:
60 By______________________________ Date ________________________________ Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
61 EXHIBIT A

SCOPE OF SERVICES
62 63
64 65
66 67
68 69
70 next steps must be to:
• Accept the proposal as-is
• Discuss desired changes with SoSu.TV
• Finalize and sign the contract
• Final payment will be due upon receipt of equipment
• Once completed, SoSu.TV will contact the City of South Lake Tahoe to schedule a project launch meeting to make introductions, develop a project timeline and gather information before beginning the work.

We are happy to make changes to project scope on the City of South Lake Tahoe's request at any time but may be subject to additional billing.

Terms and Conditions
This agreement becomes effective only when signed by agents of City of South Lake Tahoe and SoSu.TV.

The agreement contained in this contract constitutes the sole agreement between City of South Lake Tahoe and the SoSu.TV regarding all items included in this agreement.

Time and Performance
The City of South Lake Tahoe will approve and pay for equipment in advance of ordering equipment.

Equipment is at 4-6 weeks ESD
Work will be completed in a two-week timeframe upon receipt of equipment.

Page 9 ends

71 EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Purchase Order for equipment shall be issued to Consultant (up to $97,516 plus 5% contingency $4,876) Consultant shall submit monthly Invoices to City for equipment purchased during the preceding month. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

Installation Fee and A/V Programming Fee shall be paid to Consultant within 30 days of invoicing but not prior to equipment being delivered and Instillation date scheduled. (Up to $10,900)
TOTAL (not to exceed) $113, 292.00

TIMELINE
Equipment estimated to be delivered 4-6 weeks from Purchase Order Installation and Programming will be scheduled based on Council Chamber availability estimated need of two weeks.
72 EXHIBIT C

ANTI-LOBBYING CERTIFICATION
Consultant shall submit to City this certification prior to or at the time of the execution of this Agreement.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.

The undersigned certifies, to the best of his or her knowledge or belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.

Consultant: SoSu.TV
Mark Hatjakes, Vice President SoSu.TV
By:________________________________________
Mark Hatjakes, Vice President SoSu.TV
73 SOLE SOURCE VENDOR:

SOLE SOURCE JUSTIFICATION REQUEST
SoSu TV
ADDRESS: _ 3983 S. McCarran Blvd. #427 Reno, NV 89519 PHONE NO._ (775) 200-6509 __ ITEM TO BE PURCHASED: AN Equipment for Chambers_ COST: $ _ 113 ,292 Including Instillation, programming and 5% contingency)
I. Check reasons for sole source request:
__ Proprietary: The item is available only from a single source; the item is held under exclusive title, trademark, or copyright by a private person or company; a proprietary distributorship would also apply. ___ Emergency Purchase: The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitatio~, per City Code SLTCC § 3.45.070 ~ Sole Source: After solicitation of several sources, competition is determined inadequate or no other items are known to exist which perform the same function. (see below) ___ Federal Awards: when purchasing goods or services with Federal Funds where the Federal awarding agency expressly authorizes noncompetitive proposals in response to a written request from the City. (attach authorization to this form)
_X __ Standardization: The City requires the item(s) to standardize parts, design, quality, etc.

Explain: So Su TV has the expertise and experience to provide all of the AN design, procurement, installation, and operation for the complete broadcast/ live-streaming and video content and communications support. Having a singular vendor centralizing the efforts, provides streamlined video communications, in the most cost-effective manner with logistical efficiency and timely response to the City.

2. Describe the product or service and how it is unique or one-of-a-kind: So Su is the only vendor that can provide all of the necessary components of the video conversion. Other vendors could provide some equipment or services, but not all.

3. Explain why the product/service is available from only one source and what avenues you pursued to confirm that this is factual. IT has been researching and communicating with other vendors and has been unable to locate vendors capable of providing all necessary components.

5. Can your requirements be modified to allow competitive products or services be used? Explain: No. Modification would require separating technologies that may not be compatible or integrate into the city's communication system.

REQUESTOR NAME/DEPARTMENT: &s.cu,3-1~-"'~P , ei--b Cle..v1L DEPARTMENTHEADSIG~ ~ DATE: °1/IB/?---.:5)_""3,
FINANACE DEPT. ~A~ r9tO DATE: °II, <j / 2-0 2 __)
CITY ATTORNEY SIGNATURE: cJ!eLl-d&~DATE: d;'U>;z,)
CITY MANAGER SIGNATURE: DATE:
* Requests over $10,000 require City Manager's approv Requests over $60,000 requires City Council's approva . 74 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:7
Agenda Item: Changes to Compensation and Benefits for Unrepresented Employees Executive Summary: There are certain City employees who are not represented by labor unions.

Despite this, their wages, hours, and working conditions have historically been in line with those negotiated by represented groups, particularly the Administrative and Confidential Employee Association. The City Council has adopted Resolutions 2017-64, 2018-107, and 2020-094 to address compensation and benefits for these unrepresented employees, including the elected City Clerk. Any changes to their wages, benefits, and working conditions will be consistent with those of represented employees and with guidance from the City Council. The attached resolution outlines these changes, including implementing the City Classification & Compensation study, a 4.2% COLA effective October 1, 2023, a new benefits package with reduced rates for both the City and employees and an increase to the 457 matching benefit. All changes requested have been included in the attached Unrepresented Compensation and Benefits package.

Requested Action / Suggested Motions: Pass a Resolution approving changes to compensation and benefits for un-represented employees, including the elected City Clerk.

Responsible Staff Member: Ember Buckman, Human Resources Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
02-Resolution - Compensation and Benefits for Unrepresented Employees.docx 03-Unrepresented_Employee_Group_Compensation_Package_2023-2026 (Exh. 1 to Reso).pdf 01-Staff_Report_-_Unrepresented_Compensation.docx
75 Resolution 2023-XXX September 26, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
September 26, 2023
Approving Unrepresented Employee Group Compensation and Benefit Package for the South Lake Tahoe Unrepresented Employees including the elected City Clerk

BACKGROUND
A. The City of South Lake Tahoe and the South Lake Tahoe Unrepresented Employees, have met and conferred in good faith in accordance with the provisions of the Meyers-MiliasBrown Act of the California Government Code; and B. The City of South Lake Tahoe and the Unrepresented Employees group have agreed to the Unrepresented Employees Compensation and Benefit Package for the term of October 1, 2023 through September 30, 2026.

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

1. Approves the modifications to the Unrepresented Employees Compensation and Benefits, which are incorporated into the Unrepresented Employees Compensation and Benefit Package 2023-2026 (attached hereto as Exhibit 1).

2. Authorizes and directs the City Manager to take all steps that are proper and necessary to implement this resolution.

Adopted by the City of South Lake Tahoe City Council on September 26, 2023, by the following vote:

Yes:

No:

Absent:

Abstain:
___________________________ Date:___________
Mayor Cristi Creegan
Attest:
____________________________
Susan Blankenship
76 Resolution 2023-XXX September 26, 2023 Page 2 of 2
City Clerk
77 City of South Lake Tahoe
Unrepresented Employee Group
Compensation and Benefits Package
October 1, 2023 - September 30, 2026
78 Table of Contents
INTRODUCTION ..................................................................................................................................................... 2 CLASSIFICATIONS DESIGNATED UNREPRESENTED EMPLOYEES ........................................................................... .2 SALARY PLAN ......................................................................................................................................................... 2 LONGEVITY INCENTIVE PAY PLAN ........................................................................................................................... 4 EMPLOYMENT BENEFITS ......................................................................................................................................... 5 PUBLIC EMPLOYEES RETIREMENT SYSTEM ............................................................................................................. 6 HOLIDAYS ................................................................................................................................................................ 7 PAID TIME OFF ........................................................................................................................................................7 BEREAVEMENT LEAVE ............................................................................................................................................. 8 MANAGEMENT INCENTIVE PAY ...............................................................................................................................8 PERSONNEL RULES AND REGULATIONS ...................................................................................................................10 IMPLEMENTATION OF 2023 CLASSIFICATION AND COMPENSATION STUDY......................................................2 "NON-PERSABLE" COMPENSATION ........................................................................................................................4 COLA's.................................................................................................................................................................3 CLASSIFICATIONS OVER MARKET MEDIAN.........................................................................................................3 CASH DISTRIBUTION FOR Y-RATED EMPLOYEES.................................................................................................3 457 MATCHING CONTRIBUTION..............................................................................................................................4 EMPLOYEE TRAINING...............................................................................................................................................4 ADMINISTRATIVE LEAVE..........................................................................................................................................7 BILINGUAL PAY.........................................................................................................................................................9 1 LAYOFF AND SEVERANCE..........................................................................................................................................9 SALARY TABLE AS OF OCTOBER 1, 2023 ..................................................................................................................10 79 INTRODUCTION
This document is a summary of compensation and benefits which applies to all Unrepresented employees. The terms and conditions of employment for Unrepresented employees not included in this document are contained in individual employment contracts and/or the City of South Lake Tahoe Personnel Rules and Regulations.

The various forms of compensation and benefits provided in this document are the result of the City's recognition that Unrepresented employees should be compensated appropriately for exhibiting accountability, cost effectiveness, technological skills and the ability to make maximum use of personnel, fiscal and other resources to facilitate the provision of city services.

For the purpose oft his document, the following positions are consideredUnrepresented Managementor Unrepresented Executive Employees:

UNREPRESENTED

MANAGEMENT
Airport Manager
Assistant City Attorney
Communications & Project Specialist
Human Resources Manager
Human Resources Analyst
Paralegal
Risk Manger
Sustainability Coordinator

UNREPRESENTED

EXECUTIVE
Assistant City Manager
Chief of Police *
City Clerk
Director of Development Services
Director of Finance
Director of Public Works
Fire Chief *
Parks & Recreation Director

SALARY PLAN
Incremental salary steps within the base salary range, for classifications within the Unrepresented employees management and executive group, shall progress in five steps, from Step 1 through Step 5. Step 1 shall generally be established so that the progression from step 1 to Step 5 occurs in five percent (5%) increments. The City Manager, or designee, shall place newly hired Unrepresented employees at a step within the range for their classification that best reflects the employee's qualifications and job experience.

Implementation of 2023Classification and Compensation Study 1) Classifications under market median:

These classifications require an equity adjustment to bring them to market median.

Classifications under market median and market deviation are listed below.

Unrepresented Classification
Assistant City Manager
*Chief of Police
City Clerk
Communications & Prog Spec
Director of Public Works
*Fire Chief
Human Resources Analyst
Risk Manager
Sustainability Coordinator
Fire Marshall
2 Market Deviation
-11.1%
-9.9%
-1.9%
-7.0%
-2.6%
-7.9%
-0.3%
-16.1%
-12.3%
-10.3%
80 Effective October 1, 2023, or the pay period following City Council approval of the Unrepresented Compensation and Benefit Package, whichever is later, equity Increases based upon compensation (Base+Cash+Benefits) market median. will be implemented as follows:
• Year 1: 34% of equity adjustment of September 30, 2023 Salary. Not compounded • Year 2: 33% of equity adjustment of September 30, 2023 Salary. Not compounded • Year 3: 33% of equity adjustment of September 30, 2023 Salary. Not compounded **Chief of Police and Fire Chief will receive equity adjustment over two years 2) COLAs:

In order to prevent compaction between represented classifications and unrepresented classifications, unrepresented classifications will receive same COLA package as other classifications:

Year 1: COLA 4.2% Effective 10/1/2023 or following City Council approval of Unrepresented Compensation and Benefit Package
Year 2: COLA (1-4%) Based upon the annual as of the month of April SF/Oakland Hayward CPI Year 3: COLA (1-4%) Based upon the annual as of the month of April SF/Oakland Hayward CPI 3) Classifications identified as "Over Market Median" shall be Y-rated:

Classifications over market median and their market deviations are listed below:

Market Deviation

0.3%

2.5%

1.5%

0.7%

3.1%

4.1%

5.1%
Unrepresented Classification
Airport Manager
Assistant City Attorney
Director of Development Services
Director of Finance
Human Resources Manager
Paralegal
Parks & Recreation Director
Example:

Employee 1: Over market by 3.2%. 2023 COLA is 4.2%. Net increase for employee 1 is 1%.

Employee 2: Over market by 5.8%. 2023 COLA is 4.2%. Net 2023 increase for employee is 0%.

Employee carries remaining Y-rate amount of 1.6% into the following year. 4) Cash Distributions for Y-rated classifications:
a. Year 1:Employees in classifications "Over Market" will have COLA reduced by up to 4.2% to correspond with amount their classification is over market. Employees in such classifications will receive a one-time distribution of a percentage equal to the COLA reduction up to a maximum of 4.2%.
b. Year 2: Employees in classifications still "Over Market", after foregoing COLA for year 1, will have their Year 2 COLA reduced by up to 4% to correspond with amount of the COLA and the amount their classification is still over market. Employees in such classifications will receive a one-time distribution of a percentage equal to the COLA reduction up to a maximum of 4%.
c. Year 3: Employees in classifications still "Over Market", after foregoing COLAs for years 1 & 2, will have their Year 3 COLA reduced by up to 4% to correspond with amount of the COLA and the amount their classification is still over market. Employees in such classifications will receive a one-time distribution of a percentage equal to the COLA reduction up to a maximum of 4%.
3 81
Cash distributions will be considered pensionable compensation to the extent allowed by CalPERS.

Only active employees on payroll as of October 1 of each year are eligible for cash distribution allocated for employees in Y-rated classifications.

NON-PERSABLE COMPENSATION
Unrepresented Management Team members will receive a contribution of 3.5% of their base salary plus longevity pay into their choice of either non-pensionable 401a or employee-funded 457 IRS defined investment account.

Unrepresented Executive Team members (excluding the City Manager and City Attorney unless specified in their respective contracts) will receive a contribution of 5% of their base salary plus longevity pay into their choice of either non-pensionable 401a or employee-funded 457 IRS defined investment account.
457 MATCHING CONTRIBUTION
Effective October 1, 2023, Unrepresented Management Team members may receive up to $3000.00 per year; the City will match the employee's contribution to their 457 investment account on a dollarfor-dollar basis.

Effective October 1, 2023, Unrepresented Executive Team members (excluding the City Manager and City Attorney unless specified in their respective contracts) may receive up to $4000.00 per year. The City City will match the employee's contribution to their 457 investment account on a dollar-for-dollar basis.

LONGEVITY INCENTIVE PAY
Unrepresented employee shall be eligible for longevity incentive pay upon the successful completion of ten (10) consecutive years of service in a regular position with the City of South Lake Tahoe. The longevity incentive pay shall be as follows:

Years of Service 10 Years 5% (base pay)
The five percent (5%) Longevity Pay will be included in the base hourly rate when calculating all specialty pays set forth in this Agreement, including:

Acting Pay
Management/Supervision/Professional Incentive Pay
Holiday Pay
Vacation (sellback or payout)
Calculation of Dollar Value of Sick Leave
Awards Leave
Transition period: As part of the transition from merit pay to longevity pay, all employees who were eligible and receiving merit pay under the terms prior to October 1, 2014 shall be eligible to receive longevity pay under this Section; however, these employees shall not be eligible for an additional increase under this Section upon reaching ten years of City service.

EMPLOYEE TRAINING
Tuition Reimbursement - in accordance with the City Personnel Rules, the City shall reimburse employees for expenses they have incurred for tuition for job related courses taken after the course is successfully completed and appropriate certification filed with the Personnel Officer, and if prior approval by the department head has been given to participate in the course. However, courses paid for by state or governmental agencies do not apply to this section.

Training Courses -Training programs authorized by the City shall be financed by the City to encourage employee participation. Such compensation is separate and distinct from the compensation offered for the position and classification involved in training. Subject to approval by the Personnel Officer, employees may be authorized to attend training programs during regular hours. Travel to and from such training shall be at City expense; provide, however, that time spent in travel to and from training is not eligible for overtime. When the needs of the City services so require, the appointing authority may direct any employee to attend a meeting or conference as part of the professional training required for the position. In such case, attendance is not mandatory but compensation for meals, lodging, travel, and miscellaneous expenses shall be allowed. No overtime will be paid, however, for the time required to travel to and from such meeting. 4 82

EMPLOYMENT BENEFITS
Unrepresented employees will have the ability to participate in the City's benefits. Including, Medical, Dental, Vision, and various other benefits.

Medical Plan: The City's Medical plan for plan years 2024-2026 will be offered through the FRMS JPA. The City of South Lake Tahoe will offer three plans through the FRMS JPA for plan years 2024-2026, as follows:
1) HDHP/HSA - City will contribute 100% of the premium cost for this plan option.

If an unrepresented employee elects the HDHP/HSA plan, the City will contribute $2,500.00 for individual coverage and $4,200.00 for Employee + one or Family coverage into an HSA. This contribution will be "front loaded" the first pay period that includes January 1st of each year.
2) PPO 1000 - The City will contribute 100% of the premium for this plan for the FIRST plan year (2024) only.
3) PPO 500 (Buy-up option) - Employees who elect this plan option will pay the difference between the PPO 1000 plan and the PPO 500 plan. For the first plan year (2024) rates are as follows:

Per Pay Period Buy-up Cost PPO 500 ( 2024)
EE = $35.77;
EE+ 1 = $71.55;
EE+Family $93.01
*City will make premiums available to employees during open enrollment each year for 2025 & 2026 Contributions for plan Year 2025 and 2026 -
HDHP/HSA - The City agrees to continue contributing 100% of the premium cost for the HDHP/HSA. The City will also maintain the same level of HSA contributions for EE, EE+1 and Family for this plan.

PPO 1000 - The City agrees to absorb up to a 3% rate Increase each year for the PPO 1000.

Employees will need to pay any rate increase above the 3%.

PPO 500 (Buy-up option) - Employees will pay he difference between the cost of the PPO 1000 which will include up-to a 3% increase, and the cost of the PPO 500.

Medical CoverageOpt-Out Benefit Arrangement.

Unrepresented Employees who elect to waive and opt out of medical coverage offered by the City because they have provided the City with reasonable written proof of minimum essential coverage (“MEC”) through another source (other than coverage in the individual market, whether or not obtained through Covered America, such as written proof of coverage by a spouse’s employer) are eligible to receive a medical coverage opt-out benefit. $77.51(month)
$155.02 (month)
$201.53(month)
5 83
The health medical coverage opt-out benefit shall be paid on a per pay period basis in the form of City’s contributions to these employees’ Health Reimbursement Accounts (“HRAs”). The total annual medical coverage opt-out benefit is:

Employee Only: $115.38 per pay period ($3,000 per year) Employee +1 or Family: $153.85 per pay period ($4,000 per year) The medical coverage opt-out benefit shall not be considered pensionable compensation. Eligible unrepresented employees, who have elected to receive the medical coverage opt-out benefit and who later have an eligible qualifying event, as defined by the City’s Medical Plan, and choose to enroll in one of the medical benefit options described above, shall no longer be eligible for the City’s contribution to the employees’ HRA accounts.

