Agenda packet — South Lake Tahoe City Council, November 7, 2023 (part 3 of 3)

SECTION II

RESPONSIBILITIES OF THE CITY

1. Personnel. The Services shall be performed by the City or under its supervision.

The City represents that it possesses the professional and technical personnel required to perform the Services. TRPA retains the City on an independent contractor basis and the City is not an employee of TRPA. The personnel performing the Services on behalf of the City shall at all times be under the City's exclusive direction and control. The City shall pay all expenses including, without limitation, salaries, fringe benefit contributions, payroll taxes, withholding taxes and other taxes or levies, and all other amounts due such personnel or due others as a result of the performance by such personnel of the Services in connection with their performance of the Services and other amounts due such personnel in connection with their performance of Services. The City shall also be responsible for all reports and documentation required for its employees.

2. Cooperation/Project Administrator. The City shall work closely and cooperate fully with TRPA's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the Services. The Project Administrator will administer this Agreement. The Project Administrator, or his/her designee, shall be the principal officer of the TRPA, for liaison with the Consultant, and shall review and give approval to the details of the Services as they are performed. The TRPA designates Karen Fink, Housing and Community Revitalization Program Manager, as its Project Administrator, but reserves the right to appoint another person as Project Administrator upon written notice to the Consultant.

3. Project Manager. The City shall designate and assign a project manager ("Project Manager"), who shall coordinate all phases of the Services. The Project Manager shall be available to the TRPA at all reasonable times. The City designates John Hitchcock, Planning Manager, to be its Project Managers.

4. Time of Performance. The Products to be provided and Services to be performed by the City under and pursuant to this Agreement shall be conducted in accordance with the timetables contained in ‘Exhibit B’.

5. Report Materials. At the completion of the Services and upon delivery of Products, the City shall deliver to the TRPA all documents, catalogs, quotes, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the City, or prepared by others for the use and/or benefit of the City, or otherwise provided to the City by the TRPA or by others under this Agreement (the "Report Materials").

6. TRPA Policy. The City shall discuss and review all matters relating to the provision of Products and Services with the Project Administrator in advance of all critical decision points in order to ensure that the Services are provided and Products are delivered in a manner consistent with the goals and policies of the TRPA.

7. Conformance to Applicable Requirements. All aspects of the provision of Products and Services by the City shall at all times conform to applicable city, county, state, and federal requirements and be subject to approval of the Project Administrator and TRPA.
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8. Mutual Indemnification. The City shall indemnify, defend and hold harmless TRPA, its officers, employees, and agents against, and will hold and save them and each of them, harmless from any and all actions, claims, penalties, obligations, liabilities, or damages that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the negligence or willful misconduct under this Agreement by the City, or its agents, employees, or subcontractors.

TRPA shall indemnify, defend and hold harmless the City, its officers, employees, and agents against, and will hold and save them and each of them, harmless from any and all actions, claims, penalties, obligations, liabilities, or damages that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the negligence or willful misconduct under this Agreement by TRPA, or its agents, employees, or subcontractors.

9. Standard of Care; Licenses. The City represents and warrants that it and all personnel engaged in providing Products and performing Services are and shall be fully qualified and are authorized or permitted under state and local law to perform such Services. The City shall provide Products and perform the Services in a skillful and competent manner. The City represents and warrants that it and all personnel engaged in providing Products and performing the Services have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The City further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.

10. Insurance. The City is self-insured for general liability claims including public errors and omissions, bodily injury/property damage, personal injury, and auto liability up to $250,000 and will provide to TRPA evidence of coverage over that amount at TRPA’s request.

11. Prohibition Against Assignment.

The City shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly, or indirectly by operation of law, without the prior written consent of the TRPA. Any attempt to do so without the prior written consent of the TRPA shall be null and void, and any assignee, sublesee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.

12. Progress. The City is responsible to keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Products and the Services, activities performed and planned, and any meetings that have been scheduled or are desired relative to the provision of Products and Services or relative to this Agreement.

13. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the subject matter of this Agreement or any phase of the provision of Products and Services shall be made without prior written consent of the TRPA.
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14. Scheduling. The City shall generally have no obligation to work any particular schedule, provided the City will coordinate with the TRPA in achieving the results sought under the terms of this Agreement.

15. No Set Hours/Right to Contract. The City's obligation hereunder is to complete the Services and to meet any deadlines set forth therein for the provision of Products.

Except as provided herein, the City has no obligation to work any particular hours or days or any particular number of hours or days. In this regard, the City retains the right to contract for similar Services with any other entity, public or private.

16. Results. The TRPA agrees that it will have no right to control or direct the details, manner, or means by which the City accomplishes the results of the Services performed hereunder.

SECTION III

RESPONSIBILITIES OF TRPA

1. Compensation. In consideration of the provision of Products and performance by the City of the Services, the TRPA shall pay to the City the amount/amounts as quoted and set forth in Exhibit "B" (the "Compensation").

2. Extra Work. The City shall not receive additional Compensation for any extra work or Products provided unless such extra work or provision of Products has been authorized by the TRPA as an amendment to this Agreement prior to the commencement of the extra work. The TRPA shall pay the City for extra work and/or products in accordance with the schedule set forth on Exhibit "B".

3. Invoicing. The City shall submit invoices to the TRPA on a monthly or on such other basis as set forth in Exhibit “B.” Each invoice will be itemized, identify the project name or number, indicate the balance left on the contract net of the current invoice expenses, include the dates of work performed, and when applicable the percentage of completion for each task.

4. Payment to Consultant. TRPA shall make payments to the City within thirty (30) days following the date of receipt of the invoice unless TRPA disputes the amount of the Compensation the City claims it is owed under this Agreement. Payments shall be made on the basis of estimated task costs set forth in Exhibit “B.”

5. Withholding.

A. Disputed Sums. The TRPA may withhold payment of any portion of the Compensation if payment is disputed until resolution of the dispute with the City.

Such withholding by the TRPA shall not be deemed to constitute a failure to pay by the TRPA. The City shall not discontinue the provision of Products or performance of Services for a period of thirty (30) days from the date Compensation is withheld hereunder. The City shall have an immediate right to appeal to the TRPA with respect to withheld amounts. The determination of the TRPA with respect to such matters shall be final. The City shall be entitled to receive interest on any portions of the Compensation withheld which are thereafter deemed to be properly payable to the City at the rate of five percent (5%) per annum, simple interest.
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B. Retention. The TRPA shall have the right to retain an amount equal to ten percent (10%) of the Compensation ("Retention"). The Retention shall be released to the City upon final approval and acceptance of the Products and Services by TRPA. The TRPA shall have the right, without further liability to the City, to utilize the Retention to satisfy obligations of the TRPA relative to the Services in the event the Consultant does not complete the Services satisfactory to the TRPA.

SECTION IV

TERMINATION

1. Term of Agreement. This agreement shall be effective and commence as of the date first written above and shall terminate on June 30, 2025, unless terminated earlier as set forth herein.

2. Termination. TRPA may terminate this agreement upon thirty (30) days prior written notice to the City. If the Agreement is so terminated, the City shall be compensated for all completed services rendered up to and including the day of termination.

3. Termination Upon Event of Default. TRPA may immediately terminate this Agreement upon an Event of Default, defined below. Upon a termination of this Agreement, the TRPA shall pay to the City the part of the Compensation which would otherwise be payable to the City with respect to the Services which had been completed as of the date of termination, less the amount of all previous payments with respect to the Compensation.

4. Events of Default. Each of the following events shall constitute an "Event of Default":

A. The City fails to observe, perform, or comply with any material term, covenant, agreement, or condition of this Agreement which is to be observed, performed, or complied with by the consultant, of such failure to continue uncured for fourteen (14) calendar days after the TRPA gives the City notice of any failure and specified the nature of such failure.

B. The City commits any fraud, misrepresentation, breach of fiduciary duty, willful misconduct, or intentional breach of any provision of this Agreement.

5. Budget Contingency Clause
Funding for this contract is contingent on current and future authorizations from the TRPA Governing Board and/or outside funding sources. If that authorization is removed or not renewed, this Agreement shall be of no further force and effect. In this event, the TRPA shall have no liability to pay any funds whatsoever to the City or to furnish any other considerations under this Agreement and the City shall not be obligated to perform any provisions of this Agreement. TRPA shall have the option to either cancel this Agreement with no liability occurring to the TRPA, pursuant to Section IV. 2 and 3 above or offer an Agreement amendment to the City to reflect the reduced amount.
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SECTION V

GENERAL PROVISIONS

1. Nondiscrimination by the City. The City represents and agrees that the City, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, handicap, national origin, ancestry, creed, physical disability (including HIV and AIDS), medical condition, age, marital status, denial of family and medical care leave, and denial of pregnancy disability leave. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship.

2. TRPA's Rights to Employ Other Consultants. The TRPA reserves the right to employ other consultants in connection with this project.

3. Conflicts of Interest.

A. The City or its employees may be subject to the provisions of Article III (a)(5) of the Tahoe Regional Planning Compact (P.L. 96-551, 94 Stat. 3233, Cal. Gov’t Code Section 66801, N.R.S. 277.200), which requires disclosure of any defined economic interest and prohibits such persons from attempting to influence Agency decisions affecting certain economic interests.

B. The City or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose financial interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests.

C. If subject to the Compact or the Act, the City shall conform to all requirements of the Compact or the Act, as required. Failure to do so constitutes a material breach and is grounds for termination by this Agreement by the TRPA.

4. Assignments and Subcontractors. The Consultant may subcontract any portion or all of the Services or provision of Products. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

5. Notices. All notices required hereunder shall be given in writing to the following addresses or such other addresses as the parties may designate by written notice:

To the TRPA: Tahoe Regional Planning Agency
Attn: Karen Fink
128 Market Street
PO Box 5310
Stateline, NV 89449-5310
775-589-5258
[email protected]
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To the City: City of South Lake Tahoe
Attn: John Hitchcock
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
530-542-7472
[email protected]
Notice shall be deemed received as follows, depending upon the method of transmittal by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail, certified, upon receipt requested, as of 72 hours after deposit in the U.S. Mail.

6. Authority to Enter Agreement. The City warrants that it has all requisite power and authority to conduct its business and to execute and deliver, and to perform all of its obligations under this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to enter into this Agreement so as to bind each respective Party to perform the conditions contemplated herein.

7. Severability/Illegality. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. The illegality of any provision of this Agreement shall not affect the remainder of this Agreement.

8. Time is of the Essence. Time is of the essence in this Agreement, and all parties agree to execute all documents and to proceed with due diligence to complete all covenants and conditions set forth herein.

9. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any lawsuit brought to enforce this Agreement shall be brought in the appropriate court in California.

10. Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any of the provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed a waiver and no waiver shall be binding unless executed in writing by the party making the waiver.

No waiver, benefit, privilege, or service voluntarily given or performed by other parties shall give the other party any contractual right by custom, estoppel, or otherwise.

11. Days. Any term in this Agreement referencing time, days, or period of performance shall be deemed to be calendar days and not workdays.

12. Entire Agreement. This Agreement contains the entire agreement of the TRPA and the City and supersedes any prior or written statements or agreements between the TRPA and the City. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties.

13. Binding on Assigns. Each and all of the covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the successors and assigns of the respective parties.
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14. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. This Agreement may be executed and transmitted by facsimile or other means of electronic communication, which signature shall be binding upon the parties as if they were original signatures.

15. Captions. The captions of the various articles and paragraphs of this Agreement are for the convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement or of any part or parts of this Agreement.

16. Construction. In all cases, the language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or against any party, it being agreed that the parties or their agents have all participated in the preparation of this Agreement.

17. Cooperation/Further Acts. The parties shall fully cooperate with one another in attaining the purposes of this Agreement and, in connection therewith, shall take any such additional further acts and steps and sign any such additional documents as may be necessary, appropriate, and convenient as related thereto.

18. Survival. The obligations of the Parties under this Agreement including, without limitation, the obligations set forth in Section II, Paragraph 8 (Mutual Indemnification), and Section II, Paragraph 10 (Insurance), as they relate to the Services, shall survive the termination of expiration of this Agreement.

19. Incorporation of Recitals and Exhibits.

A. The "Recitals" constitute a material part hereof, and are hereby incorporated by reference herein as though fully set forth.

B. The "Exhibits" constitute a material part hereof, and are hereby incorporated by reference herein as though fully set forth.

20. References: All references to the City shall include all personnel, employees, agents, and subcontractors of the City.

21. No Funds to Unqualified Aliens. Under law, no funds received under this Agreement shall be paid to any alien who is "not a qualified alien" within the meaning of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("Act"). The City shall be responsible to ensure that no funds the City receives from TRPA are paid to any employee or subcontractor in violation of this Act.

22. Certification Regarding Lobbying. The City certifies that no funds received under this Agreement have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any State or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of a Member of the Legislature or Congress, or an employee of a Member of the Legislature or Congress.

24. Certification Regarding Debarment and Suspension. The City certifies to the best of its knowledge and belief that it and its principals:
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A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
B. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (24)(b) of this Agreement; and D. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State or Local) terminated for cause of default.

IN WITNESS WHEREOF, the parties hereto have accepted and made and executed this Agreement upon the terms, conditions, and provisions set forth above as of the Effective Date.

TAHOE REGIONAL PLANNING AGENCY
BY: _______________________________ Date: _________________ JULIE W. REGAN

EXECUTIVE DIRECTOR

CITY OF SOUTH LAKE TAHOE
BY: __________________________ Date: _________________

CRISTI CREEGAN
MAYOR

APPROVED AS TO FORM
BY: __________________________ Date: _________________
HEATHER L. STROUD

CITY ATTORNEY, CITY OF SOUTH LAKE TAHOE
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EXHIBIT A

SERVICES AND PRODUCTS
• CEQA analysis of Area Plan and General Plan Amendments to accelerate infill development, housing choice, supply, and availability, affirmatively further fair housing and reduce vehicle miles travelled consistent with the TRPA’s MPO Allocation of the REAP grant (authorized as Task Order #1, not to exceed $30,000)
• Other analysis, code, policy, or program development to accelerate infill development, housing choice, supply, and availability, affirmatively further fair housing and reduce vehicle miles travelled consistent with the TRPA’s MPO Allocation of the REAP grant (must be authorized through a separate task order)
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EXHIBIT B

COMPENSATION
INVOICES: Invoices shall be submitted on a monthly basis. The City invoice should include an hourly breakdown of staff time, indicating the number of hours attributed to each project and task. The maximum amount of this contract ending June 30, 2025, shall not exceed $30,000.

Invoiced expenses must comply with funder guidelines, available here:

Regional Early Action Planning (REAP) Grants of 2021 | California Department of Housing and Community Development.

See also attached Exhibit C – Funding Agreement for further details. Additional restrictions may apply.
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EXHIBIT C

FUNDING AGREEMENT
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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EXHIBIT C

FUNDING AGREEMENT (CONTINUED)
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:20
Agenda Item: Agreement with Tahoe Regional Planning Agency for Regional Grant Program Funding Executive Summary: The City applied to the TRPA Regional Grant Program and two projects were selected. TRPA now requires Program Agreements to be executed prior to moving forward with CalTrans E-76 obligation of funds in the federal fiscal year the funding is awarded. The two projects are:

Pioneer Trail Pedestrian Improvement Project Phase II and Microtransit EV Charging Base Station.

Requested Action / Suggested Motions: Pass a Motion authorizing the City Manager to execute two 2023 Tahoe Regional Planning Agency (TRPA) Regional Grant Program Agreements for the Pioneer Trail Pedestrian Improvement Project Phase II ($1.2 Million) and Microtransit EV Charging Base Station ($275,335).

Responsible Staff Member: Sara Letton, Sustainability Coordinator and Stan Hill, Engineering Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01 - Staff Report 2023 TRPA Funding Agreement for two projects.docx 02- TRPA Grant Agreement -Microtransit EV Charging Base Station.docx 03-TRPA Grant Agreement - Pioneer Trail Phase 2.docx
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Council Agenda Report- November 7, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Regional Grant Program Agreements with TRPA
Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator (530) 542-6175 Stan Hill, Engineering Manager, (530) 542-6039
Background: On November 15, 2022 Council authorized the Director of Public Works to submit a grant application for 10 Capital Improvement Projects to the Tahoe Metropolitan Planning Organization 2023 Regional Grant Program. The TMPO identified two of those projects for recommendation of awards.

Issue and Discussion:

The Pioneer Trail Pedestrian Project Phase II will continue pedestrian sidewalks, lighting, transit stops, and class II bike lanes from the limits of the completed Phase 1 project (Larch Avenue) to the western limits of Ski Run Boulevard (+.45 Center line Miles). The funds will be awarded through the Active Transportation Program, an allocation from the California Transportation Commission. Funds will be activated via CalTrans, award year of FFY 2024.

The Microtransit Electric Vehicle Charging Base Station will provide level 2 charging for four vehicles under a solar canopy and supported by a battery in the Public Works lot at 1700 D Street.

Overnight parking will be reserved for electrified LakeLink vehicles, and daytime charging will be available for fleet vehicles. The funds will be awarded from the Carbon Reduction Program and will be activated via CalTrans, award year of FFY 2024.

Both projects are entered into, and will be updated at, the Lake Tahoe Tracker Tool:
https://transportation.laketahoeinfo.org/
New for the 2023 Regional Grant Program cycle is the initiation of Program Agreements to be executed between the award recipient and the Tahoe Regional Planning Agency. Signature on this agreement is required by TRPA. The Agreement also notes the City’s requirement to obtain obligation of funds (E-76, with CalTrans) within the federal fiscal year the funding is awarded.

Financial Implications: The recommended award for the Pioneer Trail project is $1.2Million with no matching fund requirement. The recommended award for the EV Microtransit Base Station is $275,355, and 11.47% match is $35,675. The previously set aside grant matching amount is $30,854 and will be increased by an additional $4,821. A resolution for budget appropriations will be brought to council along with the funding agreement at one of the next council meetings. 492
Council Agenda Report- November 7, 2023 Page 2 of 2
Environmental Considerations: The appropriation of funds for the above-mentioned projects is not approval of a project requiring review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15352 (because this decision does not commit the City to a definite course of action in regard to any project) and 15378(b)(4) (creation of government funding mechanisms or other government fiscal activities) or Federal Environmental Protection Act (NEPA) requirements. Each project will require a federal environmental clearance prior to construction.

Policy Implications: Signing the Program Agreements will allow the City to move forward with two priority Capital Improvement Projects. Adding fleet electric charging, solar, and battery advances the Climate Action Plan and greenhouse gas reduction goals. 493
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Agreement No. CARGP2023-04
Tahoe Regional Planning Agency
2023 Regional Grant Program Agreement
This Agreement is made and entered on ________________, by and between the Tahoe Regional Planning Agency (TRPA), and City of South Lake Tahoe, hereinafter referred to as the “Recipient” of the Regional Grant Program (RGP).

WHEREAS, the Recipient has been selected to be awarded funding from the TRPA Regional Grant Program; and
WHEREAS, the Recipient is agreeing to implement the Microtransit EV Charging Base Station as outlined in the Terms and Conditions below; and
WHEREAS, the Recipient will carry out the Scope of Work utilizing the Carbon Reduction Program funding awarded and identified in the Awarded Funding below; and NOW, THEREFORE, the two parties agree to the project award details and Terms and Conditions as follows:

Title of Project (or Program): Microtransit EV Charging Base Station Transportation Tracker Project ID: 03.02.01.0063
Project Period: February 2024 thru December 2025
Funding Source: Carbon Reduction Program
Awarded Funding: $275,355
Award Year: FFY 2024 From: October 1, 2023 Through: September 30, 2024 Phase of Work: Construction
_____________________________________________________________________________________ Terms and Conditions
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SCOPE OF WORK
Project Description
The TRPA hereby incorporates the activities included in the Recipient’s RGP application submitted to and selected by TRPA into these award terms and conditions.

The objectives of this agreement are to specify the use of the Regional Grant Program funding to implement the Microtransit EV Charging Base Station,
Project is Phase 2 of the “South Shore Microtransit Electrification” that aims to achieve fleet transition for Lake Link's microtransit vans to electric.

Project will provide supportive infrastructure for a solar/battery powered Level 2 overnight charging facility for four electric vans at the City's D Street facility.

Tasks are planning, design, and construction of a Level 2 Charging Base Station.

PROJECT PROGRAMMING/TRACKING
The Recipient agrees to enter and maintain the project and funding information in the Lake Tahoe Tracker Tool: https://transportation.laketahoeinfo.org/. The tracker information will be used to track progress, program project in the Federal Transportation Improvement Program, and provide transparency and detail about the project.

The TRPA is responsible for programming the project in the Federal Transportation Improvement Program.

PROJECT FUNDING AUTHORIZATION
The Recipient is required to work with Caltrans Local Assistance using the Local Assistance Procedures Manual (LAPM) for project authorization and obligation of funding prior to beginning work on the project.

The Recipient agrees to obtain obligation of funds (E-76) within the federal fiscal year the funding is awarded. If the Recipient is not able to meet the funding timeline, the TRPA must be notified immediately. The TRPA and the Recipient will collaborate to find a resolution.

The TRPA, upon consultation with the Recipient, has the right to redirect program funds to other agencies and projects so as not to lose funding to the Tahoe Region. 495
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PAYMENT
The Recipient must follow Caltrans LAPM accounting protocols and procedures for reimbursement of work. The Recipient is responsible for submitting an invoice for the work completed in a timely manner to prevent a project from becoming inactive in the federal finance system.

REPORT
TRPA Reporting
The Recipient agrees to update the project annually in the Lake Tahoe Transportation Tracker:
https://transportation.laketahoeinfo.org/ or as any changes to the project information and funding arise.

Caltrans Reporting
The Recipient agrees to follow the reporting procedures in Caltrans LAPM.

WHEREAS, the Recipient has been selected to be awarded funding from the TRPA Regional Grant Program; and
WHEREAS, the Recipient is agreeing to implement the Pioneer Trail Pedestrian Improvement Project Phase II as outlined in the Terms and Conditions below; and WHEREAS, the Recipient will carry out the Scope of Work utilizing Active Transportation Program Metropolitan Planning Organization funding awarded and identified in the Awarded Funding below; and NOW, THEREFORE, the two parties agree to the project award details and Terms and Conditions as follows:

Title of Project (or Program): Pioneer Trail Pedestrian Improvement Project Phase II Transportation Tracker Project ID: 03.02.02.0078
Project Period: October 2023 thru December 2024
Funding Source: Active Transportation Program / Metropolitan Planning Organization

1. Awarded Funding: $1,200,000
Award Year: FFY 2024 From: October 1, 2023 Through: September 30, 2024 Phase of Work: Construction
_____________________________________________________________________________________ Terms and Conditions
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SCOPE OF WORK
Project Description
The TRPA hereby incorporates the activities included in the Recipient’s RGP application submitted to and selected by TRPA into these award terms and conditions.

The objectives of this agreement are to specify the use of the Regional Grant Program funding to implement the Pioneer Trail Pedestrian Improvement Project Phase II, Project will provide pedestrian and roadway safety improvements along Pioneer Trail from Ski Run Boulevard to Larch Avenue. Project will close a gap for alternative transportation and facilitate additional modes of transportation.

Tasks include construction of pedestrian sidewalks, crosswalks, bus shelters, and pedestrian lighting.

Construction to begin Summer of 2024.

Project has completed environmental and 60% project design plans. Concurrently working on 90% plans and right of way acquisitions.

PROJECT PROGRAMMING/TRACKING
The Recipient agrees to enter and maintain the project and funding information in the Lake Tahoe Tracker Tool: https://transportation.laketahoeinfo.org/. The tracker information will be used to track progress, program the project in the Federal Transportation Improvement Program, and provide transparency and detail about the project.

The TRPA is responsible for programming the project in the Federal Transportation Improvement Program.

PROJECT FUNDING AUTHORIZATION
The Recipient is required to work with Caltrans Local Assistance using the Local Assistance Procedures Manual (LAPM) for project allocation, authorization, and obligation of funding prior to beginning work on the project.

The TRPA, upon consultation with the Recipient, has the right to redirect program funds to other agencies and projects so as not to lose funding to the Tahoe Region. 498
Page | 3

Caltrans Reporting
The Recipient agrees to follow the reporting procedures in Caltrans LAPM.

AGREEMENT
TRPA and the Recipient agree to carry out the activities identified, and uphold this agreement. __________________________________________ Date: _______________________ Transportation: Nick Haven, MPO Director
Tahoe Regional Planning Agency
__________________________________________ Date: _______________________ Recipient: Joseph Irvin, City Manager
City of South Lake Tahoe
Approve as to Form:
__________________________________________ Date: _______________________ Heather Stroud, City Attorney
Attest:
__________________________________________ Date: _______________________ Susan Blankenship, City Clerk
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:21
Agenda Item: 2023 CalRecycle SB 1383 Local Assistance Grant Program Executive Summary: The Department of Resources Recycling and Recovery (CalRecycle) offers the SB 1383 Local Assistance Grant Program pursuant to Chapter 395, Statutes of 2016. The purpose of the grant is to provide funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383. The base award is $75,000 for each eligible applicant. Funds will be used to for outreach and education supporting organic material diversion from landfills, including efforts to educate the community about the transition to a 3-cart waste management system.

Applications are due November 15, 2023, and grants will be awarded around March 2024. Grant term will extend to April 1, 2026.

Requested Action / Suggested Motions: Pass a Resolution authorizing the City Manager to submit an application for the 2023 CalRecycle Local Assistance Grant Program for $75,000.

Responsible Staff Member: Sara Letton, Sustainability Coordinator Lori Marino, Principal Management Analyst
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01 - 2023 CalRecycle Local Assistance Grant Application.docx 02 - Resolution to Apply for CalRecycle Local Assistanct Grant.docx 500
Council Agenda Report- November 7, 2023

Page 1 of 2 ends

City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Ratification of Grant Application to CalRecycle for SB 1383 Local Assistance Grant Program for FY 2022-23
Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator (530) 542-6175 Background: In September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). SB 1383 sets targets to reduce organic waste disposal by 50 percent by 2020 and 75 percent by 2025. The law also includes a target to recover at least 20 percent of currently disposed of surplus food by 2025 for human consumption.

The Department of Resources Recycling and Recovery (CalRecycle) is administering a second year of their SB1383 Local Assistance Grant Program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016. This is a noncompetitive grant program providing $90,000,000 in available funding in fiscal year 2022 – 23. $75,000 is the base award for each eligible applicant.

Eligible project activities and costs include:
 Capacity planning
 Collection
 Edible food recovery
 Education and outreach (includes organic waste and edible food recovery)  Enforcement and inspection.

Issue and Discussion: The City of South Lake Tahoe is eligible for the CalRecycle grant because we have adopted an enforceable ordinance implementing SB 1383 (City Council Ord.

No. 2021-1157). The grant amount is a base award of $75,000, for which the City is eligible. There is no requirement for matching funds. The grant application is due on November 15, 2023 and a Resolution supporting the application must be submitted by December 20, 2023.

Staff met with staff from South Tahoe Refuse to determine the best use of the grant funds. The City intends to use these grant funds towards education and outreach supporting commercial and residential food waste diversion programs and educating the community on the new 3-cart program for waste collection.
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Council Agenda Report- November 7, 2023

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The 3-cart program is detailed in the recently adopted Franchise Agreement with South Tahoe Refuse. A 3-cart system supporting source-separated material is a mandate of the state. The overarching idea is that will lead to higher organics diversion rates and achieving of state carbon goals.

The City of South Lake Tahoe received a high-elevation waiver allowing residential food waste to remain in disposal containers. However, this grant can assist with the overall program goal and public education.

In recognition of the significant change in waste management behavior that will be needed to transition to a 3-cart program, the City of South Lake Tahoe partnered with South Tahoe Refuse and California Volunteers to bring two full-time AmeriCorps Fellows to support the education and outreach that will lead to more organic material staying out of landfills, effectively lowering carbon emissions.

Financial Implications: There are no matching grant fund requirements. If awarded, funds will be appropriated into the FY 2023/2024 budget, account 100-01967 Sustainable South Lake Tahoe, as follows:

CalRecycle Revenue 33243: $75,000
Sustainability Expenses 44039: $75,000
A resolution for budget appropriations will be brought to council with the grant agreement if the grant is awarded.

Environmental Considerations: The appropriation of funds for the above-mentioned projects is not a project requiring review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).

Policy Implications: The grant application will support the City’s solid waste management efforts and support the SB 1383 recycling program. 502
Resolution 2023-XXX November 7, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 7, 2023
Authorizing submittal of application for Senate Bill 1383 CalRecycle Local Assistance Grant Program, FY 2022-23

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

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

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

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

1. Authorizes the submittal of application(s) to CalRecycle for all grants for which The City of South Lake Tahoe is eligible.

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

3. That these authorizations are effective for five (5) years from the date of adoption of this resolution.

Adopted by the City of South Lake Tahoe City Council on November 7, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cristi Creegan, Mayor
Attest:
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Resolution 2023-XXX November 7, 2023 Page 2 of 2
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:22
Agenda Item: Reimbursement Agreement with Barton Health for Opioid Use Disorder Services Executive Summary: For consideration is a motion authorizing the mayor to execute an agreement with Barton Health for them to provide specified opioid remediation services to the community and be reimbursed by the City with previously approved and budgeted opioid settlement funds Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Reimbursement Agreement with Barton Health to provide opioid remediation services using previously budgeted Opioid Settlement Agreement Funds in an amount not to exceed existing fund balance (approximately $123,350 per year).

Responsible Staff Member: David Stevenson, Police Chief Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirove, Director of Finance Heather Stroud, City Attorney
Attachments:
01 STAFF REPORT OPIOID FUNDS 110723.docx
02 Barton Agreement for Opioid Funds.pdf
03 Exhibit-E-Final-Settlement-Agreement.pdf
04 Barton Opioid Memo.pdf
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Council Agenda Report November 7, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Opioid Settlement Services Memorandum of Understanding with Barton Health Location: City Wide
Responsible Staff Member: David Stevenson, Police Chief Background: On December 7, 2021 the City Council adopted Resolution No. 2021-105 approving the City’s participation in the National Opioid Litigation Settlement (Distributors and Janssen). On September 7, 2022 City Council adopted Resolution No. 2022-112 to accept and appropriate those funds (settlement #1). This settlement is estimated to pay the City $1,200,000.00 over 18 years (about $66,666.00/year).

On April 4, 2023 City Council approved Resolution No. 2023-030 to accept and appropriate a second round of settlements (National Opioid Abatement Trust II – Settlement #2). Settlement #2 is estimated to pay the City of South Lake Tahoe up to $850,265.00 over 15 years (approximately $56,684/year) Settlement #1 and #2 together are estimated to be $123,350.00 per year for 15 years and $66,666.00 per year beginning year 16 through 18. The combined opioid settlement funds received by the City as of 8/29/23 is $218,490.78.

Issue and Discussion: The City is obligated to use these funds for opioid use disorder (OUD) abatement activities. Allowable uses are specifically articulated in the settlement agreement “Exhibit E – List of Opioid Remediation Uses”. There are “Core Strategies” which are required to be given priority, and there are actual “Approved Uses”. See attached “Exhibit E” for the list of Core Strategies and Approved Uses.

The Police Department has worked closely with community partners (including Barton Health) through our STACS program to find long term solutions to complex issues involving people suffering from substance use disorders (SUDs) (including opioid use disorder (OUD)). We also work with people suffering from Mental health issues, and persons experiencing homelessness. Those with co-occurring conditions can be the most challenging to connect to services.

Barton Health is in the unique position of having already established many OUD services in our community.

They have a Substance Use Navigator (SUN) who assists patients with OUD including rapid access to Medication Assisted Treatments and outpatient follow-up and treatment. They have an Addiction Medicine Task Force (AMTF) which includes the SUN, an addiction medicine physician, emergency department nursing supervisor, and a Population Health service provider.

Barton is looking to expand their services to include improved services for persons experiencing OUD and co-occurring mental health diagnoses, provision of wrap around services, harm reduction durables for syringe service programs and a more succinct local pathway from incarceration to opioid treatment. 506
Council Agenda Report November 7, 2023 Page 2 of 2
This is just a summary of Barton’s current services and intended use of funds. See attachment “Barton Opioid Use Disorder (OUD) services description and intended use of funds” document for more information.

All of these services and desired expansion of services fall within the settlement “Core Strategies” and “Approved Uses” specified in “Exhibit E”.

Financial Implications: There will be no impact to the general fund. The City will reimburse Barton Health for opioid abatement services on a quarterly basis in an amount not to exceed existing fund balance. Current fund balance available for the program is $218,490.78.

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

Policy Implications: This agreement is consistent with the policies and goals of the Police Department. 507

CITY OF SOUTH LAKE TAHOE

REIMBURSEMENT AGREEMENT

FOR OPIOID USE DISORDER SERVICES
This Agreement is made and entered into as of the 7th day of November 2023 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Barton Healthcare System, a California nonprofit community health care system (“Barton”).

RECITALS
A. The City is participating in national opioid litigation settlements with Janssen, McKesson/Cardinal Health/Amerisource Bergen, and Teva/Allergan/CVS/Walgreens/Walmart (collectively, “Settlement Agreements”), in which the City is receiving settlement funds in an approximate amount of $123,350 per year (collectively, “Settlement Funds”).

B. The City is required by the Settlement Agreements to expend the Settlement Funds on specific opioid remediation activities as articulated in Exhibit “E” to the Settlement Agreements, which is attached hereto as Exhibit “1.”
C. The City is further required by the Settlement Agreements to expend at least fifty (50) percent of the Settlement Funds for each calendar year on one or more of specific opioid remediation activities, namely: (1) the provision of matching funds or operating costs for Substance Use Disorder (“SUD”) facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded SUD treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD; (4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; (5) interventions to prevent drug addiction in vulnerable youth; and/or (6) the purchase of naloxone for distribution and efforts to expand access to naloxone for opioid overdose reversals (collectively, “High Impact Abatement Activities”).
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D. The City, through its Police Department, has established a program called South Tahoe Alternative Collaborative Services (“STACS”), which is a collaborative working agreement between the City (Police Department and South Lake Tahoe Fire Rescue), Barton, Tahoe Coalition for the Homeless, El Dorado County Behavioral Health Services (Mental Health and SUD Services), and Cal Tahoe JPA Ambulance to provide coordinated services to persons experiencing homelessness, mental illness, and/or substance use disorders. This Agreement supports and advances the mission of STACS by funding existing and expanded opioid remediation services for the population served by STACS.

E. The Settlement Agreements allow the City to enter into agreements with private sector entities in pursuing these opioid remediationactivities.

F. Through its Substance Use Navigator (“SUN”) program that currently interacts with an average of 40 patients a month and coordinates care for nearly 80 patients per month, Barton currently provides various opioid remediation services consistent with the allowable uses of Settlement Funds, some of which qualify as High Impact Abatement Activities, and Barton and the City desire for Barton to continue and expand these services with use of the Settlement Funds for the benefit of the South Lake Tahoe community.

AGREEMENT

1. Reimbursable Opioid Remediation Services. Barton currently provides the following opioid remediation services that are reimbursable with Settlement Funds under this Agreement (collectively, “Existing Services”):
a. Medication-Assisted Treatment (“MAT”) including rapid access to buprenorphine in the Emergency Department and rapid follow-up in the outpatient setting, including for individuals who are uninsured or whose insurance does not cover the needed service.
b. Naloxone distribution via emergency room and rural health clinic, including to patients who are uninsured or whose insurance does not cover this treatment.
c. Coordination of care through a navigator to improve treatment retention and follow-up rates.

Barton plans to expand its opioid remediation services to include the following, which are reimbursable with Settlement Funds under this Agreement (collectively, “Expanded Services”):
a. Social services expansion with cognitive behavioral therapy for SUD/co-occurring mental health diagnoses.
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b. Provision of wrap-around services to include expansion of current intensive outpatient treatment, such as naloxone distribution, infectious disease testing, pre-exposure prophylaxis for HIV, and outpatient therapy/counseling services with a licensed clinical social worker.
c. More succinct local pathway from incarceration to opioid treatment such as coordination and outreach with parole officers to provide MAT including long-lasting medication for better overdose defense for individuals leaving incarceration.
d. Apply for grants through the Behavioral Health Continuum Infrastructure Program, which may require matching funds.

2. Reimbursement. The City will use available Settlement Funds to reimburse Barton for the Existing Services and Expanded Services in Section 1. At least fifty (50) percent of the reimbursement for each calendar year shall be for one or more High Impact Abatement Activities as listed in Recital C. At no time shall the City reimburse Barton for any amount above the available Settlement Funds balance. Reimbursement is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein.

3. Method of Payment. Beginning on December 31, 2023, Barton shall submit quarterly invoices to the City describing the Existing Services and Expanded Services performed during the preceding quarter and indicating which of the services are High Impact Abatement Activities. Barton’s invoices shall include an itemized description of the services performed, the date the services were performed, and information about the personnel performing services, patient services provided, and equipment and/or supplies purchased. Invoices shall provide information sufficient for the City to complete the annually required California Department of Health Care Services Opioid Settlements Expenditure Reporting Form, which is attached hereto as Exhibit 3. Invoices should be mailed to the following address:

Finance Department
Attn: Andrew Black, Financial Services Supervisor
City of South Lake Tahoe
1901 Lisa Maloff Way,
South Lake Tahoe, CA 96150
City shall reimburse Barton no later than 15 days after approval of the quarterly invoice by City staff.

4. Communication and Coordination. The Parties agree to meet as needed or by request of either Barton or the City to discuss and coordinate on the following:
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a. Remaining available Settlement Funds for coordination of expenditures on Existing Services and Expanded Services. b. Prioritization of Existing Services and Expanded Services, includingfor support of STACS.
c. Grant applications to support additional funding for Existing Services and Expanded Services.

5. Term. The Term of this Agreement is three (3) years with the option to extend for two (2) additional years upon mutual agreement of the Parties.

6. Termination. This Agreement may be terminated by City or Barton for cause or without cause upon ninety days (90) days written notice of termination.

Upon termination, Barton shall be entitled to reimbursement for qualifying services performed up to the effective date of termination.

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. Barton’s Books and Records.
a. Barton shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to invoices for Existing Services andExpanded Services for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Barton for services reimbursed pursuant to this Agreement.
b. Barton shall maintain all documents and records whichdemonstrate 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 Barton’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, 511
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 Barton’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 Barton, Barton’s representatives, or Barton’s successor-in-interest.

8. Independent Contractor. It is understood that Barton, in the performance of the services subject to reimbursement under this Agreement, shall act as and be an independent contractor and shall not act as an agent or employee of City. Barton shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Barton hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Barton are employees, agents, contractors or subcontractors of Barton and not of the City.

City is not required to make any deductions or withholdings form the compensation payable to Barton under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Barton’s assigned personnel. Any third party persons retained by Barton shall be entirely and exclusively under the direction, supervision, and control of Barton. Barton 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 Agreement.

9. Interest of Barton. Barton, (and its principals, associates and professional employees) covenants and represents that it does not now have any investment or interest and shall not acquire any interest, direct or indirect, in any source of income or investment which would be affected in any manner or degree by this Agreement.

10. Compliance with Laws. Barton shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in performing the services reimbursable under this Agreement. Barton shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments in performing any of the work reimbursable under this Agreement. The City, its officials, officers, elected officials, appointed officials 512
and employees shall not be liable at law or in equity as a result of any failure of Barton to comply with this section.

11. Licenses. Barton represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Barton to perform the services reimbursable under this Agreement. Barton represents and warrants to City that Barton shall, at itssole 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 Barton. Barton acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.

12. Indemnity. Barton 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 or caused in any way by Barton’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. Barton agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Barton’s negligent acts, errors, omissions, regarding this Agreement.

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

This hold harmless agreement by Barton shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Barton 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.

Barton 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 Barton’s work under this Agreement.

13. Insurance Requirements.
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a. Barton, at Barton’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Barton shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California. In addition, Barton 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. Barton 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 reimbursable services under this Agreement.
ii. Commercial General Liability Coverage. Barton 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 Barton. 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. Barton shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Barton arising out of or in connection with the reimbursable services 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. 514
iv. Professional Liability Coverage. Barton shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Barton 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. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees or agents, except for Barton’s Professional Liability and Employers’ Liability policies.
ii. 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. iii. No policies of insurance carried by Barton shall besuspended, 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. Barton shall be responsible for all deductibles in all of Barton’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. Barton shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Barton shall not be entitled to reimbursement under this Agreement until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Barton 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.
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14. 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 thissection.

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Attn: Andrew Black,
Financial Services Supervisor
[email protected]
Provide a copy to: City Attorney’s Office
Attn: Heather Stroud, City Attorney
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
[email protected]
If to Barton: Barton Health
Attn: Chief Financial Officer
2170 South Avenue
South Lake Tahoe, CA 96150
[email protected]
Provide a copy to: Matthew Milone,
Barton Health Corporate Counsel
2170 South Avenue
South Lake Tahoe, CA 96150
[email protected]

15. 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 Barton. Assignments of any or all rights, duties or obligations of Barton under this Agreement will be permitted only with the express consent of City. Barton shall not subcontract any portion of the reimbursable services to be performed under this Agreement without the written authorization of City. If the City consents to such subcontract, Barton 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 516
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.

16. 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.

17. 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.

18. 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.

19. Prohibited Interests. Barton maintains and warrants that it has not employed nor retained any person to solicit or secure this Agreement. Further, Barton warrants that it has not paid nor has it agreed to pay any person, other than a bona fide employee working solely for Barton 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.

20. Equal Opportunity Employment. Barton 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.

21. Drug-Free Workplace Certification. By signing this Agreement, Barton hereby certifies under penalty of perjury under the laws of the State of California that Barton will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
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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(a) 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(a), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Barton’s drug-free policy statement; and ii. Will agree to abide by the terms of the Barton’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 Barton may be ineligible for award of any future City agreements if City determines that any of the following has occurred: Barton (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

22. Anti-Lobbying Certification. Barton shall submit to City the Anti-Lobbying Certification contained in Exhibit 2. Further, Barton shall require that the language of the certification in Exhibit 2 be included in all contracts or subcontracts entered into in connection with this Agreement and that all contractors and subcontractors shall certify and discloseaccordingly.

23. Americans with Disabilities Act. By signing this Agreement, Barton 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. 518

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

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

26. 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.

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

28. Authority to Enter Agreement. Barton 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: BARTON HEALTHCARE SYSTEM:

By By
Cristi Creegan, Mayor Clinton Purvance, M.D., President & CEO Date Date
APPROVED AS TO FORM:

By
Heather Stroud, City Attorney
Business License #
Date
519
ATTEST:

By
Susan Blankenship, City Clerk
Attachments:

Date
Exhibit 1 – Exhibit “E” to Opioid Settlement Agreements Exhibit 2 - Anti-Lobbying Certification
Exhibit 3 - California Department of Health Care Services Opioid Settlements Expenditure Reporting Form
520
EXHIBIT 1
EXHIBIT “E” to Opioid Settlement Agreements
(List of Opioid Remediation Uses)
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EXHIBIT E
List of Opioid Remediation Uses
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”).14
A. NALOXONE OR OTHER FDA-APPROVED DRUGTO

REVERSE OPIOID OVERDOSES

1. Expand training for first responders, schools, community support groups and families; and

2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.

B. MEDICATION-ASSISTED TREATMENT (“MAT”)

DISTRIBUTION AND OTHER OPIOID-RELATED

TREATMENT

1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;

2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;

3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and

4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other supportservices.
14 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.
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C. PREGNANT & POSTPARTUM WOMEN

1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women;

2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with cooccurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum; and

3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job
placement/training, and childcare.

D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)

1. Expand comprehensive evidence-based and recovery
support for NAS babies;

2. Expand services for better continuum of care with infantneed dyad; and

3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.

E. EXPANSION OF WARM HAND-OFF PROGRAMS AND

RECOVERY SERVICES

1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;

2. Expand warm hand-off services to transition to recovery services;

3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;

4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job
placement/training, and childcare; and

5. Hire additional social workers or other behavioral health workers to facilitate expansions above.
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F. TREATMENT FOR INCARCERATED POPULATION

1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and

2. Increase funding for jails to provide treatment to inmates with OUD.

G. PREVENTION PROGRAMS

1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco);

2. Funding for evidence-based prevention programs in
schools;

3. Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at
hospitals (academic detailing);

4. Funding for community drug disposal programs; and

5. Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response
teams, or similar strategies that connect at-risk individuals to behavioral health services andsupports.

H. EXPANDING SYRINGE SERVICEPROGRAMS

1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.

