Agenda packet, first session — South Lake Tahoe City Council, November 21, 2023 (part 1 of 3)

City Council
Cristi Creegan, Mayor
Cody Bass, Mayor Pro Tem
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Scott Robbins, Councilmember
Mission of the City Council
The City was established to provide essential,
outstanding and cost-effective services that
enhance environmental sustainability, economic
vitality and the quality of life for our residents,
businesses and guests.

City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, November 21, 2023 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, and via ZOOM at this link https://us06web.zoom.us/j/82139344984
A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the Cityâ€™s Website at www.cityofslt.us, or by contacting the City Clerk's Office, (530) 542-6005 or [email protected]
Providing Public Comment:

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

By Phone: If you are joining the meeting via ZOOM and would like to make a comment, press the "raise a hand" button. If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is ID: 821 3934 4984 press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak.

In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected]. When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting 1 1. Proclamation Recognizing "Hate Has No Place in South Lake Tahoe"

2. Proclamation Recognizing November 2023 as "National Runaway Prevention Month" will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.

The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting.

Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].

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

Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
Proclamations
Requested Action / Suggested Motions: Issue a Proclamation to a coalition of South Shore Clergy recognizing, "Hate Has No Place in South Lake Tahoe".

Responsible Staff Member(s): Susan Blankenship, City Clerk Item 1- Executive Summary.pdf
Proclamation - Hate Has No Place in South Lake Tahoe.pdf Requested Action / Suggested Motions: Issue a Proclamation to Tahoe Youth and Family Services recognizing November 2023 as "National Runaway Prevention Month" Responsible Staff Member(s): Susan Blankenship, City Clerk Item 2- Executive Summary.pdf
Proclamation - National Runaway Prevention Month.pdf
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission Reports
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda.

Comments shall be limited to three (3) minutes.

The consent agenda consists of items of a repeating or routine nature considered under a single action.

Any Councilmember may have an item on the consent agenda removed and considered separately upon request.
2 3. City Council Meeting Minutes

4. Independent Citizens' Oversight Committee (Measure P), Arts Culture, and Tourism Commission, and Parks & Recreation Commission Annual Reports

5. Planning Commission and Airport Land Use Commission Annual Report to City Council

6. Building Board of Appeals Annual Report to City Council

7. Police Advisory Commission Annual Report

8. Ordinance Requiring Good Faith Effort on Local Hiring on Public Works Projects (Second Reading)

9. Inclusionary Housing Ordinance (Second Reading)
Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.

Requested Action / Suggested Motions: Pass a Motion approving the November 7, 2023 Regular City Council meeting minutes.

Responsible Staff Member(s): Susan Blankenship, City Clerk Item 3- Executive Summary.pdf
11 07 2023 CC Minutes.pdf
Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member(s): John Stark, Director of Parks & Recreation Item 4- Executive Summary.pdf
01-Staff Report - Annual Report Independent Citizens' Oversight Committee 02-Staff Report - P&R Annual Report 2023.docx
03-Staff Report - Arts,Culture, and Tourism Commission
04-Annual Report Arts, Culture, and Tourism Commission
Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member(s): Anna Kashuba, Assistant Planner Item 5- Executive Summary.pdf
01-Staff Report - PC and ALUC Annual Reports
02- Annual PC and ALUC Repoorts.pdf
Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member(s): Jeremy Harrison, Building Official Item 6- Executive Summary.pdf
01-Staff Report - Building Board of Appeals Annual Report.docx Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member(s): David Stevenson, Chief of Police (530) 545-2765 Item 7- Executive Summary.pdf
01- STAFF REPORT PAC Annual Report 112123.docx
Requested Action / Suggested Motions: Pass 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.

Responsible Staff Member(s): Heather Stroud, City Attorney Item 8- Executive Summary.pdf
01-Staff Report - Local Hire Ordinance Second Reading.docx 02-Ordinance - Local Hire.docx
03-Legal Publication -Local Hire Ordinance.doc
Requested Action / Suggested Motions: Pass an Ordinance amending Title 6 of the South Lake Tahoe City Code to include Chapter 6.27, Inclusionary Housing.

Responsible Staff Member(s): Jessica Wackenhut Lomeli, Associate Housing Planner Item 9- Executive Summary.pdf
01-Staff Report - IHO Second Reading.docx
3 10. Ratification of Application for State and El Dorado County Funding for Police Boating Safety and Enforcement Program

11. Appropriation of $145,000 for Airport Terminal Repairs and Temporary Employee

12. Authorization to Apply for Caltrans Sustainable Transportation Planning Grant Program for the U.S.

Highway 50 and State Route 89 Corridor Study Project

13. Amendment to Agreement with Placemate to Extend Term and Fund "Lease to Locals" Rental Incentive Grant Program for One Year
02-Inclusionary Housing Ordinance - Second Reading.docx 03-Legal Publication - Inclusionary Housing Ordinance.doc Requested Action / Suggested Motions: Pass a Resolution ratifying the application for financial aid from the California State Boating and Enforcement Aid Program; authorizing the Mayor, or the Police Chief, to sign the application for financial aid, the program agreement, and each reimbursement claim; authorizing acceptance of financial aid award from the California State Boating and Enforcement Aid Program in amount up to $100,279.17 and acceptance of El Dorado County vessel property taxes, confirmed by the El Dorado County Auditor in the amount up to $63,792.00 for a total program amount up to $164,071.17; and authorizing budget of that amount into the current Cityâ€™s budget into account #237 02110 effective July 1, 2024.

Responsible Staff Member(s): Lt. Scott Crivelli
Item 10- Executive Summary.pdf
01 - Staff Report - Police Boat Funding
02 - Resolution - Police Boat Funding
03-Police Boat Application 2024-2025.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing the Finance Director to appropriate $145,000.00 from Airport Available Fund Balance for for Airport Maintenance needs, including a Temporary Employee and Deferred Maintenance.

CEQA Determination: The project is exempt from review under CEQA Guidelines section 15301(d) (Existing Facilities â€“ restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety).

Responsible Staff Member(s): John Dickinson, Airport Manager Item 11- Executive Summary.pdf
01-Staff Report - Airport Terminal Repair
02-Resolution - Airport Terminal Budget Appropriation
Requested Action / Suggested Motions: Pass a Resolution authorizing the Director of Public Works to submit a grant application for the Caltrans Sustainable Transportation Planning grant program fund in an amount up to $700,000, appropriating $20,000 from General Fund Undesignated Excess Reserves for consultant services to assist with preparing the grant application, and setting aside up to $80,000 in matching funds from General Fund Undesignated Excess Reserves.

CEQA Determination: This action is statutorily exempt from review under CEQA Guidelines section 15262 (Feasibility and Planning Studies) and categorically exempt under section 15305 (Information Collection).

Responsible Staff Member(s): Jason Burke, Complete Streets Program Manager, and Anush Nejad, P.E., T.E., Director of Public Works
Item 12- Executive Summary.pdf
01-Staff_Report_US_Highway_50.docx
02-Resolution_US_Highway_50.docx
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute Amendment No. 2 to Agreement with Placemate (formerly Landing Locals) to extend term of "Lease to Locals" Rental Incentive Grant Program until January 15, 2025 and authorizing budget appropriations of $100,000.

Responsible Staff Member(s): Lydia Zuniga, Associate Management Analyst Item 13- Executive Summary.pdf
4 14. Agreement with Lew Edwards Group to Provide Ballot Measure Consulting Services

15. Memoranda of Understanding (MOU's) with the Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works

16. Amendment to Heavenly Parking Agreement

17. Agreements with BPR Consulting Group, 4Leaf Inc., and TRB and Associates for Inspection, Plan Review, and Permit Technician Services
01-Staff Report - Placemate Amendment.docx
02-Resolution - Placemate Amendment.docx
03-C-137-2021 Landing Locals Agreement.pdf
04-C-186-2022 Landing Locals PSA Amendment 1.pdf
05-Placemate Amendment 2 (Exh. A to Reso).docx
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute sole source agreement with Lew Edwards Group for ballot measure consulting services in an amount not to exceed $107,500.

Responsible Staff Member(s): Heather Stroud, City Attorney Joseph Irvin, City Manager Item 14- Executive Summary.pdf
01 - Staff Report-LEG Agreement.docx
02 - LEG Agreement.docx
03 - LEG Sole Source.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute MOU's with the Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works.

Responsible Staff Member(s): Ember Buckman, CGHR-CP, Human Resources Manager Item 15- Executive Summary.pdf
01 - Staff Report South Lake Tahoe POA, PSC, Local 39 Gen & PW, and Local 39 Admin & Conf MOU.docx
02-Resolution - MOUs for POA, PSC, Local 39 Gen & PW and Local 39 Admin & Conf.docx 03 - MOU SLTPOA (EXH. A to RESO).pdf
04 - MOU Local 39 GenPW (EXH B to RESO.)_1.pdf
06 - MOU SLTPSC (EXH D to Reso).pdf
05 - MOU Local39 AdminConf (EXH C to RESO.).pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment 1 to the Heavenly Parking Agreement.

CEQA Determination: This action is exempt from review under CEQA Guidelines section 15301 (Existing Facilities).

Responsible Staff Member(s): Anush Nejad, Director of Public Works, David Stevenson, Chief of Police, and Hilary Roverud, Assistant City Manager
Item 16- Executive Summary.pdf
01-Staff Report
02-2013 Heavenly Parking Agreement
03- Agreement Amendment
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Professional Services Agreements with BPR Consulting Group, 4Leaf Inc., and TRB and Associates for Plan Review Services, Permit Technician Services, and Inspection Services for a cumulative total amount not to exceed $230,000 over a three-year term.

Responsible Staff Member(s): Jeremy Harrison, Building Official Item 17- Executive Summary.pdf
02-PSA-4Leaf Inc.docx
03-PSA-BPR Group.docx
04-PSA-TRB and Associates.docx
01-Staff_Report-PSA_Inspection_Plan_Review_Permit_Technician_Services.docx 5 18. Amendment to Funding Agreement with the South Shore Transportation Management Association

19. Draft City Charter

20. Update on the Multi-Family Dwelling (MFD) Inspection and Single Room Occupancy (SRO) Programs

21. Short Term Rental Enforcement

22. 2024 City Council Meeting Schedule

23. City Council Travel Authorization - 2024 Civicwell Policymaker Conference (March 14-17, 2024) Regular-Unfinished Business
Requested Action / Suggested Motions: (1) Pass a Motion authorizing and directing the Mayor to execute Amendment 1 to the Funding Agreement with the South Shore Transportation Management Association (SS/TMA); (2) Pass a Resolution appropriating an additional $500,000 for Microtransit Service from General Fund Undesignated Excess Reserves to fund SS/TMA Agreement Amendment 1
Responsible Staff Member(s): Hilary Roverud, Assistant City Manager Item 18- Executive Summary.pdf
01-Staff Report
02-C-024-2023 SSTMA Funding Agreement
03-Amendment to Agreement with SSTMA
04 - Budget_Resolution_SSTMA_Funding_Agreement.docx
Requested Action / Suggested Motions: Pass a Motion authorizing the Ad Hoc Charter City Subcommittee to initiate public outreach on draft city charter.

Responsible Staff Member(s): Heather Stroud, City Attorney Joseph Irvin, City Manager Item 19- Executive Summary.pdf
01 - Staff Report - Draft City Charter.docx
02 - Draft City Charter.docx
Requested Action / Suggested Motions: Receive and file.

Responsible Staff Member(s): Lydia Zuniga, Associate Management Analyst Item 20- Executive Summary.pdf
01-Staff_Report_MFDSRO_20231121__1_.docx
Regular-New Business
Requested Action / Suggested Motions: Receive presentation.

Responsible Staff Member(s): Heather Stroud, City Attorney Maureen Stuhlman, Code Enforcement Investigator
Item 21- Executive Summary.pdf
01 - Staff Report VHR Enforcement.docx
02 - Short Term Rental Enforcement Presentation.pptx
03 - VHR Ordinance.rtf
Requested Action / Suggested Motions: Pass a Resolution adopting the 2024 City Council regular meeting schedule.

Responsible Staff Member(s): Susan Blankenship, City Clerk (530) 542-6005 Joseph Irvin, City Manager (530) 542-7950
Item 22- Executive Summary.pdf
01-Staff Report - 2024 City Council Meeting Schedule.docx 02-Resolution - 2024 City Council Meeting Schedule.docx 03-Proposed 2024 City Council Meeting Schedule (Exhibit A to Resolution) Requested Action / Suggested Motions: Pass a Motion approving registration and travel for Councilmembers who would like to attend the 2024 Civicwell Policymaker Conference in Yosemite National Park, March 14-17, 2024. The estimated cost of registration, per diems, and transportation 6 24. Amendments to Cannabis Ordinance, Public Safety License Ordinance, and Clean Indoor Air Ordinance Regarding On-Site Consumption, Medicinal Delivery, and to Remove Outdated Provisions Regarding Development Agreements and Existing Medical Marijuana Dispensaries

25. Agenda Planning Calendar
are $2,019-2,919 for the first person and $1,858-2,758 for additional persons.

Responsible Staff Member(s): Susan Blankenship, City Clerk Item 23- Executive Summary.pdf
01-Staff Report - 2024 Civicwell Policymaker Conference Authorization.docx 02- Information - 2024 CivicWell Policymakers Conference in Yosemite.pdf Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of Version 1 (allowing on-site consumption) or Version 2 (continuing to prohibit on-site consumption) of an Ordinance amending the following sections of the South Lake Tahoe City Code: (1) Article X of Chapter 6.55 (Cannabis Regulations) Regarding On-Site Consumption at Cannabis Retailers, Medicinal Delivery, and to Remove Outdated Provisions Regarding Development Agreements and Existing Medical Marijuana Dispensaries; (2) Chapter 4.180 (Cannabis Public Safety License Ordinance) Regarding On-Site Consumption at Cannabis Retailers and Curbside Delivery; and (3) Chapter 4.100 (Clean Indoor Air and Health Protection) Regarding On-Site Consumption at Cannabis Retailers and to Comply with Changes in State Law on Smoking in Workplaces.

CEQA Determination: The proposed Ordinance would allow for additional or expanded cannabis business activities but does not change the intensity or density of cannabis business uses beyond what is currently allowed in Table 6.55.740. The proposed Ordinance is consistent with the 2030 General Plan policies. The 2030 General Plan Environmental Impact Report (EIR) adequately addresses the potential environmental impacts of the proposed ordinance. No further environmental analysis is required under CEQA Guidelines section 15162 because the proposed Ordinance is within the scope of the previous EIR and there are no substantial changes to the project or the circumstances that require major revisions to the previous EIR due to new significant environmental effects not discussed in the previous EIR, significant effects previously examined that would be more severe, or mitigation measures or alternatives previously found not to be feasible that would substantially reduce one or more significant effects.

Responsible Staff Member(s): Heather Stroud, City Attorney Item 24- Executive Summary.pdf
01 - Staff Report - Cannabis Ordinance.docx
02 - Ordinance Amending Cannabis Regulations - Version 1 Allowing On-Site Consumption.docx 03 - Clean Indoor Air Ordinance Redline Version 1.pdf
04 - Public Safety License Ordinance Redline Version 1.pdf 05 - Cannabis Ordinance Redline Version 1.pdf
06 - Ordinance Amending Cannabis Regulations - Version 2.docx 07 - Clean Indoor Air Ordinance Redline Version 2.pdf
08 - Public Safety License Ordinance Redline Version 2.pdf 09 - Cannabis Ordinance Redline Version 2.pdf
10 - 2023 South Lake Tahoe Scorecard from Public Health Institute.pdf 12-Notice of Public Hearing 11 21 2023.pdf
11- Planning Commission Res 2023-015.pdf
Agenda Planning Calendar
Requested Action / Suggested Motions: A Councilmember may request that an item be placed on a future agenda. Upon the support of one (1) additional Council Member, direction shall be given to the City Manager to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made, and/or modify the Agenda Planning Calendar as desired.

Responsible Staff Member(s): Joseph Irvin, City Manager Item 25- Executive Summary.pdf
APC - 11 14 2023.pdf
7 Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday November 21, 2023, City Council Special Closed Session was posted and available for review on Thursday, November 16, 2023, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us.

Signed November 16, 2023
\\sb\\
Susan Blankenship, Elected City Clerk
8 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:1
Agenda Item: Proclamation Recognizing "Hate Has No Place in South Lake Tahoe" Executive Summary: On November 7, 2023, City Council approved the dafting of this Proclamation.

Requested Action / Suggested Motions: Issue a Proclamation to a coalition of South Shore Clergy recognizing, "Hate Has No Place in South Lake Tahoe".

Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:

Proclamation - Hate Has No Place in South Lake Tahoe.pdf 9 City of South Lake Tahoe
Proclamation
Recognizing “Hate Has No Place in South Lake Tahoe”
November 21, 2023
Whereas, the City of South Lake Tahoe in the County of El Dorado, California, stands for respect for all people, including all groups as defined by race, ethnicity, religion, gender, sexual orientation, disability, caste, or any characteristic; and
Whereas, we stand for honor of all traditions and cultures that compose our American democracy and common life; and
Whereas, we reject hate in all forms, and we choose compassion and justice to create a prejudice-free community; and
Whereas, we collectively promote respect, embrace human difference, and elevate our common values to enable our residents to live, work, and thrive with belonging and without fear; and Whereas, we acknowledge that “hate” is intense hostility or ill will that defies the humanity of both those who are hated and those who hate; and that courageous action taken to dispel hate has the potential to encourage the humanity within all people and groups of people; and
Whereas, we know that “prejudice” is belief formed without actual experience and without reasonable basis, and that hateful prejudice de-humanizes through stereotyping, demonization, oversimplification, and other abusive ideas and actions, including hate speech; and
Whereas, we acknowledge “hate speech” as abusive or threatening speech or writing that expresses prejudice and hate; and
Whereas, we know that “antisemitism” is hate toward people who are Jewish, and that antisemitism de-humanizes individuals through stereotyping, demonization, oversimplification, and other abusive ideas and actions, including hate speech; and
Whereas, we acknowledge that antisemitic hate speech was promulgated at the September 26, 2023, meeting of the El Dorado County Board of Supervisors, during public comment by individuals via Zoom technology; and Whereas, we denounce hate in all forms, including antisemitic forms; and

1. pledge to stand up against hate, discrimination, and violence in all forms and support victims of hate incidents, including hate speech;

2. encourage open dialogue and respectful conversations to bridge divides and promote understanding across individuals and groups of people;

3. celebrate the richness of our community and the strength that human variety brings to our city;

4. commit to working together, in partnership with all civic bodies to create a prejudice-free, safe, and healthy environment for all people.

Therefore, the City Council of the City of South Lake Tahoe do hereby proclaim that “Hate Has No Place in South Lake Tahoe”, at all times and in all places, and call upon government officials and all citizens and visitors to create a prejudice-free, safe, and healthy environment for all people. _____________________ __________________________
Cristi Creegan, Mayor Susan Blankenship, City Clerk
10 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:2
Agenda Item: Proclamation Recognizing November 2023 as "National Runaway Prevention Month" Executive Summary: At their November 7, 2023, meeting, Council approved the preparation of this Proclamation.

Requested Action / Suggested Motions: Issue a Proclamation to Tahoe Youth and Family Services recognizing November 2023 as "National Runaway Prevention Month" Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:

Proclamation - National Runaway Prevention Month.pdf
11 City of South Lake Tahoe
Proclamation
Recognizing November 2023 as
“National Runaway Prevention Month”
WHEREAS, the well being of our nation is dependent on the value we place on our young people. We must provide opportunities for youth to acquire the knowledge, skills, and abilities necessary to develop into healthy productive adults; and
WHEREAS, young people who have run away, are considering leaving home, or are experiencing homelessness who have the least access to essential opportunities and in need of support are those in runaway and homeless situations; and
WHEREAS, runaway youth are often expelled from their home, have experienced trauma, struggle to meet basic needs, and are at increased danger of falling into high-risk situations, including human trafficking; and WHEREAS, if all of us work together we can prevent the situations that compel youth to run away from home. We must challenge adults to act as mentors and role models for youth, guiding them toward available resources and safe, healthy, and productive choices; and
WHEREAS, Tahoe Youth and Family Services is working diligently to increase public awareness about, advocate on behalf of, and provide positive and safe alternatives to vulnerable young people in the community and their families by providing support and resources.

NOW, THEREFORE, the City Council of the City of South Lake Tahoe does hereby proclaim November 2023 as “National Runaway Prevention Month” in South Lake Tahoe and calls upon all citizens to join in preventing any young person who is considering running away from home. _____________________ __________________________
Cristi Creegan, Mayor Susan Blankenship, City Clerk
12 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:3
Agenda Item: City Council Meeting Minutes
Executive Summary: The Minutes of the last meeting have been prepared by the City Clerk for approval.

Requested Action / Suggested Motions: Pass a Motion approving the November 7, 2023 Regular City Council meeting minutes.

Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
11 07 2023 CC Minutes.pdf
13 11 07 2023 Minutes
City of South Lake Tahoe
City Council and South Tahoe Redevelopment Successor Agency Meeting Minutes
Tuesday, November 7, 2023 at 9:00 am
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us Call to Order/Pledge of Allegiance
At 9:03 a.m. Mayor Creegan called the meeting to order. Creegan then led the pledge of allegiance to the flag.

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

Councilmember Wallace was present over zoom.

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

Closed Session Report – 11 07 2023

1. Conference with Real Property Negotiator. Gov. Code section 54968.8. Property: Acquisition of a portion of 2111 Lake Tahoe Boulevard (APN 023-201-072 and a 1.01-acre portion of APN 023- 201-53)
Action: No reportable action.

2. Conference with Legal Counsel's Existing Litigation - Government Code section 54956.9(d)(1) Case: South Lake Tahoe Property Owners Group v. City of South Lake Tahoe, California Court of Appeal Third Appellate District Case No. C093603
Action: No reportable action.

3. Conference with Labor Negotiator - Government Code section 54957.6(a) Action: No reportable action.

Public Communications
Public Comment was heard from the following people:

1. Kenney Curtzweiler- Heavenly Village Christmas Tree Delivery *distributed handout

2. Melissa Soderston, Tahoe Forrest Matter- Fire Safety

3. Angie Reagan, Access Tahoe- Survivors of Suicide Loss Day Nov. 18th Written Public Communications were received from the following people:

1. Edith Chase- Cell Towers

2. Brent Wisner- Cell Towers

3. David Chain- Cell Towers

4. Asa Briggs- Cell Towers

5. Shirley Briggs- Cell Towers

6. Ernest Coe- Cell Towers
14 11 07 2023 Minutes
City Commission and Student Advisory Reports

1. Nicole Ramirez-Thomas, Parks and Recreation Commission- Bijou skate park, interior space and programming of new Recreation Center, snow removal on bike paths, Turkey Trot, Festival of Winter Lights
Presentations

1. Lake Tahoe Destination Stewardship Presentation
Action: Received presentation by Devin Middlebrook, Government Affairs Manager-Tahoe Regional Planning Agency, Carol Chaplain, President & CEO- Lake Tahoe Visitor’s Authority, Amy Berry, CEO- Tahoe Fund and Nettie Perdue, Managing Director of the Destination Stewardship Council regarding the Lake Tahoe Destination Stewardship Plan.

Public Comment was heard from the following people:

1. Kenney Curtzweiler

2. Ed Mosur

3. Stacey Ballard
Consent Agenda
Note: Mayor Creegan recused herself from voting on Item 9 and Item 15 due to real property interest.

Note: Councilmember Robbins voted No on items 7 and 17.

Action: Moved/Seconded: Bass/Friedrich
Yes: Creegan, Bass, Friedrich, Wallace, and Robbins
Action: Passed Consent Agenda, with noted recusal and No votes.

2. City Council Meeting Minutes
Action: Passed Motion 2023-084 approving the September 26, 2023 meeting minutes.

3. Fiscal Year 2023-2024 Appropriation Limit
Action: Passed Resolution 2023-091 establishing the Appropriation Limit for Fiscal Year 2023-2024 in compliance with Proposition 111 in the amount of $98,985,642.

4. Fiscal Year 2022-2023 Budgeted Funds Re-Appropriation Action: Passed Motion 2023-086 approving re-appropriation of Fiscal Year 2022-2023 budget for purchases and services with unfinished scope of work to Fiscal Year 2023-2024.

5. Custodial Services Agreement with Building Services of CA and NV, LLC, for Bellamy Garage and City Hall/ Airport Terminal
Action: Passed Motion 2023-087 authorizing and directing the Mayor to execute a Custodial Services Agreement (C-224-2023) with Building Services of CA and NV, LLC, for an amount not to exceed $101,580.00 for the first year, which includes a $5,000.00 contingency

6. Agreement with TJKM Consultants for Vision Zero Action Plan Action: Passed Resolution 2023-092 authorizing and directing the Mayor to execute a Professional Services Agreement (C-225-2023) with TJKM Consultants for development of a Vision Zero Action Plan in an amount not to exceed $248,904 and authorizing transfer of grant funds in this amount.

7. Electrical Facilities Cost Sharing Agreement with the California Department of Transportation (Caltrans)
Action: Passed Resolution 2023-093 authorizing and directing the Mayor to execute an Electrical Facilities Cost Sharing Agreement (C-226-2023) with Caltrans for traffic signal maintenance and energy costs and authorizing the transfer of $50,000 from the City's Undesignated General Funds to cover the City's share for Fiscal Year 2023-2024. 15 11 07 2023 Minutes

8. Purchase Order with Sawtooth Industrial, LLC for Snow Blower Repair Action: Passed Motion 2023-088 authorizing and directing the City Manager to execute a sole source Purchase Order (C-227-2023) with Sawtooth Industrial, LLC for snow blower repair for an amount of $71,766.

9. Third Amendment to Agreement with SierraCon Inc. for Construction Management and Commissioning Services for the Multi-Generational Recreation and Aquatic Center Action: Passed Resolution 2023-094 appropriating $1,168,000 for construction management and commissioning services related to the Multigenerational Recreation and Aquatic Center Project and authorizing and directing the Mayor Pro Tem to execute Amendment 3 to Professional Services Agreement (C-228-2023) with SierraCon Inc. in an amount not to exceed $1,168,000.

Public Comment was heard from the following people:

1. Prakash Kasiraj, Sierra Nevada Alliance Board Member

10. Amendment to Permanent Local Housing Allocation (PLHA) Grant Eligible Activities Action: Passed Resolution 2023-095 amending the Permanent Local Housing Allocation (PLHA) formula grant application (C-229-2023) to expand the Eligible Activities to the PLHA 5-year plan to provide more flexibility for implementation.

11. Sale of Surplus Vehicles and Equipment and Ratification of Donation Agreement with Tahoe Coalition for Homeless
Action: Passed Resolution 2023-096 declaring certain vehicles and equipment as surplus, directing the sale of vehicles, equipment and other City assets, and ratifying a 2020 Donation Agreement (C-230-2023) with Tahoe Coalition for the Homeless for a surplus vehicle.

12. Additional Appropriation of Funds for Airport Hangar Repairs Action: Passed Resolution 2023-097 authorizing the Finance Director to appropriate $100,000 from Airport Available Fund Balance for Airport Maintenance needs due to 2022-2023 Snow Season and Deferred Maintenance.

13. Excess Sites Local Government Matching Grants for the Sugar Pine Village affordable Housing Project Phase 2B
Action: Passed Resolution 2023-098 supporting the application of the Related Companies of California LLC for the Local Government Matching Grants Program and approving Sugar Pine Village Phase 2 Housing Partners, L.P. budget for the Local Government Matching Granit Program.

14. Amendment 3 to Agreement with CDM Smith, Inc. for Design of Pioneer Trail Pedestrian Upgrade, Phase 2
Action: Passed Motion 2023-089 authorizing and directing the Mayor to execute Amendment 3 to Professional Services Agreement (C-232-2023) with CDM Smith, Inc. in an additional amount of $75,511 for engineering design services and acquisition assistance, for a total contract amount not to exceed $525,854.

15. Agreement with NOVA Geotechnical and Inspection Services- Northern Nevada, LLC d/b/a Universal Engineering Sciences (UES) for Specialty Inspection and Testing Services for Multi-Generational Recreation and Aquatic Center
Action: Passed Resolution 2023-099 appropriating $330,445.49 for the Specialty Inspection and Testing for the Multi-Generational Recreation and Aquatic Center Project, plus 20% contingency in the amount of $66,089.10 for a total $396,534.59 from General Fund Undesignated Excess Reserves and authorizing and directing the Mayor Pro Tem to execute a contract (C-233-2023) with Universal Engineering Services (UES).

16. Fire Station 3 Interim Renovations
Action: Passed Resolution 2023-100 allocating $300,000 for interim renovations for Fire Station 3.
16 11 07 2023 Minutes

17. Amendments to Agreements with Jviation and ESA for the Airport Master Plan Update and Appropriation of Funds
Action: Passed Resolution 2023-101 authorizing and directing the Mayor to execute Amendment 5 to the Professional Services Agreement (C-234-2023) with Jviation in an amount not to exceed $514,169, and Amendment 6 to the Professional Services Agreement (C-231-2023) with ESA in an amount not to exceed $241,407, both for the development of the Airport Master Plan Update.

Public Comment was heard from the following people:

1. Seth Dallob

18. Amendment to Extend Lease of 4114 Lake Tahoe Boulevard with Lake Tahoe Visitor Action: Passed Motion 2023-090 authorizing and directing the Mayor to execute Amendment 1 to Lease Agreement (C-235-2023) with Lake Tahoe Visitors Authority for property located at 4114 Lake Tahoe Boulevard for an additional five years.

Public Comment was heard from the following people:

1. Ed Mosur

19. Agreement with Tahoe Regional Planning Agency to accept $30,000 for Environmental Analysis for Tahoe Valley Area Plan, Tourist Core Area Plan, and General Plan Amendments Action: Passed Resolution 2023-102 accepting $30,000 in REAP 2.0 funds from the Tahoe Regional Planning Agency, amending the 2023-2024 Fiscal Year General Plan account revenues and expenses budget, and authorizing and directing the Mayor to execute an agreement (C-236-2023) with the Tahoe Regional Planning Agency.

20. Agreement with Tahoe Regional Planning Agency for Regional Grant Program Funding Action: Passed Motion 2023-091 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 (C-237-2023) ($1.2 Million) and Microtransit EV Charging Base Station (C-238-2023) ($275,335).

21. 2023 CalRecycle SB 1383 Local Assistance Grant Program Action: Passed Reolution 2023-103 authorizing the City Manager to submit an application for the 2023 CalRecycle Local Assistance Grant Program for $75,000.

Reimbursement Agreement with Barton Health for Opioid Use Disorder Services Action: Passed Motion 2023-092 authorizing and directing the Mayor to execute a Reimbursement Agreement (C-239-2023) 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).

Regular-Unfinished Business

23. Ordinance Requiring Good Faith Effort for Local Hiring on Public Works Projects (First Reading)
Action: Moved/Seconded: Bass/Friedrich
Yes: Creegan, Bass, Friedrich, Wallace, Robbins
Action: Passed Motion 2023-093 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.

Public Comment was heard from the following people:

1. Seth Howard, NorCal Carpenters Union

2. Kenney Curtzweiler
17 11 07 2023 Minutes

24. Mid-Town Area Plan Discussion and Direction
Action: Moved/Seconded: Friedrich/Bass
Yes: Creegan, Bass, Friedrich, Wallace, Robbins
Action: Passed Motion 2023-094 directing the City Manager to recruit a senior planner to complete the Mid-Town Area Plan, and have in-house staff prepare a focused Implementation Plan for the Bijou Park and Golf Course.

Public Comment was heard from the following people:

1. David Jinkens

25. Revisions to Heavenly Valley Neighborhood Traffic and Parking Plan and Update on Negotiations with Heavenly Resort Related to On-Street Parking Agreement Note: City Manager Irvin recused himself from this discussion due to real property interest.

Action: Moved/Seconded: Bass/Creegan
Yes: Creegan, Bass, Friedrich, Wallace, Robbins
Action: Passed Resolution 2023-104 changing no parking and residential parking permit restrictions on sections of Regina Road and Keller Road (Replaces Resolution 2023-074).

Action: Moved/Seconded: Robbins/Bass
Yes: Creegan, Bass, Friedrich, Wallace, Robbins
Action: Passed Motion 2023-095 directing staff to continue negotiating with Heavenly Resort on amendments to parking agreement including a 90 days' notice to terminate the current parking agreement.

Public Comment was heard from the following people:

1. Brian Bigley, Heavenly Mountain Resort

2. Kenney Curtzweiler

3. Maia

4. Rob Hyman

5. Shannan

26. Revisions to Heavenly Valley Neighborhood Traffic and Parking Plan and Update on Negotiations with Heavenly Resort Related to On-Street Parking Agreement Action: Moved/Seconded: Friedrich/Bass
Yes: Creegan, Bass, Friedrich, Wallace, Robbins
Action: Passed Motion 2023-096 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.

Written comment was received from the following people:

1. Tom Fortune, Vail Resorts
18 11 07 2023 Minutes
Unfinished Business - City Council and South Tahoe Redevelopment Successor Agency

27. 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 Action: Moved/Seconded: Bass/Friedrich
Yes: Creegan, Bass, Friedrich, Wallace, Robbins
Action: Passed STRSA Resolution 2023-003 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 (C-240-2023) to sell the property for the appraised value of $1,000,000.

Action: Moved/Seconded: Bass/Friedrch
Yes: Creegan, Bass, Friedrich, Wallace, Robbins
Action: Passed Resolution 2023-105 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 (C-240-2023) to sell the property for the appraised value of $1,000,000.