An employee whose spouse or registered domestic partner is also a City employee and who is eligible for dual coverage may elect to opt out and receive the payments outlined above, while their spouse enrolls in City-sponsored medical coverage.

Dental Plan: The City will provide dental insurance for unrepresented employees and any eligible dependents for plan years 2024, 2025 and 2026. The City Dental Plan will be offered through Standard.

Plans are as follows:

Plan A: $100/$300 Deductible—$1,000 Annual Maximum (100% paid by the City) Plan B (Buy-Up Option): $100/$300 Deductible— $1,500 Annual Maximum If Plan B is selected, per pay period contribution rate for plane year 2024 shall be as follows:

Employee Only - $4.82 per pay period
Employee plus 1 - $9.06 per pay period
Employee Plus Family - $14.12 per pay period
*City will make premiums available to employees during open enrollment each year for 2025 & 2026 Vision Plan: The City agrees to continue to provide vision insurance for unrepresented employee and any eligible dependents at no cost to the employee for 2024, 2025, and 2026 Plan Years Life Insurance: The City shall pay the premium for a $50,000 life insurance policy for Unrepresented employees.

Short/Long Term Disability: City Sponsored STD and LTD Plan (the City does not participate in the California State Short Tem Disability program.

PUBLIC EMPLOYEES RETIREMENT SYSTEM
On behalf of its unrepresented employees, the City has contracted with the California Public Employees' Retirement System (PERS) for retirement benefits.
6 84

ADMIN LEAVE
Per the Administrative Leave policy unrepresented employees shall receive admin leave at rate determined by the Appointing Authority and shall be based on the operational needs of the position and the department. Admin leave may not be "banked" from year to year.

HOLIDAYS
Paid holidays for Unrepresented employees shall be as follows:

New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
Memorial Day
Juneteenth
Independence Day
Labor Day
Indigenous Peoples Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
January 1st
3rd Monday in January
3rd Monday in February
Last Monday in May
June 19th
July 4th
First Monday in September
Second Monday in September
November 11th
Last Thursday in November
Last Friday in November
December 24th
December 25th
Holidays which fall on a Saturday shall be observed on the preceding Friday, and holidays which fall on a Sunday shall be observed on the following Monday.

Paid Time Off (PTO)
Unrepresented Management employees PTO shall accrue at the levels below:

Year 1 thru 3 168
Year 4 thru 6 208
Year 7 thru 9 248
Year 10 thru 12 256
Year 13 thru 15 264
Year 16+ 288
Unrepresented Executive Management Team employees PTO shall accrue at the levels below:

Year 1 thru 3 224
Year 4 thru 5 264
Year 6 thru 7 272
Year 8 thru 9 280
Year 10+ 304
7 85
Effective October 1, 2023, Unrepresented Management PTO "sell back" shall be capped at 120 hours.

Unrepresented Executive Management PTO "Sell back" shall be capped at 200 hours.

Unrepresented employees can elect to sell back the maximum allowable PTO hours up to two times per year. In compliance with IRS regulations, employees must make an irrevocable election to receive a cash payment of PTO hours prior to accruing those hours. Employees must submit an irrevocable election form to Payroll no later than December 31st of the year prior to the year in which the PTO will be accrued and paid out. The City Finance Department will cash out the apportioned hours in the pay period following the accrual of the entire amount of requested hours sold.

PTO "sell back" may only be utilized after taking at least 40 hours of PTO time in a 12 month period preceding PTO "sell back" and is defined as employee's choice to be deposited into a tax-exempt IRS defined 401a, 457, section 115/HRA account or taxable compensation.

The City Manager retains the management right to halt "sell back" benefits as described, if the City's General Fund Reserves fall below the City Council's Reserve policy (currently 25% of General Fund Reserves), or upon a financial need as determined by the City Manager. Under standard government, civil code, such limits do not apply to those retiring or resigning from the City.

Upon retirement from the City of South Lake Tahoe, Unrepresented Management shall be offered the option to be provided the balance in their PTO account as either a tax-exempt payment to an HRA, 401a, or 457 account up to the maximum authorized by the IRS or taxable compensation.

Upon retirement from the City of South Lake Tahoe, Unrepresented Executive Management shall be offered the option to be provided the balance in their PTO account as either a tax-exempt payment to an HRA, 401a, or 457 account up to the maximum authorized by the IRS or taxable compensation.

BEREAVEMENT LEAVE
Unrepresented employees shall be allowed 40 hours paid time off per year for bereavement in the event of the death of one of the following: Parents, step-parents, spouse, registered domestic partner, child or stepchild, grandchild, brother, sister, step brother, step sister, current parents-in-law, current sister or brother in law, grandparent, current grandparent-in-law. In no event will an employee be eligible to receive more than a total of 40 hours per calendar year for bereavement leave. Additionally, the City will comply with AB1949 for unpaid leaves and in the event of multiple occurrences in any given calendar year.

MANAGEMENT/SUPERVISION/ PROFESSIONAL INCENTIVE PAY
Unrepresented employees earning a minimum of 64 hours of education/training/licensing (documented and approved by their department head and City Manager), shall receive two percent (2.0%) above the authorized rate of pay contained in the approved salary plan. Any future hours earned must be preapproved by the department head and City Manager.

If education is used to accumulate the hours, courses must have been completed with a grade of “C” or better. One semester unit is equivalent to 15 hours; one quarter unit is equivalent to 10 hours. 8 86

BILINGUAL PAY
The City will pay an additional $150.00 per month to unrepresented employees in this unit who are able to demonstrate Fluency Tier 2 (Speak, Read & Write) capacity in language(s) the City determines are necessary to effectively communicate with the community it serves. The testing will be administered through Human Resources. A written request for testing must be submitted to Human Resources. If the City determines that the employee is bilingual, the employee will be paid the bilingual differential effective the month in which the request for examination was submitted. All current recipients shall continue to receive current rate of $50.00 per month and must test for either Tier 1 or Tier 2 to receive the increased amounts above following approval of this MOU. The current $50.00 per month will discontinue when an employee qualifies for either Tier 1 or Tier 2 bilingual status.

LAYOFF AND SEVERANCE
Unrepresented employees who have been laid off by action by the City Council shall be eligible for compensation at their base hourly rate, in addition to any other payouts to which the employee is entitled, according to the following schedule:

Years of Service *
More Than Less Than or Equal To Pay Periods of Compensation 1 2
2 3
3 4
4 5
5 6
6 7
7 8
8 9
9 10
10 2
3 4
5 6
7 8
9 10
13 *Year(s) of service means full calendar year(s) from the employee’s date of hire.

Unrepresented employees working less than full time at the time a layoff notice is issued to them shall receive the same proportion of full time compensation as the proportion of pay period they were working at the time the layoff notice was issued.

In addition to the cash compensation in paragraph A above, unrepresented employees laid off by action of the City Council shall continue to receive City health plan coverage for themselves and their families, if their families are enrolled in the City health plan at the time the layoff notice is issued, according to the following schedule:

Years of* Months of Continued
Service Health Plan Coverage**
Less than 1 0
1 but less than 2 1
2 but less than 3 2
3 but less than 4 3
4 but less than 5 4
5 but less than 6 5
6 or more 6
9 87
* Year(s) of service means full calendar year(s) from the employee’s date of hire. ** Part time unrepresented employees will receive the same proportion of city paid health insurance as they are receiving at the time the layoff notice is issued and can continue their health insurance coverage if they continue to pay the same additional premium as they are paying at the time the layoff notice is issued.

Laid off unrepresented employees who become eligible for another employer sponsored health plan shall no longer be eligible for the City paid health plan benefits regardless of the number of months elapsed since the effective date of their layoff and regardless of whether or not they choose to participate in the employer sponsored health plan for which they are eligible.

Unrepresented employees who are rehired by the City during the period for which they have received benefits under paragraph A above shall repay to the City any compensation in excess of the number of pay periods of their layoff.

Employees rehired who have maintained their City sponsored health plan during the period of their layoff shall not be subject to any waiting period or any exclusion for preexisting conditions.

PERSONNEL RULES AND REGULATIONS
Unless otherwise specified in this Agreement, Unrepresented employees shall be subject to the City of South Lake Tahoe Personnel Rules and Regulations. Existing Employment Contracts remain in full force and effective.

Salary Table as of October 1, 2023
0010 CITY CLERK 1342 FIRE CHIEF
Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1100/1138/01 47.85932 8,296 1300/1320/01 82.28459 14,263 1100/1138/02 50.24876 8,710 1300/1320/02 86.39883 14,976 1100/1138/03 52.76415 9,146 1300/1320/03 90.71877 15,725 1100/1138/04 55.40095 9,603 1300/1320/04 95.25470 16,511 1100/1138/05 58.17469 10,084 1300/1320/05 100.01743 17,336 1620 CHIEF OF POLICE 2400 PARKS AND RECREATION DIRECTOR Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1300/1362/01 83.05859 14,397 1300/1420/01 70.30285 12,186 1300/1362/02 87.21153 15,117 1300/1420/02 73.81846 12,795 1300/1362/03 91.57211 15,872 1300/1420/03 77.50938 13,435 1300/1362/04 96.15071 16,666 1300/1420/04 81.38497 14,107 1300/1362/05 100.95824 17,499 1300/1420/05 85.45409 14,812 1350 DIRECTOR OF DEVELOPMENT SERVICES 1240 ASSISTANT CITY ATTORNEY Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1300/1350/01 72.20109 12,515 1301/1240/01 68.72885 11,913 1300/1350/02 75.81157 13,141 1301/1240/02 72.16528 12,509 1300/1350/03 79.60215 13,798 1301/1240/03 75.77355 13,134 1300/1350/04 83.58236 14,488 1301/1240/04 79.56223 13,791 1300/1350/05 87.76137 15,212 1301/1240/05 83.54033 14,480 88 1340 DIRECTOR OF FINANCE 1321 ASSISTANT CITY MANAGER Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1300/1340/01 72.76345 12,612 1301/1321/01 82.13486 14,237 1300/1340/02 76.40211 13,243 1301/1321/02 86.24161 14,949 1300/1340/03 80.22221 13,905 1301/1321/03 90.55369 15,696 1300/1340/04 84.23344 14,600 1301/1321/04 95.08137 16,481 1300/1340/05 88.44498 15,330 1301/1321/05 99.83543 17,305 2120 DIRECTOR OF PUBLIC WORKS 1431 AIRPORT MANAGER
Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1300/1445/01 73.89496 12,808 1401/1493/01 61.05117 10,582 1300/1445/02 77.58970 13,449 1401/1493/02 64.10365 11,111 1300/1445/03 81.46919 14,121 1401/1493/03 67.30896 11,667 1300/1445/04 85.54272 14,827 1401/1493/04 70.67429 12,250 1300/1445/05 89.81978 15,569 1401/1493/05 74.20802 12,863 1454 COMMUNICATIONS & PROJECT SPECIALIST 1462 RISK MANAGER Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1401/1454/01 37.06047 6,424 1401/1462/01 44.37863 7,692 1401/1454/02 38.91349 6,745 1401/1462/02 46.59757 8,077 1401/1454/03 40.85917 7,082 1401/1462/03 48.92744 8,481 1401/1454/04 42.90213 7,436 1401/1462/04 51.37383 8,905 1401/1454/05 45.04724 7,808 1401/1462/05 53.94248 9,350 2310 FIRE MARSHALL 6680 PARALEGAL
Index Key Value Hourly Monthly Index Key Value Hourly Monthly 4201/2310/01 61.18029 10,605 1501/6680/01 28.53716 4,946 4201/2310/02 64.23933 11,135 1501/6680/02 29.96401 5,194 4201/2310/03 67.45129 11,692 1501/6680/03 31.46204 5,453 4201/2310/04 70.82386 12,276 1501/6680/04 33.03473 5,726 4201/2310/05 74.36498 12,890 1501/6680/05 34.68677 6,012 3750 H.R. ANALYST 3474 SUSTAINABILITY COORDINATOR
Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1401/1423/01 40.50534 7,021 1501/3474/01 39.19066 6,793 1401/1423/02 42.53061 7,372 1501/3474/02 41.15019 7,133 1401/1423/03 44.65714 7,741 1501/3474/03 43.20767 7,489 1401/1423/04 46.89000 8,128 1501/3474/04 45.36803 7,864 1401/1423/05 49.23450 8,534 1501/3474/05 47.63647 8,257 1091 HUMAN RESOURCES MANAGER 3751 PRINCIPAL H.R. ANALYST Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1401/1435/01 54.59285 9,463 1401/1482/01 48.59895 8,424 1401/1435/02 57.31638 9,935 1401/1482/02 51.02341 8,844 1401/1435/03 60.18640 10,432 1401/1482/03 53.57832 9,287 1401/1435/04 63.19089 10,953 1401/1482/04 56.25292 9,751 1401/1435/05 66.35413 11,501 1401/1482/05 59.06890 10,239 89 Council Agenda Report September 26, 2023 Page 1 of 3 City of South Lake Tahoe
Report to City Council
September 26, 2023
Title: Unrepresented Employee’s Compensation and Benefit Package Location: Citywide
Responsible Staff Member: Ember Buckman CGHR-CP, Human Resources Manager Background:

Certain designated employee classifications are not represented by labor groups. The wages, hours, and working conditions provided to this unrepresented group have historically remained consistent with changes in wages, hours, and working conditions negotiated with represented groups.

Issue and Discussion: The City of South Lake Tahoe and unrepresented management employees, including the elected City Clerk have met and conferred in good faith and have agreed to terms included in the attached Unrepresented Employee’s Compensation and Benefit Package.

Previously unrepresented compensation and benefits were adopted by the council in Resolutions 2017-64, 2018-107, and 2020-094. Any changes are consistent with guidance provided by the South Lake Tahoe City Council. All previously approved and requested changes are incorporated into the attached unrepresented Compensation and Benefits package.

Summary of Changes:

1. Implementation of 2023 Classification and Compensation Study Unrepresented Classifications under market median
Effective October 1, 2023, or the pay period following City Council approval of the Unrepresented Compensation and Benefit Package. Whichever is later. Will receive Equity Increases based upon compensation (Base+Cash+Benefits) market median.

Classifications under market median and market deviation are provided in the attached Unrepresented Compensation and Benefits package.
• Year 1: 34% of equity adjustment of September 30, 2023 Salary. Not compounded • Year 2: 33% of equity adjustment of September 30, 2023 Salary. Not compounded • Year 3: 33% of equity adjustment of September 30, 2023 Salary. Not compounded *The Fire Chief and Police Chief will have implementation over two years

2. COLAs
To prevent compaction between represented classifications and unrepresented classifications. unrepresented classifications will receive the same COLA package as other classifications:

Year 1: COLA 4.2% Effective 10/1/2023 or following City Council approval of Unrepresented Compensation and Benefit Package
90 Council Agenda Report September 26, 2023 Page 2 of 3 Year 2: COLA (1-4%) Based upon April SF/Oakland San Jose CPI Year 3: COLA (1-4%) Based upon April SF/Oakland San Jose CPI Classifications identified as "Over Market Median" shall be Y-rated. Classification over market median and market deviation are provided in the attached Unrepresented Compensation and Benefits package.

3. Cash Distributions for Y-rated employees:

Year 1: Employees in classifications "Over Market" will have COLA reduced by up to 4.2% to correspond with amount their classification is over market. Employees in such classifications will receive a one-time distribution of a percentage equal to the COLA reduction up to a maximum of 4.2%.
b. Year 2: Employees in classifications still "Over Market", after foregoing COLA for year 1, will have their Year 2 COLA reduced by up to 4% to correspond with amount of the COLA and the amount their classification is still over market. Employees in such classifications will receive a one-time distribution of a percentage equal to the COLA reduction up to a maximum of 4%.
c. Year 3: Employees in classifications still "Over Market", after foregoing COLAs for years 1 & 2, will have their Year 3 COLA reduced by up to 4% to correspond with amount of the COLA and the amount their classification is still over market. Employees in such classifications will receive a one-time distribution of a percentage equal to the COLA reduction up to a maximum of 4%.

4. 457 Matching Contribution
During the adoption of the 2021 Memorandum of Understandings, the Council approved a $500 increase to the 457 Matching Contribution for all six bargaining units. To maintain consistency, the 457 Matching Contribution for unrepresented employees will also be increased by $500.

If an Unrepresented Management employee makes a contribution to the employees’ 457 account, the City will make a matching dollar-for-dollar contribution on a per-pay-period basis, up to a maximum of three thousand dollars ($3,000.00) per year.

If an Unrepresented Executive employee makes a contribution to the employees’ 457 account, the City will make a matching dollar-for-dollar contribution on a per-pay-period basis, up to a maximum of four thousand dollars ($4,000.00) per year.

5. PTO Sell Back
The PTO sell-back cap for Unrepresented employees will be raised to effectively decrease long-term liability for employees who are leaving City employment.

Unrepresented Management PTO “sell back” shall be capped at 120 hours up to two times per year.

Unrepresented Executive PTO “sell back” shall be capped at 200 hours up to two times per year.
91 Council Agenda Report September 26, 2023 Page 3 of 3

6. City Medical Plans:

The City's Medical plan for plan years 2024-2026 will be offered through the FRMS JPA. The City of South Lake Tahoe will offer three plans through the FRMS JPA for plan years 2024-2026, as follows:

HDHP/HSA - City will contribute 100% of the premium cost for this plan option. If an unrepresented employee elects the HDHP/HSA plan, the City will contribute $2,500.00 for individual coverage and $4,200.00 for Employee + one or Family coverage into an HSA. This contribution will be "front-loaded" the first pay period that includes January 1st of each year.

PPO 1000 - The City will contribute 100% of the premium for this plan for the FIRST plan year (2024) only.

PPO 500 (Buy-up option) - Employees who elect this plan option will pay the difference between the PPO 1000 plan and the PPO 500 plan. For the first plan year.

(2024) rates are as follows:

Per Pay Period Buy-up Cost PPO 500 ( 2024)
EE = $35.77
EE+ 1 = $71.55
EE+Family $93.01
Dental - City to continue contributing 100% of the premium cost for Plan A for plan years 2024 - 2026.