I. EVIDENCE-BASED DATA COLLECTION AND

RESEARCH ANALYZING THE EFFECTIVENESS OF THE

ABATEMENT STRATEGIES WITHIN THESTATE
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Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidenceinformed programs or strategies that may include, but are not limited to, those that:15

1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S. Food and Drug Administration.

2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any cooccurring SUD/MH conditions.

3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.

4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidencebased or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.

5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose.

6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma.

7. Support evidence-based withdrawal management services for people withOUD and any co-occurring mental health conditions.
15 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.

PART ONE: TREATMENT
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8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas.

9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions.

10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.

11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.

12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.

13. Disseminate of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing.

14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment.

B. SUPPORT PEOPLE IN TREATMENT ANDRECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:

1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.

2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services.

3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.
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4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other supportservices.

5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.

6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD andany co-occurring SUD/MH conditions.

7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.

8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.

9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.

10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.

11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.

12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.

13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.

14. Create and/or support recovery high schools.

15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.

C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEYNEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
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1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.

2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.

3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.

4. Purchase automated versions of SBIRT and support ongoing costs of the technology.

5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.

6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.

7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.

8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose.

9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event.

10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose.

11. Expand warm hand-off services to transition to recoveryservices.

12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.

13. Develop and support best practices on addressing OUD in theworkplace. 528
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14. Support assistance programs for health care providers with OUD.

15. Engage non-profits and the faith community as a system to support outreach for treatment.

16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions.

D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVEDPERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:

1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);

2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;

3. “Naloxone Plus” strategies, which work to ensure that individualswho have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;

4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;

5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or

6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.

2. Support pre-trial services that connect individuals with OUD and any cooccurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.

3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. 529
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4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any cooccurring SUD/MH conditions who are incarcerated in jail or prison.

5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any cooccurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities.

6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.

7. Provide training on best practices for addressing the needs of criminal justiceinvolved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in thissection.

E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND

THEIR FAMILIES, INCLUDING BABIES WITH NEONATALABSTINENCE

SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnantwomen—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.

2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.

3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any cooccurring SUD/MH conditions.

4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.
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5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care.

6. Provide child and family supports for parenting women with OUD and any cooccurring SUD/MH conditions.

7. Provide enhanced family support and child care services for parents withOUD and any co-occurring SUD/MH conditions.

8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.

9. Offer home-based wrap-around services to persons with OUD and any cooccurring SUD/MH conditions, including, but not limited to, parent skills training.

10. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.

F. PREVENT OVER-PRESCRIBING AND ENSUREAPPROPRIATE

PRESCRIBING AND DISPENSING OFOPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).

2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.

3. Continuing Medical Education (CME) on appropriate prescribing of opioids.

4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.

5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvementsthat:

PART TWO: PREVENTION
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1. Increase the number of prescribers using PDMPs;

2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or

3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.

6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.

7. Increasing electronic prescribing to prevent diversion or forgery.

8. Educating dispensers on appropriate opioid dispensing.

G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding media campaigns to prevent opioid misuse.

2. Corrective advertising or affirmative public education campaigns based on evidence.

3. Public education relating to drug disposal.

4. Drug take-back disposal or destruction programs.

5. Funding community anti-drug coalitions that engage in drug prevention efforts.

6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).

7. Engaging non-profits and faith-based communities as systems to support prevention.
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8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others.

9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.

10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.

11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.

12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.

H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARMREDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.

2. Public health entities providing free naloxone to anyone in the community.

3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.

4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.

5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.

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7. Public education relating to immunity and Good Samaritan laws.

8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.

9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.

10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.

11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MHconditions.

12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any cooccurring SUD/MH conditions.

13. Supporting screening for fentanyl in routine clinical toxicologytesting.

I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:

1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.

2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events.

J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:

1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment PART THREE: OTHER STRATEGIES
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intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioidor health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.

3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

4. Provide resources to staff government oversight and management of opioid abatement programs.

K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:

1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.

2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any cooccurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.).

L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:

1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.

2. Research non-opioid treatment of chronic pain.

3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
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4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl teststrips.

5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.

6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).

7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.

8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.

9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes.
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EXHIBIT 2

ANTI-LOBBYING CERTIFICATION
Barton 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 cooperativeagreement, 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.

Barton:

Name, Title
By:
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EXHIBIT 3
California Department of Health Care Services Opioid Settlements Expenditure Reporting Form
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1 California's Opioid Settlements
Expenditure Reporting Form
Cover Page Introduction
Participating Subdivisions receiving funds from California's Opioid Settlements are required to complete annual reporting to the Department of Health Care Services (DHCS). Opioid settlement funds in this instance refers to final and proposed agreements between California and opioid distributors and manufacturers: McKesson, Cardinal Health and AmerisourceBergen (collectively, the Distributors); Janssen Pharmaceuticals, Inc.; Teva; Allergan; and pharmacies Walmart, Walgreens, and CVS (collectively, the Pharmacies).

This reporting form covers the period of July 1, 2022 – June 30, 2023. Please ensure all responses reflect the 2022 – 2023 State Fiscal Year (SFY). This report is due September 30, 2023.

This form is intended to collect expenditure information from California Participating Subdivisions and Plaintiff Subdivisions receiving allocations from the California Abatements Account and California Subdivision Fund as part of California's Opioid Settlements.
» A Participating Subdivision is a city or county eligible to receive funds from one or multiple of the settlements listed above. A definition for Participating Subdivisions can be found in Section 2(a) of the California State Subdivision Agreements.
» A Plaintiff Subdivision is a Subdivision located in California, otherthan a Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1,2020.

A list of Participating and Plaintiff Subdivisions can be found in both the California State Agreements in Appendix 1. If you have questions about your Subdivision’s status, please reference this appendix, or contact your City, County, or outside Counsel. 539
2 If you have any questions filling out this form, please review the Q&A document.

If you need to submit a revision to already submitted data, please contact the UCLA Evaluation team by emailing [email protected].

Necessary Materials
To see a comprehensive list of necessary materials and information, please view the Necessary Materials Checklist. You will need the following information to complete this form:
» The amount of funds received by your Participating Subdivision by settlement in SFY 2022-2023;
» The amount of funds expended by your Participating Subdivision, by activity, in SFY 2022-2023;
» Interest earned on settlement funds allocated to your Participating Subdivision in SFY 2022-2023;
» Reallocations to/from other Participating Subdivisions; » The amount of settlement funds spent on administrative costs; and » A description of planned activities/programs for the next fiscal year All Expenditure Reporting Forms must be submitted online. Word Document and PDF versions will not be accepted, they are for reference only.

If you would like to see a copy of the entire reporting form prior to completing it, please download the Opioid Settlement Funds Expenditure Reporting Form. All Expenditure Reporting Forms must be submitted online.

Submission Requirements
Participating Subdivisions shall only submit one (1) expenditure report annually for funds received from all settlements.

Do not send the expenditure reporting form to contractors or sub grantees to whom you may have awarded your opioid settlement funds. It is the Participating Subdivision’s responsibility to collect all required information regarding the opioid settlement funds they have received and to compile it into a singular report.

The preparer of the Expenditure Report should be the only person to submit one (1) expenditure report for your Participating Subdivision. 540
3 1. General Information
This section of the survey will ask for general information about your Participating Subdivision and the person preparing the expenditure report.

Participating Subdivision:
(Select the Participating Subdivision for which you are reporting. A list of Participating Subdivisions can be found on the DHCS OSF website.)
» Dropdown list of Participating Subdivisions. Select the Participating Subdivision you represent.
(Answer if “Other” selected above.) If your Participating Subdivision was not listed in the previous question, write the name of your Participating Subdivision below.

Participating Subdivision address:
(Please format as 0000 Street Name, City, State Initials Zip Code.) Name of preparer:
(Please include the first and last name of the individual preparing this form.) Preparer email address:
(This email will receive confirmation of the report submitted. Please ensure that it is correct.)
Confirm email address:

Preparer phone Number:
(xxx-xxx-xxxx)
541
4 2. Settlement Funds Information
This section will cover which settlement funds your Participating Subdivision has received.

Please select all settlement agreements for which your Participating Subdivision received opioid settlement funds. You must report expenditures on all settlement agreements that your Participating Subdivision received.

Opioid settlement funds in this instance refers to final agreements between California and opioid distributors and manufacturers: McKesson, Cardinal Health and AmerisourceBergen (collectively, the Distributors); Janssen Pharmaceuticals, Inc.; Teva; Allergan; and pharmacies Walmart, Walgreens, and CVS (collectively, the Pharmacies).

More information on each settlement agreement can be found on the DHCS OSF website.
» Allergan
» CVS
» Distributors
» Janssen
» Teva
» Walgreens
» Walmart
542
5 3. California Abatement Account - Payments
This section will cover settlement dollars received as payments as well as interest earned from settlement accounts that were allocated to the California Abatement Account.

1. List all settlement dollars received as payments to your California Abatement Account by each settlement. If there were no payments made for a particular settlement, write in 0.

Note: Due to delays with receiving settlement funds, multiple payments were made for the Janssen and Distributor settlements within the 2022-2023 fiscal year. Please indicate the total amount received for the below settlements within FY 22-23.

CA Abatement Account Payments Received in SFY 22-
23 Allergan
CVS
Distributors
Janssen
Teva
Walgreens
Walmart

2. List all interest earned from your California Abatement Account by each settlement.

If no interest was earned, please write in 0
543
6 CA Abatement Account Interest Earned in SFY 22-23
Allergan
CVS
Distributors
Janssen
Teva
Walgreens
Walmart
Reallocations To Other Participating Subdivisions
Participating Subdivisions may agree to reallocate their shares of the California Abatement Account Funds among themselves, provided that any direct distribution may only be to a Participating Subdivision and any Participating Subdivision must agree to their share being reallocated.

3. Did you reallocate any of your Participating Subdivision's funds received fromthe Settlement Administrator from the period of July 1, 2022 - June 30, 2023 from the California Abatement account to another Participating Subdivision. oYes
o No
544
7 (Answer this if yes to question above.)
3a. For the California Abatement Account, enter the exact amount of funds that your Participating Subdivision reallocated to other Participating Subdivisions from the period of July 1, 2022 - June 30, 2023. Please list all reallocations individually below.

Number Participating Subdivision
that received the
reallocated funds
Amount reallocated Which Settlement
Agreement were funds
reallocated from?
1 2
3 4
5 6
7 8
9 10
Reallocations Received From Other Participating Subdivisions Participating Subdivisions may agree to reallocate their shares of the California Abatement Account Funds among themselves, provided that any direct distribution may only be to a Participating Subdivision and any Participating Subdivision must agree to their share being reallocated.

4. Did you receive any of funds from another Participating Subdivision's during the period of July 1, 2022 - June 30, 2023 from their California Abatement account? oYes
o No
545
8 (Answer this if yes to question above.)
4a. For the California Abatement Account, enter the exact amount of funds that your Participating Subdivision received from other Participating Subdivisions from the period of July 1, 2022 - June 30, 2023. Please list all reallocations individually below.

Number Participating
Subdivision that you
received funds from
Amount reallocated Which Settlement
Agreement were funds
reallocated to?
1 2
3 4
5 6
7 8
9 10
546
9 4. California Abatement Account - Expenditures
In this section, Participating Subdivisions will report their expenditures of all opioid settlement funds from the California Abatement Account.

List all settlement dollars expended from your California Abatement Account by each settlement. If there were no funds expended for a particular settlement, put 0.

Note: Due to delays with receiving settlement funds, multiple payments were made for the Janssen and Distributor settlements within the 2022-2023 fiscal year. Please indicate the total amount expended for the below settlements within FY 22-23.

CA Abatement Account Funds Expended
in SFY 22-23
Allergan
CVS
Distributors
Janssen
Teva
Walgreens
Walmart
547
10 5. Plaintiff Subdivision
This section will cover information about Plaintiff Subdivisions.

Is your Participating Subdivision also a Plaintiff Subdivision? A Plaintiff Subdivision is a Subdivision located in California, other than a Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020.
oYes
o No
(If No is answered above, skip to Section 10.)
548
11 6. California Subdivision Fund - Payments
This section will cover settlement dollars received as well as interest earned from settlement accounts that were allocated to the California Subdivision Fund.

1. List all settlement dollars received as payments to your California SubdivisionFund by each settlement. If there were no payments made for a particular settlement, write in

0. Note: Due to delays with receiving settlement funds, multiple payments were made for the Janssen and Distributor settlements within the 2022-2023 fiscal year. Please indicate the total amount received for the below settlements within FY 22-23.

CA Subdivision Payments Received in SFY
22-23
Allergan
CVS
Distributors
Janssen
Teva
Walgreens
Walmart

2. List interest earned from your California Subdivision Fund by each settlement. If no interest was earned, please write in 0.
549
12 CA Subdivision Fund Interest Earned in
SFY 22-23
Allergan
CVS
Distributors
Janssen
Teva
Walgreens
Walmart
Reallocations To Other Participating Subdivisions
Participating Subdivisions may agree to reallocate their shares of the California Subdivision Funds among themselves, provided that any direct distribution may only be to a Participating Subdivision and any Participating Subdivision must agree to their share being reallocated.

3. Did you reallocate any of your Participating Subdivision's funds received fromthe Settlement Administrator from the period of July 1, 2022 - June 30, 2023 from the California Subdivision Fund to another Participating Subdivision? oYes
o No
550
13 (Answer this if yes to question above.)
3a. For the California Subdivision Fund, enter the exact amount of funds that your Participating Subdivision reallocated to other Participating Subdivisions from the period of July 1, 2022 - June 30, 2023. Please list all reallocations individually below.

Number Participating Subdivision
that received the
reallocated funds
Amount reallocated Which Settlement
Agreement were funds
reallocated from?
1 2
3 4
5 6
7 8
9 10
Reallocations Received From Other Participating Subdivisions Participating Subdivisions may agree to reallocate their shares of the California Subdivision Funds among themselves, provided that any direct distribution may only be to a Participating Subdivision and any Participating Subdivision must agree to their share being reallocated.

4. Did you receive any of funds from another Participating Subdivision's during the period of July 1, 2022 - June 30, 2023 from the California Subdivision Fund? oYes
o No
551
14 (Answer this if yes to question above.)
4a. For the California Subdivision Fund, enter the exact amount of funds that your Participating Subdivision received from other Participating Subdivisions from the period of July 1, 2022 - June 30, 2023. Please list all transfers individually below.

Number Participating
Subdivision that you
received funds from
Amount reallocated Which Settlement
Agreement were funds
reallocated to?
1 2
3 4
5 6
7 8
9 10
552
15 7. California Subdivision Account - Expenditures
In this section, Participating Subdivisions will report their expenditures of all opioid settlement funds from the California Subdivision Fund.

List all settlement dollars expended from your California Subdivision Fund by each settlement. If there were no funds expended for a particular settlement, put 0.

Note: Due to delays with receiving settlement funds, multiple payments were made for the Janssen and Distributor settlements within the 2022-2023 fiscal year. Please indicate the total amount expended for the below settlements within FY 22-23.

CA Subdivision Funds Expended in SFY 22-23
Allergan
CVS
Distributors
Janssen
Teva
Walgreens
Walmart
553
16 8. Past Opioid-Related Expenses
Did your Plaintiff Subdivision spend any California Subdivision funds on past opioidrelated expenses, including legal costs? oYes
o No
(Answer if yes to question above.) California Subdivision funds spent on past opioid related expenses, including legal costs, must be reported to the settlement funds administrator BrownGreer.

Has your Plaintiff Subdivision reported expenditures on past opioid-related expenses, including legal costs, to BrownGreer?
oYes
o No

9. Non-Opioid Remediation Expenses
Plaintiff Subdivisions must also report total expenditures for activities that do not qualify as opioid remediation to BrownGreer every six months, by June 30th and December 31st each year.

Enter the total expenditures from your Plaintiff Subdivision's California Subdivision Fund expended for activities that do not qualify as opioid remediation. Please enter a dollar amount.
554
17 10. Administrative Expenses
Pursuant to Section 1 of the settlement agreements, qualifying expenditures may include reasonable related administrative expenses. Please refer to DHCS Administrative Costs policy for additional guidance.

What amount of your total allocation from the California Abatement Account was spent on administrative costs? Please list the total administrative expenses for each opioid settlement your Participating Subdivision received.

Administrative Expenses for SFY 22-23
Allergan
CVS
Distributors
Janssen
Teva
Walgreens
Walmart
(Answer only if you answered “Yes” in Section 5.) What amount of your total allocation from the California Subdivision Fund was spent on administrative costs? Please list the total administrative expenses for each opioid settlement your Participating Subdivision received.

Administrative Expenses for SFY 22-23
Allergan
CVS
Distributors
Janssen
Teva
Walgreens
Walmart
555
18 I acknowledge that Participating Subdivisions may not exceed a cap of 10% of the total allocation from the California Abatement Account for administrative costs.

Sign:
556
19 11. Allowable Expenses Reporting
In this section, Participating Subdivisions will be asked to categorize expenditures by activities and by Exhibit E allowable expenses. Please read the Allowable Expenses document prior to completing this section.

Programs or Activities are defined as specific projects or uses of opioid settlement funds. Programs may be a set of related activities to accomplish a project or outcome.

Activities may be smaller scale or a singular use of funds. For example, a program may be a syringe exchange program while an activity may be passing out flyers for prevention education.

Examples of program or activity names and descriptions:
• Activity or Program Name: Naloxone purchase
o Activity or Program Description: Our Participating Subdivision purchased 1,200 units of naloxone in February 2023 to distribute to unhoused individuals in Los Angeles City during a community distribution event led by a county community partner, Harm Reduction Organization. • Activity or Program Name: Expanded a recovery treatment center o Activity or Program Description: Our Participating Subdivision expanded a recovery treatment center by adding two additional staff members and expanded the physical building to include extra rooms and beds. • Activity or Program Name: Expanded syringe services in San FranciscoCity o Activity or Program Description: Our Participating Subdivision expanded safe syringe services in San Francisco City by installing safe syringe disposal units across the city. We also purchased safer drug use supplies to distribute at syringe exchanges and harm reduction centers in the city.

How many total activities or programs will you be reporting on for the SFY 2022- 2023 (period of July 1, 2022 - June 30, 2023)? Please enter a number. 557
20 11. Allowable Expenses Reporting
Answer the following set of questions for each activity or program and you will be reporting on.

Please answer the following questions for Activity #1.

1. Activity or Program Name:

2. Activity or Program description (2-4 sentences):

3. List how much money was spent on this activity or program from your California Abatement Account by each settlement. If no money was spent from certain settlements, please write in 0.

Funds Expended in SFY 22-23
Allergan
CVS
Distributors
Janssen
Teva
Walgreens
Walmart
558
21 4. List how much money was spent on this activity or program from your California Subdivision Fund by each settlement. If no money was spent from certain settlements, please write in 0.

Funds Expended in SFY 22-23
Allergan
CVS
Distributors
Janssen
Teva
Walgreens
Walmart

5. Activity Start Date (mm/dd/yyyy):

6. List all local agencies or organizations who were given funds to implementthis activity/program:

7. Select all Allowable Expenditure types that apply for this activity. (In this section, Participating Subdivisions will be asked to categorize their activities by the list of approved uses in Exhibit E, including subcategories, of the settlement agreements. Subcategories are not listed in this PDF. Please review Exhibit E before completing this section to review the subcategories.) » ▢ Treat Opioid Use Disorder (OUD)
» ▢ Support People in Treatment and Recovery
559
22 » ▢ Connect People Who Need Help to the Help They Need (Connections to Care)
» ▢ Address the Needs of Criminal Justice-Involved Persons » ▢ Address the Needs of Pregnant or Parenting Women and Their Families, Including Babies with NAS
» ▢ Prevent Over-Prescribing and Ensure Appropriate Prescribing and Dispensing of Opioids
» ▢ Prevent Misuse of Opioids
» ▢ Prevent Overdose Deaths and Other Harms (Harm Reduction) » ▢ First Responders
» ▢ Leadership, Planning and Coordination
» ▢ Training
» ▢ Research
» ▢ Other
No less than fifty percent (50%) of the funds received by a Participating Subdivision from the Abatement Accounts Fund in each calendar year must be used for one or more of the High Impact Abatement Activities (HIAA).

Which, if any, High Impact Abatement Activities does activity #1 meet? Select all that apply and provide no more than 200 words to describe how this activity meets the selected High Impact Abatement Activity. ▢ HIAA 1: Provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program Please describe:
▢ HIAA 2: Creating new or expanded Substance Use Disorder (SUD) treatment infrastructure
Please describe:
560
23 ▢ HIAA 3: Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD
Please describe:
▢ HIAA 4: Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction
Please describe:
▢ HIAA 5: Interventions to prevent drug addiction in vulnerable youth Please describe:
▢ HIAA 6: The purchase of naloxone for distribution and efforts to expand access to naloxone for opioid overdose reversals.

Please describe:
▢ This activity is not a High Impact Abatement Activity and do not meet the criteria as defined above.
(Answer if HIAA 3 is selected.) You selected: "HIAA 3: Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD" Please describe the population(s) this activity or program serves:
(Answer if HIAA 4 is selected.) You selected: "HIAA 4: Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for 561
24 outreach, diversion and deflection, employability, restorative justice, and harm reduction"
Please describe the population(s) this activity or program serves:
(Answer if HIAA 5 is selected.) You selected: "HIAA 5: Interventions to prevent drug addiction in vulnerable youth"
Please describe the population(s) this activity or program serves:

Please add anything else you would like to share about activity #1:
562
25 12. Additional Activities
Do you have any other activities to report on?
oYes
o No
(If No, skip to Section 13.)
(If yes, answer this question.) How many more activities do you need to report for SFY 2022-2023 (period of July 1, 20223 – June 30, 2024)? Please enter a number.

12. Additional Allowable Expenses Reporting
Answer the following set of questions for each activity or program and you will be reporting on.
(If yes was selected above, repeat flow of Allowable Expenses Reporting pages 17- 35 above for each additional activity.)
563
26 13. Planned Activities Reporting for SFY 2023 - 2024 In this section, Participating Subdivisions will report their planned activities for opioid settlement funds for the State Fiscal Year 2023-2024.

Participating Subdivisions will be asked to categorize planned expenditures by activities and by Exhibit E Allowable Expenses. Please read the Allowable Expenses document prior to completing this section.

Programs or Activities are defined as specific projects or uses of opioid settlement funds. Programs may be a set of related activities to accomplish a project or outcome.

Activities may be smaller scale or singular uses of funds. For example, a program may be a syringe exchange program while an activity may be passing out flyers for prevention education.

1. Does your Participating Subdivision plan to maintain the same activities in the SFY 2023 – 2024 (period of July 1, 2023 – June 30, 2024)?
oYes
o No
o Unsure

2. Does your Participating Subdivision plan to add or change new activities in the SFY 2023-2024 (period of July 1, 2023 – June 30, 2024)?
oYes
o No
(If Yes to 1. AND No to 2 to the questions above, then skip to Section 15. Technical Assistance.

Any other combinations of answers, please proceed to Section 14. Planned Activities Reporting.)
564
27 14. Planned Activities Reporting
This section is where your Participating Subdivision will note planned activities and programs for the upcoming fiscal year.

Please answer the following questions for planned activity #1.

1. Activity or Program Name:

2. Activity or Program description (2-4 sentences):

5. Select all Allowable Expenditure types that apply for this activity. In this section, (In this section, Participating Subdivisions will be asked to categorize their activities by the list of approved uses in Exhibit E, including subcategories, of the settlement agreements. Subcategories are not listed in this PDF. Please review Exhibit E before completing this section to review the subcategories.) » ▢ Treat Opioid Use Disorder (OUD)
» ▢ Support People in Treatment and Recovery
» ▢ Connect People Who Need Help to the Help They Need (Connections to Care)
» ▢ Address the Needs of Criminal Justice-Involved Persons » ▢ Address the Needs of Pregnant or Parenting Women and Their Families, Including Babies with NAS
» ▢ Prevent Over-Prescribing and Ensure Appropriate Prescribing and Dispensing of Opioids
» ▢ Prevent Misuse of Opioids
» ▢ Prevent Overdose Deaths and Other Harms (Harm Reduction) 565
28 » ▢ First Responders
» ▢ Leadership, Planning and Coordination
» ▢ Training
» ▢ Research
» ▢ Other
No less than fifty percent (50%) of the funds received by a Participating Subdivision from the Abatement Accounts Fund in each calendar year must be used for one or more of the High Impact Abatement Activities (HIAA).

Which, if any, High Impact Abatement Activities does planned activity #1 meet? Select all that apply and provide no more than 200 words to describe how this activity meets the selected High Impact Abatement Activity. ▢ HIAA 1: Provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program Please describe:
▢ HIAA 2: Creating new or expanded Substance Use Disorder (SUD) treatment infrastructure
Please describe:
▢ HIAA 3: Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD
Please describe:
▢ HIAA 4: Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction
Please describe:
566
29 ▢ HIAA 5: Interventions to prevent drug addiction in vulnerable youth Please describe:
▢ HIAA 6: The purchase of naloxone for distribution and efforts to expand access to naloxone for opioid overdose reversals.

Please describe:
▢ This activity is not a High Impact Abatement Activity and do not meet the criteria as defined above.
(Answer if HIAA 3 is selected.) You selected: "HIAA 3: Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD" Please describe the population(s) this activity or program serves:
(Answer if HIAA 4 is selected.) You selected: "HIAA 4: Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction"
Please describe the population(s) this activity or program serves:
(Answer if HIAA 5 is selected.) You selected: "HIAA 5: Interventions to prevent drug addiction in vulnerable youth"
567
30 Please describe the population(s) this activity or program serves:

Please add anything else you would like to share about planned activity #1:
568
31 15. Technical Assistance
Does your Participating Subdivision want technical assistance on how to spend opioid settlement funds?
oYes
o No
DHCS has created several resources for technical assistance and has an official TA request form where Participating Subdivisions can request consultation and assistance in how to spend their opioid settlement funds. These resources can be found on the DHCS OSF website. Please see the following technical assistance (TA) request form below. Please use the TA Request Form to formally submit a request for technical assistance or consultation.
• Technical Assistance Request Form

16. Attestations
I certify and attest on behalf of my Participating Subdivision that no less than fifty percent (50%) of the funds received from the California Abatement Account were used for one or more of the High Impact Abatement Activities:

Sign:

I certify and attest on behalf of my Participating Subdivision that all funds received have been used in compliance with the requirements of the National Settlement Agreements and State Subdivision Agreements. Final versions of these agreements can be found on the CA Attorney General’s website: https://oag.ca.gov/opioids Sign:
569
32 I certify and attest on behalf of my Participating Subdivision that everything reported on this Opioid Settlement Funds Expenditure Reporting Form is true and correct:

Sign:
570
E-1

REVERSE OPIOID OVERDOSES

1. Expand training for first responders, schools, community support groups and families; and

2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.

B. MEDICATION-ASSISTED TREATMENT (“MAT”)

DISTRIBUTION AND OTHER OPIOID-RELATED

TREATMENT

1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;

2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;

3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and

4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.
14 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.
571
E-2
C. PREGNANT & POSTPARTUM WOMEN

1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women;

3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job
placement/training, and childcare.

D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)

1. Expand comprehensive evidence-based and recovery
support for NAS babies;

2. Expand services for better continuum of care with infantneed dyad; and

3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.

E. EXPANSION OF WARM HAND-OFF PROGRAMS AND

RECOVERY SERVICES

1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;

2. Expand warm hand-off services to transition to recovery services;

3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;

4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job
placement/training, and childcare; and

5. Hire additional social workers or other behavioral health workers to facilitate expansions above.
572
E-3
F. TREATMENT FOR INCARCERATED POPULATION

1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and

2. Increase funding for jails to provide treatment to inmates with OUD.

G. PREVENTION PROGRAMS

1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco);

2. Funding for evidence-based prevention programs in
schools;

3. Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at
hospitals (academic detailing);

4. Funding for community drug disposal programs; and

H. EXPANDING SYRINGE SERVICE PROGRAMS

I. EVIDENCE-BASED DATA COLLECTION AND

RESEARCH ANALYZING THE EFFECTIVENESS OF THE

ABATEMENT STRATEGIES WITHIN THE STATE
573
E-4
Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidenceinformed programs or strategies that may include, but are not limited to, those that:15

1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S. Food and Drug Administration.

2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any cooccurring SUD/MH conditions.

4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidencebased or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.

7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions.
15 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.
574
E-5

9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions.

10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.

14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment.

B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:

1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.

5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.

6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions.

7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.

8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.

12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.

13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.

14. Create and/or support recovery high schools.

15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.

C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
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1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.

2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.

4. Purchase automated versions of SBIRT and support ongoing costs of the technology.

5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.

6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.

11. Expand warm hand-off services to transition to recovery services.

13. Develop and support best practices on addressing OUD in the workplace. 577
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14. Support assistance programs for health care providers with OUD.

15. Engage non-profits and the faith community as a system to support outreach for treatment.

16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions.

D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:

1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);

2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;

3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;

4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;

5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or

6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.

2. Support pre-trial services that connect individuals with OUD and any cooccurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.

3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. 578
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E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND

THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE

1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.

2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.

3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any cooccurring SUD/MH conditions.

6. Provide child and family supports for parenting women with OUD and any cooccurring SUD/MH conditions.

7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions.

9. Offer home-based wrap-around services to persons with OUD and any cooccurring SUD/MH conditions, including, but not limited to, parent skills training.

PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE

PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.

3. Continuing Medical Education (CME) on appropriate prescribing of opioids.

4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.

5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:
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1. Increase the number of prescribers using PDMPs;

7. Increasing electronic prescribing to prevent diversion or forgery.

8. Educating dispensers on appropriate opioid dispensing.

1. Funding media campaigns to prevent opioid misuse.

2. Corrective advertising or affirmative public education campaigns based on evidence.

3. Public education relating to drug disposal.

4. Drug take-back disposal or destruction programs.

5. Funding community anti-drug coalitions that engage in drug prevention efforts.

7. Engaging non-profits and faith-based communities as systems to support prevention.
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9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.

10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.

H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

2. Public health entities providing free naloxone to anyone in the community.

4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.

5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.

6. Public education relating to emergency responses to overdoses. 582
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7. Public education relating to immunity and Good Samaritan laws.

8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.

10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.

13. Supporting screening for fentanyl in routine clinical toxicology testing.

PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:

1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.

2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events.

1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment 583
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intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

4. Provide resources to staff government oversight and management of opioid abatement programs.

1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.

L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:

1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.

2. Research non-opioid treatment of chronic pain.

3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
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4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.

5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.

9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes.
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Organization Contact Information
Elizabeth McNamara MD
[email protected]
Jacob Marquette DO
[email protected]
Barton Healthcare
2170 South Ave
South Lake Tahoe CA 96150
Barton Opioid Use Disorder (OUD) services description, and intended use of funds
Through Barton Healthcare and with funding from the California Bridge and State Opioid Response grants, Barton now has two years of experience with development and application of coordinating Substance Use Navigator (SUN) services. The services the SUN provides require additional funding to ensure continued availability to our patient population, now and into the future. The SUN coordinates care for patients with Substance Use Disorder (SUD), specifically Opioid Use Disorder (OUD), connecting them to care and facilitating treatment as well as providing support for those in treatment and recovery. The SUN position supports rapid access to buprenorphine in the Emergency Department and rapid follow up in the outpatient setting for patients started on buprenorphine, through a connected Rural Health Clinic (RHC). The SUN also provides harm reduction through various means including naloxone distribution. The SUN is an integral part of the OUD services Barton provides to the community.

Barton’s Addiction Medicine Task Force (AMTF) was developed in response to the need for multidisciplinary cooperation in providing SUN services. The AMTF consists of the SUN, the physician clinical director of the SUN program, the addiction medicine physician overseeing outpatient care, the Emergency Department Nursing Supervisor, and the Operations Manager of Population Health.

The SUN interacts with, on average, 40 patients a month and coordinates care for nearly 80 patients a month (July 2022-March 2023 data). Compared to other similarly sized hospitals, Barton OUD services have about 50% more navigator encounters and significantly more buprenorphine treatment. The navigator has been proven to improve treatment retention and follow-up rates in patients with OUD. Through providing SUN services we have also formed a close partnership with our outpatient treatment clinic and the SUN sees patients in the ED, inpatient, and outpatient settings. The SUN is part of a multidisciplinary team that promotes and directs these addiction treatment services in our healthcare system. 586
OUD services at Barton are coordinated by the SUN in the Hospital and Outpatient settings.

Outpatient services at the connected Rural Health Clinic (RHC) or Barton Community Health Center currently provided include addiction medicine clinic visits (staffed by physicians and advanced practice providers as well as an addiction medicine physician), medications for OUD including long acting injectable Buprenorphine/Naltrexone, OUD program specific substance use therapist, infectious disease testing, HIV PreP, Hepatitis C treatment, and naloxone distribution.

In addition to supporting the ongoing above services, Barton’s AMTF is working toward the expansion of them; specific needs at this time include social services expansion with cognitive behavioral therapy for substance use disorders/co-occurring mental health diagnoses, provision of wrap around services, harm reduction durables for circulation/syringe service program and a more succinct local pathway from incarceration to opioid treatment.

Barton's overarching goals are to continue to provide coordinated care for patients through the use of a SUN, rapid access to medications such as buprenorphine, and conjunctive treatment to support treatment and recovery for OUD throughout the local community. This is the only program of this sort in South Lake Tahoe and we are the only facility currently providing OUD treatment services. Funding for these services is needed for continued sustainability and growth. Barton appreciates your review of services and request for funds. 587
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:23
Agenda Item: Ordinance Requiring Good Faith Effort for Local Hiring on Public Works Projects (First Reading)
Executive Summary: At the City Council meeting on April 4, 2023, City Council requested that staff bring back an ordinance to encourage local hiring on public works projects awarded on a lowest responsible bidder basis, and to include consideration of local hiring as one of the criteria for public works projects awarded on a best value basis. The proposed ordinance would establish a good faith effort goal of 15 percent local hiring from the Lake Tahoe Basin portion of El Dorado County.

Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of an Ordinance amending South Lake Tahoe City Code Title 3, Chapter 3.45, Article II (Public Contracts and Uniform Public Construction Cost Accounting Act) to require a good faith effort for local hiring on public works projects, and refer second reading and adoption to the November 21, 2023, meeting.

Responsible Staff Member: Heather Stroud, City Attorney Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01-Staff Report - Local Hire Ordinance.docx
02-Ordinance - Local Hire.docx
03 - Redline Ordinance - Local Hire.pdf
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Council Agenda Report November 7, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Ordinance Requiring Good Faith Effort for Local Hiring on Public Works Projects (First Reading)
Location: Citywide
Responsible Staff Member: Heather Stroud, City Attorney (530) 542-6046 Background: At the City Council meeting on April 4, 2023, City Council requested that staff bring back an ordinance to encourage local hiring on public works projects awarded on a lowest responsible bidder basis, and to include consideration of local hiring as one of the criteria for public works projects awarded on a best value basis.

Issue and Discussion: Local preference requirements for public works contracts are subject to constitutional provisions that generally prohibit discrimination against out-of-area workers. United Building & Construction Trades Council v. City of Camden, 465 U.S. 208 (1984) (invalidating Camden’s local hire requirement). City Council would need to make findings to establish the preference is rationally related to a legitimate governmental interest, for example that local employees are disadvantaged for some reason from being hired.

Staff has researched local hire ordinances implemented by other cities in California and has drafted a recommended ordinance amendment that can be justified by our local conditions. Staff recommends that contractors on public works projects over $200,000 in value be required to make a good faith effort towards a 15 percent local hire threshold. This threshold would be reached where the contractor is able to hire individuals who are residents of the Lake Tahoe Basin portion of El Dorado County in sufficient numbers so that no less than 15 percent of the contractor’s total construction work force, including any subcontractors, measured in labor work hours, are local residents. This provision would apply to contracts awarded on a lowest responsible bidder basis.

For contracts awarded on a best value basis, such as certain design-build contracts, staff recommends that a contractor’s good faith effort to meet the 15-percent local hire threshold be included as one of the evaluation criteria.

The proposed ordinance includes City Council findings that support these provisions, including the seasonably variable unemployment rate in the South Lake Tahoe area because of the prevalence of visitor-serving industries, the need for economic diversification, the relatively high poverty rate in South Lake Tahoe when compared to El Dorado County as a whole, and the geographic isolation of South Lake Tahoe from major employment centers. 589
Council Agenda Report November 7, 2023 Page 2 of 2
Financial Implications: Adding local hire provisions applicable to public works projects could increase the cost these contracts if contractors’ cost of providing services increases and is passed onto the City through higher bids and proposals.

Environmental Considerations: The proposed ordinance is not a “project” subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(2) (general policy and procedure making related to the City’s procurement of public works projects).

Policy Implications: The proposed ordinance is consistent with Priority 4 (Economic Development) of the 2021-2026 Strategic Plan, specifically Priority 4.1 (Economic Diversification Strategy) and Priority 4.3 (Resident Retention and Workforce Development). 590
Ordinance 2023-XXX November 7, 2023 Page 1 of 3
Ordinance 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 21, 2023
An Ordinance Amending South Lake Tahoe City Code Title 3, Chapter 3.45, Article II (Public Contracts and Uniform Public Construction Cost Accounting Act) to Require a Good Faith Effort for Local Hiring on Public Works Projects

FINDINGS
A. On April 4, 2023, City Council received a presentation from staff regarding potential amendments to the Purchasing Ordinance regarding apprenticeship, healthcare, and local hire provisions for public works contracts, at which time City Council directed staff to bring back an ordinance to encourage local hiring on public works projects awarded on a lowest responsible bidder basis, and to include consideration of local hiring as one of the criteria for public works projects awarded on a best value basis.

B. The unemployment rate in the South Lake Tahoe area is affected by seasonal impacts from visitor-serving industries. This points to the need for economic diversification to provide more year-round employment for area residents.

C. The construction industry can provide a family-supporting wage in South Lake Tahoe, where the poverty rate is 15.5 percent, which is significantly higher than the El Dorado County-wide poverty rate of 9.8 percent (Sierra Business Council, Sierra Comprehensive Economic Development Strategy 2018-2022).

D. South Lake Tahoe is geographically isolated from major employment centers such that local construction workers often have to travel to find work, which can have negative impacts on family and quality of life.

E. The purpose of this ordinance is to encourage contractors on larger City of South Lake Tahoe public works projects to hire residents of the South Lake Tahoe area in order to provide job opportunities to local residents and expand and diversify South Lake Tahoe’s employment base.

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

SECTION 1. South Lake Tahoe City Code Section 3.45.120 is hereby amended to read as follows:
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Ordinance 2023-XXX November 7, 2023 Page 2 of 3

3.45.120 Formal competitive bidding.

B. Local Hire. Unless such provision would conflict with a state or federal law or grant requirement applicable to a particular contract for a public project, contracts for public projects subject to formal competitive bidding shall contain provisions requiring the contractor to make a good faith effort to hire individuals who are residents of the Lake Tahoe Basin portion of El Dorado County in sufficient numbers so that no less than 15 percent of the contractor’s total construction work force, including any subcontractor work force, measured in labor work hours, are such residents.

SECTION 2. South Lake Tahoe City Code Section 3.45.165(E) is hereby amended to read as follows:

E. For design-build projects awarded on the basis of best value, proposals shall be evaluated on the basis of price, technical design and construction expertise, life-cycle costs over 15 or more years, and other factors within the city’s discretion that are included in the request for proposals, including whether the design-build entity has made a good faith effort to hire individuals who are residents of the Lake Tahoe Basin portion of El Dorado County in sufficient numbers so that no less than 15 percent of the contractor’s total construction work force, including any subcontractor work force, measured in labor work hours, are such residents. The city may request proposal revisions and hold discussions and negotiations with responsive proposers in accordance with procedures set forth in the request for proposals.

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

SECTION 4. The City Council finds that adoption of the proposed Ordinance is not a project requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) because the Ordinance is general policy and procedure making related to the City’s procurement of public works projects.

SECTION 5. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 6. This Ordinance shall become effective thirty days after the date of its adoption. 592
Ordinance 2023-XXX November 7, 2023 Page 3 of 3
Adopted by the City of South Lake Tahoe City Council on November 21, 2023 by the following vote:

Yes:

No:

Abstain:

Absent:
________________________ Date:_________
Cristi Creegan, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading: November 7, 2023
Published:

Second Reading: November 21, 2023
Effective:

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
593
South Lake Tahoe City Code Page 1/4
Chapter 3.45

PURCHASING
Article II. Public Contracts and the Uniform Public Construction Cost Accounting Act

3.45.100 Requirements for public projects.

Awarding contracts for public projects shall be in accordance with the Uniform Public Construction Cost Accounting Act (the “Act”) (Public Contract Code Section 22000 et seq. or any successor provision thereto) for all public projects except design-build projects under SLTCC 3.45.165 and those in which grant funds require alternate bidding procedures.

3.45.105 Prequalification.

A. The city may require each prospective bidder for a contract to submit a standardized questionnaire and financial statement in the form specified by the director of public works.

B. The city may establish a process for prequalifying prospective bidders on a quarterly basis, and a prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. The director of public works is authorized to establish such a quarterly prequalification process.

C. A prospective bidder may appeal its prequalification rating for a contract to the director of public works in accordance with this subsection and procedures consistent with this section issued by the director of public works.

1. Upon request of the prospective bidder, the director of public works shall provide notification to the prospective bidder in writing of the basis for the prospective bidder’s disqualification and any supporting evidence that has been received from others or adduced as a result of investigation by the city.

2. Prior to the closing time for receipt of bids, the prospective bidder shall provide to the director of public works in writing any rebuttal evidence as to why the prospective bidder should be found qualified.

3. If the prospective bidder does not avail itself of this process, the proposed prequalification rating may be adopted without further proceedings.

3.45.110 Director of public works authority.

A. Public project contracts of $60,000 or less may be executed by the director of public works or his or her designee by force account, negotiated contract, or purchase order. This limit shall be automatically adjusted from time to time to reflect changes in the limits established by the state of California.

B. Public project contracts of $200,000 or less may be executed by the director of public works or his or her designee in accordance with the provisions of this article. This limit shall be automatically adjusted from time to time to reflect changes in the limits established by the state of California.

3.45.120 Formal competitive bidding.

A. Monetary Limit. Public projects of greater than $200,000 shall be bid in accordance with the procedures set forth in Public Contract Code Section 22037 et seq. This limit shall be automatically adjusted from time to time to reflect changes in the limits established by the state of California. 594
South Lake Tahoe City Code Page 2/4
B. Local Hire. Unless such provision would conflict with a state or federal law or grant requirement applicable to a particular contract for a public project, contracts for public projects subject to formal competitive bidding shall contain provisions requiring the contractor to make a good faith effort to hire individuals who are residents of the Lake Tahoe Basin portion of El Dorado County in sufficient numbers so that no less than 15 percent of the contractor’s total construction work force, including any subcontractor work force, measured in labor work hours, are such residents.

3.45.130 Informal bidding.

A. Monetary Limit. Public contracts of $200,000 or less may be let to contract by informal procedures as set forth in this section. This limit shall be automatically adjusted from time to time to reflect changes in the limits established by the state of California.

B. Contractors List. The city shall maintain a contractors list and contractors shall be selected to perform public projects in accordance with the provisions of Public Contract Code Section 22034.

C. Notice Inviting Informal Bids. Not less than 10 calendar days before bids are due, the city will mail notices inviting informal bids to all contractors on the contractors list and/or all trade journals specified in Public Contract Code Section 22034(b).
a. If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission. b. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
c. The notice inviting informal bids shall include specifications that describe the public project with sufficient particularity to allow for competitive bidding and evaluation. The specifications shall also describe the functions and performance that are required.

3.45.140 Waiver of irregularities and rejection of bids.

A. At its discretion, the city may waive any irregularity in any bid received and award the contract.

B. At its discretion, the city may reject all bids presented and may readvertise the project.

C. At its discretion, the city may abandon the project.

3.45.150 Lowest responsible bidder.

Contracts for public projects shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses. In determining the lowest responsible bidder, the following factors may be considered in addition to price:

A. The ability, capacity and skill of the bidder to perform the contract or provide the service required; B. The character, integrity, reputation, judgment, experience, efficiency and performance demonstrated in previous contracts or services for the city;
C. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;
D. The ability of the bidder to provide future maintenance for service for the public project. 595
South Lake Tahoe City Code Page 3/4

3.45.160 Prohibition against splitting projects.

It shall be unlawful to split or separate any public project into smaller work orders or projects for the purpose of circumventing or evading the requirements of the Act.

3.45.165 Design-build contracts.

A. The purpose of this section is to authorize and provide guidelines for the award and use of “design-build contracts,” which means a public project procurement method in which both the design and construction of the project are procured from a single entity, in accordance with Public Contract Code Section 22160 et seq. This section shall be effective until January 1, 2025, unless the authorizing statute is extended, in which case this section shall be effective so long as Public Contract Code Section 22160 et seq. is in effect.