Public Comment was heard from the following people:

1. Ed Mosur

2. Shellan Rodriguez, Novin Development

3. Atisha Varshney, Novin Development
Regular-New Business

28. Planning Commission Vacancy
Action: Moved/Seconded: Wallace/Creegan
Yes: Creegan, Wallace
No: Bass, Friedrich, Robbins
Action: Failed Motion 2023-085 to elect Doug Williams to the Planning Commission.

Default Action: City Clerk to continue open solicitation for this position.

The following people addressed the Council:

1. Jackson Realo

2. Doug Williams

29. South Lake Tahoe Tourism Improvement District Annual Report for Fiscal Year 2022- 2023 Action: Received/Filed.

The following people addressed the Council:

1. Jerry Bindel, Chair, SLT Tourism Improvement District

2. Carol Chappel, President, Lake Tahoe Visitor’s Authority

3. Juraj Sojka, Director of Tourism, Lake Tahoe Visitor’s Authority Public Comment was heard from the following people:

1. Ed Mosur

2. Stacey Ballard

3. Shannan

30. Inclusionary Housing Ordinance (First Reading)
Action: Moved/Seconded: Friedrich/Robbins
Yes: Creegan, Bass, Friedrich, Wallace, Robbins
Action: Passed Motion 2023-097 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. City Council provided direction to bring back a report of results a year from enactment of the Ordinance.

Public Comment was heard from the following people:

1. Seth Dallob

2. Shannan
19 11 07 2023 Minutes

31. Local Tenant Preference Policy for Affordable Housing Action: Moved/Seconded: Robbins/Friedrich
Yes: Creegan, Bass, Friedrich, Wallace, Robbins
Action: Passed Motion 2023-098 providing direction to the City Manager to create a local tenant preference policy for affordable housing using the parameters outlined by Council.

Public Comment was heard from the following people:

1. Shannan

2. Stacey Ballard
Written comment was received from the following people:

1. Shannan Stevens

2. David Jinkens

32. Agenda Planning Calendar
Agenda Planning Calendar
Action: Received and Filed.

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

1. Tahoe Coalition for Homeless
City Clerk Blankenship

1. Hate Has No Place proclamation request (City Council provided consensus)

2. Tahoe Youth and Family Services proclamation request (City Council provided consensus) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Councilmember Friedrich:

1. Upcoming TRPA Board meeting

2. Thank you to Mr. Mosur for tour of neighborhood

3. Thank you to the requestors of the Hate Has No Place Proclamation

4. “Anything Goes” High School Musical
Councilmember Robbins

1. Attended Tahoe Science Conference

2. Request for agenda item regarding the discussion of options for transforming Motel 6 and Sun Ray properties into affordable housing units including parcel assessments (Creegan seconded)

3. Request for agenda item regarding discussion of second home cap or permit options within 10 months (Bass seconded)
At this time, Councilmember Wallace left the meeting.

Mayor Creegan

1. Request for El Dorado County Public Health presentation on Tobacco Use Prevention (Friedrich seconded)

2. Attended the South Lake Tahoe Basin Waste Management Authority meeting

3. Promoted the upcoming United Against Hate Proclamation and Walk on Nov. 16th.

20 11 07 2023 Minutes
Adjournment
At 3:03 p.m. Mayor Creegan adjourned the meeting.

_____________________ _______________
Cristi Creegan, Mayor Date

Attest:
______________________
Susan Blankenship, City Clerk

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
21 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:4
Agenda Item: Independent Citizens' Oversight Committee (Measure P), Arts Culture, and Tourism Commission, and Parks & Recreation Commission Annual Reports Executive Summary: Staff is providing annual reports for the Independent Citizens' Oversight Committee (Measure P), Arts Culture, and Tourism Commission, and Parks & Recreation Commission Annual Reports
Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: John Stark, Director of Parks & Recreation Reviewed and Approved By: Susan Blakenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Annual Report Independent Citizens' Oversight Committee 02-Staff Report - P&R Annual Report 2023.docx
03-Staff Report - Arts,Culture, and Tourism Commission
04-Annual Report Arts, Culture, and Tourism Commission
22 Council Agenda Report- November 21, 2023 Page 1 of 2 City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Annual Independent Citizens’ Oversight Committee (Measure P) Report Location: Citywide
Responsible Staff Member: John Stark, Director Parks and Recreation (530) 542-6197 Olga Tikhomirova, Finance Director (530) 542- 7431
Background: City Council Resolution No. 2019-088 requires the Measure P Citizens Oversight Committee to report their activities to the City Council annually.

Issue and Discussion: The Measure P Citizens Oversight Committee met twice in the last twelve months. The first meeting was on June 9, 2023, at 2:00pm at the City Hall Council Chambers to review 2023 General Contractor Selection Process and the progress of awarding Phase 2 of Recreation and Aquatics Center construction, as well as to receive a report on the current Measure P fund balance, bonding updates and cost/funding projections for the Recreation Center. The second meeting was on July 7, 2023, at 9:30am at the City Hall Council Chambers to receive additional updates on awarding of Phase 2 contract as well as regarding revenue projections and cost recovery analysis. All members of the committee were in attendance including; Jerry Bindel, David Gregorich, Jude Wood, Marissa Fox, and the newly sworn member Faye-Marie Pekar. Also in attendance were City staff members Anush Nejad, Public Works Director, Olga Tikhomirova, Finance Director and John Stark, Parks and Recreation Director.

The first meeting included the following discussion topics:
1) Review of 2023 General Contractor Selection Process, Awarding of Phase 2 of Recreation and Aquatics Center in Progress
2) Current Measure P Fund Balance, Bonding Updates and Cost/Funding Projections for Recreation and Aquatics Center
The second meeting included the following discussion topics:
1) Review of 2023 General Contractor Selection Process, Awarding of Phase 2 of Recreation and Aquatics Center
2) Recreation and Aquatics Center Revenue Projections and Cost Recovery Analysis 3) Current Measure P Fund Balance, Bonding Updates and Cost/Funding Option for Recreation and Aquatics Center
Measure P oversight committee meets at least once per year and as needed pending the City’s anticipated expenditure of funds throughout the construction process. 23 Council Agenda Report- November 21, 2023 Page 2 of 2 Financial Implications: The committee reviewed the Measure P revenue to date, the GL transaction detail report and verified all expenditures are consistent with the intended purpose of Measure P special revenue funds.

Environmental Considerations: The submittal of the annual report to the City Council is exempt from environmental review pursuant to CEQA Guidelines Section 15061 (b) (3). The activity is covered by the common-sense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Policy Implications: There are no policy implications associated with the City Council accepting and filing the Annual Independent Citizens’ Oversight Committee (Measure P) Report. 24 Council Agenda Report- November 21, 2023 Page 1 of 2 City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Annual Parks & Recreation Commission Report
Location: Citywide
Responsible Staff Member: John Stark, Director of Parks and Recreation (530) 307-9145

Background: City Council Resolution No. 2019-088 requires the Parks & Recreation Commission to report their activities to the City Council annually.

Issue and Discussion: The Parks & Recreation Commission Annual Report provides a summary of the items considered by the commission during this reporting period and is submitted to the City Council for acceptance. Members of the commission include: Jerry Bindel, David Gregorich, Amelia Richmond, Margie Kovarik-Maxhimer, Kira Smith, Peter Fink and Nicole Ramirez-Thomas.
 Bonding of Measure P funds in support of Rec Center construction  Successful bid and contract award for Phase 2 vertical construction of the new Intergenerational Recreation & Aquatics Center
 Maintenance of over 179 acres of parkland including Bijou, Bonanza, Regan Beach, Regan Beach West, El Dorado Beach, Lakeview Commons, and Champions Plaza. Maintenance of 11 miles of trails and seven miles of sidewalks.
 Accessible beaches and opportunities to improve access at El Dorado and Conolley beaches.
 Planning effort for improvements to the skate park with Action Sports Design.  Initiating fundraising efforts for FF&E items for the new Rec Center, including support of the South Tahoe Parks Foundation.
 Special events including Fourth of July Parade, Festival of Winter Lights, Movies in the Park and Multicultural Festival. Along with support for partner events including the Turkey Trot, What’s Old is New, Boo Bash and Live at Lakeview.  Champions Plaza brick induction ceremony for Jared Haas.  Improvements to the playground area at Reagan Beach
 Reopened the public boat ramp at El Dorado Beach.
 Campground & golf course operations.
 Significant efforts to repair/rehab the existing rec center and keep it open.  Efforts to recruit and hire lifeguards to build back pool programs.  Successful second season of Park Ranger program with 12 participants finishing season.  Selection of new Park Manager, Dennis Churchill.
25 Council Agenda Report- November 21, 2023 Page 2 of 2 Financial Implications: There are no financial implications.

Policy Implications: There are no policy implications associated with the City Council accepting and filing the Parks & Recreation Commission Annual Report. 26 Council Agenda Report- November 21, 2023 Page 1 of 1 City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Annual Arts Culture and Tourism Commission Report Location: Citywide
Responsible Staff Member: Kelley Edwards, Recreation Manager (530) 542-6059 Background: City Council Resolution No. 2019-088 requires the Arts Culture and Tourism Commission to report their activities to City Council annually.

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

Financial Implications: There are no financial implications.

Policy Implications: There are no policy implications associated with the City Council accepting and filing the annual Arts Culture and Tourism Commission Report. 27 1
City of South Lake Tahoe Arts Culture and Tourism Commission Annual Report
November 21, 2023
The Arts, Culture, and Tourism, (ACT) Commission acts in an advisory capacity to the City Council to review proposed policies for arts, culture, and tourism programs and report findings. The Commission also reviews proposed public arts projects and makes recommendations for appropriation of funds for specific projects. The commission operates with the purpose of expanding these services along with providing enriching experiences for visitors as well as residents. This Annual Report is a summary of what the ACT Commission has accomplished as well as projects the commission will be addressing in the upcoming year.

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

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

Values

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

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

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

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

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

Goals

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

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

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

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

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

6. Remodel the city’s Public Art Request for Proposals process and streamline City Planning Department processes.
28 2
Duties
 Act in advisory capacity to the City Council and no express authority or power to act on behalf of the City.
 Review proposed policies on Arts, Culture and Tourism programs and report findings.  Review proposed public arts projects and make recommendations for appropriation of funds for specific projects.

Notable Accomplishments
The past year has been productive for the newly established Arts, Culture, and Tourism (ACT) Commission. Commissioners created and funded the city’s first ever Arts, Culture, and Tourism Microgrant, awarding a total of $15,000 to four (4) applicants for the inaugural grant program. The microgrant program sought to provide unique opportunities for arts and culture in the South Lake Tahoe community and was free and accessible to all. The ACT Commission created the microgrant application process, guidelines, and scoring rubric. A total of eleven (11) applicants were reviewed by a panel consisting of commissioners and city staff. The panel carefully assess each applicant and made a recommendation to the ACT Commission for consideration. Awardees demonstrated artistic merit and aligned with the ACT Commission’s Mission, Vision, and Values while promoting the City’s Strategic Priorities. Commissioners unanimously passed a motion awarding the Public Art Micro Grants to: Girl Scouts of the Sierra Nevada ($5,000), Tahoe Valley Visual Arts and Performing Arts ($4,400), South Lake Tahoe Pride (3,000), and Kristen Schwartz ($2,600) for a total award amount of $15,000.

During their first year of operations in 2022, the ACT Commission passed a motion recommending the City Council (1) adopt a new art review policy for publicly visible art; and (2) adopt an amendment to the City’s Master Fee Schedule for a $0 application fee for publicly visible murals and a $250 application fee for all other publicly visible art. Through this change in the review process and fee structure for publicly visible art, the ACT Commission approved six new murals to be placed on businesses in the city of South Lake Tahoe. Murals approved in 2023 were:
 Pass a motion approving the Publicly Visible Art Application submitted by Tahoe Art League, issuing a Publicly Visible Art Permit for a mural to be located at 2621 Lake Tahoe Boulevard.  Pass a motion approving the Publicly Visible Art Application submitted by Tahoe Art League, issuing a Publicly Visible Art Permit for a mural to be located at 2565 Lake Tahoe Boulevard.  Pass a motion approving the Publicly Visible Art Application submitted by Exline and Company, Inc., issuing a Publicly Visible Art Permit for a mural to be located at 4130 Lake Tahoe Boulevard.  Pass a motion approving the Publicly Visible Art Application submitted by Matt Kauffmann, issuing a Publicly Visible Art Permit for a mural to be located at 3452 Lake Tahoe Boulevard.  Passed a motion approving the Publicly Visible Art Application submitted by the Tahoe Art League, issuing a Publicly Visible Art Permit for a mural to be located at 2331 Lake Tahoe Boulevard.
 Passed a motion approving the Publicly Visible Art Application submitted by the Tahoe Art League, issuing a Publicly Visible Art Permit for a mural to be located at 3284 Lake Tahoe Boulevard.
29 3
Commissioners responded to public feedback for community engagement and equity through the establishment of a zoom meeting option for all ACT Commission meetings and making available video recordings of ACT Commission meetings for public review.

With the directive from City Council to provide a recommendation on available ARPA funding for public art, the ACT commission has thoughtfully considered many art, culture, and tourism opportunities. To provide the most appropriate recommendations to City Council, Commissioners have reviewed the city’s current RFP process for public art projects, historical RFPs, as well as the RFP process of other municipalities. Commissioners created an ideal RFP Art Template for use when making their recommendation to City Council. Commissioners also reviewed city properties and buildings for potential art murals and instillations. Additional work will be done on this directive in the coming months as the ACT Commission and city staff prepare the recommendation to City Council to request available ARPA funding for public art.

Commissioners formed Subcommittees the following subcommittees for 2023.  Community Engagement and Outreach Subcommittee (Commissioner Ballard and Vice Chair Hamilton)
 Microgrant Subcommittee (Commissioner Ballard and Vice Chair Hamilton)  Master Plan Subcommittee (Chair Yerian and Commissioner Brennan) Commissioners continue to work on a variety of other projects including the formation of an Arts, Culture, and Tourist Master Plan, a city hall art gallery, and additional microgrant opportunities to name a few.

Respectfully Submitted:

Chair Bryan Yerian
Vice Chair David Hamilton
Commissioner Stacey Ballard
Commissioner Nolan Barichievich, Student Representative Commissioner Rachel Carlson
Commissioner Aimi Xistra Rich, Boys and Girls Club Representative (non-voting) Vacant, Lodging and Tourism Representative (non-voting) 30 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:5
Agenda Item: Planning Commission and Airport Land Use Commission Annual Report to City Council Executive Summary: The Planning Commission is appointed by the City Council to review growth and development in South Lake Tahoe. Projects are brought before the Commission and are evaluated for consistency with the Cityâ€™s General Plan and applicable area plans. The Planning Commission reports its activities to City Council annually. This report is a compilation of all the items brought before and acted upon by the Planning Commission from October 13, 2022, to September 21, 2023. This report also describes the actions of the Airport Land Use Commission during the same time period.

Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: Anna Kashuba, Assistant Planner Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - PC and ALUC Annual Reports
02-Annual PC and ALUC Reports
31 City Council Commission Report November 21, 2023 Page 1 of 6 City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Annual Planning Commission and Airport Land Use Commission Report to City Council
Location: Citywide
Responsible Staff Member: Anna Kashuba, Assistant Planner (530-542-7405) Background:

The City of South Lake Tahoe Planning Commission is composed of five (5) citizen positions appointed by the City Council. On January 10, 2023, City Council appointed Seth Howard, Nick Speal and Natalia Wieczorek (reappointment) to 2-year terms on the Planning Commission. The terms of returning commissioners Gavin Feiger and Keith Roberts shall expire in February 2024. At the January 19, 2023, meeting, Natalia Wieczorek was selected by fellow commissioners to serve as Chair and Gavin Feiger was selected as Vice Chair. These positions shall be held for one year. On September 27, 2023, Nick Speal resigned from the Planning Commission due to a conflict of interest, resulting in one vacant seat. City Council may fill this vacancy from the available applicant list.

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

Members of the Planning Commission, plus two appointed members with aviation experience, make up the Lake Tahoe Airport Land Use Commission (ALUC). The ALUC is responsible for adopting the Airport Land Use Compatibility Plan and reviewing projects in the vicinity of the Lake Tahoe Airport for land use compatibility. The current ALUC consists solely of Planning Commission members, as the two additional seats are vacant.

City Council Resolution No. 2019-088 requires the Planning Commission and Airport Land Use Commission to report their activities to the City Council on an annual basis.

The previous report covered the period of October 14, 2021, through September 15, 32 City Council Agenda Report November 21, 2023 Page 2 of 6 2022. It was submitted to the Planning Commission on October 13, 2022, and to the City Council on November 15, 2022.

This report covers the period of October 13, 2022, to September 21, 2023.

On October 26, 2023, the Planning Commission passed a resolution recommending City Council accept and file this report.

Issue and Discussion:

Since the last report, the Planning Commission has held nine (9) regularly scheduled meetings. The meetings scheduled for December 7, 2023, and June 15, 2023, were cancelled as there were no items to be heard. No meeting was scheduled for July 2023. There were no meetings of the ALUC as none of the projects brought forth required their review.

The Commission passed resolutions for 17 items and held discussions on and provided feedback on 7 items. The breakdown of the resolutions passed by Planning Commission is as follows.

The following is a list of items heard and acted upon by the Commission at each meeting:

October 14, 2021
Present were Commissioners Fieger, Roberts, and Williams. Chair Rahbeck and Commissioner Wieczorek were absent.
 Passed Resolution 2022-016 finding that the El Dorado County acquisition of real property located at 1111 and 1119 Emerald Bay Road is consistent with the City of South Lake Tahoe General Plan.
17%
17%
50%
5%
5%6%
Resolutions Passed
Design Review Special Use
Recommendation to City Council Consistency Finding
Temporary Use Variance
33 City Council Agenda Report November 21, 2023 Page 3 of 6  Passed Resolution 2022-017 finding the Cascade Kitchen Minor Design Review and TRPA Qualified Exempt Activity is 1) categorically exempt from CEQA pursuant to Section 15301, Class 1, Existing Facilities, 2) approve the Special Use Permit, and 3) approve the Minor Design Review.
 Passed Resolution 2022-018 recommending that the City Council adopt the Local Hazard Mitigation Plan and amend the City General Plan Health and Safety Element.
 Passed Resolution 2022-019 accepting the 2021-2022 Annual Planning Commission Report and recommending approval of the report by City Council.

November 17, 2022
Present were Chair Rahbeck, Commissioners Fieger, Roberts, Williams and Wieczorek.
 Passed Resolution 2022-020 approving a City and TRPA Temporary Use Permit for Automobile Rentals at 2296 Lake Tahoe Boulevard.
 Received the City Council Economic Development Priorities Presentation.

December 7, 2023
 This meeting was cancelled as there were no agenda items.

January 19, 2023
Present were Commissioners Howard, Roberts, Speal, and Wieczorek. Commissioner Feiger was absent.
 The City Clerk administered the Oath of Office to new Commissioners Nick Speal and Seth Howard.
 Passed Motion 2023-001 selecting Commissioner Wieczorek as Chair and Commissioner Feiger as Vice Chair for the year 2023.
 Passed Resolution 2023-001 recommending the City Council adopt an Ordinance amending the South Lake Tahoe City Code Section 6.55.230 to modify permit criteria for special events.
 Passed Resolution 2023-002 adopting the 2023 Planning Commission meeting schedule.
 Received the Planning Commission Orientation Presentation.

February 23, 2023
Present were Chair Wieczorek, Commissioners Howard, Roberts and Speal. Vice Chair Feiger was absent.
 Passed Resolution 2023-003 recommending the City Council accept the 2022 General Plan APR.
34 City Council Agenda Report November 21, 2023 Page 4 of 6  Passed Resolution 2023-004 recommending City Council acceptance of surplus land inventory.
 Received a presentation and held a public workshop on the 2023 Tourist Core Area Plan updates.
 Received a presentation and held a public workshop on the 2023 Tahoe Valley Area Plan updates.

March 23, 2023
Present were Chair Wieczorek, Commissioners Feiger, Howard, and Speal.

Commissioner Roberts participated remotely pursuant to the just cause provision of the Brown Act due to illness (Gov. Code section 54953(f)(2)(4)(i).  Issued Proclamations honoring Kili Rahbeck and Doug Williams for their service to the Planning Commission.
 Received a presentation from Public Works Department staff on Bicycle Amenities and Wayfinding Signage.
 Received a presentation from staff and conducted a workshop to solicit comment from the public regarding potential local housing funding sources, specifically Transient Occupancy Tax and Real Estate Vacancy Tax Options.

April 20, 2023
Present were Chair Wieczorek, Commissioners Howard, Roberts and Speal. Vice Chair Feiger was absent.
 Commission provided direction to staff on unit efficiency requirements, emergency generator exceptions, and electrification requirements for a Stationary Source Noise Policy.
 Passed Resolution 2023-005 recommending the City Council adopt an Ordinance amending the South Lake Tahoe City Code Section 6.15.160 setting forth procedures for expediting permitting processing for electric vehicle charging systems.

May 11, 2023
Present were Chair Wieczorek, Commissioners Feiger, Roberts, Howard, and Speal.  Passed Resolution 2023-006 recommending the City of South Lake Tahoe City Council adopt an ordinance repealing City Code Section 6.10.450 (Temporary Arts and Craft Shows).
 Passed Resolution 2023-007 confirming the Final Delinquent Fees Report and Recommending City Council direct the Finance Department to send a certified copy of the Report to the El Dorado County Auditor-Controller to add the delinquent amounts to the county property tax rolls for collection. 35 City Council Agenda Report November 21, 2023 Page 5 of 6 June 15, 2023
 This meeting was cancelled as there were no agenda items.

July 2023
 No meeting scheduled.

August 17, 2023
Present were Chair Wieczorek, Commissioners Feiger, Roberts, and Howard.

Commissioner Speal participated remotely pursuant to the just cause provision of the Brown Act due to illness (Gov. Code section 54953(f)(2)(4)(i).  Passed Resolution 2023-008 1) finding the Muller Redevelopment project, Major Design Review & Special Use Permit, categorically exempt from CEQA pursuant to Section 15302, Class 2, Replacement or Reconstruction, and Section 15332, Class 32, Infill, and making all additional findings listed in the Resolution, 2) approving the Major Design Review and Special Use Permits, 3) making a TRPA Finding of No Significant Effect, and 4) approving the TRPA Permits.

September 21, 2023
Present were Chair Wieczorek, Vice Chair Feiger, Commissioners Howard, Roberts and Speal. Commissioner Howards left the meeting early.  Received a presentation, held discussion, and provided feedback on the Tahoe Valley Area Plan 2023 Amendments.
 Continued a presentation on the Tourist Core Area Plan 2023 Amendments to October 26, 2023.
 Pass Resolution 2023-010 recommending that the City Council adopt an Inclusionary Housing Ordinance, amending the South Lake Tahoe City Code by adding Title 6, Chapter 6.27.
 Passed Resolution 2023-011 approving a Major Variance Permit for fence height at 3770 Montreal Road.
 Passed Resolution 2023-012 approving a Design Review Permit and Special Use Permit for Gondola Vista Accessory Structure.

Financial Implications:

There are no financial implications associated with this City Council accepting and filing the Annual Planning Commission Report.
36 City Council Agenda Report November 21, 2023 Page 6 of 6 Environmental Considerations:

This 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:

There are no policy implications associated with the City Council accepting and filing the Annual Planning Commission Report. Pursuant to City Council Resolution No. 2019- 088, the Planning Commission is reporting its activities to the City Council as required in the adopted resolution.
37 Resolution 2023-014
Adopted by the City of South Lake Tahoe
Planning Commission
October 26, 2023
Accepting the 2022-2023 Annual Planning Commission and Airport Land Use Commission Report and Recommending the City Council Accept and File the Report

BACKGROUND
A. Pursuant to City Council Resolution 2019-088, the Planning Commission and Airport Land Use Commission must report their activities to the City Council annually.

B. This report covers the period of October 13, 2022, to September 21, 2023.

C. On October 26, 2023, the City of South Lake Tahoe Planning Commission held a duly noticed public hearing to conduct a review of the report referenced above.

D. The City of South Lake Tahoe City Planning Commission conducted a public hearing, received public comments, considered the evidence in the record, and deliberated.

E. A notice of the October 26, 2023, Planning Commission Meeting was published in the Tahoe Daily Tribune on October 13, 2023.

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

1. Finds this action is exempt from environmental review pursuant to CEQA Guidelines §15061 (b)(3).

2. Approves the 2022-2023 Annual Planning Commission and Airport Land Use Commission Report and recommends City Council accept and file the report.

Resolution 2023-014 October 26, 2023 Page 1 of 2
38 39
40 41
42 43
44 45
46 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:6
Agenda Item: Building Board of Appeals Annual Report to City Council Executive Summary: The Building Board of Appeals is the official body to hear and act on appeals of orders, decisions, or determinations made by the building official in the application and interpretation of the building and related codes adopted by the City Council. The Board meets on an as needed basis, and reports its activities to City Council every November Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: Jeremy Harrison, Building Official Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, Cioty Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Building Board of Appeals Annual Report.docx 47 City Council Report November 21, 2023 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Annual Building Board of Appeals Report to City Council Location: Citywide
Responsible Staff Member: Jeremy Harrison, Building Official (530-542-6015) Background:The City of South Lake Tahoe Building Board of Appeals is composed of five (5) citizen positions appointed by the City Council. All positions are currently filled. Two commissioners, Keith Roberts and Scott McGrill, were appointed in January of 2023 and shall serve until February of 2025. The terms of Frank Sylvester, Courtney Schmidt, and Seth Howard shall expire in February of 2024 after 2 years of service.

The Building Board of Appeals is the official body to hear and act on appeals of orders, decisions, or determinations made by the building official in the application and interpretation of the building and related codes adopted by the City Council. This body does not have administrative authority, nor may it waive or modify provisions of code. The Board meets on an as needed basis.

City Council Resolution No. 2019-088 requires all City Commissions report their activities to the City Council on an annual basis. This report covers October 2022 until September 2023.

Issue and Discussion: There have been no meetings of the Building Board of Appeals.

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

Environmental Considerations: This 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:There are no policy implications associated with the City Council accepting and filing the Annual Building Board of Appeals Report. Pursuant to City Council Resolution No. 2019-088, the Building Board of Appeals is reporting its activities to the City Council as required in the adopted resolution.
48 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:7
Agenda Item: Police Advisory Commission Annual Report
Executive Summary: This is the written annual report for the Police Advisory Commission for 2023.

This Commission annual report is required by City Resolution 2022-011, "City Commissions and Boards".

Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: David Stevenson, Chief of Police (530) 545-2765 Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01- STAFF REPORT PAC Annual Report 112123.docx
49 Council Agenda Report November 21, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Police Advisory Commission Annual Report
Location: Police Department
Responsible Staff Member: David Stevenson, Chief of Police Background: The Police Advisory Commission (PAC) was formed by the City Council via resolution at the regular scheduled City Council meeting on May 18, 2021. The 2022 Police Advisory Commission members were Erica Gonzalez (Chair), Claudia Anderson (Vice Chair), Tom Davis, Ayana Morali, and Justin Zunino.

This report was presented to the Police Advisory Commission at their regularly scheduled meeting on November 1, 2023. This report will include PAC activity from November 1, 2022 through November 1, 2023.

This is the 2nd annual report for the Commission since its formation.

Issue and Discussion: The following is a summary of the 4 Police Advisory Commission meetings held during the past year.
 February 8, 2023
o PAC commissioners selected Commissioner Gonzalez as Chair and Commissioner Andersen as Vice Chair for 2023.
o The commission passed a motion adopting the 2023 meeting calendar o Chief Stevenson presented the AB 481 annual report to the commission for review o Commissioner Gonzalez requested an item be brought back regarding use of force data including race data.
o Commissioner Zunino requested an item be brought back regarding mental health calls for service over the past few years.
 May 10, 2023
o The Police Department 2022 annual report was presented to the commission. o A report on Mental health calls for service was presented. o A report on police use of force statistics including demographic information was presented to the commission.
o Chair Gonzalez requested a presentation on the City’s Gun Violence Restraining Order program
o Chair Gonzalez also requested RIPA data be brought back to the commission when/if it is available.
50 Council Agenda Report November 21, 2023 Page 2 of 2
 August 9, 2023
o Police Advisory Commission meeting canceled due to lack of Quorum.  November 1, 2023
o Asst. City Attorney Bardzell provided the commission a presentation of the City’s gun violence restraining order program.
o Lt. Jeff Roberson provided a report on Senate Bill 2 which took affect January 1st, 2023.

This new state law created a peace officer de-certification process, new background requirements, a “Peace Officer Standards Accountability Division” within CA POST and other requirements.
o The Police Advisory Commission annual report was provided to the commission. The annual report is required to be presented to the City Council. It will be submitted to the City Council on November 21, 2023.

Financial Implications: The Police Advisory Commission administrative function costs are absorbed in current allocated city budget.

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

Policy Implications: The Police Advisory Commission operates within current City and Police Department polices.
51 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:8
Agenda Item: Ordinance Requiring Good Faith Effort on Local Hiring on Public Works Projects (Second Reading)
Executive Summary: At the City Council meeting on November 7, 2023, City Council held a first reading (by title only) and referred second reading and adoption to November 21. The proposed ordinance would encourage local hiring on public works projects awarded on a lowest responsible bidder basis and 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 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.

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 Second Reading.docx 02-Ordinance - Local Hire.docx
03-Legal Publication -Local Hire Ordinance.doc
52 Council Agenda Report November 21, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Ordinance Requiring Good Faith Effort for Local Hiring on Public Works Projects (Second 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. On November 7, 2023, City Council held a first reading (by title only) and referred second reading and adoption to this meeting 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. 53 Council Agenda Report November 21, 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). 54 Ordinance 2023-XXX November 21, 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:
55 Ordinance 2023-XXX November 21, 2023 Page 2 of 3

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.

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. 56 Ordinance 2023-XXX November 21, 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.
57 LEGAL PUBLICATION

CITY OF SOUTH LAKE TAHOE

SUMMARY OF PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that on November 7, 2023, the City of South Lake Tahoe City Council waived first reading, read by title only and referred to second reading and adoption at the November 21, 2023, City Council meeting, the following ordinance:
“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”
City Attorney’s Summary of Ordinance:
“This ordinance would require contracts for public projects over $200,000 to 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 no less than 15 percent of the contractor’s work force are such residents. This ordinance would also require that for design-build projects awarded on the basis of best value, proposals be evaluated on criteria to include 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 are such residents.” A copy of the proposed ordinance in its entirety is available for review by contacting the City Clerk’s Office at the below address or by email [email protected] Susan Blankenship
Susan Blankenship, City Clerk
City of South Lake Tahoe
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, Ca 96150
(530) 542-6005
58 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:9
Agenda Item: Inclusionary Housing Ordinance (Second Reading) Executive Summary: 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 Cityâ€™s housing initiatives. The Council requested that additional nexus and feasibility analysis be completed to further inform discussion about a potential tiered inclusionary housing percentage and in-lieu fee. The City Council subsequently directed staff to prepare an inclusionary housing ordinance based on a tiered inclusionary percentage and fee structure. The first reading of this ordinance was held on November 7, 2023.

Requested Action / Suggested Motions: Pass an Ordinance amending Title 6 of the South Lake Tahoe City Code to include Chapter 6.27, Inclusionary Housing.

Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - IHO Second Reading.docx
02-Inclusionary Housing Ordinance - Second Reading.docx 03-Legal Publication - Inclusionary Housing Ordinance.doc 59 Council Agenda Report November 21, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: An Ordinance amending Title 6 of the South Lake Tahoe City Code to include Chapter

6.27, Inclusionary Zoning (Second Reading)
Location: Citywide
Responsible Staff Members: Jessica Wackenhut Lomeli, Associate Housing Planner 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.

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. On September 21, 2023, the Planning Commission, by a vote of 4 – 0 (Commissioner Howard absent), to recommend that the City Council adopt the draft ordinance.

Issue and Discussion: The first reading of this ordinance was held on November 7, 2023.

Following staff’s presentation, public comment and Council deliberation, the Council, by a vote of 5 – 0 in favor, passed a motion to hold a first reading (by title only) of the ordinance. Staff recommends the City Council pass a motion to hold the second reading (by title only) and adopt an ordinance amending Title 6 of the South Lake Tahoe City Code to include Chapter 6.27, Inclusionary Housing.

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.
60 Council Agenda Report November 21, 2023 Page 2 of 2
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 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.

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

Program 2-11. The City shall conduct a feasibility study to explore local funding options to support affordable housing projects and programs.
61 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 62 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.

K. On November 7, 2023, the City Council held a public hearing on the first reading and directed staff to bring back the ordinance for a second reading on November 21, 2023.

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.
63 Ordinance 2023-XXX November 21, 2023 Page 3 of 6
“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.
“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;
64 Ordinance 2023-XXX November 21, 2023 Page 4 of 6
B. Multi-family residential development projects to be used for long-term rentals and having two or more dwelling units;
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.
65 Ordinance 2023-XXX November 21, 2023 Page 5 of 6
D. The inclusionary housing units shall be constructed concurrently with market rate units.