Vision - City to continue contributing 100% of the premium cost for plan years 2024 - 2026.

Financial Implications: The financial impact on the class and compensation has been considered in the approval of the 2023/2024 budget. The additional benefits expense can be covered by utilizing the savings from health insurance costs for the 2024 plan year, which are already accounted for in the current budget.

Environmental Considerations: This action is not a “project” requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment).

Policy Implications: This action is consistent with 2023-2028 Strategic Plan Action Item 4.3.4, Implement the City’s Classification and Compensation study. 92 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:8
Agenda Item: Memorandum of Understanding (MOU) with the Firefighters' Association Executive Summary: The attached resolution approves a Memorandum of Understanding (MOU) with the Firefighters' Association. This MOU will be effective from October 1, 2023, to September 30, 2026, and will include the implementation of the City Classification & Compensation study. The MOU also includes a cost-of-living adjustment (COLA) of 4.2% percent, effective October 1, 2023, and a COLA increase of 1%-4% for years 2024 and 2025, based on the annual SF/Oakland/Hayward CPI as of the month of April. Additionally, the MOU offers a benefits package with reduced rates for both employees and the City while maintaining city-sponsored options. Lastly, there are minor "clean-up" provisions included in the MOU.

Requested Action / Suggested Motions: Pass a Resolution approving MOU with the Firefighters' Association
Responsible Staff Member: Ember Buckman, CGHR-CP, Human Resources Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01 - Staff Report - South Lake Tahoe Firefighters MOU.docx 02 - Resolution - MOU Firefighters Association.docx
03 - MOU Firefighters' Association (EXH. A to reso).pdf 93 Council Agenda Report September 26, 2023 Page 1 of 3 City of South Lake Tahoe
Report to City Council
September 26, 2023
Title: Firefighters’ Association Labor Agreement
Location: Citywide
Responsible Staff Member: Ember Buckman CGHR-CP, Human Resources Manager (530) 542-6050
Background: In accordance with the provisions of the Meyers-Milias-Brown Act (MMBA), the City has met and conferred in good faith with employees represented by the Firefighters’ Association.

The City of South Lake Tahoe and the Firefighters’ Association as represented by the attached resolution have successfully agreed to tentative agreements on wages, hours, and other terms and conditions of employment. This process has resulted in changes to the previous Memorandum of Understanding (MOU) and requires approval of updated MOU for the bargaining unit by the City Council of the City of South Lake Tahoe.

The previous MOU for the Firefighters’ Association was effective from January 1, 2021 through September 30, 2023.

The proposed changes to the existing MOU are consistent with direction provided by the South Lake Tahoe City Council during the meet and confer process with the City's Labor Negotiators.

The Firefighters’ Association and City representatives have acted in good faith throughout the bargaining process in arriving at this proposed agreement.

Issue and Discussion: Action is being requested by the City Council to adopt a resolution approving the new MOU for the Firefighters’ Association.

To complete this process successfully, the terms and conditions proposed herein must be ratified at a public meeting. Ratification of this agreement whose changes fall within the direction provided by the City Council and are ratified by the Firefighters’ Association, demonstrates good faith bargaining by the City of South Lake Tahoe.

Changes to the Firefighters’ Association MOU include the following:

1. Term of agreement: October 1, 2023 through September 30, 2026

2. Salary Increase:
a. Implementation of City Classification and Compensation study. Bringing classifications under market median to market median with a three-year implementation. 94 Council Agenda Report September 26, 2023 Page 2 of 3  Year 1: 34% of equity adjustment of September 30, 2023 Salary. Not compounded.  Year 2: 33% of equity adjustment of September 30, 2023 Salary. Not compounded.  Year 3: 33% of equity adjustment of September 30, 2023 Salary. Not compounded. b. COLAs
 4.2% salary increase October 1, 2023
 1%-4% COLA (based on April CPI SF/Oakland Hayward) the first pay period containing October 1, 2024
 1%-4% COLA (based on April CPI SF/Oakland Hayward) the first pay period containing October 1, 2025

3. City Medical Plans:

The City's Medical plan for plan years 2024-2026 will be offered through the FRMS JPA. The City of South Lake Tahoe will offer three plans through the FRMS JPA for plan years 2024-2026, as follows:

HDHP/HSA - City will contribute 100% of the premium cost for this plan option. If an employee elects the HDHP/HSA plan, the City will contribute $2,500.00 for individual coverage and $4,200.00 for Employee + one or Family coverage into an HSA. This contribution will be "front-loaded" the first pay period including January 1st of each year.

PPO 1000 - The City will contribute 100% of the premium for this plan for the FIRST plan year (2024) only.

PPO 500 (Buy-up option) - Employees who elect this plan option will pay the difference between the PPO 1000 plan and the PPO 500 plan. For the first plan year.

(2024) rates are as follows:

Per Pay Period Buy-up Cost PPO 500 ( 2024)
EE = $35.77
EE+ 1 = $71.55
EE+Family $93.01
Dental - City to continue contributing 100% of the premium cost for Plan A for plan years 2024 - 2026.

Vision - City to continue contributing 100% of the premium cost for plan years 2024 - 2026.

4. Clean-up provisions included in the MOU’s
Financial Implications: The contract changes have been budgeted in the upcoming fiscal years and have no effect on the current year budget.
95 Council Agenda Report September 26, 2023 Page 3 of 3 Environmental Considerations: This action is not a “project” requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment).

Policy Implications: This action is consistent with 2023-2028 Strategic Plan Action Item 4.3.4, Implement the City’s Classification and Compensation study. 96 Resolution 2023-XXX September 26, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
September 26, 2023
Approving Memorandum of Understanding with the Firefighters’ Association

BACKGROUND
A. The City of South Lake Tahoe and the Firefighters’ Association (the "Association”) have met and conferred in good faith in accordance with the provisions of the Meyers-MiliasBrown Act of the California Government Code.

B. The Association has ratified modifications to their Memorandum of Understanding for the term of October 1, 2023, through September 30, 2026.

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

1. Approves the modifications to the Memorandum of Understanding between the City of South Lake Tahoe and the Association, which is incorporated into the Memorandum of Understanding attached hereto as Exhibit A.

2. Authorizes and Directs the Mayor to Execute the Memorandum of Understanding.

3. Directs the City Manager to take all steps that are proper and necessary to implement the Memorandum of Understanding.

Adopted by the City of South Lake Tahoe City Council on September 26, 2023, by the following vote:

Yes:

No:

Absent:

Abstain:
___________________________ Date:___________
Cristi Creegan, Mayor
Attest:
____________________________
Susan Blankenship, City Clerk
97 Resolution 2023-XXX September 26, 2023 Page 2 of 2
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:9
Agenda Item: Potential Revenue Ballot Measures and Expenditure Plans for Housing, Transit, and Snow Removal for the November 2024 Election
Executive Summary: City Council is asked to decide which, if any, revenue-generating ballot measures to pursue for the November 2024 election. On any potential ballot measure chosen, staff will continue to work on community engagement and polling and will bring a resolution for consideration by June 2024 to place the measure on the ballot. Per Council request, staff has included expenditure plans to show how the City would spend additional revenue generated through a successful ballot measure on housing and/or transit.

Requested Action / Suggested Motions: Pass a Motion providing direction to the City Manager and City Attorney on whether to continue to work towards putting any of the following potential ballot measures on the November 2024 ballot: 1) Special Transit Occupancy Tax (TOT) Increase for Housing; 2) Special TOT Increase for Transit; 3) General TOT Increase; 4) Charter City and Increase to Real Property Transfer Tax; or 5) Increase Snow Removal Parcel Tax.

Responsible Staff Member: Joseph D. Irvin, City Manager and Heather L. Stroud, City Attorney Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Potential Revenue Ballot Measures Nov. 2024.docx 02 - South Lake Tahoe VIA Comprehensive Transit Analysis.pdf 03 - Charter City Stakeholder Meeting Summary of Comments and Questions.docx 04 - November 2022 Ballot Measure Results.pdf
151
Council Agenda Report – September 26, 2023 Page 1 of 6
City of South Lake Tahoe
Report to City Council
Meeting Date: September 26, 2023
Title: Potential Revenue Ballot Measures and Expenditure Plans for Housing, Transit, and Snow Removal for the November 2024 Election
Location: Citywide
Responsible Staff Members: Joseph D. Irvin, City Manager (530) 542-6043 Heather L. Stroud, City Attorney (530) 542-6046
Background:

At prior meetings since January 2023, City Council has discussed several potential revenuegenerating ballot measures to fund housing programs, transit, and snow removal and has narrowed down the preferred options. Today, City Council is asked to decide whether to continue work towards putting any of these potential ballot measures on the November 2024 ballot:

1. Special Transit Occupancy Tax (TOT) Increase for Housing

2. Special TOT Increase for Transit

3. General TOT Increase

4. Charter City and Increase Real Property Transfer Tax

5. Increase Snow Removal Parcel Tax
Prior Council Discussion on Ballot Measures for Housing and Transit On January 24, 2023, staff presented revenue generation options to City Council to fund the City’s housing program. City Council directed staff to perform public outreach on local funding sources as follows: Special Tax Revenue Sources (TOT and Real Estate Vacancy Tax); Development Dependent Sources (Inclusionary Housing In-Lieu Fee and Commercial Linkage Fee). Staff conducted a total of five stakeholder meetings in addition to one-on-one outreach to stakeholders.

After further direction from City Council, the Inclusionary Housing Ordinance is being considered by Planning Commission on September 21, and on September 12, City Council directed staff not to pursue a Commercial Linkage Fee at this time based on current market conditions.

On May 2, 2023, staff presented the feedback from the stakeholder outreach on the potential TOT increase and new real estate vacancy tax. City Council directed not to pursue the vacancy tax at this time but to continue to look into the TOT increase. City Council directed staff to bring back a TOT expenditure plan for housing. Mayor Pro Tem Bass also expressed some interest to alternatively consider a special TOT increase to support transit enhancements. City Council also directed staff to conduct public outreach and bring back a discussion regarding Charter City options including information on a real property transfer tax.

Over the summer, the ad hoc Charter City Subcommittee (Mayor Pro Tem Bass and Councilmember Robbins) have been working with the City Manager and City Attorney and held a community public 152
Council Agenda Report – September 26, 2023 Page 2 of 6
forum on September 5, 2023, related to charter city options. A summary of the comments and questions received at that meeting is included with this agenda item.

Prior Council Discussion on Potential Ballot Measure for Snow Removal On June 6, 2023, City Council requested a future item be brought back to consider an increase to the El Dorado County Service Area 3 Parcel Tax. The current tax of $20 per improved parcel was approved by voters in 1989. City Council also requested analysis of whether a parcel tax increase could be set up to automatically increase to adjust for inflation.

Issue and Discussion:

Per Council request, staff has prepared expenditure plans to show how the City would spend additional revenue generated through a successful ballot measure on housing and on transit.

Housing Expenditure Plan
The expenditure plan is broken down into six broad categories based on the priorities identified in the 2022 Housing Element and the 2023-2028 Strategic Plan, for a total annual funding need of $3,250,000:

Program Projected
Need
Current
Funding
Potential Funding Sources Deliverables
New Construction program $1,000,000 $0  Federal Tax Credit Equity  State Tax Credit Equity
 State of CA – Affordable Housing &
Sustainable Communities (AHSC)
 State of CA – Multifamily Housing
Program (MHP)
 State of CA – Infill Infrastructure Grant
(IIG)
 State of CA – Permanent Local Housing
Allocation (PLHA)
 State of CA – Local Housing Matching
Grant (LGMG)
 State of CA – California Housing
Accelerator Program (CHAP)
 Federal - HOME
$1,000,000 in annual funding would be
expected to leverage about $93 million
in outside funding in the first three years
which represents production of at least
128 affordable units.

Locals Rental Incentive
Program (Lease to Locals)
$200,000 $500,000 None $200,000 in annual funding would place roughly 60 moderate income people
annually in existing housing stock.

Multifamily and Special
Needs Housing Acquisition
and Rehab Program
$1,500,000 $500,000  Federal Tax Credit Equity
 State Tax Credit Equity
 State of CA – MHP
 State of CA – PLHA
 State of CA – Project Homekey
 Federal - Home
$1,500,000 in annual funding would be
expected to leverage about $145 million
in outside funding in first three years and
represents the acquisition and
rehabilitation of 192 units for low &
moderate income and/or special needs
tenants.

Housing Issues Hotline &
Affirmatively Furthering
Fair Housing Programs
$150,000 $0 None Continued implementation of Housing
Hotline, outside fair housing legal
services and/or other programs.

Rental/Deposit Assistance
Program
$200,000 $0 None Provide up to 75 individuals and/or
families with rental deposit assistance.

Rehabilitation Loan
Program
$200,000 $0  State of CA – CDBG
 State of CA – HOME
 State of CA – PLHA
 Federal – USDA
 Federal – FEMA
$200,000 in annual funding would be
expected to leverage $500,000 in outside
funding over a three-year time period
and assist about 14 eligible households.
153
Council Agenda Report – September 26, 2023 Page 3 of 6
Transit Expenditure Plan
The VIA Comprehensive Transit
Analysis (attached) estimates all-day,
frequent service on Route 50 with 20-
minute headways, operating from 6am
to 12am, 7-days/week, year-round from
the Kingsbury Transit Center to the “Y”
Transit Center would cost
approximately $4.9M to $5.8M. The
study also estimates that citywide
microtransit service with an annual
ridership demand of 351,000 riders
would cost approximately $3.7M. The
potential total need to deliver the City’s
desired level-of-service for transit totals
up to $9.5M.

Currently, the Federal Transit
Administration (FTA) Formula 5307
monies apportioned by the Tahoe
Regional Planning Agency, serving as
the Tahoe Metropolitan Planning
Organization, is $3.85M (split between
TTD and Placer County). On top of this,
there are competitive grants that the
Tahoe Transportation District (TTD)
competes for and receives for capital
needs/fleet replacement, and rural FTA
funds for Carson Valley connections.

There is an additional approximate $2M
of California Transportation
Development Act monies currently
utilized for TTD transit operations. Assuming all those funding sources (totaling $5.8M) were to be apportioned for the City’s transit service area at levels referenced above, which most likely will not be the case because it would take resources away from other areas currently sharing these funds, there still would be a funding gap of $3.7M.

The below expenditure plan assumes potential new revenues from a ballot measure of approximately $3.25M. This would likely provide enough funding to support the City’s desired service level for microtransit but would still leave a funding gap to achieve the desired service level for Route 50.

Transit Type Current Funding Needed Funding Desired Service Level Route 50 FTA formula and
TDA monies to
TTD - $1.7M
$4.1M 20-min headways; 6am to
12am; 7-days/week, yearround
Microtransit $1.7M $2.4M Citywide – 7am to 10pm – 20-
min wait times
*Initial conversations with TTD have included their intent to allocate TDA monies to fund microtransit Zone 2 as depicted on the above map.

Source: Draft – TTD SRTP Concept
154
Council Agenda Report – September 26, 2023 Page 4 of 6
Revenue Ballot Measure Options
City Council is asked to decide whether to continue work towards putting any of the following potential ballot measures on the November 2024 ballot. The summary table below is followed by a more detailed description of each option. The potential revenue amounts listed for each measure are estimates because any measure the City Council selects to continue to work on would be subject to fine-tuning through public outreach and engagement including professional public opinion research (polling). Also attached to assist in City Council’s decision-making are the results from local ballot measures statewide from the November 2022 election.

Revenue Measure Votes Needed Evaluated Tax Rate Estimated Annual Revenue
Special TOT (Housing) 2/3 majority 2% increase citywide (to 14-16%)
$3,250,000
Special TOT (Transit) 2/3 majority 2% increase citywide (to 14-16%)
$3,250,000
General TOT Simple majority 2% increase citywide
(to 14-16%)
$3,250,000
Charter City/Real Property
Transfer Tax
Simple majority Change from current
$0.55 per $1,000 flat
rate to marginal
progressive tax rate
averaging $7 per
$1000
$3M-$4M
Snow Parcel Tax 2/3 majority of
voters
Increase from
$20/parcel to
$75/parcel
$875,625
Special TOT Increase for Housing
A special tax measure for housing to increase TOT by 2 percent citywide would generate approximately $3,250,000 for the City’s housing programs. As a special tax, such a measure would require approval from 2/3 of voters and would be restricted for use solely for the purpose of funding the City’s housing programs.

Special TOT Increase for Transit
A special tax measure for transit to increase TOT by 2 percent citywide would generate approximately $3,250,000 that could be used towards transit service in the City. As a special tax, such a measure would require approval from 2/3 of voters and would be restricted for use solely for the purpose of funding transit service.

General TOT Increase
A general tax measure to increase TOT by 2 percent citywide would generate approximately $3,250,000 that could be used for general governmental purposes that could include housing and transit. As a general tax, this requires approval from a simple majority of voters and could be used for general governmental purposes. The City Council could elect to use some or all of the funds for housing and/or transit but the revenue would not be restricted to these uses. 155
Council Agenda Report – September 26, 2023 Page 5 of 6
Charter City and Establish Real Property Transfer Tax
A real property transfer tax is a tax imposed on the conveyance of real property based on the value (sale price) of the property. Such a tax designed with a marginal progressive tax structure averaging $7 per $1000 of property sale price could generate approximately $3-$4M annually. Real property transfer taxes must be general taxes under state law, however, some or all of these funds could be spent on housing programs or transit.

The ad hoc Charter City Subcommittee does not necessarily recommend this option over the other tax measure options, but if the Council chooses this option, the subcommittee recommends that the tax be established on a marginal progressive basis, meaning that properties transferring at a higher sales price would have a higher marginal tax rate. One such example is Culver City, which lowered the rate to 0.45 per $1000 for property transfers less than $1.5M, but raised it incrementally from

1.5 percent for the portion of value up to $2.99M, 3 percent for the portion of value up to $9.99M, and 4 percent for the portion over $10M. The Subcommittee also recommends that if City Council select this option, that the task of drafting the City Charter be delegated to the Subcommittee and that extensive education and outreach should occur regarding the proposal to become a Charter City and adopt a marginal progressive real property transfer tax. The Subcommittee recommends that the break points and rates for the marginal progressive tax rate be determined based on this outreach, but that a target be set of approximately $4M of revenue per year.

Increase Special Snow Removal Parcel Tax
On September 20, 1989, a Joint Powers Agreement (JPA) between the City of South Lake Tahoe and El Dorado County was created to allow the County to form a Zone of Benefit within County Service Area No. 3 (CSA 3), which lies within the municipal boundaries of the City of South Lake Tahoe. The agreement allows the County to levy a charge of $20.00 per improved parcel. The County remits all funds collected to the City, less one percent (1%) for administrative costs.