B. Design-build procurement may be used for public projects in excess of $1,000,000 consisting of the construction of a building or buildings and improvements directly related thereto and park and recreational facilities, and may not be used for construction of other infrastructure including, but not limited to, streets and highways.

C. The city shall prepare and issue a request for qualifications to prequalify or short-list the design-build entities. The request for qualifications shall include an identification of basic scope and needs of the project, the expected cost range, the methodology that will be used to evaluate proposals, the procedure for final selection of the design-build entity, technical design and construction expertise, acceptable safety record, and all other nonprice-related factors. The city shall use a standard template request for statements of qualifications that shall require the information from design-build entities required by Public Contract Code Section 22164(b)(3).

D. The city shall issue a request for proposals to prequalified or short-listed design-build entities which sets forth the scope of the project that may include the size, type, and desired design character of the buildings and site and performance specifications. Performance specifications should describe the quality of materials, equipment, and workmanship, preliminary plans or building layouts, and other information deemed necessary to adequately describe the city’s needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California. The request for proposals shall also set forth the estimated price, methodology used to evaluate proposals, and whether the contract will be awarded on the basis of lowest responsible bidder or best value.

F. Any architectural firm, engineering firm, specialty consultant, or individual retained by the city to assist in the development of plans, designs, performance standards, or the request for proposals shall not be eligible to submit a proposal as a design-build entity or join a design-build team.

G. The design-build entity shall provide payment and performance bonds for the project in the form and amount required by the city, and issued by a California-admitted surety. Final design plans shall be signed and sealed by a California-registered professional engineer or architect for the required disciplines. The design-build entity shall provide errors and omissions insurance for the design elements of the project. 596
South Lake Tahoe City Code Page 4/4
H. The city may identify specific types of subcontractors that must be included in the statement of qualifications and proposal. All construction subcontractors identified in the proposal shall be afforded the protections of the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq. Alternatively, if construction subcontractors are not identified in the proposal, the design-build entity shall specify the specific types of subcontractors and construction trades, and following award, for all construction subcontracts with a value exceeding one-half of one percent of the contract price allocated to construction work, the design-build entity shall provide public notice of availability of work to be subcontracted, including a fixed date and time on which qualification statements, bids, or proposals will be due, establish reasonable qualification criteria and standards, and award the subcontract on the basis of either best value or lowest responsible bidder.

3.45.170 Change orders.

The director of public works is delegated authority to approve, without seeking new bids, contract change orders to public projects up to the combined amounts authorized in this chapter so long as the combined amounts are within the approved project budget.

3.45.180 Emergencies.

In cases of emergency, when repair or replacements are necessary, the governing body may proceed to replace or repair any public facility by complying with Public Contract Code Section 22050. 597
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:24
Agenda Item: Mid-Town Area Plan Discussion and Direction Executive Summary: City staff is requesting direction from City Council on the three Options for preparation of the Mid-Town Area Plan.

Requested Action / Suggested Motions: Pass a Motion directing the City Manager to either: (1) bring back a resolution at a future meeting to appropriate funds to complete the Mid-Town Area Plan as initially proposed with the assistance of a consulting team; 2) Limit the Mid-Town Area Plan to only the Bijou/Al Tahoe Community Plan and the Sierra Tract Commercial Plan Area Statement and either (a) prepare a separate Master Plan for Bijou Park and Golf Course; or (b) In lieu of a Master Plan for Bijou Park, prepare a focused Implementation Plan for Bijou Park and Golf Course.

Responsible Staff Member: John Hitchcock, Planning Manager Reviewed and Approved By: Zachary Thomas, Interim Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff_Report_-_Mid-Town_Area_Plan.docx
02-Map Mid-Town Area Plan.pdf
598
City Council Agenda Report November 7, 2023 Page 1 of 5 City of South Lake Tahoe
Report to
City Council
Meeting Date: November 7, 2023
Title: Mid-Town Area Plan Discussion and Direction
Location: Mid-Town (see attachment 02, location map)
Responsible Staff Member: John Hitchcock, Planning Manager (530) 542-7472 Background: The City Council's Strategic Plan Priority 1, Built Environment, Action Item 1.2 is the revitalization of the Mid-Town area. The City is undertaking the development of the MidTown Area Plan to guide future land uses and development to meet the needs of residents, businesses, visitors, and the environment. The Mid-Town Area Plan will leverage the adopted 56- acre master plan and existing infrastructure at Lakeview Commons and Harrison Avenue to further transform mid-town into a recreation, arts, and community hub.

The Strategic Plan directs the City to prepare an Area Plan for the Bijou/Al Tahoe, Sierra Tahoe Commercial, Bijou Community Park, and Bijou Meadow/Golf Course areas. The Mid-Town Area Plan would provide land use guidance for all future redevelopment and development opportunities in the Mid-Town area.

Issue and Discussion: Like past Area Plan planning efforts (i.e., Tourist Core and Tahoe Valley), the Development Service Department initially proposed to prepare the Area Plan primarily with internal staffing and secondary consultant assistance. Funding was allocated in the FY 2022- 2023 Budget to fund a Senior Planner for a two-year term to lead the planning effort. The Senior Planner's responsibility would have been to manage the planning process and public outreach and deliver a Mid-Town Area Plan for the City's Council consideration within the projected timeframe.

The City advertised the Senior Planner position but received no applications. As a result, a decision was made to solicit a full-service consulting firm that could provide planning and environmental services to lead the planning effort, conduct public outreach, and deliver a transformative Mid-Town Area Plan.

On April 4, 2023, City Planning staff brought the Professional Services Agreement and a request for funding appropriation to the City Council for consideration and approval. During deliberation, Council members expressed concerns with the contract cost and inquired about the feasibility of City staff preparing the Area Plan. The ability to prepare the Area Plan internally is feasible if the Development Services Department successfully recruits a Senior Planner with long-range planning expertise. As mentioned above, the Department was not successful in recruiting a Senior Planner, likely due to the limited two-year term. The Council further inquired if there were other planning efforts that the Senior Planner could be assigned if the position was converted to full-time. The Director of Development Services responded that there is an adequate workload to 599
City Council Agenda Report November 7, 2023 Page 2 of 5 support a full-time position. After further deliberations, the City Council directed the City Manager to recruit a full-time Senior Planner.

The City promptly advertised for the position. On July 11, 2023, the City invited seven candidates to participate in an interview. Four candidates were invited back for a second internal interview with the Development Services Department. After conducting the internal interviews, only one candidate was deemed to have the requisite skills, knowledge and experience to fulfill the position. An official offer was made with a projected August 28, 2023 starting date. However, the candidate withdrew their name from consideration due to unforeseen circumstances.

Without any viable candidates for the Senior Planner position, staff is requesting the City Council consider the following options and provide direction to staff to implement the Council's strategic priority for the built environment.

Option 1 Mid-Town Area Plan
Appropriate funds to complete the Mid-Town Area Plan as initially proposed with the assistance of a consulting team. The consultant team would lead the planning effort, including outreach and public engagement efforts, policy and design standard development, develop conceptual land use visions, draft implementation policies, and prepare the environmental analysis. The Planning Manager would manage the contract and the consultant team.

Adopting the Mid-Town Area Plan would provide height, coverage, and density incentives for redeveloping the Mid-Town to meet the needs of residents, businesses, visitors, and the environment. Without adopting a new area plan for the Mid-Town, the applicable standards of the Bijou/Al Tahoe Community Plan, which was adopted in 1995, would continue to apply to any future projects.

Option 2(a) Mid-Town Area Plan Only and Separate Park Master Plan Limit the Mid-Town Area Plan to only the Bijou/Al Tahoe Community Plan and the Sierra Tract Commercial Plan Area Statement. A separate Master Plan would be prepared for the park and the golf course. Although this option would reduce the overall consultant cost for the Mid-Town Area Plan, the cost of conducting a separate planning process for Bijou Park and the Golf Course is unknown at this time. By separating the planning process, the City would also lose the benefit of only preparing one environmental analysis.

In addition, without an area plan for Bijou Park and the Golf Course, the benefits of creating an alternative comprehensive coverage management system for future park and golf course improvements would not be available.

This option will require a revised scope of work and a new cost estimate for the Mid-Town Area Plan.

Option 2(b) Mid-Town Area Plan Only and Focused Park Implementation Plan This option is similar to Option 2(a) above; however, in lieu of a Master Plan, a focused Implementation Plan for Bijou Park and Gold Course would be prepared. The Implementation 600
City Council Agenda Report November 7, 2023 Page 3 of 5 Plan would focus on needed improvements at the golf course and park, alternative parking solutions, and resolving parking conflicts.

A focused Implementation Plan would take less time to prepare than a Master Plan and would likely not require the preparation of an environmental analysis. However, the cost of preparing a plan is unknown at this time.

Similar to Option 2(a), this option would not benefit from specific development incentives provided with the adoption of an area plan.

This option will require a revised scope of work and a new cost estimate for the Mid-Town Area Plan.

The implications of not moving forward with an Area Plan are as follows:
- Height, density, and coverage incentives would not be available. - Beneficial code changes pursued by TRPA would not apply without a Town Center designation, including height, density, parking, and coverage incentives for deed-restricted housing units.
- The applicable standards of the Bijou/Al Tahoe Community Plan would continue to apply.

These standards are over 28 years old and do not reflect current sustainability goals or housing goals to promote more housing options in our town center. This community plan was focused primarily on commercial development, and housing was not a priority. - Any future project not consistent with the standards of the community plan will require a project-specific amendment that TRPA may not support. A general understanding between the City and TRPA was that an Area Plan would be completed to avoid repeated “one-off” amendments.
- The City is also obligated to prepare an Area Plan within four years pursuant to the City and Lake Tahoe Community College (LTTC) agreement when the City loaned 21 residential units of use for constructing onsite deed-restricted student housing. If an Area Plan is not adopted within that timeframe, LTCC is obligated to pay the City the value of the residential units of use.

Option 3 Mid-Town Area Plan
Direct the City Manager to recruit a Senior Planner with the caveat that additional technical assistance from consultants will be required to complete the Mid-Town Area Plan.

Financial Implications: If the Council directs staff to pursue Option 1, the Professional Services Agreement between the City and Design Workshop includes a not to exceed amount of $598,697. In the FY 23/24 budget, the City budgeted $300,000 for the Mid-Town Area Plan in the Professional Services line item in the General Plan account 270-03710-42020, utilizing, for the most part, the accumulated permit maintenance fees revenue. An additional $165,805 allocated 601
City Council Agenda Report November 7, 2023 Page 4 of 5 for the Senior Planner position from the fiscal year 2021/2022 General Fund transfer of $250,000 would be transferred to the Professional Services line item for a total of $465,805. The remainder of the balance of $132,892 would be allocated from the General Plan/Community Plan available fund balance, which has an additional available cash balance of approximately $175,000. If the Council were to select either Option 2(a) or Option 2(b), a revised scope of work and new cost estimate would be required.

Environmental Considerations: Providing direction on whether to prepare an Area Plan is not approval of a project subject to review under CEQA Guidelines section 15352(a) because it does not commit the City to a definite course of action. The Mid-Town Area Plan will be subject to CEQA review and that review is part of the scope of work for this agreement. A programmatic Initial Study and Initial environmental Checklist (IS/IEC) is envisioned to be the appropriate environmental document for evaluation of the Area Plan pursuant to CEQA and TRPA Code of Ordinances and Rules of Procedures. Our approach would integrate area planning and environmental review by considering environmental constraints early in the planning process and incorporating appropriate environmental protection measures and enhancements into the area plan to create a self-mitigating plan to the extent feasible. For purposes of this proposal, it is assumed that all potential environmental impacts of the area plan could be mitigated to less-thansignificant levels and that the IS/IEC would support a Mitigated Negative Declaration (MND) and a Finding of No Significant Effect (FONSE). If the IS/IEC identified the potential for significant and unavoidable impacts, such that an EIR/EIS is required, the approach to preparing an IS/IEC as proposed by the consultant team could be modified.

Policy Implications: Preparing an Area Plan for the Mid-Town is consistent with the following General Plan policies:

Policy LU-1.2 Smart Growth: The City shall implement Smart Growth principles to create walkable, mixed-use centers, compact and complete neighborhoods, and enhanced gateways and places.

Smart Growth Principles include:
- Creating a range of housing opportunities and choices - Creating walkable neighborhoods
- Encouraging community and stakeholder collaboration
- Fostering distinctive, attractive communities with a strong sense of place - Making development decisions predictable, fair, and cost-effective - Providing a mix of land uses
- Preserving open space, natural beauty, and critical environmental areas - Providing a variety of transportation choices
- Strengthening and directing development to existing communities - Taking advantage of compact building design
Policy LU-2.2 Community Plan Preparation, Adoption, and Implementation: The City shall periodically update and implement the four Community Plans as a way ot focus development commodities and revitalization efforts.

Policy LU-2.5 Bijou/Al Tahoe Community Plan Area: The City shall encourage the creation of a viable residential neighborhood with appropriate neighborhood amenities and compatible highquality family-oriented recreation and public facilities, including government offices. 602
City Council Agenda Report November 7, 2023 Page 5 of 5 Policy LU-2.8 Community Plan Incentives: The City shall provide permit streamlining, commodity increases, coverage increases, and other similar incentives to encourage the implementation of General Plan goals and policies.

Policy LU-5.3 Commercial Center Enhancement: The City shall encourage the upgrade and/or expansion of existing commercial centers, including improvements to parking and landscaping areas; redesigns to accommodate bicycle, pedestrians, and transit facilities; and remodeling to include "green" technology and improve energy efficiency.

Policy LU-8.14 Art in Public Places: The City shall promote art in public places such as pedestrian areas, tourist accommodation areas, social gathering places, and commercial shopping centers in conformance with a Cultural Arts Master Plan.

Policy LU-11.2 Equal Public Participation: The City shall ensure that all community residents have meaningful opportunities to participate in the decision-making process. 603
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community

MID-TOWN AREA PLAN BOUNDARY
Sierra Tahoe
Commercial
Bijou/Al Tahoe
Community Plan
Bijou
Community
Park
Bijou
Golf Course
& Meadow
Bijou/Al Tahoe
Community Plan
Bijou/Al Tahoe
Community Plan
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:25
Agenda Item: Revisions to Heavenly Valley Neighborhood Traffic and Parking Plan and Update on Negotiations with Heavenly Resort Related to On-Street Parking Agreement Executive Summary: During the winter of 2022-23, City staff received several complaints and concerns from the residents of the Heavenly Valley neighborhood regarding traffic congestion, overflow parking, illegal parking, and general nuisance in the area during winter periods. Staff organized a public meeting on May 15, 2023, and presented options to the City Council on June 6, 2023, for neighborhood preservations, including reduction of on-street parking in the current Heavenly agreement and restriction of seasonal parking within the Heavenly Valley residential neighborhood with additional No Parking or Residential Parking permit program. On August 8, 2023, the City Council approved No Parking and Residential Parking Zones. Staff has been implementing the approved plan. However, there are minor modifications desired for the No Parking and Residential Parking Zone. In addition, staff has continued to discuss and negotiate with Vail Resorts on the Parking Agreement and will provide an update to the Council regarding the current on-street agreement. This item also provides an option for the City Council to terminate the existing agreement by directing the City Attorney to terminate the agreement with 180- day notice.

Requested Action / Suggested Motions: 1) Pass a Resolution changing no parking and residential parking permit restrictions on sections of Regina Road and Keller Road (replaces Resolution 2023-074); and 2) Pass a Motion directing staff to continue negotiating with Heavenly Resort on amendments to parking agreement and/or provide 180 days' notice to terminate the current parking agreement.

Responsible Staff Member: Anush Nejad, Director of Public Works and David Stevenson, Chief of Police
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff_Report_-_Heavenly_On-Street_Parking_Agreement .docx 02- C-081-2013 Heavenly Parking Agreement
03 - Map of On-Street Parking.pdf
04 - Resolution No Parking Zones (Replaces Reso 2023-074).docx 05 - Heavenly Transit Brochure.pdf
06 - Presentation
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Council Agenda Report November 7, 2023 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Revisions to Heavenly Valley Neighborhood Traffic and Parking Plan and Update on Negotiations with Heavenly Resort Related to On-Street Parking Agreement Location: Heavenly Valley Neighborhood
Responsible Staff Member: Anush Nejad, Director of Public Works - (530) 542-6031, David Stevenson, Chief of Police – (530) 542-6120, Hilary Roverud, Assistant City Manager – (530) 542- 6024
Background: On September 17, 2013, the City entered into an agreement with Heavenly Valley LP (now Heavenly Valley Limited Partnership d/ba/ Heavenly Mountain Resort (Heavenly)) to allow parking on certain roadways near the Heavenly Resort to ease traffic congestion and provide additional parking for employees and tourists. This agreement stipulates that Heavenly can use certain roadways as overflow parking (See Attachment 02). There are additional requirements for snow plowing, sanding, payment of $20,000 annually for using City streets as overflow parking, and payment for sanding recovery by City forces.

During the winter of 2022-23, City staff received several complaints and concerns from the residents of the Heavenly Valley neighborhood regarding traffic congestion, overflow parking, illegal parking, and general nuisance in the area during winter periods. Staff organized a public meeting on May 15, 2023, and presented options to the City Council on June 6, 2023, and August 8, 2023, for neighborhood preservations, including reduction of on-street parking in the current Heavenly agreement and restriction of seasonal parking within the Heavenly Valley residential neighborhood with additional No Parking or Residential Parking permit program. A series of shortterm, mid-term, and long-term solutions were presented, and the City Council passed a motion generally approving these recommendations.

On August 8, 2023, the City Council approved the Seasonal Residential Parking Permit Program (RPPP) and No Parking restrictions along certain roadways in the Heavenly Valley neighborhood and allocated $200,000 to implement the program. The staff has purchased all the necessary materials to implement the parking regulation and has retained a contractor to install the signs.

The goal is to complete all sign installation by mid-November or sooner.

In addition, the City Council directed staff to continue working with Heavenly/Vail Resorts to reach an amenable agreement on the impacts of traffic and parking and fair share cost sharing for Ski Run Boulevard Rehabilitation and on-street parking.

Issue and Discussion:

A. Neighborhood Protection Plan: Since early September, staff has been conducting field reviews and marking the location of the RPPP or Seasonal No Parking in the area. Staff has realized that the short segment on Regina Road between Ski Run Blvd and dead-end was not included 606
Council Agenda Report November 7, 2023 Page 2 of 3
in the original Resolution 2023-074, adopted by the City Council. In addition, staff has received comments regarding Keller Road from Sherman Way to Saddle Road, with No Parking on both sides. There is sufficient room to allow a Residential Parking Zone in this area. Therefore, the staff recommends adopting the attached Resolution (Attachment 02) to amend Resolution 2023-074. In addition, staff may bring additional modifications, if warranted, as we install all the signs and evaluate the parking restrictions this winter season.

B. Agreement with Heavenly/Vail Resorts: To address the resident’s concerns and issues raised by the public, staff has continued to meet and negotiate with Heavenly staff. There is a complementary effort regarding annexation that should be considered as the Council evaluates amendments to the parking agreement.

Staff has met with Tom Fortune and Brian Bigley on several occasions over the past 8 months.

The following is a summary of the parking contribution and transit support services proposed by Heavenly, based on verbal discussion with Brian Bigley:
• Planning to add five new shuttles for a total of 19 for transit service. • Planning to increase the frequency of Kingsbury Grade transit service from every two hours to every hour.
• Will dedicate two shuttles to Ski Run (California Lodge Route) on parking reservation days.
• Will run an employee shuttle from "Y" (to Cal Lodge in coordination with TTD). (No additional parking at Y – Drop off or walk to transit). • Will be supporting one additional Lake Link Shuttle. They will support a total of two. • Heavenly is coordinating with TTD to add "Heavenly Parking Signs" at transit stops, which will be serviced by Heavenly Shuttle.
• Will reverse the shuttle route at 2 PM at the Pizza Hut location to better connect with TTD service at the end of the day.
• Will add a new website (ParkHeavenly.com) to inform the public where to get the shuttle.
• Will dedicate two motor coaches for the MLK Holiday, which is their peak holiday. • Heavenly is in discussion with Lake Tahoe Community College for MLK Holiday parking.
• During the Gondola closure, Heavenly will add a shuttle service for Ski School reservations only to reduce the need for auto travel.
• Heavenly has indicated that the proposed transit expansion cost will exceed the revenue that will be generated by the parking reservation system but cannot share the cost of additional transit or projected revenues from the reservation system.

See Attachment 05 – Heavenly Transit Brochure.

In addition, Heavenly is proposing the following financial and support services to the City for this winter, to be included in an amendment to the 2013 parking agreement:
• Fair Share Cost of Pavement Rehab on Ski Run. The city estimated that 42% of trips on Ski Run are associated with Heavenly. The city estimate was based on the number of trips to Cal Lodge vs. the number of local traffic trips. Heavenly has calculated a higher percentage for five months of winter plus a much lower percentage during the 607
Council Agenda Report November 7, 2023 Page 3 of 3
remainder of the year. Therefore, Heavenly's nexus calculation is 20.6% or $106,382 for the Ski Run Pavement Rehabilitation share (Staff recommendation was $217,222). • Value of Parking. The City estimated the value based on 40 days of overflow parking, 100% occupancy, and $10/day (based on Bellamy Court parking fee). Heavenly has calculated this cost at 45% occupancy based on averages with a total value of $69,840.

Heavenly also estimated a deductive cost of snow operations at $15,580 for a net value of $54,320, a 172% increase from the current agreement. (Staff recommendation was $155,200).
• Heavenly has committed to bringing and deploying two portable CMS signs. (Staff recommendation was three CMS signs).
• Heavenly will provide personnel support for the approved chain control program. • Heavenly will provide personnel support to help manage street parking • Heavenly has committed to plowing the following roads: Ski Run Blvd, Wildwood, and Needle Peak. They will also plow Saddle Road, Keller Road, and Upper Keller Road on days street parking will be utilized. The areas of proposed revised on-street parking are shown in Attachment 03.

Instead of or in addition to continuing to work towards an amended parking agreement, the Council may direct staff to terminate the current agreement by providing a 180-day notice of termination, which would be effective for the 2024-25 ski season.

Financial Implications: The budget for No Parking and RPPP has been approved by the City Council, and there are no financial impacts due to these actions.

Environmental Considerations: The actions proposed in this item are exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 (Existing Facilities).

Policy Implications: This project advances the City Council's Strategic Priorities and Goals related to traffic safety and neighborhood preservation. 608
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Woodbine Rd
Pickett Ave
Primrose Rd
David Ln
Long Valley Ave
Fern Rd
Rocky Point
Rd
Bowers Ave
Freel St
Lake
Rd
Spruce Ave
Oak Ave
Cape Horn Rd
Glen
Rd
Marlette Cir
Steven Ln
Takela Dr
Aspenwald Rd
Herbert
Ave
Midway
Rd
Glenwood Way
Juniper
Ave
Woodland Rd
Wildwood Ave
Walkup Rd
Ham Ln
Be
yRae Ln
Rancho Cir
Bobby Grey Cir
Shepherds Dr
Pine Grove Ave
Vanda Lee Way
Gilmore Lake Rd
Jobs Peak Dr
Sonora Ave
Heavenly Valley Rd
Bridle Rd
Dot St
Deer Park Ave
Paradise Ave
Needle Peak Rd
Saddle Rd
Blackwood Rd
June Way
Pine Hill Rd
OverlookCt
Azure Ave
Moss Rd
Echo Rd
Lucinda Ct
Ledge
Ct
HeavensTrail
Warr Rd
Lost Sheep Ln
Cellador Rd
Lloyd Ave
Ch mpla
Elva
Ct
Craig Ave
Brian Ln
Ferndale Ave
Cloverdale Ave
Price Rd
Nebelhorn Ct
Frontier Ct
Ash Ave
Fir Ave
Deer Ln
Rancho Way
Bijou St
Keller Rd
Bill Ave
Dick Lake Rd
Donner Ln
Figueroa Ln
Fawn Way
Woods Ave
Stewart Way
Osgood Ave
Alder Ave
Heather Lake Rd
Mt Rose Rd
Pinecrest Ave
Forest Ave
Peninsu
Larch Ave
Aspen Ave
Birch Ave
Mono Ln
Willow Ave
Markofer Way
Lester St
Crest Rd
Terry Ln
Shirley Ave
Bal Bijou
Rd
Knoll Ln
Red Lake Rd
Bonita
Rd
Pentagon Rd
Ruby Ln
Mackedie Way
Sherman Way
Pine Rd
Susie Lake Rd
Verdon Ln Aloha Rd
TerraceDr
Hobart Rd
Regina Rd
Angora
Lake
Rd
Timber
Ln
Keller Rd
Herb rt Ave
Fairway Ave
Treehaven Dr
Chonokis Rd
Wildwood Ave
Montreal Rd
Johnson Blvd
Tamarack Ave
Glenwood Way
Fairway Dr
Blackwood Rd
Ski Run Blvd
Needle Peak Rd
Wildwood Ave
Pioneer Trl
Saddle Rd
50 Saddle Rd
Needle Peak Rd
Keller Rd
Ski Run Blvd
Ski Run Blvd
50 Heavenly Cal Base Parking Plan
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Resolution 2023-XXX November 7, 2023 Page 1 of 3
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 7, 2023
Establishing Seasonal or Permanent No Parking Restrictions on Certain Streets in the Heavenly Valley Neighborhoods
(Replaces Resolution 2023-074)

BACKGROUND
A. As part of the ongoing effort to improve parking and traffic conditions in the Heavenly Valley neighborhoods, especially during winter conditions and the Heavenly ski season, the Public Works Director/City Traffic Engineer recommends establishing certain residential streets as no parking areas or Residential Parking Permit (RPP) from November 1 to May 1.

B. Under South Lake Tahoe City Code section 4.25.300(C) and California Vehicle Code section 22507(a), the City Council is authorized to establish no parking areas by resolution and enforce the no parking areas once appropriate signage is installed.

C. On September 15, 2023, City Council adopted Ordinance No. 2023-1178 to authorize residential permit parking under California Vehicle Code section 22507(a), which the Public Works Director has determined is appropriate for this area because non-resident vehicles do substantially and regularly interfere with the use of the majority of the available on-street spaces by adjacent residents; this interference occurs at regular and significant daily or weekly intervals; the volume of non-resident vehicles in these certain areas cause unreasonable traffic hazards, noise, and trash impacts; a shortage of reasonably available and convenient residential related parking spaces exist in these areas; and alternative solutions are not feasible or practical..

D. On August 8, 2023, the City Council adopted Resolution 2023-074, establishing No Parking and Residential Parking Permits on Certain Roadways in Heavenly Valley Neighborhood.

E. As a result of further field evaluation and feedback from residents, staff recommends adopting this amended resolution changing modifications on sections of Regina Road and Keller Road, with modifications underlined, to replace Resolution No. 2023-074. 619
Resolution 2023-XXX November 7, 2023 Page 2 of 3
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Establishes no parking areas from November 1 to May 1, or maintains permanent no parking areas where such areas already exist, with Residential Permit Parking permitted where noted, on the following streets and segments of streets:
a. Bridle Road (RPP on the northerly side and No Parking on southerly side) b. Bonita Road (No Parking on the northerly side and RPP on the southerly side) c. Donner Lane (RPP on the westerly side and No Parking on the easterly side) d. Keller Road from intersection with Sherman Way to intersection with Saddle Road (No Parking on easterly side and southerly side)
e. Keller Road from intersection with Saddle Road to intersection with Regina (RPP on northerly side (450 feet west of Saddle) and No Parking on southerly side) f. Keller Road from intersection with Regina Road to intersection with Markoffer Way (No Parking both sides) and from the intersection with Sherman Way to the intersection with Saddle Road (No Parking on the westerly side and RPP on the easterly side)
g. Knoll Lane (RPP on easterly side and No Parking on westerly side) h. Logroad Place (No Parking both sides)
i. Lucinda Court (RPP on westerly side and No Parking on easterly side) j. June Way (No Parking both sides)
k. MacKedie Way (No Parking both sides)
l. Needle Peak Road from intersection with Keller Road to intersection with Wildwood Avenue (RPP on southerly side and No Parking on northerly side) m. Overlook Court (No Parking both sides)
n. Regina Road from the intersection with Ski Run Blvd to Keller Road (RPP on the easterly side and No Parking on the westerly side)
o. Saddle Road from intersection of Saddle to Keller Road (No Parking both sides) p. Saddle Road from intersection of Keller Road to Wildwood Avenue (No Parking both sides)
q. Saddle Road from intersection of Wildwood Avenue to Ski Run Blvd (No Parking on southerly side)
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Resolution 2023-XXX November 7, 2023 Page 3 of 3
r. Saddle Road from intersection of Ski Run Blvd to end (No Parking both sides) s. Sherman Way (No Parking both sides)
t. Ski Run Boulevard from intersection of Pioneer Trail to David Lane (No Parking both sides)
u. Ski Run Boulevard from intersection of MacKedie Way to intersection of Saddle Road (No Parking both sides)
v. Timber Lake Place (No Parking both sides)
w. Terrace Drive (No Parking both sides)
x. Wildwood Avenue from intersection with Saddle Road to intersection with Overlook Court (No Parking both sides)
y. Wildwood Road (No Parking both sides)
z. Woods Avenue (No Parking both sides)
a.a. Verdon Lane (RPP on the westerly side and No Parking on the easterly side)

2. Amends the Master Fee Schedule to add a Parking Citation fine of $300 for parking in one of the no parking areas or parking in one of the RPP areas without a permit, as listed in this Resolution.

Adopted by the City of South Lake Tahoe City Council on November 7, 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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Nevada Map

TRANSPORTATION SERVICES
22-23 SEASON

CALIFORNIA ROUTE
• Runs between California Base Area &
Stateline Transit Center
14 SHUTTLES SERVICING

NEVADA ROUTE
• Runs between Boulder Base Area &
Stagecoach Base Area

KINGSBURY ROUTE
• Runs between Stateline Transit Center &
both Nevada Bases

LAKELAND ROUTE
• Runs between between Lakeland Village
& California Base Area
• Only available to Lakeland Village guests
California
Base Area

ROUTE DIRECTION
* Transportation Feedback Survey offered to all
riders in each shuttle via QR Code
California Map
Heavenly
Village
Boulder
Base
Stagecoach Base

TRANSIT PARTNERS
TTD Lake Link
622

TRANSPORTATION SERVICE
CHANGES FOR 23-24 SEASON

CALIFORNIA ROUTE / SKI & RIDE SCHOOL
• Route will alter direction after 1 pm to provide easier access to TTD shuttles
• A shuttle will be provided to Ski & Ride School students on select days
19 SHUTTLES SERVICING

NEVADA ROUTE

KINGSBURY ROUTE
• More frequent service, operating at 1 hour intervals

SKI RUN ROUTE
• Runs between Ski Run Blvd Offsite Parking & California Base Area
• Operates beginning at 7:30 am on reservation required days

EMPLOYEE ROUTE
• Employee shuttles runs between “Y” Transit Center &
California Base Area once daily, departing at 6:50 am
• Alternative to TTD Route 50 for employees working
at California Base Area
ROUTE

DIRECTION
California
Base Area
California Map
Heavenly
Village
Nevada Map
Boulder
Base
Stagecoach Base

REVERSED

DIRECTION
623

ADDITIONAL INFORMATION
FOR 23-24 SEASON
Route schedules, stop locations, and other transit-related details subject to weather, guest volume, and traffic Upgrades &
Improvements
$100k contribution to Lake Link to operate 2 additional shuttles during peak winter hours
HEAVENLY Additional identifying signage at all Heavenly-serviced shuttle stops More visible Heavenly identication on shuttles
New parking & transportation focused website: ParkHeavenly.com Heavenly shuttle routes visible on Google Maps Transit View 2 additional charter shuttles in service Jan 14th (MLK Sunday) Working with local partners to utilize existing parking areas for skier use Tripled the size of our in-house CDL training program
Text alerts available for real time transit updates
Heavenly Transit
Information & Links
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City Council
November 7, 2023
Heavenly Agreement
625
Transit Service Enhancement
• Adding five new shuttles for a total of 19 for transit service • Increasing the frequency of Kingsbury Grade transit service from every two hours to every hour
• Dedicating two shuttles to Ski-Run (California Lodge Route) on parking reservation days • Run an employee shuttle from "Y" (to Cal Lodge in coordination with TTD). (No additional parking at Y – Drop off or walk to transit)
• Supporting one additional Lakelink Shuttle. They will support a total of two. • Coordinating with TTD to add "Heavenly Parking Signs" at transit stops, which will be serviced by Heavenly Shuttle
• Reversing the shuttle route at 2 PM at the Pizza Hut location to better connect with TTD service at the end of the day.
• New website (ParkHeavenly.com) to inform the public where to get the shuttle • Dedicating two motor coaches for the MLK Holiday, which is their peak holiday • In discussion with the LT College for MLK Holiday parking • During the Gondola Closure, Heavenly will add a shuttle service for Ski-School reservations only to reduce the need for auto travel
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Other Provisions of Agreement
• Fair Share Cost of Pavement Rehab on Ski Run. Heavenly's nexus calculation is 20.6% or $106,382 for the Ski Run Pavement Rehabilitation share (Staff recommendation was $217,222).
• Value of Parking. Heavenly has calculated this cost at 45% occupancy based on averages with a total value of $69,840. Heavenly also estimated a deductive cost of snow operations at $15,580 for a net value of $54,320, a 172% increase from the current agreement. (Staff recommendation was $155,200).
• Heavenly has committed to bringing and deploying two portable CMS signs. (Staff recommendation was three CMS signs).
• Heavenly will provide personnel support for the approved Chain of Control program. • Heavenly will provide personnel support to help manage Street Parking • Heavenly has committed to plowing the following roads: Ski Run Blvd, Wildwood, and Needle Peak. They will also plow Saddle Road, Keller Road, and Upper Keller Road on days street parking will be utilized.
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Questions ? Thank you!
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:26
Agenda Item: Update on Annexation of Heavenly Area and Fiscal Impact Analysis Executive Summary: Staff is requesting direction from Council to expand the annexation area around Heavenly to include the USFS parcels where Heavenly operates and other parcels between that area and the Nevada state line. DTA has prepared an updated Fiscal Impact Analysis that shows that the tax revenue from the expanded annexation scenario would fund necessary City services.

Requested Action / Suggested Motions: Pass a Motion Directing the City Manager and City Attorney to prepare an application to El Dorado Local Agency Formation Commission for an expanded annexation area in the Heavenly Area.

Responsible Staff Member: Joseph Irvin, City Manager Heather Stroud, City Attorney Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01 - Staff_Report_Annexation_Update.docx
02 - FIA Memo for Expanded Heavenly and Cleanup.pdf
03 - FIA Memo for 6 Scenarios.pdf
04 - Letter to Vail Requesting Annexation Support.pdf
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Council Agenda Report – November 7, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Update on Annexation of Heavenly Area and Fiscal Impact Analysis Location: Portions of Unincorporated El Dorado County in the Lake Tahoe Basin Responsible Staff Members: Joseph D. Irvin, City Manager (530) 542-6043 Heather L. Stroud, City Attorney (530) 542-6046
Background: In September 2022, consistent with the City Council's 2021-2026 Strategic Plan, staff initiated a study to evaluate whether to pursue annexation of some or all of unincorporated El Dorado County in the Lake Tahoe Basin. DTA, a public finance consulting firm hired by the City, prepared a Fiscal Impact Analysis analyzing property tax and sales tax revenues that could be potentially generated in each of five annexation scenarios and the cost to provide public safety and public works services in each scenario. On June 6, 2023, City Council received a presentation on the Fiscal Impact Analysis and directed the City Manager and City Attorney to pursue annexation of two of the areas: the Heavenly Annexation Scenario encompassing the California base lodge area of the Heavenly Resorts and Cleanup Annexation Scenario including the area generally comprising the Tahoe Valley Campground and Upper Truckee Marsh.

Since then, staff has been working on the application materials to submit to the El Dorado Local Agency Formation Commission (LAFCO), including pre-zoning, environmental review and tribal consultation, and developing a Plan of Service for the potential annexation areas. At this time, staff recommends expanding the Heavenly Annexation Scenario to include the US Forest Service (USFS) parcels that are used for Heavenly’s operations and the parcels in between the Heavenly Resort area and the Nevada state line. An updated Fiscal Impact Analysis including these additional parcels is attached.

Issue and Discussion:

City staff has been unable to ascertain whether the point of sale is recorded for Heavenly’s operations on USFS property at the California Base Lodge or elsewhere. For this reason, staff recommends expanding the annexation area to include the 12 USFS parcels where Heavenly operates. This would ensure that the city captures tax revenue for the area congruent with the services largely already being provided by the City to the Heavenly California Base Lodge area.

After conferring with El Dorado LAFCO staff, it is also recommended to include the 16 parcels between that area and the Nevada state line for the purpose of good governance, specifically to avoid creating a stranded area within unincorporated El Dorado County. These 16 parcels include the California side of Van Sickle Bi-State Park, which is owned by the State of California, some additional USFS parcels, parcels owned by the South Tahoe Public Utilities District, and six parcels in private ownership.

DTA has prepared an updated Fiscal Impact Analysis memorandum that covers this expanded Heavenly Annexation Scenario and the Cleanup Annexation Scenario. The updated memorandum 634
Council Agenda Report – November 7, 2023 Page 2 of 2
indicates that the tax revenue from the expanded Heavenly Annexation Scenario would fund necessary City services and the same is true when combined with the Cleanup Annexation Scenario. Based on Council request from the meeting on June 6, DTA has also updated the Fiscal Impact Analysis memorandum covering the larger annexation analysis of areas not being pursued at this time to add a “Basin South Annexation Scenario” that adds all the unincorporated territory in El Dorado County except the portion north of the gate at Emerald Bay. The analysis shows that this alternative would create the largest fiscal deficit of all six scenarios (see Table 17).

On September 28, 2023, the City Manager sent a letter to Tom Fortune, Heavenly Resorts VP/COO for the Heavenly and Tahoe Region, requesting a letter of support for the forthcoming annexation application to El Dorado LAFCO, but has yet to receive a written response. Productive discussions, however, are ongoing.

If City Council authorizes expansion of the Heavenly Annexation Scenario, staff will continue outreach with affected property owners, update the tribal consultation, finalize pre-zoning, and work with DTA to finalize the Plan of Service for this area to submit to El Dorado LAFCO with our application. Staff anticipates that the Cleanup Annexation Scenario application will be ready to submit in the first quarter of 2024, and the Heavenly Annexation Scenario application will be ready to submit in the first quarter of 2024 as well.

Financial Implications:

None associated with this item at this time. It is important to note that the expanded Heavenly Annexation Scenario and Cleanup Annexation Scenario based on the revenue and expenditure assumptions will not negatively impact the City’s budget.

Environmental Considerations:

This action is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15319 (Annexation of Existing Facilities and Lots for Exempt Facilities) because the annexation areas include existing public and private structures developed to a density allowed by the current zoning and pre-zoning.

Policy Implications:

The annexation study is consistent with Priority 5 “High Performing Government and Core Services” of the City’s 2023-2028 Strategic Plan to specifically analyze the desirability and feasibility of annexation of certain unincorporated areas of El Dorado County into the City. 635
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SUMMARY MEMORANDUM
October 16, 2023
To: Joseph Irvin and Heather Stroud, City of South Lake Tahoe From: Kuda Wekwete, Jerry Wen, and Graeme Fraser, DTA
Subject: Potential Fiscal Impacts to the City of South Lake Tahoe Resulting from the Proposed Land Annexations
The objective of this Executive Summary of a Fiscal Impact Analysis (the “FIA”) is to analyze the incremental net fiscal impact on the City of South Lake Tahoe (the “City”) upon annexing two territories of land (the “Annexation Areas”) within the Unincorporated County of El Dorado (the “County”). Specifically, the intent of this memorandum is to evaluate the projected fiscal impact of annexing each Annexation Area to the City by comparing the property tax and sales tax revenues that could be potentially generated by such Annexation Area against the costs to provide public safety and public work services therein.

A Description of Proposed Annexation Areas
As illustrated in Figure 1, the City is currently contemplating the annexation of the Heavenly Parcels, encompassing the California area of the Heavenly Resorts, and Cleanup Parcels, comprising generally the Tahoe Valley Campground and Upper Truckee Marsh, to create logical extensions of its boundaries.

Figure 1: Map for the Annexation Areas
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2 City of South Lake Tahoe October 16, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexations Current parcel characteristics and demographic data for the Annexation Areas are listed in Table 1. Note, the City provides the estimated residential population for each Annexation Area. In addition, DTA utilizes the 2023 Employment Profiles by NAICS Codes reports, produced by Environics Analytics (“EA”), to identify the number of employees working within each Annexation Area.

Table 1: Parcel Characteristics and Demographic Data for Annexation Areas Annexation
Area
Gross
Acres
Number of
Parcels
Residential
Population Employees
Heavenly 2,860.27 31 0 1,771
Cleanup 378.05 87 125 10
B Property Tax Analytic Methodology and Assumptions
Property tax revenues are specifically based on the City’s estimated share of the general 1% ad valorem property tax levy. For the purpose of this analysis and at the direction of the City staff, it is assumed that the City General Fund will receive 50% of the 1% ad valorem property tax levy allocable to the County General Fund, net of the projected Education Revenue Augmentation Fund (“ERAF”) property tax shifts, upon the annexation of each Annexation Area to the City. Notably, the 1% ad valorem property tax revenues for each Annexation Area are estimated based on the Fiscal Year (“FY”) 2021-22 basic 1% [Proposition (“Prop”) 13] property tax from Tax Rate Areas (“TRAs”) encompassing such Annexation Area and the FY 2022-23 taxable valuation of corresponding TRAs, per the County Auditor’s Office.

The passage of Proposition 1A in California in 2004 enacted a constitutional amendment that introduced a new methodology to calculate Property Taxes in Lieu of Vehicle License Fees (“VLFs”). Per California Revenue and Taxation Code §97.70, the amount of Property Taxes in Lieu of VLFs now grows in proportion to the growth rate of gross assessed valuation in a city or county. Property Taxes in Lieu of VLF revenues are projected to grow with the change in the Citywide gross assessed valuation of taxable property from the prior FY.

Property Taxes in Lieu of VLF revenues constitute an addition to other property tax apportionments and were calculated for the purposes of this analysis at $0.41 per $1,000 increase in assessed valuation on a Citywide basis. Table 2 presents the details regarding the Property Taxes in Lieu of VLF assumptions utilized in the Tax Revenue Analysis.

Table 2: Property Taxes in Lieu of VLF Assumptions
Description Assumptions
City – Total Assessed Value (FY 2022-23) $6,116,335,132 City – VLF Property Tax Revenues (FY 2022-23) $2,515,000 VLF Property Tax In-Lieu per $1,000 Assessed Value $0.41 C Direct Sales Tax Analytic Methodology and Assumptions DTA utilizes the Retail Market Power® Retail Stores Opportunity Gap analysis (the “Retail Report”), produced by EA, to identify retail supply characteristics of trade areas representing the Annexation Areas. As illustrated in Table 3, EA derives the estimated supply of retail goods currently available within such trade area, which serves as the basis for the taxable retail sales receipts for each Annexation Area.
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Potential Fiscal Impact to the City Resulting from the Proposed Land Annexations Table 3: Projected Taxable Sales Receipts for Annexation Areas Annexation Area Projected Taxable Sales Receipts
Heavenly $3,133,442
Cleanup $169,328
Notably, there are certain limitations to the Retail Report when a trade area being analyzed is comprised of dispersed retail establishments such as the Heavenly Parcels. Although restaurants and retail shops within the Heavenly Parcels are seasonal in nature, it is anticipated that the annual sales of such store types would exceed the current estimated taxable sales receipts of $3.1 million. For illustrative and comparative purposes, the average 2022 sales revenue for a Chipotle Mexican Grill restaurant is $2.8 million. Given the higher price points for restaurants in the Heavenly Parcels and a substantial number of visitors during the peak season, it is safe to assume that the annual sales revenue of restaurants alone will be greater than 11% of the revenue of a typical Chipotle Mexican Grill store. Notwithstanding the foregoing, the sales tax projection for the Heavenly Parcels is conservatively based on the taxable sales receipts of $3.1 million.

The City currently receives 2.50% of taxable sales receipts, which include a 1.00% sales tax established by Municipal Code §3.10.050, the Measure Q sales tax, a 0.50% voter-approved sales tax, and the Measure S sales tax, a 1.00% voter-approved sales tax. For the purpose of this analysis and at the direction of the City staff, it is assumed that the City will receive 100% of applicable sales taxes upon the annexation of each Annexation Area to the City.