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:
66 Ordinance 2023-XXX November 21, 2023 Page 6 of 6
Published:

Second Reading:

Effective:

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
67 LEGAL PUBLICATION

CITY OF SOUTH LAKE TAHOE

SUMMARY OF PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that on November 7, 2023, the City of South Lake Tahoe City Council waived first reading, read by title only and referred to second reading and adoption at the November 21, 2023, City Council meeting, the following ordinance:
“An Ordinance Amending Title 6 of the South Lake Tahoe City Code by adding Chapter 6.27 (Inclusionary Housing)”
City Attorney’s Summary of Ordinance:
“This ordinance would facilitate the development and availability of affordable housing by requiring all nonexempt residential development projects to either include inclusionary housing units or pay an in-lieu fee, with the requirements increasing incrementally based on unit size from 2,001 square foot to over 5,000 square feet of habitable space. Exempt residential development projects not subject to this ordinance include projects with unit sizes of 2,000 square feet or less of habitable space, multifamily projects of two or more units to be used for long-term rentals, deed-restricted moderate income housing, and a replacement dwelling unit where the previous unit was destroyed by an act of nature.”
A copy of the proposed ordinance in its entirety is available for review by contacting the City Clerk’s Office at the below address or by email [email protected] Susan Blankenship
Susan Blankenship, City Clerk
City of South Lake Tahoe
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, Ca 96150
(530) 542-6005
68 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:10
Agenda Item: Ratification of Application for State and El Dorado County Funding for Police Boating Safety and Enforcement Program
Executive Summary: City Council is asked to ratify the application for, and if awarded, to accept of State and County funding for the Police Department's boating safety and enforcement efforts in the waters of Lake Tahoe in the City limits. Similar boating safety and enforcement efforts are conducted by other agencies around the Lake. The Police Department typically provides these services from mid-May through mid-September, and relies on seasonal reserve police officers for these services.

Requested Action / Suggested Motions: Pass a Resolution ratifying the application for financial aid from the California State Boating and Enforcement Aid Program; authorizing the Mayor, or the Police Chief, to sign the application for financial aid, the program agreement, and each reimbursement claim; authorizing acceptance of financial aid award from the California State Boating and Enforcement Aid Program in amount up to $100,279.17 and acceptance of El Dorado County vessel property taxes, confirmed by the El Dorado County Auditor in the amount up to $63,792.00 for a total program amount up to $164,071.17; and authorizing budget of that amount into the current Cityâ€™s budget into account #237 02110 effective July 1, 2024.

Responsible Staff Member: Lt. Scott Crivelli
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirove, Director of Finance Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Police Boat Funding
02 - Resolution - Police Boat Funding
03-Police Boat Application 2024-2025.pdf
69 Council Agenda Report - November 21, 2023 Page 1 of 2 City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Police Boat Safety and Enforcement Program Funding 2024/25 Location: Police Department
Responsible Staff Member: Lieutenant Scott Crivelli, (530) 542-6130 Background: The City provides a Police Boating Safety and Enforcement Program each year for residents and visitors of our community. This program begins approximately two weeks prior to Memorial Day weekend and ends approximately two weeks after Labor Day weekend. The program is funded every year by a state boating safety grant combined with El Dorado County vessel property taxes. The program provides the city with funding to staff the Police Department patrol boat on the waters of Lake Tahoe during this time.

Issue and Discussion: The Police Boating Safety Program is funded by two revenue sources. The first source is financial aid from California State Parks, Division of Boating and Waterways. The South Lake Tahoe Police Department applies for this aid annually. The financial aid period is from July 1, 2024 through June 30, 2025 and will be submitted to request a program cost reimbursement of $100,279.17 in financial aid from California State Parks, Division of Boating and Waterways.

The second revenue source is from El Dorado County vessel property taxes. The amount of vessel property taxes allocated for the City’s Police Boating Safety and Enforcement Program for the 2024/2025 fiscal year is $63,792.00. Provided the financial aid application is approved by California State Parks, Division of Boating and Waterways, these two funding sources combined, will fund the city’s Police Boating Safety and Enforcement Program for a total program budget up to $164,071.71 To receive this funding, California State Parks requires the City Council authorize the Mayor, or their designee, to sign the application for financial aid and the financial aid program agreement. They also require authorization for the Mayor, or their designee, to sign each reimbursement claim on behalf of the city per the agreement.

Financial Implications: There will be no additional impact to the general fund. The program will be funded as described above in the amount up to $167,071.71. Expenditures for the program will be reimbursed quarterly. Effective July 1, 2024; budget in account # 237 02110 should be amended as follows:

Revenue: #33211 $100,279.17
#31120 $63,792.00
70 Council Agenda Report - November 21, 2023 Page 2 of 2 Expenditures: #41020 (Personnel) $106,296.17
#43025 (R & M) $9,500.00
#46120 (Tools/Parts) $48,275.00
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).

Policy Implications: The police boating safety program supports the City of South Lake Tahoe’s Strategic Plan “5.1 – Public Safety”.
71 Resolution 2023-XXXX November 21, 2023 Page 1 of 2
Resolution 2023- XXX
Adopted by the City of South Lake Tahoe
City Council
November 21, 2023
Ratifying the application for financial aid from the California State Boating and Enforcement Aid Program; authorizing the Mayor, or the Police Chief, to sign the application for financial aid, the program agreement, and each reimbursement claim; authorizing acceptance of financial aid award from the California State Boating and Enforcement Aid Program in amount up to $100,279.17 and acceptance of El Dorado County vessel property taxes, confirmed by the El Dorado County Auditor in the amount up to $63,792.00 for a total program amount up to $164,071.17; and authorizing budget of that amount into the current City’s budget into account #237 02110 effective July 1, 2024.

BACKGROUND
A. The City of South Lake Tahoe Police Department operates a Police Boating Safety and Enforcement Program.

B. The City of South Lake Tahoe Police Department will apply for financial assistance from the State Boating and Enforcement Aid Program for up to $100,279.17 which shall be used solely for the Boating Safety and Enforcement Program.

C. The City of South Lake Tahoe has been allocated 2024/25 El Dorado County Vessel Taxes in the amount up to $63,792 and will expend 100 percent of these funds on a Boating Safety program.

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

1. Ratifies the California State Parks, Division of Boating and Waterways application for financial aid.

2. Authorizes the acceptance of financial aid from the California State Boating and Enforcement Aid Program for an amount up to $100,279.17 and of El Dorado County vessel taxes in amount up to $63,792.00 for a total program budget of $164,071.17.

3. Authorizes the Mayor, or the Chief of Police, to sign the Financial Aid Program Application, Program Agreement, and each reimbursement claim filed pursuant to the financial aid agreement.

4. Authorizes up to the total program budget be added to the 2023/2024 budget and allocated into account #237 02110 effective July 1, 2024 as follows:

Revenue: #33211 $100,279.17
#31120 $63,792.00
Expenditures: #41020 (Personnel) $106,296.17
#43025 (R & M) $9,500.00
#46120 (Tools/Parts) $48,275.00
Adopted by the City of South Lake Tahoe City Council on November 21, 2023 by the following vote:

Yes:

No:

Absent:
72 Resolution 2023-XXXX November 21, 2023 Page 2 of 2
Abstain:

Cristi Creegan, Mayor
Attest:

Date:

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.
73 74
75 76
77 78
79 80
81 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:11
Agenda Item: Appropriation of $145,000 for Airport Terminal Repairs and Temporary Employee Executive Summary: The Lake Tahoe Airport is in need of additional repairs for the terminal from the inside and out. These are crucial needs that need to be completed due to the age of the facility. Also, due to snow operations the Airport will need to add a temporary employee for the winter season. This will help eliminate shortage of staff for the Airport.

Requested Action / Suggested Motions: Pass a Resolution authorizing the Finance Director to appropriate $145,000.00 from Airport Available Fund Balance for for Airport Maintenance needs, including a Temporary Employee and Deferred Maintenance.

Responsible Staff Member: John Dickinson, Airport Manager Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney Attachments:
01-Staff Report - Airport Terminal Repair
02-Resolution - Airport Terminal Budget Appropriation
82 Council Agenda Report- November 21, 2023 Page 1 of 1 City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Appropriating $145,000 from Airport Available Fund Balance for Airport Maintenance needs, including a Temporary Employee and Deferred Maintenance needs.

Application Location: Airport
Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 Background: The current age of the terminal at the airport is over 70 years old and is experiencing real maintenance needs that must be completed to keep the terminal from deteriorating. These needs are crucial such as repairs on bathrooms and other facility needs.

Also, the Airport is looking add a temporary employee for the 2023-2024 snow season. This will help with staff shortages during the winter.

Issue and Discussion: The airport is looking to appropriate $145,000.00 from its cash balance on hand for terminal issues and upgrade needs. This will allow the airport to have less issues to address and keep staff on task for FAA needs. Currently, the Airport went ahead and awarded a contract for American River due to the immediate needs of the bathroom’s downstairs. This contract cost around $47,000.00 Also, additional budget appropriations will include a temporary employee for the 2023-2024 winter season.

Financial Implications: Airport cash balance will be allocated to fund the repairs and the cost of a temporary employee. No general funds will be utilized. These funds will be placed into account number 501-05120-43025 ($100K) and 501-05110-41020 ($45K).

Environmental Considerations: The project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(d) (Existing Facilities – restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety).

Policy Implications: The contracts will be procured based on requirements outlined in the City’s purchasing policy and procedures.
83 Resolution 2023-XXX November 21, 2023 Page 1 of 1
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 21, 2023
Appropriating $145,000 from Airport Available Fund Balance for Terminal Repairs due to Deferred Maintenance and Temporary Employee

BACKGROUND
A. On October 4, 2022, and November 15, 2022, the City Council approved new rates for certain fees to help eliminate subsidies from the General Fund. This has allowed the Airport to increase revenues, maintain financial balance for the Airport, and allocate these funds for additional Airport projects and needs.

B. There is approximately $1,700,000.00 in Airport fund balance currently available that can be utilized for additional Airport maintenance needs and capital projects.

C. Deferred Maintenance has caused major issues at the Airport terminal, which needs to be completed to ensure the terminal can be used fully going forward.

D. Temporary employee needed during the 2023-2024 winter season.

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 Finance Director to Appropriate $145,000.00 into the expense line item 501-05120- 43025 ($100K) and 501-05110-41020 ($45K).

Adopted by the City of South Lake Tahoe City Council on November 21, 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.
84 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:12
Agenda Item: Authorization to Apply for Caltrans Sustainable Transportation Planning Grant Program for the U.S. Highway 50 and State Route 89 Corridor Study Project Executive Summary: This action includes allocation of $20,000 in General Fund undesignated excess reserves for consultant services to assist with completing a Sustainable Transportation Planning grant application for US Highway 50 sustainable transportation planning. The planning grant amount could be up to $700,000 along with approval of $80,000 in matching funds, should the grant application be successful.

Requested Action / Suggested Motions: Pass a Resolution authorizing the Director of Public Works to submit a grant application for the Caltrans Sustainable Transportation Planning grant program fund in an amount up to $700,000, appropriating $20,000 from General Fund Undesignated Excess Reserves for consultant services to assist with preparing the grant application, and setting aside up to $80,000 in matching funds from General Fund Undesignated Excess Reserves.

Responsible Staff Member: Jason Burke, Complete Streets Program Manager, and Anush Nejad, P.E., T.E., Director of Public Works
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
02-Resolution_US_Highway_50.docx
01-Staff_Report_US_Highway_50.docx
85 Council Agenda Report November 21, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Authorization to Apply for Caltrans Sustainable Transportation Planning Grant Program for the U.S. Highway 50 and State Route 89 Corridor Study Project Location: U.S. Highway 50 and State Route 89, Citywide.

Responsible Staff Member: Jason Burke, Complete Streets Program Manager (530) 542-6038

Background: The Caltrans Sustainable Transportation Planning Grant Program has released a call for applications with a grant application deadline of January 18, 2024. The Sustainable Transportation Planning Grant Program was created to provide a safe and reliable transportation network that serves all people and respects the environment. California Senate Bill 1 – The Road Repair and Accountability Act of 2017 - is a transportation funding bill that provides a reliable fund source to maintain and integrate the State’s multi-modal transportation system.

SB 1 grant funding is intended to support the implementation of the Regional Transportation Plan (RTP), Sustainable Communities Strategy (SCS) and ultimately achieve the State’s greenhouse gas (GHG) reduction targets. The purpose of the Sustainable Transportation Planning Grant Program is to support eligible planning projects that directly benefit the multi-modal transportation system and also improve public health, social equity, environmental justice, the environment, and provide other important community benefits. A Consultant will be hired to complete the grant application for the Corridor Plan.

Issue and Discussion: The grant application will seek funding to develop a Corridor Plan to identify design alternatives of the US Highway 50 and State Route 89 roadway geometrics in order to slow traffic flow and improve the pedestrian and bicycle experience. This grant application will focus on obtaining Caltrans Sustainable Transportation Planning grant funding to hire a consultant to develop a plan to improve the pedestrian environment, support revitalization of the City, and create a setting which will increase active transportation travel throughout the City. This effort is intended to increase pedestrian/bicycle comfort and safety and increase opportunities for transit use while reducing Vehicle Miles Traveled (VMT) and will include the consideration of a Class 4 Bike Lane along the edge of the highway(s). A consultant will be hired to complete the grant application.

The Corridor Plan would support State and regional goals of reducing VMT and greenhouse gas emissions, maximizing mobility and accessibility, preserving and ensuring a sustainable regional transportation system in addition to protecting the environment and promoting equitable economic development.

Financial Implications: The Caltrans Fiscal Year 2024/2025 funding cycle for the Sustainable Transportation Planning Grant allows grant requests ranging from $100,000 to a maximum of $700,000. The required local match is 11.47%. This action includes authorization for a grant application, allocation of $20,000 from General Fund Undesignated Excess Reserves for hiring a consultant immediately to complete the grant application by the January 18, 2024 deadline and 86 Council Agenda Report November 21, 2023 Page 2 of 2
commitment of up to $80,000 in matching funds from general fund undesignated reserves if the grant is successfully awarded to the City.

Environmental Considerations: The authorization to pursue a grant application for planning and design of a U.S. Highway 50 Sustainable Transportation Corridor Plan is Statutorily Exempt from CEQA under section 15262 (Feasibility and Planning Studies) and Categorically Exempt under section 15305, Class 6 (Information Collection).

Policy Implications: Initiating a grant to fund the necessary community outreach, technical analysis and development of a plan to develop improvements to the highways in the City for all types of multi-modal transportation in a manner that is safe and accessible to all. The Project advances the City Council Strategic Priorities and Goals, specifically:
 Action Item 1.4 (Transportation): Building on the US 50 Safety project, develop a corridor plan for Highway 50 from the “Y” to “Stateline”, including major connecting arterials, while identifying options to prioritize alternative modes of transportation such as dedicated bus lanes, bike and pedestrian enhancements and the city-wide gondola.  Action Item 2.3 (Connectivity): Enhance the connectivity of the community for those on foot and bike, while promoting a car-free culture.
 Action Item 5.3 (Infrastructure and Maintenance): Actively seek funding to develop sustainable infrastructure projects, based on the prioritized capital improvement project list.

The project will also provide greenhouse gas reduction benefits, providing progress on Action #WB-1 of the 2020 Climate Action Plan: Improve bicycle and pedestrian networks. 87 Resolution 2023-XXX November 21, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 21, 2023
Authorization to Apply for Caltrans Sustainable Transportation Planning Grant Program for the U.S. Highway 50 and State Route 89 Corridor Study Project

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

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

C. The grant acceptance authorization, request to delegate authorization to execute the Restricted Grant Agreement and any amendments thereto, and request for budget appropriations will be brought to council upon notification of a grant award.

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

1. Authorizes the Public Works Director, or designee, to submit a grant application.

2. Authorizes an amendment to the adopted annual budget allocating $20,000 from General Fund Undesignated Excess Reserves to Engineering account 100-03210-42025 to hire a consultant to complete the grant application on behalf of the city and setting aside $80,000 toward the required grant match.

Adopted by the City of South Lake Tahoe City Council on November 21, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cristi Creegan, Mayor
Attest:
________________________
88 Resolution 2023-XXX November 21, 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.
89 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:13
Agenda Item: Amendment to Agreement with Placemate to Extend Term and Fund "Lease to Locals" Rental Incentive Grant Program for One Year
Executive Summary: The Lease to Locals Program's ongoing effort is to unlock existing housing for local employees. The program started in late 2021 and has since housed over 80 residents including children. Staff is requesting extending the Professional Services Agreement with Placemate for a third year. Extending the Agreement for another year would allow continued assistance in unlocking additional units.

Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute Amendment No. 2 to Agreement with Placemate (formerly Landing Locals) to extend term of "Lease to Locals" Rental Incentive Grant Program until January 15, 2025 and authorizing budget appropriations of $100,000.

Responsible Staff Member: Lydia Zuniga, Associate Management Analyst Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Placemate Amendment.docx
02-Resolution - Placemate Amendment.docx
03-C-137-2021 Landing Locals Agreement.pdf
04-C-186-2022 Landing Locals PSA Amendment 1.pdf
05-Placemate Amendment 2 (Exh. A to Reso).docx
90 Council Agenda Report November 21, 2023, Page 1 of 2 City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Amendment 2 to Professional Services Agreement with Placemate for continued administration of the “Lease to Locals” Rental Incentive Grant Program
Location: Citywide
Responsible Staff Member: Lydia Zuniga, Associate Management Analyst (530) 542-7417 Background: On October 19, 2021, the City Council adopted Resolution No. 2021-082 appropriating $500,000 in American Rescue Plan Act (ARPA) funds to initiate a long-term rental incentive grant pilot program. The Resolution authorized $72,000 for program administration, $14,000 for marketing cost, $200,000 for incentive grants to property owners. Leaving a remaining balance of $214,000 for a property management incentive program. During the meeting staff was also directed to execute a sole source Professional Service Agreement (PSA) with Landing Locals to administer the pilot program.

During the City Council meeting of August 9, 2022, staff provided an update on the status of the Lease to Locals program. The update included the success of the program, modifications to the guidelines, including the recommendation to allocate $214,000 towards the continuance of the Lease to Locals program, an extension of the program until December 2023, with a request to return to Council with an amended PSA with Landing Locals; to allow for the continuation of the administration of the program.

Shortly after the update, Landing Locals rebranded and changed their name to Placemate.

Issue and Discussion:

The intent of the Lease to Locals program and ongoing efforts is to unlock existing housing for local workers. Since the program started almost two years ago, the program has unlocked 34 households, housed 78 residents (64 adults and 14 children), with another 3 in the process of completing the application process.

Twenty-one out of the 34 grants issues have been closed and completed. Out of the 21 grants, 12 have renewed the lease for another year. The average number of unlocked households is between one to two per month. The program has demonstrated a tendency to slow during the Holidays and Summer months, which aligns with other markets. The 2022-2027 Housing Element states that, there’s also a need to provide quality, moderate income housing for year-round residents. As of today, the Lease to Locals program is the only active program within the city that’s gear towards Moderate Income level residents.

Staff recommends that the City Council authorize funds and approve the amended PSA with no changes to the scope of work provided by Placemate and authorize the Mayor to enter into the attached Amendment No. 2, to continued administration of the “Lease to Locals” Rental Incentive Grant Program until January 15, 2025 to coincide with the administrative billing cycle. The request is for a term of 12 months and ensures that the program will continue to operate under the current program guidelines and the monthly administrative fee will remain the same.

Financial Implications: The ARPA established the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program. This program is intended to provide support to state, territorial, local, and tribal 91 Council Agenda Report November 21, 2023, Page 2 of 2 governments in responding to the economic and public health impacts of COVID-19 and assist efforts to mitigate impacts on communities, residents, and businesses. Council Resolution 2021-082 appropriated $500,000 in ARPA funds to initiate the long-term rental incentive grant pilot program. The new administration cost is $90,000 and $10,000 for marketing efforts ($100,000 total administration costs).

Currently, there’s $91,000 from the sale of commodities to fund the administration part of the program available in the Workforce Housing account Fund 250. This amount along with the remaining $9,000 requested from the General Fund would be appropriated by the adoption of the Resolution.

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

Policy Implications: The effort to increase the use of existing housing stock for long-term rental is identified as the first housing action item in the City’s 2021-2026 Strategic Plan The Lease to Locals program is also 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 2-3 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.

Program 3-9 Landlord/Tenant Matching Program
92 Resolution 2023-XXX November 21, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 21, 2023
Authorizing Amendment No. 2 to Agreement with Placemate (formerly Landing Locals) to Extend the Term of “Lease to Locals” Rental Incentive Grant Program until January 15, 2025 and Authorizing $100,000 Budget Appropriations for Administration of the Extended “Lease to Locals” Program

BACKGROUND
A. As economic conditions and workforce behaviors changed as a result of the Coronavirus pandemic, the City of South Lake Tahoe experienced heightened real estate activity due to worker ability to work remotely and live further from their place of employment. This heightened market impacted the supply of single-family residences available for rent as homes previously used as rentals sold to owners looking to live in the home. These impacts contributed to an existing shortage of long-term rental supply and increased rental rates.

B. The City of South Lake Tahoe has historically had a large inventory of vacant “second homes” along with Vacation Home Rentals (VHRs) that have lost permits as a result of Measure T, the owners of which maybe incentivized to convert to long-term rentals.

C. The impact to the housing market occurred at a time when many workers within the community lost wages as businesses dependent on tourism and recreation were impacted by the Coronavirus pandemic. As businesses and public agencies became able to return to pre pandemic operations, re-hiring workers became a barrier due to a shortage of rental housing availability.

D. On October 19, 2021, the City Council approved a Professional Services Agreement with Placemate (formerly Landing Locals) to administer the Lease to Locals pilot program that would provide incentive grants to property owners, and on August 9, 2022, approved the program extension and PSA Amendment No. 1 extending the contract with Placemate until January 15, 2024.

E. Amendment No. 2 will extend the program for one additional year and extent the contract with Placemate until January 15, 2025 for a total additional cost of $100,000 to be funded for the most part from the revenue received from the sale of commodities.

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

1. Authorizes and directs the Mayor to execute Amendment No.2 with Placemate (formerly Landing Locals) for continued administration of the “Lease to Locals” program, which is attached hereto as Exhibit “A.”
93 Resolution 2023-XXX November 21, 2023 Page 2 of 2

2. Authorizes the appropriation of funds into the fiscal year 2023/2024 budget as follows:

From Work-Force Housing Account Number: 250-06024: $91,000 From General Fund Undesignated Excess Reserve Revenue: $9,000 Total Transfer out to Housing CIP: $100,000
LT Rental Incentive Pilot Program Housing CIP Account Number: 320-30003 Transfer In from Work-Force Housing Account: 50036 $91,000 Transfer in from General Fund: 50001 $9,000
Professional services: 42020 $100,000
Adopted by the City of South Lake Tahoe City Council on November 21, 2023 by the following vote:

Yes:

No:

Absent:

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 1st day of December, 2021 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Landing Locals (“Consultant”).

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

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

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

AGREEMENT

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

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

All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for one year.

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4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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

6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.

Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.

7. Ownership of Documents.

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

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be C-137-2021
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9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

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

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

10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquireany interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would beaffected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect tohis/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
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11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

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

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

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

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all C-137-2021
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Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.

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

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

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

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b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.

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

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

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

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: Colin Frolich, Chief Executive Officer 10418 Donner Pass Road Unit C
Truckee CA 96161

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By By
Joseph Irvin, City Manager Colin Frolich, Chief Executive Officer Date Date
APPROVED AS TO FORM:

By___________________________
Heather Stroud, City Attorney
ATTEST:

By
Susan Blankenship,
City Clerk
Attachments:

Exhibit A – Scope of Services
Business License #
Date
Date
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
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EXHIBIT A

SCOPE OF SERVICES
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Scope of Work
To: Zach Thomas - Housing Manager, City of South Lake Tahoe From: Colin Frolich, Chief Executive Officer
Kai Frolich, Chief Impact Officer
(530) 213-3093
[email protected]
10418 Donner Pass Road Unit C
Truckee CA 96161
Date: Oct 5, 2021
Re: Scope of Work to Administer The Long-Term Rental Grant Pilot Program for The City of South Lake Tahoe
The Long-Term Rental Grant Program (the “Program”), originally piloted in Truckee, is geared at increasing the inventory of rental homes for local households. Long-term rental inventory is added to the local housing market by offering homeowners a one-time cash grant to encourage property owners to convert their homes and rooms into long-term rentals.

The following scope of work and budget are intended to respond to the City of South Lake Tahoe’s desire to test an incentive program to respond to the local-housing crisis residents face.

Incentive Structure

1. Incentive Amount

2. Term of Leases Permitted

3. Type of Properties allowed

4. Tenant Employment Restrictions
(1) Incentive Amount:
$2,000 grant per local housed (including children), up to $10,000 per home, with “local” defined below. The grant will be broken up into two payments: One at lease signing, and one at the 12-month mark
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(2) Term of Lease
Property owner would be required to sign a 12-month lease with the tenant(s) (3) Type of Units Allowed
First and foremost, we want to ensure that the properties and rooms participating in the Program were not previously long-term rentals and we are unlocking new housing units. Target housing inventory for the Program includes short-term rentals with expired permits, vacation and second homes, or rooms that are empty due to changes in property use or ownership (converting an office, empty nesters, recently purchased properties, etc.).

There are two requirements for the property:

1. The following types of housing units that will be eligible in the program:
● Single family homes, townhomes, and condos
● Room rentals (must be owner-occupied property)

2. The property must be located in the city limits of South Lake Tahoe. (4) Tenant Qualification Requirements:

Household income must not exceed 125% of the Area Median Income (AMI). For unrelated adults we will take the average of the income of each of the adults in the household.

Program Tasks
The following outlines the tasks that Landing Locals will complete to help administer the Program for the City of South Lake Tahoe.
1) Outreach and Education
Working with local homeowners, property managers, realtors, and other real estate professionals to get the word out about the program and ensure they understand how it works and how they can qualify for the incentive. This includes building a dedicated webpage on LandingLocals.com and dedicated (530) phone number for the program. 2) Customer Service
Responding to all inbound inquiries via web, email, and phone for qualifying properties to ensure homeowners understand the program and how they can qualify for the grant.. landing Locals will compile feedback on the program to inform program modifications.
3) Administration
Working with Staff to ensure we have backend operations to process and approve the grants. This includes setting up systems like Excel Spreadsheets and Dropbox folder.

Landing Locals would review leases, qualify tenants, and ensure property owners receive grant payment(s). To process the grants, Landing Locals will provide the City Staff with:
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● A signed copy of the lease agreement signed by property owner/manager and tenant(s)
● A w9 and check request from the property owner
● Supporting Income verification (w2, paystub, or tax return) to ensure household income does not exceed 125% AMI
4) Reporting
We'd identify a cadence for meeting and reporting out to stakeholders (Staff, Council).

We'd provide bi-weekly updates to Staff on results vs. targets and feedback we are hearing from renters, homeowners, property managers, and the public. 5) Auditing
Landing Locals would ensure the full lease term was executed and tenants are still meeting employment/income requirements by following up directly with the tenant and landlord. Landing Locals would also report back on the landlord's intentions after the initial lease to see what units remain long term rentals and which ones go back to their original use.

Proposed Program Budget and Timing
Dec 1, 2021 — Nov 30, 2022
Housing Grants: $200,000
● up to 100 housing grants at $2,000/each
Administration Fee: $72,000
● Billed monthly at $6,000/mo
Marketing/Advertising Costs: $14,000
● Postcard Mailing to Second-Home Owners ($4,000)
○ $0.40 per postcard to 10k addresses
● Various other marketing opportunities including setting up website, print, digital, and outreach opportunities geared at property owners ($10,000) Total Budget = $286,000
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EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $86,000
(travel is included in the TOTAL (not to exceed amount) TOTAL (not to exceed) $ 86,000
C-137-2021
DocuSign Envelope ID: 21F23F9A-DC9D-4E9B-8BFA-556AD123912F DocuSign Envelope ID: B894CE9C-D72B-4F15-935E-718EEECD6521 112

EXHIBIT C

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

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

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

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

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

Consultant:

Colin Frolich, Chief Executive Officer
By:

C-137-2021
DocuSign Envelope ID: 21F23F9A-DC9D-4E9B-8BFA-556AD123912F DocuSign Envelope ID: B894CE9C-D72B-4F15-935E-718EEECD6521 113

Page 1 of 2 ends

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
Amendment # 1
This Amendment modifies the Professional Services Agreement between the City of South Lake Tahoe, a municipal corporation (“ City”) and Landing Locals (“ Consultant”) entered into on December 1, 2021 ( C-137-2021).

The Professional Services Agreement is amended to read as follows:

Section 2. Term/ Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue until January 15, 2024 Section 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant' s compensation, including travel and out-of-pocket expenses, exceed $ 86,000 $200,000 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

The Proposed Program Budget and Timing in Exhibit A (Scope of Work) is amended to read as follows:

Proposed Program Budget and Timing
Dec 1, 2021- Nov 30, 2022 December 1, 2021 — January 15, 2024 Housing Grants: $ 200,000 $300,000
Up to 100 150 housing grants at $2,000/ each (not included in the PSA, separate program account)
Administration Fee: $72,000 $177,000
Billed monthly at $6,000 $7,500/ mo
Marketing/ Advertising Costs: 14,000 $23,000
Postcard Mailing to Second- Home Owners ($4,000 at $0.40 per postcard to 10k addresses)
Various other marketing opportunities including setting up website, print, digital, and outreach opportunities geared at property owners ($ 6,000) Total Budget = $286,000 $500,000
C-186-2022 114

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Exhibit B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees ( not to exceed) $ 200,000
travel is included in the TOTAL ( not to exceed amount) TOTAL ( not to exceed) $ 200,000
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By___________________________ By ________________________________ Devin Middlebrook, Mayer Colin Frolich, Chief Executive Officer Date __________________________ Date _________________________ APPROVED AS TO FORM:

By____________________________ Date _________________________ Heather Stroud, City Attorney
ATTEST:

By______________________________ Date __________________________ Susan Blankenship, City Clerk
C-186-2022
Sue Blankenship ( Nov 2, 2022 11:22 PDT)
Nov 2, 2022
Heather Stroud (Nov 3, 2022 09:05 PDT) Nov 3, 2022
Devin Middlebrook ( Nov 3, 2022 09: 36 PDT)
Nov 3, 2022
Colin Frolich ( Nov 3, 2022 13:10 EDT)
Colin Frolich
Nov 3, 2022
115
C-186-2022 Landing Locals PSA Amendment 1
Final Audit Report 2022- 11-03
Created: 2022- 11-02
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAABBQWVnSvdx3kIb_ msrL6grpSzdjpygAW C-186-2022 Landing Locals PSA Amendment 1" History
Document created by jo Mcdonough ([email protected]) 2022- 11- 02 - 6:00:02 PM GMT- IP address: 128. 92.136. 146 Document emailed to Sue Blankenship ([email protected]) for signature 2022- 11- 02 - 6:08:09 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2022- 11- 02 - 6:22:02 PM GMT- IP address: 128. 92.136. 146 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2022- 11-02 - 6:22:14 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to Heather Stroud ([email protected]) for signature 2022- 11- 02 - 6:22:16 PM GMT
Email viewed by Heather Stroud ([email protected])
2022- 11- 03 - 4:04:47 PM GMT- IP address: 128. 92.136. 146 Document e-signed by Heather Stroud ([email protected]) Signature Date: 2022- 11-03 - 4:05:03 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to [email protected] for signature 2022- 11- 03 - 4:05:30 PM GMT
Email viewed by dmiddlebrook@cityofslt. us
2022- 11- 03 - 4:35:54 PM GMT- IP address: 128. 92.134. 66 Signer [email protected] entered name at signing as Devin Middlebrook 2022- 11- 03 - 4:36:16 PM GMT- IP address: 128. 92.134. 66 Document e-signed by Devin Middlebrook ([email protected]) Signature Date: 2022- 11-03 - 4:36:18 PM GMT - Time Source: server- IP address: 128. 92.134. 66 116
Document emailed to colin@landinglocals. com for signature 2022- 11- 03 - 4:36:20 PM GMT
Email viewed by [email protected]
2022- 11- 03 - 4:37:22 PM GMT- IP address: 66.102. 8.165 Signer [email protected] entered name at signing as Colin Frolich 2022- 11- 03 - 5:10:44 PM GMT- IP address: 72.45.178. 106 Document e-signed by Colin Frolich ([email protected]) Signature Date: 2022- 11-03 - 5:10:46 PM GMT - Time Source: server- IP address: 72.45.178. 106 Agreement completed.
2022- 11- 03 - 5:10:46 PM GMT
117

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CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
Amendment #2
This Amendment, effective November 21, 2023, modifies the Professional Services Agreement between the City of South Lake Tahoe, a municipal corporation (“City”) and Landing Locals (“Consultant”) entered into on December 1, 2021 (C-137-2021).