These funds are dedicated to purchasing new snow removal equipment for the City of South Lake Tahoe. Due to a ten-year sunset clause in the original JPA, both parties executed an extension in March 1999, and the agreement is continued in full force and may only be terminated upon 180 days of written notice by either party.

During this period, the buying power of the $20 per parcel tax has diminished significantly due to inflationary costs. Based on the Producer Price index by Commodity, the index cost of Machinery and Equipment has risen from 118.2 in 1989 to 299.272 in 2023, an increase of 153%. The Consumer Price Index has risen by 270% during the same period. Applying the CPI increase between the 1989 charge to 2023, the current equivalent value is $73.44 per parcel.

If City Council elects this option, staff recommends that the ballot measure increase the parcel tax for snow equipment to $75 per parcel. State law does not allow a tax measure to include automatic increases for inflation. Under Proposition 218 (Article XIII C, sec. 2 of the California Constitution), no government may “impose, extend or increase” a tax without voter approval. The implementing statutes for Proposition 218 only allow a tax to be automatically adjusted for inflation if it is adjusted in accordance with a schedule of adjustments including a clearly defined formula for inflation adjustment that was adopted prior to November 6, 1996. Gov’t Code section 53750(h)(1). Increasing the snow parcel tax would require coordination with El Dorado County, which collects the tax for the City under the JPA.

It is worth noting that El Dorado County placed a measure on the ballot for March 3, 2020, to increase the parcel tax within the adjacent South Shore snow removal zone in unincorporated El 156
Council Agenda Report – September 26, 2023 Page 6 of 6
Dorado County from $20 to $80 for twenty years’ duration. That measure failed to get the required 2/3 voter approval, with 49 percent voting “yes” and 51 percent voting “no.” Financial Implications:

At this time no immediate cost are needed. Based on Council direction, forthcoming expenses could be related to consultant services for ballot measure polling and ballot measure communications strategy.

Policy Implications:

This agenda item is consistent with the City's Strategic Plan Goal 1.3.4 - Establish a local discretionary funding source to leverage access to and increase competitiveness for outside funds, and implement City Council direction to conduct outreach to analyze vacancy tax and transient occupancy tax funding sources and Goal 1.4.1 - Evaluate the option to develop a local revenue source (i.e., TBID, a Basin entry fee, paid parking, overnight parking fees at hotels and enhanced enforcement) to support transportation projects.
157
Phase 2 Study: City-Run Transit Option
City of South Lake Tahoe
Council Meeting
September 26, 2023
Comprehensive Transit
Analysis
158
Proprietary & Confidential.

Table of Contents
2 1. Study Goals and Objectives

2. Route 50 Planning

3. Microtransit Planning

4. Administrative Planning

5. Synthesis
159
Proprietary & Confidential.

Table of Contents
3 1. Study Goals and Objectives

2. Route 50 Planning

3. Microtransit Planning

4. Administrative Planning

5. Synthesis
160
Study Goals/Objectives
Project Summary
Expand upon the 2022 Comprehensive Transit Analysis study with further analysis of the following:
4 Fixed-Route Bus
Evaluate the cost of a
City-managed fixed-route
route service along US-50
that runs 7 days/week at
20-minute headways from
6am-midnight
Administrative Planning
Microtransit
Evaluate costs of running
microtransit throughout
the entire city limits to
operate 7 days/week from
6am-midnight
Establishment of City-Run Transit Agency
Identify policy actions needed with other regional bodies (e.g., Caltrans, TTD, TRPA) to implement a City-run transit agency
Outline key tasks and timeline for the required steps to become a designated FTA funding subrecipient.

Operations Planning
161
Proprietary & Confidential.

Table of Contents
5 1. Study Goals and Objectives

2. Route 50 Planning

3. Microtransit Planning

4. Administrative Planning

5. Synthesis
162
All-Day, Frequent Service on Route 50
Fixed-Route Analysis
Evaluation of annual operating cost to provide all-day, frequent service on U.S. 50:
● 20-minute frequencies
● Operating from 6am to 12am
● 7 days/week, year-round
● Extended from Stateline Transit Center to Kingsbury
Transit Center
● Considerations for electric bus fleet with mid-cycle
charging at LTCC
● Assumes City takes over existing vehicles and
maintenance facilities
6 Adjusted Route 50 corridor shown in Red, along with Route 55 in orange and the SSTMA Lake Link microtransit zone. Note: This study does not examine any changes to the existing Route 55. 163
Key Drivers of Increased Operating Costs
Fixed-Route Analysis
● Ongoing driver shortages and supply-chain challenges affect transit agencies throughout Northern California — at $225/revenue-hour TTD’s hourly operating costs are up nearly 80% since FY 2019 ● Longer hours of operation from 6am to midnight — from current span of 6:30am to 7:40pm ● More frequent service (20-minute headways), requires expanding vehicle fleet from 2 vehicles to 4 vehicles ● Longer service corridor to Kingsbury Transit, extended from Stateline Transit Center ● Electric fleets require longer layovers at LTCC, minimum 15 minutes per cycle 7 Remix Scheduling software tool used to
block out service on Route 50. Longer
layovers used for mid-day EV charging
at LTCC result in higher operating costs 164
All-Day, Frequent Service on Route 50
Fixed-Route Analysis
8 Existing Route 50 All-Day, Frequent Service on
Route 50 1
Frequency (mins.) Peak: 35
Off-peak: 60
20 Cycle Time (mins.) 42 58 - 80
Hours of Operations 6:30am - 7:40pm 6am - 12am
Vehicles Required 2 4
Est. Annual Revenue-Hours 7,700 22,400 - 25,700
Est. Annual Operating Cost 2 $1.71 million $4.95 - 5.84 million

1. Ranges assume no electrification at the low end and 15-minute EV charging time at LTCC every cycle at the high end.

2. Assumes hourly operating cost per revenue-hour have increased to $225, per TRPA. 165 Proprietary & Confidential.

Table of Contents
9 1. Study Goals and Objectives

2. Route 50 Planning

3. Microtransit Planning

4. Administrative Planning

5. Synthesis
166
Citywide Microtransit Service
Lake Link Microtransit
● Since launching in July 2022, ridership on Lake Link has continually exceeded expectations, serving 300-500
riders per day throughout the year, or about 2X the
ridership we would expect based on ridership levels
found in the microtransit services of peer communities. ● Due to operator shortages and severe weather
conditions, passenger quality-of-service worsened
significantly, with average wait times of 30-65 minutes between November 2022 and April 2023.
● Many TTD trips were cancelled during this time, and the displaced TTD riders often used Lake Link as their only transportation alternative. As a result, ridership
continued to grow on Lake Link despite deteriorating
quality of service.
10 Lake Link pickups heatmap and performance metrics
reported in March 2023. Source: SSTMA
167
Citywide Microtransit: Key Parameters
Lake Link Microtransit
Given the sustained high ridership of Lake Link microtransit service, we re-evaluated a citywide microtransit service scenario under several key assumptions:
● Four demand scenarios for citywide microtransit service, with and without commingled ADA paratransit service 1
○ Low: Demand intensity lower than peer services
○ Medium: Demand intensity similar to peer services
○ High: Demand intensity higher than peer services
○ Very High: Demand intensity much higher than peer
services, resulting from suspended TTD fixed-route trips ● Lake Link continues to provide curb-to-curb service.
● Maximum wait time: 30 minutes
● Maximum detour allowance: 10 minutes in addition to
shortest-path ride duration
● Vehicle capacity: 6 passengers, 1 wheelchair passenger ● US-50 corridor continues to be primary demand center
11 Citywide microtransit zone shown in blue with
existing Lake Link service zone in red.

1. Assumes the same vehicle fleet, drivers, and software platform are used to operate both Lake Link microtransit and the complementary ADA paratransit service (currently operated by TTD).
168
Ridership Estimation
Lake Link Microtransit
12 Citywide microtransit zone shown in blue with
existing Lake Link service zone in red.

Demand Scenario Existing
Lake Link
Service
Citywide
Service
Citywide
Service +
Commingled
ADA
Paratransit
Low 267 352 382
Medium 396 522 557
High 480 633 673
Maximum 600 965 1,005
Average Daily Ridership, Passenger Boardings 1

1. Assumes 1.2 passenger boardings per completed ride. 169 Microtransit Simulations: Citywide Service
Lake Link Microtransit
13 Demand Scenario
Low Medium High Max.

Annual ridership 128,000 190,000 230,000 351,000
Average wait time (mins.) 8.1 10.2 10.6 11.8
Average ride duration (mins.) 13.0 14.2 15.4 15.1
Shared-ride duration percentage 48% 68% 67% 74%
Peak vehicles required 6 7 8 10
Utilization (rides per vehicle-hour, daily average) 3.8 4.7 5.1 6.1 Annual revenue-hours 33,900 40,400 44,800 57,100
Annual operating cost 1 $2.19 million $2.61 million $2.90 million $3.69 million Avg. cost per passenger trip $17 $14 $13 $11

1. Assumes turnkey contracted service, $64/vehicle-hour 170 Proprietary & Confidential.

Table of Contents
14 1. Study Goals and Objectives

2. Route 50 Planning

3. Microtransit Planning

4. Administrative Planning

5. Synthesis
171
Proprietary & Confidential.

Establishment of an Independent, City-Run Transit Agency Administrative Planning
The City is exploring the feasibility of creating a new, municipal transit agency to operate more frequent and comprehensive transit service in South Lake Tahoe. Creating a new transit agency is a significant undertaking requiring key actions:

1. FTA Enrollment:
a. Public transit agencies in the U.S. are funded primarily through FTA formula grants. As an FTA-designated urbanized area, City would be eligible for formula funding primarily from Section 5307 (Urbanized Area Grants).
b. However, a new transit agency must demonstrate its legal, technical, regulatory, and financial capacities to be become an eligible subrecipient of federal funding.
c. Similar enrollment process is also required with Caltrans to access California LTF and STA funds.

2. Bistate Compact:
a. The Tahoe Basin is governed by a unique bistate agreement, the Tahoe Regional Planning Compact, established in 1980 through an Act of Congress, to manage roads and transit in the region. b. Compact designates TRPA as the programmer for federal (and state) transit funds in the region and grants TTD exclusive rights to operate transit in the area. TTD must assent to the creation of a new transit agency in the region, as it did with the SSTMA Lake Link microtransit service.

3. Apportionment
a. TRPA apportions FTA funds between TTD and Placer County according to a formula that equally weights each transit agency’s service area population, revenue-miles, and ridership. 15172 Proprietary & Confidential.

Enrollment as FTA Subrecipient
Administrative Planning
To become eligible for FTA funding and offset the City’s cost of transit operations & maintenance, the City must enroll as an FTA subrecipient to TTD (the Designated Recipient) and TRPA, which programs FTA funding in Tahoe Basin. Enrollment for new subrecipients requires several significant steps with FTA Region 9:

Demonstrate Legal Capacity

1. City Attorney must establish that the City is legally eligible to seek FTA funding and has received approval from both TTD and TRPA to apply for Section 5307 funds.

2. City must gain approval from TTD to operate transit, per Bistate Compact. a. TTD maintains exclusive status to own and operate public transit in the Basin, though it has never exercised this exclusivity clause.
b. In practice, TTD must assent to creation of a City-run transit agency, as it did likewise in the creation of the Lake Link microtransit service.

3. City Council must then pass an Authorizing Resolution ordinance showing that the City has legal authority to request FTA funding.

4. City must self-certify on a series of FTA Certifications and Assurances related to transit safety, asset management plans, paratransit provisions, drug/alcohol testing, low/no-emissions vehicles, and other standard federal procurement provisions. 16173
Proprietary & Confidential.

1. City must also provide supporting documentation related to its Financial Management & Capacity, Technical Capacity, and Procurement Capacity:
a. Financial Capacity Questionnaire, plus current year operating and capital budgets, two most recent years of Single Audit Reports, and 3-5 Year Financial Plan b. Technical Capacity Questionnaire, including New Recipient Organizational Chart c. Self-Certification that City’s procurement system is compliant with federal policies/procedures outlined in 2 CFR Part 200

2. City must prepare and regularly update documents related to Civil Rights compliance:
a. Title VI Plan
b. DBE Plan and Triennial Goals

3. City must also take over operations of TTD’s ADA Paratransit service, though it may be commingled with citywide Lake Link microtransit service to reduce cost a. Service must be available within ¾ mile of fixed-route service and must offer equivalent quality service to ambulatory and non-ambulatory riders 17174
Proprietary & Confidential.

Discussion with High Valley Transit
Administrative Planning
● Project team interviewed Executive Director of High Valley Transit (HVT), a newly created transit agency in Summit County, Utah, to discuss lessons learned from their experience completing the FTA enrollment process.
● Prior to 2021, Summit County had no role in transit management or operations, service was provided by neighboring Park City Transit
● FTA Enrollment required Executive Director to act as full-time project champion to lead process with Utah DOT, ensuring all County stakeholders were aligned with financial and service plans, regulatory compliance ● Key precondition was County’s agreement to dedicate sufficient County sales tax funds to sustain transit service through FY ‘24, when FTA reimbursement arrives — three-year delay ● Having local staff available on the ground is essential to respond to stakeholder needs and customer service issues — this provides accountability that cannot be contracted from a vendor ● Most significant challenge continues to be driver recruitment and retention due to a severe workforce housing shortage. HVT offers drivers sign-on, retention, and performance-based bonuses, affordable housing, winter snow tires ($800/year every 3 years), and personal gas allowance ($300/month) 18175 Proprietary & Confidential.

FTA “Split Letter” Apportionment Process: Current
Administrative Planning
TRPA currently apportions FTA funding (about $3.85 million) between TTD and Placer County based on Earned Share Factors below.
19 Revenue-Miles Factor
(2020/2021)
Population Factor (2020) Ridership Factor
(2020/2021)
Final Share
TTD 477,627 41% 31,420 65% 257,443 56% 54%
Placer
County
682,746 59% 16,643 35% 199,752 44% 46%
176
Proprietary & Confidential.

Table of Contents
20 1. Study Goals and Objectives

2. Route 50 Planning

3. Microtransit Planning

4. Administrative Planning

5. Synthesis
177
Proprietary & Confidential.

Key Administrative Insights
Administrative Planning

1. City would need a full-time project champion to carry through FTA enrollment, TRPA/TTD negotiation, and the procurement, launch, and management of transit services.

2. Local staff essential needed to provide project accountability, with at least 3 FTEs required — agency director, planning manager, and operations manager (other roles can be filled by current City staff)

3. City’s new role as subrecipient would divert some FTA funding from transit service to administration & management

4. Ongoing driver shortage and affordable housing challenges require creative recruitment/retention incentives — e.g. subsidized housing, signing bonuses, above-average pay scales, gas allowance for personal vehicles 21178
1 Charter City Stakeholder Outreach Mee�ng
September 5, 2023
Summary of Comments and Ques�ons
General
• How long has the ad hoc charter city subcommitee been ac�ve? • Have you done any cost/benefit analysis of becoming a charter city? Could result in paying more for public works projects or bigger salaries for elected officials. • A cost-benefit analysis should also look at how becoming a charter city would impact marginalized popula�ons including BIPOC ci�zens and non-English-speaking residents. • The ongoing annexa�ons are a major job – can we do both that and becoming a charter city at the same �me?
• Strong mayors are usually elected by popular vote but may not have a clue how to run a city. • Can a charter city enact an ordinance either more or less restric�ve than state law or does it always have to be more restric�ve?
• Do charter ci�es have any addi�onal powers regarding eminent domain? • Fines of $1000/day are allowed for general law ci�es. How much more would you want to fine people? There is no need to raise penalty amounts.
• Would the city government change with becoming a charter city with more power? • Would becoming a charter city take more power away from the people to vote on things? • What is the cost incurred so far for looking into becoming a charter city? Property Transfer Tax
• How does the property transfer tax proposal jive with the desire to keep the cost of real estate down?
• Since lower-priced proper�es turn over more o�en, wouldn’t a property transfer tax affect first-�me homebuyer most?
• Is it equitable to charge one person more because they have a more expensive home? • Tinkering with the housing market will make it less affordable for housing in general and there are studies showing that property transfer taxes are bad for local markets. • Why tax housing at all?
• Property tax is already based on value.
• Why not instead tax vacant lots that can’t be developed like California Tahoe Conservancy lots? • Would a property transfer tax get passed onto the buyer? • If a tax makes transferring property more expensive, then people won’t sell their proper�es • Property transfer tax would hit very few who would bear the en�re cost. • What is the mo�va�on to become a charter city? If mo�va�on to become charter city is just property transfer tax, couldn’t you just put that on the ballot? • To get funding from a property transfer tax, do we need to be a charter city? • There is a lot of talk of new regional taxes, increasing state taxes, federal income tax increase, school district bond measure. What would the cumula�ve impact be on the economy of South Lake Tahoe? • There is a concern about unintended consequences because Nevada, Placer County, and El Dorado County don’t have this tax – would we create a windfall for the jurisdic�ons around us? • Could we use some of the cannabis tax (Measure G) funds to support affordable housing instead of adop�ng a new tax?
• People in this size town are not going to vote for a property transfer tax. 179
2 • The rumor going around with locals is that affordable housing is required, but the property transfer tax would fund more low income housing. People would be beter off knowing that the property transfer tax is helping “us” and not some other people. • Proposi�on 13 dictates that when a property owner dies, their heirs get the benefit of the lower property tax – would the same apply to property transfer tax? Housing needs
• Who are we building all this housing for? Locals in need or someone else? • Regional partners have taken the posi�on that the City should build all affordable housing in the Basin because there is no requirement to do so in Nevada. • Isn’t the housing problem one of supply? The California Tahoe Conservancy took a lot of lots in neighborhoods out of produc�on which limits supply.
• Do we know the total number of development rights held by the California Tahoe Conservancy? Could the City use eminent domain on these proper�es?
• If all agencies decided to cut costs, affordable housing could be built by private developers instead of projects like Sugar Pine Village at $680,000 per unit.
• Self-funded housing ini�a�ves should be discussed, like renova�ng houses in disrepair. 180
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:10
Agenda Item: Amendments to City Attorney and City Manager Employment Agreements Executive Summary: The proposed amendments to the Employment Agreements for the City Attorney and City Manager would increase their base salaries starting October 1, 2023, based on the results of the Citywide Classification and Compensation study and a 4.2% cost-of-living adjustment (COLA). The study shows that the City Attorney's total compensation is about 6.5% less than the median labor market rate, while the City Manager's total compensation is approximately 8.7% less than the median labor market rate. Both the City Attorney and City Manager received a positive evaluation from the City Council on September 12, 2023. The proposed changes will also update the City Attorney's employment term for a new six-year term ending on October 2, 2029, as her current term ends on October 2, 2023.