The foregoing Persons Served population estimate requires an additional adjustment to account for the fact that the City is already providing road maintenance and snow plowing services to the Heavenly Parcels and Cleanup Parcels due to the immediate proximity and geography. Furthermore, under current cooperative arrangements between the City Fire Department, County Fire Protection District, and Lake Valley Fire Department, the City Fire Department is the first responder for non-forest fire incidents3 to the Heavenly Parcels and
Cleanup Parcels. Hence, DTA revised the estimated Persons Served population from 30,171 to 31,187 to account for 125 residents and 50% of 1,781 employees working within those areas. 1 Source: California Department of Finance, Housing and Population Information, January 1, 2022. 2 Source: EA, EmploymentProfiles by NAICS Codes 2023 for the City of South Lake Tahoe. 3 The California Department of Forestry and Fire Protection will respond to the forest fire incidents. 638
4 City of South Lake Tahoe October 16, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexations Table 4 presents the calculation of the gross marginal increase in public safety and public work expenditures on a per Person Served basis.

As detailed later in Sections E and F, the City is already providing the majority of the public safety and public work services to the Heavenly Parcels and Cleanup Parcels, which are the only areas with a significant number of visitors. Therefore, the cost parameters listed in Table 4 reflect the public safety and public work expenditures required to meet the service demands generated by the visitors to the Heavenly Parcels and Cleanup Parcels, and would necessitate an incremental increase to the City’s current public safety and public works expenditures once the City becomes the official provider of those services after the annexation.

The City’s public safety and public work expenditures are not expected to increase on a one-to-one basis with the annexation of each Annexation Area. To project these numbers without any adjustment would result in inaccurate conclusions. In order to accurately reflect the estimated ratio of fixed costs to variable costs, DTA applied a series of discount rates to those expenditures with consideration of circumstances applicable to each Annexation Area upon its annexation to the City.
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5 City of South Lake Tahoe October 16, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexations E Proposed Annexation of Heavenly Parcels
As illustrated in Figure 2 and presented in Attachment 1, the proposed annexation of the Heavenly Parcels is comprised of one TRA and encompasses approximately 2,860.27 gross acres of land within the unincorporated County, with 137.28 acres of land owned by private entities and 2,722.99 acres of land owned by public agencies and/or tax-exempt entities.

Figure 2: Map for the Heavenly Parcels
As listed in Table 5, the annexation of the Heavenly Parcels is anticipated to generate $148,081 in the estimated tax revenues upon its annexation to the City. A detailed explanation of these calculations is presented in Attachment 1.

Table 5: Projected Tax Revenues Upon Annexation of the Heavenly Parcels Estimated Property Tax Revenues Total Estimated
Sales Tax
Revenues
Total Estimated
Tax Revenues 1% Ad Valorem
Property Tax
Property Taxes in
Lieu of VLF
$50,068 $19,676 $78,336 $148,081
As detailed in Section D, the annexation of the Heavenly Parcels is anticipated to incur de minimis incremental increase in the City’s fire and public work expenditures upon its annexation, as the City is already providing those services to the Heavenly Parcels. The County Sheriff currently handles service calls to the Heavenly Parcels, with the City Police providing supplementary support. Although the City Police Department would become the primary agency for calls to the Heavenly Parcels upon its annexation, the County Sheriff is expected to reciprocate the supplementary support that it currently receives for the Heavenly Parcels. Hence, the City Police is not anticipated to need additional officers or 640
6 City of South Lake Tahoe October 16, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexations staff to provide service to the Heavenly Parcels. To reflect the minimum expected increase in the ratio of variable costs to fixed costs, DTA applied a 75% discount to the gross City police cost multiplier of $438.30. As illustrated in Table 6, the annexation of Heavenly Parcels is anticipated to incur $97,083 in the estimated public safety and public work expenditures upon its annexation to the City.

Table 6: Projected Incremental Service Expenditures Upon Annexation of the Heavenly Parcels Residential
Population Employees
Persons
Served
Population1
Marginal Cost Increase per Person Served Total Estimated Incremental
Service
Expenditures
Police Fire Public
Work Total
0 1,771 886 $109.58 $0.00 $0.00 $109.58 $97,083
Note:

1. Comprises all residents and 50% of the employees.

Based on the estimated tax revenues listed in Table 5 and the estimated public safety and public work expenditures presented in Table 6, the annexation of the Heavenly Parcels is projected to generate $50,998 in annual fiscal surplus based on these selected fiscal revenues and expenditures.

F Proposed Annexation of Cleanup Parcels
As illustrated in Figure 3 and presented in Attachment 2, the proposed annexation of the Cleanup Parcels is comprised of two TRAs and encompasses approximately 378.05 gross acres of land within the unincorporated County, with 87.40 acres of land owned by private entities and 290.65 acres of land owned by public agencies and/or tax-exempt entities.

Figure 3: Map for the Cleanup Parcels
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7 City of South Lake Tahoe October 16, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexations As listed in Table 7, the annexation of the Cleanup Parcels is anticipated to generate $12,694 in the estimated tax revenues upon its annexation to the City. A detailed explanation of these calculations is presented in Attachment 2.

Table 7: Projected Tax Revenues Upon Annexation of the Cleanup Parcels Estimated Property Tax Revenues Total Estimated
Sales Tax
Revenues
Total Estimated
Tax Revenues 1% Ad Valorem
Property Tax
Property Taxes in
Lieu of VLF
$6,115 $2,346 $4,233 $12,694
As detailed in Section D, the annexation of the Cleanup Parcels is anticipated to incur de minimis incremental increase in the City’s fire and public work expenditures upon its annexation, as the City is already providing those services to the Cleanup Parcels. Since the Cleanup Parcels are primarily comprised of the Tahoe Valley Campground and Upper Truckee Marsh, the City Police does not expect to receive frequent service calls to those areas. Hence, DTA applied a 50% discount to the gross City police cost multiplier of $438.30.

As illustrated in Table 8, the annexation of the Cleanup Parcels is anticipated to incur $28,490 in the estimated public safety and public work expenditures upon its annexation to the City.

Table 8: Projected Incremental Service Expenditures Upon Annexation of the Cleanup Parcels Residential
Population Employees
Persons
Served
Population1
Marginal Cost Increase per Person Served Total Estimated Incremental
Service
Expenditures
Police Fire Public
Work Total
125 10 130 $219.15 $0.00 $0.00 $219.15 $28,490
Note:

1. Comprises all residents and 50% of the employees.

Based on the estimated tax revenues listed in Table 7 and the estimated public safety and public work expenditures presented in Table 8, the annexation of the Cleanup Parcels is projected to incur $15,796 in annual fiscal deficit based on these selected fiscal revenues and expenditures.
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Potential Fiscal Impact to the City Resulting from the Proposed Land Annexations G Fiscal Impact Conclusion Summary for Proposed Annexations The projected fiscal impact for each Annexation Area upon its annexation to the City is summarized in Table 9. As shown in Table 9, the annexation of both Heavenly Parcels and Cleanup Parcels is projected to generate $35,202 in annual fiscal surplus to the City.

Table 9: Summary of Projected Annual Fiscal Impact for Annexation of Annexation Areas Annexation
Area
Gross
Acres
Persons
Served
Population
Estimated
Annual Tax
Revenues
Estimated
Annual
Service
Expenditures
Projected
Annual Fiscal
Surplus/
(Deficit)
Heavenly 2,860.27 886 $148,081 $97,083 $50,998
Cleanup 378.05 130 $12,694 $28,490 ($15,796)
Total 3,238.32 1,016 $160,775 $125,573 $35,202
If you have any further questions regarding this Executive Summary, please feel free to contact Kuda Wekwete or Jerry Wen at (800) 969-4DTA.

Enclosures:

1. Attachment 1 – Proposed Heavenly Parcels Annexation

2. Attachment 2 – Proposed Cleanup Parcels Annexation
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ATTACHMENT 1
City of South Lake Tahoe
Potential Property Tax and Sales Tax Revenues Resulting from the Proposed Land Annexations

PROPOSED HEAVENLY

PARCELS ANNEXATION

644
Taxable
TaxExempt
[1]
Total Taxable Tax-Exempt [1] Total Gross [3] ERAF Shift [4] Net County City [5] Basic 1% Allocation In Lieu of VLFs Total 075-036 137.28 2,722.99 2,860.27 9 22 31 $47,852,018 29.44% 28.92% 20.93% 10.46% $0.41 $50,068 $19,676 $69,745 Total 137.28 2,722.99 2,860.27 9 22 31 $47,852,018 N/A N/A N/A N/A N/A $50,068 $19,676 $69,745 Notes:
[1] Excludes parcels that do not have TRA information.
[2] Source: El Dorado County Auditor-Controller.[3] Based on applicable FY 2021-22 basic 1% property tax allocation factors earmarked for the El Dorado County General Fund.[4] Based on the FY 2021-22 Countywide factor.[5] Assumes the City would receive 50% of County's current allocation after annexation. [6] Based on the projected FY 2022-23 Property Tax in lieu of VLF and citywide assessed valuation. Proposed Annexation of Heavenly Parcels Property Tax Revenue Analysis Tax Rate Area Acres Parcel Count Net Taxable Value [2] FY 2022-23 1% PT Allocation Factors Property Tax In Lieu of VLF Increase per $1,000 Assessed Value [6] Estimated Property Tax Revenues www.FinanceDTA.com
18201 Von Karman Avenue, Suite 220Irvine, CA 92612
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ATTACHMENT 2
City of South Lake Tahoe
Potential Property Tax and Sales Tax Revenues Resulting from the Proposed Land Annexations

PROPOSED CLEANUP

PARCELS ANNEXATION

646
Taxable Tax- Exempt [1] Total Taxable Tax- Exempt [1] Total Gross [3] ERAF Shift [4] Net County City [5] Basic 1% Allocation In Lieu of VLFs Total 075-025 8.80 253.46 262.26 9 12 21 $1,086,905 33.23% 28.92% 23.62% 11.81% $0.41 $1,284 $447 $1,731 075-036 78.60 37.19 115.79 6 60 66 $4,617,549 29.44% 28.92% 20.93% 10.46% $0.41 $4,831 $1,899 $6,730 Total 87.40 290.65 378.05 15 72 87 $5,704,454 N/A N/A N/A N/A N/A $6,115 $2,346 $8,461 Notes:
[1] Excludes parcels that do not have TRA information.[2] Source: El Dorado County Auditor-Controller.[3] Based on applicable FY 2021-22 basic 1% property tax allocation factors earmarked for the El Dorado County General Fund. [4] Based on the FY 2021-22 Countywide factor.[5] Assumes the City would receive 50% of County's current allocation after annexation. [6] Based on the projected FY 2022-23 Property Tax in lieu of VLF and citywide assessed valuation.

Proposed Cleanup Parcels Annexation
Property Tax Revenue Analysis
Tax Rate Area
Acres Parcel Count
Net Taxable
Value [2]
FY 2022-23 1% PT Allocation Factors
Property Tax In
Lieu of VLF
Increase per $1,000
Assessed Value [6]
Estimated Property Tax Revenues
www.FinanceDTA.com
18201 Von Karman Avenue, Suite 220Irvine, CA 92612
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SUMMARY MEMORANDUM
October 13, 2023
To: Joseph Irvin and Heather Stroud, City of South Lake Tahoe From: Kuda Wekwete, Jerry Wen, and Graeme Fraser, DTA
Subject: Potential Fiscal Impacts to the City of South Lake Tahoe Resulting from the Proposed Land Annexation Scenarios
DTA is pleased to present this Executive Summary of a Fiscal Impact Analysis (the “FIA”) to assist the City of South Lake Tahoe (the “City”) in its evaluation of various Annexation Scenarios (the “Annexation Scenarios”) of land within the Unincorporated County of El Dorado (the “County”) that are being contemplated by the City. The intent of this memorandum is to compare the projected fiscal impact of each Annexation Scenario to the City by evaluating property tax and sales tax revenues that could be potentially generated by such Annexation Scenario and the costs to provide public safety and public work services therein.

A Description of Annexation Scenarios
The following Annexation Scenarios, comprised of various sets of parcels in the unincorporated County (the “Annexation Parcels”) as illustrated in Figure 1, are currently being contemplated by the City:

Heavenly Annexation Scenario: Encompasses the California area of the Heavenly Resorts (the “Heavenly Parcels”);
Cleanup Annexation Scenario: Includes the Heavenly Annexation Scenario and the additional annexation area generally comprising the Tahoe Valley Campground and Upper Truckee Marsh (the “Cleanup Parcels”);
Golden Bear, Black Bart, Cold Creek, and Montgomery Estates (“GB-BB-CC-ME”) Annexation Scenario: Encompasses the Cleanup Annexation Scenario and the additional annexation area generally comprising the residential neighborhoods commonly known as Golden Bear, Black Bart, Cold Creek, and Montgomery Estates (the “GB-BB-CC-ME Parcels”);
Meyers Annexation Scenario: Includes the GB-BB-CC-ME Annexation Scenario and the additional annexation area generally comprising the residential neighborhood commonly known as Meyers (the “Meyers Parcels”);
Basin South Annexation Scenario: Includes the Meyers Annexation Scenario and the additional annexation area generally comprising the territory commonly referred to as the Tahoe South Basin (the “Basin South Parcels”);and Basin Annexation Scenario: Includes the Basin South Annexation Scenario and the additional annexation area generally comprising the territory commonly referred to as the Tahoe North Basin (the “Basin North Parcels”).

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Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios Figure 1: Map for the Annexation Parcels
Current parcel characteristics and demographic data for the Annexation Parcels are listed in Table 1. Note, the City provides the estimated residential population for each Annexation Parcel. In addition, DTA utilizes the 2023 Employment Profiles by NAICS Codes reports, produced by Environics Analytics (“EA”), to identify the number of employees working within each Annexation Parcel.

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3 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios Table 1: Parcel Characteristics and Demographic Data for Annexation Parcels Annexation
Parcels
Gross
Acres
Number of
Parcels
Residential
Population Employees
Heavenly 2,860.27 31 0 1,771
Cleanup 378.05 87 125 10
GB-BB-CC-ME 638.67 1,768 1,641 151
Meyers 3,081.03 4,445 3,166 337
Basin South 13,831.83 5,406 3,127 1,255
Basin North 5,822.30 2,934 729 232
B Property Tax Analytic Methodology and Assumptions
Property tax revenues are specifically based on the City’s estimated share of the general 1% ad valorem property tax levy. For the purpose of this analysis and at the direction of the City staff, it is assumed that the City General Fund will receive 50% of the 1% ad valorem property tax levy allocable to the County General Fund, net of the projected Education Revenue Augmentation Fund (“ERAF”) property tax shifts, upon the annexation of each Annexation Scenario to the City. Notably, the 1% ad valorem property tax revenues for each Annexation Scenario are estimated based on the Fiscal Year (“FY”) 2021-22 basic 1% [Proposition (“Prop”) 13] property tax from Tax Rate Areas (“TRAs”) encompassing such Annexation Scenario and the FY 2022-23 taxable valuation of corresponding TRAs, per the County Auditor’s Office.

The passage of Prop 1A in California in 2004 enacted a constitutional amendment that introduced a new methodology to calculate Property Taxes in Lieu of Vehicle License Fees (“VLFs”). Per California Revenue and Taxation Code §97.70, the amount of Property Taxes in Lieu of VLFs now grows in proportion to the growth rate of gross assessed valuation in a city or county. Property Taxes in Lieu of VLF revenues are projected to grow with the change in the Citywide gross assessed valuation of taxable property from the prior FY.

Table 2: Property Taxes in Lieu of VLF Assumptions
Description Assumptions
City – Total Assessed Value (FY 2022-23) $6,116,335,132 City – VLF Property Tax Revenues (FY 2022-23) $2,515,000 VLF Property Tax In-Lieu per $1,000 Assessed Value $0.41 C Direct Sales Tax Analytic Methodology and Assumptions DTA utilizes the Retail Market Power® Retail Stores Opportunity Gap analysis (the “Retail Report”), produced by EA, to identify retail supply characteristics of trade areas representing the Annexation Parcels. As illustrated in Table 3, EA derives the estimated supply of retail goods currently available within such trade area, which serves as the basis for the taxable retail sales receipts for each Annexation Scenario.
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Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios Table 3: Projected Taxable Sales Receipts
Annexation
Scenario
Projected Taxable Sales Receipts
Heavenly
Parcels
Cleanup
Parcels
GB-BBCC-ME
Parcels
Meyers
Parcels
Basin South
Parcels
Basin North
Parcels Total
Heavenly $3,133,442 N/A N/A N/A N/A N/A $3,133,442
Cleanup $3,133,442 $169,328 N/A N/A N/A N/A $3,302,770
GB-BB-CCME $3,133,442 $169,328 $0 N/A N/A N/A $3,302,770 Meyers $3,133,442 $169,328 $0 $9,019,923 N/A N/A $12,322,693 Basin South $3,133,442 $169,328 $0 $9,019,923 $15,997,431 N/A $28,320,124 Basin $3,133,442 $169,328 $0 $9,019,923 $15,997,431 $1,073,998 $29,394,122 Notably, there are certain limitations to the Retail Report when a trade area being analyzed is comprised of dispersed retail establishments such as the Heavenly Parcels. Although restaurants and retail shops within the Heavenly Parcels are seasonal in nature, it is anticipated that the annual sales of such store types would exceed the current estimated taxable sales receipts of $3.1 million. For illustrative and comparative purposes, the average 2022 sales revenue for a Chipotle Mexican Grill restaurant is $2.8 million. Given the higher price points for restaurants in the Heavenly Parcels and a substantial number of visitors during the peak season, it is safe to assume that the annual sales revenue of restaurants alone will be greater than 11% of the revenue of a typical Chipotle Mexican Grill store. Notwithstanding the foregoing, the sales tax projection for the Heavenly Parcels is conservatively based on the taxable sales receipts of $3.1 million.

The City currently receives 2.50% of taxable sales receipts, which include a 1.00% sales tax established by Municipal Code §3.10.050, Measure Q sales tax, a 0.50% voter-approved sales tax, and Measure S sales tax, a 1.00% voter-approved sales tax. For the purpose of this analysis and at the direction of the City staff, it is assumed that the City will receive 100% of applicable sales taxes upon the annexation of each Annexation Scenario to the City .

D Public Safety and Public Work Cost Analytic Methodology and Assumptions DTA utilizes the Per Capita/Multiplier Approach to estimate the costs of providing public safety and public work to each Annexation Scenario, which involves calculating the average costs per Capita/Persons Served utilizing the fiscal year (“FY”) 2022-2023 City Budget and applying these cost factors to the estimated numbers of Persons Served within each Annexation Scenario. DTA has determined that utilizing a Persons Served population comprised of all residents and 50% of the employees working at locations within a given service area is common fiscal practice in generally quantifying the impacts of new service area if more specific local data or facilities usage data is not readily available. This ratio assumes that an employee would spend only 8 active hours in the City per day versus a resident who is active for 16 hours a day. This would yield an estimated Persons Served population of 30,171 based on 22,800 City residents1 and 50% of 14,741 employees working within the City2.
1 Source: California Department of Finance, Housing and Population Information, January 1, 2022. 2 Source: EA, EmploymentProfiles by NAICS Codes 2023 for the City of South Lake Tahoe. 651
5 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios The foregoing Persons Served population estimate requires an additional adjustment to account for the fact that the City is already providing road maintenance and snow plowing services to the Heavenly Parcels and Cleanup Parcels due to the immediate proximity and geography. Furthermore, under current cooperative arrangements between the City Fire Department, County Fire Protection District, and Lake Valley Fire Department, the City Fire Department is the first responder for non-forest fire incidents3 to the Heavenly Parcels and Cleanup Parcels. Hence, DTA revised the estimated Persons Served population from 30,171 to 31,187 to account for 125 residents and 50% of 1,781 employees working within those areas. Table 4 presents calculation of the gross marginal increase in public safety and public work expenditures on a per Person Served basis.

Table 4: General Fund Public Safety and Public Work Expenditures (Multiplier Method) Service Category
FY 2022-2023 City
General Fund
Expenditures
Persons Served
Population
Gross Marginal
Cost Increase per
Person Served
Police $13,223,803 30,171 $438.30
Fire $9,986,351 31,187 $320.21
Public Work $4,478,081 31,187 $143.59
Notably, DTA did not include the substantial number of annual City visitors in determining the Persons Served population, even though such methodology would yield more accurate, i.e., lower, cost parameters to account for the service demands generated by the visitors. There are several reasons for this approach. First, as detailed later in Sections E and F, the City is already providing the majority of the public safety and public works services to the Heavenly Parcels and Cleanup Parcels, which are the only areas with a significant number of visitors and would necessitate an incremental increase to the City’s current public safety and public works expenditures once the City becomes the official provider of those services after the annexation. Second, since the GB-BB-CC-ME Parcels, Meyers Parcels, and Basin Parcels are comprised primarily of residential neighborhoods and the supporting retail and commercial land uses, DTA conservatively estimated the City’s marginal cost to provide the public safety and public works services to those areas as if the City were comprised primarily of residents and employees, with de minimis visitors.

The City’s public safety and public work expenditures are not expected to increase on a oneto-one basis with the annexation of each Annexation Scenario. To project these numbers without any adjustment would result in inaccurate conclusions. To accurately reflect the estimated ratio of fixed costs to variable costs, DTA applied a series of discount rates to those expenditures with considerations of circumstances applicable to each Annexation Scenario.
3 The California Department of Forestry and Fire Protection will respond to the forest fire incidents. 652
6 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios E Proposed Heavenly Annexation Scenario
As illustrated in Figure 2 and presented in Attachment 1, the proposed Heavenly Annexation Scenario is comprised of one TRA and encompasses approximately 2,860.27 gross acres of land within the unincorporated County, with 137.28 acres of land owned by private entities and 2,722.99 acres of land owned by public agencies and/or tax-exempt entities.

Figure 2: Map for the Heavenly Annexation Scenario
As listed in Table 5, the Heavenly Annexation Scenario is anticipated to generate $148,081 in the estimated tax revenues upon its annexation to the City. A detailed explanation of these calculations is presented in Attachment 1 .

Table 5: Projected Tax Revenues for the Heavenly Annexation Scenario Estimated Property Tax Revenues Total Estimated
Sales Tax
Revenues
Total Estimated
Tax Revenues 1% Ad Valorem
Property Tax
Property Taxes in
Lieu of VLF
$50,068 $19,676 $78,336 $148,081
As detailed in Section D, the Heavenly Annexation Scenario is anticipated to incur de minimis incremental increase in the City’s fire and public work expenditures upon its annexation, as the City is already providing those services to the Heavenly Parcels. The County Sheriff currently handles service calls to the Heavenly Parcels, with the City Police providing supplementary support. Although the City Police Department would become the primary agency for calls to the Heavenly Parcels upon its annexation, the County Sheriff is expected to reciprocate the supplementary support that it currently receives for the Heavenly Parcels. Hence, the City Police is not anticipated to need additional officers or staff to provide service to the Heavenly Parcels. To reflect the minimum expected increase in the ratio of variable costs to fixed costs, DTA applied a 75% discount to the gross City police cost multiplier of $438.30. As illustrated in Table 6, the Heavenly Annexation Scenario is anticipated to incur $97,083 in the estimated public safety and public work expenditures upon its annexation to the City.
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7 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios Table 6: Projected Incremental Service Expenditures for the Heavenly Annexation Scenario Annexation
Parcels
Residential
Population
Employees
Persons
Served
Population1
Marginal Cost Increase per Person
Served
Total Estimated
Incremental
Service
Police Fire Expenditures
Public
Work Total
Heavenly 0 1,771 886 $109.58 $0.00 $0.00 $109.58 $97,083 Total 0 1,771 886 N/A N/A N/A N/A $97,083
Note:

1. Comprises all residents and 50% of the employees.

Based on the estimated tax revenues listed in Table 5 and the estimated public safety and public work expenditures presented in Table 6, the Heavenly Annexation Scenario is projected to generate $50,998 in annual fiscal surplus based on these selected fiscal revenues and expenditures.

F Proposed Cleanup Annexation Scenario
As illustrated in Figure 3 and presented in Attachment 2, the proposed Cleanup Annexation Scenario is comprised of two TRAs and encompasses approximately 3,238.32 gross acres of land within the unincorporated County, with 224.68 acres of land owned by private entities and 3,013.64 acres of land owned by public agencies and/or tax-exempt entities.

Figure 3: Map for the Cleanup Annexation Scenario
As listed in Table 7, the Cleanup Annexation Scenario is anticipated to generate $160,775 in the estimated tax revenues upon its annexation to the City. A detailed explanation of these calculations is presented in Attachment 2.
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8 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios Table 7: Projected Tax Revenues for the Cleanup Annexation Scenario Estimated Property Tax Revenues Total Estimated
Sales Tax
Revenues
Total Estimated
Tax Revenues 1% Ad Valorem
Property Tax
Property Taxes in
Lieu of VLF
$56,183 $22,022 $82,569 $160,775
As detailed in Section D, the Cleanup Annexation Scenario is anticipated to incur de minimis incremental increase in the City’s fire and public work expenditures upon its annexation, as the City is already providing those services to the Heavenly Parcels and Cleanup Parcels.

Since the Cleanup Parcels are primarily comprised of the Tahoe Valley Campground and Upper Truckee Marsh, the City Police does not expect to receive frequent service calls to those areas. Hence, DTA applied a 50% discount to the gross City police cost multiplier of $438.30. As illustrated in Table 8, the Cleanup Annexation Scenario is anticipated to incur $125,573 in the estimated public safety and public work expenditures upon its annexation to the City.

Table 8: Projected Incremental Service Expenditures for the Cleanup Annexation Scenario Annexation
Parcels
Residential
Population
Employees
Persons
Served
Population1
Marginal Cost Increase per
Person Served
Total Estimated
Incremental
Service
Police Fire Expenditures
Public
Work Total
Heavenly 0 1,771 886 $109.58 $0.00 $0.00 $109.58 $97,083 Cleanup 125 10 130 $219.15 $0.00 $0.00 $219.15 $28,490
Total 125 1,781 1,016 N/A N/A N/A N/A $125,573
Note:

1. Comprises all residents and 50% of the employees.

Based on the estimated tax revenues listed in Table 7 and the estimated public safety and public work expenditures presented in Table 8, the Cleanup Annexation Scenario is projected to generate $35,202 in annual fiscal surplus based on these selected fiscal revenues and expenditures.
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9 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios G Proposed Golden Bear, Black Bart, Cold Creek, and Montgomery Estates Annexation Scenario
As illustrated in Figure 4 and presented in Attachment 3, the proposed GB-BB-CC-ME Annexation Scenario is comprised of two TRAs and encompasses approximately 3,876.99 gross acres of land within the unincorporated County, with 661.48 acres of land owned by private entities and 3,215.51 acres of land owned by public agencies and/or tax-exempt entities.

Figure 4: Map for the GB-BB-CC-ME Annexation Scenario
As listed in Table 9, the GB-BB-CC-ME Annexation Scenario is anticipated to generate $1,068,019 in the estimated tax revenues upon its annexation to the City. A detailed explanation of these calculations is presented in Attachment 3.

Table 9: Projected Tax Revenues for the GB-BB-CC-ME Annexation Scenario Estimated Property Tax Revenues Total Estimated
Sales Tax
Revenues
Total Estimated
Tax Revenues 1% Ad Valorem
Property Tax
Property Taxes in
Lieu of VLF
$707,474 $277,975 $82,569 $1,068,019
Given the close proximity of the GB-BB-CC-ME Parcels to the City, it is estimated that the marginal increase in the public safety and public work expenditures to serve those parcels will be approximately 75%. Therefore, a 25% discount is applied to the gross City public safety and public work cost multiplier of $902.10.

As presented in Table 10, the GB-BB-CC-ME Annexation Scenario is anticipated to incur $1,287,252 in the estimated public safety and public work expenditures upon its annexation to the City.
656
10 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios Table 10: Projected Incremental Service Expenditures for the GB-BB-CC-ME Annexation Scenario
Annexation
Parcels
Residential
Population
Employees
Persons
Served
Population1
Marginal Cost Increase per Person
Served
Total Estimated
Incremental
Service
Police Fire Expenditures
Public
Work Total
Heavenly 0 1,771 886 $109.58 $0.00 $0.00 $109.58 $97,083 Cleanup 125 10 130 $219.15 $0.00 $0.00 $219.15 $28,490
GB-BB-CC-ME 1,641 151 1,717 $328.73 $240.16 $107.69 $676.58 $1,161,679 Total 1,766 1,932 2,733 N/A N/A N/A N/A $1,287,252
Note:

1. Comprises all residents and 50% of the employees.

Based on the estimated tax revenues listed in Table 9 and the estimated public safety and public work expenditures presented in Table 10 the GB-BB-CC-ME Annexation Scenario is projected to incur $219,233 in annual fiscal deficit based on these selected fiscal revenues and expenditures.
657
11 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios H Proposed Meyers Annexation Scenario
As illustrated in Figure 5 and presented in Attachment 4, the proposed Meyers Annexation Scenario is comprised of four TRAs and encompasses approximately 6,958.02 gross acres of land within the unincorporated County, with 1,661.98 acres of land owned by private entities and 5,296.04 acres of land owned by public agencies and/or tax-exempt entities.

Figure 5: Map for the Meyers Annexation Scenario
As listed in Table 11, the Meyers Annexation Scenario is anticipated to generate $2,935,118 in the estimated tax revenues upon its annexation to the City. A detailed explanation of these calculations is presented in Attachment 4.

Table 11: Projected Tax Revenues for the Meyers Annexation Scenario Estimated Property Tax Revenues Total Estimated
Sales Tax
Revenues
Total Estimated
Tax Revenues 1% Ad Valorem
Property Tax
Property Taxes in
Lieu of VLF
$1,885,967 $741,084 $308,067 $2,935,118
Given the distance of the Meyers Parcels from the City limits, DTA conservatively applied no discount to the gross City public safety and public work cost multiplier of $902.10. 658
12 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios As presented in Table 12, the Meyers Annexation Scenario is anticipated to incur $4,295,756 in the estimated public safety expenditures and public work upon its annexation to the City.

Table 12: Projected Incremental Service Expenditures for the Meyers Annexation Scenario Annexation
Parcels
Residential
Population
Employees
Persons
Served
Population1
Marginal Cost Increase per Person
Served
Total Estimated
Incremental
Service
Police Fire Expenditures
Public
Work Total
Heavenly 0 1,771 886 $109.58 $0.00 $0.00 $109.58 $97,083 Cleanup 125 10 130 $219.15 $0.00 $0.00 $219.15 $28,490
GB-BB-CC-ME 1,641 151 1,717 $328.73 $240.16 $107.69 $676.58 $1,161,679 Meyers 3,166 337 3,335 $438.30 $320.21 $143.59 $902.10 $3,008,504 Total 4,932 2,269 6,068 N/A N/A N/A N/A $4,295,756
Note:

1. Comprises all residents and 50% of the employees.

Based on the estimated tax revenues listed in Table 11 and the estimated public safety and public work expenditures presented in Table 12, the Meyers Annexation Scenario is projected to incur $1,360,638 in annual fiscal deficit based on these selected fiscal revenues and expenditures.
659
13 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios I Proposed Basin South Annexation Scenario
As illustrated in Figure 6 and presented in Attachment 5, the proposed Basin South Annexation Scenario is comprised of 7 TRAs and encompasses approximately 20,789.85 gross acres of land within the unincorporated County, with 3,990.62 acres of land owned by private entities and 16,799.23 acres of land owned by public agencies and/or tax-exempt entities.

Figure 6: Map for the Basin South Annexation Scenario
As listed in Table 13, the Basin South Annexation Scenario is anticipated to generate $5,296,775 in the estimated tax revenues upon its annexation to the City. A detailed explanation of these calculations is presented in Attachment 5 .

Table 13: Projected Tax Revenues for the Basin South Annexation Scenario Estimated Property Tax Revenues Total Estimated
Sales Tax
Revenues
Total Estimated
Tax Revenues 1% Ad Valorem
Property Tax
Property Taxes in
Lieu of VLF
$3,298,635 $1,290,137 $708,003 $5,296,775
660
14 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios Given the distance of the Basin South Parcels from the City limits, DTA conservatively applied no discount to the gross City public safety and public work cost multiplier of $902.10.

As presented in Table 14, the Basin South Annexation Scenario is anticipated to incur $7,683,142 in the estimated public safety and public work expenditures upon its annexation to the City.

Table 14: Projected Incremental Service Expenditures for the Basin South Annexation Scenario Annexation
Parcels
Residential
Population
Employees
Persons
Served
Population1
Marginal Cost Increase per Person
Served
Total Estimated
Incremental
Service
Police Fire Expenditures
Public
Work Total
Heavenly 0 1,771 886 $109.58 $0.00 $0.00 $109.58 $97,083 Cleanup 125 10 130 $219.15 $0.00 $0.00 $219.15 $28,490
GB-BB-CC-ME 1,641 151 1,717 $328.73 $240.16 $107.69 $676.58 $1,161,679 Meyers 3,166 337 3,335 $438.30 $320.21 $143.59 $902.10 $3,008,504 Basin South 3,127 1,255 3,755 $438.30 $320.21 $143.59 $902.10 $3,387,386 Total 8,059 3,524 9,823 N/A N/A N/A N/A $7,683,142
Note:

1. Comprises all residents and 50% of the employees.

Based on the estimated tax revenues listed in Table 13 and the estimated public safety and public work expenditures presented in Table 14, the Basin South Annexation Scenario is projected to incur $2,386,367 in annual fiscal deficit based on these selected fiscal revenues and expenditures.

J Proposed Basin Annexation Scenario
As illustrated in Figure 7 and presented in Attachment 6, the proposed Basin Annexation Scenario is comprised of 17 TRAs and encompasses approximately 26,612.15 gross acres of land within the unincorporated County, with 5,134.91 acres of land owned by private entities and 21,477.24 acres of land owned by public agencies and/or tax-exempt entities.

661
15 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios Figure 7: Map for the Basin Annexation Scenario
As listed in Table 15, the Basin Annexation Scenario is anticipated to generate $7,713,733 in the estimated tax revenues upon its annexation to the City. A detailed explanation of these calculations is presented in Attachment 6 .

Table 15: Projected Tax Revenues for the Basin Annexation Scenario Estimated Property Tax Revenues Total Estimated
Sales Tax
Revenues
Total Estimated
Tax Revenues 1% Ad Valorem
Property Tax
Property Taxes in
Lieu of VLF
$5,117,892 $1,860,987 $734,853 $7,713,733
662
16 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios Given the distance of the Basin North Parcels from the City limits, DTA conservatively applied no discount to the gross City public safety and public work cost multiplier of $902.10.

As presented in Table 16, the Basin Annexation Scenario is anticipated to incur $8,445,417 in the estimated public safety and public work expenditures upon its annexation to the City.

Table 16: Projected Incremental Service Expenditures for the Basin Annexation Scenario Annexation
Parcels
Residential
Population
Employees
Persons
Served
Population1
Marginal Cost Increase per Person
Served
Total Estimated
Incremental
Service
Police Fire Expenditures
Public
Work Total
Heavenly 0 1,771 886 $109.58 $0.00 $0.00 $109.58 $97,083 Cleanup 125 10 130 $219.15 $0.00 $0.00 $219.15 $28,490
GB-BB-CC-ME 1,641 151 1,717 $328.73 $240.16 $107.69 $676.58 $1,161,679 Meyers 3,166 337 3,335 $438.30 $320.21 $143.59 $902.10 $3,008,504 Basin South 3,127 1,255 3,755 $438.30 $320.21 $143.59 $902.10 $3,387,386 Basin North 729 232 845 $438.30 $320.21 $143.59 $902.10 $762,275 Total 8,788 3,756 10,668 N/A N/A N/A N/A $8,445,417
Note:

2. Comprises all residents and 50% of the employees.

Based on the estimated tax revenues listed in Table 14 and the estimated public safety and public work expenditures presented in Table 15, the Basin Annexation Scenario is projected to incur $731,684 in annual fiscal deficit based on these selected fiscal revenues and expenditures.

K Fiscal Impact Comparison Summary for Annexation Scenarios The projected fiscal impact for each Annexation Scenario upon its annexation to the City is summarized in Table 17 and illustrated in Figure 8.

Table 17: Comparison of Projected Annual Fiscal Impact for Annexation Scenarios Annexation
Scenario
Gross
Acres
Persons
Served
Population
Estimated
Annual Tax
Revenues
Estimated
Annual
Service
Expenditures
Projected
Annual Fiscal
Surplus/
(Deficit)
Heavenly 2,860.27 886 $148,081 $97,083 $50,998
Cleanup 3,238.32 1,016 $160,775 $125,573 $35,202
GB-BB-CC-ME 3,876.99 2,733 $1,068,019 $1,287,252 ($219,233) Meyers 6,958.02 6,068 $2,935,118 $4,295,756 ($1,360,638) Basin South 20,789.85 9,823 $5,296,775 $7,683,142 ($2,386,367) Basin 26,612.15 10,668 $7,713,733 $8,445,417 ($731,684) 663
17 City of South Lake Tahoe October 13, 2023
Potential Fiscal Impact to the City Resulting from the Proposed Land Annexation Scenarios Figure 8: Comparison of Projected Annual Fiscal Impact for Annexation Scenarios If you have any further questions regarding this Executive Summary, please feel free to contact Kuda Wekwete or Jerry Wen at (800) 969-4DTA.

Enclosures:

1. Attachment 1 – Proposed Heavenly Annexation Scenario

2. Attachment 2 – Proposed Cleanup Annexation Scenario

3. Attachment 3 – Proposed Golden Bear, Black Bart, Cold Creek, and Montgomery Estates Annexation Scenario

4. Attachment 4 – Proposed Meyers Annexation Scenario

5. Attachment 5 – Proposed Basin South Annexation Scenario

6. Attachment 6 – Proposed Basin Annexation Scenario
664
ATTACHMENT 1
City of South Lake Tahoe
Potential Property Tax and Sales Tax Revenues Resulting from the Proposed Land Annexation Scenarios

PROPOSED HEAVENLY

ANNEXATION

SCENARIO

665
TRAs (Primary, Secondary)
75, 36
Annexation Alternative Boundary
City Boundary
Heavenly
Alternative
0 0.5
Miles
Path: \\gis\share\Projects\CityManager\Annexation\Annexation.aprx | Annexation Alternatives TRAs | 9/29/2023 666
Taxable
TaxExempt
[1]
Total Taxable Tax-Exempt
[1] Total Gross [3]
ERAF Shift
[4] Net County City [5] Basic 1% Allocation
In Lieu
of VLFs Total
075-036 137.28 2,722.99 2,860.27 9 22 31 $47,852,018 29.44% 28.92% 20.93% 10.46% $0.41 $50,068 $19,676 $69,745 Total 137.28 2,722.99 2,860.27 9 22 31 $47,852,018 N/A N/A N/A N/A N/A $50,068 $19,676 $69,745 Notes:
[1] Excludes parcels that do not have TRA information.
[2] Source: El Dorado County Auditor-Controller.
[3] Based on applicable FY 2021-22 basic 1% property tax allocation factors earmarked for the El Dorado County General Fund. [4] Based on the FY 2021-22 Countywide factor.
[5] Assumes the City would receive 50% of County's current allocation after annexation. [6] Based on the projected FY 2022-23 Property Tax in lieu of VLF and citywide assessed valuation.

Preliminary Annexation Property Tax Revenue Analysis
Heavenly Alternative Annexation Scenario
Estimated Property Tax Revenues
Tax Rate Area
Acres Parcel Count
Net Taxable
Value [2]
FY 2022-23 1% PT Allocation Factors Property Tax In
Lieu of VLF
Increase per
$1,000 Assessed
Value [6]
Estimated Property Tax Revenues
www.FinanceDTA.com
18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
667
ATTACHMENT 2
City of South Lake Tahoe
Potential Property Tax and Sales Tax Revenues Resulting from the Proposed Land Annexation Scenarios

PROPOSED CLEANUP

ANNEXATION

SCENARIO

668
TRAs (Primary, Secondary)
75, 25
75, 36
Annexation Alternative Boundary
City Boundary
Clean Up
Alternative
0 0.5 1 1.5
Miles
Path: \\gis\share\Projects\CityManager\Annexation\Annexation.aprx | Annexation Alternatives TRAs | 9/29/2023 669
Taxable
TaxExempt
[1]
Total Taxable
TaxExempt
[1]
Total Gross
[3] ERAF Shift [4] Net County City [5] Basic 1% Allocation In Lieu of
VLFs Total
075-025 8.80 253.46 262.26 9 12 21 $1,086,905 33.23% 28.92% 23.62% 11.81% $0.41 $1,284 $447 $1,731 075-036 215.88 2,760.18 2,976.06 15 82 97 $52,469,567 29.44% 28.92% 20.93% 10.46% $0.41 $54,900 $21,575 $76,475 Total 224.68 3,013.64 3,238.32 24 94 118 $53,556,472 N/A N/A N/A N/A N/A $56,183 $22,022 $78,205 Notes:
[1] Excludes parcels that do not have TRA information.
[2] Source: El Dorado County Auditor-Controller.
[3] Based on applicable FY 2021-22 basic 1% property tax allocation factors earmarked for the El Dorado County General Fund. [4] Based on the FY 2021-22 Countywide factor.
[5] Assumes the City would receive 50% of County's current allocation after annexation. [6] Based on the projected FY 2022-23 Property Tax in lieu of VLF and citywide assessed valuation.

Acres Parcel Count
Tax Rate Area
Estimated Property Tax Revenues
Preliminary Annexation Property Tax Revenue Analysis
Clean Up Alternative Annexation Scenario
Estimated Property Tax Revenues
Net Taxable
Value [2]
FY 2022-23 1% PT Allocation Factors Property Tax In
Lieu of VLF
Increase per
$1,000 Assessed
Value [6]
www.FinanceDTA.com
18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
670
ATTACHMENT 3
City of South Lake Tahoe
Potential Property Tax and Sales Tax Revenues Resulting from the Proposed Land Annexation Scenarios

PROPOSED GOLDEN

BEAR, BLACK BART,

COLD CREEK, AND

MONTGOMERY

ESTATES ANNEXATION

SCENARIO

671
TRAs (Primary, Secondary)
75, 25
75, 36
Annexation Alternative Boundary
City Boundary
Golden Bear, Black Bart, Cold Creek,
and Montgomery Estates
Alternative 0 0.5 1 1.5
Miles
Path: \\gis\share\Projects\CityManager\Annexation\Annexation.aprx | Annexation Alternatives TRAs | 9/29/2023 672
Taxable
TaxExempt
[1]
Total Taxable
TaxExempt
[1]
Total Gross [3] ERAF Shift
[4]
Net
County City [5] Basic 1% Allocation
In Lieu of
VLFs Total
075-025 8.80 263.55 272.35 9 13 22 $1,086,905 33.23% 28.92% 23.62% 11.81% $0.41 $1,284 $447 $1,731 075-036 652.68 2,951.96 3,604.64 1,458 406 1,864 $674,932,376 29.44% 28.92% 20.93% 10.46% $0.41 $706,190 $277,528 $983,719 Total 661.48 3,215.51 3,876.99 1,467 419 1,886 $676,019,281 N/A N/A N/A N/A N/A $707,474 $277,975 $985,449 Notes:
[1] Excludes parcels that do not have TRA information.
[2] Source: El Dorado County Auditor-Controller.
[3] Based on applicable FY 2021-22 basic 1% property tax allocation factors earmarked for the El Dorado County General Fund. [4] Based on the FY 2021-22 Countywide factor.
[5] Assumes the City would receive 50% of County's current allocation after annexation. [6] Based on the projected FY 2022-23 Property Tax in lieu of VLF and citywide assessed valuation.