The Professional Services Agreement is amended to read as follows:

Section 2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue until January 15, 2025 Section 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation, including travel and out-of-pocket expenses, exceed $600,000 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

The Proposed Program Budget and Timing in Exhibit A (Scope of Work) is amended to read as follows:

Proposed Program Budget and Timing
December 1, 2021 – January 15, 2025
Housing Grants: $300,000 ($154,000 remaining funds after committed grants)
● Up to 150 housing grants at $2,000/each (not included in the PSA, separate program account)
Administration Fee: $267,000
● Billed monthly at $7,500/mo
Marketing/Advertising Costs: $33,000
● Postcard Mailing to Second-Home Owners ($4,000 at $0.40 per postcard to
10k addresses)
● Various other marketing opportunitiesincluding setting up website, print,
digital, and outreach opportunities geared at property owners ($6,000)
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Page 2 of 2 ends

Total Budget = $600,000
The Schedule of Charges and Timeline (Exhibit B) is amended to read as follows:

Exhibit B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $600,000
(travel is included in the TOTAL (not to exceed amount) TOTAL (not to exceed) $600,000
IN WITNESS WHEREOF, the parties have caused this Amendment 2 to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By By
Cristi Creegan, Mayor Chase Janvrin, General Manager
Date Date
APPROVED AS TO FORM:

By Date
Heather Stroud, City Attorney
ATTEST:

By Date
Susan Blankenship, City Clerk
119
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:14
Agenda Item: Agreement with Lew Edwards Group to Provide Ballot Measure Consulting Services Executive Summary: On September 26, 2023, the City Council passed a motion (4-1, Wallace no) to direct staff to move forward in discussions with a polling firm to poll the public on a TOT increase of 2 percent for general fund and moving to charter city status with a focus on adding a real estate transfer tax, dependent on the ad hoc Charter City Subcommittee having a fully formed proposal that is ready to receive polling data. Staff recommends contracting with Lew Edwards Group (LEG) for consulting and outreach services, including stakeholder and community engagement and public opinion research. In order to prepare to have a potential ballot measure ready for the November 2024 election, staff requests approval of an agreement with LEG to provide consulting and public outreach services, in an amount not to exceed $107,500.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute sole source agreement with Lew Edwards Group for ballot measure consulting services in an amount not to exceed $107,500.

Responsible Staff Member: Heather Stroud, City Attorney Joseph Irvin, City Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01 - Staff Report-LEG Agreement.docx
02 - LEG Agreement.docx
03 - LEG Sole Source.pdf
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Council Agenda Report- November 21, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Agreement with Lew Edwards Group to Provide Ballot Measure Consulting Services Location: “Citywide”
Responsible Staff Members: Heather Stroud, City Attorney (530) 542-6046 Joseph Irvin, City Manager (530) 542-6000
Background:

On September 26, 2023, the City Council passed a motion (4-1, Wallace no) to direct staff to move forward in discussions with a polling firm to poll the public on a TOT increase of 2 percent for general fund and moving to charter city status with a focus on adding a real estate transfer tax, dependent on the ad hoc Charter City Subcommittee having a fully formed proposal that is ready to receive polling data. Staff recommends contracting with Lew Edwards Group (LEG) for consulting and outreach services, including stakeholder and community engagement and public opinion research. In order to prepare to have a potential ballot measure ready for the November 2024 election, staff requests approval of an agreement with LEG to provide consulting and public outreach services, in an amount not to exceed $107,500.

Issue and Discussion:

Staff recommends authorizing an agreement with LEG to provide consulting services to assist the City with conducting public outreach and public opinion research. This agreement is subject to South Lake Tahoe City Code section 3.45.060 (Sole Source Purchases). This sole source purchase is in the best interest of the City because there are very few consulting firms in California that provide this type of specialized services, and even fewer that have the proven track record of LEG in assisting local governments achieve voter approval of revenue-generating ballot measures. FM3 Research will serve as a subconsultant under LEG to conduct polling and public opinion research.

Financial Implications:

Budget of $107,500 for the contract with LEG is available in the Non-Departmental account 100- 01951-42020 Professional Services due to budget savings realized from other contracts that will either not be moving forward or came under budget based on the most recent cost estimate received. While the amount of revenue to be generated would depend on whether Council ultimately elects to put a TOT increase or charter city/real property transfer tax on the ballot, it is anticipated that a 2 percent TOT increase would raise approximately $3,250,000 per year in additional revenue, and a real property transfer tax with a marginal progressive tax rate could raise approximately $4 million annually, dependent on the tax rate. 121
Council Agenda Report- November 21, 2023 Page 2 of 2
Environmental Considerations:

This action is not a “project” subject to review under California Environmental Quality Act (CEQA) under 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:

This agenda item is consistent with the City's Strategic Plan Goal 1.3.4 - Establish a local discretionary funding source to leverage access to and increase competitiveness for outside funds, and implement City Council direction to conduct outreach to analyze vacancy tax and transient occupancy tax funding sources and Goal 1.4.1 - Evaluate the option to develop a local revenue source (i.e., TBID, a Basin entry fee, paid parking, overnight parking fees at hotels and enhanced enforcement) to support transportation projects. 122
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CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 21st day of November 2023 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and The Lew Edwards Group, a California corporation (“Consultant”).

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

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

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

AGREEMENT

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for approximately one year, ending on November 15, 2024.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $107,500.00 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed in that given month, the and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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.
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7. Ownership of Documents.

All plans, studies, documents and other writings that are final work products, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. This provision specifically excludes Consultant’s working notes, drafts, and items that are not final.

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

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, 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 125
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termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel 126
A-5
independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

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

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

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
128
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Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less 129
A-8
than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in 130
A-9
limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.

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

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

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: Catherine Lew
The Lew Edwards Group
PO Box 21215,
Oakland, CA 94620

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional 131
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reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City has requested and approved FM3 Research as Consultant’s subcontractor for public opinion studies.

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

Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements 133
A-12
if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

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

31. Time is of the Essence. Time is of the essence for this Agreement. 134
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32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

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

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

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By___________________________ By ________________________________ Cristi Creegan, Mayor Catherine Lew, Principal Consultant Date __________________________ Date _____________________________ Business License # ___________________
APPROVED AS TO FORM:

By____________________________ Date ________________________________ Heather Stroud, City Attorney
ATTEST:

By______________________________ Date ________________________________ Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
135
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EXHIBIT "A"

SCOPE OF SERVICES
 Review representative projects and discuss Best Practices with City. 136
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 Review City archival information and current demographics and voter dynamics.
 Conduct audit of City coverage in public arena over past year.  Engage with city staff to understand project needs.
 Recommend and update timeline of key milestones.
 Through designated subcontractor FM3 Research, conduct updated baseline public opinion research; facilitate/oversee such research; provide analysis and strategic recommendations from that research.  Advise City on meaningful stakeholder engagement and consensus building.
 Assist the City with ongoing public communications and develop content for digital, online, mailed and other informational outreach content  Develop and continually update Informational Messaging Platform for community engagement program.
 Develop draft content for Public Engagement Messaging Suite, such as website copy, FAQs, engagement tools, and PowerPoint/Speakers’ Presentation
 Recommend strategies to disseminate information and engage stakeholders and/or the public.
 Provide press releases and other text copy for the Internet, traditional Digital, Earned Media and/or Social Media.
 Work with the City to provide clarifying or correct information to the public on a rapid response basis as needed. (Consultant does not function as a spokesperson for the City)
 Advise the City on the viability of preparing for potential 2024 ballot measure/s. If doing so, add value to the development of staff reports, city resolutions, and ballot materials.
 Conduct regular telephonic or video planning sessions, provide ongoing strategic advice.

Legal services/advice are not within Consultant’s scope of work. No onsite meetings will be required of Consultant.

EXHIBIT "B"
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COMPENSATION
Consultant’s professional fee shall be at the discounted monthly rate of Six Thousand Dollars ($6,000.00) per month for the term of this Agreement due and payable on the last business day of each month commencing November 30, 2023 and ending on November 15, 2024 (each respective month of November is prorated to half the month): $72,000.00
Public Opinion Research: one dual mode online/telephone study of up to 300 respondents, approximately twenty minutes in length through approved subcontractor FM3 Research upon invoice by Consultant: $35,500.00 Not to Exceed: $107,500.00
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EXHIBIT C

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

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

Consultant:

Catherine Lew, Principal Consultant
By:________________________________________
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:15
Agenda Item: Memoranda of Understanding (MOU's) with the Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works Executive Summary: Attached is a resolution that approves Memoranda of Understanding (MOU's) with the Police Officers' Association, the Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works. These MOU's will be effective retroactively from October 1, 2023, to September 30, 2026. As part of the agreement, the City Classification & Compensation study will be implemented, bringing classifications under market median to market median, in some cases with internal alignment maintained. The MOU's also include a cost-of-living adjustment (COLA) of 4.2% for all classifications, effective October 1, 2023. In addition, there will be a COLA increase of 1%-4% for the years 2024 and 2025, based on the annual SF/Oakland/Hayward CPI as of the month of April. Both the POA and PSC bargaining groups have agreed to eliminate their 401a matching benefit, which will be rolled back into their base hourly rate. The MOU's offer a benefits package with reduced rates for both employees and the City while maintaining city-sponsored options.

Lastly, there are minor "clean-up" provisions included in the MOU's.

Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute MOU's with the Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works.

Responsible Staff Member: Ember Buckman, CGHR-CP, Human Resources Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01 - Staff Report South Lake Tahoe POA, PSC, Local 39 Gen & PW, and Local 39 Admin & Conf MOU.docx
02-Resolution - MOUs for POA, PSC, Local 39 Gen & PW and Local 39 Admin & Conf.docx 03 - MOU SLTPOA (EXH. A to RESO).pdf
04 - MOU Local 39 GenPW (EXH B to RESO).pdf
05 - MOU Local39 AdminConf (EXH C to Reso).pdf
06 - MOU SLTPSC (EXH D to Reso).pdf
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Council Agenda Report November 21, 2023 Page 1 of 3
City of South Lake Tahoe
Report to City Council
November 21, 2023
Title: Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works Labor Agreements Location: Citywide
Responsible Staff Member: Ember Buckman CGHR-CP, Human Resources Manager (530) 542-6050
Background: In accordance with the provisions of the Meyers-Milias-Brown Act (MMBA), the City has met and conferred in good faith with employees represented by the City's bargaining units.

The City Council of the City of South Lake Tahoe and the Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works union as represented by the attached resolution have successfully approved tentative agreements on wages, hours, and other terms and conditions of employment. This process has resulted in changes to the previous Memoranda of Understanding (MOUs) and requires approval of updated Memoranda of Understanding for the bargaining units.

The previous MOUs for Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works were effective from January 1, 2021 through September 30, 2023.

The proposed changes to the existing MOUs are consistent with instructions provided by the South Lake Tahoe City Council during the meet and confer process with the City's Labor Negotiators. The Associations/Unions and City representatives have acted in good faith throughout the bargaining process in arriving at these proposed agreements.

Issue and Discussion: Action is being requested by the City Council to adopt a resolution approving new Memoranda of Understanding (MOUs) with Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works
To complete this process successfully, the terms and conditions proposed herein must be ratified at a public meeting. Ratification of agreements whose changes fall within the instructions provided by the City Council and are ratified by the Associations/Unions demonstrates good faith bargaining by the City of South Lake Tahoe.

For the Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works MOUs:
:
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Council Agenda Report November 21, 2023 Page 2 of 3

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

2. Salary Increase:

Implementation of City Classification and Compensation study to align classifications with market median over a three-year implementation period, while also considering internal alignment.

4.2% salary increase October 1, 2023 for all classifications 1%-4% COLA (based on April CPI SF/Oakland Hayward) for all classifications the first pay period containing October 1, 2024
1%-4% COLA (based on April CPI SF/Oakland Hayward for all classifications the first pay period containing October 1, 2025
Maintain the current internal relationship for Safety Classifications as follows:

Police Sergeant – Maintain current relationship above Police Officer Police lieutenant – Maintain current relationship above Police Sergeant Fire Battalion Chief – Maintain current relationship above Fire Captain

3. City Medical Plans:

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

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

PPO 1000 - The City will cover the full premium cost of this plan for the first year (2024) only.

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

(2024) rates are as follows:

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

4. Deferred Compensation – City Matching 401a Benefit
The Police Officers’ Association and Police Supervisors’ Committee bargaining groups have agreed to eliminate their 401a matching benefit and roll it back into their base hourly rate.

5. Section 30.1 Work Schedule (POA)
Employees may opt out of payback time. Employees who opt out of payback time will be granted four (4) hours of Wellness Release Time.

6. Public Safety Dispatcher Supervisor (PSC)
If a Public Safety Dispatcher (PEA) receives an increase in Simulcast pay or EMD certification pay or equivalent, the same increase will be implemented on the same date for the Public Safety Dispatch Supervisor. This ensures the internal alignment between the Dispatcher and Dispatch Supervisor is maintained.

7. Clean-up provisions included in the MOU’s
Financial Implications: The contract changes have been budgeted in the upcoming fiscal years and have no effect on the current year budget.

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

Policy Implications: This action is consistent with 2023-2028 Strategic Plan Action Item 4.3.4, Implement the City’s Classification and Compensation study. 144
Resolution 2023-XXX November 21, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
November 21, 2023
Approving Memoranda of Understanding’s with the Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works Bargaining Groups

BACKGROUND
A. The City of South Lake Tahoe and the Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works bargaining groups have met and conferred in good faith in accordance with the provisions of the Meyers-Milias-Brown Act of the California Government Code; and B. The Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works bargaining groups have ratified modifications to their respective Memoranda of Understanding for the term of October 1, 2023, through September 30, 2026.

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

1. Authorizes and directs the Mayor to execute the Memoranda of Understanding with the Police Officers' Association, Police Supervisors' Committee, Local 39 Administrative and Confidential, and Local 39 General & Public Works which are attached hereto as Exhibit A, B, C, and D and directs the City Manager to take all steps that are proper and necessary to implement these agreements.

Adopted by the City of South Lake Tahoe City Council on November 21, 2023, by the following vote:

Yes:

No:

Absent:

Abstain:
___________________________ Date:___________
Cristi Creegan, Mayor
Attest:
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Resolution 2023-XXX November 21, 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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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SOUTH LAKE TAHOE

AND THE
SOUTH LAKE TAHOE POLICE SUPERVISORS’ COMMITTEE
October 1, 2023 THROUGH September 30, 2026
251

TABLE OF CONTENTS
Page
-iSECTION 1. GENERAL PROVISIONS........................................................................ 1

1.1 City Recognition...................................................................................... 1

1.2 Association/Committee Recognition ....................................................... 1

1.3 Dues Deductions……………………………………………………………...2

1.4 Management Rights ……………………………………………………….…3
SECTION 2. LIMITATION OF EFFECT ....................................................................... 4 SECTION 3. HEALTH AND WELFARE ....................................................................... 4

3.1 Eligibility for Medical Benefits………………………………………………..4

3.2 Medical Benefits ..................................................................................... 4

3.3 Medical Coverage Opt Out……………………………………………….…..5

3.4 Dental Plan ............................................................................................ .6

3.5 Vision Plan............................................................................................. .6

3.6 Life Insuarance and Long Term Disability ………………………….......... 6

3.7 Preventive Care ..................................................................................... 7

3.8 Legislative Changes ............................................................................... 7

3.9 Application of Insurance Plan …………………………………………….…7

3.10 Flexible Savings Account........................................................................ 7

3.11 Police Department Physical Fitness Workout Room............................... 7 SECTION 4. SICK LEAVE ........................................................................................... 8

4.1 Accrual.................................................................................................... 8

4.2 Catastrophic Leave Bank........................................................................ 8

4.3 Sick Leave Payout................................................................................ 10

4.4 Payout Calculation................................................................................ 11

4.5 Sick Leave Notification. ........................................................................ 11

4.6 Sick Leave Reopener………………………………………………………..11
SECTION 5. GRIEVANCES AND APPEALS FROM DISCIPLINARY ACTION ......... 11

5.1 Grievances will be processed in accordance with Appendix B. ............ 11

5.2 Appeals from disciplinary action will be processed in accordance with Appendix C.................................................................................... 11 SECTION 6. CONCERTED ACTIVITIES................................................................... 11 SECTION 7. HOLIDAYS – HOLIDAY LEAVE............................................................ 12 252

TABLE OF CONTENTS
(continued)
Page
-ii7.1 Official City Holidays............................................................................. 12

7.2 Personnel Granted Holidays Off ........................................................... 12

7.3 Personnel Not Granted Holidays off ..................................................... 12

7.4 Holiday Pay Calculation........................................................................ 13

7.5 Floating Leave Hours............................................................................ 13 SECTION 8. P.O.S.T. CERTIFICATE PAY, EDUCATIONAL/INCENTIVE PAY AND BILINGUAL PAY ............................................................................................. 13

8.1 P.O.S.T. Certification............................................................................ 13

8.2 Supervisory Leadership Institute .......................................................... 14

8.3 Bachelors’/Masters’ Degree.................................................................. 14

8.4 Eligibility................................................................................................ 14

8.5 Bilingual Pay......................................................................................... 14

8.6 Additional Pay ……………………………………………………………….15
SECTION 9. TUITION REIMBURSEMENT…...………………………………..………..15

9.1 Tuition Reimbursement provisions applicable to all unit employees, except for the "Fire Battalion Chief" classification …………………….....15

9.2 Tuition Reimbursement provisions applicable to the "Fire Battalion Chief" classification only ……………………………………………………………16
SECTION 10. SUPPORT DIVISION APPOINTMENTS............................................. 16 SECTION 11. SALARIES........................................................................................... 16

11.1 Changes to Salary Ranges................................................................... 16

11.2 Longevity Pay ....................................................................................... 17

11.3 Additional Longevity Pay. ..................................................................... 18

11.4 Deferred Compensation - City Matching: 457 Defined Contribution Plan. ..................................................................................................... 19 SECTION 12. VACATION LEAVE ............................................................................. 19

12.1 Entitlement to Take Vacation................................................................ 19

12.2 Probationary Employees....................................................................... 19

12.3 Computing Vacation/Accrual. ............................................................... 19

12.4 Additional Vacation Accrual.................................................................. 20

12.5 Timing of Vacation................................................................................ 21

12.6 Pay for Unused Vacation...................................................................... 21 253

TABLE OF CONTENTS
(continued)
Page
-iii12.7 Holidays During Vacation. .................................................................... 21

12.8 Vacation as Sick Leave ........................................................................ 21

12.9 Partial Vacation..................................................................................... 22

12.10 Requesting Vacation............................................................................. 22

12.11 Vacation Sell Back................................................................................ 22

12.12 Vacation Pay Out Rate. ........................................................................ 23 SECTION 13. UNIFORMS......................................................................................... 23

13.1 Uniform Allowance................................................................................ 23

13.2 Damaged Uniforms and Equipment...................................................... 24

13.3 Safety Equipment. ................................................................................ 25

13.4 Class A Uniforms.................................................................................. 26 SECTION 14. COMPENSATORY LEAVE ................................................................. 26

14.1 Compensatory Leave provisions applicable to the unit employees, except for the "Fire Battalion Chief" classification ………………………………..26

14.2 Compensatory Leave provisions applicable to the "Fire Battalion Chief" classification only ……………………………………………………………26
SECTION 15. ADMINISTRATIVE LEAVE.................................................................. 27 SECTION 16. RETIREMENT PLAN........................................................................... 27

16.1 Definitions............................................................................................. 27

16.2 Retirement Benefits for Sworn Safety Members................................... 27

16.3 Retirement Benefits for Miscellaneous Members ................................. 29

16.4 Retirement Benefits for Safety Members (applicable to the “Fire Battalion Chief” classification only). ...................................................... 30

16.5 City’s Human Resources Department................................................... 32 SECTION 17. PAY FOR CALL-BACK AND COURT TIME FOR NON-EXEMPT CLASSIFICATIONS ........................................................................................ 32

17.1 Call-Back .............................................................................................. 32

17.2 Court Time............................................................................................ 32 SECTION 18. ALTERNATE ASSIGNMENTS............................................................ 32

18.1 Emergency Assignments ...................................................................... 32

18.2 Simulcast .............................................................................................. 33 SECTION 19. PERSONNEL ASSIGNMENTS........................................................... 33 254

TABLE OF CONTENTS
(continued)
Page
-iv19.1 July 4 .................................................................................................... 33

19.2 Sworn Employee Work Period, Work Schedules, and Overtime. ......... 33

19.3 Non-Sworn Employee Work Schedule.................................................. 33

19.4 Work Period and Work Hours ............................................................... 34

19.5 Shift Stipend and Administrative Time Off—applicable to the “Fire Battalion Chief” classification only. ....................................................... 34 SECTION 20. RESIDENCY RESPONSE TIME......................................................... 34 SECTION 21. NICOTINE USE RESTRICTIONS ....................................................... 35

21.1 Nicotine Use Restrictions provisions applicable to all unit employees, except for the "Fire Battalion Chief" classification ……………………….35

21.2 Nicotine Use Restrictions provisions applicable to the "Fire Battalion Chief" classification only ……………………………………………………35
SECTION 22. ANTI-NEPOTISM ................................................................................ 35 SECTION 23. SAVINGS PROVISION ....................................................................... 35 SECTION 24. ASSOCIATION/CITY BUSINESS........................................................ 36 SECTION 25. BEREAVEMENT LEAVE..................................................................... 36 SECTION 26. PATROL SHIFT SIGN UP................................................................... 36 SECTION 27. AWARDS LEAVE................................................................................ 36 SECTION 28. MANDATORY PHYSICAL EXAMINATIONS....................................... 37 SECTION 29. SCHEDULING TIME OFF................................................................... 37 SECTION 30. RANK-FOR-RANK SHIFT TRADES.................................................... 37 SECTION 31. RECRUITING...................................................................................... 38 SECTION 32. LICENSING......................................................................................... 38 SECTION 33. ELIGIBILITY FOR STEP INCREASES................................................ 38 SECTION 34. LAYOFFS/REDUCTION IN FORCE.................................................... 38

34.1 Severance Package.............................................................................. 38 SECTION 35. PERSONAL BIDDING FOR STATIONS ............................................. 40 SECTION 36. STAFFING .......................................................................................... 40 APPENDIX A …………………………………………………………………………………41
APPENDIX B …………………………………………………………………………………42
APPEDDIX C ………………………………………………………………………………...47
255

TABLE OF CONTENTS
(continued)
Page
-vAPPENDIX D ………………………………………………………………………………...52
APPENDIX E …………………………………………………………………………………54
APPENDIX F………………………………………………………………………………….56
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Police Supervisors MOU 2023-2026 Page 1

MEMORANDUM OF UNDERSTANDING

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF SOUTH LAKE TAHOE

AND THE
SOUTH LAKE TAHOE POLICE SUPERVISORS’ COMMITTEE
The South Lake Tahoe Police Supervisors' Committee (“Association” or “Committee”) and representative of the City of South Lake Tahoe (“City”) have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment of employees in the representation unit identified in Appendix A, have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding (“MOU”) is entered into pursuant to the MeyersMilias-Brown Act (Government Code Sections 3500 et. seq) and City of South Lake Tahoe Resolution No. 1977-133 adopted July 19, 1977 and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the City Council of the City of South Lake Tahoe as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1, 2023 and ending September 30, 2026.

SECTION 1. GENERAL PROVISIONS

1.1 City Recognition - The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of South Lake Tahoe, hereinafter referred to as the "City", in employer-employee relations.

1.2 Association/Committee Recognition - The South Lake Tahoe Police Supervisors' Committee, hereinafter referred to as the "Association/Committee", is the recognized employee organization for the Police Supervisors' Unit, including all the classifications listed in Appendix A.

City will provide a written statement to each new bargaining unit employee that the classification is part of a bargaining unit represented by the Union, and the name of a representative of the Union. City will provide the Union President not less than ten (10) days’ notice of the onboarding orientation meeting held between City’s Human Resources representative(s) and new bargaining unit employees, including the date, time, and location of the orientation meeting. If a bargaining unit employee’s first day of work begins less than ten (10) days after the date the employee is hired, the 10-day notice requirement may be reduced, and City will instead provide as much advance notice as reasonably possible of the orientation meeting.
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The City will allow a Business Representative of the Union and/or outside labor representative to spend up to fifteen (15) minutes with the new unit member at the end of the onboarding orientation meeting in order to provide information and materials about the MOU and related matters. No representative of City management shall be present during the Union’s presentation. A bargaining unit member attending the onboarding orientation meeting as the Union representative shall be given paid release time sufficient to cover the Union’s presentation and related travel time. The Union will provide the Human Resources Department with the names of any bargaining unit members who they request to be released for this purpose as soon as reasonably possible, and at least 48 hours before the meeting.

To the extent required by Government Code Section 3558, City shall provide the Union President with a list of names and contact information (listed below) for any newly hired unit member within 30 days of the date of hire or by the first pay period of the month following hire. City shall also provide the Union a list of all unit member names and contact information on the last working day of September, January, and May. The information shall include the following information except for any information subject to exclusion pursuant to Government Code Section 6254.3(c):
• Employee name,
• Job title,
• Department,
• Work location,
• Home address, and
• Work, home and personal telephone numbers and personal email addresses on file with the City.

1.3 Dues Deduction -

1. General
(a) The City shall start or stop deductions for dues or benefit premiums, or both, following receipt of notice from the Association that authorization has been provided to the Association by an employee in the Unit. Should there be a dispute regarding the deduction of dues, the Association shall provide the City with a copy of the authorization(s) signed by the employee. (b) The Association, in consideration for and as a condition of the City withholding and transmitting payroll and benefit deductions authorized by this Section and in compliance with SB 866 shall hold harmless and indemnify the 258
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City of South Lake Tahoe, it’s officers, and employees from any liability that may result from making, canceling or changing requested deductions.

2. Exceptions to Dues Deduction Authorization Card
The member's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorized.

When a member is in a non-pay status for an entire pay period, no dues deduction shall be made from future earnings to cover that pay period, nor may the member be required to deposit, nor may the member deposit with the City of South Lake Tahoe, the amount which would have been deducted if the member had been in a pay status during that period. In the case of a member who is in a non-pay status during only a part of the pay period and whose salary is insufficient to cover other legal and required deductions, no dues deduction or deposit shall be made.

3. Dues Deduction Check
(a) Dues deductions covering all such deductions shall be transmitted by paper check to the Association. Dues deductions will be transmitted at least monthly. (b) The City agrees to provide the Association with an electronic file that shows the total amount authorized for deduction from each member's check.

1.4 Management Rights - Association acknowledges the City’s rights and responsibilities and to ensure that the City is able to carry out its statutory functions and responsibilities, nothing contained in this Article shall be construed to require the City to negotiate on matters, which are solely a function of management, or not otherwise assigned as an employee right, including, but not limited to, the following;

1. The right to direct the work force

2. To select and determine the number and type of employee required

3. To determine the content of job classifications

4. To hire, transfer, promote, suspend, discipline and discharge employees

5. To assign work to employees in accordance with the requirements of the City of South Lake Tahoe

6. To establish and change work schedules and assignments, not to include schedules outlined in Section 19, Personnel Assignments

7. To lay off employees for lack of work

8. To expand or diminish services

9. To subcontract any work or operations

10. To determine and change methods of operation

11. To determine and change work locations and the processes and materials to be employed

12. To take all necessary actions to perform its functions in emergencies. 259
Police Supervisors MOU 2023-2026 Page 4
SECTION 2. LIMITATION OF EFFECT
It is understood and agreed that the provisions of this Memorandum of Understanding are not binding upon either the City or the Committee and that the same constitute a recommendation to the South Lake Tahoe City Council. In the event that the City Council adopts, without amendment, said Memorandum, its terms shall become effective, except as otherwise provided, for the period October 1, 2023, through September 30, 2026.

SECTION 3. HEALTH AND WELFARE

3.1 Eligibility for Medical Benefits - For employees who work 30 hours per week or more, the City shall pay the monthly premium costs for the medical insurance as outlined below. For regular-status employees who work 20 hours or more but less than 30 hours per week, the City shall pay the premium cost for “employee only” as outlined below; such employees may purchase dependent coverage by payment of the difference between the “employee only,” “employee plus 1,” and “family” premiums through payroll deduction in addition to any individual cost sharing. Health benefits are not available to regular employees working less than 20 hours per week.

Employee’s budgeted position shall be used to determine their eligibility for the above medical benefits. Should an employee’s full-time or part-time status change, their eligibility for medical and benefits shall also change.

3.2 Medical Benefits
City Health Plan
City agrees to continue to contribute 100% of the premium cost for the BlueShield HDHP/HSA plan for the 2024, 2025, and 2026 Plan Year.

As to the 2024 Plan Year, City’s monthly contribution to each Medical Plan selected by eligible unit members shall be as follows:
2024 Employee Rates (Monthly)
Medical Plan Employee Only Employee +1= Family
Blue Shield HDHP/
HSA
$0 (City HSA
contribution)
$0 (City HSA
contribution)
$0 (City HSA
contribution)
Blue Shield PPO
1000
$0 $0 $0
Blue Shield PPO
500
$77.51 $155.02 $201.53
a. Blue Shield HDHP/has Plan:
• For plan years 2024, 2025, and 2026 the City will contribute 100% 260
Police Supervisors MOU 2023-2026 Page 5
of cost of HDHP/HSA plan premium for employee and dependents. • If a bargaining unit employee selects the HDHP/HSA plan, the City’s contribution in the following amounts shall be deposited into the employee’s HSA account as follows:
o Employee Only: Lump sum of $2,500.00 in the first pay period of 2024, 2025, and 2026.
o Employee plus 1 or Family: Lump sum of $4,200.00 in the first pay period of 2024, 2025, and 2026.
b. Blue Shield PPO 1000 Plan:
• For plan year 2024 the City to contribute 100% of plan premium for PPO 1000 plan for employee and any eligible dependents. • For plan year 2025 the City will absorb up to a 3% increase by enrollment category in premium for the PPO 1000 plan for employee and any eligible dependents above the premiums for plan year 2024. The employee will pay the difference.
• For plan year 2026 the City will absorb up to a 3% increase by enrollment category in premium for the PPO 1000 plan for employee and any eligible dependents above city contribution for plan year 2025. The employee will pay the difference.
c. Blue Shield PPO 500
The employee will pay the difference between the city contribution for the PPO 1000 plan and the plan premium for the PPO 500 plan by enrollment category.

3.3 Medical Coverage Opt-Out Benefit Arrangement - Employees who elect to waive and opt out of medical coverage offered by the City – because they have provided the City with reasonable written proof of minimum essential coverage (“MEC”) through another source (other than coverage in the individual marketplace, whether or not obtained through Covered California, such as written proof of coverage by a spouse’s employer) – are eligible to receive a medical coverage opt-out benefit. The health medical coverage opt-out benefit shall be paid on a per pay period basis in the form of City’s contributions to these employees’ Health Reimbursement Accounts (“HRAs”). The total annual medical coverage opt-out benefit is:

Employee Only: $115.38 per pay period ($3,000 per year)

Employee plus 1 or Family: $153.85 per pay period ($4,000 per year) The medical coverage opt-out benefit amount shall not be considered pensionable compensation. Eligible employees who have elected to receive the medical coverage opt-out benefit and who later have an eligible qualifying event, as defined by the City’s Medical Plan, and choose to enroll in one of the medical and prescription benefit options described above, shall no longer be eligible for the City’s contribution to the employees’ HRA accounts.
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An employee whose spouse or registered domestic partner is also a City employee and who is eligible for dual coverage may elect to opt-out and receive the payments outlined above, while their spouse enrolls in City-sponsored medical coverage.

3.4 Dental Plan – City agrees to continue contributing 100% of the premium cost of Plan A for the employee and any eligible dependents for the 2024 - 2026 Plan Years.
a. The City Dental Plans consist of Plan A and Plan B:

Plan A:
$100/$300 Deductible - $1,000 Annual Maximum (100% paid by City) Plan B (Buy-Up Option):
$100/$300 Deductible - $1,500 Annual Maximum
(The difference between Plan A and Plan B shall be paid by the employees via payroll deduction.)
b. Association employees per pay period contribution rate to Plan B, if selected, for the 2024 Plan Year shall be as follows:

Employee Only: $4.82 per pay period
Employee plus 1: $9.06 per pay period
Employee plus family: $14.12per pay period
c. City will make premiums available to employees during open enrollment each year for 2025 & 2026.

3.5 Vision Plan - The City agrees to continue to provide vision insurance for the employee and any eligible dependents at no cost to the employee for 2024-2026 Plan Years.

3.6 Life Insurance and Long-Term Disability - The City will purchase a life insurance benefit for each employee providing $50,000 coverage. Employees have the option to purchase at their expense by payroll deduction up to an additional $50,000 of life insurance upon initial enrollment to the plan (date of hire) without evidence of insurability.

The City will continue to provide Long Term Disability insurance coverage to employees in the classification of Fire Battalion Chief. Employees in other classifications have coverage available to them through other sources and are not included in the City Long Term Disability coverage.
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3.7 Preventive Care - The City and Association agree that preventative testing covering PSA and mammograms will be included in the Departmental physical examination program.

Under the Department Physical Examination program, unit members are eligible for an annual physical exam that includes a specific set of City determined tests.

The employee has two options for receiving the exam.
1) It is strongly recommended that employees obtain Department physical examinations through the City contracted provider. The employee shall contact the program coordinator to make arrangements for the exam and the City contracted provider will bill the City directly so long as the appropriate notification and scheduling is followed.
2) If the employee elects to use a personal provider, the employee must notify the program coordinator prior to the examination so that the appropriate directions can be forwarded to the provider. The employee also must comply with the appropriate directions which are described in Appendix D.

3.8 Legislative Changes - In the event legislation changes such that employer financed universal heath is required through the State or Federal government, there will be an immediate re-opener to discuss the impact of the legislation on the current City plan.

3.9 Application of Medical Insurance Plan - In the event provisions of this section contradict those included in the City Medical Plan, the terms of the City Medical Plan shall prevail.

3.10 Flexible Savings Account - The City provides employees with the option to elect to participate in a Flexible Savings Account (“FSA”), administered in accordance with the Internal Revenue Code. Employees may use these programs to set aside money on a pre-tax basis pay for eligible health care related costs. A limited FSA (Dental and Vision only) is available to employees that participate in the HDHP/HSA medical plan.