Lastly, this amendment will provide additional benefits that are currently given to unrepresented classifications. These changes are necessary to avoid salary compression between unrepresented classifications, City Manager, and City Attorney.

Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute the Amended and Restated City Attorney and City Manager Employment Agreements as follows: (1) City Attorney Employment Agreement includes a new six-year term ending on October 2, 2029, and a base salary increase from $193,881 to $215,156; and (2) City Manager Employment Agreement includes a base salary increase from $196,350 to $222,397.

Responsible Staff Member: Ember Buckman, Human Resources Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - City Attorney and City Manager Employment Agreements.docx 02-Resolution - Amendments to City Attorney and City Manager Employment Agreements.docx 03-City Attorney Employment Agreement Amended and Restated.docx 04-City Manager Employment Agreement Amended and Restated (Exh. B to Reso.).docx 05-City Attorney Agreement_Redline.pdf
06-City Manager Agreement_Redline.pdf
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Council Agenda Report September 26, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 26, 2023
Title: Amendments to City Attorney and City Manager Employment Agreement Location: Citywide
Responsible Staff Member: Ember Buckman, Human Resources Manager (530) 542-6050 Background: The City of South Lake Tahoe has prioritized the implementation of its Classification and Compensation study under its Economic Development strategic Priority 4.3, Action Item 4. The study's results have already been received by the City. According to the employment agreement between the City and Heather Stroud, City Attorney, and Joseph Irvin, City Manager, both are to receive a performance evaluation twice annually. On September 12, 2023, the City Council of South Lake Tahoe conducted a closed-door session to evaluate the performance of Ms. Stroud and Mr. Irvin. To provide additional input, two agency partners and two senior staff members were asked to contribute their perspectives. The purpose of this input was to help the Council better understand how Ms. Stroud and Mr. Irvin interact with agency partners and staff. The results of this input and the Council's evaluation were all extremely positive. City Attorney Heather Stroud also informed the Council that her employment agreement is set to expire on October 2, 2023, and she intends to request another multi-year employment agreement.

Issue and Discussion: According to the results of the Classification and Compensation study, the City Attorney classification is below the market median by about 6.5%, and the City Manager classification is below the market median by about 8.7%. As per Section 2.2 of the City Attorney and City Manager employment agreements, they are entitled to receive any cost of living increase that other unrepresented employees receive, which is proposed at 4.2 percent for this year. To implement the Classification and Compensation study, meet current employment agreement requirements, and acknowledge the continued outstanding performance of Ms. Stroud and Mr.

Irvin, the City Council is being asked to approve the following amendments to their Employment Agreements.

The changes to the Employment Agreements are outlined below:
(1) City Attorney Section 1.2 (Term)
Revise Employment Term from October 2, 2023 to October 2, 2029 (2) 2.1 (Compensation)
The base compensation for the City Attorney will be raised from $193,872 to $215,156, while the City Manager's base compensation will be increased from $196,344 to $222,397. 201
Council Agenda Report September 26, 2023 Page 2 of 2
This adjustment is based on the results of the Class and Compensation study and aims to bring the salaries in line with market standards. These changes will take effect on October 1, 2023.
(3) Section 3.1 (General Benefits)
Resolution No. 2020-94, Section 1(b) (457 Matching Contribution): City Attorney and City Manager are eligible to receive up to $3,500 per year in the non-PERSable 457 matching contribution benefit to their 457 investment accounts on a dollar-for-dollar basis. This amount will be adjusted if Resolution No. 2020-94 is modified by City Council to increase this benefit for unrepresented employees, which is proposed as part of a separate item on this City Council agenda.

All other terms and conditions of the City Attorney and City Manager employment agreements remain unchanged.

Financial Implications: The financial impact on the class and compensation and COLA Increase have been considered in the approval of the 2023/2024 budget. The additional benefits expense can be covered by utilizing the savings from health insurance costs for the 2024 plan year, which are already accounted for in the current budget.

Policy Implications: This action is consistent with 2023-2028 Strategic Plan Action Item 4.3.4, Implement the City’s Classification and Compensation study. 202
Resolution 2023-XXX September 26, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
September 26, 2023
Amendments to the City Attorney and City Manager Employment Agreements

BACKGROUND
A. The City of South Lake Tahoe has prioritized the implementation of its Classification and Compensation study under its Economic Development strategic Priority 4.3, Action Item 4.

The study's results have already been received by the City. On September 12, 2023, in closed session, City Attorney Heather Stroud and City Manager Joe Irvin received a positive performance evaluation.

B. To implement the Classification and Compensation study, comply with current employment agreement requirements, and in recognition of their performance, City Council is requested to approve amendments to the Employment Agreement with Ms. Stroud and Mr. Irvin.

C. The proposed changes to the Employment Agreements are as follows:
(1) City Attorney Section 1.2 (Term)
Revise Employment Term from ending October 2, 2023 to October 2, 2029 (2) 2.1 (Compensation)
The base compensation for the City Attorney will be raised from $193,872 to $215,156, while the City Manager's base compensation will be increased from $196,344 to $222,397.

This adjustment is based on the results of the Class and Compensation study and aims to bring the salaries in line with market standards and avoid compaction with Department Heads and other unclassified management employees. These changes will take effect on October 1, 2023.
(3) Section 3.1 (General Benefits)
Resolution No. 2020-94, Section 1(b) (457 Matching Contribution): City Attorney and City Manager are eligible to receive up to $3,500 per year in the non-PERSable 457 matching contribution benefit to her 457 investment account on a dollar-for-dollar basis. This amount will be adjusted if Resolution No. 2020-94 is modified by City Council to increase this benefit for unrepresented employees, which is on the agenda as a separate item.

All other terms and conditions of the City Attorney and City Manager employment agreements remain unchanged.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
203
Resolution 2023-XXX September 26, 2023 Page 2 of 2

1. Authorizes and directs the Mayor to execute the Amended and Restated City Attorney Employment Agreement attached hereto as Exhibit A.

2. Authorizes and directs the Mayor to execute the Amended and Restated City Manager Employment Agreement attached hereto as Exhibit B.

Adopted by the City of South Lake Tahoe City Council on September 26, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
___________________________ 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.
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1 AMENDED AND RESTATED

CITY ATTORNEY EMPLOYMENT AGREEMENT
This Amended and Restated Employment Agreement (“AGREEMENT”) is made and entered into this 26th day of September, 2023, by and between the City of South Lake Tahoe (“CITY”), a California municipal agency, and Heather Stroud (“STROUD”), an individual.

CITY and STROUD are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. CITY desires to employ the services of STROUD as its City Attorney to carry out the duties and responsibilities of City Attorney, as provided for by the City of South Lake Tahoe Municipal Code, in exchange for the consideration discussed in and subject to the terms, conditions, and benefits set forth in this AGREEMENT; and B. STROUD desires to accept employment as City Attorney in exchange for the consideration discussed in and subject to the terms, conditions, and benefits set forth in this AGREEMENT; and
C. STROUD represents that she is fully qualified and available to carry out the City Attorney services necessary to complete the work in a timely and competent manner and that she holds all necessary licenses and certifications necessary to perform the City Attorney services set forth herein; and
D. CITY has determined that it is beneficial to hire STROUD by virtue of her relevant qualifications and experience.

E. The original Employment Agreement became effective on September 18, 2018, and STROUD commenced the performance of her duties as City Attorney on October 2, 2018.

OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the Parties agree as follows:

1. Position and Duties.

1.1 Position. STROUD accepts employment with CITY as its City Attorney and shall perform all functions, duties and services set forth in Section 1.4 of this AGREEMENT and Chapter 2.20 of the City of South Lake Tahoe Municipal Code. STROUD shall provide legal services to and on behalf of the City, as directed by the City Council of the City of South Lake Tahoe (“City Council”) and as set forth under law, including, but not limited to, the City of South Lake Tahoe Municipal Code, as they presently exist or as they may be changed from time to time in the future.
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2 1.2 Term. This AGREEMENT shall end upon the earlier of: (i) October 2, 2029; or (ii) upon termination of the AGREEMENT by either STROUD or CITY as provided in Section 4 of this AGREEMENT. Unless earlier terminated as provided in Section 4, STROUD shall provide notification and reminder to the City Manager and City Council of the anticipated termination of the AGREEMENT on October 2, 2029, on or before April 2, 2029.

1.3 At-Will. STROUD acknowledges that she will be an at-will, exempt employee of CITY, and that she shall serve at the pleasure of the City Council. Nothing in this AGREEMENT is intended to, or does, confer upon STROUD any right to any property interest in continued employment, or any due process rights, including but not limited to a hearing before or after a decision by the City Council to terminate her employment, except as is expressly provided in Section 1.2 or Section 4 of this AGREEMENT. Nothing contained in this AGREEMENT shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of STROUD, as provided in Section 1.2 and Section 4. Nothing in this AGREEMENT shall prevent, limit or otherwise interfere with the right of STROUD to resign at any time from this position with CITY, subject only to the provisions set forth in Section 1.2 and Section 4.

1.4 Duties. STROUD shall serve as the City Attorney and shall be for the term of this AGREEMENT vested with the powers, duties and responsibilities of the City Attorney as set forth in relevant provisions of the City of South Lake Tahoe Municipal Code, as amended from time to time, and ordinances and resolutions of the City Council, and to perform other legally permissible and proper duties and functions as the City Council may from time to time assign. It is the intent of the City Council for the City Attorney to function as the chief legal officer of the CITY.

STROUD shall perform her obligations and responsibilities diligently within the time parameters specified by the City Council, applying a high degree of professionalism, ethics, integrity and good workmanship to every aspect of her obligations. Without additional compensation, STROUD shall provide such other services as are customary and appropriate to the position of City Attorney.

STROUD shall devote her best efforts and full-time attention to the performance of these duties.

1.5 Hours of Work. STROUD shall devote the time necessary to adequately perform her duties as the City Attorney. The parties anticipate that STROUD will work approximately forty (40) hours per week allocated between regular business hours and hours outside of regular business hours including, but not limited to attendance at regular and special City Council meetings, and attendance at such community events and CITY functions as the City Council may direct. Toward that end, STROUD shall be allowed reasonable flexibility in setting her own office hours, provided the schedule of such hours provides a significant presence at City Hall, reasonable availability to the City Council, City staff, and members of the community during regular CITY business hours and for the performance of her duties and of CITY business. The position of the City Attorney is an exempt position pursuant to the Fair Labor Standards Act and any other relevant provisions of federal or State law.

1.6 Other Activities. During the period of her employment, STROUD shall not accept any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity, whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict of interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of STROUD’s duties as the City Attorney. During the period of her employment, STROUD shall not accept any other employment 206
3 or serve as a consultant or independent contractor for any other public or private organization or entity without the prior written consent of the City Council.

1.7 Reimbursement. CITY shall reimburse STROUD for reasonable and necessary travel and other business expenses incurred by STROUD in the performance of her duties. All reimbursements shall be subject to and in accordance with California law and applicable CITY reimbursement policies.

2. Compensation.

2.1 In consideration for STROUD’s performance of the City Attorney duties and obligations as set forth in this AGREEMENT, CITY agrees effective October 1, 2023, to pay STROUD an annual base salary of $215,156 (“BASE SALARY”), payable in installments at the same time as other management employees of the City and in accordance with law and established City procedure. This increase reflects implementation of the CITY classification and compensation study, including market adjustment and to avoid compaction between the City Attorney classification and Director classifications, as well as a 4.2 percent cost of living increase consistent with the increase provided to unrepresented employees

2.2 Thereafter, beginning October 1, 2024, STROUD’s BASE SALARY shall be automatically adjusted annually for cost of living based on the lower of the San FranciscoOakland-Hayward Urban All Items annual index as of the month of April for that calendar year or any salary increase provided to unrepresented employees, consistent with Government Code section 3511.2. Additionally, STROUD’S BASE SALARY shall be reviewed annually by CITY for consideration of a discretionary, performance-based increase. Any discretionary, performancebased increase shall be effective only through approval of an amendment to this AGREEMENT.

3. Benefits.

3.1 General Benefits. Except as modified by this AGREEMENT, STROUD shall be entitled to the benefits authorized by the City Council for unrepresented employees/appointees as set forth in the following sections of Resolution 2020-94 (Exhibit 1), Resolution No. 2017-64 (Exhibit 2), and subject to any amendments to or repeal of these resolutions.  Resolution No. 2020-94, Section 1(b) (457 Matching Contribution):

City Attorney is eligible to receive up to $3,500 per year in the nonPERSable 457 matching contribution benefit to her 457 investment account on a dollar-for-dollar basis upon the execution of this AGREEMENT. This amount will be adjusted if Resolution No. 2020-94 is modified by City Council to increase this benefit for unrepresented employees.
 Resolution No. 2020-94, Section 1(e)-(f) (Medical Plan): City Attorney will be afforded the opportunity to participate in the CITY’s Medical Plan Blue Shield High Deductible Plan, and if STROUD participates in this plan, CITY will pay 100 percent of the premium, as well as annual City contributions to STROUD’s Health 207
4 Savings Account in the amount of $2,300 for STROUD only or $4,200 for STROUD and family. Alternatively, STROUD may elect to buy-up to Blue Shield PPO 500 at her own expense, or be eligible to opt-out of the City’s medical plan with evidence of medical coverage provided elsewhere and receive on a pay period basis an “opt out” non-PERSable payment of $3000 per year for STROUD only or $4000 per year for STROUD and family. CITY will make available dental and vision coverage for STROUD and family. The cost of the CITY’s medical, dental and vision plans may change from time to time and STROUD’s and CITY’s benefit contributions will be adjusted accordingly to continue to offer the same benefits, at the same cost, as those offered to unrepresented employees.  Resolution No. 2017-64, Section 9 (Health Reimbursement Account (“HRA”)): For calendar year 2018 (from January to December 2018), the City shall deposit into a tax-exempt HRA, prorated on a per pay period basis, for each unrepresented employee, up to $23,000, depending on the date of hire, and the funds are held in a trust managed by the CITY’s Third Party Administer.
 Resolution No. 2017-64, Section 10 (Paid Time-off): paid time off shall accrue at the executive management team rate.
 Resolution No. 2017-64, Section 11 (Other Benefits): Management Incentive/Education Pay; Tuition Reimbursement and Bi-Lingual Pay; Standard Holidays, Mileage and Business Reimbursements as provided to other administrative employees.

3.2 Vehicle Allowance. STROUD shall receive a vehicle allowance of $250.00 per month.

3.3 Deferred Compensation. Subjected to any requirements stated in applicable CITY’s deferred compensation documents and CITY’s resolutions, policies and procedures, CITY agrees to make a $10,000 annual contribution toward STROUD’s deferred compensation account established with the CITY.

4. Separation.

4.1 Resignation. STROUD may resign at any time and agrees to give City a minimum of sixty (60) days advance written notice of the effective date of the resignation unless the Parties otherwise agree in writing. City Council shall have the option, in its discretion, to make STROUD’s termination effective at any time prior to the end of such period, provided CITY pays STROUD all compensation as set forth in Section 2.1 then due through the last day actually worked.

4.2 Retirement. Notwithstanding the notice requirement set forth in Section 4.1, if STROUD retires from full time public service with CITY, STROUD shall provide CITY with a 208
5 minimum of four (4) months’ advance notice. STROUD’s retirement date will be mutually established.

4.3 Termination. For purpose of this AGREEMENT, termination shall occur when:
1 By Expiration of the Term. The term of the AGREEMENT as set forth in Section 1 ends – i.e., on October 2, 2029.
2 By CITY. This AGREEMENT may be terminated by CITY for any reason if the majority of the City Council votes to terminate the AGREEMENT at a properly noticed and duly authorized meeting. This subsection is subject to the limitations set forth in the City of South Lake Tahoe Municipal Code Section 2.20.030.

4.4 Separation Obligations. STROUD agrees that all property, including but not limited to all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by her incident to her employment belongs to CITY and shall be returned promptly to CITY upon employment separation. STROUD’s obligations under this subsection shall survive her employment separation and the termination of this AGREEMENT.

5. Severance.

5.1 If the AGREEMENT is terminated without cause, City agrees to provide a severance equal to six (6) times her then current monthly BASE SALARY.

5.2 The severance pay provisions of Section 5.1 are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260. Any severance shall be paid in a lump sum or in equal amounts distributed over the usual pay schedule, at STROUD’s option. An election to receive severance pay distributed over the usual pay schedule does not extend the period of employment beyond the CITY -established termination date.

5.3 If STROUD is unable to perform the requisite duties expected under this AGREEMENT because of sickness, accident, mental incapacity, or health with reasonable accommodation, for a period of one month following exhaustion of accumulated sick leave, then CITY shall have the option to terminate this AGREEMENT and, notwithstanding the provisions of Section 5.1 above, STROUD shall not be entitled to severance. If STROUD is terminated because of permanent disability, STROUD shall be compensated in a lump sum for any accrued vacation or other benefits to the extent such compensation is required by law.

5.4 Notwithstanding Section 5.1 above, CITY shall not be obligated to pay any compensation, benefits, or severance under the provisions of this AGREEMENT if STROUD is terminated for cause, including, without limitation, because of a criminal conviction, criminal plea bargain, or adverse State Attorney General, Grand Jury or Fair Political Practices Commission determination involving any felony, intentional tort, crime of moral turpitude, or violation of statute or law constituting forfeiture of office, misconduct in office, misuse of public funds, or conflict of interest. During the proceedings which may be necessary for CITY to confirm the cause for termination hereunder, CITY may place STROUD on paid administrative leave. 209
6 5.5 If the AGREEMENT is terminated as a result of the expiration and/or non-renewal of the term of this AGREEMENT, STROUD shall not be entitled to severance pay under Section

5.1 of this AGREEMENT but shall receive any termination benefits and payments required by law.