Preliminary Annexation Property Tax Revenue Analysis
Golden Bear, Black Bart, Cold Creek and Montgomery Estates Alternative Annexation Scenario Estimated Property Tax Revenues
Tax Rate Area
Acres Parcel Count
Net Taxable Value [2]
FY 2022-23 1% PT Allocation Factors Property Tax In Lieu of VLF Increase per
$1,000 Assessed Value
[6]
Estimated Property Tax Revenues
www.FinanceDTA.com
18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
673
ATTACHMENT 4
City of South Lake Tahoe
Potential Property Tax and Sales Tax Revenues Resulting from the Proposed Land Annexation Scenarios

PROPOSED MEYERS

ANNEXATION

SCENARIO
674
TRAs (Primary, Secondary)
75, 25
75, 29
75, 36
75, 41
Annexation Alternative Boundary
City Boundary
Meyers
Alternative
0 0.5 1 1.5
Miles
Path: \\gis\share\Projects\CityManager\Annexation\Annexation.aprx | Annexation Alternatives TRAs | 9/29/2023 675
Taxable Tax-Exempt [1] Total Taxable Tax-Exempt [1] Total Gross [3] ERAF Shift [4]
Net
County City [5] Basic 1% Allocation
In Lieu of
VLFs Total
075-025 8.80 942.17 950.97 9 20 29 $1,086,905 33.23% 28.92% 23.62% 11.81% $0.41 $1,284 $447 $1,731 075-029 0.00 183.14 183.14 0 2 2 $0 33.23% 28.92% 23.62% 11.81% $0.41 $0 $0 $0 075-036 915.36 3,628.47 4,543.83 1,877 769 2,646 $842,549,124 29.44% 28.92% 20.93% 10.46% $0.41 $881,570 $346,451 $1,228,021 075-041 737.82 542.26 1,280.08 2,671 983 3,654 $958,637,416 29.44% 28.92% 20.93% 10.46% $0.41 $1,003,113 $394,186 $1,397,299 Total 1,661.98 5,296.04 6,958.02 4,557 1,774 6,331 $1,802,273,445 N/A N/A N/A N/A N/A $1,885,967 $741,084 $2,627,051 Notes:
[1] Excludes parcels that do not have TRA information.
[2] Source: El Dorado County Auditor-Controller.
[3] Based on applicable FY 2021-22 basic 1% property tax allocation factors earmarked for the El Dorado County General Fund. $1,885,967 [4] Based on the FY 2021-22 Countywide factor. $741,084 [5] Assumes the City would receive 50% of County's current allocation after annexation. $308,067 [6] Based on the projected FY 2022-23 Property Tax in lieu of VLF and citywide assessed valuation.

Preliminary Annexation Property Tax Revenue Analysis
Meyers Alternative Annexation Scenario
Estimated Property Tax Revenues
Tax Rate Area
Acres Parcel Count
Net Taxable Value [2]
FY 2022-23 1% PT Allocation Factors Property Tax In
Lieu of VLF
Increase per $1,000
Assessed Value [6]
Estimated Property Tax Revenues
www.FinanceDTA.com
18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
676
ATTACHMENT 5
City of South Lake Tahoe
Potential Property Tax and Sales Tax Revenues Resulting from the Proposed Land Annexation Scenarios

PROPOSED BASIN

SOUTH ANNEXATION

SCENARIO

677
TRAs (Primary, Secondary)
75, 6
75, 7
75, 25
75, 29
75, 36
75, 41
75, 46
Annexation Alternative Boundary
City Boundary
South Basin
Alternative
0 1 2
Miles
Path: \\gis\share\Projects\CityManager\Annexation\Annexation.aprx | Annexation Alternatives TRAs | 9/29/2023 678
Taxable Tax-Exempt
[1] Total Taxable Tax-Exempt [1] Total Gross [3] ERAF Shift [4] Net County City [5] Basic 1% Allocation [3] In Lieu of
VLFs [4] Total
075-006 239.46 1,320.80 1,560.26 276 151 427 $147,787,719 32.33% 28.92% 22.98% 11.49% $0.41 $169,839 $60,769 $230,609 075-007 2.00 266.59 268.59 10 15 25 $274,502 38.58% 28.92% 27.43% 13.71% $0.41 $376 $113 $489 075-025 289.81 2,657.88 2,947.69 29 50 79 $2,682,691 33.23% 28.92% 23.62% 11.81% $0.41 $3,169 $1,103 $4,272 075-029 0.00 183.14 183.14 0 2 2 $0 33.23% 28.92% 23.62% 11.81% $0.41 $0 $0 $0 075-036 2,183.13 11,085.30 13,268.43 3,295 1,837 5,132 $1,410,230,635 29.44% 28.92% 20.93% 10.46% $0.41 $1,475,543 $579,878 $2,055,421 075-041 1,150.34 1,282.76 2,433.10 4,213 1,785 5,998 $1,510,091,582 29.44% 28.92% 20.93% 10.46% $0.41 $1,580,152 $620,941 $2,201,092 075-046 125.88 2.76 128.64 68 6 74 $66,472,390 29.44% 28.92% 20.93% 10.46% $0.41 $69,556 $27,333 $96,889 Total 3,990.62 16,799.23 20,789.85 7,891 3,846 11,737 $3,137,539,519 N/A N/A N/A N/A N/A $3,298,635 $1,290,137 $4,588,772 Notes:
[1] Excludes parcels that do not have TRA information.
[2] Source: El Dorado County Auditor-Controller.
[3] Based on applicable FY 2021-22 basic 1% property tax allocation factors earmarked for the El Dorado County General Fund. [4] Based on the FY 2021-22 Countywide factor.
[5] Assumes the City would receive 50% of County's current allocation after annexation. [6] Based on the projected FY 2022-23 Property Tax in lieu of VLF and citywide assessed valuation.

Preliminary Annexation Property Tax Revenue Analysis
Basin South Alternative Annexation Scenario
Estimated Property Tax Revenues
Tax Rate Area
Acres Parcel Count
Net Taxable Value
[2]
FY 2022-23 1% PT Allocation Factors Property Tax In Lieu of VLF Increase per
$1,000 Assessed
Value [6]
Estimated Property Tax Revenues
www.FinanceDTA.com
18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
679
ATTACHMENT 6
City of South Lake Tahoe
Potential Property Tax and Sales Tax Revenues Resulting from the Proposed Land Annexation Scenarios

PROPOSED BASIN

ANNEXATION

SCENARIO
680
TRAs (Primary, Secondary)
69, 3
69, 7
69, 13
69, 14
69, 15
69, 16
69, 17
75, 6
75, 7
75, 22
75, 25
75, 27
75, 29
75, 36
75, 41
75, 46
75, 50
Annexation Alternative Boundary
City Boundary
Basin
Alternative
0 1 2 3 4
Miles
Path: \\gis\share\Projects\CityManager\Annexation\Annexation.aprx | Annexation Alternatives TRAs | 9/29/2023 681
Taxable Tax-Exempt
[1] Total Taxable Tax-Exempt [1] Total Gross [3] ERAF Shift [4] Net County City [5] Basic 1% Allocation [3] In Lieu of
VLFs [4] Total
069-003 14.19 0.89 15.08 58 4 62 $26,216,933 29.32% 28.92% 20.84% 10.42% $0.41 $27,316 $10,780 $38,096 069-007 555.69 1,414.81 1,970.50 763 488 1,251 $841,454,672 37.73% 28.92% 26.82% 13.41% $0.41 $1,128,325 $346,001 $1,474,326 069-013 0.00 1,953.35 1,953.35 0 19 19 $0 41.05% 28.92% 29.18% 14.59% $0.41 $0 $0 $0 069-014 272.30 6.94 279.24 7 4 11 $293,955 44.86% 28.92% 31.89% 15.94% $0.41 $469 $121 $590 069-015 262.15 52.83 314.98 1,321 179 1,500 $505,304,682 35.96% 28.92% 25.56% 12.78% $0.41 $645,866 $207,778 $853,644 069-016 0.00 80.15 80.15 0 1 1 $0 48.21% 28.92% 34.27% 17.13% $0.41 $0 $0 $0 069-017 36.32 0.00 36.32 7 0 7 $9,641,028 32.91% 28.92% 23.39% 11.70% $0.41 $11,277 $3,964 $15,242 075-006 239.46 1,320.80 1,560.26 276 151 427 $147,787,719 32.33% 28.92% 22.98% 11.49% $0.41 $169,839 $60,769 $230,609 075-007 2.00 266.59 268.59 10 15 25 $274,502 38.58% 28.92% 27.43% 13.71% $0.41 $113 $113 075-022 0.00 494.96 494.96 0 22 22 $0 42.36% 28.92% 30.11% 15.05% $0.41 $0 $0 $0 075-025 289.81 2,947.09 3,236.90 29 61 90 $2,682,691 33.23% 28.92% 23.62% 11.81% $0.41 $3,169 $1,103 $4,272 075-027 0.00 34.53 34.53 0 1 1 $0 35.52% 28.92% 25.25% 12.62% $0.41 $0 $0 $0 075-029 0.00 183.14 183.14 0 2 2 $0 33.23% 28.92% 23.62% 11.81% $0.41 $0 $0 $0 075-036 2,183.13 11,432.00 13,615.13 3,295 1,842 5,137 $1,410,230,635 29.44% 28.92% 20.93% 10.46% $0.41 $1,475,543 $579,878 $2,055,421 075-041 1,150.34 1,282.76 2,433.10 4,213 1,785 5,998 $1,510,091,582 29.44% 28.92% 20.93% 10.46% $0.41 $1,580,152 $620,941 $2,201,092 075-046 125.88 2.76 128.64 68 6 74 $66,472,390 29.44% 28.92% 20.93% 10.46% $0.41 $69,556 $27,333 $96,889 075-050 3.64 3.64 7.28 22 22 44 $5,363,003 31.50% 28.92% 22.39% 11.20% $0.41 $6,005 $2,205 $8,210 Total 5,134.91 21,477.24 26,612.15 10,069 4,602 14,671 $4,525,813,792 N/A N/A N/A N/A N/A $5,117,516 $1,860,987 $6,978,503 Notes:
[1] Excludes parcels that do not have TRA information.
[2] Source: El Dorado County Auditor-Controller.
[3] Based on applicable FY 2021-22 basic 1% property tax allocation factors earmarked for the El Dorado County General Fund. [4] Based on the FY 2021-22 Countywide factor.
[5] Assumes the City would receive 50% of County's current allocation after annexation. [6] Based on the projected FY 2022-23 Property Tax in lieu of VLF and citywide assessed valuation.

Preliminary Annexation Property Tax Revenue Analysis
Basin Alternative Annexation Scenario
Estimated Property Tax Revenues
Tax Rate Area
Acres Parcel Count
Net Taxable Value
[2]
FY 2022-23 1% PT Allocation Factors Property Tax In Lieu of VLF Increase per
$1,000 Assessed
Value [6]
Estimated Property Tax Revenues
www.FinanceDTA.com
18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
682
683
684
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:27
Agenda Item: Purchase and Sale Agreement for Disposition of Exempt Surplus Property at 3900 and 3908 Lake Tahoe Boulevard Owned by South Tahoe Redevelopment Successor Agency with City of South Lake Tahoe and Novin Development Corporation for an Affordable Housing Project Executive Summary: On June 3, 2022, the South Tahoe Redevelopment Successor Agency released a Notice of Availability to Sell/Lease Surplus Property located at 3900 and 3908 Lake Tahoe Blvd. for development as an affordable housing project. At its August 23, 2022 meeting, the Successor Agency approved a Letter of Intent with Novin Development and SMR Development (Novin) to negotiate a purchase and sale agreement to sell the property to Novin for $1,000,000 for development of an affordable housing project. Staff has negotiated a Purchase and Sale Agreement under which the City is purchasing the property from the Successor Agency as an interim step in order to ensure that Novin can be as competitive as possible for state and federal grants and other funding sources. Novin will then purchase the property from the City for at least $1,000,000, depending on an updated appraisal after Novin receives entitlements for the proposed project. The City may elect to donate any additional appraised value above $1,000,000 to Novin to qualify as a local contribution to ensure maximum competitiveness for state and federal funding.

Requested Action / Suggested Motions: 1) Acting as the South Tahoe Redevelopment Successor Agency, Pass a Resolution declaring the property located at 3900 and 3908 Lake Tahoe Boulevard as exempt surplus property and authorizing and directing the Board Chair to execute a Purchase and Sale Agreement to sell the property for the appraised value of $1,000,000; and 2) Acting as the City Council, Pass a Resolution declaring property located at 3900 and 3908 Lake Tahoe Boulevard as exempt surplus property, authorizing and directing the Mayor to execute the Purchase and Sale Agreement, and approving budget appropriations of $1,000,000 from General Fund Undesignated Reserves.

Responsible Staff Member: Zach Thomas, Interim Director of Development Services Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Purchase and Sale Agreement for 3900 and 3908 Lake Tahoe Blvd.docx 02-Successor Agency Resolution 3900 and 3908 Lake Tahoe Blvd.docx 03-City Council Resolution 3900 and 3908 Lake Tahoe Blvd.docx 04 - Purchase and Sale Agreement (Exh. A to City Council and Successor Agency Resos.).docx 05-Notice of Availability.pdf
06-Novin Letter of Intent.pdf
07- PC Resolution 2023-009 General Plan Consistency Finding.pdf 685
STRSA and City Council Agenda Report November 7, 2023 Page 1 of 2 City of South Lake Tahoe
Report to South Tahoe Redevelopment
Successor Agency and City Council
Meeting Date: November 7, 2023
Title: Purchase and Sale Agreement for Disposition of Exempt Surplus Property at 3900 and 3908 Lake Tahoe Boulevard Owned by South Tahoe Redevelopment Successor Agency with City of South Lake Tahoe and Novin Development Corporation for an Affordable Housing Project
Location: 3900 and 3908 Lake Tahoe Blvd. (APNs: 029-170-01 and 029-170-02) Responsible Staff Member: Zach Thomas, Interim Director of Development Services Background: On June 3, 2022 the Successor Agency released a Notice of Availability (NOA) to Sell/Lease Surplus Property located at 3900 and 3908 Lake Tahoe Blvd. (APNs: 029- 170-01 and 029-170-02) (Property) for development as an affordable housing project. Per the Surplus Land Act, the NOA provided 60 days for interested parties to notify the Successor Agency regarding interest in acquiring the property.

Three offers were submitted from Novin Development and SMR Development (Novin), Saint Joseph Community Land Trust, and the City of South Lake Tahoe. The proposal submitted by Novin was determined to be the most consistent with the criteria outlined in the NOA. At its August 23, 2022 meeting, the Successor Agency approved a Letter of Intent outlining the timelines and commitments associated with negotiating a purchase and sale agreement, conducting due diligence, and escrow.

At its meeting on September 21, 2023, the Planning Commission adopted Resolution No. 2023- 009, finding that the disposition of this Property and Novin’s intended use as an affordable housing development is consistent with the General Plan, in accordance with Government Code section 65402(a).

Issue and Discussion: As directed by the Successor Agency Board and City Council, staff has negotiated a Purchase and Sale Agreement for Successor Agency and City Council approval.

Under the Purchase and Sale Agreement, the City will purchase the Property from the Successor Agency as an interim step in order to ensure that Novin can be as competitive as possible for state and federal grants and other funding sources. The City will accept the Property from the Successor Agency in a deed which restricts the use of the Property for deed-restricted affordable housing. Novin will then purchase the Property from the City for at least $1,000,000, depending on an updated appraisal after Novin receives entitlements for the proposed project. The City would accept a promissory note payable from a portion of residual receipts from the project as the additional payment for any appraised value over $1,000,000. If needed for the project, the City may elect to donate any additional appraised value above $1,000,000 to Novin to qualify as a local contribution to ensure maximum competitiveness for state and federal funding. 686
STRSA and City Council Agenda Report November 7, 2023 Page 2 of 2 The proposed project will require various amendments to applicable development standards (such as increased density), that are anticipated trough the adoption of the Tourist Core Area Plan Amendments as well as TRPA proposed amendments to their development standards, which are already underway. The project is identified as a 100% mixed-income affordable housing development project which is proposed to consist of a minimum of 75 residential units which would be deed restricted to low and/or moderate-income households for a period of no less than 55 years, as well as community amenities on the ground floor.

Following execution of the Purchase and Sale Agreement, the next steps will be to bring the Agreement to the El Dorado Countywide Oversight Board for approval of the Successor Agency disposition of the Property and receiving written confirmation of the Property’s exempt status under the Surplus Lands Act from the California Department of Housing and Community Development. The City will then close on its purchase of the Property from the Successor Agency within the next six months, prior to Novin receiving land use entitlements to construct the project.

Financial Implications: The Dissolution Acts of 2011 require the Redevelopment Successor Agency to dispose of all real property owned and acquired by the Redevelopment Agency and to sell property at fair market value. The proceeds of the sale are required to be used toward bond repayment of the Agency. The purchase and sale agreement authorizes the transfer of the property to the City for $1,000,000 and the subsequent transfer of the property from the City to Novin Development Corporation for at least $1,000,000. The City’s Resolution amends the current Fiscal Year 2023-2024 budget to appropriate $1,000,000 from General Fund Undesignated Excess Reserve for the purchase of land from the Successor Agency. Any additional fiscal impacts associated with a Predevelopment Loan and Development Agreement will be subject to City Council consideration.

Environmental Considerations: This Purchase and Sale Agreement is categorically exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15332 (In-Fill Development Projects) because it is consistent with the applicable General Plan designation and applicable policies and zoning, is on a site of no more than five acres substantially surrounded by urban uses, the project site has no value as habitat for endangered, rare, or threatened species or their habitat, approval of the project would not result in any significant effects related to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services.

Policy Implications: The effort to support and pro-actively work with private developers for the creation of affordable housing is an action item identified within the City adopted Strategic Plan.

The discussed action would be consistent with the following adopted General Plan Housing Element policies and programs:

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. 687
STRSA Resolution 2023-XXX November 7, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the South Tahoe Redevelopment Successor Agency November 7, 2023
Declaring 3900 and 3908 Lake Tahoe Boulevard to be Exempt Surplus Property and Authorizing Purchase and Sale Agreement with Novin Development Corporation

BACKGROUND
A. Under the Surplus Land Act (“SLA”), Government Code section 54220 et seq., surplus property is defined as land owned by any local agency no longer necessary for agency use.

B. Effective January 1, 2020, the SLA was amended to add requirements that local agencies must comply with prior to selling or leasing agency-owned property; and in April 2021, the California Department of Housing and Community Development adopted SLA Guidelines to implement and interpret the SLA. One of the requirements is to formally declare publicly owned property no longer necessary for the agency’ s use as surplus land and report this inventory of surplus land to HCD.

C. The South Tahoe Redevelopment Successor Agency (Successor Agency) owns two parcels located at 3900 and 3908 Lake Tahoe Boulevard (APNs 029-170-001 and -002) (Property) which qualify as “exempt surplus land” as set forth in the Purchase and Sale Agreement attached hereto as Exhibit A (Purchase Agreement).

D. On April 14, 2014, the Successor Agency approved a Long Range Property Management Plan (LRPMP) as required under the Dissolution Acts of 2011 which requires the Successor Agency to dispose of all real property owned and acquired by the former South Tahoe Redevelopment Agency, including the Property.

E. On April 18, 2014, the El Dorado Countywide Oversight Board approved the LRPMP, which was subsequently approved by the California Department of Finance on June 18, 2014.

F. On June 3, 2022, pursuant to the SLA, the Successor Agency released a Notice of Availability (NOA) to Sell/Lease Surplus Property located at 3900 and 3908 Lake Tahoe Blvd for the appraised value of $1,000,000 for development of an affordable housing project and received three proposals. Novin Development Corp. and SMR Development, LLC (Novin) and the City submitted responsive proposals and one other proposal was received that proposed purchasing the property for less than the appraised value. The proposal submitted by Novin was determined to be the most consistent with NOA criteria. To assure the ability of the Successor Agency to sell the Property as required by the LRPMP, and to increase the potential of Novin obtaining necessary project financing, under the Purchase Agreement, the Successor Agency will transfer the Property to the City at the current fair market value, and a later sale by the City to Novin. Upon sale to the City, and continuing upon a sale to Novin, the 688
STRSA Resolution 2023-XXX November 7, 2023 Page 2 of 2
Property will be deed-restricted for development of an affordable housing project for low- and moderate-income consistent with Government Code section 54221(f)(1)(F)(i).

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the South Tahoe Redevelopment Successor Agency:

1. Finds and declares that the subject property the Successor Agency is transferring to the City and the City is transferring to Novin Development Corporation, as set forth in Exhibit A, is exempt surplus property under Government Code section 54220 et seq. and the SLA Guidelines dated April 2021, for the following reasons:
a. Pursuant to SLA Guidelines section 103(b)(3)(D), the Successor Agency is transferring property to the City, another public agency, for use as a deed-restricted affordable housing project for low- and moderate-income consistent with Government Code section 54221(f)(1)(F)(i).
b. Pursuant to SLA Guidelines section 103(b)(3)(F), the City is transferring property to Novin Development Corporation for development of a deed-restricted affordable housing project for low- and moderate-income consistent with Government Code section 54221(f)(1)(F)(i).

2. Authorizes and directs the Board Chair to execute the Purchase Agreement attached hereto as Exhibit A.

Adopted by the South Tahoe Redevelopment Successor Agency Board on November 7, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cristi Creegan, Board Chair
South Tahoe Redevelopment Successor Agency
Attest:
________________________
Susan Blankenship, Secretary
South Tahoe Redevelopment Successor Agency
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Tahoe Redevelopment Successor Agency Board
689
Resolution 2023-XXX November 7, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 7, 2023
Declaring 3900 and 3908 Lake Tahoe Boulevard to be Exempt Surplus Property, Authorizing Purchase and Sale Agreement with Novin Development Corporation and Appropriating $1,000,000 from General Fund Undesignated Excess Reserves for Land Purchase

BACKGROUND
A. Under the Surplus Land Act (“SLA”), Government Code section 54220 et seq., surplus property is defined as land owned by any local agency no longer necessary for agency use.

C. The South Tahoe Redevelopment Successor Agency owns two parcels located at 3900 and 3908 Lake Tahoe Boulevard (APNs 029-170-001 and -002) which qualify as “exempt surplus land” as set forth in the Purchase and Sale Agreement attached hereto as Exhibit A (Purchase Agreement).

D. On June 3, 2022, pursuant to the SLA, the Successor Agency released a Notice of Availability (NOA) to Sell/Lease Surplus Property located at 3900 and 3908 Lake Tahoe Blvd for the appraised value of $1,000,000 for development of an affordable housing project and received three proposals. Novin Development Corp. and SMR Development, LLC (Novin) and the City submitted responsive proposals and one other proposal was received that proposed purchasing the property for less than the appraised value. The proposal submitted by Novin was determined to be the most consistent with NOA criteria. To assure the ability of the Successor Agency to sell the Property as required by the LRPMP, and to increase the potential of Novin obtaining necessary project financing, under the Purchase Agreement, the Successor Agency will transfer the Property to the City at the current fair market value, and a later sale by the City to Novin. Upon sale to the City, and continuing upon a sale to Novin, the Property will be deed-restricted for development of an affordable housing project for low- and moderate-income consistent with Government Code section 54221(f)(1)(F)(i).

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
690
Resolution 2023-XXX November 7, 2023 Page 2 of 2

2. Authorizes and directs the Mayor to execute the Purchase Agreement attached hereto as Exhibit A.

3. Amends Fiscal Year 2023-2024 budget appropriating $1,000,000 from available General Fund Undesignated Excess Reserves into account 100-01951-46010 for the land purchase from the South Tahoe Redevelopment Successor Agency.

Adopted by the City of South Lake Tahoe City Council on November 7, 2023 by the following vote:

Yes:

No:

Absent:

AND INITIAL ESCROW INSTRUCTIONS
3900 & 3908 Lake Tahoe Boulevard
South Lake Tahoe, California
This AGREEMENT OF PURCHASE AND SALE AND INITIAL ESCROW
INSTRUCTIONS (“Agreement”), dated for reference purposes only November 7, 2023, is entered into by and among NOVIN DEVELOPMENT CORP., a California corporation (“Buyer”), SOUTH TAHOE REDEVELOPMENT SUCCESSOR AGENCY (“Seller”), and the CITY OF SOUTH LAKE TAHOE, a municipal corporation (“City”).

Recitals
A. Seller is the owner of two infill parcels of undeveloped real property consisting approximately 1.16 acres in the City of South Lake Tahoe, County of El Dorado (“County”), State of California (“State”), also known as 3900 and 3908 Lake Tahoe Boulevard (Assessor’s Parcel Nos. 029-170-001 and 029-170-002), as more particularly described on Exhibit A attached hereto (“Property”).

B. City desires to purchase the Property from Seller, Seller desires to sell the Property to City, and then Buyer desires to purchase the Property from City and City desires to sell the Property to Buyer, all upon the terms, conditions and provisions set forth in this Agreement.

C. The Property was previously owned by the former South Tahoe Redevelopment Agency, and was transferred to the Seller following dissolution of all redevelopment agencies by the State of California on February 1, 2012. Pursuant to Seller’s April 2014 Long Range Property Management Plan approved by Seller’s Oversight Board and the State Department of Finance (“LRMP”), the Property was designated for sale.

D. Disposition of the Property under this Agreement is exempt from the Surplus Lands Act for the following reasons.

1. Pursuant to Government Code section 54221(f)(1)(F)(i), “exempt surplus land” includes land that is advertised to certain specified entities and who are then invited to participate in the competitive bid process for the purposes of developing a “housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 or 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located.” (See Gov’t. Code 54221(f)(1)(F)(i).)
692
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2. Pursuant to Gov’t Code section 54222(a)(1), written notice of availability for the purpose of developing housing developments referenced in recital D.1, above, shall be sent to any local public entity, as defined in Section 50079 of the Health and Safety Code, within whose jurisdiction the surplus land is located. Housing sponsors, as defined by Section 50074 of the Health and Safety Code, that have notified the Department of Housing and Community Development of their interest in surplus land shall be sent a notice of availability of surplus land for the purpose of developing low- and moderateincome housing.

3. Seller complied with Gov’t. Code section 54222(a)(1) by providing written notice on June 3, 2022 of availability for the purpose of developing the Property to those entities specified in recital D.2, above. Thereafter, three offers to develop the Property were submitted. The Buyer proposed developing the Property with a 100% mixed-income affordable housing development project which is proposed to consist of a minimum of 75 residential units which would be deed restricted to low and/or moderate income households for a period of no less than 55 years, as well as community amenities on the ground floor (“Project”). Each of Buyer and City offered to pay One Million Dollars ($1,000,000.00) for the Property, being the amount specified in that certain appraisal, dated April 13, 2022, by Johnson Valuation Group, Ltd. (“Appraisal”).

4. On August 23, 2022, Seller determined that of the three offers, the proposal from the Buyer to develop the Property was most aligned with the purpose and requirements of the Surplus Lands Act and directed staff to initiate negotiations with Novin for a purchase and sale agreement for the Property.

E. Buyer has advised Seller and City that it will need to access public financing from the State of California and other governmental agencies (whether tax-exempt bonds, tax credits, or other public subsidies) for a successful Project. As such financing and subsidy opportunities are competitive in nature, Buyer has asked the City to be able to purchase the Property for an appraised value determined at the time of application submittal in accordance with applicable requirements and regulations, rather than the current appraised price.

F. Buyer and City will, subsequent to execution of this Agreement, use reasonable efforts to enter into a mutually acceptable Predevelopment Loan and Development Agreement (“PLDA”). While execution of such a PLDA is a not an initial condition to the effectiveness of this Agreement, failure of Buyer and City to do so may result in an early termination of this Agreement.

G. Consistent with applicable Surplus Land Act (“SLA”) requirements for this type of “exempt surplus land,” immediately following recording of the City Grant Deed (as defined below) for the Property, City will record an Affordable Housing Covenant (as defined below).

NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows.
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Agreement

1. Purchase and Sale. Seller agrees to sell and convey to City and City agrees to purchase from Seller, the Property, and thereafter City agrees to sell and convey to Buyer and Buyer agrees to purchase from City, the Property, in both cases on the applicable terms and subject to the applicable conditions set forth in this Agreement.

For the purpose of this Agreement, the date on which the last party signs shall (subject to Section 2 below) be hereinafter referred to as the “Effective Date.”

2. Conditional Effectiveness of Agreement; PLDA.
(a) This Agreement shall become effective upon the satisfaction of each of the following conditions (collectively, the “Conditions Precedent to Effectiveness”) within the time period set forth herein:
(i) The Oversight Board to the South Tahoe Redevelopment Successor Agency shall have approved this Agreement.
(ii) The California Department of Housing and Community Development (“HCD”) has issued a written confirmation of the Property’s exempt status under the SLA.
(b) Seller and City shall use diligent good faith efforts to cause the Conditions Precedent to Effectiveness specified in (a) above to be satisfied on or before the Outside Date (defined below); provided, however, if the Conditions Precedent to Effectiveness have not been satisfied on or before the date that is 120 days after the Effective Date, or any other mutually agreed date by the parties each in its sole discretion (the “Outside Date”), this Agreement shall automatically terminate at 5:00 pm on the Outside Date. If this Agreement is terminated pursuant to this Section 2, Buyer shall comply with Section 32(l) below, and, except as otherwise provided in this Agreement, Seller, City and Buyer will have no further obligations or rights to one another under this Agreement.
(c) If the Conditions Precedent to Effectiveness are satisfied, the parties shall use reasonable efforts to memorialize the date thereof in a mutually executed writing.

3. Purchase Price between Seller and City.
(a) The purchase price to be paid by City to Seller (“City Purchase Price”) for the Property shall be the amount of One Million and 00/100th Dollars ($1,000,000.00). City has the right to independently verify the square footage of the improvements and land, and agrees that if the square footage varies from that recited in this Agreement or in any materials provided by Seller or any representative, such variation shall have no effect on the City Purchase Price.
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4. Payment of City Purchase Price. The City Purchase Price shall be payable by City to Seller as follows:
(a) Deposit of City Purchase Price. On or before the Close of City Escrow (as defined below), City shall deposit with an escrow company mutually agreed by Seller and City (“City Escrow Holder”) the City Purchase Price, in immediately available funds, which shall be paid to Seller at Close of City Escrow. (b) Time of the Essence. Time shall be of the essence with respect to City and Buyer’s obligations to pay all funds under this Agreement.

5. City Escrow.
(a) Opening of City Escrow. Within ten (10) calendar days after City and Seller’s mutual agreement on City Escrow Holder, City shall open escrow (“City Escrow”) with City Escrow Holder. City and Seller agree to execute and deliver to City Escrow Holder, in a timely manner, all escrow instructions necessary to consummate the City’s Property purchase and Seller’s Property sale transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control. City Escrow Holder shall, upon receipt of a fully executed copy of this Agreement, sign and date the Receipt by City Escrow Holder attached hereto, and distribute it to all parties listed in the “Notices” sections of the Agreement.
(b) Close of City Escrow. For the purpose of this Agreement, the “Close of City Escrow” shall be defined as the date that the City Grant Deed and Affordable Housing Covenant (each as defined in Section 6, below) are recorded in the Official Records of the County. The Close of City Escrow shall occur at a date and time mutually approved by City and Seller, but in no event later than six months after the date all Conditions Precedent to Effectiveness as provided in Section 2 have been satisfied and any extensions mutually agreed-upon by Seller and City.

6. Conditions of Title for City Escrow. The Property shall be conveyed to City by Seller by a grant deed, substantially in the form attached hereto as Exhibit B-1 (“City Grant Deed”), subject only to (a) such title matters (other than liens to secure payment of real estate taxes and assessments, including supplemental taxes) affecting the Property created by or with the written consent of City and Buyer; (b) the Declaration of Affordable Housing Covenants, Conditions and Restrictions, substantially in the form attached hereto as Exhibit C (“Affordable Housing Covenant”), to be recorded in the Official Records of the County immediately following the City Grant Deed; (c) all applicable laws, ordinances, rules and governmental regulations (including, but not limited to, those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Property; (d) all matters which would be apparent from an inspection of the Property; (e) all matters which would be disclosed by a survey of the 695
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Property; and (f) exceptions which are approved and/or accepted by City in accordance with Section 8(a)(i) of this Agreement (collectively, “City Approved Conditions of Title”). As the Property is publicly owned, it is exempt from property taxes, although tenants may be subject to possessory interest taxes under Revenue and Taxation Code Section 107, etc.

7. City Title Policy. Title in favor of City shall be evidenced by City Escrow Holder’s title insurance underwriter (“City Escrow Title Company”) issuing its standard California Land Title Association (“CLTA”) Owner’s Policy of Title Insurance to City in an amount equal to the City Purchase Price, showing title to the Property vested in City, subject only to the City Approved Conditions of Title (“City Title Policy”). City shall pay all expense of issuing the City Title Policy, including (if City elects to have City Escrow Title Company issue its American Land Title Association (“ALTA”) Extended Coverage Owner’s Policy of Title Insurance), the expense of such ALTA premium increment and any survey costs associated with such ALTA policy. In addition, City shall pay for any endorsements to the City Title Policy. City’s ability to obtain an ALTA policy shall not be a condition to the Close of City Escrow.

8. Conditions to Close of City Escrow.
(a) Conditions to City’s Obligations. The Close of City Escrow and City’s obligation to consummate the City’s purchase of the Property contemplated by this Agreement are subject to the satisfaction of the following conditions (or Buyer’s waiver in writing thereof) for City’s benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Escrow in the absence of a specified date:
(i) Title. Pursuant to the terms and conditions of this subsection, City shall have the right to approve any and all matters of and exceptions to title of the Property, as disclosed by the following documents and instruments (collectively, “Title Documents”): (A) a Preliminary Report issued by City Escrow Holder with respect to the Property; and (B) legible copies of all documents, whether recorded or unrecorded, referred to in such Preliminary Report. Seller shall cause City Escrow Holder to deliver the Title Documents to City and Buyer within five calendar days following the opening of City Escrow. City shall have until 5:00 PM (local time) on the date that is 30 days before the last possible date for “Close of City Escrow” (as defined and provided in Section 5(b) (“City Contingency Period”) to give Seller and Escrow Holder written notice (“City Title Notice”) of City’s approval or disapproval of the Title Documents. The failure of City to give City Title Notice to Seller within the specified time period shall be deemed City’s disapproval of the Title Documents. In the event that City Title Notice disapproves, or is deemed to have disapproved, of any matter of title shown in the City Title Documents, Seller shall, within five calendar days after City Title Notice is received by Seller, give City written notice (“Seller’s Title Notice”) of those disapproved title matters, if any, which City is unwilling or unable after reasonable and good faith efforts to have eliminated from title to the Property by the Close of City Escrow. Seller’s failure to provide Seller’s Title Notice within said five calendar day period shall be deemed Seller’s election not to remove any of the disapproved exceptions in City Title Notice. Notwithstanding the foregoing, 696
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Seller agrees to remove on the close of City Escrow any deeds of trust, if any, whereby Seller is the trustor or borrower which are currently recorded against the Property. If Seller is unable or unwilling to remove all of the title matters objected to by City in City Title Notice, or fails to deliver Seller’s Title Notice, City shall have five calendar days from receipt of Seller’s Title Notice, or expiration of the time period within which Seller is to respond, to notify Seller in writing that either (1) City is willing to purchase the Property, subject to such disapproved exceptions, or (2) City elects to terminate this transaction.

Failure of City to take either one of the actions described in clause (1) or (2) in the previous sentence shall be deemed to be City’s election to take the action described in clause (2).

If this Agreement is terminated pursuant to this Section 8(a)(i), Buyer will comply with Section 32(l) below, and, except as otherwise provided in this Agreement, Seller, City and Buyer will have no further obligations or rights to any another under this Agreement; (ii) Inspections and Studies/Costs. During the City Contingency Period, City shall have the right to conduct any and all non-destructive inspections, investigations, tests and studies (including, without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections, engineering tests, economic feasibility studies and soils, seismic and geologic reports and environmental testing) with respect to the Property as City may elect to make or maintain.

Buyer may also authorize its consultants to visit and inspect the site as necessary. The cost of any such inspections, tests and/or studies shall be borne by City.

Between the Effective Date and the Close of City Escrow, City and City’s employees, agents, contractors, subcontractors and consultants (collectively, “City’s Representatives”) shall have the right to enter upon the Property, at reasonable times during ordinary business hours upon notice to Seller at least one business day prior to entry, to perform such inspections, investigations, tests and studies. City, in performing its inspections, investigations, tests and studies hereunder shall not unreasonably interfere with the operation of the Property, and agrees to coordinate its activities on the Property with Seller in advance to avoid any such interference. Following any such tests or inspections, City agrees to promptly return any portions of the Property damaged or altered by City during such tests or inspections to substantially the same condition which existed prior to such test or inspection.

City shall indemnify, defend and hold Seller and the Property harmless from any and all claims, damages or liabilities arising out of or resulting from the entry onto or activities upon the Property by City or City’s Representatives or liens arising from City’s due diligence review of the Property. Prior to any entry on to the Property by any of City’s Representatives, City shall deliver to Seller an endorsement to a commercial general liability insurance policy which evidences that such City’s Representative is carrying a commercial general liability insurance policy with a financially responsible insurance company acceptable to Seller, covering the activities of such City’s Representative on or upon the Property. Such endorsement shall evidence that such insurance policy shall have a per occurrence limit of at least One Million and 00/100th Dollars ($1,000,000.00) and an aggregate limit of at least Three Million and 00/100th Dollars ($3,000,000.00), shall name Seller as an additional insured, and shall be primary 697
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and non-contributing with any other insurance, self-insurance or joint self-insurance available to Seller.

Prior to the expiration of the City Contingency Period, City shall deliver to Seller and City Escrow Holder written notice (“City Contingency Period Notice”) of its approval or disapproval of the Property and the Documents and Materials (as defined in Section 8(a)(viii), below). (The City Contingency Period Notice may, but need not, be combined with the City Title Notice.) The City Contingency Period Notice to the City Escrow Holder shall be accompanied by the Natural Hazards Disclosure Statement (if not yet signed and returned to Seller). The failure of City to timely deliver the City Contingency Period Notice shall be deemed to constitute City’s disapproval of the Property and the Documents and Materials. Buyer will comply with Section 32(l) below, and, except as otherwise provided in this Agreement, Seller, City and Buyer will have no further obligations or rights to one another under this Agreement.

If this Agreement is terminated pursuant to this subsection, Buyer shall deliver to Seller (a) the Documents and Materials delivered to Buyer by City or Seller, and (b) at no cost and without warranty as to correctness, copies of all reports, studies, maps and engineering studies that were generated by third parties for Buyer with respect to the Property, including, but not limited to, all environmental reports, surveys, marketing reports, geotechnical reports, lot studies and improvement plans; (iii) Other Development Matters. [Intentionally omitted] (iv) City Title Insurance. As of the Close of City Escrow, City Escrow Title Company shall have committed to issue the City Title Policy to City; (v) City’s Representations. All representations and warranties made by Seller to City in this Agreement shall be true and correct on the date hereof and shall be true and correct in all material respects as of the Close of City Escrow; (vi) Natural Hazards Disclosure Statement. No later than ten calendar days prior to the scheduled expiration of the Contingency Period, Seller shall deliver to City a Natural Hazards Disclosure Statement for the Property. City shall have approved the Natural Hazards Disclosure Statement and returned a signed copy thereof to Seller by the expiration of the Contingency Period;
(vii) City’s Obligations. As of the Close of City Escrow, Seller shall have performed all of the obligations required to be performed by Seller under this Agreement; and
(viii) Documents and Materials. Within ten calendar days after the Effective Date, Seller shall deliver to City and Buyer all of the documents and materials described on Exhibit D attached hereto, to the extent within Seller’s, or the current property manager’s, possession or control (“Documents and Materials”). Upon delivery of the Documents and Materials, Seller shall deliver an acknowledgment letter to City and 698
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Buyer setting forth the date of compliance with this Section 8(a)(viii) and setting forth the list of Documents and Materials actually delivered to City and Buyer. Seller makes no representation or warranty as to the accuracy or completeness of any of the Documents and Materials which were not prepared by Seller.
(b) Conditions to Seller’s Obligations for Close of City Escrow. The Close of City Escrow and Seller’s obligation to consummate the sale of the Property to City contemplated in this Agreement are subject to the satisfaction of the following conditions (or Seller’s waiver thereof) for Seller’s benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of City Escrow in absence of a specified date:
(i) City’s Obligations. City shall have timely performed all of the obligations required to be performed by City to that date under this Agreement; (ii) City’s Representations. All representations and warranties made by City to Seller in this Agreement applicable to City’s purchase of the Property from Seller shall be true and correct on the date hereof and shall be true and correct in all material respects as of the Close of City Escrow;
(iii) Affordable Housing Covenant. Prior to the Close of City Escrow, City shall have deposited with Escrow Holder a duly executed and acknowledged Affordable Housing Covenant, in recordable form;
(iv) City Purchase Price. City shall have timely delivered the City Purchase Price and other sums owing under this Agreement in connection with City’s purchase of the Property in good funds to City Escrow Holder and fully, faithfully and timely performed all of its other obligations under this Agreement applicable to City’s purchase of the Property from Seller; and
(v) Natural Hazards Disclosure Statement. Prior to the end of the City Contingency Period, City shall have returned a signed copy of the Natural Hazards Disclosure Statement to the Seller, which shall be mutually acceptable to both City and Seller.
(c) Failure of Condition to Close of City Escrow. If any of the conditions set forth in Section 8(a) or Section 8(b) are not timely satisfied or waived by the appropriate benefited party for a reason other than the default of Buyer or City, this Agreement shall terminate, Buyer will comply with Section 32(l) below, and except as otherwise provided herein, the parties shall have no further obligations hereunder.

9. Deposits By Seller. Prior to the Close of City Escrow, Seller shall deposit with City Escrow Holder the following documents:
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(a) City Grant Deed. The City Grant Deed, duly executed and acknowledged in recordable form by Seller, conveying fee simple title to the Property to City.
(b) FIRPTA Certificate. A certification, acceptable to City Escrow Holder, duly executed by Seller under penalty of perjury, setting forth Seller’s address and federal tax identification number in accordance with and/or for the purpose of the provisions of Sections 7701 and 1445, as may be amended, of the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder. (c) California Franchise Tax Withholding. A certification, acceptable to City Escrow Holder, that Seller is exempt from the withholding provisions of the California Revenue and Taxation Code, as may be amended from time to time, and that neither City nor City Escrow Holder is required to withhold any amount from the City Purchase Price pursuant to such provisions.

10. Deposits By City. Prior to the Close of City Escrow, City shall deposit or cause to be deposited with City Escrow Holder the following:
(a) City Purchase Price. The City Purchase Price (as adjusted by prorations provided for herein), in cash or immediately available funds. (b) Affordable Housing Covenant. Affordable Housing Covenant duly executed and acknowledged by City.

11. Purchase Price between City and Buyer.
(a) The purchase price to be paid by Buyer to City (“Buyer Purchase Price”) for the Property shall be the greater of (i) the City Purchase Price and (ii) the value determined by an appraisal performed by a “Qualified Appraiser” (as defined below), in compliance with applicable financing and subsidy requirements and regulations. Buyer has the right to independently verify the square footage of the improvements and land, and agrees that if the square footage varies from that recited in this Agreement or in any materials provided by Seller, City or any representative, such variation shall have no effect on the Buyer Purchase Price. (b) A “Qualified Appraiser” shall be an appraiser licensed in the State of California with at least 10 consecutive years’ experience in appraising properties in the South Lake Tahoe area, reasonably acceptable to both City and Buyer.

12. Payment of Buyer Purchase Price. The Buyer Purchase Price shall be payable by Buyer to City as follows:
(a) Deposit of Buyer Purchase Price. On or before Close of Buyer Escrow, Buyer shall deposit with an escrow company mutually agreed by City and Buyer (which may or may not be City Escrow Holder, “Buyer Escrow Holder”) (i) One Million 700
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Dollars ($1,000,000) in immediately available funds, which shall be paid to City at Close of Buyer Escrow, and (ii) the remainder (if any), in the form of an approximately 55 year (or longer) non-recourse subordinated secured promissory note, payable from a portion of residual receipts from the Project, in form and substance, and with such security, in form and substance reasonably satisfactory to City and Buyer. (b) Time of the Essence. Time shall be of the essence with respect to City and Buyer’s obligations to pay all funds and other closing consideration for the Buyer’s purchase of the Property under this Agreement.

13. Buyer Escrow.
(a) Opening of Buyer Escrow. Within ten (10) calendar days after Buyer and City’s mutual agreement on Buyer Escrow Holder, Buyer shall open escrow (“Buyer Escrow”) with Buyer Escrow Holder. Buyer and City agree to execute and deliver to Buyer Escrow Holder, in a timely manner, all escrow instructions necessary to consummate the Buyer’s Property purchase and City’s Property sale transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control. Buyer Escrow Holder shall, upon receipt of a fully executed copy of this Agreement, sign and date the Receipt by Buyer Escrow Holder attached hereto, and distribute it to all parties listed in the “Notices” sections of the Agreement. (b) Close of Buyer Escrow. For the purpose of this Agreement, the “Close of Buyer Escrow” shall be defined as the date that Buyer Grant Deed (as defined in Section 14, below) are recorded in the Official Records of the County. The Close of Buyer Escrow shall occur at a date and time mutually approved by City and Seller, but in no event later than the Termination Date (as defined in Section 27 below) and any extensions mutually agreed-upon thereof by City and Buyer.