3.11 Police Department Physical Fitness Workout Room - The Police Department Physical Fitness Workout Room is available to unit members for their individual use during non-working hours. Use is voluntary and at the unit members own risk.

Fire Battalion Chiefs will have access to the Fire Department Physical Fitness Workout Room, not the Police Department Physical Fitness Workout Room. Fire Battalion Chiefs will also continue to receive annual physical examination as part of the Fire Department program.
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SECTION 4. SICK LEAVE

4.1 Accrual

4.1.1 Accrual provisions applicable to all unit employees, excluding the “Fire Battalion Chief” classification:

Except as otherwise provided for in this section, sick leave will accrue at the rate of eight (8) hours per month for full-time employees and used in accordance with the Personnel Rules. Part-time employees shall accrue sick leave on a prorated basis, given the ratio of the budgeted workweek to full-time status. The maximum amount of sick leave that can be accumulated is five hundred twenty (520) hours.

Employees shall cease to accrue additional sick leave when their accumulated sick leave balance reaches the five hundred twenty (520) hour maximum. Employees will begin accumulating sick leave at the rate specified in 4.1 once their accumulated sick leave drops below five hundred twenty (520) hours. At no time will sick leave accrual exceed the five hundred twenty (520) hour limit.

4.1.2 Accrual provisions Applicable to the “Fire Battalion Chief” classification only:

Full-time Fire Battalion Chiefs shall accrue sick leave at the rate of eight (8) hours per pay period during each month of full-time service except that at the end of the first month of employment, a Fire Battalion Chief shall receive twenty-four (24) hours of sick leave. At the end of the thirteenth pay period, the total sick leave accumulated by that employee shall be equal to that presently provided by the City for thirteen (13) pay periods. Part-time Fire Battalion Chiefs shall accrue sick leave on a prorated basis, given the ratio of the budgeted workweek to full-time status.

The maximum amount of sick leave that can be accumulated is eleven hundred twenty (1120) hours.

Fire Battalion Chiefs shall cease to accrue additional sick leave when their accumulated sick leave balance reaches the eleven hundred twenty (1120) hour maximum. Employees will begin accumulating sick leave at the rate specified above, once their accumulated sick leave drops below eleven hundred twenty (1120) hours. At no time will sick leave accrual exceed the eleven hundred twenty (1120) hour limit.

4.2 Catastrophic Leave Bank - The City agrees to establish a Catastrophic Leave Bank (CLB) to assist employees who have exhausted accrued leave time due to a serious or catastrophic illness or injury. The (CLB) will allow the bargaining unit employees to donate time to affected employees within and outside the unit, so that he/she can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition. This donated time will be placed in a CLB and drawn down from the CLB by the eligible employee.
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Eligibility
To be eligible for this benefit, the receiving employee must: 1) Be a regular fulltime employee, 2) Have sustained or have an immediate family member who has sustained a life threatening or debilitating illness, injury or condition which may require confirmation by a physician, 3) Have exhausted all accumulated paid leave, including vacation, sick leave, and/or compensatory time off, 4) Be unable to return to work for at least a total of 30 days in a calendar year or in the case of the condition affecting the immediate family member, that member must be in need of prolonged and significant personal care; and 5) Conformed with the requirements of the Family Medical Leave Act and/or Worker’s Compensation.

Benefits
Accrued sick, vacation and compensatory time off hours donated by employees will be converted to sick leave and credited to the CLB as sick leave time on an hour-for-hour basis and shall be paid at the rate of pay of the receiving employee. For as long as the receiving employee remains in a paid status, seniority, and all other benefits will continue. The total leave credits received by an employee will not normally exceed 6 weeks. However, if approved by the Department Head and the Human Resources Manager or his/her designee the total leave credits may be extended on a case by case basis, subject to review by the City Manager or designee.

Guidelines for Donating Leave Credits to The Time Bank
Accrued sick leave, vacation leave, and compensatory time off may be donated by any regular full-time employee who has completed his/her initial City Probationary period. Time donated will be converted from vacation or compensatory time to sick leave hours and credited to the CLB sick leave time on an hour-for-hour basis and shall be paid at the rate of pay of the receiving employee. The total amount of time donated to the CLB shall not exceed forty (40) hours by an employee in a Fiscal Year. The total leave credits received by the employee shall not exceed 6 weeks or 240 hours; however, the City Manager may approve an extension up to 12 weeks or 480 hours total time.

An employee cannot donate leave hours that would reduce his/her sick or vacation balance to less than 120 hours each. Under all circumstances, time donations received for the employee are forfeited once made by the employee making the donation. Taxability of leave donated or received under this program will be governed by Internal Revenue Service Guidelines. For the purpose of the Section, “Immediate family member” as referenced under Bereavement Leave shall be defined as provided for in Section 25, Bereavement Leave. Under extenuating and extraordinary circumstances and upon recommendation of the City Manager exceptions may be granted on a case-by-case basis. Such exceptions shall not establish practice or precedence.
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4.3 Sick Leave Payout.

4.3.1 Sick Leave Payout provisions applicable to all unit employees, except for the “Fire Battalion Chief” classification:

Employees retiring from City service shall receive a payment equivalent to one hundred percent (100%) of the employee's unused sick leave balance on record on the date of retirement not to exceed five hundred twenty (520) hours. For purposes of this section, a retired employee would be defined as an employee who retired in accordance with the provisions of the Public Employees' Retirement System. Sick leave for which payment is made pursuant to this paragraph is no longer deemed accumulated. This section specifically supersedes the provisions of Personnel Rule 12-2.C.1 & C.2.
a. Personnel Who Die while in Active Service – The estate of any employee who dies while in active service with the City shall be paid an amount equivalent to one-hundred per cent (100%) of the employee's unused sick leave balance on record on the date of death, not to exceed five hundred twenty (520) hours. Payment made on behalf of the deceased employee under this provision shall be paid to any person so designated in writing by the employee or the heirs of the employee.

4.3.2 Sick Leave Payout provisions applicable to the “Fire Battalion Chief” classification only - Unused sick leave may be accumulated up to a maximum of eleven hundred twenty (1120) hours, and payment for portions of accumulated but unused sick leave will only be made in accord this section and shall be based on base salary. For purposes of this section, “base salary” shall mean a qualifying employees straight time hourly rate of pay and shall not include overtime, skill pay or other special salary differential(s) or pay.
a. Retiring Personnel – Any permanent Fire Battalion Chief retiring from City service shall receive, in addition to all other retirement benefits, a payment equivalent to one hundred percent (100%) of the employee’s unused accumulated sick leave balance, not to exceed eleven hundred twenty (1120) hours.
b. Termination After Ten (10) Years – Any Fire Battalion Chief leaving City service after ten (10) years of satisfactory service, from the base anniversary date, shall receive, in addition to all other eligible payments, an amount equivalent to one-half(1/2) of the accumulated sick leave earned during service with the City which has not been used. Payment under this section shall in no event exceed 560 hours.
c. Fire Battalion Chiefs Who Die While In Active Service – The estate of any permanent Fire Battalion Chief who dies while in active service shall be paid an amount equivalent to three-fourth (3/4) of the employee’s unused sick leave balance on record on the employee’s date of death, not to exceed 266
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eight hundred forty (840) hours. Payment made on behalf of the deceased pursuant to this section shall be paid to any person(s) so designated in writing by the employee or heirs of the employee. Such statement must be filed with the City’s Human Resources Manager.

4.4 Payout Calculation - Payment for sick leave shall be determined by the regular salary rate of pay for the position upon date of retirement.

4.5 Sick Leave Notification - Section 4.5 applies only to the classification of “Fire Battalion Chief.”
Upon implementation of the 48/96 work schedule, employees shall provide notification of the need to use sick leave (unscheduled use) within one (1) hour of the start of a work shift- whether it is the first or second day of the employee’s work period. For scheduled sick leave usage, notification shall be made of scheduled sick leave usage as soon as the employee feasibly is aware of the need for use but no later than twenty-four (24) hours prior to the start of the employee’s fortyeight (48) hour work period. Notification shall be made in accordance with department procedures.

4.6 Sick Leave Reopener - The City will conduct an actuarial valuation regarding the conversion of sick leave to service credit and the potential for removing the accrual cap. The parties agree to meet and confer over removal or increase of the accrual cap upon request of the Association following completion of the actuarial valuation.

SECTION 5. GRIEVANCES AND APPEALS FROM DISCIPLINARY ACTION

5.1 Grievances will be processed in accordance with Appendix B.

5.2 Appeals from disciplinary action will be processed in accordance with Appendix C.

SECTION 6. CONCERTED ACTIVITIES
The Association, its members and representatives, agree during the term of this Agreement that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage, or work curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Association nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations or management or of employees not covered by this Memorandum of Understanding.
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SECTION 7. HOLIDAYS – HOLIDAY LEAVE

7.1 Official City Holidays - The official City holidays are:

A) January 1*
B) Third Monday in January/Civil Rights Day
C) Third Monday in February
D) Last Monday in May
E) June 19, “Juneteenth National Independence Day”
F) July 4
G) First Monday in September
H) Second Monday in October
I) Veteran's Day
J) Thanksgiving Day
K) Friday Immediately Following Thanksgiving Day
L) December 24**
M) December 25**
*For purposes of computing overtime pay, New Year’s Eve holiday shall begin at 4 p.m. December 31.
**Whenever December 24th falls on Saturday or Sunday, the holiday will be the preceding Friday by those staff who are off on the City-celebrated holiday.

Whenever December 25th falls on Saturday or Sunday, the holiday will be observed on the following Monday.

Eight (8) hours of paid leave shall be granted to all eligible employees for each official City holiday.

7.2 Personnel Granted Holidays Off - Records Supervisors are not covered under Section 7.3 below and shall not be required to be on duty on official City holidays but shall be paid eight (8) hours of straight time. If an employee's services are needed and required in the interests of public health, safety, or general welfare on an official holiday, the employee shall be compensated at his or her overtime rate for all hours worked on the City observed holiday. These employees may elect to accrue compensatory time-off hours.

7.3 Personnel Not Granted Holidays Off - Personnel in following classifications which must be staffed each day of the week are not granted official City holidays as days off with pay.

Sworn Sergeants (including Sergeant Detectives),
Sworn Lieutenants,
Dispatch Supervisors.

Fire Battalion Chief
CSO Supervisor
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In lieu thereof they shall receive one (1) day's pay (eight (8) hours) (11.2 hours for Fire Battalion Chief) for each official City holiday. These additional days’ pay shall be paid over twenty-six (26) pay periods in the year and shall be in addition to other regular compensation. This pay shall be calculated as follows: 8 hours*13 holidays)/2080=5.0% for unit members except for the “Fire Battalion Chief” classification [i.e., per pay period multiplied by base pay] (or (11.2 hours *13 holidays)/2912=5.0% for Fire Battalion Chief).

These payments are intended to be reportable to CalPERS as special compensation under 2 CCR § 571(5).

In addition to the holiday payments described in this Section 7.3, Dispatch supervisors who work a shift beginning on an official City holiday will be allowed to have one-half of the total hours worked on the holiday added, at straight time, to his/her compensatory time off.

7.4 Holiday Pay Calculation - Holiday pay will be calculated based on base salary. “Base salary” shall mean an employee’s straight time hourly base rate of pay and shall not include overtime, skill pay, or other special salary differential(s) or pay.

7.5 Floating Leave Hours - In addition to the Holiday Pay under Section 7.3, Sworn Sergeants shall be granted 15 hours of floating leave hours.

Floating leave hours may only be taken with the prior approval of the employee's Department Head or his/her designated representative but said time off will not be unreasonably denied and is to be scheduled and its use authorized in the same manner as vacation time.

Should an employee feel they have been unreasonably denied, every effort will be made to resolve the problem on an informal basis. If these efforts do not resolve the problem, the City and Association agree that its representatives will meet and discuss the situation in an attempt to reach a satisfactory accord prior to the filing of a formal grievance.

Employees must use all floating leave hours within the calendar year earned. Any floating leave hours remaining on the books on December 31 of each year shall be paid to the employee. Payout calculation shall be based on base hourly rate of pay (straight time).

Section 7.5 does not apply to the classification of “Fire Battalion Chief.” SECTION 8. P.O.S.T. CERTIFICATE PAY, EDUCATIONAL/INCENTIVE PAY, AND

BILINGUAL PAY
Sections 8.1-8.6 do not apply to the “Fire Battalion Chief” classification.

8.1 P.O.S.T. Certification - The City agrees to continue the current P.O.S.T.

Certificate Pay Benefit which provides that each sworn member of the Police Supervisors Unit shall receive two and one-half percent (2.5%) above the hourly base rate of pay contained in the approved salary plan, including holiday pay, for 269
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possession of the Intermediate P.O.S.T. Certificate and two and one-half percent (2.5%) above the hourly base rate of pay contained in the approved salary plan for possession of the Advanced P.O.S.T. Certificate, for a total of five percent (5%).

Non-sworn members who successfully complete a supervisor course, consisting of a minimum of 64 hours of training, approved by P.O.S.T., or equivalent course for CSO supervisor’s approved by the Chief of Police, and have served satisfactorily for a period of two years as a supervisor at the South Lake Tahoe Police Department, shall receive five percent (5%) above the hourly base rate of pay.

8.2 Supervisory Leadership Institute - Sworn Sergeants and Dispatch Supervisor shall receive five percent (5%) above the hourly base rate of pay contained in the approved salary plan for possession of Supervisory Leadership Institute (SLI) certification.

Employees that possess either or both ICI (Institute of Criminal Investigation) and/or the SLI (Supervisory Leadership Institute) certifications shall receive a 5% salary differential for each of the certification’s ICI (Institute of Criminal Investigation) and SLI (Supervisory Leadership Institute).

8.3 Bachelors’/Masters’ Degree - Employees covered by this Memorandum of Understanding who possess a Bachelor of Arts/Science degree shall receive an additional two percent (2%) increase in hourly base rate of pay upon verification by the City. Employees who possess a Master of Arts/Science degree shall receive a five percent (5%) increase in hourly base rate of pay upon verification by the City. Employees shall not receive more than a total of seven percent (7%) for holding an approved Bachelor of Arts/Science degree and a Master of Arts/Science degree.

8.4 Eligibility - To be eligible to receive P.O.S.T. Certificate Pay and/or Educational Incentive Pay (Sections 8.1, 8.2, and 8.3), employees must submit proof of the degree/certificate within 60 calendar days of receiving the degree/certificate. If the employee does so, P.O.S.T. Certificate Pay and/or Education Incentive Pay will begin retroactive to the date that the employee received the degree. If the employee fails to provide the proof of degree/certificate within 60 calendar days, Education Incentive Pay will begin during the next full pay period after the employee provides proof of degree to the City.

8.5 Bilingual Pay - The City will pay an additional $150.00 per month to employees in this unit who are able to demonstrate bilingual Tier 1 (speak) and $250 per month to employees in this unit who are able to demonstrate Fluency Tier 2 (Speak, Read & Write) capacity in language(s) the City determines are necessary to effectively communicate with the community it serves. The testing will be administered through Human Resources. A written request for testing must be submitted to Human Resources. If the City determines that the employee is bilingual, the 270
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employee will be paid the bilingual differential effective the month in which the request for examination was submitted. All current recipients shall continue to receive current rate of $50.00 per month and must test for either Tier 1 or Tier 2 to receive the increased amounts above following approval of this MOU. The current $50.00 per month will discontinue when an employee qualifies for either Tier 1 or Tier 2 bilingual status.

8.6 Additional Pay – applicable to the “Fire Battalion Chief” classification only:
(1) Fire Battalion Chiefs who possess a Bachelor of Arts/Bachelor of Science degree from an accredited college or university or its equivalent shall receive a two and one-half percent (2.5%) increase in base pay upon verification by the City. (2) Fire Battalion Chiefs who possess a Certified Chief Fire Officer Certificate shall receive a two percent (2%) increase in base pay upon verification by the City. (3) To be eligible to receive Educational Incentive Pay under Sections 8.7, employees must submit proof of the degree within sixty (60) calendar days of receiving the degree/certificate. If the employee does so, Educational Incentive Pay will begin retroactive to the date that the employee received the degree/certificate. If the employee fails to provide the proof of degree/certificate within sixty (60) calendar days, Educational Incentive Pay will begin during the next full pay period after the employee provides proof of degree to the City. (4) The City will pay an additional $150.00 per month to employees in this unit who are able to demonstrate bilingual Tier 1 (speak) and $250 per month to employees in this unit who are able to demonstrate Fluency Tier 2 (Speak, Read & Write) capacity in language(s) the City determines are necessary to effectively communicate with the community it serves. The testing will be administered through Human Resources. A written request for testing must be submitted to Human Resources. If the City determines that the employee is bilingual, the employee will be paid the bilingual differential effective the month in which the request for examination was submitted. All current recipients shall continue to receive current rate of $50.00 per month and must test for either Tier 1 or Tier 2 to receive the increased amounts above following approval of this MOU. The current $50.00 per month will discontinue when an employee qualifies for either Tier 1 or Tier 2 bilingual status.

SECTION 9 TUITION REIMBURSEMENT

9.1 Tuition Reimbursement provisions applicable to all unit employees, except for the “Fire Battalion Chief” classification
The City shall pay the cost of tuition and books for up to eight (8) job-related classes of formalized study, approved in advance by the Chief of Police, per calendar year, provided the cost of said classes is no more than the average normal tuition expenses at the most local college-level institutions, which includes the University of Nevada-Reno, Sacramento State, and Lake Tahoe Community College. To be eligible to receive tuition 271
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reimbursement benefits under this section, the course for tuition reimbursement must be approved by the City prior to the enrollment of the employee. At the conclusion of the class, the employee must re-submit their approved request form with evidence of a passing grade and receipts for eligible expenses.

9.2 Tuition Reimbursement provisions applicable to the “Fire Battalion Chief” classification only
The City shall pay the cost of tuition and books for up to three (3) job-related classes of formalized study, approved in advance by the Fire Chief, per fiscal year (based on the end date of the class taken), provided the cost of said classes is no more than the tuition expenses at college-level institutions, specifically including the University of NevadaReno and Sacramento State and any lesser cost institution. Job-related courses shall include any classes taken toward an AA, BS, or Master’s Degree in Fire Science, Business Administration or Public Administration. The City provides this benefit for one degree program at each level, per employee (i.e. employee eligible for reimbursement of classes towards a BS degree, and then a Master’s, but not a secondary BS). To be eligible to receive tuition reimbursement benefits under this section, the court for tuition reimbursement must be approved by the City prior to the enrollment of the employee. At the conclusion of the class, the employee must re-submit their approved request form with evidence of a passing grade and receipts for eligible expenses. Classes either paid or approved for payment as of March 15, 2015 may be completed for reimbursement in this fiscal year. Any additional classes will only be eligible for reimbursement subject to the fiscal year limitation of three classes.

SECTION 10. SUPPORT DIVISION APPOINTMENTS
The City and Association continue to agree that Support Division Appointments to the position of Detective Sergeant shall continue to be made by the Chief of Police subject to his discretion, and such incumbents shall continue to serve at the pleasure of the Chief.

It is further agreed that removal from said Support Division Appointment does not constitute disciplinary action.

Individuals in the Police Sergeant classification who are assigned to serve as Detective Sergeants shall receive an additional payment equal to five percent (5.0%) of their base hourly rate during the time of such support division assignment.

This section does not apply to the classification of “Fire Battalion Chief.” SECTION 11. SALARIES

11.1 Changes to Salary Ranges

1. COMP STUDY- Effective the pay periods including October 1 in calendar years, and paid as soon as administratively feasible, 2023, 2024, and 2025, equity increases for applicable classifications shall be made based upon total compensation market median (See appendix F):
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Year 1: 34% of increase to base salary pursuant to 2023 compensation study Year 2: 33% of increase to base salary pursuant to 2023 compensation study Year 3: 33% of increase to base salary pursuant to 2023 compensation study

2. COLAs – ALL CLASSIFICATIONS
Year 1: COLA 4.2% increase in base salary effective the pay period including October 1, 2023.

Year 2: COLA (1-4%) increase in base salary based upon the annual as of the month of April SF/Oakland/Hayward CPI effective the pay period including October 1, 2024.

Year 3: COLA (1-4%) increase in base salary based upon the annual as of the month of April SF/Oakland/Hayward CPI effective the pay period including October 1, 2025

3. INTERNAL RELATIONSHIPS
Police Sergeant – Maintain current relationship above Police Officer Police Lieutenant – Maintain current relationship above Police Sergeant Battalion Chief – Maintain current relationship above Fire Captain Dispatch Supervisor: In the event that the PEA Dispatchers receive equity adjustments in excess of the equity adjustment provided to Dispatch Supervisors herein, the Dispatch Supervisor salary shall be adjusted to maintain current relationship above PEA Dispatchers
Appendix E includes the Salary Table as of October 1, 2023.

11.2 Longevity Pay
Eligibility:
a. Regardless of hire date, all full-time employees who have worked for the City in a regular position, for at least ten continuous years are eligible for longevity pay.
b. Benefit: Eligible employees shall receive an additional five percent (5%) in base pay This amount is not a one-time lump sum payment and shall be paid equally across pay periods. The benefit shall be considered pensionable compensation for all members with at least five years of City service. Any benefits received under this section 11.2 shall not affect an employee’s eligibility to receive Additional Longevity Pay under Section

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The five percent (5%) Longevity Pay provided by this section will be included in the base hourly rate when calculating all specialty pays set forth in in this Agreement in the Sections listed below.
(1) Sections that are applicable to all unit employees, except for the “Fire Battalion Chief” classification:

4.4 Sick Leave Payout Calculation

7.4 Holiday Pay Calculation

7.5 Floating Leave Hours

8.2 Supervisory Leadership Institute

8.3 Bachelors/Masters Degree

9.1 POST Certificate
10 Support Division Appointment

11.3 Additional Longevity Pay

12.13 Vacation Sell Back Calculation
14 Compensatory Time
15 Administrative Leave
(2) Sections that are applicable to the “Fire Battalion Chief” classification only:

4.3 Sick Leave Payout

7.4 Holiday Pay Calculation

8.7 (1) (2) Education Incentive Pay

12.7 Pay for Unused Vacation
27 Awards Leave
Longevity Pay will not be considered when calculating salary increases under Section 11.1.

11.3 Additional Longevity Pay
a. Employees with at least ten (10) years of service with the City shall receive an additional five percent (5%) of their hourly base rate as longevity pay.

This benefit is available to eligible sworn and non-sworn unit members. b. Employees with at least twenty (20) years of sworn law-enforcement service with the City shall receive an additional three percent (3%) of their hourly base rate of pay as longevity pay, for a total of 8% when combined with the benefit under 11.3.a .
c. Employees with at least twenty (20) years of sworn law-enforcement service with the City and twenty-five (25) years of sworn law-enforcement service shall receive an additional two percent (2%) of their hourly base rate of pay as longevity pay, for a total of ten percent (10%) when combined with the benefits under 11.3.a. and 11.3.b. above.
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d. Longevity pay shall be calculated on the employee’s hourly base rate. “Hourly base rate” shall mean an employee’s hourly base straight time of pay and shall not include overtime, skill pay, or other special salary differential(s) or pay.

Section 11.3 does not apply to the “Fire Battalion Chief” classification.

11.4 Deferred Compensation - City Matching - 457 Defined Contribution Effective Effective the first full pay period after Council approval of this MOU, the City Matching benefit of three thousand dollars ($3,000.00) per fiscal year will be eliminated.

Effective the first full pay period after Council approval of this MOU, the City will eliminate the City Matching benefit, however, in return, the base hourly rate will be increased by one dollar ($1.00) per hour based on 2080 hours per year and Seventy-Two Cents ($0.72) per hour based on 2912 hours per year for Battalion Chief.

SECTION 12. VACATION LEAVE

12.1 Entitlement to Take Vacation

12.1.1 Entitlement to Take Vacations provisions applicable to all unit employees, except for the “Fire Battalion Chief” classification:

All permanent employees shall be entitled to take vacation leave with pay.

Vacation may be taken following completion of six (6) months service in a permanent position.

12.1.2 Entitlement to Take Vacations provisions applicable to the “Fire Battalion Chief” classification only:

All permanent Fire Battalion Chiefs shall be entitled to take vacation leave with pay. Vacation may be taken following competition of six(6) months service in a permanent position. The Department shall allow one (1) department member per shift to be on vacation at all times subject to provisions of Section 12.

12.2 Probationary Employees - At such time a probationary employee becomes a permanent employee, said employee shall receive earned vacation benefits from the initial date of continuous employment as a probationary employee, pro-rated according to the number of hours worked under probationary status.

Section 12.2 does not apply to the “Fire Battalion Chief” classification.

12.3 Computing Vacation/Accrual

12.3.1. Computing Vacation/Accrual provisions applicable to all unit employees, except for the “Fire Battalion Chief” classification:
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Annual vacation shall be accrued equally across the 26-pay periods in each year.

For the purpose of computing annual vacation leave, one vacation day shall equal eight (8) hours. Permanent employees who regularly work less than the number of hours established as full-time shall be credited with vacation on a prorated basis considering the number of hours worked. Vacation leave shall be earned in accordance with the following schedule.

Non-Sworn
Service Years Vacation Hours Accrued per Year
0 through 5 years: 88 hours
Beginning year 6: 128
Beginning year 11 168
Beginning year 15: 176
Beginning year 18: 184
Beginning year 21 192

Sworn (Sergeants and Lieutenants)
Service Years Vacation Hours Accrued per Year
0 through 5 years: 96 hours
Beginning year 6: 136
Beginning year 11 176
Beginning year 15: 184
Beginning year 18: 192
Beginning year 21 200

12.3.2. Computing Vacation/Accrual provisions applicable to the “Fire Battalion Chief” classification only:

Fire Battalion Chiefs shall accrue vacation leave equally across the twenty-six (26) pay periods in each year in relation to their years of continuous service in a permanent-status position as follows.

Service Years Vacation Hours Accrued per Year
0 through 5 years: 144 hours
Beginning year 6: 168
Beginning year 11 224
Beginning year 15: 236
Beginning year 18: 248
Beginning year 21 280

12.4 Additional Vacation Accrual - Employees may elect to purchase up to forty (40) additional hours of vacation per year provided, however, that any employee who so elects this additional purchase will take a reduction in pay equivalent to the additional hours purchased. Said additional accrual may be accomplished over a twelve (12) month period of time. An employee’s election to purchase additional 276
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vacation shall not raise the employee’s vacation balance above 240 hours.

Should an employee’s vacation balance reach the 240 hour cap, no further purchase will be permitted until said employee reduces their vacation balance below 240 hours.

Section 12.4 does not apply to the “Fire Battalion Chief” classification.

12.5 Timing of Vacation.

12.5.1 Timing of Vacation provisions applicable to all unit employees, except for the “Fire Battalion Chief” classification
The time when an employee may take vacation shall be determined by the Department Head with due regard for the wishes of the employee and particular regard to the needs of service. An employee may elect to take all or part of earned vacation, or may carry over to the next service year all or part of earned vacation as approved by the Department Head. The total number of accrued vacation hours which may be carried over for an employee from one calendar year to the next shall be limited to two-hundred forty (240) hours.

12.5.2 Timing of Vacation provisions applicable to the “Fire Battalion Chief” classification only
The time when an employee may take vacation shall be determined by the Fire Chief with due regard for the wishes of the employee and particular regard to the needs of service. No person shall take a vacation in excess of thirty(30) consecutive working days. The total number of accrued vacation hours which may be carried over for an employee from one calendar year to the next shall be limited to five hundred (500) hours.

12.6 Pay for Unused Vacation - Upon termination from employment with the City, every permanent or probationary employee who has served the City for six (6) months or more shall be paid for all unused vacation earned prior to said termination date.

12.7 Holidays During Vacation - In the event one or more holidays fall within an employee's annual vacation leave:
(1) For all unit employees (excluding the “Fire Battalion Chief” classification), such holiday shall not be charged as vacation leave unless said employee receives holiday pay for that day.
(2) For Fire Battalion Chiefs, such holiday shall be charged as vacation leave if it falls on a regularly scheduled shift day.

12.8 Vacation as Sick Leave - A permanent employee or probationary employee, employed for a period longer than six (6) months, may use vacation leave upon the exhaustion of accrued sick leave and compensatory time where applicable. 277
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12.9 Partial Vacation - Employees may use earned vacation time in increments of less than one day (or one “shift,” as to the “Fire Battalion Chief” classification), subject to the approval of the Chief of Police (or the “Fire Chief,” as to Fire Battalion chiefs) or his or her designee.

12.10 Requesting Vacation - Vacation requests may be made at any time by an employee on the forms approved by the Chief of Police or his or her designee.

However, requests should be processed a minimum of five (5) working days prior to start of vacation to permit proper planning of staff needs and work assignments.

Vacation approval procedure may vary between departments to reflect staffing needs.

Section 12.11 does not apply to the “Fire Battalion Chief” classification.

12.11 Vacation Sell Back - Employees are encouraged to take their vacation off with pay. However, employees may elect to sell back vacation provided the employee has used a minimum of forty (40) hours of accrued vacation during the twelve (12) months immediately preceding December 31st. In compliance with IRS regulations, employees must make an irrevocable election to receive a cash payment of vacation leave hours prior to accruing those hours. Employees must submit an irrevocable election form to Human Resources no later than December 31 of the year prior to the year in which the vacation leave will be accrued and paid out. The City finance department will cash out the apportioned hours in the pay period following the accrual of the entire amount of requested hours sold. For example, a full-time employee accruing eighty (80) hours of vacation leave per year accrues at a rate of 3.0769 hours per pay period. It will take this employee seven (7) pay periods to accrue twenty (20) hours sought to be cashed out.

Therefore, the employee could not receive a cash payment for twenty (20) hours until the eighth pay period of the year. The amount of vacation cash-out is limited to the amount of vacation leave accrued during the calendar year.

Mandatory Cash Out
The total number of vacation hours which may be accrued at any time during the calendar year shall not be limited; however, the total number of vacation hours which the employee shall be entitled to carry over from one calendar year to the next shall be limited to 240 hours (five hundred (500) hours Fire Battalion Chiefs). This limitation shall be imposed, and any hours in excess of 240 hours (500 hours Battalion Chiefs) shall be paid out, on the first paycheck of November. Every employee shall be encouraged to take vacation every year and may be required by the department to take sufficient vacation to keep their vacation balance under the 240 (500 hours Battalion Chiefs) (see note above) hour limitation. No person shall take vacation in excess of thirty working days without the written authority of the Department Head and the City Manager.

Employees may elect to sell back to the City up to eighty (80) hours of accrued (or one hundred twenty (120) hours of accrued, as to Fire Battalion chiefs), but unused, vacation per year in accordance with section 12.13 278
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12.11.1 As to all the unit employees, except for the Fire Battalion Chiefs:

To be eligible to sell back unused vacation, the employee must (1) have used at least 40 hours of leave time, including vacation, compensatory time, and floater holiday, during the previous 12 months, and (2) have no less than sixty (60) hours of vacation accrued after the hours have been sold back to the City. The minimum number of hours that can be sold back to the City at any one time is ten (10) hours.

In compliance with IRS regulations, employees must make an irrevocable election to receive a cash payment of vacation leave hours prior to accruing those hours.

Employees must submit an irrevocable election form to Human Resources no later than December 31 of the year prior to the year in which the vacation leave will be accrued and paid out. The City finance department will cash out the apportioned hours in the pay period following the accrual of the entire amount of requested hours sold.

12.11.2. As to Fire Battalion Chiefs only:

Fire Battalion Chiefs will be compensated for such sold vacation hours at the salary rate in effect for that employee at the time the hours are returned to the City, in accordance with section 12.13. The minimum number of hours that can be sold back at any one time is twenty-four (24) hours.

12.12 Vacation Pay Out Rate

12.13.1 Vacation Pay Out Rate provisions applicable to all unit employees, except for the “Fire Battalion Chief” classification:

When selling vacation back to the City under 12.11 or pay for unused vacation under 12.6, vacation shall be calculated based on the regular FLSA pay rate.

12.13.2 Vacation Pay Out Rate provisions applicable to the “Fire Battalion Chief” classification only:

Vacation paid out in accordance with sections 12.6 and 12.12.2 will be calculated on base salary. For purposes of this section, “base salary” shall mean a qualifying employee’s straight time hourly rate of pay, and shall not include overtime, skill pay, or other special salary differential(s) or pay.

SECTION 13. UNIFORMS

13.1 Uniform Allowance

13.1.1 Uniform Allowance provisions applicable to all unit employees, except for the “Fire Battalion Chief” classification:

Uniform allowances are hereby authorized for employees required to wear standardized clothing in the performance of assigned duties. Employees eligible 279
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for uniform allowance and the authorized rate of compensation for such allowance are as follows:

Lieutenant $1000.00 per year
Police Sergeant $1000.00 per year
Dispatch Supervisor $ 575.00 per year
Records Supervisor $ 575.00 per year
CSO Supervisor $ 750.00 per year
Police personnel are eligible for payment of uniform allowance only after completion of the initial probationary period. Uniform allowance is paid in two lump sum installments in June and December and not prorated at start or end of employment but paid in lump sum on designated dates.