5.6 Pursuant to Government Code Section 53243.3, all of the following requirements apply:
1 If this AGREEMENT is terminated, any cash settlement related to the termination that STROUD may receive from CITY shall be fully reimbursed to CITY if STROUD is convicted of a crime involving an abuse of her office or position as defined by Government Code Section 53243.4. 2 If any express or implied provision of this AGREEMENT, the Municipal Code of CITY, or any policy or practice of CITY provide paid leave salary to STROUD pending an investigation, this paid leave salary shall be fully reimbursed by STROUD to CITY if STROUD is convicted of a crime involving an abuse of her office or position as defined by Government Code Section 53243.4.
3 If any express or implied provision of this AGREEMENT, the City of South Lake Tahoe Municipal Code, or any policy or practice of CITY provide for payment of funds for the legal criminal defense of STROUD, the funds paid for her legal defense shall be fully reimbursed by STROUD to CITY if STROUD is convicted of a crime involving an abuse of her office or position as defined by Government Code Section 53243.4.

6. Performance Evaluations.

The CITY Council shall review and evaluate the performance of STROUD at least twice annually no later than May and November of each year. On or near STROUD’s anniversary date, no later than the end of November each year following STROUD’s commencement of employment, STROUD’s performance evaluation shall include eligibility for any discretionary, performance-based increase to her then BASE SALARY. The City Council and STROUD shall annually develop mutually agreed upon performance goals and criteria which the City Council shall use in reviewing STROUD’s performance in the following year. STROUD could be eligible for a performance bonus based on the CITY Council’s determination that STROUD had significantly exceeded the mutually established and quantifiable objectives. Payment of this bonus in any year is at the sole discretion of the CITY Council and must be in the best interests of the CITY at the time it is made.

7. Proprietary Information.
“Proprietary Information” is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of her employment or otherwise produced or acquired by or on behalf of CITY. All Proprietary Information not generally known outside of CITY’s organization, and all Proprietary Information so known only through 210
7 improper means, shall be deemed “Confidential Information.” During her employment by CITY, STROUD shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform her job responsibilities under this AGREEMENT. Following termination, STROUD shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY.

STROUD’s obligations under this Section shall survive the termination of her employment and the expiration of this AGREEMENT.

8. Conflict Of Interest.

STROUD represents and warrants to CITY that she presently has no interest, and represents that she will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of her duties under this AGREEMENT.

9. General Provisions.

9.1 Recitals. The recitals, inclusive of all facts and representations, are incorporated into this AGREEMENT as if set forth in the Operative Provisions.

9.2 Vehicle Operation. STROUD shall operate any vehicle used in connection with the performance of her duties as City Attorney in a safe manner and otherwise in observance of all established City vehicle operation rules and policies, traffic safety laws and other applicable State laws and shall maintain a valid California automobile’s driver’s license during the period of employment.

9.3 Notices. All notices, requests, demands and other communications under this AGREEMENT shall be in writing and shall be effective upon delivery by hand or email three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and/or at the last known address maintained in STROUD’s personnel file. STROUD agrees to notify CITY in writing of any change in her address during her employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.

City’s Notice Address:

City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Attn: Mayor and City Council
City Attorney’s Address:

HEATHER STROUD
[Deliver to last updated address in personnel file]

9.4 Indemnification. Subject to, in accordance with, and to the extent provided by the Government Claims Act [Government Code Section 810 et seq.], CITY will indemnify, defend, and hold STROUD harmless from and against any action, demand, suit, monetary judgment or 211
8 other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during STROUD’s tenure as City Attorney while STROUD was performing her duties as City Attorney.

9.5 Integration. This AGREEMENT is intended to be the final, complete, and exclusive statement of the terms of STROUD’s employment by CITY. This AGREEMENT supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of STROUD, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to STROUD and are inconsistent with the terms of this AGREEMENT, the provisions of this AGREEMENT shall control.

9.6 Amendments. This AGREEMENT may not be amended except in a written document signed by STROUD, approved by the City Council and signed by CITY Mayor.

9.7 Waiver. Failure to exercise any right under this AGREEMENT shall not constitute a waiver of such right.

9.8 Assignment. STROUD shall not assign any rights or obligations under this AGREEMENT. CITY may, upon prior written notice to STROUD, assign its rights and obligations hereunder.

9.9 Severability. If a court or arbitrator holds any provision of this AGREEMENT to be invalid, unenforceable, or void, the remainder of this AGREEMENT shall remain in full force and effect.

9.10 Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in El Dorado County, California.

9.11 Interpretation. This AGREEMENT shall be construed as a whole, according to its fair meaning, and not in favor of or against any Party. By way of example and not in limitation, this AGREEMENT shall not be construed in favor of the party receiving a benefit nor against the Party responsible for any particular language in this AGREEMENT. This AGREEMENT may be altered, amended or modified only by an instrument in writing, executed by the Parties to this AGREEMENT and by no other means. Each Party waives their future right to claim, contest or assert that this AGREEMENT was modified, cancelled superseded or changed by any oral AGREEMENT, course of conduct, waiver or estoppel.

9.12 Acknowledgment. STROUD acknowledges that she has had the opportunity to consult legal counsel in regard to this AGREEMENT, that she has read and understands this AGREEMENT, that she is fully aware of its legal effect, and that she has entered into it freely and voluntarily and based on her own judgment and not on any representations or promises other than those contained in this AGREEMENT.
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9 IN WITNESS WHEREOF, CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and STROUD has signed and executed this AGREEMENT effective as of the date set forth above.

CITY ATTORNEY CITY OF South Lake Tahoe
____________________________ ___________________________ Heather L. Stroud Cristi Creegan, Mayor
APPROVED AS TO FORM:
___________________________
Daniel J. Bardzell
Assistant City Attorney
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1 AMENDED AND RESTATED

CITY MANAGER EMPLOYMENT AGREEMENT
This Amended and Restated Employment Agreement (“AGREEMENT”) is made and entered into this 26th day of September, 2023 by and between the City of South Lake Tahoe (the “CITY”), a California municipal agency, and Joseph D. Irvin (“IRVIN”), an individual. The CITY and IRVIN are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. The CITY desires to employ the services of IRVIN as its City Manager to carry out the duties and responsibilities of City Manager, as provided for by the South Lake Tahoe City Code, in exchange for the consideration discussed in and subject to the terms, conditions, and benefits set forth in this AGREEMENT; and
B. IRVIN desires to accept employment as City Manager in exchange for the consideration discussed in and subject to the terms, conditions, and benefits set forth in this AGREEMENT; and
C. IRVIN represents that he is fully qualified and available to carry out the City Manager services necessary to complete the work in a timely and competent manner; and D. The CITY has determined that it is beneficial to hire IRVIN by virtue of his relevant qualifications and experience.

E. The original Employment Agreement became effective on April 14, 2020, and IRVIN commenced the performance of his duties as City Manager on May 4, 2020.

OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the Parties agree as follows:

1. Position and Duties.

1.1 Position. IRVIN accepts employment with the CITY as its City Manager and shall perform all functions, duties and services set forth in Section 1.4 of this AGREEMENT and Chapter 2.10 of the South Lake Tahoe City Code. IRVIN shall provide executive management services to and on behalf of the CITY, as directed by the City Council of the City of South Lake Tahoe (“City Council”) and as set forth under law, including, but not limited to, the South Lake Tahoe City Code, as they presently exist or as they may be changed from time to time in the future.

1.2 Term. This AGREEMENT shall end upon the earlier of: (i) April 14, 2026; or (ii) upon termination of the AGREEMENT by either IRVIN or the CITY as provided in Section 4 of this AGREEMENT. Unless earlier terminated as provided in Section 4, IRVIN shall provide notification and reminder to the City Council of the anticipated termination of the AGREEMENT on April 14, 2026, on or before October 14, 2025.
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2 1.3 At-Will. IRVIN acknowledges that he will be an at-will, exempt employee of the CITY, and that he shall serve at the pleasure of the City Council. Nothing in this AGREEMENT is intended to, or does, confer upon IRVIN any right to any property interest in continued employment, or any due process rights, including but not limited to a hearing before or after a decision by the City Council to terminate his employment, except as is expressly provided in Section 1.2 or Section 4 of this AGREEMENT. Nothing contained in this AGREEMENT shall in any way prevent, limit or otherwise interfere with the right of the CITY to terminate the services of IRVIN, as provided in Section 1.2 and Section 4. Nothing in this AGREEMENT shall prevent, limit or otherwise interfere with the right of IRVIN to resign at any time from this position with the CITY, subject only to the provisions set forth in Section 1.2 and Section 4.

1.4 Duties. IRVIN shall serve as City Manager and shall be for the term of this AGREEMENT vested with the powers, duties and responsibilities of the City Manager as set forth in relevant provisions of the South Lake Tahoe City Code, as amended from time to time, and ordinances and resolutions of the City Council, and to perform other legally permissible and proper duties and functions as the City Council may from time to time assign. It is the intent of the City Council for the City Manager to function as the chief executive officer of the CITY. IRVIN shall be responsible for the efficient administration of all the affairs of the CITY which are under his control and perform his obligations and responsibilities diligently within the time parameters specified by the City Council, applying a high degree of professionalism, ethics, integrity and good workmanship to every aspect of his obligations. Without additional compensation, IRVIN shall provide such other services as are customary and appropriate to the position of City Manager.

IRVIN shall devote his best efforts and full-time attention to the performance of these duties.

1.5 Hours of Work. IRVIN shall perform all duties that may arise under this AGREEMENT to the best of his ability in accordance with the highest professional and ethical standards of the profession, including, but not limited to, devoting full-time attention to those duties as necessary to meet the goals and objectives of the City Council as established according to the terms of this AGREEMENT. The Parties anticipate that IRVIN will work during regular business hours of the CITY and hours outside of regular business hours, including, but not limited to attendance at regular and special City Council meetings, and attendance at such community events and CITY functions as the City Council may direct.

Toward that end, IRVIN shall be allowed reasonable flexibility in setting his own office hours, provided the schedule of such hours provides a significant presence at City Hall, reasonable availability to the City Council, City staff, and members of the community during regular CITY business hours and for the performance of his duties and of CITY business. Provided the City Council is at any time dissatisfied with the City Manager’s schedule, the City Council has the authority to establish a different work schedule which shall be binding on the City Manager.

The position of the City Manager is an exempt position pursuant to the Fair Labor Standards Act and any other relevant provisions of federal or State law.

1.6 Other Activities. During the period of his employment, IRVIN shall not accept any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity, whether or not to pecuniary advantage, that is or may be competitive with the CITY, that might cause a conflict of interest with the CITY, or that otherwise might interfere 215
3 with the business or operation of the CITY or the satisfactory performance of IRVIN’s duties as the City Manager. During the period of his employment, IRVIN shall not accept any other employment or serve as a consultant or independent contractor for any other public or private organization or entity without the prior written consent of the City Council.

1.7 Reimbursement. The CITY shall reimburse IRVIN for reasonable and necessary travel and other business expenses incurred by IRVIN in the performance of his duties. All reimbursements, other than those specifically identified in the AGREEMENT, shall be subject to and in accordance with California law and applicable CITY reimbursement policies.

2. Compensation.

2.1 In consideration for IRVIN’s performance of the City Manager duties and obligations as set forth in this AGREEMENT, the CITY agrees effective October 1, 2023, to pay IRVIN an annual base salary of $222,397 (“BASE SALARY”), payable in installments at the same time as other management employees of the CITY and in accordance with law and established CITY procedure. This increase reflects implementation of the CITY classification and compensation study, including market adjustment and to avoid compaction between the City Manager classification and Director classifications, as well as a 4.2 percent cost of living increase consistent with the increase provided to unrepresented employees.

2.2 Thereafter, beginning October 1, 2024, IRVIN’s BASE SALARY shall be automatically adjusted annually for cost of living based on the lower of the San FranciscoOakland-Hayward Urban All Items annual index as of the month of April for that calendar year or any salary increase provided to unrepresented employees, consistent with Government Code section 3511.2. Additionally, IRVIN’s BASE SALARY shall be reviewed annually by City Council for consideration of a discretionary, performance-based increase, at the sole discretion of the City Council. Any discretionary, performance-based increase shall be effective only through approval of an amendment to this AGREEMENT.

2.3 Deferred Compensation. Subjected to any requirements stated in applicable CITY’s deferred compensation documents and CITY’s resolutions, policies and procedures, CITY agrees to make a $19,000 annual contribution toward IRVIN’s deferred compensation (401(a)) account established with the CITY.

3. Benefits.

3.1 General Benefits. Except as modified by this AGREEMENT, IRVIN shall be entitled to the benefits authorized by the City Council for unrepresented employees/appointees as set forth in the following sections of Resolution No. 2020-94 (Exhibit 1), Resolution No. 2017-64 (Exhibit 2) and subject to any amendments to or repeal of these resolutions.  Resolution No. 2020-94, Section 1(b) (457 Matching Contribution):

City Manager is eligible to receive up to $3,500 per year in the nonPERSable 457 matching contribution benefit to his 457 investment account on a dollar-for-dollar basis upon the execution of this AGREEMENT. This amount will be adjusted if Resolution No. 216
4 2020-94 is modified by City Council to increase this benefit for unrepresented employees.
 Resolution No. 2020-94, Section 1(e)-(f) (Medical Plan): City Manager will be afforded the opportunity to participate in the CITY’s Medical Plan Blue Shield High Deductible Plan, and if IRVIN participates in this plan, CITY will pay 100 percent of the premium, as well as annual City contributions to IRVIN’s Health Savings Account in the amount of $2,300 for IRVIN only or $4,200 for IRVIN and family. Alternatively, IRVIN may elect to buy-up to Blue Shield PPO 500 at his own expense, or be eligible to opt-out of the City’s medical plan with evidence of medical coverage provided elsewhere and receive on a pay period basis an “opt out” non-PERSable payment of $3000 per year for IRVIN only or $4000 per year for IRVIN and family. CITY will make available dental and vision coverage for IRVIN and family. The cost of the CITY’s medical, dental and vision plans may change from time to time and IRVIN’s and CITY’s benefit contributions will be adjusted accordingly to continue to offer the same benefits, at the same cost, as those offered to unrepresented employees.
 Resolution No. 2017-64, Section 10 (Paid Time-off): paid time off shall accrue at the executive management team rate.
 Resolution No. 2017-64, Section 11 (Other Benefits): Management Incentive/Education Pay; Tuition Reimbursement and Bi-Lingual Pay; Standard Holidays, Mileage and Business Reimbursements as provided to other administrative employees.

3.2 Administrative Leave. In accordance with the CITY policy on administrative leave for employees exempt from overtime pay, dated June 27, 1991, and as may be amended or repealed, IRVIN shall accrue 100 hours of administrative leave per year.

3.3 Vehicle Allowance. For travel within El Dorado County, IRVIN shall receive a vehicle allowance of $250 per month to maintain and operate his personal vehicle. For travel outside El Dorado County, IRVIN shall be reimbursed at the per-mile rate established by the City Council for all the other CITY administrative employees. At the sole discretion of the City Council, the monthly vehicle allowance for travel within El Dorado County shall be reviewed by City Council periodically, if necessary, for consideration of increase.

3.4 Dues and Subscriptions. The CITY agrees to pay for reasonably necessary professional dues and subscriptions for IRVIN’s continuation and full participation in national, regional, state and local associations and organizations that enhance his professional development and benefit the CITY, as City Manager. These organizations shall include, but not limited to, the International City/County Management Association (ICMA) and any California City Manager Associations.
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5 3.5 Professional Development Opportunities. The CITY agrees to pay for reasonably necessary travel and subsistence expenses for IRVIN’s professional and official travel, meetings, and occasions, such as International City/County Management Association (ICMA) Conferences, any California City Manager Associations’ Conferences and League of California Cities Conferences, to continue his professional development as City Manager and to adequately pursue reasonably necessary official functions for the CITY.

3.6 Bonding. The CITY shall bear the full cost of bonding of any fidelity or other bonds required of the City Manager under any applicable law, regulations and/or ordinance.

3.7 Retirement Benefits. The CITY shall enroll IRVIN in CalPERS after IRVIN starts his employment with the CITY, subjected to the terms and conditions required by CalPERS and applicable CITY policies.

3.8 Relocation Expense Reimbursement. The CITY shall reimburse IRVIN for any actual expenses associated with his family’s relocation, including transportation expenses, from Healdsburg to South Lake Tahoe, not to exceed $2,500.00 in total.

3.9 Mentor Services. The CITY and IRVIN may mutually agree that the CITY will arrange for mentor services for IRVIN’s benefit, which services shall be provided by a mutually agreeable member of the ICMA.

3.10 No Reduction in Benefits. The CITY agrees, at any time during the term of the AGREEMENT, not to reduce the BASE SALARY, compensation and any other benefit included under this AGREEMENT, except to the degree that such a reduction occurs across the board for all the unrepresented employees/appointees on the executive management team of the CITY.

4. Separation.

4.1 Resignation. IRVIN may resign at any time and agrees to give the CITY a minimum of sixty (60) days advance written notice of the effective date of the resignation unless the Parties otherwise agree in writing. The City Council shall have the option, in its discretion, to make IRVIN’s termination effective at any time prior to the end of such period, provided the CITY pays IRVIN all compensation as set forth in Section 2.1 then due through the last day actually worked.

4.2 Retirement. Notwithstanding the notice requirement set forth in Section 4.1, if IRVIN retires from full time public service with the CITY, IRVIN shall provide the CITY with a minimum of four (4) months’ advance notice. IRVIN’s retirement date will be mutually established.

4.3 Termination. For purpose of this AGREEMENT, termination shall occur when:
1 By Expiration of the Term. The term of the AGREEMENT as set forth in Section 1 ends – i.e., on April 14, 2026.
2 By City. This AGREEMENT may be terminated by the CITY for any reason if the majority of the City Council votes to terminate the AGREEMENT at a properly noticed and duly authorized meeting. This 218
6 subsection is subject to the limitations set forth in the City of South Lake Tahoe Municipal Code Section 2.10.030.

4.4 Separation Obligations. IRVIN agrees that all property, including but not limited to all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to the CITY and shall be returned promptly to the CITY upon employment separation. IRVIN’s obligations under this subsection shall survive his employment separation and the termination of this AGREEMENT.

5. Severance.

5.1 If the AGREEMENT is terminated by the CITY without cause, the CITY agrees to provide a severance equal to the lesser of the number of months remaining on the AGREEMENT, or six (6) times his then current monthly BASE SALARY.

5.2 The severance pay provisions of Section 5.1 are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260. Any severance shall be paid in a lump sum or in equal amounts distributed over the usual pay schedule, as mutually agreed by the CITY and IRVIN. An election to receive severance pay distributed over the usual pay schedule does not extend the period of employment beyond the CITY-established termination date.