14. Conditions of Buyer Title. The Property shall be conveyed to Buyer by City by a grant deed, substantially in the form attached hereto as Exhibit B-2 (“Buyer Grant Deed”), subject only to (a) such title matters (other than liens to secure payment of real estate taxes and assessments, including supplemental taxes) affecting the Property created by or with the written consent of City and Buyer; (b) the recorded Affordable Housing Covenant; (c) all applicable laws, ordinances, rules and governmental regulations (including, but not limited to, those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Property; (d) all matters which would be apparent from an inspection of the Property; (e) all matters which would be disclosed by a survey of the Property; and (f) exceptions which are approved and/or accepted by Buyer in accordance with Section 14(a)(i) of this Agreement (collectively, “Buyer Approved Conditions of Title”). As the Property will be publicly owned before Close of Buyer Escrow, it is exempt from property taxes, although tenants may be subject to possessory interest taxes under Revenue and Taxation Code Section 107, etc. 701
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15. Buyer Title Policy. Title in favor of Buyer shall be evidenced by Buyer Escrow Holder’s title insurance underwriter (“Buyer Escrow Title Company”) issuing its standard California Land Title Association (“CLTA”) Owner’s Policy of Title Insurance to Buyer in an amount equal to the Buyer Purchase Price, showing title to the Property vested in Buyer, subject only to the Buyer Approved Conditions of Title (“Buyer Title Policy”). Buyer shall pay all expense of issuing the Buyer Title Policy, including (if Buyer elects to have Buyer Escrow Title Company issue its American Land Title Association (“ALTA”) Extended Coverage Owner’s Policy of Title Insurance), the expense of such ALTA premium increment and any survey costs associated with such ALTA policy. In addition, Buyer shall pay for any endorsements to the Buyer Title Policy. Buyer’s ability to obtain an ALTA policy shall not be a condition to Close of Buyer Escrow.

16. Conditions to Close of Buyer Escrow.
(a) Conditions to Buyer’s Obligations. The Close of Buyer Escrow and Buyer’s obligation to consummate its purchase of the Property from City contemplated by this Agreement are subject to the satisfaction of the following conditions (or Buyer’s waiver in writing thereof) for Buyer’s benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Buyer Escrow in the absence of a specified date:
(i) Title. Pursuant to the terms and conditions of this subsection, Buyer shall each have the right to approve any and all matters of and exceptions to title of the Property, disclosed by the following documents and instruments (collectively, “Buyer Title Documents”): (A) a Preliminary Report issued by Buyer Escrow Holder with respect to the Property; and (B) legible copies of all documents, whether recorded or unrecorded, referred to in such Preliminary Report. City shall cause Buyer Escrow Holder to deliver the Buyer Title Documents to Buyer within five calendar days following the opening of Buyer Escrow. Buyer shall have until 5:00 PM (local time) on the date that is three (3) months prior to the Termination Date (“Buyer Contingency Period”) to give City and Buyer Escrow Holder written notice (“Buyer Title Notice”) of Buyer’s approval or disapproval of the Buyer Title Documents. The failure of Buyer to give Buyer Title Notice to City within the specified time period shall be deemed Buyer’s disapproval of the Buyer Title Documents. In the event that Buyer Title Notice disapproves, or is deemed to have disapproved, of any matter of title shown in the Buyer Title Documents, City shall, within five calendar days after Buyer Title Notice is received by City, give Buyer written notice (“City Title Notice”) of those disapproved title matters, if any, which City is unwilling or unable after reasonable and good faith efforts to have eliminated from title to the Property by the Close of Buyer Escrow. City’s failure to provide City Title Notice within said five calendar day period shall be deemed City’s election not to remove any of the disapproved exceptions in Buyer Title Notice. Notwithstanding the foregoing, City agrees to remove on the Close of Buyer Escrow any deeds of trust, if any, whereby City is the trustor or borrower which are currently recorded against the Property. If City is unable or unwilling to remove all of the title matters objected to by Buyer in Buyer Title Notice, or fails to deliver City Title Notice, Buyer shall have five calendar days from receipt of City Title Notice, or expiration of the time period within which City is to respond, to notify City 702
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in writing that either (1) Buyer is willing to purchase the Property, subject to such disapproved exceptions, or (2) Buyer elects to terminate this transaction. Failure of Buyer to take either one of the actions described in clause (1) or (2) in the previous sentence shall be deemed to be Buyer’s election to take the action described in clause (2). If this Agreement is terminated pursuant to this Section 16(a)(i), Buyer will comply with Section 32(l) below, and, except as otherwise provided in this Agreement, City and Buyer will have no further obligations or rights to one another under this Agreement; (ii) Inspections and Studies/Costs. During the Buyer
Contingency Period, Buyer shall have the right to conduct any and all non-destructive inspections, investigations, tests and studies (including, without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections, engineering tests, economic feasibility studies and soils, seismic and geologic reports and environmental testing) with respect to the Property as Buyer may elect to make or maintain. Buyer may also authorize its consultants to visit and inspect the site as necessary. The cost of any such inspections, tests and/or studies shall be borne by Buyer.

Between the Effective Date and the Close of Buyer Escrow, Buyer and Buyer’s employees, agents, contractors, subcontractors and consultants (collectively, “Buyer’s Representatives”) shall have the right to enter upon the Property, at reasonable times during ordinary calendar hours upon notice to City (and if prior to Close of City Escrow, Seller) at least one calendar day prior to entry, to perform such inspections, investigations, tests and studies. Buyer, in performing its inspections, investigations, tests and studies hereunder shall not unreasonably interfere with the operation of the Property, and agrees to coordinate its activities on the Property with City (and Seller if prior to Close of City Escrow) in advance to avoid any such interference.

Following any such tests or inspections, Buyer agrees to promptly return any portions of the Property damaged or altered by Buyer during such tests or inspections to substantially the same condition which existed prior to such test or inspection.

Buyer shall indemnify, defend and hold Seller, City and the Property harmless from any and all claims, damages or liabilities arising out of or resulting from the entry onto or activities upon the Property by Buyer or Buyer’s Representatives or liens arising from Buyer’s due diligence review of the Property. Prior to any entry on to the Property by any of Buyer’s Representatives, Buyer shall deliver to City and Seller an endorsement to a commercial general liability insurance policy which evidences that such Buyer’s Representative is carrying a commercial general liability insurance policy with a financially responsible insurance company acceptable to City and Seller, covering the activities of such Buyer’s Representative on or upon the Property. Such endorsement shall evidence that such insurance policy shall have a per occurrence limit of at least One Million and 00/100th Dollars ($1,000,000.00) and an aggregate limit of at least Three Million and 00/100th Dollars ($3,000,000.00), shall name City and Seller as an additional insured, and shall be primary and non-contributing with any other insurance, selfinsurance or joint self-insurance available to City or Seller. 703
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Prior to the expiration of the Buyer Contingency Period, Buyer shall deliver to City and Escrow Holder written notice (“Buyer Contingency Period Notice”) of its approval or disapproval of the Property and the Documents and Materials. (The Buyer Contingency Period Notice may, but need not, be combined with the Buyer Title Notice.) The Buyer Contingency Period Notice to the Escrow Holder shall be accompanied by the Natural Hazards Disclosure Statement (if not yet signed and returned to City). The failure of Buyer to timely deliver the Buyer Contingency Period Notice shall be deemed to constitute Buyer’s disapproval of the Property and the Documents and Materials. Buyer will comply with Section 32(l) below, and, except as otherwise provided in this Agreement, City and Buyer will have no further obligations or rights to one another under this Agreement.

If this Agreement is terminated pursuant to this subsection, Buyer shall deliver to City (a) the Documents and Materials delivered to Buyer by City or Seller, and (b) at no cost and without warranty as to correctness, copies of all reports, studies, maps and engineering studies that were generated by third parties for Buyer with respect to the Property, including, but not limited to, all environmental reports, surveys, marketing reports, geotechnical reports, lot studies and improvement plans.

Buyer’s defense, indemnity and hold harmless obligations under this section shall survive expiration or termination of this Agreement for any reason; (iii) Other Development Matters. Prior to Close of Buyer Escrow, and as a condition thereof:
(I) the CEQA/NEPA process for the proposed Project will have been completed;
(II) Buyer shall have obtained all discretionary land-use approvals for the proposed Project, including without limitation final development approvals from the City and the Tahoe Regional Planning Agency; (III) Buyer shall have debt and equity financing in place sufficient to fully fund development of the Project; and (IV) Buyer shall have entered into a construction contract with a general contractor for construction of the Project; and building permits ready to be issued subject to payment of applicable fees.

Notwithstanding anything to the contrary in this Agreement, the condition in Section 16(iii)(I) above is not waivable by Buyer.
(iv) Title Insurance. As of the Close of Buyer Escrow, Buyer Escrow Title Company shall have committed to issue the Buyer Title Policy to Buyer; 704
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(v) City’s Representations. All representations and warranties made by City to Buyer in this Agreement shall be true and correct on the date hereof and shall be true and correct in all material respects as of the Close of Buyer Escrow; (vi) Natural Hazards Disclosure Statement. No later than ten calendar days prior to the scheduled expiration of the Buyer Contingency Period, Seller or City shall deliver to Buyer a Natural Hazards Disclosure Statement for the Property.

Buyer shall have approved the Natural Hazards Disclosure Statement and returned a signed copy thereof to City by the expiration of the Seller Contingency Period; (vii) City’s Obligations. As of the Close of Buyer Escrow, City shall have performed all of the obligations required to be performed by City under this Agreement with respect to City’s sale of the Property to Buyer; and (viii) Documents and Materials. Within ten calendar days after the Effective Date, City shall deliver to Buyer any additional Documents and Materials within the City’s possession or control that were not previously delivered by Seller. Upon delivery of the additional Documents and Materials, City shall deliver an acknowledgment letter to Buyer setting forth the date of compliance with this Section 14(a)(viii) and setting forth the list of additional Documents and Materials actually delivered to Buyer. City makes no representation or warranty as to the accuracy or completeness of any of the Documents and Materials which were not prepared by City (b) Conditions to Buyer’s Obligations for Close of Buyer Escrow. The Close of Buyer Escrow and City’s obligation to consummate the sale of the Property to Buyer contemplated in this Agreement are subject to the satisfaction of the following conditions (or City’s waiver thereof) for City’s benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Buyer Escrow in absence of a specified date:
(i) Buyer’s Obligations. Buyer shall have timely performed all of the obligations required to be performed by Buyer under this Agreement; (ii) Buyer’s Representations. All representations and warranties made by Buyer to City in this Agreement shall be true and correct on the date hereof and shall be true and correct in all material respects as of the Close of Escrow; (iii) Buyer Purchase Price. Buyer shall have timely delivered the Buyer Purchase Price and other sums and consideration owing under this Agreement in good funds to Buyer Escrow Holder and fully, faithfully and timely performed all of its other obligations under this Agreement;
(iv) Natural Hazards Disclosure Statement. Prior to the end of the Buyer Contingency Period, Buyer shall have returned a signed copy of the Natural Hazards Disclosure Statement to the City and Seller, which shall be mutually acceptable to both Buyer and Seller; and
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(v) Performance Under PLDA. If Buyer and City have entered into a PLDA, Buyer shall have timely performed all of the obligations required to be performed by Buyer under the PLDA.
(c) Failure of Condition to Close of Buyer Escrow. If any of the conditions set forth in Section 16(a) or Section 16(b) are not timely satisfied or waived by the appropriate benefited party for a reason other than the default of Buyer or City, this Agreement shall terminate, Buyer will comply with Section 32(l) below, and except as otherwise provided herein, the parties shall have no further obligations hereunder.

17. Deposits By City. Prior to the Close of Buyer Escrow, City shall deposit with Buyer Escrow Holder the following documents:
(a) Buyer Grant Deed. The Buyer Grant Deed, duly executed and acknowledged in recordable form by City, conveying fee simple title to the Property to Buyer.
(b) FIRPTA Certificate. A certification, acceptable to Buyer Escrow Holder, duly executed by City under penalty of perjury, setting forth City’s address and federal tax identification number in accordance with and/or for the purpose of the provisions of Sections 7701 and 1445, as may be amended, of the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder. (c) California Franchise Tax Withholding. A certification, acceptable to Buyer Escrow Holder, that City is exempt from the withholding provisions of the California Revenue and Taxation Code, as may be amended from time to time, and that neither Buyer nor Buyer Escrow Holder is required to withhold any amount from the Buyer Purchase Price pursuant to such provisions.

18. Deposits By Buyer. Prior to the Close of Buyer Escrow, Buyer shall deposit or cause to be deposited with Buyer Escrow Holder the following:
(a) Buyer Purchase Price. The Buyer Purchase Price (as adjusted by prorations provided for herein), in cash or immediately available funds, together with all documents required with respect to the non-cash portion thereof. (b) Performance Under PLDA. If Buyer and City have entered into a PLDA, all documents reasonably required by City to demonstrate Buyer’s timely performance of all of the obligations required to be performed by Buyer under the PLDA.

19. Costs and Expenses. As the Seller and City are political subdivisions of the State of California, no documentary transfer taxes or recording fees are required to record either the City Grant Deed or Buyer Grant Deed under Revenue and Taxation Code Section 11922 and Government Code Section 27383, respectively. Except as otherwise specified in this Agreement, City and Seller for City Escrow, and City and Buyer 706
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for Buyer Escrow, shall equally divide all escrow fees, and costs. Buyer, City and Seller shall each pay all legal and professional fees and fees of other consultants incurred by each of them, respectively. Any costs incurred through either City Escrow or Buyer Escrow relating to the Property that are not specifically allocated to Buyer, City or Seller under this Agreement shall be apportioned in the manner customary in the County.

20. Prorations.
(a) Taxes/Assessments. [Not applicable, as the Property is publicly owned.]
(b) Other Expenses. All expenses for the Property (if any) shall be prorated between Seller and City as of 12:01 a.m. on the day of the Close of City Escrow, and between the City and Buyer as of 12:01 a.m. on the day of the Close of Buyer Escrow, in both cases, based upon the latest available information.

21. Corrections. If any errors or omissions are made regarding adjustments and prorations as set forth herein, the parties shall make the appropriate corrections promptly upon discovery thereof. If any estimates are made at the Close of City Escrow or Close of Buyer Escrow regarding adjustments or prorations, the applicable party shall make the appropriate correction promptly when accurate information becomes available.

Any corrected adjustment or proration shall be paid in cash to the party entitled thereto.

22. Condition and Inspection of Property.
(a) Notwithstanding any other provision of this Agreement to the contrary, neither Seller nor City make any representation or warranty (except as expressly set forth in Section 24 below) whatsoever regarding the Property including, without imitation:
(i) The size and dimensions of any portion of the Property; (ii) The suitability of the Property for the City or Buyer’s planned use, including availability and adequacy of water, sewage, fire protection, and any utilities serving the Property;
(iii) All matters relating to title including extent and conditions of title to the Property, taxes, assessments, and liens;
(iv) All legal and governmental laws, statutes, rules, regulations, ordinances, limitations on title, restrictions or requirements concerning the Property including zoning, use permit requirements and building codes; (v) Natural hazards, including flood plain issues, currently or potentially concerning or affecting the Property;
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(vi) The physical, legal, economic and environmental condition and aspects of the Property, and all other matters concerning the conditions, use or sale of the Property, including any permits, licenses, agreements, and liens, zoning reports, engineers’ reports and studies and similar information relating to the Property, and Hazardous Materials (as defined below). “Hazardous Materials” means any and all substances, contaminants, chemicals, wastes, sewage, materials or emissions which are now or hereafter regulated, controlled, prohibited or otherwise affected by any present or future local, state or federal statute, ordinance, code, rule, regulation, order, decree, permit or other law now or hereafter in effect including (A) any substance defined as a “hazardous substance,” “hazardous material,” “hazardous waste,” “toxic substance,” or “air pollutant” in (I) the Comprehensive Environmental Response, Compensation and Liability Act, as amended (“CERCLA”), 42 U.S.C. §9601, et seq., (II) the Hazardous Materials Transportation Act, as amended, 49 U.S.C. §1801, et seq., (III) the Resource Conservation and Recovery Act, as amended (“RCRA”), 42 U.S.C. §6901, et seq., (IV) the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251, et seq., (V) the Clean Air Act, as amended, 42 U.S.C. §7401, et seq., (VI) the Toxic Substances Control Act , as amended, 15 U.S.C. §2601, et seq., (VII) the Clean Water Act, as amended, 33 U.S. Code §1251, et seq., (VIII) the Oil Pollution Act, as amended, 33 U.S.C. §2701, et seq., (IX) California Health & Safety Code (“H&S Code”) §25100, et seq. (Hazardous Waste Control), (X) the Hazardous Substance Account Act, as amended, H&S Code §25300, et seq., (XI) the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program, as amended, H&S Code §25404, et seq., (XII) H&S Code §25531, et seq. (Hazardous Materials Management), (XIII) the California Safe Drinking Water and Toxic Enforcement Act, as amended, H&S Code §25249.5, et seq., (XIV) H&S Code §25280, et seq. (Underground Storage of Hazardous Substances), (XV) the California Hazardous Waste Management Act, as amended, H&S Code §25170.1, et seq., (XVI) H&S Code §25501, et seq. (Hazardous Materials Response Plans and Inventory), (XVII) H&S Code §18901, et seq. (California Building Standards), (XVIII) the Porter-Cologne Water Quality Control Act, as amended, California Water Code §13000, et seq., (XIX) California Fish and Game Code §5650-5656 and (XX) or any other federal, state or local laws, ordinances, rules, regulations, court orders or common law related in any way to the protection of the environment, health or safety (collectively, “Environmental Laws”); (B) any substance the presence of which at the Property causes or threatens to cause a nuisance upon the Property or to adjacent properties or poses or threatens to pose a hazard to the health or safety of human beings; and (C) any substance the presence of which at the Property or at nearby or adjacent properties could constitute a trespass. In addition to the foregoing, to the extent not already included therein, the term “Hazardous Materials” also means (I) asbestos (including asbestoscontaining materials); (II) flammable, explosive, infectious, carcinogenic, mutagenic, or radioactive materials; (III) petroleum or any substance containing or consisting of petroleum hydrocarbons (including gasoline, diesel fuel, motor oil, waste oil, grease or any other fraction of crude oil); (IV) paints and solvents; (V) lead; (VI) cyanide; (VII) DDT; (VIII) printing inks; (IV) acids; (X) pesticides; (XI) ammonium compounds; (XII) polychlorinated biphenyls; (XIII) radon and radon gas; and (XIV) electromagnetic or magnetic materials, substances or emissions;
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(vii) Any easements and/or access rights affecting the Property; (viii) The financial condition of the Property;
(ix) Any contracts and other documents or agreements affecting the Property; and
(x) Any other matter of significance affecting the Property.

23. Property Condition Waiver. Following the Close of City Escrow, City waives its right to recover from Seller, and the trustees, members, managers, directors, officers, officials, partners, employees, agents and predecessors of Seller (collectively, “Seller’s Representatives”), and hereby releases Seller and Seller’s Representatives from, any and all damages, losses, liabilities, costs or expenses whatsoever (including attorneys’ fees and costs) and claims therefor, whether direct or indirect, known or unknown, foreseen or unforeseen, which may arise on account of or in any way arising out of or connected with (i) the physical condition of the Property, (ii) the failure of any improvements or components of the Property to comply with any law or regulation applicable thereto, and (iii) the environmental condition of the Property. Following the Close of Buyer Escrow, Buyer waives its right to recover from City or Seller, and the trustees, members, managers, directors, officers, officials, partners, employees, agents and predecessors of City or Seller (collectively, “City/Seller’s Representatives”), and hereby releases City, Seller and City/Seller’s Representatives from, any and all damages, losses, liabilities, costs or expenses whatsoever (including attorneys’ fees and costs) and claims therefor, whether direct or indirect, known or unknown, foreseen or unforeseen, which may arise on account of or in any way arising out of or connected with (i) the physical condition of the Property, (ii) the failure of any improvements or components of the Property to comply with any law or regulation applicable thereto, and (iii) the environmental condition of the Property. The foregoing waivers and releases shall exclude only those losses, liabilities, damages, costs or expenses, and claims therefor, arising from or attributable to (x) a material matter actually known to Seller or City (excluding constructive notice) and (1) not disclosed to City or Buyer and (2) not discovered by City prior to the Close of City Escrow or by Buyer prior to the Close of Buyer Escrow, respectively, and (y) any breach by Seller or City, respectively of each of their express representations or warranties under this Agreement. In connection with foregoing waiver and release, each of City (with respect to Seller) and Buyer (with respect to City and Seller) expressly waives the benefits of Section 1542 of the California Civil Code, which provides as follows:
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“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”
_____________________ _____________________
City’s Initials Buyer’s Initials

24. Seller and City’s Representations and Warranties. In consideration of City and Buyer entering into this Agreement, Seller and City make the representations and warranties set forth in this Section 24. For the purpose of this Agreement, without creating any personal liability on behalf of such individual, usage of “to Seller’s actual knowledge,” or words to such effect, shall mean the present, actual knowledge of Joseph Irvin, Executive Director of Seller, excluding constructive knowledge or duty of inquiry, existing as of the Effective Date, and to “City’s actual knowledge,” or words to such effect, shall mean the present, actual knowledge of Joseph Irvin, City Manager of City, excluding constructive knowledge or duty of inquiry, existing as of the Effective Date. In the event that City, prior to Close of City Escrow, becomes aware, from Seller or otherwise, of any inaccuracy or omission in the disclosures, information, or representations previously provided to Buyer by Seller or its consultants or agents, which will have a material, adverse impact on Buyer, the Property or the intended use of the Property, City, as its sole option and remedy, may either (i) terminate this transaction, thereby waiving any claims or actions that City may have against Seller as a result of such inaccuracy or omission, or (ii) proceed with the Close of City Escrow hereunder, thereby waiving any rights that Buyer may have against Seller as a result of such inaccuracy or omission. City agrees that, under no circumstances, shall City be entitled to purchase the Property hereunder and then bring any claim or action against Seller for damages as a result of such inaccuracy or omission, except if such inaccuracy or omission is based on fraud or intentional misrepresentation by Seller. Similarly, in the event that Buyer, prior to Close of Buyer Escrow, becomes aware, from City or otherwise, of any inaccuracy or omission in the disclosures, information, or representations previously provided to Buyer by City, Seller or either of their consultants or agents, which will have a material, adverse impact on Buyer, the Property or the intended use of the Property, Buyer, as its sole option and remedy, may either (i) terminate this transaction, thereby waiving any claims or actions that Buyer may have against City or Seller as a result of such inaccuracy or omission, or (ii) proceed with the Close of Buyer Escrow hereunder, thereby waiving any rights that Buyer may have against City or Seller as a result of such inaccuracy or omission. Buyer agrees that, under no circumstances, shall Buyer be entitled to purchase the Property hereunder and then bring any claim or action against City or Seller for damages as a result of such inaccuracy or omission, except if such inaccuracy or omission is based on fraud or intentional misrepresentation by City or Seller. 710
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(a) Seller and City’s Authority.
(i) As of the Effective Date, Seller is the sole owner of fee title to the Property and has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby in the execution, delivery and performance of this Agreement. Furthermore, the execution and delivery of this Agreement has been duly authorized and no other action by Seller is required in order to make it a valid and binding contractual obligation of Seller.

The individual(s) executing this Agreement on behalf of Seller are authorized to do so. (ii) Following Close of Buyer Escrow, City will be the sole owner of fee title to the Property and will have the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby in the execution, delivery and performance of this Agreement. Furthermore, the execution and delivery of this Agreement has been duly authorized and no other action by City is required in order to make it a valid and binding contractual obligation of City. The individual(s) executing this Agreement on behalf of City are authorized to do so.
(b) No Prior Transfers. Seller has not previously sold, transferred or conveyed the Property, or (except as provided in this Agreement) granted to any other person or entity any right or interest in all or any part of the Property and Seller has not entered into any executory contracts for the sale of all or any part of the Property (other than this Agreement), nor do there exist any rights of first refusal or options to purchase the Property, other than this Agreement. Similarly, City has not previously sold, transferred or conveyed the Property, or (except as provided in this Agreement) granted to any other person or entity any right or interest in all or any part of the Property and City has not entered into any executory contracts for the sale of all or any part of the Property (other than this Agreement), nor do there exist any rights of first refusal or options to purchase the Property, other than this Agreement.
(c) Occupancy Agreements. To the Seller’s present actual knowledge and City’s present actual knowledge, there are no leases or other agreements (whether oral or written) affecting or relating to the rights of any party with respect to the possession of the Property or any portion thereof which (other than this Agreement) will be in effect after Close of City Escrow or Close of Buyer Escrow.
(d) Hazardous Materials. Except as disclosed in the Documents and Materials, to the actual knowledge of Seller and to the actual knowledge of City, the Property is not, as of the date of the Effective Date of this Agreement, in violation of any federal, state or local law, ordinance or regulation relating to Hazardous Materials (as defined herein), industrial hygiene or the environmental conditions on, under or about the Property including, but not limited to, soil and ground water condition.

25. Buyer’s Representations and Warranties. In consideration of City entering into this Agreement and as an inducement to City to sell the Property to Buyer, 711
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Buyer makes the following representations and warranties, each of which is material and is being relied upon by City (the continued truth and accuracy of which constitutes a condition precedent to City’s obligations hereunder):
(a) Buyer’s Authority. Buyer has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby in the execution, delivery and performance of this Agreement and no other action by Buyer is requisite to the valid and binding execution, delivery and performance of this Agreement. The individual(s) executing this Agreement on behalf of Buyer are authorized to do so.
(b) Enforceability. This Agreement and all documents required hereby to be executed by Buyer are and shall be valid, legally binding obligations of and enforceable against Buyer in accordance with their terms. (c) Conflicting Documents. Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor the occurrence of the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the materials breach of any terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party. (d) No Side Agreements or Representations. Buyer represents, warrants and covenants to City that Buyer has entered into this Agreement based upon its rights and intentions to independently inspect the Property. Except as specifically provided in Section 24 of this Agreement, neither City nor Seller makes any representation or warranty regarding the condition of the Property, its past use, or its suitability for Buyer’s intended use. Buyer will be relying solely upon its own independent inspection, investigation, and analysis of the Property as it deems necessary or appropriate in so acquiring the Property from City, including, without limitation, any and all matters concerning the condition, use, sale, development or suitability of the Property.

26. Damage or Condemnation Prior to Closings. Seller shall promptly notify City and Buyer of any casualty to the Property or any condemnation proceeding considered or commenced prior to the Close of City Escrow, and City shall promptly notify Buyer of any casualty to the Property or any condemnation proceeding considered or commenced after the Close of City Escrow and prior to the Close of Buyer Escrow. If any such damage or proceeding relates to or may result in the loss of any “material portion” (as defined herein) of the Property, Seller or City (with respect to Close of City Escrow) or City or Buyer (with respect to Close of Buyer Escrow) may, each at its option, elect either to (i) terminate this Agreement, in which event Buyer will comply with Section 32(l) and except as otherwise provided herein no party shall have any further rights or obligations hereunder, or (ii) continue the Agreement in effect, in which event upon the Close of City Escrow, City, and upon the Close of Buyer Escrow, Buyer, shall be entitled 712
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to any compensation, award, or other payments or relief resulting from such casualty or condemnation proceedings. The term “material portion” shall mean damages greater than One Hundred Fifty Thousand and 00/100th Dollars ($150,000.00).

27. Termination. Notwithstanding any other provision of this Agreement to the contrary, following City’s purchase of the Property from Seller and Seller’s sale of the Property to City:
(a) Unless City and Buyer sign a mutually agreed PLDA, Buyer’s right to purchase the Property from City and City’s obligation to sell the Property to Buyer shall terminate, without notice or demand, on the date that is the later of (i) 12 months following the later of date this Agreement is signed and the date all Conditions Precedent to Effectiveness as provided in Section 2 have been satisfied, and (ii) 30 days after City’s purchase of the Property from Seller and Seller’s sale of the Property to City (“Early Termination Date”). The Early Termination Date may be extended by mutual agreement by City and Buyer, each in its sole discretion.
(b) Buyer’s right to purchase the Property from City and City’s obligation to sell the Property to Buyer shall terminate, without notice or demand, on the date that is 24 months following the later of date this Agreement is signed and the date all Conditions Precedent to Effectiveness as provided in Section 2 have been satisfied (“Termination Date”). Buyer may extend this Agreement for up to two additional 12- month periods (each, an "Extension Period"), provided that Buyer submits a written notice to City of its intention to extend the Termination Date at least ten (10) days prior to the end of the then-current term, including the original term or any Extension Period. The first Extension Period shall commence immediately following the expiration of the initial 24 months period, and the second Extension Period shall commence immediately following the expiration of the first Extension Period. Any further extension of the Termination Date will require written approval of both City and Buyer, each in its sole discretion.

28. Notices. All notices, demands, consents, requests or other communications required to or permitted to be given pursuant to this Agreement shall be in writing, addressed to the parties in the manner set forth below, and be given only in accordance with the provisions of this Section 28 All such items shall be sent by: personal delivery, in which case notice is effective upon delivery; certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service (or, if delivery is not during regular business hours on a business day, then on the next business day).

The addresses of the parties to receive notices are as follows:

To Seller: South Tahoe Redevelopment Successor Agency
1901 Lisa Maloff Way,
South Lake Tahoe, CA 96150
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Attention: Joseph Irvin, Executive Director
With a copy to: Agency Attorney
South Tahoe Redevelopment Successor Agency
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
To City: City of South Lake Tahoe
1901 Lisa Maloff Way,
South Lake Tahoe, CA 96150
Attention: Joseph Irvin, City Manager
With a copy to: City Attorney
City of South Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
To Buyer: Novin Development Corp.
1990 North California Blvd., Suite 800
Walnut Creek, CA 94596
Attention: Iman Novin
Email: [email protected]
With a copy to: SMR Development LLC,
529 N. Hillview Drive
Boise, ID 83712
Attention: Shellan Rodriguez
Email: [email protected]
To City Escrow Holder: As indicated in Receipt of City Escrow Holder To Buyer Escrow Holder: As indicated in Receipt of Buyer Escrow Holder

29. Brokers. Each of Seller, City and Buyer represent that it has not engaged nor is it aware of any person entitled to any brokerage commission or finder’s fee in connection with any transaction under this Agreement. Each party agrees to indemnify the other parties against any claim asserted against or adjudged against any other party, for any brokerage commission or finder’s fee or any like compensation occasioned by or as a result of any act or omission of each such party, including all attorney’s fees, costs, expenses and any other fees incurred by, charged against or adjudicated against, the 714
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other party, whether or not suit is filed, which are related to this indemnity agreement or enforcement thereof.

30. Assignment. Buyer shall not assign its right, title or interest in this Agreement to any other party without the prior written consent of City, which determination may be withheld in Seller’s sole and absolute discretion. Buyer may, however, assign this Agreement and all of Buyer’s rights under it to an entity in which Buyer has a controlling ownership interest, subject to the terms of this Agreement, provided that (i) such assignee assumes in a writing reasonably acceptable to City, all of the obligations of Buyer, (ii) City receives prior written notice of such assignment, (iii) the original Buyer remains fully liable for all Buyer obligations under this Agreement, and (iv) the assignee agrees to execute all documents and perform all obligations of Buyer as if such assignee were the original Buyer under this Agreement.

31. CEQA. To comply with CEQA and give the public the opportunity to be aware of the environmental consequences of the Project, and to fully participate in the CEQA process, the parties acknowledge that neither Seller nor City has any obligation to approve and Buyer has no obligation to develop the Project unless and until the applicable parties have negotiated, executed and delivered mutually acceptable agreements based upon information produced from the CEQA environmental review process and any other public review and hearing processes, subject to all applicable governmental approvals.

Seller and City shall retain discretion in accordance with applicable law before action on the Project by each of Seller and City’s governing bodies to (i) identify and impose mitigation measures to mitigate significant environmental impacts, if any; (ii) select other feasible alternatives to avoid significant environmental impacts, if any; (iii) balance the benefits of the Project against any significant environmental impacts prior to taking final action if such significant impacts cannot otherwise be avoided; or (iv) determine not to proceed with the Project.

32. Miscellaneous.
(a) Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. (b) Waivers. No waiver of any breach of any covenant or provision herein contained shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act except those of the waiving party, which shall be extended by a period of time equal to the period of the delay. 715
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(c) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the grantees, transferees, successors and permitted assigns of the parties hereto.
(d) Entire Agreement. This Agreement (including all Recitals and Exhibits attached hereto), is the final expression of, and contains the entire agreement between and among, the parties with respect to the subject matter hereof and supersedes all prior understandings with respect thereto. This Agreement may not be modified, changed, supplemented, superseded, canceled or terminated, nor may any obligations hereunder be waived, except by written instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted herein.

Following Close of City Escrow, modifications to this Agreement relating solely to the City’s sale of the Property to Buyer and the Buyer’s purchase of the Property from City shall not require any consent, approval or signature by the Seller, but may be implemented solely by City and Buyer. The parties do not intend to confer any benefit hereunder on any person, firm or corporation other than the parties hereto. (e) Time of Essence. Seller, City and Buyer hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation and provision hereof and that failure to timely perform any of the terms, conditions, obligations or provisions hereof by any party shall constitute a material breach of and a non-curable (but waivable) default under this Agreement by the party so failing to perform.
(f) Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the parties to create the relationship of principal and agent, a partnership, joint venture or any other association between or among Buyer, City and Seller.
(g) Construction/Exhibits. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the parties and are not a part of the Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared the same. Unless otherwise indicated, all references to paragraphs, Sections, subparagraphs and subsections are to this Agreement. All exhibits referred to in this Agreement are attached and incorporated herein by this reference.
(h) Governing Law/Venue. The parties hereto acknowledge that this Agreement has been negotiated and entered into in the State of California. The parties hereto expressly agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. The parties hereto agree that the exclusive jurisdiction and venue for any legal action arising out of or relating to this Agreement shall be in the applicable Court of El Dorado County, 716
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California, or, in the alternative, in cases where Federal jurisdiction is available, in the United States District Court for the Eastern District of California. (i) Days of Week. A “business day,” as used herein, shall mean any day other than a Saturday, Sunday or holiday, as defined in Section 6700 of the California Government Code. If any date for performance herein falls on a day other than a business day, the time for such performance shall be extended to 5:00 p.m. on the next business day.
(j) Possession of Property. Subject to the City Approved Conditions of Title, City shall be entitled to the possession of the Property immediately following the Close of City Escrow, and subject to the Buyer Approved Conditions of Title, Buyer shall be entitled to the possession of the Property immediately following the Close of Buyer Escrow.
(k) Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
(l) Termination Documents. If this Agreement is terminated prior to either the Close of City Escrow or the Close of Buyer Escrow for any reason, Buyer shall deliver to City the following documents and materials (collectively hereinafter referred to as the “Termination Documents”): (i) the Documents and Materials delivered to Buyer by Seller or City, and (ii) at no cost and without warranty as to correctness, copies of all reports, studies, maps and engineering studies that were generated by third parties for Buyer with respect to the Property, including, but not limited to, all environmental reports, surveys, marketing reports, geotechnical reports, lot studies and improvement plans.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below.

BUYER: SELLER:

NOVIN DEVELOPMENT CORP. SOUTH TAHOE REDEVELOPMENT

SUCCESSOR AGENCY
By: By:

Name: Name:

Title: Title:

Date: Date:

ATTEST:
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By:
__________________,
Agency Clerk
APPROVED AS TO FORM:

By:

Heather Stroud,
Agency Attorney
CITY:

CITY OF SOUTH LAKE TAHOE
By:

Name:

Title:

Date:

ATTEST:

By:
__________________,
Agency Clerk
APPROVED AS TO FORM:

By:

Heather Stroud,
Agency Attorney
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Schedule of Exhibits
Exhibit A Legal Description of Property
Exhibit B-1 City Grant Deed
Schedule 1 Legal Description of Property
Exhibit B-1 Buyer Grant Deed
Schedule 1 Legal Description of Property
Exhibit C Affordable Housing Covenant
Exhibit D List of Documents and Materials
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1 RECEIPT BY CITY ESCROW HOLDER
City Escrow Holder hereby acknowledges receipt of a fully executed copy of the foregoing Agreement on this date and agrees to abide by the escrow instructions applicable to it contained therein.

City Escrow Holder:
[Name]
By:

Name: _____________________________
Its: Escrow Officer
Contact Information:
______________________________
______________________________
______________________________
Attention: _________________
Email: ____________________
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RECEIPT BY BUYER ESCROW HOLDER
Buyer Escrow Holder hereby acknowledges receipt of a fully executed copy of the foregoing Agreement on this date and agrees to abide by the escrow instructions applicable to it contained therein.

Buyer Escrow Holder:
[Name]
By:

EXHIBIT A
Legal Description of Property
The land referred to in this Agreement is situated in the State of California, County of El Dorado, City of South Lake Tahoe, and is described as follows:
[To be inserted by City Escrow Holder]
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EXHIBIT B-1
City Grant Deed
RECORDING REQUESTED BY:

WHEN RECORDED MAIL
TO AND MAIL TAX STATEMENTS TO:
(Above Space for Recorder’s Use Only)

GRANT DEED
To be recorded without fee per Government Code Section 27383 The undersigned grantor declares:

Exempt from Documentary Transfer Tax pursuant
to Section 11922 of the Revenue and
Taxation Code, as amended
County of El Dorado
WHEREAS, the Property (as defined below) was at one time owned by the South Tahoe Redevelopment Agency, a political subdivision of the State of California (“STRA”); and
WHEREAS, as part of the 2011 Budget Act, including AB1X 26, as subsequently amended, the California Legislature dissolved all redevelopment agencies throughout the State of California, including STRA, as of February 1, 2012; and

WHEREAS, THE SOUTH TAHOE REDEVELOPMENT SUCCESSOR AGENCY, a public body (“Grantor”) is now the fee owner of that certain real property in the County of El Dorado, State of California, described on Schedule 1 attached hereto (“Property”); and
WHEREAS, the CITY OF SOUTH LAKE TAHOE, a municipal corporation (“Grantee”), has agreed to purchase from Grantor a fee simple interest in the Property; and
WHEREAS, the Property transfer contemplated by this Deed is consistent with Grantor’s Long Range Property Management Plan, submitted to and approved by the Grantor’s Oversight Board and the State of California Department of Finance[, and in compliance with the California Surplus Lands Act, [insert citations]. 723
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NOW, THEREFORE,
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor, hereby grants to Grantee, the Property, subject to all matters of title or of record or any matters that would be disclosed by an accurate survey, in fee simple.

IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed as of the ___ day of ________________, 2023.

SOUTH TAHOE REDEVELOPMENT SUCCESSOR AGENCY
By:

Name:

Title:
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ACKNOWLEDGMENT
State of California )
) ss
County of ___________ )
On , before
me,___________________________________________,
(Name of Notary)
notary public, personally appeared
_________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Notary Signature)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
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SCHEDULE 1
Legal Description of Property
The land referred to in this Deed is situated in the State of California, County of El Dorado, City of South Lake Tahoe, and is described as follows:
[To be inserted by City Escrow Holder]
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EXHIBIT B-2
Buyer Grant Deed
RECORDING REQUESTED BY:

WHEN RECORDED MAIL
TO AND MAIL TAX STATEMENTS TO:
(Above Space for Recorder’s Use Only)

GRANT DEED
To be recorded without fee per Government Code Section 27383 The undersigned grantor declares:

Exempt from Documentary Transfer Tax pursuant
to Section 11922 of the Revenue and
Taxation Code, as amended
County of El Dorado
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SOUTH LAKE TAHOE, a municipal corporation (“Grantor”), hereby grants to NOVIN DEVELOPMENT CORP., a California corporation (“Grantee”), all of that certain real property in the County of El Dorado, State of California, described on Schedule 1 attached hereto (“Property”), subject to all matters of title or of record or any matters that would be disclosed by an accurate survey, in fee simple.

IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed as of the ___ day of ________________, 202__.

CITY OF SOUTH LAKE TAHOE
By:

Name:

Title:
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Notary Signature)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
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SCHEDULE 1
Legal Description of Property
The land referred to in this Deed is situated in the State of California, County of El Dorado, City of South Lake Tahoe, and is described as follows:
[To be inserted by Buyer Escrow Holder]
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EXHIBIT C

FORM OF DECLARATION OF AFFORDABLE HOUSING COVENANTS, CONDITIONS

AND RESTRICTIONS

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of South Lake Tahoe
1901 Lisa Maloff Way,
South Lake Tahoe, CA 96150
Attention: City Clerk

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
Space above this line for Recorder’s use

DECLARATION OF AFFORDABLE HOUSING COVENANTS,

CONDITIONS AND RESTRICTIONS
This Declaration of Affordable Housing Covenants, Conditions and Restrictions (this “Declaration”) is entered into effective as of __________, 20__ (“Effective Date”) by the CITY OF SOUTH LAKE TAHOE, a municipal corporation (“Declarant” and “City”).

Recitals
A. Pursuant to that certain Purchase and Sale Agreement dated as of ______________, 2023 between Declarant, South Tahoe Redevelopment Successor Agency (“Seller”) and Novin Development Corp. (“Buyer”) (the “PSA”), City has acquired the real property located at 3900 and 3908 Lake Tahoe Boulevard in the City of South Lake Tahoe, California, Assessor’s Parcel Nos. 029-170-001 and 029-170-002, and more particularly described in Attachment A attached hereto and incorporated herein (the “Affordable Housing Site”).

B. Any project built on the Affordable Housing Site (“Project”), whether by the initial Declarant or a successor, must, at a minimum, satisfy the requirements for a specific type of housing development pursuant to Gov’t. Code 54221(f)(1)(F)(i), as specified in this Declaration.

NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Declarant hereby agrees as follows.
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1. Incorporation of Recitals; Intent of Declaration. Declarant acknowledges the truth of the foregoing Recitals, which are incorporated into this Declaration by this reference. The purpose of this Declaration is to provide notice of the development, occupancy and affordability requirements that apply to the Affordable Housing Site and the Project to be developed thereon. Declarant intends the covenants set forth in this Declaration to run with the land and to be binding upon Declarant and Declarant’s successors and assigns including without limitation if applicable, Buyer and Buyer’s successors and assigns.

2. Development, Use and Affordability Restrictions. Declarant hereby covenants and agrees, for itself and its successors and assigns, that the Affordable Housing Site shall, as provided in Gov’t Code section 54221(f)(1)(F)(i), be used solely for the development and operation of a rental housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in Health and Safety Code section 50079.5, with an affordable rent, as defined in Health and Safety Code section 50052.5, for a minimum of 55 years following completion of the Project, and in no event shall the maximum rent level be higher than 20 percent below the median market rents for the neighborhood in which the Affordable Housing Site is located. “Completion of the project” shall mean the date upon which the last certificate of occupancy for the Project is issued by the City of South Lake Tahoe.

3. Remedies for Breach. Upon any default under this Declaration by Declarant or by Declarant’s successors and assigns, City (notwithstanding any transfer of the initial Declarant’s interest in the Property) may seek specific performance of the terms hereof, and may enjoin acts that may be in violation of this Declaration. Failure by City to enforce any provision contained herein shall not be deemed a waiver of the right to do so as to any continuing, subsequent, or other violation. This Section is not intended to limit City’s ability to exercise any applicable remedy available to City pursuant to any agreement or at law. All remedies available to City shall be cumulative and not exclusive.

4. Binding on Successors in Interest; Provisions Run With the Land. The Affordable Housing Site, and each and every portion thereof, shall be held, sold, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the limitations, covenants, conditions and restrictions set forth in this Declaration, all of which shall run with the land, shall constitute equitable servitudes, shall be binding on all parties having or acquiring any right, title or interest in such property or portion thereof, and their respective heirs, successors and assigns, and shall inure to the benefit of City and its successors and assigns. It is the intent of the Declarant that this Declaration shall satisfy the requirements of California Civil Code Section 1468.

Without limiting the foregoing, the Declarant hereby declares that it is its express intent that the covenants, restrictions and conditions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Declarant’s successors in title to the Affordable Housing Site. Each and every contract, deed, ground lease or other instrument affecting or conveying the Affordable Housing Site or the Project 731
3 4890-7058-9575 v4
or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. Declarant agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Affordable Housing Site and the Project in favor of City.

5. Recordation; Subordination. This Declaration shall be recorded in the Official Records of El Dorado County concurrently with the recordation of the grant deed conveying the Affordable Housing Site to Declarant. Declarant hereby represents, warrants and covenants that with the exception of easements of record, absent the written consent of City, this Declaration shall not be subordinated in priority to any lease, ground lease, security agreement, deed of trust, mortgage, lien, encumbrance, or other interest in the Affordable Housing Site or the Project.