13.1.2 Uniform Allowance provisions applicable to the “Fire Battalion Chief” classification only:

Uniform allowances are hereby authorized for employees required to wear standardized clothing in the performance of assigned duties. Said uniform allowance is to be used to provide all items of standardized clothing, including safety equipment, such as boots and pants, which are identified in the Uniform Specifications Section. All employees are expected to present themselves for duty at the start of each shift with the required uniform in good condition. Torn or damaged uniforms or those showing excessive wear will not be considered in good condition. When an employee presents himself for duty in a uniform that is not in good condition, said employee shall not be paid until such time as he/she presents himself/herself for duty in a uniform in good condition. When a dispute exists between an employee and their supervisor over whether or not a uniform is in good condition, a chief officer/shift commander shall make the final determination.

Nothing in this section shall be construed to require an employee to provide turnout boots, turnout pants, turnout coat, turnout helmet, turnout gloves and Wildland PPE.

Employee Classification Rate of Compensation
Fire Battalion Chief $900 per year
Payment of all uniform allowances shall be made semiannually, typically paid out in the first pay period of December and the first pay period of June.

The City will reimburse for one (1) set of boots every year for wildland boots/station boots on an alternating basis. Boots are subject to replacement due to damage/wear at any time with Fire Chief’s approval.

13.2 Damaged Uniforms and Equipment - Uniforms and required equipment for Police or Fire Department employees, if damaged in the line of duty and not due to the negligence or willful misconduct of the member concerned, will be replaced by the City. Such damaged uniforms or equipment must be turned in by the member 280
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concerned to his immediate supervisor with a written request for replacement.

The request shall briefly state the facts and circumstances which caused the uniform or equipment to be damaged.

13.3 Safety Equipment
Section 13.3 does not apply to the “Fire Battalion Chief” classification. a. The City agrees to provide to all newly hired sworn personnel, and to current sworn personnel who were not issued the specified equipment, and to replace for all sworn personnel as necessary, the following items 1) Sam Brown belt 6) Riot helmet
2) On-duty holster 7) Belt keepers
3) Shell carrier 8) Baton holders
4) Handcuffs 9) Handcuff covers
5) Baton 10) Flashlight
11) Raincoat
This equipment shall remain the property of the City and shall be returned to the City when the employee terminates or when ordered by the Chief of Police. b. The City agrees to provide a weapon of its choosing to sworn personnel.

All sworn personnel hired prior to October 1, 1998 may provide a weapon which meets Departmental approval, at the employee’s cost. The City will not be required to reimburse the employee for the cost of the weapon.

However, all sworn personnel hired after that date must carry the department issued firearm. Weapons provided by the City shall remain the property of the City and shall be returned by the employee at the time of termination or when ordered by the Chief of Police. However, an employee who retires or leaves the department in good standing will have the option of purchasing the weapon at its appraised value. The purchase will be subject to the approval of the Chief of Police.
c. The City agrees to provide a protective vest to those sworn personnel who desire one. Vests provided by the City shall remain the property of the City, and shall be returned by the employee at the time of termination or when ordered by the Chief of Police.
d. The City agrees to provide to all newly hired sworn personnel and to current sworn personnel who were not previously issued said items the following items: Foul weather hat, foul weather jacket, foul weather boots and gloves.

Replacement of the items identified in this paragraph will be the responsibility of the employee as part of his/her uniform allowance. Upon separation from the Department, the employee will retain ownership and possession of the items listed in this paragraph, except that any employee whose service terminates within twelve (12) months from the date of issue 281
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of these items, shall refund to the City through the Department, one-half (1/2) of the City's cost of said items, or shall return these items to the Department prior to receiving a final pay check. Should an employee fail to return the items or refund one-half (1/2) of the City's cost by the time the final paycheck is to be given the employee, the City is specifically authorized by the Association, as the employee's representative, to withhold the necessary amount from the final paycheck. Employees whose service with the City terminates more than twelve (12) months after having been issued said items, shall not be required to reimburse the City for any of the costs associated with said items and shall, in addition, retain ownership and possession of the items listed in this paragraph.
e. Replacement of the items identified in this agreement will occur when it has been deemed necessary by the employee's immediate supervisor. In the event, unauthorized or negligent use results in damage to any of the issued items identified in this agreement, the employee will be responsible at his or her own cost to provide replacement of the item or items. f. It is agreed that the safety equipment identified above, and all uniform items issued by the City shall only be used for on-duty job performance. In the event any of the equipment or uniform items issued are used or worn in a non-job situation, the employee will be subject to disciplinary action.

13.4 Class A Uniforms - Applicable to the “Fire Battalion Chief” classification only:

The City will provide Fire Battalion Chiefs A Class A dress uniform in accordance with Fire Department policy, upon completion of an eighteen (18) month probation period.

SECTION 14. COMPENSATORY LEAVE

14.1 Compensatory Leave provisions applicable to the unit employees, except for the “Fire Battalion Chief” classification:

Employees who work in non-exempt classifications may continue to accumulate up to a total of one hundred forty (140) hours of compensatory time off. Within budgetary limits and the provisions of the Fair Labor Standards Act, employees may elect pay or time-off for overtime even though the one hundred forty (140) hour limit has not been reached.

Compensatory time is paid out at the time of separation from employment or upon promotion to a exempt classification.

14.2 Compensatory Leave provisions applicable to the “Fire Battalion Chief” classification only:

At such time as an FLSA non-exempt employee is promoted to an exempt classification, any compensatory time hours accrued by the employee will be paid out at the pay rate in effect prior to effective date of the promotion.
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SECTION 15. ADMINISTRATIVE LEAVE
City employees exempt from overtime pay are entitled to participate in the City Administrative Leave Program. Therefore the employees of this Unit in the classification of Lieutenant are entitled to participate in said program.

Notwithstanding the provision of the Administrative Leave Program, “Fire Battalion Chief” classification shall receive forty-eight (48) hours of administrative leave each calendar year. As defined in the City’s program, leave is granted at the beginning of the calendar year and is eligible for use throughout the year. Leave hours have no cash value and are not paid out if unused.

SECTION 16. RETIREMENT PLAN

16.1 Definitions.
a. Retired Employee means: an employee who retires from the City of South Lake Tahoe under the provisions of the Public Employees’ Retirement System.
b. New Member means:
(i) A unit member who becomes a member of CalPERS for the first time on or after January 1, 2013 and who was not a member of any other public retirement system prior to that date;
(ii) A unit member who becomes a member of CalPERS for the first time on or after January 1, 2013 and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under Gov.

Code § 7522.02(c) and related CalPERS reciprocity requirements; or (iii) A unit member who was an active member in CalPERS with another employer and who, after a break in service of more than six (6) months, returns to active membership in CalPERS with the City.
c. Classic Member means: a unit member who entered into membership with a qualifying public retirement system on or before December 31, 2012 who do not meet the definition of “New Member” under Government Code § 7522.04(f) and related CalPERS membership requirements. Status as a classic member shall be determined by CalPERS.

16.2 Retirement Benefits for Sworn Safety Members.
a. Retirement Plan for Sworn Safety Members Hired On or Before July 1, 2006.

Employees hired on or before July 1, 2006 shall receive the 3% at 50 retirement benefit. For purposes of determining a retirement benefit, final 283
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compensation for employees covered by this Section 16.2.a. shall mean the single highest year of pensionable compensation.

Each employee covered by this Section 16.2.a shall pay through payroll deduction 100% of the required bargaining unit member contribution, which is 9%.

Employees covered by this Section 16.2.a shall pay, through payroll deduction, the 100% of the 9% member contribution plus an additional 4% of PERSable compensation towards the employer’s contribution, for a total contribution of 13% toward the normal cost of pension benefits as permitted by Government Code Section 20516.
b. Retirement Plan for Sworn Safety Members Hired After July 1, 2006 but On or Before November 13, 2010.

Employees hired after July 1, 2006 but on or before November 13, 2010 shall receive the 3% at 50 retirement benefit. For purposes of determining a retirement benefit, final compensation for employees covered by this Section 16.2.b. shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service.

Each employee covered by this Section 16.2.b shall pay through payroll deduction 100% of the required bargaining unit member contribution, which is 9%.

Employees covered by this Section 16.2.b shall pay, through payroll deduction, the 100% of the 9% member contribution plus an additional 4% of PERSable compensation towards the employer’s contribution, for a total contribution of 13% toward the normal cost of pension benefits as permitted by Government Code Section 20516.
c. Retirement Plan for Sworn Safety Members Hired After November 13, 2010, but Before January 1, 2013, and Classic Members, as Defined by CalPERS.

Employees hired after November 13, 2010 but before January 1, 2013, and Classic Members, as defined by CalPERS shall receive the 3% at 55 retirement benefit. For purposes of determining a retirement benefit, final compensation for employees covered by this Section 16.2.c. shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service.

Each employee covered by this Section 16.2.c shall pay through payroll deduction 100% of the required bargaining unit member contribution, which is 9%.

Employees covered by this Section 16.2.c shall pay, through payroll deduction, the 100% of the 9% member contribution plus an additional 4% 284
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of PERSable compensation towards the employer’s contribution, for a total contribution of 13% toward the normal cost of pension benefits as permitted by Government Code Section 20516.
d. Retirement Plan for Sworn Safety Members Hired On or After January 1, 2013, Who Are Not Classic Members.

Employees hired on or after January 1, 2013 who are new members shall receive the retirement benefit of 2.7% at 57 retirement benefit.

For purposes of determining a retirement benefit, final compensation for unit members covered by this Section 16.2.d. shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service.

As required by Government Code § 7522.04(g), unit members covered by this Section 16.2.d. shall pay, through payroll deductions, 50 percent (50%) of normal costs of their retirement plan as determined annually by CalPERS, plus an additional 1% of PERSable compensation toward the cost of pension benefits as permitted by Government Code Section 20516.

16.3 Retirement Benefits for Miscellaneous Members
a. Retirement Plan for Miscellaneous Members Hired On or Before March 20, 2012.

Employees hired on or before March 20, 2012 in this unit shall receive the retirement benefit of 2.7% at 55.

For purposes of determining a retirement benefit, final compensation for unit members covered by this Section 16.3.a. shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service.

Each bargaining unit member covered by this Section 16.3.a. shall pay through payroll deduction 100% of the required bargaining unit member contribution, which is 8%.

Employees covered by this Section 16.3.a shall pay, through payroll deduction, the 100% of the 8% member contribution plus an additional 1% of PERSable compensation towards the employer’s contribution, for a total contribution of 9% toward the normal cost of pension benefits as permitted by Government Code Section 20516.
b. Retirement Plan for Miscellaneous Members Hired After March 20, 2012 but Before January 1, 2013, and Classic Members, as Defined by CalPERS. 285
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All employees hired after March 20, 2012 but before January 1, 2013 and classic members as determined by CalPERS, shall receive the retirement benefit of 2% at 55.

For purposes of determining a retirement benefit, final compensation for unit members covered by this Section 16.3.b. shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service.

Each bargaining unit member covered by this Section 16.3.b. shall pay through payroll deduction 100% of the required bargaining unit member contribution, which is 7%.

Employees covered by this Section 16.3.b shall pay, through payroll deduction, the 100% of the 7% member contribution plus an additional 1% of PERSable compensation towards the employer’s contribution, for a total contribution of 8% toward the normal cost of pension benefits as permitted by Government Code Section 20516.
c. Retirement Plan for Miscellaneous Members Hired On or After January 1, 2013, Who Are Not Classic Members.

All employees hired on or after January 1, 2013 who are new members shall receive the retirement benefit of 2% at 62.

For purposes of determining a retirement benefit, final compensation for unit members covered by this Section 16.3.c. shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service.

As required by Government Code § 7522.04(g), unit members covered by this Section 16.3.c. shall pay, through payroll deductions, 50 percent (50%) of normal costs of their retirement plan as determined annually by CalPERS, plus an additional 1% of PERSable compensation toward the cost of pension benefits as permitted by Government Code Section 20516.

The City shall notify members under this section 16.3.c. of the monthly contribution for the next fiscal year in the first quarter of the calendar year, or as soon as reasonably practicable, following CalPERS publication of the required contribution rate.

16.4 Retirement Benefits for Safety Members (applicable to the “Fire Battalion Chief” classification only).
a. Retirement Plan for Safety Members Hired On or Before June 18, 2005 Employees hired on or before June 18, 2005 shall receive the 3% at 50 retirement benefit. For purposes of determining a retirement benefit, final 286
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compensation for employees covered by this Section 16.4.a. shall mean the single highest year of pensionable compensation.

Each employee covered by this Section 16.4.a shall pay through payroll deduction 100% of the required bargaining unit member contribution, which is nine percent (9%).

Employees covered by this Section 16.4.a shall pay, through payroll deduction, the 100% of the 9% member contribution plus an additional four percent (4%) of PERSable compensation towards the employer’s contribution, for a total contribution of thirteen percent (13%) toward the normal cost of pension benefits as permitted by Government Code Section 20516.
b. Retirement Plan for Safety Members Hired After June 18, 2005 but On or Before November 13, 2010
Employees hired after June 18, 2005 but on or before November 13, 2010 shall receive the 3% at 50 retirement benefit. For purposes of determining a retirement benefit, final compensation for employees covered by this Section 16.4.b. shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.

Each employee covered by this Section 16.4.b shall pay through payroll deduction 100% of the required bargaining unit member contribution, which is nine percent (9%).

Employees covered by this Section 16.4.b shall pay, through payroll deduction, the 100% of the nine percent (9%) member contribution plus an additional four percent (4%) of PERSable compensation towards the employer’s contribution, for a total contribution of thirteen percent (13%) toward the normal cost of pension benefits as permitted by Government Code Section 20516.
c. Retirement Plan for Safety Members Hired After November 13, 2010, but Before January 1, 2013, and Classic Members, as Defined by CalPERS Employees hired after November 13, 2010 but before January 1, 2013, and Classic Members, as defined by CalPERS shall receive the 3% at 55 retirement benefit. For purposes of determining a retirement benefit, final compensation for employees covered by this Section 16.4.c. shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.

Each employee covered by this Section 16.4.c shall pay through payroll deduction 100% of the required bargaining unit member contribution, which is nine percent (9%).
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Employees covered by this Section 16.4.c shall pay, through payroll deduction, the 100% of the 9% member contribution plus an additional 4% of PERSable compensation towards the employer’s contribution, for a total contribution of 13% toward the normal cost of pension benefits as permitted by Government Code Section 20516.
d. Retirement Plan for Safety Members Hired On or After January 1, 2013, Who Are Not Classic Members
Employees hired on or after January 1, 2013 who are new members shall receive the retirement benefit of 2.7% at 57 retirement benefit.

For purposes of determining a retirement benefit, final compensation for unit members covered by this Section 16.4.d. shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.

As required by Government Code § 7522.04(g), unit members covered by this Section 16.4.d. shall pay, through payroll deductions, 50 percent (50%) of normal costs of their retirement plan as determined annually by CalPERS, plus an additional 1% of PERSable compensation toward the cost of pension benefits as permitted by Government Code Section 20516.

16.5 City’s Human Resources Department. Specific details regarding this retirement plan are available to employees from the City’s Human Resources Department.

Employee contributions shall be made in accordance with Section 414.h(2) of the IRS code wherein the payment to PERS is made pre-tax.

SECTION 17. PAY FOR CALL-BACK AND COURT TIME FOR NON-EXEMPT

CLASSIFICATIONS
Section 17, in its entirety, does not apply to the classification of “Fire Battalion Chief.”

17.1 Call-Back - An employee recalled to work outside of and not continuous with regularly scheduled hours, shall be paid a minimum of three (3) hours at the rate of one and one-half (1-1/2) times the employee's regular straight time rate of pay.

17.2 Court Time - Employees who are ordered to report to work during their off-duty hours for the purpose of appearing in court and who do so at the specified time, shall receive a minimum of three (3) hours pay at the rate of one and one-half (1- 1/2) times the straight time rate of pay.

SECTION 18. ALTERNATE ASSIGNMENTS
Section 18, in its entirety, does not apply to the classification of “Fire Battalion Chief.”

18.1 Emergency Assignments - Employees called to work on an emergency basis at a time other than during the employee’s regularly assigned shift shall be paid at a 288
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rate of one and one-half (1-1/2) times the employee’s regular rate of pay and for a minimum of three (3) hours. Employees receiving compensation under this section 18.1 are not eligible to simultaneously receive compensation under section 18.1- Call-Back.

18.2 Simulcast - When nonsworn personnel are assigned to simulcast, said personnel will receive $7 per hour for every hour simulcast. Beginning on January 1, 2019.

In the event simulcast pay is increased for classifications in the PEA represented unit, such increase will be matched and implement the same date for this Unit.

SECTION 19. PERSONNEL ASSIGNMENTS
Sections 19.1-20.3 do not apply to the classification of “Fire Battalion Chief.”

19.1 July 4 - The City agrees that two (2) weeks in advance of July 4th it will post, on the official bulletin boards, a list of those scheduled to work on July 4th. In order to facilitate the Department meeting its two (2) weeks in advance posting requirement, the shift sign-up list will be posted for a period of two (2) weeks starting on or about June 1. Employees are expected to complete the shift signup list as soon as possible after it has been posted.

19.2 Sworn Employee Work Period, Work Schedules, and Overtime.

The City has elected a 14 consecutive day work period for law enforcement employees under the 7(k) exemption contained in the Fair Labor Standards Act.

The regular work schedule for sworn employees shall be four (4) ten (10) hour workdays, including on-duty meal time. Each employee shall receive three (3) normally scheduled and consecutive days off per week. Subject to the duty to meet and confer, the Chief reserves the right to adjust the scheduled start and stop times and the days of work to meet citizen (operational) needs within the “4/10-4 days of work, 3 days off” work schedule framework.

Upon the request of the City or the Association, the parties agree to discuss changes in the 4/10 work schedule (such as to a 3/12 schedule), however any change in 4/10 work schedule must be mutual, voluntary and in writing.

The City shall compensate employees at a rate of one and one-half (1 ½) times their regular rate of pay, as that term is defined by the FLSA, for all hours worked over 80 in a 14-day period.

This Section 19.2 will not affect Lieutenants who continue to be FLSA exempt employees.

19.3 Non-Sworn Employee Work Schedule - Employees assigned to work in Records will work a 5/8 work schedule. Employees assigned to work in Dispatch or Community Service will work a 4/10 work schedule.
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19.4 Work Period and Work Hours - Applicable to the “Fire Battalion Chief” classification only:

Work Period - The City has elected a twenty-four (24) consecutive day work period for fire employees under the 7(k) exemption contained in the Fair Labor Standards Act.

Work Hours - The normal work shift for all Fire Battalion Chiefs shall consist of two consecutive twenty-four (24) hour shifts worked followed by four (4) consecutive twenty-four (24) hour shifts off. This is commonly referred to as the 48/96 schedule.

It is understood that non-emergency work assignments shall normally be scheduled from 8 a.m. to 5 p.m. during each twenty-four (24) hour shift, but that changes may be made to this schedule to accommodate unusual training, inspection, or other operational needs as determined by the Fire Chief.

The first-twelve-month work schedule for Fire Battalion Chiefs will be one twentyfour (24) hour shift on, one twenty-four (24) shift off, one 24 hour shift on, one 24 hour shift off, one 24 hour shift on, followed by four 24 hour shifts off (ninety-six (96) hours off). This schedule will revert to the 48/96 hour shift schedule after each initial Fire Battalion Chief completes probation.

Applicable to shift trades, no employee shall trade shifts in such a manner that they work more than nine-six (96) consecutive hours.

It is further agreed that in the event an employee is medically restricted from performing his/her regular duties, the Fire Chief may direct the employee to perform light duty assignments as approved by a physician. Said light duty assignments must be consistent with the medical restrictions specified by the physician and may involve a schedule other than that set forth in this section.

19.5 Shift Stipend and Administrative Time Off—applicable to the “Fire Battalion Chief” classification only.

Fire Battalion Chiefs shall receive a shift stipend of $1,638.88 (Step 6) for any additional 24-hour shifts (pro-rated for any shifts less than 24 hours). Fire Chief may approve administrative time off for extra duty assignments lasting for more than four (4) hours.

Shift Stipend will be recalculated at the time of salary adjustments.

SECTION 20. RESIDENCY RESPONSE TIME
The City and Association agree that it is reasonable for Association members to reside in the following locations:

Tahoe Basin:

South Shore north on Highway 89 Cascade Property Closure Tahoe City south on Highway 89 to Granlibakken
Tahoe City east and south to South Shore
East of Carson Pass
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East of Echo Summit
Carson City
Dayton (developed area)
Gardnerville/Minden
South on Highway 395 to Topaz Lake Area
Markleeville
Reno South of Highway 80
Section 20 does not apply to the classification of “Fire Battalion Chief.” SECTION 21. NICOTINE USE RESTRICTIONS

21.1 Nicotine Use Restrictions provisions applicable to all unit employees, except for the “Fire Battalion Chief” classification:

The City and Association agree that those employees hired on or after January 1, 1985, will, as a condition of employment, be prohibited from using nicotine products of any kind while on duty. It is also agreed that should a covered employee violate this section, they will be subject to appropriate disciplinary action.

21.2 Nicotine Use Restrictions provisions applicable to the “Fire Battalion Chief” classification only:

The City and the Association agree that those employees hired on or after January 1, 1983 will, as a condition of employment, be prohibited from using nicotine products of any kind. It is also agreed that should a covered employee violate this section, they will be subject to appropriate disciplinary action up to and including discharge.

SECTION 22. ANTI-NEPOTISM
The City will not hire, promote, demote, or transfer employees into a position, that would result in any person related by consanguinity or marriage being employed as (1) a safety dispatcher, or any other position that is involved in dispatching police department employees to emergencies; or (2) a safety officer position that receives dispatches, such as police, if that hiring, promotion or transfer would result in one-related individual dispatching another. The restriction on hiring shall apply unless the current City employee resigns.

This section is intended to supplement the City Personnel Rules §7.7 Anti-Nepotism.

SECTION 23. SAVINGS PROVISION
If any provisions of this Agreement are held to be contrary to law by court of competent jurisdiction, such provisions will not be deemed valid and existing except to the extent permitted by law and said provisions as may be declared so invalid shall be deemed severable from all other sections hereof; but all other provisions will continue in full force and effect.
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SECTION 24. ASSOCIATION/CITY BUSINESS
One hundred and forty-four (144) hours per contract year relief from duty will be granted for conducting Association and City business. For this purpose, relief from duty includes the scheduled time off at a later date for those off duty employees who participate at the City's request on committees and in training programs. When an employee is off duty, time off will be earned, hour for hour, for attendance to City/Association meetings. These hours are limited to and in conjunction with the above 144 hours. The relief time includes time needed for meet and confer meetings and does not include time for administration of grievances and disciplinary appeals. The Association must give notice of intent to use the relief time at least one week in advance of the time off. Departmental approval of the relief time off will be based on the staffing requirements of the Department. Unused time may not be carried forward into the next calendar year.

SECTION 25. BEREAVEMENT LEAVE
Employees, other than Battalion Chiefs, shall be allowed forty (40) hours of time off per year for bereavement in the event of the death of one of the following: parents, stepparents, spouse, registered domestic partner, child, stepchild, grandchild, brother, sister, step brother, step sister, current parents-in-law, current sister or brother in-law and grandparent or grandparent-in-law. In no event will an employee be eligible to receive more than a total forty (40) hours per calendar year for bereavement leave.

The classification of “Fire Battalion Chief” shall be allowed fifty-six (56) hours of time off per year for bereavement in the event of the death of one of the following: parents, stepparents, spouse, registered domestic partner, child, stepchild, grandchild, brother, sister, step brother, step sister, current parents-in-law, current sister or brother in-law and grandparent or grandparent-in-law. In no event will a Fire Battalion Chief be eligible to receive more than a total fifty-six (56) hours per calendar year for bereavement leave.

The City will also allow for additional bereavement leave pursuant to AB 1949 SECTION 26. PATROL SHIFT SIGN UP
The City and Association agree that all sworn members of the Association assigned to Patrol will have the opportunity to rotate shifts at four (4) month intervals. Normal shift sign-up procedures will remain in effect, and will be conducted on a seniority basis.

Section 26 does not apply to the “Fire Battalion Chief” classification.

The following additional sections (Sections 27-36) apply only to the classification of “Fire Battalion Chief”:

SECTION 27. AWARDS LEAVE
Under the service awards section of the Employee Recognition Program, Association Members shall be granted awards time in the following amounts:

Completed Year of Service Amount of Awards Leave Grant
After 10 Years of Service 11.2 hours
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After 14 Years of Service 11.2 hours
After 20 Years of Service 16.8 hours
After 25 Years of Service 16.8 hours
After 30 Years of Service 16.8 hours
Upon separation of employment, remaining Awards leave is paid out calculated on base salary. For purposes of this Section, “base salary” shall mean a qualifying employee’s straight time hourly base rate of pay, and shall not include overtime, skill pay, or other special salary differential(s) or pay.

SECTION 28. MANDATORY PHYSICAL EXAMINATIONS
Within budgetary limitations, physical examinations shall be provided to all new employees and then to those employees who have not had a City provided examination for the longest period of time.

A City-paid mammogram, PSA and/or blood panel shall be added to the annual physical of requested by the employee. The City will also pay for any Health Department inoculations, and/or flu shot from Barton, at employee request.

The City shall also pay for one(1) additional level of hearing test beyond that included in the annual physical if referred by the City contracted medical provider as a result of not passing the basic hearing test during the mandatory physical examination. The test must be performed by the City contracted provider and the City will pay up to $260.00.

The City agrees to pay for the actual out-of-pocket cost of the physical required to maintain a Class A or B license up to $60.00 whenever the law requires that a physical be performed. The employee must have the physical performed by the City contracted medical provider and the work done as part of the annual physical given to all Fire Department personnel by the City’s medical provider. The City will not pay for additional costs of the license nor will the City pay for the “learner’s permit” for employees hired after 9/30/04.

SECTION 29. SCHEDULING TIME OFF
All scheduled leave time must be scheduled in accordance with the Department policy, and may be approved for a greater than twenty-four (24) hour period, with five (5) days advance notice. Approval for periods of twenty-four (24) hours or less may be granted with prior approval. Requests for time off will be granted at the Fire Chief’s discretion.

SECTION 30. RANK-FOR-RANK SHIFT TRADES
Shift trades (two employees of the same rank trading shift assignments within the same rank without additional compensation) shall be on a rank-for-rank basis. Such trades shall continue to be subject to the authorization of the Fire Chief. 293
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SECTION 31. RECRUITING
For filling vacancies in the classification of Fire Battalion Chief, promotional recruitments versus open recruitments will be conducted at the discretion of the Fire Chief. The City shall determine the method for testing and the selection method. In the event of the need for an “Acting Fire Battalion Chief,” the Fire Chief will utilize personnel on the promotional list of those that have successfully completed the Battalion Chief task book.

SECTION 32. LICENSING
The City will pay for the renewal testing of a Class B/Firefighter Endorsement license.

SECTION 33. ELIGIBILITY FOR STEP INCREASES
The eligibility for step increases is based on passing of appropriate step testing as well as receipt of a satisfactory performance evaluation.

SECTION 34. LAYOFFS/REDUCTION IN FORCE
Whenever the City Council has determined that it is necessary to abolish any position or employment, the employee holding such position or employment may be laid off or demoted without disciplinary action and without right of appeal. In determining which employee in the Fire Battalion Chief classification would be laid off first, total City seniority from appointment to a permanent position would be determined with the employee having the least seniority placed first on the list of employees to be laid off.

If, after the required number of employees have been laid off, it is necessary to demote and displace other employees to equalize the number of remaining employees with the number of positions allocated at each level, seniority within the class will be utilized to determine which employee is to be demoted first. Said employee(s) may be demoted to any position in the fire service in which he/she previously held permanent status or to any class in which he/she meets the minimum qualifications within the fire service. In order to demote to the lower class, the employee must have more total City Seniority than at least one (1) of the incumbents.

If an employee has previously held permanent status in the class to which the employee is demoted, such employee shall not be required to serve a probationary period.

Employees retreating to a lower class shall be placed at the salary step of the class representing the least loss of pay. In no event shall the salary be increased above that received in the class from which the employee was demoted.

Employees laid off or demoted in accordance with this section shall have their names placed on a reemployment list for the class or classes laid off or reduced from in the reverse order of their layoff or reduction. Such list shall be used by the appointing authority to fill vacancies which occur for up to three (3) years following the layoff or reduction.

34.1 Severance Package. For the term of this agreement a severance package will be provided to any members who are laid off from the City due to budget shortfall. 294
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a. Employees who have been laid off pursuant to this section and action by the City Council shall be eligible for compensation at their base hourly rate, in addition to any other payoffs to which the employee is entitled, according to the following schedule:

Year of Service
More Than Less Than or Equal To Pay Periods of Compensation 1 2 2
2 3 3
3 4 4
4 5 5
5 6 6
6 7 7
7 8 8
8 9 9
9 10 10
10 13
Year(s) of service means full calendar year(s) from the employee’s date of hire. b. In addition to the cash compensation in paragraph A above employees laid off pursuant to this article and action of the City Council shall continue to receive City health pan coverage for themselves and their families. If their families are enrolled in the City health plan at the time the layoff notice is issued according to the following schedule:

Year of Service Months of Continued Health Plan Coverage Less than 1 0
1 but less than 2 1
2 but less than 3 2
3 but less than 4 3
5 but less than 5 4
5 but less than 6 5
6 or more 6
Year(s) of service means full calendar year(s) from the employee’s date of hire.

Laid off employees who become eligible for another employer sponsored health plan shall no longer be eligible for the City paid health plan benefits regardless of the number of months elapsed since the effective date of their layoff and regardless of whether or not they choose to participate in the employer sponsored health plan for which they are eligible.
c. Employees who are rehired by the City during the period for which they have received benefits under paragraph A above shall repay to the City and compensation in excess of the number of pay periods of their layoff. 295
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d. Laid off employees receiving compensation under paragraphs A and/or B above are not eligible for any other compensation or benefits such as paid holidays, vacation or sick leave accrual. This paragraph does not affect employees otherwise eligible for Workers Compensation, Long-Term Disability or Retirement benefits.

SECTION 35. PERSONAL BIDDING FOR STATIONS
The Fire Chief has the right to deviate from this section for the proper operation of the Department. Each October, Fire Battalion Chiefs shall bid shifts for a 12 consecutive month period of time.

SECTION 36. STAFFING
Minimum staffing for the department is eight (8) emergency response personnel inclusive of command staff Battalion Chief (as determined by the Fire Chief) but exclusive of the Fire Chief per shift because of fiscal constraints. The decision to increase staffing rests exclusively with the City Council.

IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ________________day of____ _____________, 2023.

SOUTH LAKE TAHOE POLICE

SUPERVISORS' COMMITTEE CITY OF SOUTH LAKE TAHOE

BY_________________________ BY:

Mayor, Cristi Creegan
DATE ______________________ Date:

BY_________________________
DATE ______________________
BY_________________________
DATE ______________________
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APPENDIX A

CLASSIFICATIONS IN THE POLICE SUPERVISORS COMMITTEE
Sworn:

Police Lieutenant
Police Sergeant
Fire Battalion Chief
Non-Sworn:

Public Safety Dispatch Supervisor
Police Records Supervisor
CSO Supervisor
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APPENDIX B

GRIEVANCES
Section 1 - APPLICATION
To establish a mutually satisfactory and timely method of settlement of grievances, the following procedure is available to all employees covered by this Memorandum of Understanding.

Section 2 - DEFINITION
A grievance is defined as an alleged violation, misinterpretation or misapplication of the provisions of this Memorandum of Understanding, or other rules and regulations adopted by the City Council which govern personnel practices and working conditions.

No proposals to add to, amend, or terminate a memorandum of understanding nor any issue arising out of or in connection with such a proposal may be considered under this grievance procedure.

No complaint concerning the payment of compensation to an employee shall be considered under this grievance procedure, unless it alleges a specific violation of the provisions of this Memorandum of Understanding or the City Personnel Rules. No adjustment of compensation resulting from a grievance under this procedure shall be retroactive for more than one (1) year from the date upon which the complaint was filed.

Section 3 - REPRESENTATION/NO REPRISAL
A grievant may be presented by individual(s) of his or her choice in preparing and presenting a grievance at any stage of this procedure.

The City shall grant a reasonable amount of paid release time from work for one employee as identified by the grievant to assist the grievant in preparing and presenting the grievance at any level of this procedure.

Where the grievant has identified a representative or representatives, such representative(s) shall be notified of all formal actions occurring on the grievance.

No employee shall be subject to restraint, coercion or reprisal as a result of filing a grievance under this procedure.

Section 4 - TIME LIMITS
Failure of the employee to act within the required time periods specified for any level of this procedure shall result in a resolution of the grievance at the last step pursued. Failure of the City to act within the required time periods shall result in an automatic advancement of the grievance to the next step of the procedure. Time limits specified in this procedure may be extended by mutual written agreement between the grievant or his/her representative and the City.

The term “submitted to” as used in this procedure shall mean the actual delivery of the document to the addressee’s normal place of business.
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The term “working day” shall mean a regular 40-hour workweek day of Monday through Friday.

Section 5 - PROCEDURES
Every attempt shall be made by the parties to settle the issue at the lowest level of this procedure. Only upon mutual written agreement between the parties involved may any stage of this grievance procedure be waived.

Step I - IMMEDIATE SUPERVISOR
Within thirty (30) calendar days following knowledge of the event or action on which the grievance in based, the employee shall notify his/her immediate supervisor either orally or in writing of the nature of the grievance. Within ten (10) working days of being notified of the grievance, the supervisor shall meet with the grievant, investigate the alleged grievance, and provide the grievant an answer.