5.3 If IRVIN is unable to perform the requisite duties expected under this AGREEMENT because of sickness, accident, mental incapacity, or health with reasonable accommodation, for a period of one month following exhaustion of accumulated sick leave, then the CITY shall have the option to terminate this AGREEMENT and, notwithstanding the provisions of Section 5.1 above, IRVIN shall not be entitled to severance. If IRVIN is terminated because of permanent disability, IRVIN shall be compensated in a lump sum for any accrued vacation or other benefits to the extent such compensation is required by law.

5.4 Notwithstanding Section 5.1 above, the CITY shall not be obligated to pay any compensation, benefits, or severance under the provisions of this AGREEMENT if IRVIN is terminated for cause, including, without limitation, because of a criminal conviction, criminal plea bargain, or adverse State Attorney General, Grand Jury or Fair Political Practices Commission determination involving any felony, intentional tort, crime of moral turpitude, or violation of statute or law constituting forfeiture of office, misconduct in office, misuse of public funds, or conflict of interest. During the proceedings which may be necessary for the CITY to confirm the cause for termination hereunder, the CITY may place IRVIN on paid administrative leave.

5.5 Pursuant to Government Code Section 53243.3, all of the following requirements apply:
1 If this AGREEMENT is terminated, any cash settlement related to the termination that IRVIN may receive from the CITY shall be fully reimbursed to the CITY if IRVIN is convicted of a crime involving an abuse of his office or position as defined by Government Code Section 53243.4. 219
7 2 If any express or implied provision of this AGREEMENT, the South Lake Tahoe City Code, or any policy or practice of the CITY provide paid leave salary to IRVIN pending an investigation, this paid leave salary shall be fully reimbursed by IRVIN to the CITY if IRVIN is convicted of a crime involving an abuse of his office or position as defined by Government Code Section 53243.4.
3 If any express or implied provision of this AGREEMENT, the South Lake Tahoe City Code, or any policy or practice of the CITY provide for payment of funds for the legal criminal defense of IRVIN, the funds paid for his legal defense shall be fully reimbursed by IRVIN to the CITY if IRVIN is convicted of a crime involving an abuse of his office or position as defined by Government Code Section 53243.4.

6. Performance Evaluations.

The City Council shall review and evaluate the performance of IRVIN after the first 30 days of IRVIN’s employment and then quarterly for the first year, and then twice annually thereafter. No later than the end of November of each year following IRVIN’s commencement of employment, IRVIN’s performance evaluation shall include eligibility for any discretionary, performance-based increase to his then BASE SALARY. The City Council and IRVIN shall annually develop mutually agreed upon performance goals and criteria which the City Council shall use in reviewing IRVIN’s performance in the following year. IRVIN could be eligible for a performance bonus based on the City Council’s determination that IRVIN had significantly exceeded the mutually established and quantifiable objectives. Payment of this bonus in any year is at the sole discretion of the City Council and must be in the best interests of the CITY at the time it is made.

7. Proprietary Information.
“Proprietary Information” is all information and any idea pertaining in any manner to the business of the CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of the CITY in the course of his employment or otherwise produced or acquired by or on behalf of the CITY. All Proprietary Information not generally known outside of the CITY’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” During his employment by the CITY, IRVIN shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this AGREEMENT. Following termination, IRVIN shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of the CITY. IRVIN’s obligations under this Section shall survive the termination of his employment and the expiration of this AGREEMENT. 220
8 8. Conflict Of Interest.

IRVIN represents and warrants to the CITY that he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of his duties under this AGREEMENT.

9. General Provisions.

9.1 Recitals. The recitals, inclusive of all facts and representations, are incorporated into this AGREEMENT as if set forth in the Operative Provisions.

9.2 Vehicle Operation. IRVIN shall operate any vehicle used in connection with the performance of his duties as City Manager in a safe manner and otherwise in observance of all established CITY vehicle operation rules and policies, traffic safety laws and other applicable State laws and shall maintain a valid California automobile’s driver’s license during the period of employment.

9.3 Notices. All notices, requests, demands and other communications under this AGREEMENT shall be in writing and shall be effective upon delivery by hand or email three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to the CITY at the address below, and/or at the last known address maintained in IRVIN’s personnel file. IRVIN agrees to notify the CITY in writing of any change in his address during his employment with the CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.

City’s Notice Address:

City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Attn: Mayor and City Council
City Manager’s Address:

Joseph D. Irvin
[Deliver to last updated address in personnel file]

9.4 Indemnification. Subject to, in accordance with, and to the extent provided by the Government Claims Act [Government Code Section 810 et seq.], the CITY will indemnify, defend, and hold IRVIN harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during IRVIN’s tenure as City Manager while IRVIN was performing his duties as City Manager.

9.5 Integration. This AGREEMENT is intended to be the final, complete, and exclusive statement of the terms of IRVIN’s employment by the CITY. This AGREEMENT supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of IRVIN, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent 221
9 that the practices, policies, or procedures of the CITY, now or in the future, apply to IRVIN and are inconsistent with the terms of this AGREEMENT, the provisions of this AGREEMENT shall control.

9.6 Amendments. This AGREEMENT may not be amended except in a written document signed by IRVIN, approved by the City Council and signed by the Mayor.

9.7 Waiver. Failure to exercise any right under this AGREEMENT shall not constitute a waiver of such right.

9.8 Assignment. IRVIN shall not assign any rights or obligations under this AGREEMENT. The CITY may, upon prior written notice to IRVIN, assign its rights and obligations hereunder.

9.9 Severability. If a court or arbitrator holds any provision of this AGREEMENT to be invalid, unenforceable, or void, the remainder of this AGREEMENT shall remain in full force and effect.

9.10 Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in El Dorado County, California.

9.11 Interpretation. This AGREEMENT shall be construed as a whole, according to its fair meaning, and not in favor of or against any Party. By way of example and not in limitation, this AGREEMENT shall not be construed in favor of the Party receiving a benefit, nor against the Party responsible for any particular language in this AGREEMENT. This AGREEMENT may be altered, amended or modified only by an instrument in writing, executed by the Parties to this AGREEMENT and by no other means. Each Party waives their future right to claim, contest or assert that this AGREEMENT was modified, cancelled superseded or changed by any oral AGREEMENT, course of conduct, waiver or estoppel.

9.12 Acknowledgment. IRVIN acknowledges that he has had the opportunity to consult legal counsel in regard to this AGREEMENT, that he has read and understands this AGREEMENT, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this AGREEMENT.

IN WITNESS WHISEOF, the CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and IRVIN has signed and executed this AGREEMENT effective as of the date set forth above.

CITY MANAGER CITY OF SOUTH LAKE TAHOE
____________________________ ___________________________ Joseph D. Irvin Cristi Creegan, Mayor
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10 APPROVED AS TO FORM:
___________________________
Heather Stroud, City Attorney
ATTEST:
_________________________________
Susan Blankenship, City Clerk
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1 AMENDED AND RESTATED

CITY ATTORNEY EMPLOYMENT AGREEMENT
This Amended and Restated Employment Agreement (“AGREEMENT”) is made and entered into this 3rd 26th day of MaySeptember, 20222023, by and between the City of South Lake Tahoe (“CITY”), a California municipal agency, and Heather Stroud (“STROUD”), an individual.

CITY and STROUD are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

E. The original Employment Agreement became effective on September 18, 2018, and STROUD commenced the performance of her duties as City Attorney on October 2, 2018.

OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the Parties agree as follows:

1. Position and Duties.

1.1 Position. STROUD accepts employment with CITY as its City Attorney and shall perform all functions, duties and services set forth in Section 1.4 of this AGREEMENT and Chapter 2.20 of the City of South Lake Tahoe Municipal Code. STROUD shall provide legal services to and on behalf of the City, as directed by the City Council of the City of South Lake Tahoe (“City Council”) and as set forth under law, including, but not limited to, the City of South Lake Tahoe Municipal Code, as they presently exist or as they may be changed from time to time in the future.
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2 1.2 Term. This AGREEMENT shall end upon the earlier of: (i) October 2, 20232029; or (ii) upon termination of the AGREEMENT by either STROUD or CITY as provided in Section 4 of this AGREEMENT. Unless earlier terminated as provided in Section 4, STROUD shall provide notification and reminder to the City Manager and City Council of the anticipated termination of the AGREEMENT on October 2, 20232029, on or before April 2, 20232029.

STROUD shall devote her best efforts and full-time attention to the performance of these duties.

1.6 Other Activities. During the period of her employment, STROUD shall not accept any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity, whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict of interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of STROUD’s duties as the City Attorney. During the period of her employment, STROUD shall not accept any other employment 225
3 or serve as a consultant or independent contractor for any other public or private organization or entity without the prior written consent of the City Council.

2. Compensation.

2.1 In consideration for STROUD’s performance of the City Attorney duties and obligations as set forth in this AGREEMENT, CITY agrees effective October 1, 2023, to pay STROUD an annual base salary of $176,256.00 $215,156 (“BASE SALARY”), payable in installments at the same time as other management employees of the City and in accordance with law and established City procedure. This increase reflects implementation of the CITY classification and compensation study, including market adjustment and to avoid compaction between the City Attorney classification and Director classifications, as well as a 4.2 percent cost of living increase consistent with the increase provided to unrepresented employees. As of October 1, 2022, STROUD’s BASE SALARY will increase to $193,881.00.

2.2 Thereafter, beginning October 1, 20232024, STROUD’s BASE SALARY shall be automatically adjusted annually for cost of living based on the lower of the San FranciscoOakland-Hayward Urban All Items annual index as of the month of April for that calendar year or any salary increase provided to unrepresented employees, consistent with Government Code section 3511.2. Additionally, STROUD’S BASE SALARY shall be reviewed annually by CITY for consideration of a discretionary, performance-based increase. Any discretionary, performancebased increase shall be effective only through approval of an amendment to this AGREEMENT.

3. Benefits.

City Attorney is eligible to receive up to $3,500 per year in the nonPERSable 457 matching contribution benefit to her 457 investment account on a dollar-for-dollar basis upon the execution of this AGREEMENT. This amount will be adjusted if Resolution No. 2020-94 is modified by City Council to increase this benefit for unrepresented employees.
 Resolution No. 2020-94, Section 1(e)-(f) (Medical Plan): City Attorney will be afforded the opportunity to participate in the CITY’s Medical Plan Blue Shield High Deductible Plan, and if STROUD participates in this plan, CITY will pay 100 percent of the 226
4 premium, as well as annual City contributions to STROUD’s Health Savings Account in the amount of $2,300 for STROUD only or $4,200 for STROUD and family. Alternatively, STROUD may elect to buy-up to Blue Shield PPO 500 at her own expense, or be eligible to opt-out of the City’s medical plan with evidence of medical coverage provided elsewhere and receive on a pay period basis an “opt out” non-PERSable payment of $3000 per year for STROUD only or $4000 per year for STROUD and family. CITY will make available dental and vision coverage for STROUD and family. The cost of the CITY’s medical, dental and vision plans may change from time to time and STROUD’s and CITY’s benefit contributions will be adjusted accordingly to continue to offer the same benefits, at the same cost, as those offered to unrepresented employees.  Resolution No. 2017-64, Section 9 (Health Reimbursement Account (“HRA”)): For calendar year 2018 (from January to December 2018), the City shall deposit into a tax-exempt HRA, prorated on a per pay period basis, for each unrepresented employee, up to $23,000, depending on the date of hire, and the funds are held in a trust managed by the CITY’s Third Party Administer.
 Resolution No. 2017-64, Section 10 (Paid Time-off): paid time off shall accrue at the executive management team rate.
 Resolution No. 2017-64, Section 11 (Other Benefits): Management Incentive/Education Pay; Tuition Reimbursement and Bi-Lingual Pay; Standard Holidays, Mileage and Business Reimbursements as provided to other administrative employees.

3.2 Vehicle Allowance. STROUD shall receive a vehicle allowance of $250.00 per month.

4. Separation.

4.2 Retirement. Notwithstanding the notice requirement set forth in Section 4.1, if STROUD retires from full time public service with CITY, STROUD shall provide CITY with a 227
5 minimum of four (4) months’ advance notice. STROUD’s retirement date will be mutually established.

4.3 Termination. For purpose of this AGREEMENT, termination shall occur when:
1 By Expiration of the Term. The term of the AGREEMENT as set forth in Section 1 ends – i.e., on October 2, 20232029.
2 By CITY. This AGREEMENT may be terminated by CITY for any reason if the majority of the City Council votes to terminate the AGREEMENT at a properly noticed and duly authorized meeting. This subsection is subject to the limitations set forth in the City of South Lake Tahoe Municipal Code Section 2.20.030.

5. Severance.

5.1 If the AGREEMENT is terminated without cause, City agrees to provide a severance equal to six (6) times her then current monthly BASE SALARY.

5.4 Notwithstanding Section 5.1 above, CITY shall not be obligated to pay any compensation, benefits, or severance under the provisions of this AGREEMENT if STROUD is terminated for cause, including, without limitation, because of a criminal conviction, criminal plea bargain, or adverse State Attorney General, Grand Jury or Fair Political Practices Commission determination involving any felony, intentional tort, crime of moral turpitude, or violation of statute or law constituting forfeiture of office, misconduct in office, misuse of public funds, or conflict of interest. During the proceedings which may be necessary for CITY to confirm the cause for termination hereunder, CITY may place STROUD on paid administrative leave. 228
6 5.5 If the AGREEMENT is terminated as a result of the expiration and/or non-renewal of the term of this AGREEMENT, STROUD shall not be entitled to severance pay under Section

5.1 of this AGREEMENT but shall receive any termination benefits and payments required by law.

6. Performance Evaluations.

7. Proprietary Information.
“Proprietary Information” is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of her employment or otherwise produced or acquired by or on behalf of CITY. All Proprietary Information not generally known outside of CITY’s organization, and all Proprietary Information so known only through 229
7 improper means, shall be deemed “Confidential Information.” During her employment by CITY, STROUD shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform her job responsibilities under this AGREEMENT. Following termination, STROUD shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY.

STROUD’s obligations under this Section shall survive the termination of her employment and the expiration of this AGREEMENT.

8. Conflict Of Interest.

9. General Provisions.

9.1 Recitals. The recitals, inclusive of all facts and representations, are incorporated into this AGREEMENT as if set forth in the Operative Provisions.

City’s Notice Address:

City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Attn: Mayor and City Council
City Attorney’s Address:

HEATHER STROUD
[Deliver to last updated address in personnel file]

9.4 Indemnification. Subject to, in accordance with, and to the extent provided by the Government Claims Act [Government Code Section 810 et seq.], CITY will indemnify, defend, and hold STROUD harmless from and against any action, demand, suit, monetary judgment or 230
8 other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during STROUD’s tenure as City Attorney while STROUD was performing her duties as City Attorney.

9.6 Amendments. This AGREEMENT may not be amended except in a written document signed by STROUD, approved by the City Council and signed by CITY Mayor.

9.7 Waiver. Failure to exercise any right under this AGREEMENT shall not constitute a waiver of such right.

9.8 Assignment. STROUD shall not assign any rights or obligations under this AGREEMENT. CITY may, upon prior written notice to STROUD, assign its rights and obligations hereunder.

9.9 Severability. If a court or arbitrator holds any provision of this AGREEMENT to be invalid, unenforceable, or void, the remainder of this AGREEMENT shall remain in full force and effect.

9.10 Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in El Dorado County, California.

9.12 Acknowledgment. STROUD acknowledges that she has had the opportunity to consult legal counsel in regard to this AGREEMENT, that she has read and understands this AGREEMENT, that she is fully aware of its legal effect, and that she has entered into it freely and voluntarily and based on her own judgment and not on any representations or promises other than those contained in this AGREEMENT.
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9 IN WITNESS WHEREOF, CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and STROUD has signed and executed this AGREEMENT effective as of the date set forth above.

CITY ATTORNEY CITY OF South Lake Tahoe
____________________________ ___________________________ Heather L. Stroud Devin MiddlebrookCristi Creegan,
Mayor
APPROVED AS TO FORM:
___________________________
Daniel J. Bardzell
Assistant City Attorney
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1 AMENDED AND RESTATED

CITY MANAGER EMPLOYMENT AGREEMENT
This Amended and Restated Employment Agreement (“AGREEMENT”) is made and entered into this 3rd 26th day of MaySeptember, 2022 2023 by and between the City of South Lake Tahoe (the “CITY”), a California municipal agency, and Joseph D. Irvin (“IRVIN”), an individual. The CITY and IRVIN are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

E. The original Employment Agreement became effective on April 14, 2020, and IRVIN commenced the performance of his duties as City Manager on May 4, 2020.

OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the Parties agree as follows:

1. Position and Duties.

1.2 Term. This AGREEMENT shall end upon the earlier of: (i) April 14, 2026; or (ii) upon termination of the AGREEMENT by either IRVIN or the CITY as provided in Section 4 of this AGREEMENT. Unless earlier terminated as provided in Section 4, IRVIN shall provide notification and reminder to the City Council of the anticipated termination of the AGREEMENT on April 14, 2026, on or before October 14, 2025.
233
2 1.3 At-Will. IRVIN acknowledges that he will be an at-will, exempt employee of the CITY, and that he shall serve at the pleasure of the City Council. Nothing in this AGREEMENT is intended to, or does, confer upon IRVIN any right to any property interest in continued employment, or any due process rights, including but not limited to a hearing before or after a decision by the City Council to terminate his employment, except as is expressly provided in Section 1.2 or Section 4 of this AGREEMENT. Nothing contained in this AGREEMENT shall in any way prevent, limit or otherwise interfere with the right of the CITY to terminate the services of IRVIN, as provided in Section 1.2 and Section 4. Nothing in this AGREEMENT shall prevent, limit or otherwise interfere with the right of IRVIN to resign at any time from this position with the CITY, subject only to the provisions set forth in Section 1.2 and Section 4.

IRVIN shall devote his best efforts and full-time attention to the performance of these duties.

The position of the City Manager is an exempt position pursuant to the Fair Labor Standards Act and any other relevant provisions of federal or State law.

1.6 Other Activities. During the period of his employment, IRVIN shall not accept any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity, whether or not to pecuniary advantage, that is or may be competitive with the CITY, that might cause a conflict of interest with the CITY, or that otherwise might interfere 234
3 with the business or operation of the CITY or the satisfactory performance of IRVIN’s duties as the City Manager. During the period of his employment, IRVIN shall not accept any other employment or serve as a consultant or independent contractor for any other public or private organization or entity without the prior written consent of the City Council.