6. Reconveyance. Upon the termination of this Declaration, the thenDeclarant parties and the City (if different) agree to execute and record appropriate instruments to release and discharge this Declaration.

7. Mortgagee Protection. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Project or the Affordable Housing Site, and the purchaser at any trustee’s sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. Such purchaser shall be bound by and subject to this Declaration from and after such trustee’s sale or foreclosure sale. Promptly upon determining that a violation of this Declaration has occurred, City shall give written notice to the holders of record of any mortgages or deeds of trust encumbering the Project or the Affordable Housing Site that such violation has occurred.

8. Estoppel Certificate. At any time during the term hereof, City, Declarant, or any party owning an interest in any parcel comprising the property that is the subject of the PSA may request an estoppel certificate from Declarant or City attesting to such party’s compliance with the terms and provisions of this Declaration. A party making a request for an estoppel certificate shall provide Declarant or City, as applicable, with all documentation reasonably necessary for Declarant or City to form an opinion as to compliance or non-compliance with the provisions hereof. After receiving such a request and the necessary supporting documentation, Declarant or City, as applicable, shall respond, in writing, within ten (10) calendar days following the date of receipt and shall either confirm compliance with the terms and provisions of this Declaration or shall state in reasonable detail any alleged failure to comply and the steps necessary to cure such lack of compliance.

9. Miscellaneous.
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(a) Amendments. This Declaration may be amended or modified only by a written instrument signed by the Declarant and (if different) City or their respective successors in interest.
(b) No Waiver. Any waiver by City (in its capacity of City, not as Declarant) of any term or provision of this Declaration must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Declaration or applicable law. No failure or delay by City at any time to require strict performance of any provision of this Declaration or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. (c) Notices. All notices to be sent pursuant to this Declaration shall be made in writing, and sent to the parties at their respective addresses specified below or to such other address as a party may designate by written notice delivered to the other parties in accordance with this Section 9(c). All such notices shall be sent by: personal delivery, in which case notice is effective upon delivery; certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service (or, if delivery is not during regular business hours on a business day, then on the next business day).

City: City of South Tahoe
1901 Lisa Maloff Way,
South Lake Tahoe, CA 96150
Attention: City Manager
With a copy to: City Attorney
City of South Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
Declarant: City of South Tahoe
1901 Lisa Maloff Way,
South Lake Tahoe, CA 96150
Attention: City Manager
With a copy to: City Attorney
City of South Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
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(d) Further Assurances. The City and Declarant (if different) shall execute, acknowledge and deliver to the other such other documents and instruments, and shall take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Declaration.
(e) Parties Not Co-Venturers; No Agency Relationship. Following the initial Declarant’s transfer of the Property to a successor, nothing in this Declaration is intended to or shall establish the then-Declarant and City as partners, co-venturers, or principal and agent with one another. The relationship of such Declarant and City shall not be construed as a joint venture, equity venture, partnership or any other relationship.

City neither undertakes nor assumes any responsibility or duty to any successor Declarant or to any third party with respect to the Project.
(f) Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Declaration are for convenience only and shall not be used to interpret this Declaration. The language of this Declaration shall be construed as a whole according to its fair meaning and not strictly for or against any party. All references in this Declaration to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of South Lake Tahoe shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.
(g) Time is of the Essence. Time is of the essence in the performance of this Declaration.
(h) Governing Law; Venue. This Declaration shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Declaration shall be filed and heard in the Superior Court of El Dorado County, California or in the Federal District Court for the Eastern District of California.
(i) Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action. (j) Severability. If any provision of this Declaration is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. (k) Entire Agreement. This Declaration contains the entire agreement of the applicable parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between or among the parties with respect thereto. (l) Counterparts. This Declaration may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
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[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the City and Declarant has executed this Declaration of Affordable Housing Covenants, Conditions and Restrictions as of the date first written above.

DECLARANT AND CITY:

CITY OF SOUTH LAKE TAHOE, a
California municipal corporation
By: ____FORM – DO NOT SIGN____
Name:

Its:

ATTEST:
__________________________, City
Clerk
APPROVED AS TO FORM:
_______________________, City
Attorney
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ACKNOWLEDGEMENTS

STATE OF CALIFORNIA )
)
COUNTY OF ____________ )
On _______________, 20__, before me,
_______________________________________, Notary Public, personally appeared _________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________ (Seal)
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4890-7058-9575 v4

ATTACHMENT A

AFFORDABLE HOUSING SITE
[Legal description to be inserted.]
738
Exhibit D - 1
4890-7058-9575 v4

EXHIBIT D
List of Documents and Materials

1. All reports, maps, and studies relating to Property in Seller or City’s possession to Seller's actual knowledge (as defined in the Agreement)

2. Such additional documents as Buyer may reasonably request concerning the Property in Seller or City’s possession to Seller's actual knowledge (as defined in the Agreement).

Property as used herein, means the subject Property and not any surrounding Property.

Buyer may not rely on any reports or studies because they are not issued in Buyer’s name.
739
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741
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744
745
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751
752
753
754
755
756
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:28
Agenda Item: Planning Commission Vacancy
Executive Summary: Commissioner Nick Speal resigned from the Planning Commission on September 27, 2023. Per Resolution 2023-013 City Commissions and Boards, the City Council may fill the vacancy by appointing a member from the Applicant List maintained by the City Clerk. The City Clerk reached out to the five people on the Applicant List for the Planning Commission, asking if they would like to be considered for the position. The City Clerk received a response from Jackson Realo and Doug Williams indicating they would like to be considered for the position. City Council may fill the vacancy from the Applicant List or direct the City Clerk to continue to solicit for applications.

Requested Action / Suggested Motions: Pass a Motion to 1) appoint one applicant from the Applicant List to serve the remaining term (expiring 2/2025) on the Planning Commission; or, 2) provide direction to the City Clerk to continue to recruit for this position.

Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Heather Stroud, City Attorney Attachments:
01-Staff Report - Planning Commission Vacancy.docx
02-Resignation from the Planning Commission_Redacted.pdf 03-Open Vacancy on the City of South Lake Tahoe Planning Commission.pdf 04-Notice of Solicitation - Boards and Commission.pdf
05-Res 2023-013 City Commission-Boards- Committees.pdf
06-Realo Application.pdf
07-Williams Application.pdf
757
Council Agenda Report November 7, 2023 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Planning Commission Vacancy
Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Background: Commissioner Speal resigned from the Planning Commission on September 27, 2023 (term expiring 2/2025).

Per Resolution 2023-013 City Commissions and Boards:
“In the event of a vacancy on any Commission or Board, the City Council may appoint from the names remaining on the "Applicant List," and the Appointee selected would serve the remainder of the unexpired term.”
On September 17, 2023, the City Clerk contacted the five people on the Applicant List for the Planning Commission, asking if they would like to be considered for the position. The City Clerk received a response from Jackson Realo and Doug Williams indicating they would like to be considered for the position.

Issue and Discussion: City Council may fill the vacancy from the Applicant List or direct the City Clerk to continue to solicit for applications.

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

Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: The filling of vacancies conforms to Resolution 2023-013. 758
From: Nick Speal
Subject: Resignation from the Planning Commission
Date: Wednesday, September 27, 2023 6:53:27 PM
To the Planning Commission and City Staff,
I am sad to report that I must submit my resignation from the Planning Commission, effective today. I was just appointed to the Tahoe Transportation District's Board of Directors, and unfortunately there is a possibility that the California Attorney General would find the two positions to be incompatible to serve simultaneously. So out of caution, I reluctantly resign.

It was such an honor to serve on the Planning Commission with my fellow commissioners, and to work with staff especially through the Area Plan amendments. I deeply appreciate your patience as I have learned to navigate the City's processes and procedures and tried my best to incrementally make South Lake Tahoe a more affordable and sustainable place to live. I appreciate your ongoing work to that effect.

Planning and Transportation aren't far apart, and I look forward to continued collaboration with you all in this new role. Please feel welcome to contact me at my personal email address:

Sincerely,
Nick Speal
This is a verified communication from the City of South Lake Tahoe. If you suspect that this message was not sent from a verified source, contact the City of South Lake Tahoe IT department at [email protected]
759
From: Susan Blankenship
Cc: Susan Blankenship
Subject: Open Vacancy on the City of South Lake Tahoe Planning Commission Date: Thursday, September 28, 2023 1:51:14 PM
Attachments: image001.png
Good afternoon, one of our Planning Commissioners has resigned from the Commission and you are being contacted from our existing Applicant List. City Council will consider filling the vacancy at their October 17 meeting.

Please let me know if you would like to be considered for the position at your earliest convenience.

Those that respond by October 10 will be brought forward to City Council for consideration.

Thank you in advance for your support.

Sincerely,
Susan Blankenship, CMC
City Clerk
City of South Lake Tahoe, CA
o/(530) 542-6005
c/(530) 318-0496
f/(530) 542-7411
[email protected]
http://www.cityofslt.us
Please note that email correspondence with the City of South Lake Tahoe, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

This is a verified communication from the City of South Lake Tahoe. If you suspect that this message was not sent from a verified source, contact the City of South Lake Tahoe IT department at [email protected]
760
City of South Lake Tahoe
Notice of Solicitation of Applications
Planning Commission (two seats, one vacancy)
Building and Housing Board of Appeals (three seats)
Parks & Recreation Commission (three seats)
Arts, Culture, & Tourism Commission (three seats)
Police Advisory Commission (two seats)
NOTICE IS HEREBY GIVEN that the City Council of the City of South Lake Tahoe is soliciting for applications for appointment to the following city commissions/boards:

Planning Commission:

The City Council will be appointing two (2) members to serve two-year terms on the Planning Commission. One vacancy (term expiring 2/2025) will be considered until the position is filled. Applicants must reside within the city limits. The Planning Commission meets monthly assuming there is business to conduct.

Building Board of Appeals:

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

Parks & Recreation Commission:

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

Arts, Culture, & Tourism Commission:

The City Council will be appointing two (2) members and one (1) non-voting representative of the Lake Tahoe Visitors Authority or the Lodging Association to serve two-year terms on the Arts, Culture, & Tourism Commission. Applicants must reside within the Tahoe Basin portion of El Dorado County. The Arts, Culture, & Tourism Commission meets at least quarterly.

Police Advisory Commission:

The City Council will be appointing two (2) members to serve two-year terms on the Police Advisory Commission. Applicants must reside within the Tahoe Basin portion of El Dorado County. The Police Advisory Commission meets at least quarterly.

Applications:

Applications may be obtained at City Hall located at 1901 Lisa Maloff Way, South Lake Tahoe, between 8:00 a.m. and 3:00 p.m., Monday through Friday. Applications can also be downloaded from the City's website at www.cityofslt.us, or emailed to interested parties upon request to the City Clerk's Office.

Completed applications must be returned to the City Clerk's Office (email preferred [email protected]) no later than 4:00 p.m., on Thursday, December 28, 2023.

The City Council will be making the appointments at a regularly scheduled meeting in January 2024 (to be announced).

Planning Commission Vacancy
All qualified applications may be considered to fill this vacancy at an earlier City Council meeting until filled.

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

For questions, please contact Susan Blankenship, City Clerk at 542-6005 or via email at [email protected] 761
Res 2023-013
March 14, 2023 Page 1 of 6
Resolution 2023-013
Adopted by the City of South Lake Tahoe
City Council
March 14, 2023
City Commissions, Boards, and Committees
Replacing Resolution 2022-011 and Resolution 2018-111)

BACKGROUND
A. The City of South Lake Tahoe Commissions, Boards, and Committees consist of 1) Airport Land Use Commission; 2) Building and Housing Board of Appeals; 3) Parks and Recreation Commission; 4) Planning Commission; 5) Police Advisory Commission; 6) Arts, Culture and Tourism Commission; and 7) Independent Citizens’ Oversight Committee ( Measure P).

B. This resolution provides the City Council, City staff and the public information regarding the structure, duties, qualifications and responsibilities of City Commissions, Boards and Committees.

C. This resolution provides the process for the appointment and removal of commissioners and board members and the general policies and procedures of City Commissions, Boards, and Committees.

D. This resolution assists in facilitating the City Commission, Board, and Committee operations and in maximizing public participation.

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

Section 1. Application Process/ Appointment Process/ Removal:

Application Process: Applications to serve on City Commissions, Boards, and Committees shall be received by the City Clerk on an ongoing basis and a solicitation/ recruitment shall be held commencing annually for any open seats on October 1 (or as soon thereafter). Appointments to Boards and Commissions shall be made only from persons who have applied.

Persons interested in serving may pick up an application from the Office of the City Clerk located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, California or downloaded from the City of South Lake Tahoe, City Commissions, Boards, and Committees webpage. Applications will also be mailed, faxed or emailed upon request to the Office of the City Clerk.

During the solicitation/ recruitment period, completed applications must be returned to the City Clerk by the deadline set forth in the Notice for the Solicitation period. 762
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The City Clerk shall notify all current commissioners and applicants remaining on the Applicant List.

Appointment Process: The City Clerk will provide the City Councilmembers with copies of all applications received by the prescribed deadline.

The City Clerk will notify all applicants of the date and time of the City Council meeting when appointments will be made. Applicants are encouraged to attend the meeting and be available if they wish to address the City Council or if the City Council wishes to interview the applicant.

The City Council will vote for their appointments following City Council Protocols, ll. Rules of Conduct, 10. Procedure for Motion.

After the appointments have been made, the City Clerk will administer an oath of office to each newly appointed commissioner at their first commission meeting and will provide each commissioner with a copy of the City Commission Handbook which will include this resolution, the City's Code of Ethics and FPPC Financial Disclosure Statements ( see Section 4). Those selected, but not present at the Council meeting, will be notified by the City Clerk' s Office oftheir appointment.

In accordance with Government Code Section 54972, the City Clerk will prepare and maintain an Appointment List of the names and terms of those voted upon to serve on each City Commission.

Those applicants not appointed will be placed on an Applicant List prepared by the City Clerk' s Office. The Applicant List will be maintained until the commencement of the next solicitation period. In the event of a vacancy on any Commission or Board, the City Council may appoint from the names remaining on the "Applicant List," and the Appointee selected would serve the remainder of the unexpired term.

Removal: Any Commission, Board, or Committee member may be removed at any time during his or her term, with or without cause, by a majority vote of the City Council.

Section 2. Residency Requirements
The following residency requirements shall apply to members of City Commissions, Boards, and Committees.

A. Members of the Airport Land Use Commission, Arts, Culture and Tourism Commission, Building and Housing Board of Appeals, Independent Citizen’ s Oversight Committee, Parks and Recreation Commission, and Police Advisory Commission, shall reside within the Tahoe Basin portion of El Dorado County.

B. Members of the Planning Commission shall reside within the City limits. 763
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Section 3. Structure Terms of Office and Qualifications The Airport Land Use Commission shall consist of two (2) members and shall serve two-year terms, commencing in February of odd numbered years.

The Arts, Culture, and Tourism Commission shall consist of five (5) voting members and two 2) non-voting representatives, serving two-year staggered terms. Three ( 3) members and one (1) non-voting representative shall have terms commencing in February of odd numbered years and two (2) members and one (1) non-voting representative shall have terms commencing in February of even numbered years. One non-voting representative even years) will be selected from the South Lake Tahoe Tourism Improvement District or Lake Tahoe Lodging Association and One (1) non-voting representative ( odd years) will be selected from the South Lake Tahoe Boys and Girls Club organization. The commission will seek to include members that have a background in tourism and public arts or a multi-cultural perspective. At least one member shall be a youth member with the qualifications listed above. In the event that a youth member does not apply, or are not selected by City Council, then the one position will be available to the general public.

The Building and Housing Board of Appeals shall consist of at least three ( 3) members, but no more than five (5) members and shall serve two-year terms, commencing in February of odd or even numbered years.

The Independent Citizens’ Oversight Committee shall consist of at least five (5) members serving four (4) year terms commencing in February. The Committee shall end upon the completion of the construction of the new recreation complex.

The Parks and Recreation Commission shall consist of seven ( 7) members serving two-year staggered terms. Four (4) members shall have terms commencing in February of odd numbered years and Three ( 3) members shall have terms commencing in February of even numbered years.

The Planning Commission shall consist of five (5) members serving two-year staggered terms. Three ( 3) members shall have terms commencing in February of odd numbered years and two (2) members shall have terms commencing in February of even numbered years.

The Police Advisory Commission shall consist of five (5) members serving two-year staggered terms. Three ( 3) members shall have terms commencing in February of odd numbered years and two (2) members shall have terms commencing in February of even numbered years. Two members will be reserved for members of the multicultural alliance.

In the event two members from the multicultural alliance do not apply, or are not selected by City Council, then the 2 positions will be available to the general public.

Section 4. Adoption of Rules and Procedures
Each Commission, Board, or Committee may adopt its own rules of procedure, provide for the selection of officers, and take such other steps as reasonably required for the conduct of business in conformity with the laws of the State of California. 764
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The Arts, Culture, and Tourism Commission; Parks and Recreation Commission; and Police Advisory Commission, shall meet at least quarterly; the Planning Commission shall meet monthly assuming there is business to conduct; the Airport Land Use Commission, Building and Housing Board of Appeals, and Independent Citizens’ Oversight Committee shall meet on an as needed basis. There may be the need or occasion( s) for a Commission, Board, or Committee to hold a special meeting.

In the event any Commissioner, Board, or Committee member has three (3) absences in one calendar year ( assuming there have been scheduled meetings to attend), their seat will be deemed to have been vacated and a new appointment will be made in a manner consistent with this resolution.

The Airport Land Use Commission, Arts, Culture, and Tourism Commission, Building and Housing Board of Appeals, Independent Citizens’ Oversight Committee, Parks and Recreation Commission, and Planning Commission members are required to comply with the State of California Political Reform Act, regulated by the Fair Political Practices Commission, by filing a Statement of Economic Interests Form 700 with the City Clerk. If any member fails to file the required disclosure statement after written notice from the City Clerk, their seat shall be deemed vacated, and a new appointment will be made in a manner consistent with this resolution.

Section 5. Duties and Responsibilities
Members of Boards and City Commissions shall have the following duties and qualifications:

A. Airport Land Use Commission: The City's Planning Commission, when augmented with the Airport Land Use Commission, shall exercise the following responsibilities set forth in the Airport Comprehensive Land Use Plan (CLUP) under the authority of the California. Public Utilities Code, Chapter 4, Article 3.5, as follows:

1. The adoption of a basic Airport Land Use Commission Policy Plan, as adopted by the ALUC.

2. The adoption of land use plans for individual airports, as adopted by the South Lake Tahoe ALUC for Lake Tahoe Airport.

3. The incorporation of the land use compatibility guidelines contained in the CLUP into the general plan and land use regulations by cities and counties with jurisdiction over any geographic area subject to the CLUP.

4. ALUC review and determination of compatibility of individual development proposals, general plan amendments, and other land use plans and regulations around airports.

B. Building and Housing Board of Appeals: 1) Hear and decide appeals of orders, decisions or determinations made by the Building Official in the application and interpretation of the Building and Housing related codes adopted by the City Council. 2) Hear and decide appeals regarding requirements of the City relating to the use, maintenance and change of occupancy of buildings and structures, including requirements governing alteration, additions, repair, demolition and moving. 3) Hear 765
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and decide appeals relating to new building construction and appeals relating to existing buildings.

The Board shall have no administrative authority, nor shall it be entitled to waive provisions of the Code in deciding on appeal.

C. Arts, Culture and Tourism Commission: 1) Act in advisory capacity to the City Council and no express authority or power to act on behalf of the City is hereby delegated. 2) Review proposed policies on Arts, Culture and Tourism programs and report findings. 3) Review proposed public arts projects and make recommendations for appropriation of funds for specific projects.

D. Independent Citizens’ Oversight Committee: 1) Act in advisory capacity to the City Council and no express authority or power to act on behalf of the City is hereby delegated. 2) The Committee shall receive and review the independent financial audit of the City Measure P transactions and other City financial reports necessary to review and report on the use of revenue from Measure P and advise the City Council of its findings and make recommendations for the use of funding during the design and construction of the new recreational complex.

E. Parks and Recreation Commission: 1) Advise the City Council concerning proposed policies relating to parks and recreation department operations within the City. 2) Review and recommend capital improvement projects in parks and recreation facilities within the City.

F. Planning Commission: 1) Assist in the preparation, update of and recommendations to the City Council concerning the general plan for the physical development of the City. 2) Perform those duties set forth in Article 7 of the California Government Code under such conditions as the City Council may from time to time establish. 3) Serve as the Delinquent Refuse Hearing Board.

G. Police Advisory Commission: 1) Review and discuss Police Department policy. 2) Receive, review, and discuss annual police employee personnel complaint statistics including number, nature, and outcomes of complaints. 3) Receive, review, and discuss various transparency related reports on RIPA data, use of force, and other information as directed by the commission and allowable by law. 4) Advise and assist the Police Department on recruitment strategies focusing on local and underrepresented populations. 5) Collaborate on community outreach strategies and local cultural competency training for police employees. 6) Open forum to discuss any other police/ community issues.

Any decision of any board or commission may be appealed to the City Council in accordance with the procedures established for that purpose.

In order to keep the City Council better informed, all City Commissions, Boards, and Committees via their Commission/ Board Clerk, shall provide the City Council with copies of all City Commission/ Board agendas and minutes. Each City Commission and Board 766
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shall have the opportunity at each City Council meeting, under agenda item City Commission Reports, to provide a brief report on their commission' s activities. All City Commissions, Boards, and Committees shall make a formal written report to the City Council annually at the Council' s November meeting.

Section 6. Miscellaneous Matters
All members of Commissions, Boards, and Committees shall be unpaid volunteers and not employees of the City. All members of Boards or Commissions shall be subject to the City's Code of Ethics and the City Clerk shall provide a copy of the City Commission Handbook, which includes the Code of Ethics, to each member of a Commission or Board upon their appointment.

To minimize operational costs, all meetings shall be scheduled in such a manner to reduce or eliminate the payment of overtime to city staff.

Any proposed training and travel expenditures will be provided by city staff to the City Manager for approval.

In compliance with the Brown Act, all meetings shall be open and public, and each meeting shall be audio or video recorded. Action Minutes shall constitute the official Minutes of Commission, Board, or Committee meetings and will serve as documentation of actions taken. Agenda packets shall be made available to the public for review at no charge. Copies, upon request, shall be assessed a fee consistent with the City's Fees & Charges Resolution adopted by the City Council.

The City Council may determine the need or necessity to appoint a Councilmember or City Staff member to serve as liaison to a City Commission, Board, or Committee which could occur during their Councilmember Appointments and Assignments that are held during the second City Council meeting in January of each year or otherwise at a regular meeting in which the item is placed on the agenda.

Section 7. All resolutions in conflict herewith are hereby repealed.

Adopted by the City of South Lake Tahoe City Council on March 14, 2023, by the following vote:

Yes: Bass, Creegan, Friedrich, Robbins and Wallace
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
Sue Blankenship ( Mar 15, 2023 08: 39 PDT)
Cristi Creegan ( Mar 16, 2023 15: 37 PDT)
Cristi Creegan Mar 16, 2023
767
Res 2023-013 City Commission-Boards
Final Audit Report 2023- 03-16
Created: 2023- 03-14
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAy1vMDMm7WpAKxF1Xi_ zlG27X04UlylVM Res 2023-013 City Commission- Boards" History
Document created by jo Mcdonough ([email protected]) 2023- 03- 14 - 11:37:13 PM GMT- IP address: 128. 92.136. 146 Document emailed to Sue Blankenship ([email protected]) for signature 2023- 03- 14 - 11:39:59 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2023- 03- 15 - 3:38:50 PM GMT- IP address: 104. 47.65.254 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023- 03-15 - 3:39:08 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to [email protected] for signature 2023- 03- 15 - 3:39:09 PM GMT
Email viewed by [email protected]
2023- 03- 16 - 10:37:19 PM GMT- IP address: 47.25.118. 95 Signer [email protected] entered name at signing as Cristi Creegan 2023- 03- 16 - 10:37:35 PM GMT- IP address: 47.25.118. 95 Document e-signed by Cristi Creegan ([email protected]) Signature Date: 2023- 03-16 - 10:37:37 PM GMT - Time Source: server- IP address: 47.25.118. 95 Agreement completed.
2023- 03- 16 - 10:37:37 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. 768

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

CITY OF SOUTH LAKE TAHOE

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

RESIDENCE:

MAILING ADDR
RESIDENCY: (Please select one)

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

EMPLOYER:

EDUCATION/EXPERIENCE:

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

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

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

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

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

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

In my view, the main role of the Planning Commission is to aid in making recommendations to City Council regarding development regulations and policies in the City's General Plan and to review and provide feedback to City staff on development projects requiring Planning Commission approval. In addition to these primary duties, I hope to help align future development within the City of South Lake Tahoe with the City's ambitious sustainability and climate action goals, including renewable energy generation, EV charging infrastructure, maximized energy efficiency measures, scenic quality, transportation best-practices, and equitable housing development projects. Most importantly though, I hope to provide helpful insight to break down barriers to environmentally-beneficial redevelopment projects based on my experience in the field. 769
Jackson Taylor Realo
South Lake Tahoe, CA 96150 |
December 21, 2022
Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150
Dear Ms. Blankenship:

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

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

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

Beginning in April 2021, I transitioned to working at Exline & Company, Inc., a regional land-use planning firm based out of South Lake Tahoe, where I guide property owners through the unique complexities of the regulatory environment in the Tahoe Basin. In my time here, I have become 770
intimately familiar with the TRPA Code of Ordinances and the regulatory frameworks for many local jurisdictions, including the City of South Lake Tahoe. I work to bring projects from inception to permitting approval, ranging from large, mixed-use redevelopment projects in Town Centers to single family residential projects around the Basin. My collective experiences as a land-use planner and previously as a CivicSpark Climate Fellow with the City have given me invaluable insight into the competing challenges and pressures the community and City of South Lake Tahoe face.

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

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

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

Best Regards,
Jackson Realo
771

CITY OF SOUTH LAKE TAHOE

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

H Williams Planning Commission
T
EMPLOYER:

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

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

WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
To approve projects that meet the city's general plan and make recommendations to city council on issues that may come up that fall under the planning commissions purview Have you taken the opportunity to attend any previous commi� meeting prior to the notice of this vacancy? YES lLJ NO n
Please list any potential conflict of interests that you may foresee if appointed to lfitcommission that you've applied:
none
If appointed to the Airport Land Use Commission, Planning Commission, Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Committee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT:

YES l✓INoD
I certify that all statements made in this application are true and complete. I understand that any false statement or

I I I I I I
Please note that the information provided on this application, including address, phone number and email address will become a matter of public record.

WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
[email protected]
DEC 2 7 1011
City of South Lake Tahoe
Office of the City Clerk
772
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:29
Agenda Item: South Lake Tahoe Tourism Improvement District Annual Report for Fiscal Year 2022- 2023
Executive Summary: City Council will receive the FY 2022-2023 Annual Report of the South Lake Tahoe Tourism Improvement District (SLTTID). The authorization for the SLTTID requires the TID to prepare and submit to the City an annual report of activities, a budget summary, and a financial statement. The SLTTID currently levies a nightly assessment of $4.00 (hotels and motels) and $5.50 (other lodging options) on lodging businesses in South Lake Tahoe based on the renewal of the SLTTID in December 2019 for a ten-year term. These funds are used for community marketing and tourism promotion. The proposed FY 2023-2024 budget is $3,114,203 and the funds are administered by the Lake Tahoe Visitors Authority.

Requested Action / Suggested Motions: Receive the FY 2022-2023 Annual Report of the South Lake Tahoe Tourism Improvement District.

Responsible Staff Member: Andrew Black, Financial Services Supervisor (530) 542 6016 Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - SLT TID Annual Report.docx
02-Annual Report.pdf
03-2023 SLTTID Annual Audit Report DRAFT.pdf
04-Reso No. 2019-059 SLTTID.pdf
773
Council Agenda Report November 7, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: South Lake Tahoe Tourism Improvement District Fiscal Year 2022-2023 Annual Report Location: Citywide
Responsible Staff Member: Andrew Black, Financial Services Supervisor, (530) 542-6016 Finance Department
Background: In accordance with the Property and Business Improvement District Law of 1994, Resolution No. 2006-52 was adopted by the City Council on September 5, 2006. The Resolution established the South Lake Tahoe Tourism Improvement District (SLTTID) and authorized levying an assessment on lodging businesses to provide a mechanism for stable funding of community marketing and tourism promotion. On December 8, 2009 Resolution No. 2009-103 was adopted by the City Council which renewed the SLTTID for a period of ten years and increased the nightly assessment amount. On August 6, 2019 Resolution No. 2019-059 was adopted by the City Council renewing the SLTTID for another ten-year term commencing on December 18, 2019 and expiring on December 17, 2029, conditional upon the Lake Tahoe Visitors Authority (LTVA) amending its bylaws within two years to add a City of South Lake Tahoe City Council representative to the LTVA Board. Subsequently, LTVA amended its bylaws to add that effective January 2021, the at-large Director from California be replaced by one at-large Director “either employed by the City of South Lake Tahoe or a member of the South Lake Tahoe City Council.” Currently, Council Member Bass serves as a City of South Lake Tahoe City Council representative to the LTVA Board.

On May 17, 2022, City Council adopted Resolution No. 2022-061 to modify the SLTTID Management District Plan at SLTTID’s request, to increase the number of Directors on its Board of Directors from five to nine, consistent with SLTTID bylaw amendments.

Issue and Discussion: The SLTTID Management District Plan states that the City shall be responsible for the collection of assessments. After the monthly collections, accounting, and reconciliation, the funds are passed through to the TID less a 1% administrative fee. The agreement also requires the TID to prepare and submit to the City an annual report of activities, a budget summary, and a financial statement. All required items are enclosed for review and approval by the City Council. The attached financial statement is in draft format, and the final version will be filed with the City Clerk when it becomes available.

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

The assessment began on November 1, 2006. In 2019, the SLTTID was renewed for a ten 774
Council Agenda Report November 7, 2023 Page 2 of 2
year term expiring on December 17, 2029. An optional increase of one dollar starting in the fifth year of the current contract (2023-24) is outlined in the Management District Plan. This optional increase will be evaluated at the November 2023 SLTTID Board of Directors meeting.

There are no changes to the boundaries or areas of benefit in the District. The method of assessment remains the same as in previous years.

Revenues: The TID Board has budgeted $3,114,203 in 2024, which is a 1.0% increase over the Fiscal Year 2023 budget. The TID revenue budgeted in fiscal year 2023 was $3,083,370.

Actual collections in fiscal year 2022 totaled $3,081,703. The City of South Lake Tahoe receives a 1% administrative fee for collection of the monthly assessment, distribution of funds to the TID, and other financial support services. Additionally, in fiscal year 2023 the District will reimburse the City for credit card fees incurred in fiscal 2021/22 in the amount of $20,223.01.

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

Financial Implications: Included in the TID 2022-2023 Annual Report is the fiscal year 2023-2024 budget, which includes General Fund revenue in the amount of $31,142 as well as $12,457 in reimbursement for credit card fees.

Policy Implications: Consistent with City’s Financial Policies and requirements of Streets and Highways Code Section 36650.
775
Attachment 1

776

SOUTH LAKE TAHOE

TOURISM IMPROVEMENT DISTRICT
FISCAL YEAR 2022

ANNUAL REPORT
October 1, 2022 – September 30, 2023
AND
FISCAL YEAR 2024 SLTTID BUDGET
777
Summary of the Management District Plan
The South Lake Tahoe Tourism Improvement District (SLTTID) provides for the provision of tourism promotions and marketing for South Lake Tahoe. The district is composed of lodging businesses located within the incorporated city of South Lake Tahoe and includes hotels/motels and vacation rentals. Services provided by the SLTTID include Marketing and Promotions programs and activities designed to market the South Shore of Lake Tahoe as a unique, year-round destination to the global marketplace and to favorably impact the South Shore economy through overnight stays and tourism spending.

The South Lake Tahoe Tourism Improvement District was incorporated in November 2006, was renewed on November 1, 2009 for a 10-year term, and renewed again on December 17, 2019 with an annual budget anticipated of $2,705,000. Annual assessment rates are based upon a flat rate of $3.00 per paid occupied room per night on hotels and motels and $4.50 per paid occupied unit per night on timeshares, condos, triplexes, duplexes and homes under management contracts. The present SLTTID assessment district continues to be in effect for ten years and in Year 2, beginning December 17, 2020, the annual assessment rates increased to $4.00 per paid occupied room night on hotels and motels, and $5.50 per paid occupied unit per night on timeshares, condos, triplexes, duplexes and homes under management contracts. An optional additional increase of $1.00 in year 5 is outlined in the Management District Plan, to be approved at the discretion of the District board.

The SLTTID has created a website with information for all district members. The site address is www.southtahoetourism.com, and includes the below information:

1. District Plan documents

2. District By-Laws

3. Listing of lodging properties in the assessment district

4. Annual District Plan reports, news and events

5. Agenda and minutes from all meetings

6. SLTTID current year budget
I. Changes in District Boundaries
The South Lake Tahoe Tourism Improvement District had no changes in the district boundaries or benefit zones for the 2023 fiscal year.

II. Improvements and Activities Provided
The South Lake Tahoe Tourism Improvement District (SLTTID) is comprised of all lodging properties in the City of South Lake Tahoe. The SLTTID utilizes the professional marketing services of the Lake Tahoe Visitors Authority (LTVA) to promote the South Shore of Lake Tahoe. LTVA is chartered with promoting South Shore, Lake Tahoe and achieving a measurable impact on tourism numbers in the region. The mission of the LTVA is the marketing the South Shore as a unique, world-class year-round resort destination for the economic benefit and quality of life for the area. The SLTTID and the South Lake Tahoe Lodging Community is represented through two (2) board seats on the Lake Tahoe Visitors Authority Board of Directors. The SLTTID also maintains representation on the LTVA’s Marketing Advisory Committee with two additional committee seats. Additionally, the SLTTID updated its bylaws in 2022 to increase the number of board members to 9 members (previously 5) to allow for greater representation from different types/sizes of properties.
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MARKETING AND PROMOTIONS RECAP
The South Lake Tahoe Tourism Improvement District (SLTTID) utilizes the services of the LTVA for its marketing and promotions activities. A recap of the past year will provide a basis for activities that will be continued and expanded during the following year. As we realize momentum with a FY23 tourism campaign funded in excess of $1.5 million, promotional activities and events can be further developed and honed for maximum success.

Note: In this report FY23 refers to the LTVA’s fiscal year of July 2022 to June 2023.

Marketing
In addition to the internal staff marketing team, the LTVA retains professional services for Integrated Marketing Services and also Website Services. Reno-based Noble Studios has held the Website Services contract for over 11 years and successfully won the Integrated Marketing Services contract starting July 2021. There are many synergies in having the same agency holding both contracts as the services provided complement each other and support LTVA's integrated marketing approach. Integrated Marketing Services includes creative design plus media planning and buying.
• Net media spend for FY23 was $1.5 million
• Net paid search spend for FY23 was $240,000
• Combined media and search budget for FY22 was $1.74 million In FY23 the LTVA continued the "always on" approach to advertising which began in July 2021.

This means 24/7, 365 days per year rather than seasonal campaigns as in past years.

Paid Media
Noble Studios and the Lake Tahoe Visitors Authority have maintained a strong and successful partnership. During FY23, the focus revolved around the seamless integration of the fresh Visit Lake Tahoe brand campaign “Awe and then Some” into all creative assets, a comprehensive website redesign, and a diverse range of branded merchandise.

The designated market areas (DMAs) where LTVA's advertising was placed included:
● San Francisco
● Sacramento
● Los Angeles
● Phoenix
● Las Vegas
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● Dallas
● Seattle/Portland
Target audiences were:
• Entertainment Seekers
• Outdoor Enthusiasts
• Families
• Affluent Adventurers
• Sustainable Traveler
The advertising channels used were:
● Display/Discovery
● Video
● Paid Social
● Email
● Advanced TV
● Audio
● Multi-Channel Publishers
Paid Media Performance FY23
• 192 million Paid Media Impressions
• 555,8000 Paid Media Sessions
• +148% Partner Referrals, Year over Year
Paid Search:
• 1,692,812 impressions
• 300,912 clicks
• 17.78% CTR
• 579,601 sessions
Display/Discovery
• 74,442,717 impressions
• 581,341 clicks
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• 0.70% CTR for Display/4.24% for Discovery
• 153,462 sessions
Video
• 19,118,448 impressions
• 19,936 clicks
• 0.10% CTR
• 8,584 sessions
Paid Social
• 63,769,324 impressions
• 691,232 clicks
• 1.08% CTR
• 302,052 sessions
Conde Nast Email
• 33,040 sessions
Sunset
• 413,371 emails
• 274,351 impressions
• 2,143 clicks
• 47.15% open rate
• 1,632 sessions
Outside
• 710,889 impressions
• 664 sessions
Digilant
• 5,670,034 impressions
• 26,148 sessions
Connected TV
• 1,943,589 impressions
• 642 sessions
eTarget
• 703,194 emails
• 24.7% open rate
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• 2.3% CTR
• 5,180 sessions
OOH
• 14,055,556 impressions
• 1,413 sessions mobile retargeting
Audio/Podcasts
• 6,927,320 impressions
• 117 sessions
Paid Search
During FY23 LTVA spent $240,000 on paid search initiatives. The CTR was 17.78%, far outperforming the industry benchmark of 9.19%. The total conversions for the fiscal year were 72,873. The highest converting campaign, with the best conversion rate, was Accommodations, followed by Special Offers.

Paid Search Performance FY23
• 192 million Paid Search Impressions
• 1.2% Paid Search Conversion Rate
Branding
With the appointment of a new Integrated Marketing Services agency, LTVA embarked on an extensive brand health exercise which included resident, stakeholder, and visitor surveys and interviews. The process informed the LTVA's renewed vision, position, promise, personality, principles, and purpose.

In June 2022 the LTVA rebranded from Tahoe South to Visit Lake Tahoe and launched the new visitlaketahoe.com website. The Visit Lake Tahoe brand is in line with the future of the organization as an advocate for South Shore visitation and businesses with a commitment to stewardship while protecting this awe-inspiring destination.

Strategic Planning
Following the rebranding process, the LTVA conducted a series of strategic planning workshops. The series included six different workshops held from June 2022 through April 2023, and will guide the LTVA's strategy moving forward. The workshops were facilitated by 782
Strategic Marketing Group and Noble Studios and attendees represented LTVA’s Board of Directors and Marketing Committee, TDVA’s Board of Directors and the SLTTID Board of Directors.

Research & Data
LTVA conducted a new calendar year 2022 TravelTrekAmerica Domestic Visitor Profile - a quantitative research project in collaboration with the Omnitrak Group. The study focuses on various aspects of a visitor’s experience and characteristics, including demographics, where they are coming from, the type of visitors they are, their behaviors while visiting, how they plan their trips, specific travel-related characteristics, and the primary activities they engage in while at the destination. One important aspect to note is that the information gathered for this qualitative study is obtained through in-person interviews rather than data analysis. This approach provides a deep understanding of visitor motivations, preferences, and behaviors that might not be captured by quantitative data alone.

In FY23 LTVA made a strategic decision by renewing its subscription to Zartico, the platform known as the ‘destination operating system’ or DOS. Zartico offers a comprehensive approach to understanding and managing the visitor economy by combining both artistic and scientific elements. The Zartico platform focuses on providing actionable insights and intelligence to support LTVA’s decision-making processes. The DOS features include intelligence and analytics, data visualization, context and strategic input, real-time decision support, data integration, and promotion of economic vitality. Overall, Zartico is a sophisticated tool for managing the complexities of the visitor economy in Lake Tahoe. Its ability to combine various data sources, provide actionable insights, and support real-time decision-making contributes to the success and growth of the destination’s tourism industry.

Social Media
In FY23, the LTVA experienced pivotal shifts in its communications team, including the departure of the Communications Manager and the introduction of the new Content & Digital Marketing Specialist. This transition streamlined the social media strategies, including the incorporation of sustainability messages such as the "Take Care Tahoe'' initiatives. During the historic 2022-23 winter season LTVA effectively disseminated destination updates via social media platforms, urging visitors to stay informed on road conditions and weather forecasts. This dedication to understanding the digital landscape, combined with a proactive approach to ever-changing algorithm trends, has been fruitful, as seen in the boosted social media metrics. A testament to the LTVA’s innovative efforts is the launch of their TikTok channel. 783
LTVA’s social media following has grown to:
• Instagram → 74,500
• Facebook → 154,500
• Twitter (X) → 14,500
Consumer eNewsletter
The LTVA monthly consumer eNewsletter promotes events, entertainment, news, and special offers and is distributed to approximately 36,000 opt-in subscribers. This newsletter has an average open rate of 45%, which is higher than the travel industry benchmark of 39%.

Consumer Website: VisitLakeTahoe.com
Website content creation and associated asset acquisition remain in-house and are managed by LTVA staff. High-quality content is foundational to the website's success and LTVA has valuable team members to achieve this goal.

The consumer website saw an overall decrease in organic and overall website traffic, in part due to sentiment shifting as well as domain change in June of 2022. We saw an overall increase in conversions and partner referrals. Noble Studios administered paid media for FY23, which allowed for an integrated marketing strategy allowing the LTVA to coordinate both paid and organic initiatives.

FY23 highlights include:
• 2.4 million unique visitors, and 3 million total website visits • 127,590 lodging partner referrals
• 3,700 E-news sign ups
• 69% mobile device usage
• The top 5 most popular pages, besides the home page, were Webcams, Things to do, Campaign landing page Awesome
Adventurer, Cabin Rentals, and Events
• The top 5 source locations were Los Angeles, San Jose, San Francisco, and Sacramento

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Website Organic Performance FY23
• 51 million Organic Impressions
• 1.5 m Organic Sessions
• +6% Organic Ranked Keywords, Year over Year
Trip Planning App
The LTVA trip planning app is a valuable tool for visitors to explore what the destination has to offer, including lodging, restaurants, events, activities, and shopping. In the past year:
• 100,000 users
• Over 12,000 app store downloads
• Top five most viewed, Heavenly Gondola, Epic Discovery at Heavenly, Heavenly Village, Tahoe Cruise and M.S. Dixie II.

Business-to-Business Website: LTVA.org
This website is a business-to-business/industry resource and information site. The top five most popular pages, besides the home page, were American Century Celebrity Golf Future Dates, Lake Link Transportation, COVID-19/Destination Update, Contact us, and Data Statistics. LTVA.org also allows constituents to access valuable reported data and trending reports. In FY23 the site was rebranded to take on the Visit Lake Tahoe brand, and navigation was improved to be more intuitive for users.

Marketing to Weddings
The U.S. Destination Wedding market is worth over $16 billion, bringing lodging, ancillary wedding businesses, recreation, and dining revenue to destinations across the country. Since the wedding industry represents an expansive and ever-changing niche target market, and as digital advertising costs increase, the LTVA’s plan is developed to:
● Showcase Visit Lake Tahoe as a wedding destination
● Increase lodging and auxiliary business revenue
● Increase our share of this extensive industry
The media plan is digital and includes search, display, social, retargeting, content, and online wedding platforms (Wedding Wire & The Knot). The focus is on the December-March engagement season, with continued annual exposure on all platforms. The defined target is 785
newly engaged couples in Northern California and Northern Nevada.

LTVA’s FY23 wedding marketing resulted in 784 direct leads, 3,239 individual leads through WeddingWire/TheKnot, 38,314 Website Users, 7,606 partner referrals, and 13,940 blog pageviews.

SALES
Leisure Sales
The LTVA is dedicated to amplifying the destination's visibility and representation through partnerships with 3rd party travel product vendors. These efforts are geared towards aiding all accommodations within the area by creating new leads and avenues for business growth. The LTVA's strategies involve:

Trade Shows and Sales Missions: The LTVA actively promotes the destination by attending and showcasing at domestic and international trade shows, industry events, and sales missions. It also collaborates directly with major travel partners, including key tour operators and wholesalers, for direct-to-consumer marketing. In FY23 LTVA staff participated in ten destination-specific sales missions and travel industry trade shows, both in-person and virtual. These engagements involved over 400 individual meetings with travel professionals to incorporate the destination into their offerings.

International Presence: For FY23, the LTVA established and maintained representative offices in five international markets: Australia, the UK & Ireland, India, Germany, and China (limited presence). Via the High Sierra Visitors Council membership, there is also representation in France.

The primary duties of these offices encompass product audit, development, agent training, and media inclusion.

Strategic Alliances: The LTVA works in collaboration with both state tourism offices – Visit California and Travel Nevada – and the national tourism office, Brand USA. These affiliations allow the LTVA to tap into their global representative offices and networks.