Step II - DIVISION MANAGER
If the grievance is not resolved in Step I, the grievant may notify his/her division manager either orally or in writing of the grievance. Within ten (10) working days of being notified of the grievance, the division manager shall meet with the grievant, investigate the alleged grievance, and provide the grievant an answer.

Note: This step of the process should be repeated when two levels of management exist between the immediate supervisor and the Department Head.

Step III - POLICE CHIEF (OR FIRE CHIEF with regard to the “Battalion Fire Chief” classification)
If the grievance is not resolved in Step II, the grievant may submit a written grievance to the Police Chief (or Fire Chief with regard to the “Battalion Fire Chief” classification) within ten (10) working days of receiving the Step II response.

The written grievance shall contain the following information:

1. The name of the grievant(s).

2. The specific nature of the grievance.

3. The date, time and place of the event or action on which the grievance is based.

4. The provision(s) of the agreement or rule(s) alleged to have been violated.

5. Date discussed with supervisor and a copy of the supervisor’s response if that response was in writing.

6. The action of the grievant believes will resolve the grievance.

7. The name of the representative(s), if any, chosen by the grievant to participate in the grievance procedure.

If the Police Chief (or Fire Chief with regard to the “Battalion Fire Chief” classification) believes the grievant has failed to provide this information, he/she shall inform the grievant of the deficiency(ies) and the grievant shall be given five (5) working days to perfect and resubmit the grievance.
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The Police Chief (or Fire Chief with regard to the “Battalion Fire Chief” classification) shall investigate the issues, meet with the grievant, and attempt to reach a satisfactory resolution of the grievance. No later than ten (10) working days after receipt of the grievance, the Department Head shall issue a written response. Copies of the response shall be sent to all parties involved in the grievance, including the employee, the employee’s representative(s), the immediate supervisor and managers, and the Human Resources Manager.

Step IV - CITY MANAGER
If the grievant is not satisfied with the resolution presented by the Police Chief (or Fire Chief with regard to the “Battalion Fire Chief” classification), he/she may appeal that decision to the City Manager. Such appeal must be received in writing by the City Manager no later than ten (10) working days after receipt of the Department Head’s response. The written notice of appeal shall include the resolution sought, a copy of the Step II grievance, and the Department Head’s response. If the City Manager believes the grievance is incomplete, he/she shall notify the grievant and his/her representative and the grievant shall be given five (5) working days to perfect the appeal.

The City Manager may appoint a designee, who shall not be the concerned Department Head, to hear the grievance.

The City Manager or his/her designee shall set a meeting date which will not be more than fifteen (15) working days after receipt of the appeal by the City Manager. The grievant, the concerned Department Head, and any other parties requested by the City Manager/designee or the grievant shall attend the meeting and present oral or documentary evidence relevant to the grievance. The City Manager or his/her designee may conduct such other independent investigation of the grievance as he/she deems necessary.

Within ten (10) working days following the meeting, the City Manager or his/her designee shall issue a written decision to all parties directly involved in the grievance.

Step V - HEARING OFFICER/ARBITRATION
If the resolution presented by the City Manager or designee is not satisfactory to the grievant, the grievant may, within ten (10) working days from receipt of the decision, submit a written request to the City Manager for a hearing by an outside hearing officer (Arbitrator).

The outside hearing officer shall be selected by the Human Resources Manager and the grievant or his/her representative from a list of qualified arbitrators provided by the State Mediation and Conciliation Services. The City and the grievant or his/her representative shall alternately strike names from the list.

The last name remaining shall be the hearing officer. The party striking first shall be determined by lot.
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Upon mutual agreement and with the consent of the hearing officer, the City and the grievant may submit written materials to the hearing officer in lieu of holding a hearing.

If the grievant is not represented by the Union, the Union shall have standing at any hearing as a party of interest, but shall not be responsible for costs of the hearing officer or any other related costs.

All interested parties shall be notified by the Human Resources Manager in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing.

The hearing of the grievance shall be conducted under the following rules:
a. All hearings shall be private; provided, however, that the grievant may request a hearing open to the public.
b. Proceedings of the hearing shall be recorded but not transcribed, except at the request of either party. The party requesting the transcript shall bear the expense involved unless shared expenses are agreed to by both parties.

Should either party request transcripts, a copy shall be made available to the other party.
c. Either the City or the grievant may call any individual as a witness, and/or the hearing officer shall (as legally authorized by City Council action) issue subpoenas by request of either party. If a witness(es) called is a City employee, the City agrees to grant paid release time from work for the period of testimony. The grievant shall appear in person at the hearing, unless physically unable to do so.
d. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determinations of the truth.
e. Each party shall have the following rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues; and to rebut the evidence against him/her. f. Oral evidence shall be taken only on oath or affirmation. g. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence, and shall base their findings on the preponderance of evidence.
h. The hearing officer shall render their findings in writing as soon after the conclusion of the hearing as possible.
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i. The jurisdictional authority of the hearing officer shall be confined exclusively to the interpretation of the explicit provisions or rules, which may be at issue in the grievance. The hearing officer shall have no authority to add to, delete from, alter, or amend any provision of this agreement or of any other City rules, or impose on any party a limitation or obligation not exclusively provided for in this agreement or other City rules, or to alter any salary rate or structure.

A copy of the hearing officer’s decision shall be furnished to all parties to the grievance. The hearing officer’s fees and expenses shall be borne equally by the grievant and the City, including the cost of transcription if required by the hearing officer. Each party shall bear the cost of its own presentation including preparation and post hearing briefs.

The decision of the hearing officer shall be binding upon both parties to the appeal unless either party chooses to appeal to the Superior Court under Code of Civil Procedure Section 1094.5.
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APPENDIX C

DISCIPLINARY APPEALS PROCEDURE
Section 1 - APPLICATION
The disciplinary appeals procedure described herein shall be available to all regular status employees covered by this Memorandum of Understanding. It shall not be applicable to probationary employees.

It is intended that this procedure will comply with the Firefighter Bill of Rights, as to its application to the “Fire Battalion Chief” classification. The parties may discuss adjustments to the procedure in the event it is used to address any legal issues that may arise as a result of future FBOR case law.

Section 2 - DEFINITION
As used in this procedure, disciplinary action shall mean discharge, demotion, reduction in pay, transfer for purposes of punishment, suspension without pay, or written reprimands. Suspensions without pay for periods of less than thirty-six (36) hours or written reprimands shall not be subject to the pre-action requirements of this procedure and may be appealed only to the City Manager Review level. The City Manager’s decision on such appeals shall be final.

Suspension without pay shall be scheduled on consecutive days. In no event shall such suspension be imposed against vacation and/or compensatory time off previously earned by an employee.

Section 3 - REPRESENTATION/NO REPRISAL
An employee may be represented by individual(s) of his/her choice at any and all stages of this appeal process. The City shall grant a reasonable amount of paid release time from work for one employee to assist the appellant in preparing and presenting an appeal at any level of this procedure.

When an employee whom the City is proposing to discipline or whom the City has disciplined has identified a representative or representatives, such representative(s) shall be notified of formal actions taken in the disciplinary process.

In the case of disciplinary actions consisting of suspensions without pay for less than thirty-six (36) hours or written reprimands, employees shall be given notification sufficiently in advance to allow a representative to be present during the presentation of the disciplinary document.

No employee shall be subject to restraint, coercion or reprisal as a result of filing an appeal under this procedure.
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Section 4 - TIME LIMITS
Failure of the employee to file an appeal within the required time periods specified for any level of this procedure shall constitute an abandonment of the disciplinary action appeal.

Failure of the City to act within the require time periods shall result in an automatic advancement of the appeal to the next step. Time limits specified in this procedure may be extended by mutual written agreement between the employee or his/her representative and the City.

The term, “submit to” as used in this procedure shall mean (1) the actual delivery of the document to the addressee’s normal place of business, and (2), for shift personnel, shall mean the actual delivery of the document to the addressee’s primary residence.

The term, “working day” shall mean a regular 40-hour workweek day of Monday through Friday.

Section 5 - PRE-ACTION PROCEDURE
A. Action Proposed by Police Commander
Prior to imposing disciplinary action involving a suspension without pay of thirty-six (36) hours or more, reduction in pay, demotion, transfer for purposes of punishment, or discharge, the Police Commander shall first provide the employee an advance written notice of the proposed action including the following:

1. The specific disciplinary action be proposed.

2. The specific grounds and particular facts upon which the action is based.

3. Copies of all documents and materials upon which the action is based or access to such material at a reasonable time.

4. Notification that the employee has a right to respond to the charges either orally, in writing, or both prior to the implementation of the discipline, and that such response must be made to the Department Head within five (5) working days of the date the employee receives the notice.

B. Review of Police Chief (or Fire Chief, as to the “Fire Battalion Chief” classification) The Police Chief (or Fire Chief, as to the “Fire Battalion Chief” classification) shall issue a written decision on the proposed disciplinary action within five (5) working days of hearing or receiving the employee’s response. Copies of this decision shall be sent to all parties directly involved in the discipline, including the supervisor or manager, the employee, his/her representative, and the Human Resources Manager. 304
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Section 6 - POST-ACTION APPEAL
A. City Manager Review
The employee has the right to submit an appeal of the Department Head’s decision to the City Manager within ten (10) working days after receipt of the written decision. Any such appeal must be in writing, explaining the action being appealed, the reasons for the appeal, and the action the employee desires be taken.

The City Manager may appoint a personal designee, who shall not be the concerned Department Head or others directly involved in the disciplinary action, to hear the appeal.

The City Manager or his/her designee shall set a meeting date which shall not be more than fifteen (15) working days after receipt of the appeal by the City Manager.

The appellant, the Department Head, and any other parties requested by the City Manager/designee or the appellant shall attend the meeting and present oral and/or documentary evidence relevant to the disciplinary action. The City Manager or his/her designee may also conduct such other independent investigation of the charges and discipline as he/she deems necessary.

Within ten (10) working days following the hearing, the City Manager or his/her designee shall issue a written decision to all parties involved. The designee has the authority to affirm, repeal or modify the disciplinary action taken.

The City Manager’s review may be waived by mutual agreement between the appellant and the City.

B. Hearing Officer/Arbitration
The employee has the right to appeal the decision of the City Manager’s designee by submitting to the City Manager a written request for a hearing by an outside hearing officer. Such appeal must be submitted to the City Manager within ten (10) working days after receipt of the designee’s decision.

The outside hearing officer shall be selected by the Human Resources Manager and the appellant or his/her representative from a list of qualified arbitrators provided by the State Mediation and Conciliation Service. The City and the appellant or his/her representative shall alternately strike names from the list.

The last name remaining shall be the hearing officer. The party striking first shall be determined by lot.

Upon mutual agreement, and with the consent of the hearing officer, the City and the grievant may submit written materials to the hearing panel in lieu of holding a hearing.
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All interested parties shall be notified in writing by the Human Resources Manager of the date, time, and place of the hearing at least ten (10) working days prior to the hearing.

The hearing shall be conducted under the following rules:
a. All hearings shall be private; provided, however, that the appellant may request a hearing open to the public.
b. Proceedings of the hearing shall be recorded but not transcribed except at the request of either party. The party requesting the transcript shall bear the expense involved unless shared expenses are agreed to by both parties. Should either party request transcription, a copy shall be made available to the other party. c. Either the City or the appellant may call any individual as a witness and/or the hearing officer shall (as legally authorized by City Council action) issue subpoenas by request of either party. If a witness(es) called is a City employee, the City agrees to grant paid release time from work for the period of testimony. The appellant shall appear in person at the hearing, unless physically unable to do so. d. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determinations of the truth.
e. Each party shall have the following rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues; and to rebut the evidence against him/her.
f. Oral evidence shall be taken only on oath or affirmation. g. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence, and shall base his/her findings on the preponderance of evidence. h. The hearing officer shall render his/her findings in writing as soon after the conclusion of the hearing as possible.
i. The hearing officer may sustain or reject any or all of the charges filed against the employee and/or may sustain, reject, or modify the disciplinary action invoked against the employee.
j. A copy of the hearing officer’s decision shall be furnished to all parties directly involved in the disciplinary appeal.
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k. The hearing officer’s fees and expenses shall be borne equally by the appealing party and the City, including the cost of transcription if required by the hearing officer.

Each party shall bear the cost of its own presentation, including preparation and post hearing briefs.

APPENDIX D
City of South Lake Tahoe Police Department
Physical Examination Program
(Inapplicable to the “Fire Battalion Chief” classification) Option #1
Obtain City physical through City contracted provider. Contact the Police Department program administrator (currently the Dept. Administrative Assistant) for assistance in scheduling appointment. Physical is currently through Barton Hospital/Occupational Medicine Department, and is direct billed from the provider to the City Police Department.

Option #2
Obtain City physical through own general practitioner. If employee elects to use a personal provider, the employee must notify the Police Department program administrator to obtain specific forms, including required Examining Physician Statement, that need to be delivered by the employee to the employee’s provider at the time of the appointment.

In order to receive payment through this program, the employee’s provider must direct bill the City by sending an invoice to the address below. The City must receive an itemized invoice as well as a completed Examining Physician’s Statement indicating the employee is medically “qualified”, “conditionally qualified”, or “disqualified” (based on job duties).

Invoice mailed/delivered to:

City of South Lake Tahoe Police Department
1352 Johnson Blvd.

South Lake Tahoe, CA 96150
Attention: Invoice Payment/Administrative Assistant
530-542-6100
The tests to be included in the City paid physical and the maximum amounts paid are based on the City contract with the City’s contracted provider and may change from time to time. Contact Human Resources for a current information.

Below is the current list of tests covered under the City physical for sworn police staff.

Required tests and fees may change during the term of this MOU. Contact Human Resources for current information.

Basic Physical including vision and urinalysis
Additional Required Tests:

PFT – Pulmonary Function Test
Audio
Chest X-Ray
CMP2-Blood Panel
Lipid Blood Panel
Treadmill EKG – Stress EKG
TB Testing (“Qfer”)
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Optional Testing
Mammogram
PSA
Fire Battalion Chiefs will continue to receive physical examination as part of the Fire Department program.
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APPENDIX E
SALARY TABLE AS OF OCTOBER 1, 2023
SALARY TABLE POLICE SUPERVISORS’ COMMITTEE

POLICE LIEUTENANT
Index Key
Value Hourly Monthly
1900/1941/01 58.04198 10,061
1900/1941/02 60.94416 10,564
1900/1941/03 63.99357 11,092
1900/1941/04 67.19045 11,646
1900/1941/05 70.55735 12,230

POLICE RECORDS SUPERVISOR
Index Key
Value Hourly Monthly
4200/4216/01 31.60410 5,478
4200/4216/02 33.17910 5,751
4200/4216/03 34.83912 6,039
4200/4216/04 36.58417 6,341
4200/4216/05 38.41456 6,659

POLICE SERGEANT
Index Key
Value Hourly Monthly
4200/4232/01 47.32489 8,203
4200/4232/02 49.69232 8,613
4200/4232/03 52.17173 9,043
4200/4232/04 54.77913 9,495
4200/4232/05 57.51448 9,969

PUBLIC SFTY DISPATCH SUPERVSR
Index Key
Value Hourly Monthly
4200/4222/01 33.74677 5,849
4200/4222/02 35.43379 6,142
4200/4222/03 37.20967 6,450
4200/4222/04 39.06983 6,772
4200/4222/05 41.02182 7,110
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FIRE BATTALION CHIEF
Index Key
Value Hourly Monthly
4201/4410/01 42.15393 10,229
4201/4410/02 44.26168 10,741
4201/4410/03 46.47472 11,278
4201/4410/04 48.79849 11,842
4201/4410/05 51.23839 12,434
4201/4410/06 53.28793 12,931

COMMUNITY SERVICE OFFICER SPVR
Index Key
Value Hourly Monthly
4200/4210/01 35.82834 6,210
4200/4210/02 37.61975 6,521
4200/4210/03 39.50077 6,847
4200/4210/04 41.47574 7,189
4200/4210/05 43.54955 7,549
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APPENDIX F
Classification and Market Deviation
Current Classification Job Title Market Deviation
Public Safety Dispatch Supervisor -2.8%
Fire Battalion Chief -14.2 (based on internal relationship) 312
313
314
315
316
317
318
319
320
321
322
323
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:16
Agenda Item: Amendment to Heavenly Parking Agreement
Executive Summary: On November 7, 2023 the City Council received an update on the negotiations with Heavenly and further directed staff to continue negotiating based on terms presented by the City and proposed by Heavenly with an additional change to the notification of termination from 180 days to 90 days. The proposed amendment includes a one-time payment from Heavenly of $106,382 for a portion of the Ski Run Blvd rehabilitation project costs and an annual payment of $54,320 for the use of 388 on street parking spaces on Ski Run Blvd, Saddle Road and Keller Road. The amendment also addresses snow removal responsibilities, personnel support for chain control and parking management, and deployment of changeable message signs to direct drivers to appropriate parking areas.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment 1 to the Heavenly Parking Agreement.

Responsible Staff Member: Anush Nejad, Director of Public Works, David Stevenson, Chief of Police, and Hilary Roverud, Assistant City Manager
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report
02-2013 Heavenly Parking Agreement
03- Agreement Amendment
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Council Agenda Report November 21, 2023 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Amendment to Heavenly Parking Agreement
Location: Heavenly Valley Area
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.

On August 8, 2023, 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. On November 7, 2023 the City Council received an update on the negotiations with Heavenly and further directed staff to continue negotiating based on terms presented by the City and proposed by Heavenly with an additional change to the notification of termination from 180 days to 90 days.

Issue and Discussion:

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

The following is a summary of the improved transit support services proposed by Heavenly for the 2023/2024 season:
• 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.
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Council Agenda Report November 21, 2023 Page 2 of 3
• 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.

In addition, Heavenly is proposing the following financial and support services to the City for this winter, which are included in the proposed amendment to the 2013 parking agreement:
 Heavenly one time payment of $106,382 for a portion of the Ski Run Pavement Rehabilitation cost.
 Value of Parking. Heavenly annual payment of $54,320 for use of 388 parking spaces on Ski Run Blvd, Saddle Road and Kellar Road (See Agreement Exhibit A).  Heavenly deployment of two portable CMS signs in locations to be determined in coordination with the City to alert Heavenly’s guests of chain control requirements and parking availability.
 Heavenly will pay to the City a flat fee of $3,500 annually for street sweeping to recover abrasives that either Heavenly or the City has put down on the streets.  Heavenly will provide personnel support for the approved chain control program.  Heavenly will provide personnel support to help manage street parking.  Heavenly will provide primary snow removal, deicing and sanding on lower Ski Run Blvd, Wildwood, and Needle Peak. Heavenly will also provide snow removal, deicer and sanding on Saddle Road, Keller Road, and upper Ski Run Blvd on days street parking will be utilized.

Additional proposed changes to the agreement include bi weekly coordination meetings between Heavenly, City Public Works and City Police Department staff and a 90-day notice of termination period. Heavenly requested the proposed language to limit the time period for issuing a notice of termination to between February 1 and June 1 of each year so that the agreement could not be terminated mid-winter season or during preparation for winter season.

Financial Implications: The proposed amendment would increase General Fund revenue associated with the agreement from $20,000 annually to $54,320 with an additional one time payment of $106,382 that will be deposited into the Annual Road Rehabilitation CIP account 301- 50005, and $3,500 to be deposited into Snow Sweeping account 245-03806. 365
Council Agenda Report November 21, 2023 Page 3 of 3
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. 366
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1 CITY OF SOUTH LAKE TAHOE

FIRST AMENDMENT TO

HEAVENLY PARKING AGREEMENT
This First Amendment to the City of South Lake Tahoe – Heavenly Parking Agreement (“First Amendment”) is entered into and effective as of the 21st day of November 2023 by and between the City of South Lake Tahoe, a municipal corporation (“City”), and Heavenly Valley Limited Partnership, a Nevada Limited Partnership, d/b/a/ Heavenly Mountain Resort (“Heavenly”). The City and Heavenly are sometimes referred to herein individually as a “Party” or collectively as the “Parties.”

RECITALS
A. On October 1, 2013, the City entered into that certain City of South Lake Tahoe – Heavenly Parking Agreement (“Agreement”) with Heavenly allowing Heavenly’s use of certain onstreet parking during peak visitor days in the vicinity of the California Main Lodge in exchange, in part, for $20,000 per year.

B. The Parties now desire to alter the Agreement’s terms to increase the annual payment and make other changes as set forth below, with all other terms of the Agreement remaining unchanged.

AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals (which are incorporated into this First Amendment by reference), the mutual covenants set forth herein, and for other good and valuable consideration, receipt of and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Definitions. All capitalized terms used in this First Amendment but not otherwise defined herein shall have the meanings set forth in the Agreement.

2. Locations of On-Street Parking. Section 2 of the Agreement is hereby deleted in its entirety and replaced with the following:

2. Locations of On-Street Parking.

Heavenly agrees to pay the City by January 31 of each year for the current ski season, the sum of $54,320 for the use of the following sites for on-street parking:

A. Angle parking spaces on the east side of Ski Run Boulevard and parallel parking on the west side of Ski Run Boulevard between David Lane and Needle Peak Road, except for the chain control area as shown on Exhibit A, which is attached hereto and incorporated by reference.

B. Angle parking spaces on the east side of Ski Run Boulevard and parallel parking on the west side of Ski Run Boulevard between Needle Peak Road and Regina Road, as shown on Exhibit A.
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2 C. Parallel parking spaces on the north side of Saddle Road between Wildwood Avenue and Ski Run Boulevard, as shown on Exhibit A.

D. Parallel parking spaces on the west and north sides of Keller Road between Saddle Road and Sherman Way, as shown on Exhibit A.

Exhibit A shows the locations of on-street parking spaces that Heavenly will use.

3. Snow Removal and Application of Deicer and Abrasives on City Streets. Section 3 of the Agreement is hereby deleted in its entirety and replaced with the following::

3. Snow Removal and Application of Deicer and Abrasives on City Streets.

In order to assist the City with timely snow removal and application of deicer and abrasives on the streets that are covered by the Agreement, snow removal, sanding, and deicing will be primarily performed by Heavenly, using its own equipment, on the following roads:
• Lower Ski Run between Needle Peak Road and Pioneer Trail, • Wildwood Avenue between Needle Peak Road and Saddle Road, and • Needle Peak Road between Ski Run Boulevard and Wildwood Avenue.

On days that street parking will be utilized, snow removal, sanding, and deicing will be primarily performed by Heavenly, using its own equipment, on the following roads:
• Saddle Road between Ski Run Boulevard and Wildwood Avenue, • Keller Road above Saddle Road to Sherman Way, and
• Upper Ski Run Boulevard between Needle Peak Road and Regina Road.

Heavenly shall use its best efforts to communicate its intent to remove snow and apply deicer and abrasives. Heavenly, the South Tahoe Public Works Department, and South Tahoe Police Department representatives will meet every two weeks when Heavenly is in winter operations to discuss snow removal and sanding plans as well as collaborative preparation for storm cycles and peak visitation periods. Special meetings may also be requested by any of the aforementioned stakeholders to coordinate preparations for storm events or peak visitation periods.

A. Heavenly will pay to the City a flat fee of $3,500.00 annually for street sweeping to recover abrasives that either Heavenly or the City has put down on the streets.

B. By the fifteenth (15th) day of each month between November and April, Heavenly will report monthly to the City, in a mutually agreeable format, the amount and location of deicer and abrasives that it has put down.

C. Heavenly shall reimburse the City for the cost of any road repair work required as a result of damage caused by Heavenly’s negligent use of its snow removal or deicer equipment within thirty (30) days from Heavenly’s receipt of the undisputed invoice from the City showing repairs performed and monies due.

In the event of dispute over the nature of the charges or the reasonableness of the cost of the repair work invoiced, the dispute shall be submitted to the City Council of South 377
3 Lake Tahoe for resolution. The decision of the City Council shall be final and binding on all Parties.

4. Duration of Agreement. Section 6 of the Agreement is hereby deleted in its entirety and replaced with the following:

6. Duration of Agreement.

The Agreement shall continue from year to year from the Effective Date, unless terminated as provided herein. The Agreement may be terminated as follows:

A. The City and Heavenly shall have the right to terminate the Agreement, with or without cause, by providing ninety (90) days’ prior written notice of termination to the other Party provided; however, the right to submit such notice of termination shall be limited to the following time period: February 1 through and including June 1 of each calendar year the Agreement is in effect.

B. Notwithstanding the foregoing, the Agreement may be terminated, with or without cause, at any time by written mutual agreement of both Parties.

5. Other Heavenly Obligations. The Agreement is hereby amended by adding a new Section 8 as follows:

8. Other Heavenly Obligations
A. Heavenly agrees to pay the City by December 31, 2023, a one-time sum of $106,382.00 to reimburse the City for a portion of the Ski Run Boulevard pavement rehabilitation project completed in 2023.

B. Heavenly shall provide sufficient personnel to manage the on-street parking in Exhibit A and to support the City’s chain control operations when chain controls are in effect.

C. Heavenly shall provide and deploy in locations to be determined in coordination with the City two (2) portable changeable message signs to alert Heavenly’s guests of chain control requirements and parking availability.

6. Exhibit B. Exhibit B to the Agreement is hereby deleted in its entirety.

7. Ratification. All of the sections, terms, covenants, and conditions contained in the Agreement, except as modified by this First Amendment, shall remain unmodified and of full force and effect are hereby ratified and affirmed by City and Heavenly. [SIGNATURE PAGE FOLLOWS]
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4 IN WITNESS WHEREOF, the Parties have caused this First Amendment to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE HEAVENLY VALLEY,

LIMITED PARTNERSHIP
By: __________________________ By: __________________________ Cristi Creegan, Mayor

Business License #

APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk CITY SEAL:
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5 EXHIBIT A
Map of On Street Parking
(See Attached)
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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
Overlook
Ct
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
Cal Base
Lower Lot
Upper Lot
Tram
Angle Parking
Parallel Parking
Chain Control
Road
City Boundary
Map Extent
Lake Tahoe
012468
Miles
Path: \\gis\share\Projects\PublicWorks\GeneralPublicWorksProjects\GeneralPublicWorksProjects.aprx | Heavenly Cal Base Parking Plan | 4/5/2023 Chain Control
Ar
e
a
Exhibit A
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:17
Agenda Item: Agreements with BPR Consulting Group, 4Leaf Inc., and TRB and Associates for Inspection, Plan Review, and Permit Technician Services Executive Summary: The City released a Request for Proposals (RFP) to solicit third party consultants for Plan Review, Permit Technician, and Inspection services. This is a request to approve three PSA's to provide professional services for Building Division business and Fire Plan review.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Professional Services Agreements with BPR Consulting Group, 4Leaf Inc., and TRB and Associates for Plan Review Services, Permit Technician Services, and Inspection Services for a cumulative total amount not to exceed $230,000 over a three-year term.

Responsible Staff Member: Jeremy Harrison, Building Official Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorneu Attachments:
02-PSA-4Leaf Inc.docx
03-PSA-BPR Group.docx
04-PSA-TRB and Associates.docx
01-Staff_Report-PSA_Inspection_Plan_Review_Permit_Technician_Services.docx 382

CITY OF SOUTH LAKE TAHOE

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

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

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

AGREEMENT

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for three (3) years. 383

Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

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.
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7. Ownership of Documents.

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

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by 385
any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
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b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

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

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all 387
costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City 388
at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
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b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. 390
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

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

Provide a copy to: 4Leaf, Inc.
8896 North Winding Way
Fair Oaks, CA 95628

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual 391
relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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

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

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

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

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By___________________________ By ________________________________ Mayor Name, Title
Date __________________________ Date _____________________________ Business License # ___________________
APPROVED AS TO FORM:

By____________________________ Date ________________________________ City Attorney
ATTEST:

By______________________________ Date ________________________________ City Clerk
Attachments:

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

SCOPE OF SERVICES
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397
398
399
400
401
402
403

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
TOTAL (not to cumulatively exceed) $230,000
404
405
406

EXHIBIT C

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

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

Consultant:

Name, Title
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By:________________________________________
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CITY OF SOUTH LAKE TAHOE

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

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

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

AGREEMENT

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for three (3) years. 409

Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

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.
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7. Ownership of Documents.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by 411
any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
412
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

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

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all 413
costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City 414
at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
415
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. 416
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

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

Provide a copy to: BPR Consulting Group
2201 Francisco Drive Suite #140-658
El Dorado Hills, CA 95762

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the 417
subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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

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

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

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

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
420
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By____________________________ Date ________________________________ City Attorney
ATTEST:

By______________________________ Date ________________________________ City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
421

EXHIBIT A

SCOPE OF SERVICES
422
423
424
425
426
427
428
429
430
431
432
433
434
435

EXHIBIT B

SCHEDULE OF CHARGES
BUDGET
TOTAL (not to exceed) $230,000
436

EXHIBIT C

ANTI-LOBBYING CERTIFICATION
437
Consultant shall submit to City this certification prior to or at the time of the execution of this Agreement.

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

Consultant:

Name, Title
By:________________________________________
438

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 21stday of November 2023 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and BPR Group (“Consultant”).

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

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

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

AGREEMENT

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for three (3) years. 439

Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

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.
440

7. Ownership of Documents.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by 441
any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
442
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

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

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all 443
costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City 444
at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
445
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. 446
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

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

Provide a copy to: TRB and Associates
1900 Point West Way, Suite 261
Sacramento, CA 95815

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the 447
subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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

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

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

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

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
450
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By____________________________ Date ________________________________ City Attorney
ATTEST:

By______________________________ Date ________________________________ City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
451

EXHIBIT A

SCOPE OF SERVICES
452
453
454
455
456
457
458

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
TOTAL (not to cumulatively exceed) $230,000
459
460

EXHIBIT C

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

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

Consultant:

Name, Title
By:________________________________________
461
Council Agenda Report- November 21, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Professional Services Agreement for Inspection, Plan Review, and Permit Technician Services. (3-year contract)
Location: City-wide
Responsible Staff Member: Jeremy Harrison, Building Official Background: The City of South Lake Tahoe Building Division experiences significant variation in workload throughout the year outside of the economically driven ebb and flow of general permit activity. The two main contributing factors are weather and the grading season that extends from roughly May 1st to October 15th. The impact of these factors greatly contributes an oscillation of permit applications, permit issuances, plan reviews, and building inspections between the winter months and the summer months. The use of profession consulting services allows for consistent service delivery in the areas of building permit application intake and issuance, building plan reviews and building inspections.

Issue and Discussion: A Request for Proposals was released from September 27, 2023, to October 18, 2023. Ten proposals were received from consulting firms, and three were rejected as the proposals did not include the full scope of services. The seven firms that offered the full scope of services were 4Leaf Inc., BPR Consulting Group, Bureau Veritas North America, Shums Coda Associates Inc., TRB and Associates, True North Compliance Services, Inc., and Wildan. A selection panel comprised of David Chapman, Principal Building Inspector; Andrew Black, Financial Services Supervisor; and Daniel Brown, Fire Inspector reviewed and scored the submittals on the following criteria totaling 100 points:
 Cover Letter - 5 points
 Company History, Background and Experience - 25 points  Scope of Work/Implementation - 25 points
 Description of Personnel Qualifications – 25 points
 Description of Fees Itemized – 20 points
Scores of the three panelists were averaged and the review scoring was as follows:

98.3 points – BPR Consulting Group

98.0 points – 4Leaf Inc.

96.6 points – TRB and Associates

94.6 points – Bureau Veritas North America

93.0 points – Wildan

88.0 points – Shums Coda Associates Inc.

78.6 points – True North Compliance Services
462
Council Agenda Report- November 21, 2023 Page 2 of 2
Through the review process, it was determined that a combination of top scoring firms would be best in providing the city with on-call Permit Technician, Plan Review, and Inspection services. Multiple consultant firms are recommended as there are occasions when the volume of building permit plan checks or the need for special expertise necessitates the use of a multiple firms to adequately manage the workload. BPR Consulting Group, 4Leaf Inc., and TRB and Associates would be the three most qualified firms based on the proposals submitted and selection criteria to provide on-call consultant services. These companies are familiar with the Tahoe Region and the City of South Lake Tahoe through their previous experience with previous contracts. They are also familiar with the Tahoe Regional Planning Agency (TRPA) regulations and permitting requirements. The 3-year contracts for all three firms will not exceed a cumulative total of $230,000.

Staff recommends including Fire Department budgetary dollars to facilitate Fire Plan Review as requested by Fire Inspector, Daniel Brown. Counter staff will filter each plan assigned to third-party review to ensure separate invoicing to the appropriate budgets.

Financial Implications: To accommodate this fluctuating workload the City Council allocated $250,000 with the adoption of the 2023-20224 budget into account 100311036322 from fund 271 long-term building permit fee revenue. The allocation of this revenue ensures that permit fees collected are available to provide inspection and other services for the project subsequent to year(s) in which the fee was initially collected. The budgeted amount for third party plan review contract services approved in the fiscal year 2023-24 budget is $ 220,000.00.

This will be expended out of Building and Safety Account # 10003110-42025. Fire will use Plan Review services and has $ 10,000 allocated for that purpose. Fire plan review will be expended out of Fire Prevention Account# 10002240-42020. Counter staff will filter plan submissions for separate invoicing between Building and Fire. The expenses to support the Professional Services Agreements for On-Call Plan Review Services are fully covered by building permit and TRPA application fees.