2. Compensation.

2.1 In consideration for IRVIN’s performance of the City Manager duties and obligations as set forth in this AGREEMENT, the CITY agrees effective October 1, 2023, to pay IRVIN an annual base salary of $222,397178,500 (“BASE SALARY”), payable in installments at the same time as other management employees of the CITY and in accordance with law and established CITY procedure. This increase reflects implementation of the CITY classification and compensation study, including market adjustment and to avoid compaction between the City Manager classification and Director classifications, as well as a 4.2 percent cost of living increase consistent with the increase provided to unrepresented employees. As of October 1, 2022, IRVIN’s BASE SALARY will increase to $196,350.

2.2 Thereafter, beginning October 1, 20232024, IRVIN’s BASE SALARY shall be automatically adjusted annually for cost of living based on the lower of the San FranciscoOakland-Hayward Urban All Items annual index as of the month of April for that calendar year or any salary increase provided to unrepresented employees, consistent with Government Code section 3511.2. Additionally, IRVIN’s BASE SALARY shall be reviewed annually by City Council for consideration of a discretionary, performance-based increase, at the sole discretion of the City Council. Any discretionary, performance-based increase shall be effective only through approval of an amendment to this AGREEMENT.

3. Benefits.

3.1 General Benefits. Except as modified by this AGREEMENT, IRVIN shall be entitled to the benefits authorized by the City Council for unrepresented employees/appointees as set forth in the following sections of Resolution No. 2020-94 (Exhibit 1), Resolution No. 2017-64 (Exhibit 2) and subject to any amendments to or repeal of these resolutions. • Resolution No. 2020-94, Section 1(b) (457 Matching Contribution):

City Manager is eligible to receive up to $3,500 per year in the nonPERSable 457 matching contribution benefit to his 457 investment account on a dollar-for-dollar basis upon the execution of this 235
4 AGREEMENT. This amount will be adjusted if Resolution No. 2020-94 is modified by City Council to increase this benefit for unrepresented employees.
• Resolution No. 2020-94, Section 1(e)-(f) (Medical Plan): City Manager will be afforded the opportunity to participate in the CITY’s Medical Plan Blue Shield High Deductible Plan, and if IRVIN participates in this plan, CITY will pay 100 percent of the premium, as well as annual City contributions to IRVIN’s Health Savings Account in the amount of $2,300 for IRVIN only or $4,200 for IRVIN and family. Alternatively, IRVIN may elect to buy-up to Blue Shield PPO 500 at his own expense, or be eligible to opt-out of the City’s medical plan with evidence of medical coverage provided elsewhere and receive on a pay period basis an “opt out” non-PERSable payment of $3000 per year for IRVIN only or $4000 per year for IRVIN and family. CITY will make available dental and vision coverage for IRVIN and family. The cost of the CITY’s medical, dental and vision plans may change from time to time and IRVIN’s and CITY’s benefit contributions will be adjusted accordingly to continue to offer the same benefits, at the same cost, as those offered to unrepresented employees.
• Resolution No. 2017-64, Section 10 (Paid Time-off): paid time off shall accrue at the executive management team rate.
• Resolution No. 2017-64, Section 11 (Other Benefits): Management Incentive/Education Pay; Tuition Reimbursement and Bi-Lingual Pay; Standard Holidays, Mileage and Business Reimbursements as provided to other administrative employees.

3.4 Dues and Subscriptions. The CITY agrees to pay for reasonably necessary professional dues and subscriptions for IRVIN’s continuation and full participation in national, regional, state and local associations and organizations that enhance his professional development and benefit the CITY, as City Manager. These organizations shall include, but not limited to, the International City/County Management Association (ICMA) and any California City Manager Associations.
236
5 3.5 Professional Development Opportunities. The CITY agrees to pay for reasonably necessary travel and subsistence expenses for IRVIN’s professional and official travel, meetings, and occasions, such as International City/County Management Association (ICMA) Conferences, any California City Manager Associations’ Conferences and League of California Cities Conferences, to continue his professional development as City Manager and to adequately pursue reasonably necessary official functions for the CITY.

3.6 Bonding. The CITY shall bear the full cost of bonding of any fidelity or other bonds required of the City Manager under any applicable law, regulations and/or ordinance.

4. Separation.

4.3 Termination. For purpose of this AGREEMENT, termination shall occur when:
1 By Expiration of the Term. The term of the AGREEMENT as set forth in Section 1 ends – i.e., on April 14, 2026.
2 By City. This AGREEMENT may be terminated by the CITY for any reason if the majority of the City Council votes to terminate the AGREEMENT at a properly noticed and duly authorized meeting. This 237
6 subsection is subject to the limitations set forth in the City of South Lake Tahoe Municipal Code Section 2.10.030.

5. Severance.

5.2 The severance pay provisions of Section 5.1 are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260. Any severance shall be paid in a lump sum or in equal amounts distributed over the usual pay schedule, as mutually agreed by the CITY and IRVIN. An election to receive severance pay distributed over the usual pay schedule does not extend the period of employment beyond the CITY-established termination date.

5.5 Pursuant to Government Code Section 53243.3, all of the following requirements apply:
1 If this AGREEMENT is terminated, any cash settlement related to the termination that IRVIN may receive from the CITY shall be fully reimbursed to the CITY if IRVIN is convicted of a crime involving an abuse of his office or position as defined by Government Code Section 53243.4. 238
7 2 If any express or implied provision of this AGREEMENT, the South Lake Tahoe City Code, or any policy or practice of the CITY provide paid leave salary to IRVIN pending an investigation, this paid leave salary shall be fully reimbursed by IRVIN to the CITY if IRVIN is convicted of a crime involving an abuse of his office or position as defined by Government Code Section 53243.4.
3 If any express or implied provision of this AGREEMENT, the South Lake Tahoe City Code, or any policy or practice of the CITY provide for payment of funds for the legal criminal defense of IRVIN, the funds paid for his legal defense shall be fully reimbursed by IRVIN to the CITY if IRVIN is convicted of a crime involving an abuse of his office or position as defined by Government Code Section 53243.4.

6. Performance Evaluations.

9. General Provisions.

9.1 Recitals. The recitals, inclusive of all facts and representations, are incorporated into this AGREEMENT as if set forth in the Operative Provisions.

9.3 Notices. All notices, requests, demands and other communications under this AGREEMENT shall be in writing and shall be effective upon delivery by hand or email three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to the CITY at the address below, and/or at the last known address maintained in IRVIN’s personnel file. IRVIN agrees to notify the CITY in writing of any change in his address during his employment with the CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.

City’s Notice Address:

City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Attn: Mayor and City Council
City Manager’s Address:

Joseph D. Irvin
[Deliver to last updated address in personnel file]

9.5 Integration. This AGREEMENT is intended to be the final, complete, and exclusive statement of the terms of IRVIN’s employment by the CITY. This AGREEMENT supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of IRVIN, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent 240
9 that the practices, policies, or procedures of the CITY, now or in the future, apply to IRVIN and are inconsistent with the terms of this AGREEMENT, the provisions of this AGREEMENT shall control.

9.6 Amendments. This AGREEMENT may not be amended except in a written document signed by IRVIN, approved by the City Council and signed by the Mayor.

9.7 Waiver. Failure to exercise any right under this AGREEMENT shall not constitute a waiver of such right.

9.8 Assignment. IRVIN shall not assign any rights or obligations under this AGREEMENT. The CITY may, upon prior written notice to IRVIN, assign its rights and obligations hereunder.

9.9 Severability. If a court or arbitrator holds any provision of this AGREEMENT to be invalid, unenforceable, or void, the remainder of this AGREEMENT shall remain in full force and effect.

9.10 Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in El Dorado County, California.

9.11 Interpretation. This AGREEMENT shall be construed as a whole, according to its fair meaning, and not in favor of or against any Party. By way of example and not in limitation, this AGREEMENT shall not be construed in favor of the Party receiving a benefit, nor against the Party responsible for any particular language in this AGREEMENT. This AGREEMENT may be altered, amended or modified only by an instrument in writing, executed by the Parties to this AGREEMENT and by no other means. Each Party waives their future right to claim, contest or assert that this AGREEMENT was modified, cancelled superseded or changed by any oral AGREEMENT, course of conduct, waiver or estoppel.

IN WITNESS WHISEOF, the CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and IRVIN has signed and executed this AGREEMENT effective as of the date set forth above.

CITY MANAGER CITY OF SOUTH LAKE TAHOE
____________________________ ___________________________ Joseph D. Irvin Devin MiddlebrookCristi Creegan,
Mayor
241
10 APPROVED AS TO FORM:
___________________________
Heather Stroud, City Attorney
ATTEST:
_________________________________
Susan Blankenship, City Clerk
242
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:11
Agenda Item: Employee Housing Bill of Rights
Executive Summary: Several larger employers provide housing for their workforce, often through a â€œmaster leaseâ€ system in which the employer leases a number of single-family units, multi-family units or hotel units for the sole use of housing employees. Strategic Plan Action Item 1.3.9 directs staff to â€œInvestigate the development of a regulatory framework for developing an 'Employee Housing Bill of Rights Program,' which includes best practices where housing is tied to the employer and which supports seasonal workers.â€
Requested Action / Suggested Motions: Pass a Motion to provide direction to the City Manager on whether to create an Employee Housing Bill of Rights Ordinance and if so, the requirements of the Ordinance.

Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner and Zach Thomas, Housing Manager
Reviewed and Approved By: Hilary Roverud, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Potential Employee Housing Bill of Rights Program.docx 243
Council Agenda Report September 26, 2023 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: September 26, 2023
Title: Potential Employee Housing Bill of Rights Program Location: City-wide
Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner and Zach Thomas, Housing Manager
Background: South Lake Tahoe’s recreation and tourism-based industries rely heavily on a service oriented and seasonal workforce. Casino workers, ski instructors, hotel employees, and restaurant workers play an essential role in the Tahoe Basin’s tourism-based economy. Many of these employees earn low wages and may require rental housing, both year-long and seasonal.

A limited number of employers offer housing for their employees. The overall number of units provided are few compared to the total number of employees. Several larger employers provide housing for their workforce, often through a “master lease” system in which the employer leases a number of single-family units, multi-family units or hotel units for the sole use of housing employees. Workers unable to obtain housing through their employer must seek alternative shelter during their time in South Lake Tahoe.

Seasonal employees are less competitive for housing units in the local market since they are unable to commit to longer leases. There are limited housing options for those workers who are doing seasonal and year-long work with variable incomes due to the seasonality of their work. As a result, many seasonal employees end up living in substandard housing conditions.

City Council’s 2023 Strategic Planning Retreat was held on January 31, 2023. At this retreat, City Council provided direction and gained consensus for the Strategic Priorities, Action Items and the Strategic Priorities Workplan. Strategic Plan Action Item

1.3.9 directs staff to “Investigate the development of a regulatory framework for developing an “Employee Housing Bill of Rights Program,” which includes best practices where housing is tied to the employer, and which supports seasonal workers.” Issue and Discussion: The existing Multifamily Dwelling (MFD) and Single Room Occupancy (SRO) programs require regular inspections by the Housing Inspector to ensure there are no substandard conditions. Tenants may also call the Housing Hotline to provide a formal complaint for substandard conditions. Compliance with the existing ordinances is the responsibility of the property owner. As such, employers leasing under 244
Council Agenda Report September 26, 2023 Page 2 of 3
a “master lease” scenario currently bare no direct responsibility in maintaining compliance with the regulations.

The “master lease” arrangement creates a glass wall in which the resident has no direct contact with the property owner and often lacks the ability to seek immediate remedy in the event of a substandard living condition. There may also be fear of reporting a substandard condition to the employer out of fear of retribution with regards to their employment.

In an effort to guide discussion on the potential Employee Housing Bill of Rights Program, staff recommends considering the following items to serve as a framework for council consideration:
 Rental property registration requirement if there is a master lease or ownership of employee housing. This could include single family homes and/or multifamily housing.
 In the case of a master lease and substandard conditions of the property, both the property owner and the employer are held accountable for violations.  Inspection fee and fines associated with non-compliance.  Required posting of tenant “Know your Rights” and the Housing Hotline at the property.
 Develop property maintenance and housing condition standards similar to the MFD and SRO programs.
 Developing standards for the number of individuals allowed per bedroom and bathroom.
 Requirements for regular inspections of employee housing properties.

Staff recommends that City Council receive the presentation and provide direction to the City Manager regarding the possible creation of a potential Employee Housing Bill of Rights Program.

Financial Implications: If directed to establish an Employee Housing Bill of Rights Program, it is anticipated that additional financial resources, including staff time, would be required. However, without knowing the exact scope of the program, financial implications are unknown at this time.

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

Policy Implications: This analysis and discussion is consistent with City Strategic Plan Action Item 1.3.9: Investigate the development of a regulatory framework for developing an “Employee Housing Bill of Rights Program,” which includes best practices where housing is tied to the employer and which supports seasonal workers. 245
Council Agenda Report September 26, 2023 Page 3 of 3
The following adopted policies and programs are applicable to this discussion:

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 2-5. 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.
246
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:12
Agenda Item: Registration Authorization - October 2023 Tahoe Science Conference Executive Summary: Councilmember Robbins has requested registration to attend the October 11-13, 2023, Tahoe Science Conference. Per City Council Protocols, this item is being brough forward for approval.

Requested Action / Suggested Motions: Pass a Motion authorizing the City Clerk to register Councilmember(s) to attend the October 11-13, 2023, Tahoe Science Conference at a cost of $85 per person.

Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Travel Authorization.docx
247
Council Agenda Report September 26, 2023 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: September 26, 2023
Title: Registration Authorization – 2023 Tahoe Science Conference (October 11-13, 2023) Location: Lake Tahoe Community College
Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Background: The City Clerk received a request from Councilmember Robbins (via the City Attorney 9/18/2023) for authorization to register for the October 11-13, 2023 Tahoe Science Conference. Since time is of the essence, the City Clerk is bringing this item forward for approval.

Per City Council Protocols, the City Clerk is seeking authorization for registration and attendance.

City Council Protocols – City Council Travel
b. General Travel on Behalf of the City: Councilmembers traveling on behalf of the City expecting reimbursement of expenses must first obtain approval of the travel by the City Council and coordinate their travel through the City Clerk’s Office who will generally charge all expenses to the City (rather than reimburse Councilmembers). As noted in the policy any unused reservation will be paid for by the Councilmember. The City Clerk will make reservations based on the City’s Travel Policy. Councilmembers who wish to upgrade rooms or flights will be responsible for providing a personal credit card for the additional charges. Personal travel added to business trips will not be reimbursed.
and
e. Conferences/Professional Events: Councilmembers who wish to attend a conference or professional event related to their work as a public official shall request approval of their travel in advance by the City Council at a regular Council meeting. The City Clerk shall place the request on the next available Council agenda.

Financial Implications: Estimated Costs: Registration for the full event is $85.

City Council Budget for Seminar Registration has a remaining balance of $175 (total adopted budget amount $4,000).

Environmental Considerations: The proposed action is not a project requiring review under the California Environmental Quality Act (CEQA) under CEQA Guidelines 15378(b)(5) (organizational or administrative activities that will not result in direct or indirect physical changes in the environment).

Policy Implications: The discussion of Councilmember attendance conforms to City Council Protocols.
248
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 26,
2023
Agenda Item #:13
Agenda Item: Agenda Planning Calendar
Executive Summary: The Agenda Planning Calendar is a projection of items coming before City Counci, for consideration.

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
Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
09 26 2023 Agenda Planning Calendar.pdf
249
2023 Agenda Planning Calendar (Updated 09 20 2023)
Agenda Item Agenda Section
Oct 17, 5:30 p.m. City Attny Local Hire Ordinance (first reading) NB City Manager Climate Action Plan Update
Comprehensive Energy Services Contract NB
Dev Services Inclusionary Housing In-Lieu Fee Ordinance (first reading) NB PLHA Formula Grant Amendment NB
Mid-Town Area Plan Technical Consultant PSA UB
3900/3908 Lake Tahoe Blvd DDA UB
Finance Fiscal Year 2022-2023 Budgeted Funds Re-Appropriation GANN Limit
HR Adoption of MOUs for Local 39s Consent
Police Opioid Settlement Barton Agreement
Public Works Broadband PPP Contract UB
Vision Zero Contract Award Consent
CalTrans Electrical and Maintenance Agreement Consent
Labor Compliance Award (Rec Center) Consent
Department
250
2023 Agenda Planning Calendar (Updated 09 20 2023)
Award of contract for Speciality Inspecting and Testing Services for Rec Consent Award of contract for Rec Center Construction Management Consent Janitorial Contract Award for Bellamy and Airport Consent Heavenly Agreement Update UB
Nov 7, 9 a.m. City Attny Local Hire Ordinance (second reading) Consent City Manager TRPA Regional Grant Program (EV Charging/Pioneer Project) GHG Inventory
Dev Services Inventory of vacant/underutilized sites NB Inclusionary Housing In-Lieu Fee Ordinance (second reading) Consent Lease to Locals Contract Extension
Public Works GIS Program Presentation Presentation
Hwy 50/89 Concrete/Pavement Option NB
Nov 21, 5:30 p.m. City Attny ADA Transition Plan update NB Dev Services MFD/SRO Program Evaluation
Dec 12, 5:30 p.m. City Manager Area Plan Updates NB
Dev Services REACH Code Adoption NB
251
2023 Agenda Planning Calendar (Updated 09 20 2023)
City Attorney Cannabis On-Site Consumption
Shared Mobility Device Ordinance
City Clerk Records Management Policy (Updated)
City Manager Minimum Wage Discussion
Jeff Minor Radon Presentation
Grant Acceptance from Tahoe Water Suppliers Association Electric Vehicle Charging Contract
Municipalization of Electric Utility - Feasability Analysis Dev Services Plan Area Statement Update for Tourist Accommodation Uses Area Plan for All Residential Zones to Accomodate SB9
City/CTC land exchange agreement
Local Housing Preference Study
VHR TAU Requirement Discussion
Finance
Fire
Unscheduled/Pending
252
2023 Agenda Planning Calendar (Updated 09 20 2023)
Parks & Rec Parks Foundation MOU
Assessment on LOS prior to 2018
Lifeguard Mid-Year Budget 23-24 Analysis
Tahoe Swim Team Use Agreement
Bijou Golf Course "Rock the Lake" Event and Review
253

South Lake Tahoe City CouncilSeptember 26, 2023

South Lake Tahoe City Council
September 26, 2023