Familiarization (FAM) Tours: The LTVA organized ten FAM tours in FY23. These tours were strategically designed to showcase the destination across all seasons, targeting diverse traveler preferences.
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Cooperative Marketing: Throughout the year the LTVA collaborated on several marketing initiatives, domestically and internationally. Partnerships with Expedia, Hotelbeds, Brand USA, and Visit California were particularly notable. With the participation of seven lodging properties, these cooperative efforts generated a strong $2.2 million in lodging revenue for the South Shore.

Through proactive representation, collaborations, and strategic marketing initiatives, the LTVA has successfully positioned the destination as a desirable choice among domestic and international travelers and industry professionals.

Meeting & Convention Sales
The LTVA promotes Lake Tahoe's South Shore as a destination for meetings, conferences, corporate retreats, and other group gatherings, and assists potential clients in identifying appropriate venues and contacts. In FY23, staff attended 14 Meetings, Incentives, Conferences & Exhibitions (MICE) related trade shows, conducting over 430 one-to-one appointments across multiple verticals and regions. These sales initiatives support local meetings properties and the Tahoe Blue Event Center, slated to open in September 2023. The shows attended include CalSAE Seasonal Spectacular & ELEVATE, Sports Relationship Conference, MPI WEC, Connect Sports and Marketplace, Small Market Meetings, Smart Meetings West, Northstar Travel Destination California, Destination West, IPEC & TEAMS, HPN Partner Conference, ConferenceDirect APM and HelmsBriscoe Partner Conference.

LTVA retains the service of Digital Edge, a professional meetings-related marketing agency. In FY23, Digital Edge developed a new marketing campaign and landing page that created awareness for the new Visit Lake Tahoe brand and the destination as a meetings option featuring boutique hotels, casino resorts, mountain retreats, and flexible meeting space.

A similar campaign was launched to create awareness for the new Tahoe Blue Event Center and build towards a plan to generate leads to successfully open with a base of meetings and event business. Another goal was to continue to invest in familiarizing meeting planners with the destination through FAMs (familiarization tours) so they get a close-up, hands-on knowledge of the product and how it would work for their groups, and can learn more about the new event facility, the destination attributes, and experiences available for attendees, as well as gauge their input via the perception study component.
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These campaigns and FAMs focused on growing meeting verticals like incentive meetings, small regional trainings, state associations and sports planners through Content Marketing, Content Development, Email Marketing and Social Distribution.

Digital media delivered:
• 3.8 million Paid Media Impressions
• 8 pieces of new content obtaining 2,081 page views
• 16 meeting emails were deployed from July 22 to June 23 o Total sends: 36,154
o Opens: 10,653
o Open Rate Avg: 29.20% Clicks: 1,646
• 6 sports emails were deployed from July 22 to June 23 o Total sends: 6,649
o Opens: 1,884
o Open Rate Avg: 28.33%
o Clicks: 173
Other FY23 program highlights compared to FY22 included:
• LinkedIn Campaigns
o Drove 91% more impressions
o 155% more clicks
o Stronger CTR vs LY (0.80% vs 0.60%)
• Meta (FB & IG) Campaigns
o Reached 20% more people,
o Drove 28% more impressions
o 34% more click throughs to landing pages
o Improved CTR (0.85% vs 0.81%)
• StackAdapt DSP campaign maintained overall CTR above industry benchmarks (0.26%) after the transition from Google Ads.

Over the past year the LTVA has grown its database of qualified meeting planning professionals by 48%, to over 3,800.

Other new initiatives included developing destination partnerships and attending annual conferences with the leading third-party meeting planner organizations: HPN Global, Conference Direct, and HelmsBriscoe. LTVA has continued to develop and enhance the meeting and sports planner section on visitlaketahoe.com alongside branded and informative sales sheets and a continually updated eBook. Strategic efforts have been concentrated on the youth sports market 788
to bring their events to the destination in light of the opening of the new Tahoe Blue Event Center and the building of the City of South Lake Tahoe Recreation and Aquatics Center.

Meeting Planner Familiarization (FAM) Tour
Visit Lake Tahoe staff coordinated a FAM tour in June 2023, hosting nine highly qualified and vetted meeting planners from top target markets. This important group experienced first-hand what South Lake Tahoe has to offer for association, corporate, and incentive meetings. The threeday itinerary included an Event Center hard-hat tour, lodging site tours, and participation in group activities, providing insights into the area’s diverse lodging and meeting options. Guided by LTVA’s Senior Director of Marketing & Business Development, Stuart Maas, and Sales Services Coordinator, Cameron Wiebe, the familiarization tour received additional support from OVG360 Sales Manager, Aline Thibodeaux, and representatives from Digital Edge (LTVA’s Meetings Marketing Agency of Record), who provided administrative assistance and captured multimedia assets for future marketing endeavors.

EVENTS
Heavenly Holidays - December 2022
The SLTTID and LTVA continued their investment in the month-long Heavenly Holidays event.

Despite epic snow conditions Dreu Murin Productions was able to execute the New Year’s Eve event, including fireworks. The headliner act, The Gin Blossoms, chose not to perform due to the weather conditions, but the evening still saw 500-800 people (NYE event in 2021 had approximately 4,000 people). Overall the Heavenly Holidays activities were a success and will return in 2023.

American Century Championship (ACC) - July 2023
The greatest tournament in its 34 years! Major ROI from numerous perspectives:
exposure/publicity, visitation, destination reputation reinforcement and messaging. As the American Century Championship has grown in brand prominence, the publicity, social media and onsite media relations effort has become a 360-degree tour de force.

Sophisticated use of technology, cooperation of celebrity talent, expanded staffing and strategic media marketplace knowledge combined to deliver the strongest ever array of major placements and overall impressions.

Social media and digital platforms and the massive expansion of outlets reliant on famous names and prominent personalities to drive clicks and engagement works to the advantage of the tournament and the amount of coverage has increased commensurately. 789
● Total viewership audience/impressions: 14.3 billion
● 6,601 total stories (online, radio and broadcast)
● Publicity value $251 million
● Record media interest nationally
Television ratings for the tournament on NBC Sports delivered the largest Sunday audience for the event since 2004 across NBC, GOLF Channel and Peacock, peaking at 2.6 million views in the last 15 minutes of the broadcast. The gallery of 76,810 also established a new high for attendance at Edgewood Tahoe. Donations to local nonprofits include $121,250.

ACC Social
Golf Channel, NBC Sports, Sunday Night Football on NBC, American Century, and WPR worked collaboratively to share content with partners to provide retrospectives on the tournament. Each team created original content that was distributed via tournament channels.

Total Growth
Facebook likes/followers:
● Total: 12,650 o Increase: 25.2%
Instagram:
● Total: 37,102 o Increase: 38.3%
Fun tidbit: Reached 577k accounts (552k are non-followers; last year was 126k) Twitter:
● Total: 10,817 o Increase: 21.2%
Total Impressions:

Facebook:
● 2023: 274,100
Twitter:
● 2023: 350k impressions; 499k profile visits
Instagram:
● 2023 Posts June 18 - July 17: 4,306,471 o Increase: 48% ● 2023 Stories: 4,827 - 13,507 views per story
Instagram Reels Views
● 2023: 124 - 292k
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Instagram Reels Reach
● 2023: 355k o Increase: 200%
Instagram Reels Collaborations
● 2023: NBC Sports, Golf Channel, Sunday Night Football total views is 5,297,600 Valhalla Tahoe - Lake Tahoe Art, Music and Theatre Festival The SLTTID supported Valhalla with a contribution of marketing funds for their summer 2023 event series.

PUBLIC RELATIONS
The LTVA retains the services of Weidinger Public Relations (WPR) for domestic and international media relations. The PR strategy is aimed at supporting the LTVA in reaching consumers through media channels, including top publications, broadcast and social media.

Goals/Objectives:
● Obtain media coverage in 5-10% of top 150 media outlets as defined by LTVA and WPR, reinforce key messages, talking points and the brand within a 12-month period. ● Produce an earned media value of 15-20:1 the PR investment within a 12-month period. ● Reinforce Tahoe’s reputation as a leading year-round destination. Protect Lake Tahoe’s interests with accurate information for any necessary clarification to scenario at hand and provide positive messaging as appropriate to reinforce consumer confidence, health assurance, safety, and peace of mind.

FY23 Results:
● Exposure in 22%+ of top 150 desirable outlets including MSN, Yahoo, Conde Nast, T+L, LA Times, SKI Magazine, San Francisco Chronicle, SFGate, San Jose Mercury News, Marin Independent Journal, etc.: reinforced key messages, talking points and brand. ● Circulation, Viewership, Listenership: 1.2 billion; Total publicity value: 20 million; editorial value of 238:1.
● Hosted digital influencers which generated 81 pieces of content, with an audience of 8.7 million (combined total of publication wide audience figures), 734k views (prediction of lifetime views based 29k engagements (combined total of likes, comments and shares on social). WPR utilizes a third-party platform, Coverage Book, to track. 791
Events Center PR
Media alerts and press releases were serviced on construction progress and road impacts throughout the fall and winter. WPR met and worked with the OVG team and Tahoe Blue communications team to coordinate the center’s name reveal. WPR executed media invites to regional media, secured a videographer and sent out a post event release with B-roll to secure coverage in regional markets.

WPR worked with NHL star Joe Pavelski during the 2023 American Century Championship to promote the opening of the Tahoe Blue Event Center. Pavelski’s segment, and an overview of the center, aired Friday on the Golf Channel and Sunday on NBC. Television ratings for the tournament on NBC Sports delivered the largest Sunday audience for the event since 2004 across NBC, GOLF Channel and Peacock.

International Media
International visits and FAM tours are slowly returning post-COVID. Provided partners “what’s new” roundups and other relevant press releases for distribution to their media contacts. Worked closely with representatives of international offices to coordinate with freelance writers as well as collaborate on market intelligence, research and trends. As a result of pitching/follow-up efforts from the Brand USA European Travel Week, Dominique Chouvet, RoadTrippin, France visited in March for a winter focus to showcase all three South Lake Tahoe ski resorts. Christophe Boulain with Followed Magazine was part of a co-op effort with High Sierra Visitors Council and visited in May to reinforce spring/summer recreation.

Operation Sierra Storm – January 2023
This media conference, sponsored by the LTVA and executed by Weidinger PR, attracts meteorologists from across the country, providing educational and destination content for the attendees. The live shots and stories broadcast in numerous major markets provide a unique opportunity to showcase the winter product.

Total Audience: 3 million, 153 total clips: broadcast, radio and online, social media coverage. Live and taped shots from major drive and air service markets: The Weather Channel, stations in Atlanta, Cleveland, Denver, Houston, Minnesota, Nashville, Orlando, Sacramento, San Francisco, Santa Barbara, West-Central Pennsylvania, Charlotte, and Reno. 792

VISITOR INFORMATION SERVICES
The LTVA operates the Explore Tahoe Visitor Center in the Heavenly Village. This location is open daily, year-round, and is staffed by a team of Visitor Information Specialists - all of whom are longtime Tahoe locals. In FY23 walk-in traffic increased as visitors appeared to return to prepandemic behavior, seeking out personal referrals and assistance with itinerary planning. Staff interacted with over 31,000 visitors in person and provided information to more than 2,000 callers, particularly related to road conditions during the extreme winter of 2022/23.

Student Ambassador Program
During the summer of 2022 the LTVA again partnered with the Sierra Nevada Alliance, the Tahoe Fund, and other regional entities to fund Student Ambassadors at the following south shore locations: Heavenly Village/Explore Tahoe, Tallac Historic Estate, Kiva Beach, Taylor Creek Visitor Center, Vikingsholm Visitor Center/Emerald Bay. The Ambassador Program goal is to address the impacts of increasing tourism in the Tahoe Basin by employing local youth to act as stewards and guides promoting sustainable and responsible behavior to locals and visitors alike. Ambassadors modeled good stewardship, encouraged responsible recreation, shared interpretative information about Tahoe, and tracked observations and interactions with the public using established Citizen Science Apps by Tahoe Environmental Research Center.

The program focuses recruitment towards local high school and community college students in order to facilitate work-based learning and invest in engaging local youth in learning about and protecting the natural resources of the Tahoe Basin.

Winter months saw the return of two popular programs staged out of Explore Tahoe.

Winter Trek (January - April 2023)
The Winter Trek program offers fifth graders an outdoor winter ecology learning experience that takes place at 9,100 feet via the Heavenly Mountain Resort gondola.

Winter Trek is a cooperative effort between the Forest Service, Heavenly Mountain Resort, Great Basin Institute, and the LTVA’’s Explore Tahoe Visitor Center.

Ski with a Ranger (January - March 2023)
Skiers and snowboarders have the opportunity to Ski with a Ranger at Heavenly Mountain Resort.

Tours are led by Forest Service conservation education staff and volunteers through a cooperative effort between Heavenly Mountain Resort and the LTVA’s Explore Tahoe. 793

PARTNERSHIPS AND COMMUNITY INITIATIVES
The LTVA leverages funds through partnerships that broaden reach outside the regional advertising efforts, enhance the visitor experience and contribute to community goals.

South Shore Transportation Management Association (SSTMA) The SSTMA launched the Lake Link Microtransit system in July 2022. The LTVA, TDVA and SLTTID made a commitment to contribute $25,000 annually to assist with funding this free, ondemand service. In October 2023 the SLTTID Board voted to make a one-time contribution of $50,000 to maintain the level of service through the winter months. This amount was paid out of the SLTTID’s “special projects” fund which is held by the LTVA.

The Lake Link Microtransit system, catalyzed by the Events Center transit requirement and supported by an unprecedented public private partnership, becomes the latest in a long list of initiatives that will address destination issues and continue to support the tourism product.

The Lake Tahoe Destination Stewardship Plan (DS), which the LTVA participated in both financially and as a Core Team Member, was completed in June 2023. The goal of the plan is to align around a shared vision of recreation and tourism, which touches the lives of all who work, live, and play here. The Destination Stewardship Council - as it has evolved into - will engage in the action plan moving forward. The LTVA’s strategic plan, completed in September of 2023, is informed by the DSP guiding sustainability initiatives while maintaining the LTVA’s core mission of promoting visitation to the destination. Sustainability planning is to protect and promote our destination product for the future, understanding that destinations like ours, beautiful and rich in environmental assets and recreation opportunities, need to adapt, evolve, and be preserved for all to enjoy, as well as to be competitive.

As a result of the DSP initiative, the LTVA had the opportunity to expand local and regional alliances. These include the Tahoe Regional Planning Agency, Tahoe Fund, League to Save Lake Tahoe, US Forest Service and other land management agencies, outdoor recreation providers, and regional Public Information Offices and Jurisdictions. Regular meetings are conducted, and are ongoing, discussing challenges related to visitor access and experience, land use, health and safety, sustainability, and related mitigation.

Regional Air Service Corporation - a regional public-private collaborative - has a singular goal:
to maintain and grow air service and to promote the Reno-Tahoe area as a viable year-round travel destination through marketing and additional air carrier incentives. With the collective financial contributions of all of the partners, the LTVA leverages its investment to an almost $1 million budget.
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Visit California, Travel Nevada, and Brand USA - these alliances allow LTVA to present South Lake Tahoe to national and international markets unreachable without the strength of the cooperative effort and funds.
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III. Budget Summary
FISCAL YEAR 2024 SERVICE PLAN BUDGET SUMMARY
The summary of the FY2024 service plan budget for the South Lake Tahoe Tourism Improvement District is provided on the following pages (Attachment A). The fiscal year for the SLTTID is October 1 through September 30. Based upon previous year's’ performance and trending occupancy, the total improvement and service plan budget for 2024 is projected at $3,114,203 which is a 1% increase over budget for FY2022. Lodging businesses will contribute the entire amount through annual assessments. Budgeted expenditures will be made in the following areas:
• Marketing and Promotions
The budget for the Marketing and Promotions program is estimated at $1,961,948, which represents 63% of the total District budget. Marketing and promotions will include media advertising and promotional programs designed to attract visitors to visit and stay at the South Shore lodging establishments as well as promote the area as a lodging and conference destination. • Communications and Public Relations
The budget for the Communications and Public Relations program is $124,568, which represents 4% of the total district budget.
• Special Events
The budget for Special Events is $404,846, which represents 13% of the total district budget. • Visitor Center Operations
The budget for Visitor Center Operations program is $155,710, which represents 5% of the total district budget.
• Administration/Operations
The budget for Administration/Operations including office rent, insurance, utilities and supplies is $280,278, which represents 9% of the total district budget. • Administrative Fee to the City of South Lake Tahoe
The City of South Lake Tahoe charges an administrative fee to collect assessments and distribute the funds to the SLTTID Corporation. The budget for this administrative fee is 1% of the total annual assessment, or $31,142 in FY2024.
• Annual Service Plan – Contingency/TID Renewal (5%)
The budget also includes a portion for contingencies and renewal of the District. This amount equals 4.6% of the total district plan budget, or $143,253. A line item in the budget has been added for credit card fee reimbursements to the City of South Lake Tahoe, to account for those operators who pay TID taxes with a credit card. This line item equals $12,457 or 0.4% of the total district budget, for a total Contingency Plan of 5% of the FY2024 district budget.
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THE METHOD OF ASSESSMENT
No changes in assessments are proposed in the current assessment methodology, as they are not allowed under the district management plan.

ATTACHMENTS

1. Fiscal Year 2024 SLTTID Budget with Breakdown by Expenditure Category 797
SLTTID FY2024 Budget
Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Total Revenue Generated in TID Assessments
Hotel/Motel Assessment at $4.00 POR $ 183,183 $ 132,873 $ 96,953 $ 186,666 $ 264,798 $ 230,161 $ 204,130 $ 226,738 $ 237,971 $ 331,381 $ 262,802 $ 195,993 $ 2,553,647 82.0% VHR/Timeshare Assessment at $5.50 POR $ 40,211 $ 29,167 $ 21,282 $ 40,975 $ 58,126 $ 50,523 $ 44,809 $ 49,772 $ 52,237 $ 72,742 $ 57,688 $ 43,023 $ 560,557 18.0% Total Revenues $ 223,394 $ 162,041 $ 118,235 $ 227,641 $ 322,924 $ 280,684 $ 248,939 $ 276,509 $ 290,208 $ 404,123 $ 320,490 $ 239,016 $ 3,114,203 Expenditures
Marketing Programs: Advertising, Fam Trips, Marketing Programs $ 140,738 $ 102,086 $ 74,488 $ 143,414 $ 203,442 $ 176,831 $ 156,831 $ 174,201 $ 182,831 $ 254,597 $ 201,909 $ 150,580 $ 1,961,948 63.0% Communications and Public Relations $ 8,936 $ 6,482 $ 4,729 $ 9,106 $ 12,917 $ 11,227 $ 9,958 $ 11,060 $ 11,608 $ 16,165 $ 12,820 $ 9,561 $ 124,568 4.0% Special Events Funding $ 29,041 $ 21,065 $ 15,371 $ 29,593 $ 41,980 $ 36,489 $ 32,362 $ 35,946 $ 37,727 $ 52,536 $ 41,664 $ 31,072 $ 404,846 13.0% Visitor Center Operations: Payroll, Benefits, Operation Costs $ 11,170 $ 8,102 $ 5,912 $ 11,382 $ 16,146 $ 14,034 $ 12,447 $ 13,825 $ 14,510 $ 20,206 $ 16,025 $ 11,951 $ 155,710 5.0% Administrative/Operations: Payroll, Benefits Operation Costs $ 20,105 $ 14,584 $ 10,641 $ 20,488 $ 29,063 $ 25,262 $ 22,404 $ 24,886 $ 26,119 $ 36,371 $ 28,844 $ 21,511 $ 280,278 9.0% Administrative Fee to City of South Lake Tahoe (1%) $ 2,234 $ 1,620 $ 1,182 $ 2,276 $ 3,229 $ 2,807 $ 2,489 $ 2,765 $ 2,902 $ 4,041 $ 3,205 $ 2,390 $ 31,142 1.0% Credit Card Fee Reimbursements to City of South Lake Tahoe $ 894 $ 648 $ 473 $ 911 $ 1,292 $ 1,123 $ 996 $ 1,106 $ 1,161 $ 1,616 $ 1,282 $ 956 $ 12,457 0.4% * Contingency/TID Renewal Costs $ 10,276 $ 7,454 $ 5,439 $ 10,471 $ 14,855 $ 12,911 $ 11,451 $ 12,719 $ 13,350 $ 18,590 $ 14,743 $ 10,995 $ 143,253 4.6% * Total Programs and Expenses $ 223,394 $ 162,041 $ 118,235 $ 227,641 $ 322,924 $ 280,684 $ 248,939 $ 276,509 $ 290,208 $ 404,123 $ 320,490 $ 239,016 $ 3,114,203 FY2023 Actuals through July (budget Aug/Sept 2023) $ 3,053,759.00 FY2022 Actuals (Oct 2021-Sept 2022) $3,022,911.00 *Elimination of VHR's in non-Tourist Core areas completed 12/2021 FY2021 Actuals (Oct 2020-Sept 2021) $3,024,703.40 *Increase in TID by $1.00 in Dec 2020 FY2020 Actuals (Oct 2019-Sept 2020) $ 2,674,537.60
FY2019 Actuals (Oct 2018-Sept 2019) $ 2,881,067.40
798
Attachment 2
799
800
801
802
Resolution 2019-059 August 6, 2019 Page 1 of 4
Resolution 2019-059
Adopted by the City of South Lake Tahoe
City Council
August 6, 2019
Declaring the Results of the Majority Protest Proceedings and Renewing the South Lake Tahoe Tourism Improvement District (SLTTID)

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: C2D8392F-6782-4D75-BAA4-EBE69D34201E 803
Resolution 2019-059 August 6, 2019 Page 2 of 4
J. On June 18, 2019, the City Council adopted a Resolution of Intention No. 2019-043, which provided that a public meeting on the renewal of the SLTTID shall be held on July 16, 2019 at 5:30 p.m. and a public hearing shall be held on August 6, 2019 at 9:00 am at the City Council of the City of South Lake Tahoe meeting held at the City Council Chambers, 1901 Airport Road, South Lake Tahoe, California.

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

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

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

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

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

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

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

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

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

5. The City Council finds as follows:

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

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

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

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

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

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

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

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

11. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the SLTTID; to provide activities or improvements outside the SLTTID; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Management District Plan. Notwithstanding the foregoing, DocuSign Envelope ID: C2D8392F-6782-4D75-BAA4-EBE69D34201E 805
Resolution 2019-059 August 6, 2019 Page 4 of 4
improvements and activities that must be provided outside the SLTTID boundaries to create a specific benefit to the assessed businesses may be provided, but shall be limited to marketing or signage pointing to the SLTTID.

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

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

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

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

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

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

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

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

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

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

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

Yes: Bass, Collin, Middlebrook and Wallace

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

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

DocuSign Envelope ID: C2D8392F-6782-4D75-BAA4-EBE69D34201E 8/ 9/ 2019
806
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:30
Agenda Item: Inclusionary Housing Ordinance (First Reading) Executive Summary: At its August 8, 2023 meeting, the City Council directed staff to prepared a tiered Inclusionary Housing Ordinance based on unit size. This ordinance was prepared consistent with the direction given by the City Council and being presented for first reading by title only.

Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of an ordinance amending Title 6 of the South Lake Tahoe City Code by adding Chapter 6.27 (Inclusionary Housing) and refer second reading and adoption to the November 21, 2023 meeting.

Responsible Staff Member: Zach Thomas, Interim Director of Development Services Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff_Report_-_IHO_First_Reading (1).docx
02-Ordinance - Inclusionary Housing.docx
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City Council Agenda Report November 7, 2023 Page 1 of 3 City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Inclusionary Housing Ordinance (First Reading)
Location: Citywide
Responsible Staff Member: Zach Thomas, Housing Manager
Background: At its January 24, 2023 meeting, the City Council was presented the Analysis of Local Funding Sources for Housing Initiatives report (Report) that analyzed eight different local discretionary funding sources that could provide revenue to fund the City’s housing initiatives. The Council requested that additional nexus and feasibility analysis be completed to further inform discussion about a potential inclusionary housing percentage and in-lieu fee.

The supplemental nexus and feasibility analysis were presented to the City Council on May 2nd.

After receiving the presentation, holding public comment and engaging in Council discussion, direction was provided for staff to conduct enhanced analysis of inclusionary housing and commercial linkage fee policies.

Per the direction of the City Council, the enhanced or additional analysis provided a nexus and feasibility analysis of a tiered inclusionary housing policy based on unit size.

The feasibility study component of the analysis determined the induced workforce housing demand and equivalent in-lieu fee necessary to mitigate the housing impact associated with each development type as well as the ability for each development type to absorb the associated in-lieu fee. This analysis considered the “net gap” as well as the total cost of providing the induced workforce housing.

The analysis concludes that single-family and condominium projects with units less than 2,000 square feet and multi-family rental units generally cannot absorb the cost of an inclusionary housing requirement. The analysis also concluded that for sale single-family and condominium projects have an increased ability to absorb an inclusionary requirement as unit size gets larger.

Issue and Discussion: At its August 8, 2023 meeting, the City Council was presented the findings of the additional analysis. Upon receiving staff presentation, holding public comment and after conducting Council discussion, the City Council directed staff to draft an Inclusionary Housing Ordinance based on the parameters outlined in the below table. These parameters are consistent with the data presented in the additional analysis. 808
City Council Agenda Report November 7, 2023 Page 2 of 3 Recommended Inclusionary Percentage and In-Lieu Fee Amounts for Single-Family Homes and Condominiums
Inclusionary
Percentage
Equivalent In-Lieu
Fee Per Unit
In-Lieu Fee
2,000 Sq. Ft or Under Exempt
2,001-2,500 Sq. Ft. 5% Net Gap $5.29 Sq. Ft.
2,501-3,000 Sq. Ft. 6% Net Gap $5.84 Sq. Ft.
3,001-5,000Sq. Ft. 9% Total Cost $16.77 Sq. Ft
>5,000 Sq. Ft. 17% Total Cost $17.65 Sq. Ft
While all analysis conducted and presented to the City Council is thorough and consistent with industry best practices, no amount of analysis can consider every conceivable variable in the market place. Similarly, no housing policy can be made to account for every variable that may exist. The above table provided the City Council with recommended parameters for an inclusionary housing policy that can be easily and cost effectively implemented. It is based on thorough analysis while also representing a reasonable fit for the most likely to occur development scenarios. Also, as directed by the City Council, it seeks to incentivize the development of smaller units, which are most likely to be used as local residential housing stock.

Unlike the large-scale residential development projects common in many other cities, most market-rate residential development in the City consists of the construction of a single home or perhaps a small residential development. As such, most projects would not be large enough to trigger on-site mitigation and would by default be subject to the in-lieu fee. However, for projects that are large enough to potentially provide on-site mitigation, the draft ordinance has included that ability to do so at the above noted percentage corresponding with the size of the unit constructed.

The attached draft ordinance is consistent with the direction given by the City Council.

Furthermore, the Planning Commission voted unanimously to recommend that the City Council adopt the draft ordinance. As such, staff recommends that the City Council pass a motion to hold a first reading by title only of an ordinance amending Title 6 of the City Code by adding Title 6, Chapter 6.27 (Inclusionary Housing) to the South Lake Tahoe City Code, and refer second reading and adoption to the November 7th City Council meeting.

Financial Implications: Due to market variations and lacking an exact inclusionary housing policy proposal, it is not possible to precisely forecast revenue generation. However, the analysis made a thorough attempt at providing the best possible estimate. To do so, the analysis used an average of $6.00 per square foot to represent the net financing gap associated with providing inclusionary units and an average of $16 per square foot to represent the full cost of providing inclusionary units.

Applying each of these in-lieu fees uniformly across all development types is estimated to generate annual revenue ranging from $355,000 (based on $6.00 per Sq. Ft.) to $950,000 (based on $16.00 per Sq. Ft.). The recommend inclusionary ordinance is a hybrid scenario that seeks to strike a balance between generating revenue and incentivizing smaller residential development 809
City Council Agenda Report November 7, 2023 Page 3 of 3 that is more likely to be used as local resident housing. As such, potential revenue generation is anticipated to fall in between this range.

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: The recommended action is consistent with City Strategic Plan Action Item 1.3.4: Establish a local discretionary funding source to leverage access to and increase competitiveness for outside funds, and implement Council direction to conduct outreach to analyze vacancy tax and transient occupancy tax funding sources The recommended action is also consistent with the following adopted policies and programs:

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

Program 2-11. The City shall conduct a feasibility study to explore local funding options to support affordable housing projects and programs.
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Ordinance 2023-XXX November 21 2023 Page 1 of 6
Ordinance 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 21, 2023
An Ordinance amending Title 6 of the South Lake Tahoe City Code by adding Chapter 6.27 (Inclusionary Housing)

FINDINGS
A. Section 65300 of the California Government Code of the State of California authorizes cities to prepare long-range comprehensive guides known as general plans; and
B. California Government Code Section 65583 requires that the City prepare and adopt an update to the Housing Element of the General Plan that includes a review of the City’s ability to accommodate its share of the region's housing need; and
C. The City Council adopted the 2022-2027 Housing Element on June 21, 2022 which was then certified by the State Housing and Community Development Department (HCD) on August 30, 2022; and
D. Program 2-11 of the certified Housing Element stipulates that the City conduct a Local Funding Sources Feasibility Study (Study) which shall include an analysis of an Inclusionary Housing Policy; and
E. The City Council approved a Professional Services Agreement on May 3, 2022 with BAE, Urban Economics, Inc. to conduct the Study; and F. The City Council was presented the findings of the Study on January 24, 2023; and
G. After additional outreach to stakeholders, interested parties and the general community through five workshops and after conducting additional analysis, the City Council directed the preparation of an Inclusionary Housing Ordinance; and H. The adoption of this Ordinance is consistent with the City's Housing Element.

The City's Housing Element provides policies and programs to address the housing crisis faces the City; and
I. Government Code Section 65853 et seq. requires the Planning Commission to conduct a public hearing and provide a written recommendation to the City Council on any new zoning ordinance or regulation of the use of land; and 811
Ordinance 2023-XXX November 21 2023 Page 2 of 6
J. On September 21, 2023, the Planning Commission conducted a duly noticed public hearing and adopted Resolution No. 2023- to recommend that the City Council adopt this ordinance.

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

SECTION 1. Title 6, Chapter 6.27 of the South Lake Tahoe City Code is adopted to read in its entirety as follows:

Title 6

DEVELOPMENT SERVICES
Chapter 6.27

INCLUSIONARY HOUSING

6.27.010 Purpose
The purpose of this chapter is to promote the public welfare by facilitating the development and availability of housing affordable to a broad range of households with varying income levels within the city to meet current and future affordable housing needs. This chapter aims to:

1. Promote socioeconomic diversity within the city.

2. Generate revenue to increase the availability of affordable housing options for low- and moderate-income households.

6.27.020 Definitions
For the purpose of this chapter, the following words and phrases shall have these definitions:
“Low- or lower-income household” means a person or family with income that does not exceed eighty percent of the area median income.
"Inclusionary housing unit” means a dwelling unit which can be purchased or rented by a low-income household at a maximum cost, including utilities, of 30 percent of gross household income.
“Area median income” means the area median income for El Dorado County as defined by the California Department of Housing and Community Development annual state income limits.
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Ordinance 2023-XXX November 21 2023 Page 3 of 6
“Residential development project” means a project that includes the new construction of one or more dwelling units, at least 50 percent redevelopment of an existing building containing one or more dwelling units, or conversion of existing multi-family rental units to condominiums.

6.27.030 Inclusionary Housing Requirements
All nonexempt residential development projects shall either include inclusionary housing units or pay the in-lieu fee as required by Table 6.27.030.

Table 6.27.030
Unit Size
(Habitable Space)
Percentage of Total
Dwelling Units Required
to be Inclusionary
Housing Units
In-Lieu Fee
2,000 Sq. Ft. or Under Exempt
2,001 – 2,500 Sq. Ft. 5% $5.29/ Sq. Ft.
2,501 – 3,000 Sq. Ft. 6% $5.84/ Sq. Ft.
3,001 – 5,000 Sq. Ft. 9% $16.77/ Sq. Ft.
>5,000 Sq. Ft. 17% $17.65/ Sq. Ft.

6.27.040 Deed Restriction
Inclusionary housing units must be deed-restricted for purchase or rent by low- or lowerincome households.

6.27.050 Fractional Units
In determining the number of inclusionary dwelling units that are required to be built under Table 6.27.030, if the number of required inclusionary dwelling units results in a fractional unit, the developer may either pay the in-lieu fee for the portion of habitable square footage resulting in the fractional unit based on an average square footage of all market rate units, or provide an additional inclusionary dwelling unit.

6.27.060 Exemptions
Notwithstanding section 6.27.030, this chapter shall not apply to the following types of residential development projects:

A. Single-family or condominium projects with 2,000 square feet or less of habitable area per unit;
B. Multi-family residential development projects to be used for long-term rentals and having two or more dwelling units;
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Ordinance 2023-XXX November 21 2023 Page 4 of 6
C. Residential units that are deed restricted for households with income at or below moderate-income levels, meaning income levels less than or equal to one hundred twenty percent of the area median income; or D. A single dwelling unit being constructed to replace a single dwelling unit destroyed by fire, flood, earthquake, or other act of nature.

6.27.070 In-Lieu Housing Fee
A. The developer may, at their discretion, choose to pay the applicable fee in Table 6.27.030 in lieu of constructing inclusionary housing units to meet their inclusionary housing requirement.

B. In-lieu fees shall be calculated using the new habitable square footage, as defined by the California Building Code, included within the residential development project.

C. In-lieu fees shall be paid prior to building permit issuance. For projects constructed in phases, in-lieu fees shall be paid in the proportion that the phase bears to the overall project.

D. All in-lieu fees collected shall be deposited into the workforce housing fund. The fund shall be administered by the finance director and shall be used exclusively to provide funding for the provision of housing affordable to low- and moderate-income households and for reasonable costs associated with the development of such housing.

6.27.080 Standards for Inclusionary Housing Units
Inclusionary housing units must meet the following standards:

A. Inclusionary housing units shall be provided on the same site as the residential development project and dispersed throughout to prevent a concentration of inclusionary housing units within the project.

B. Inclusionary housing units shall be consistent with the design of market rate units in terms of exterior appearance, materials, and finished quality.

C. For residential development projects with multiple market rate unit types containing differing numbers of bedrooms, inclusionary housing units shall be representative of the market rate unit mix.

D. The inclusionary housing units shall be constructed concurrently with market rate units.
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Ordinance 2023-XXX November 21 2023 Page 5 of 6
E. Nothing in this chapter precludes a developer of a for-sale residential development project from meeting its inclusionary housing requirements by providing for-rent inclusionary housing units.

SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 3. The City Council finds that adoption of the proposed Ordinance is not a project requiring environmental review under the California Environmental Quality Act (CEQA) under 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).

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

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

Adopted by the City of South Lake Tahoe City Council on November 21, 2023, by the following vote:

Yes:

No:

Abstain:

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

Published:

Second Reading:

Effective:
815
Ordinance 2023-XXX November 21 2023 Page 6 of 6
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
816
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:31
Agenda Item: Local Tenant Preference Policy for Affordable Housing Executive Summary: Local tenant preferences in affordable housing are becoming more common throughout local governments in California to protect the most vulnerable populations experiencing displacement pressures. Senate Bill 649 requires a local government that elects to adopt affordable housing residency preferences to ensure compliance with fair housing law. Staff developed the background and a draft regulatory framework to implement a potential local preference policy for affordable housing, and seeks Council direction on whether to adopt such a policy.

Requested Action / Suggested Motions: Pass a Motion providing direction to the City Manager regarding the creation of a local tenant preference policy for affordable housing.

Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Reviewed and Approved By: Zach Thomas, Interim Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff_Report_-_Potential_Local_Affordable_Housing_Preference_Policy__1_.docx 817
Council Agenda Report- November 7, 2023 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: November 7, 2023
Title: Local Tenant Preference Policy for Affordable Housing Location: City-wide
Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Background: Local tenant preference policies are becoming more common throughout jurisdictions in California to protect the most vulnerable populations experiencing displacement pressures. Local workers who are unable to access affordable housing throughout the South Shore region face longer and more costly commutes. This includes increases to transportation expenses, traffic congestion, greenhouse gas emissions, reduced access to physical activity, social networks, and community engagement.

A local tenant preference policy is one tool cities are using to help prioritize the efficient use of scarce affordable housing resources. Senate Bill 649 (SB 649, Cortese), passed September 28, 2022, authorizes low-income housing tax credits and tax-exempt bonds to apply to qualifying affordable housing projects subject to local tenant preferences for lower income local tenants at risk of displacement or who have been displaced. This law creates a new opportunity to adopt a local tenant preference for affordable housing projects that allows such projects to receive the tax credit and tax-exempt bond support that is usually needed for financial viability. This bill requires the local jurisdiction to ensure that the preference complies with fair housing law, to create a webpage containing the ordinance and supporting materials within 90 days of adoption, and to annually provide the Department of Housing and Community Development a current link to the webpage.

As a best practice and to ensure compliance with fair housing law, staff recommends that any local tenant preference ordinance include all the following:

A. A clearly defined population eligible for the tenant preference.

B. Detailed findings that support a valid, nondiscriminatory government interest for the local tenant preference.

C. A declaration that the ordinance has undergone fair housing review and conforms with existing fair housing law.

D. A detailed summary of the strategies and policies enacted by the local government to address housing supply and equitable housing access, particularly for lower income households.
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Council Agenda Report- November 7, 2023 Page 2 of 4
Issue and Discussion: Local tenant preferences for lower income households for new and/or existing affordable housing can help stabilize housing for those who are at greatest risk of displacement from their communities due to community growth that has resulted in increased housing costs and housing cost burdens for existing residents.

The local preference policy could be designed to increase the probability that current residents can remain in the community despite increases in market rate rents, housing prices, and other factors.

Property owners of state and federal funded affordable housing are required to affirmatively market their property’s units as part of their property management plan or tenant selection process. A potential local tenant preference policy would impose an additional requirement for owners to prioritize City residents and/or workers for affordable housing units as defined by the California Department of Housing and Community Development.

Fair Housing Analysis
Fair Housing law requires Disparate Impact Analysis for some preferences to ensure that it does not unnecessarily exclude people from housing opportunities. This incorporates the “disparate impact” in which a policy is facially neutral but affects people in protected classes differently, therefore, maintaining patterns of segregation. A local housing preference is vulnerable to a disparate impact claim if the preferred group is significantly more homogenous than the other eligible applicants.

Local Preference Policy Framework
In an effort to guide discussion on the elements of a potential local tenant preference policy for affordable housing, the following items are provided to serve as a framework for council consideration:

Local Preference Proposal Framework
Eligibility for Tenant
Preferences

1. First preference: to displaced households.
a. City code enforcement activities, if the
activity occurred within one year prior to
date of application
b. A “no fault” eviction from a rental unit in
South Lake Tahoe, if the eviction was
completed eight (8) years or less prior to the
date of application.

2. Second Preference: Neighborhood residents

3. Third preference: to South Lake Tahoe residents
and South Lake Tahoe workers. For purposes of
this Section, a “South Lake Tahoe resident” means
a household with at least one adult member whose
principal place of residence on the date of
application is within the City of South Lake Tahoe.
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Council Agenda Report- November 7, 2023 Page 3 of 4
A “South Lake Tahoe worker” means a household
with at least one adult member who is employed at
least 20 hours per week by an employer based in
the “South Shore” as defined in the South Shore
Housing Needs Assessment, owns a business
located within the “South Shore”, or participates in
an education or job training program located in the
“South Shore.”
Applicability: Which
Developments?

1. City-funded affordable housing developments

2. State-funded developments pending HCD
approval.

3. Existing affordable housing developments.

4. If HUD units are incorporated, HUD must also
conduct a fair housing analysis of the proposed
policy.

Does not include: Permanent supportive housing or
inclusionary rental units
Applicability: Where? All new and refinanced city-funded developments in the pipeline and in construction at the designated start date in South Lake Tahoe (at the time the ordinance is effective).

Applicability: Which
units?

1. What percentage of general public restricted units
in the development will be set aside for the local
tenant preference?

2. Other California jurisdictions go between 15% to
40% set aside
Implementation: Property
Manager roles and
responsibilities

1. Receive list(s) of applicant pools, including those
eligible for both preferences.

2. Fill units for preferences

3. Select applicants, including those qualifying for
preference units.

4. Review applicant’s qualifications and supporting
documentation
Engagement & Education 1. Create materials for community distribution after adoption of the ordinance.

2. Distribute materials to community partners, public
sites (libraries, city buildings), and affordable
housing sites.

3. Hold information sessions with property managers
post-adoption
Next Steps
Staff recommends that City Council receive the report and provide direction to staff regarding the creation of a potential Local Affordable Housing Preference Policy based 820
Council Agenda Report- November 7, 2023 Page 4 of 4
on the above framework. If directed by City Council, a Request for Proposals (RFP) to solicit a consultant to prepare a Disparate Impact Analysis will be released. The scope of work outlined in the RFP, will be based on the framework of the policy desired by Council.

Financial Implications: If directed to establish a potential Local Affordable Housing Preference policy, it is anticipated that additional financial resources, including staff time, would be required. The preparation of a Disparate Impact Analysis by a consultant is not anticipated to exceed the total budget of $50,000. There are funds available in the Workforce Housing Account # 25006024, such that, the use of General Funds would not be required.

Policy Implications: The following adopted policies and programs are applicable to this discussion:

City General Plan Housing Element
Policy 2-1. The City shall ensure a stable community by helping tenants to become homeowners and preserving the ability for residents to afford housing in the community where they grew up.

Policy 2-3. The City shall encourage a range of housing options so that people who work in South Lake Tahoe can choose to live in the city.

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.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 7,
2023
Agenda Item #:32
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:

APC - 11 02 2023.pdf
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2023 Agenda Planning Calendar (Updated 11 02 2023)
Agenda Item Agenda Section
Nov 21, 5:30 p.m. City Attny VHR Enforcement NB
Local Hire Ordinance (second reading) Consent
Cannabis On-Site Consumption UB
CA/CM Charter City UB
LEG Agreement Consent
City Clerk 2024 City Council Schedule NB
Proclamations (2) Proclamations
City Manager South Shore TMA Contract UB
Dev Services MFD/SRO Program Evaluation UB
Lease to Locals Contract Extension Consent
Inclusionary Housing In-Lieu Fee Ordinance (second reading) Consent Third Party Building Plan Review and staffing PSA NB
PC, ALUC, BBOA Annual Reports Consent
Radon Presentation by Jeff Minor Presentations
Fire Type 3 Engine Purchase Consent
Department
823
2023 Agenda Planning Calendar (Updated 11 02 2023)
HR CBS MOUs (4)
Parks & Rec ICOC (Measure P), ACT & P & R Commission Annual Reports Consent Police PAC Annual Report Consent
Police Boat Grant Consent
Public Works UB
Dec 12, 5:30 p.m. City Attorney ADA Transition Plan update NB City Clerk 2024 Mayor/Mayor Pro Tem Selection
City Manager Green House Gas Inventory NB
Dev Services Inventory of vacant/underutilized sites NB Rental Registry Ordinance Discussion NB
Employee Housing Ordinance (First Reading)
Finance FY 2022-23 Quarterly Financial Status Report – Ending September 2023 Investment Portfolio Report – September 30, 2023.

Public Works STR Solid Waste Rate Incfrease PH
January Dev Serv TCAP/TVAP Updates NB
824
2023 Agenda Planning Calendar (Updated 11 02 2023)
City Attorney Shared Mobility Device Ordinance
City Clerk Records Management Policy (Updated)
City Manager Minimum Wage Discussion
Comprehensive Energy Services Contract
Grant Acceptance from CalTrans TRPA RGP
Grant Acceptance from Tahoe Water Suppliers Association Electric Vehicle Charging Contract
Municipalization of Electric Utility - Feasability Analysis Dev Services ADU Units Pre-approved Designs and Products No Approval Requirement REACH Code Adoption
Res. Area Plan to Accommodate SB9 and Remove Tourist Accomodation City/CTC land exchange agreement
VHR TAU Requirement Discussion
Building Code Appendix AW adoption-3D printed structures Finance
Unscheduled/Pending
825
2023 Agenda Planning Calendar (Updated 11 02 2023)
Fire
Parks & Rec Assessment on LOS prior to 2018
Lifeguard Mid-Year Budget 23-24 Analysis
Bijou Golf Course "Rock the Lake" Event and Review
826

South Lake Tahoe City CouncilNovember 7, 2023

South Lake Tahoe City Council
November 7, 2023