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

Policy Implications:

Continued implementation of the California Title 24 Code of Regulation, TRPA Regulations, and City of South Lake Tahoe Municipal Code
463
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:18
Agenda Item: Amendment to Funding Agreement with the South Shore Transportation Management Association
Executive Summary: City Council originally approved an agreement with the SS/TMA to provide microtransit services on May 3, 2022. SS/TMA has contracted with South Tahoe Downtowner, LLC to operate the Lake Link system, a turnkey on-demand pilot microtransit service. The Lake Link service was formally launched in July 2022 and has seen continuous increase in ridership. On February 14, 2023, City Council approved an updated funding agreement and appropriation of $200,000 to fund microtransit service over 16-months, through fiscal year 2023-2024. At the February 2023 meeting, the City Council also committed to providing an additional $500,000 as catalyst funds to expand microtransit services citywide pending additional contributions from other partners. City Council will consider an amendment to provide the additional $500,000 to expand the Lake Link service area and hours.

Requested Action / Suggested Motions: (1) Pass a Motion authorizing and directing the Mayor to execute Amendment 1 to the Funding Agreement with the South Shore Transportation Management Association (SS/TMA); (2) Pass a Resolution appropriating an additional $500,000 for Microtransit Service from General Fund Undesignated Excess Reserves to fund SS/TMA Agreement Amendment 1 Responsible Staff Member: Hilary Roverud, Assistant City Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
02-C-024-2023 SSTMA Funding Agreement
03-Amendment to Agreement with SSTMA
01-Staff Report
04 - Budget_Resolution_SSTMA_Funding_Agreement.docx
464
Council Agenda Report- November 21, 2023 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Amendment to the Funding Agreement with the South Shore Transportation Management Association and Appropriation of an additional $500,000 to fund Microtransit Service Through FY 2023-2024
Location: Citywide
Responsible Staff Member: Hilary Roverud, Assistant City Manager Background: The South Shore Transportation Management Association (SS/TMA) is a public/private partnership governed by a local Board of Directors comprised of public and private entity representatives. It is a non-profit corporation whose mission is to provide support and a unified leadership voice for public/private partnerships and to advocate for improved mobility to meet visitor and resident transportation needs. SS/TMA has received funding for microtransit from El Dorado County, the South Lake Tahoe Tourism Business Improvement District, Lake Tahoe Visitors Authority, Tahoe Douglas Visitors Authority, Douglas County, the Tahoe Blue Event Center and private businesses. SS/TMA continues to seek additional long term sustainable funding to maintain and expand the microtransit services and to electrify the microtransit fleet.

City Council originally approved an agreement with the SS/TMA to provide microtransit services on May 3, 2022. SS/TMA has contracted with South Tahoe Downtowner, LLC to operate the Lake Link system, a turnkey on-demand pilot microtransit service. The Lake Link service was formally launched in July 2022 and has seen continuous increase in ridership. In the month of September 2023 Lake Link provided 11,156 rides to 15,390 passengers. Lake Link currently provides service Sunday through Thursday 7:00am-9:00pm and Friday through Saturday 7:00am-10:00pm.

On February 14, 2023, City Council approved an updated funding agreement and appropriation of $200,000 to fund microtransit service over 16-months, through fiscal year 2023-2024 ($150,000 annual) (Attachment 02).

Issue and Discussion:

At the February 2023 meeting, the City Council also committed to providing an additional $500,000 as catalyst funds to expand microtransit services citywide pending additional contributions from other partners. Since February 2023 additional funding has been secured from Douglas County ($600,000) and with the opening of the Tahoe Blue Event Center in September, funds from $3 per ticket surcharge have also been provided. The Tahoe Blue Event Center provided $23,599 and the estimated annual funding from the event center is $300,000. The current service, covering roughly a three-mile area, has an operational cost of approximately $1.4 million. Currently anticipated revenue for the 2023-2024 fiscal year is approximately $1.5 million.

In order to expand to the remainder of the city, the cost is an estimated $3 million to $3.25 million.

With an additional City commitment of $500,000 the service would be expanded westward along 465
Council Agenda Report- November 21, 2023 Page 2 of 3
Highway 50 to include the Tahoe Sierra (Sierra Tract) and Highland Woods neighborhoods as shown below.

This expansion of service would include an additional Lake Link vehicle and allow for Friday and Saturday service hours to be extended to 11:00pm.

The proposed amendment to the current Funding Agreement with SS/TMA (Attachment 03) includes a revised scope of services to reflect the expanded Zone 1 area and hours of operation.

The amendment also includes a change to allow for advance payments to improve SS/TMA cashflow to contract for the services.

City staff continues to work with SS/TMA and funding partners to secure sustainable funding to expand microtransit services citywide and provide longer service hours. At the October 16, 2023 meeting the Tahoe Transportation District adopted resolutions to authorize the TTD executive director to submit claims for fiscal year 2023-2024 for Transportation Development Act (TDA) funds (Local Transportation Funds and California State Transit Assistance Funds) stating that the fiscal year 2024 application may be amended once a revenue sharing agreement is reached to support additional microtransit services within the California portion of the South Shore. City, SS/TMA, and TTD staff have engaged in discussions to determine the appropriate amount and use of TDA funds necessary to meet goals of the respective parties.

As long-term sustainable funding for microtransit is being developed, these discussions also include exploring the establishment of a long-term operating entity. The operating entity would require the authority to administer funds and resources to provide transit services. Operating entities could include a transportation agency, other eligible public agency or a joint powers authority or similar body.

The Joint Exercise of Powers Act authorizes public agencies to establish two kinds of JPAs, either to jointly contract for services or to form a separate legal entity with independent legal rights. Forming a separate 466
Council Agenda Report- November 21, 2023 Page 3 of 3
entity can be beneficial because the debts, liabilities and obligations of the JPA belong to that entity, not the contracting parties. To enter into a JPA (either to jointly exercise common powers or to form a separate legal entity), the governing bodies of all public agency parties must approve an agreement stating the powers of the JPA and the manner in which it will be exercised. City staff is also conducting research on other options, which can be presented to the City Council at a later date if necessary.

Financial Implications: If approved by the City Council, the additional $500,000 would be allocated from General Fund Undesignated Excess Reserves into account 100-01951-44032, Non-Departmental Contributions/Sponsorships to fund the amended City and SS/TMA funding agreement.

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

Policy Implications: This funding agreement with the SS/TMA for Microtransit Service would advance Goal 1.4 (Transportation) in the 2023-2028 Strategic Plan, by addressing Action Item 4:

Partner with South Shore Transportation Management Association, Tahoe Transportation District, Tahoe Regional Planning Agency and other partners to identify new and existing funding sources to expand and electrify micro-transit service from its initial footprint to the entire city limits, as based on the 2022 South Shore Transportation Analysis.
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FUNDING AGREEMENT
Annual Contribution
South Shore Transportation Management Association ( SS/ TMA) South Shore Microtransit Service
This Funding Agreement (“Agreement”) is dated and effective ______ between the South Shore Transportation Management Association (“ SS/TMA”) and the City of South Lake Tahoe City”). In this Agreement, City is referred to as a South Shore Microtransit Service “Funding Partner.” The SS/ TMA and Funding Partner are collectively referred to herein as the “Parties.”

RECITALS
WHEREAS, SS/ TMA is a non-profit corporation organized under the laws of the State of Nevada whose mission is to support the economic vitality of the South Shore of Lake Tahoe, providing support and a unified leadership voice for public/private partnerships. SS/TMA advocates for improved mobility with innovative solutions to meet visitor and resident transportation needs by fostering collaboration, education, and sustainable funding; and WHEREAS, consistent with its mission, the SS/TMA Board of Directors has approved the SS/TMA’s role as the contracting entity for the South Shore Microtransit Service, an interstate and intrastate service connecting the South Shore; and
WHEREAS, SS/TMA has contracted with South Tahoe Downtowner, LLC ridedowntowner. com) (” Operator”) to operate the South Shore Microtransit Service (“ Microtransit Service”); and
WHEREAS, the Microtransit Service is designed to improve non-auto mobility options throughout its service area, and provide connections to other transit services, including fixed route transit; and
WHEREAS, the City entered into an agreement for $150,000 for Microtransit Service for 2022-23; and
WHEREAS, the City and SS/ TMA desire to continue the Microtransit Service and the current partnership in 2023-2024; and
WHEREAS, the Microtransit Service funded through this agreement between City and SS/ TMA is above and beyond the service required as a condition of the Tahoe South Event Center TSEC) permit; and
WHEREAS, the Board of Directors has also approved the SS/ TMA’s role as the facilitator and collector of contributions to support the Microtransit Service from the Funding Partners herein named; and
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WHEREAS, the South Shore Microtransit Service will continue to operate under the direction of the SS/TMA Board of Directors, on which the City holds an at-large voting seat under this Agreement to be filled by City staff.

NOW, THEREFORE BE IT RESOLVED, in consideration of the foregoing recitals and the covenants contained herein, the Parties agree as follows:

1. EFFECTIVENESS AND TERM. This Agreement shall be effective upon the expiration of the 2022-2023 agreement of June 20, 2023 for one year and three months to align with the City’s fiscal year, and shall expire on September 30, 2024 with the option to renew for one (1) one-year term upon written mutual agreement. The City of South Lake Tahoe shall continue to be granted one (1) voting seat on the Board of Directors of the SS/TMA to be filled by a City staff person/non-elected official.

2. SERVICE. SS/STMA shall contract with the Operator to operate the Microtransit Service pursuant to the routes and schedules as determined by the SS/TMA Board of Directors, which includes a representative of the City, with the option to expand service to the remainder of the city limits. SS/TMA has discretion to amend the routes and schedules of the service current as of the execution of this agreement at any time as deemed necessary by SS/TMA for operational or funding related purposes provided that no such amendments shall increase the financial obligations of the Funding Partner, which shall be binding on the execution of this Agreement. A supermajority vote of the Board of Directors of the SS/TMA shall be required to amend service parameters. SS/TMA has the discretion to replace the Operator with another operator. A supermajority vote of the Board of Directors of the SS/TMA shall be required to replace the Operator.

3. FUNDING. The estimated operating costs for the pilot program are $1.2 million. The Funding Partner agrees to provide one payment of $50,000 for the months of June, July, August, and September 2023 payable to the South Shore Transportation Management Association; and $150,000 for the months of October 2023 through September 2024, paid quarterly in equal amounts, payable to the South Shore Transportation Management Association.

4. INVOICING. SS/ TMA shall provide one (1) invoice to Funding Partner at least 30 days in advance of the payment due date specified in Section 3 of this Agreement. Invoices shall reference the South Shore Microtransit Service, the payment due date, and the relevant period of service.

5. USE OF FUNDS. SS/ TMA shall deposit all funding amounts received into a separate account held solely for the South Shore Microtransit Service. SS/TMA shall use all funds solely for the purpose of paying the costs of the Microtransit Service (above and beyond the TSEC permit requirement) which shall include funds for service operation, SS/TMA management, accounting, and marketing.

6. RESERVE FUNDS. Any funds remaining unspent at the end of a fiscal/ operating year after all costs of the Microtransit Service have been paid, including allocated funds for management, accounting, marketing and promotion, and audits, will be held in a restricted reserve fund. Reserve funds held within this account are to be used for the sole purpose of the South Shore Microtransit C-024-2023 469
Service. The maximum Reserve Fund balance will cover 12 months of operations and management services to be determined by a subsequent fiscal year budget to ensure a funding source is available in the event of a funding shortage in any future year of operation. Any additional funds will be used for service expansion or returned to the Funding Partner by a pro rata share.

7. RETURNS. Amounts paid by the Funding Partner will be returned to the Funding Partner if the microtransit service is canceled and/or those amounts are not needed to pay for the service in future years. Any amounts returned to the Funding Partner will be determined on a pro-rata basis according to the amount contributed.

8. REPORTS. SS/ TMA will provide monthly reports on the South Shore Microtransit Service to Funding Partner.

9. SS/TMA MICROTRANSIT COMMITTEE. The SS/TMA Board of Directors shall maintain a Microtransit Committee to provide oversight of the Operator and Microtransit service through a contracted Program Manager or Executive Director to ensure the performance and accountability of the Microtransit Service.

10. RECORDS. SS/ TMA shall maintain satisfactory account statements, records, and other documents related to the South Shore Microtransit Service for the life of the program. Account statements, records, and other documents relating to the microtransit service shall be retained by SS/TMA for three (3) years following the completion or termination of this Agreement and shall be subject to examination and audit by the Funding Partner.

11. SS/TMA MANAGEMENT TASKS AND COMPENSATION. Through its Microtransit Committee and contracted Program Manager or Executive Director, SS/ TMA shall oversee the dayto-day management and operation of the Microtransit Service and provide accounting, marketing, advertising and promotional support, as well as South Shore orientation, reporting, and other services for the Microtransit Service as set forth in Exhibit A, including auditing of the contract consistent with the provisions of the Agreement between SS/TMA and the Microtransit Service Operator.

12. INDEMNIFICATION. SS/ TMA hereby agrees to and shall indemnify and hold harmless Funding Partner, its elected and appointed boards, officers, agents, employees, and volunteers from and against all liability for any and all claims, demands, actions, losses, damages, and injuries, direct or indirect (including any and all costs and expenses in connection therein) arising out of this Agreement or caused in any way by SS/TMA’s negligent performance of this agreement or breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the Funding Partner. SS/ TMA agrees to defend Funding Partner against any and all losses, damages, claims, costs, and fees arising out of SS/TMA’s negligent acts, errors, or omissions regarding this Agreement.

Funding Partner does not, and shall not, waive any rights against SS/TMA which it may have by reasons of the aforesaid hold harmless agreement, because of the acceptance by Funding Partner, or the deposit with Funding Partner by SS/TMA, of any of the insurance policies hereinafter set forth.

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

SS/TMA further waives any and all rights to any type of express or implied indemnity or right of contribution from the Funding Partner for any liability, claims, demands, costs, charges, and expenses and causes of action whatsoever arising out of or in any way connected with this Agreement.

13. INSURANCE REQUIREMENTS. SS/ TMA, at its own cost and expense, shall procure and maintain, for the duration of the Agreement, the following insurance policies. a. Commercial General Liability Coverage. SS/TMA 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 Funding Partner. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of SS/TMA. 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.
b. Automobile Liability Coverage. SS/ TMA shall maintain automobile liability insurance covering bodily injury and property damage for all activities of SS/ TMA arising out of or in connection with this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Endorsements. The insurance required by this Agreement shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
a. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds under SS/TMA’s General Liability policy with respect to liability arising out of this Agreement.
b. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
c. This insurance shall act for each insured and additional insured as though a separate policy had been written for each.
d. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, or agents.

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e. 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. f. No policies of insurance carried by SSTMA shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.

Deductibles and Self-Insured Retentions. SS/TMA shall be responsible for all deductibles in all of SS/ TMA’s insurance policies. The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.

Certificates of Insurance. SS/ TMA shall provide certificates of insurance with original endorsements to Funding Partner as evidence of the insurance coverage required herein. SS/TMA shall not 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.

14. DISPUTES AND TERMINATION. The Parties shall meet and confer in an attempt to resolve any dispute arising from this Agreement. If the dispute cannot be resolved, any party may terminate this Agreement upon 60 days written notice to the other party. In the event of termination, the Funding Partner shall not be entitled to any reimbursement of funding amounts already provided except as provide in Section 7 of this Agreement.

15. NOTICE: Written notice under this Agreement shall be provided via U.S. Mail, electronic mail, or in person, as follows:
for City for SS/TMA
Joseph Irvin Steve Teshara
City Manager Chair, SS/ TMA Board of Directors
1901 Lisa Maloff Way PO Box 1875
South Lake Tahoe, CA 96150 Zephyr Cove, NV 89448

16. NO THIRD-PARTY BENEFICIARIES. This Agreement is for the benefit of the parties hereto and nothing contained herein shall be construed as granting, vesting, creating, or conferring any right or cause of action on any third party. Nothing in this Agreement is intended to create, nor shall it be deemed to create any contractual relationship with any third party and SS/TMA or the Funding Partner.

17. GOVERNING LAW; JURISDICTION. This Agreement will be governed by, interpreted under; and construed and enforced in accordance with the laws of the State of California, without regard to its conflict of laws rules, with venue in the Superior Courts in the County of El Dorado, South Lake Tahoe Division. Each of the Parties acknowledges and agrees that the laws of the State of California and the selection of venue in the foregoing city and county were freely chosen by the Parties.

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18. ENTIRE AGREEMENT. This Agreement and the documents incorporated herein by reference constitute the entire agreement between the parties relating to the South Shore Microtransit Service and may not be modified except by an instrument in writing signed by the signatories to this Agreement. If any provision, or portion thereof, of the Agreement is or becomes invalid under any applicable statute or rule of law, it shall be deemed stricken and the remainder of this Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, this Agreement has been executed by the parties and is dated and effective as of the date written above.

FOR CITY OF SOUTH LAKE TAHOE FOR SOUTH SHORE TRANSPORTATION

MANAGEMENT ASSOCIATION
Cristi Creegan Steve Teshara
Mayor Chair, SS/TMA Board of Directors
Date Date
Approved as to Form:

Heather Stroud, City Attorney
ATTEST:

Susan Blankenship, City Clerk Date
Attachments:

Exhibit A: SS/TMA Scope of Services
C-024-2023
Sue Blankenship (Feb 17, 2023 09:18 PST)
Feb 17, 2023
Heather Stroud ( Feb 17, 2023 09:39 PST)
Cristi Creegan (Feb 23, 2023 08:26 PST)
Cristi Creegan Steve Teshara ( Feb 24, 2023 11: 13 PST) Steve Teshara
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FUNDING AGREEEMNT
Annual Contribu? on
South Shore Transporta?on Management Associa? on (SS/TMA) South Shore Microtransit Service
Amendment #1
This Amendment #1 is made on November 21, 2023 to the Funding Agreement entered into as of February 14, 2023 (C-024-2023) by and between the South Shore Transporta?on Management Associa?on (“SS/TMA”) and the City of South Lake Tahoe (“City”). The par?es hereby agree to the following amended terms.

Sec? on 3 FUNDING is amended in its en?rety as follows:

The Funding Partner agrees to provide one payment of $50,000 for the months of June, July, August, and September 2023 payable to the South Shore Transporta?on Management Associa?on; $150,000 for the months of October 2023 through September 2024; and $500,000 for the months of December 2023 through September 2024. Beginning in December 2023 payments will be paid quarterly in advance of services, in equal amounts, payable to the South Shore Transporta?on Management Associa?on.

Exhibit A: SS/TMA Scope of Services
All provisions of Exhibit A remain in effect except as noted below.

Sec? on 1.4 SERVICE DAYS AND HOURS is amended in its en?rety as follows:

South Shore Microtransit Service Hours:

Sunday – Thursday: 7:00am-9:00pm
Friday - Saturday: 7:00am-11:00pm
Average wait ?mes shall be no more than 15 minutes. Riders should always be able to travel within proposed service area.
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Exhibit A: A? achment 1 is amended in its en?rety as follows:
(South Shore Micro Transit Service Area Expanded Zone 1) IN WITNESS WHEREOF, this Amendment has been executed by the par?s and is dated and effec?ve as of the date wri? en above.

FOR CITY OF SOUTH LAKE TAHOE FOR SOUTH SHORE TRANSPORTATION

MANAGEMENT ASSOCIATION
_________________________________ __________________________________ Cris? Creegan Steve Teshara
Mayor Chair, SS/TMA Board of Directors
____________________ ________________
Date Date
Approved as to Form:
____________________________________
Heather Stroud, City A? orney
ATTEST:
_____________________________________
Susan Blankenship, City Clerk
Zone 1
Expanded Zone 1
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Resolution 2023-XXX November 21, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe City Council
November 21, 2023
Appropriation of funds from General Fund Undesignated Excess Reserves for a 2023-2024 Funding Agreement Amendment 1 with the South Shore Transportation Management Association (SS/TMA) for Additional $500,000 Funding Contribution for South Shore Microtransit Service.

BACKGROUND
A. City Council originally appropriated $150,000 to partner with the South Shore Transportation Management Association (SS/TMA) for Microtransit Service on March 15, 2022 during the City Council’s Fiscal Year (FY) 21-22 mid-year budget adjustment. City Council subsequently approved an agreement with the SS/TMA on May 3, 2022.

B. Lake Link, a turnkey on-demand pilot microtransit service operated by Downtowner, LLC, formally launched in July 2022, with a soft launch late June 2022, and has seen a steady increase in ridership.

C. On February 14, 2023 City Council amended the original agreement to include an additional $50,000 for total annual funding of $200,000 through FY 2023/2024.

D. This item includes a City Council motion to approve an amendment to the agreement to include an additional $500,000 for expanded microtransit service area and hours in FY 2023/2024.

E. This funding agreement with the SS/TMA for microtransit Service continues to advance Goal 1.4 (Transportation) in the 2023-2028 Strategic Plan, by addressing Action Item 4: Partner with South Shore Transportation Management Association, Tahoe Transportation District, Tahoe Regional Planning Agency and other partners to identify new and existing funding sources to expand and electrify micro-transit service from its initial footprint to the entire city limits, as based on the 2022 South Shore Transportation Analysis.

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

1. Appropriates $500,000 from General Fund Undesignated Excess Reserves into account 100-01951-44032 Non-Departmental
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Resolution 2023-XXX November 21, 2023 Page 2 of 2
Contributions / Sponsorships for Fiscal Year 2023/2024 Funding Agreement Amendment 1 with SS/TMA.

Passed and adopted by the City of South Lake Tahoe City Council on November 21, 2023 by the following vote:

Yes:

No:

Absent:

Abstain:
_______________________________ ___________________
Cristi Creegan, Mayor Date:

Attest:

Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:19
Agenda Item: Draft City Charter
Executive Summary: The Ad Hoc Charter City Subcommittee (Mayor Pro Tem Bass and Councilmember Robbins) have drafted a city charter for City Council consideration. City Council is asked to authorize the Subcommittee to begin public outreach on the draft charter.

Requested Action / Suggested Motions: Pass a Motion authorizing the Ad Hoc Charter City Subcommittee to initiate public outreach on draft city charter.

Responsible Staff Member: Heather Stroud, City Attorney Joseph Irvin, City Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01 - Staff Report - Draft City Charter.docx
02 - Draft City Charter.docx
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Council Agenda Report- November 21, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Draft City Charter
Location: Citywide
Responsible Staff Members: Heather Stroud, City Attorney (530) 542-6046 Joseph Irvin, City Manager (530) 542-6000
Background:

At its meeting on September 26, 2023, City Council passed a motion (4-1, Wallace no) to direct staff to move forward in discussions with a polling firm to poll the public on a TOT increase of 2 percent for general fund and moving to charter city status with a focus on adding a real estate transfer tax, dependent on the ad hoc Charter City Subcommittee having a fully formed proposal that is ready to receive polling data. Accordingly, the Charter City Subcommittee (Mayor Pro Tem Bass and Councilmember Robbins) have drafted a city charter for City Council consideration, in advance of such polling. The Charter City Subcommittee is also recommending a marginal progressive real property transfer tax, which will be included in polling.

Issue and Discussion:

The City of South Lake Tahoe was incorporated as a general law city in 1965 for the purpose of having more local control over public services such as police, fire, and snow removal. All cities have the power of home rule under Article XI, Section 7 of the California Constitution, and general law cities may enact and enforce ordinances to advance the public health, safety, and welfare that are not in conflict with state law. Charter cities, on the other hand, may enact ordinances in conflict with state law in areas of “municipal affairs.” Charter cities are required to follow state law in matters of statewide concern.

The draft city charter, if approved by the voters of South Lake Tahoe, would establish home rule authority for the City to maintain local control to the maximum extent possible, subject only to limitations in the California Constitution and laws of the United States. The draft charter would maintain the Council-Manager form of government and the appointment of the City Manager and City Attorney by the City Council. The draft charter would maintain all current City ordinances, codes, and regulations unless later repealed or amended, and states that the City will continue to be governed by the general laws of the State of California unless a contrary ordinance is adopted by City Council regarding a matter that is a municipal affair. The draft charter specifically states that the City will continue to pay state prevailing wage on public works projects, will comply with state labor relations laws, and will comply with the state laws applicable to general law cities regarding elections. The two specific areas where the draft charter departs from the laws applicable to general law cities are: (1) authorization to impose a real property transfer tax above the current level authorized for general law cities; and (2) 487
Council Agenda Report- November 21, 2023 Page 2 of 2
authorization for City Council to establish standards, procedures, and rules and regulations related to the award and performance of the construction of public improvements.

If Council provides direction to move forward with the draft charter, the Charter City subcommittee will commence with stakeholder and public outreach on the draft charter. Polling will most likely commence concurrently, with a goal of returning to City Council in early 2024 for further direction. If the charter city process proceeds, prior to seeking voter approval, City Council must hold at least two public hearings at least 30 days apart. Gov. Code sec. 34458(b). At least 21 days after the second public hearing, the City Council may put the proposal to adopt a charter on the ballot at a statewide general election that is at least 88 days away. Working backwards from November 5, 2024, the Charter City Subcommittee would have to have the charter fully drafted and submitted to City Council by late April or early May to have time to hold the two public hearings and have a ballot placement item in time make the November 2024 election.

Financial Implications:

The transactional costs to become a charter city, including legal, administrative, staffing, and election costs should be considered. Costs may also be incurred to ensure appropriate public education and outreach. These costs are estimated to be $50,000 to $75,000. If the voters adopt a city charter with a marginal progressive real property transfer tax, it is estimated that it will raise approximately $4 million annually, dependent on the tax rate.

Environmental Considerations:

Receiving this report and providing direction to the City Attorney is not a project within the meaning of CEQA Guidelines sections 15378(b)(5) and 15061(b)(3) because it involves a potential organizational change that would not result in any direct or indirect change in the environment.

Policy Implications:

This action is consistent with 2023-2028 Strategic Plan, 5.4 (Local Control), Action Item 1 (Revisit whether City should pursue charter city status). 488
1 THE CHARTER OF SOUTH LAKE TAHOE CALIFORNIA

STATEMENT OF PURPOSE
The City of South Lake Tahoe was incorporated as a general law city in 1965 by residents seeking the right to manage local affairs. Since then, the authority of general law cities over local affairs has diminished. Furthermore, the State has continually added mandates for cities that require local resources to address State concerns, increased its control over local matters, and redirected much needed local revenue for its own purposes. Changes in State law have limited the ability of South Lake Tahoe to decide how to use local dollars for local needs. The power of home rule, granted by the California Constitution, makes available to charter cities a variety of tools to use to construct local policy and address local concerns. The voters of each charter city get to decide which tools to put in their tool box. With this Charter, South Lake Tahoe will reclaim more local autonomy and expand the economic and fiscal independence of our City government to promote the health, safety, and welfare of all its residents. Therefore, we do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of South Lake Tahoe.

ARTICLE I. - ESTABLISHMENT OF HOME RULE, POWER OVER MUNICIPAL AFFAIRS, GENERAL LAW POWERS
100. - Powers of the city.

The City of South Lake Tahoe (the "City") shall have full power and authority to adopt, make, exercise, and enforce all legislation, laws, ordinance, resolutions, and regulations with respect to municipal affairs, subject only to the limitations and restrictions imposed on that power by this Charter, the Constitution of the State of California, and the laws of the United States. 101. - Municipal affairs.

Municipal affairs encompass all matters of local concern as determined by the City Council consistent with the meaning of "municipal affairs" under the constitutional, statutory, and judicially defined law of the State of California. Each of the matters set forth in this Charter are declared to be municipal affairs, consistent with the laws of the State of California. The municipal affairs set forth in this Charter are not intended to be an exclusive list of municipal affairs over which the City Council may govern. The exercise of home rule over each matter set forth in this Charter uniquely benefits the residents of the City and addresses local concerns within the City.
102. - Powers under state law.
(a) In addition to the power and authority granted by this Charter and the Constitution of the State of California, the City shall have the power and authority to adopt, make, exercise, and enforce all legislation, laws, ordinances, resolutions, and regulations and to take all actions and to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted or prescribed by any law of the State of California or by any other lawful authority. In the event of any conflict between this Charter and the general laws of the State of California related to a municipal affair, this Charter shall control.
(b) Nothing in this Charter is intended to restrict the City in exercising any right, power or authority granted under the general laws of the State of California. However, the provisions of this Charter shall prevail in the event of any conflict with the general laws of the State of California, unless preempted by state law on matters of statewide concern. 489
2 ARTICLE II. - CONTINUATION OF BOUNDARIES, FORM OF GOVERNMENT, AND EXISTING LAW 200. - Incorporation and succession.

The City shall continue to be a municipal corporation known as the City of South Lake Tahoe. The boundaries of the City shall continue as established prior to this Charter taking effect until changed in the manner authorized by law. The City shall remain vested with and shall continue to own, have, possess, control, and enjoy all property rights and rights of action of every nature and description owned, had, possessed, controlled, or enjoyed by it at the time this Charter takes effect. The City shall be subject to all debts, obligations, and liabilities of the City at the time this Charter takes effect. 201. - Form of government.

The government of the City shall continue to be the Council-Manager form of government as established by the South Lake Tahoe City Code at the time that this Charter takes effect and by the laws of the State of California. The Council-Manager form of government of the City may be changed in the same ways and using the same procedures as a general law city. 202. - City council, city manager, and city attorney.
(a) The City Council shall establish the policy of the City. The City Manager shall carry out that policy.
(b) The City Council shall appoint the City Manager.
(c) The City Manager, as the chief administrative officer of the City, shall appoint all department heads other than the City Attorney. Involvement in administrative matters by the City Council or by any individual Councilmember shall occur only through the City Manager or pursuant to direction by the City Manager to members of the administrative
staff.
(d) The City Council shall appoint the City Attorney.
203. - Continuation of existing local laws.

All ordinances, codes, resolutions, regulations, rules, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, shall continue in force until repealed, amended, changed, or superseded in the manner provided by this Charter and any other applicable laws.
204. - General state laws.

Except as provided in this Charter and in any ordinance, code, resolution, or other law adopted by the City Council regarding a matter that is a municipal affair, the City shall be governed by the general laws of the State of California.

ARTICLE III. - MUNICIPAL REVENUE
300. - Revenue raising power.

The City may exercise all powers of a charter city to generate revenue, including but not limited to taxes, fees, assessments, and other charges.
301. - Real property transfer tax.

Without limiting the general power of the City, as expressed in Section 300 above, to generate revenue, the City may impose a tax on the conveyance of real property, based upon the price paid for the real property ("real property transfer tax"). Any real property transfer tax imposed by the City shall be in addition to any similar tax authorized by the general laws of the State of California. 490
3 ARTICLE IV. - PREVAILING WAGES FOR PUBLIC WORKS AND PUBLIC CONTRACTING 400. - State prevailing wage law.

The City shall comply with the laws of the State of California applicable to general law cities regarding the payment of prevailing wages for public works projects. 401. - Contracting for public works.

The City Council shall have the power to establish standards, procedures, rules or regulations related to the award and performance of contracts for the construction of public improvements. The City's laws, ordinances, codes, resolutions, and policies implementing State laws regarding contracting for public works shall continue to apply when this Charter takes effect and may be amended thereafter.

ARTICLE V. - LABOR RELATIONS
500. - State labor relations law.

The City shall comply with the laws of the State of California applicable to general law cities regarding labor relations. The City's laws, ordinances, codes, resolutions, and policies implementing State laws regarding labor relations shall continue to apply when this Charter takes effect and may be amended thereafter.

ARTICLE VI. - ELECTIONS
600. - State elections law.

The City shall comply with the laws of the State of California applicable to general law cities regarding elections. The City's laws, ordinances, codes, resolutions, and policies implementing State laws regarding elections shall continue to apply when this Charter takes effect and may be amended thereafter. 601. - Initiative, referendum, and recall.

Without limiting the general applicability of Section 600 of this Charter, the City shall comply with the laws of the State of California applicable to general law cities regarding initiative, referendum, and recall.

ARTICLE VII. - INTERPRETATION, SEVERABILITY, AND AMENDMENT 700. - Construction and interpretation.

The language of this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its power to govern with respect to any matter that is a municipal affair. Every reference in this Charter to state or federal law shall mean that law as it exists when this Charter takes effect or as it may thereafter be amended. 701. - Severability.

If any provision of this Charter should be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.
702. - Amendment of Charter.

As provided by state law, this Charter, and any of its provisions, may be amended by a majority vote of the electors voting on the question. Amendment or repeal may be proposed by initiative or by the City Council.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:20
Agenda Item: Update on the Multi-Family Dwelling (MFD) Inspection and Single Room Occupancy (SRO) Programs
Executive Summary: The Multi-Family Dwelling (MFD) Program, which applies to properties with six or more units, was adopted in November 2004. There 114 MFD properties containing a total of 1786 MFD units, with more properties graduating to the Exceptional MFD List. The Single Room Occupancy (SRO) program was created in 2015, with the intent of addressing a shortage of housing stock options. The SRO program has a total of 32 properties containing 526 SRO units. This is an update to City Council on the Multi-Family Dwelling (MFD) Inspection and Single Room Occupancy (SRO) Ordinance Programs.

Requested Action / Suggested Motions: Receive and file.

Responsible Staff Member: Lydia Zuniga, Associate Management Analyst Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff_Report_MFDSRO_20231121__1_.docx
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Council Agenda Report November 21, 2023 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Update on the Multi-Family Dwelling Inspection and Single Room Occupancy Programs Location: Citywide
Responsible Staff Member: Lydia Zuniga, Associate Management Analyst (530) 542-7417 Background: The City has two primary housing inspection programs directed to the effort of improving the condition of existing housing stock in the City. This report serves both as a historic overview of the Multi-Family Dwelling Inspection and Maintenance Program (MFD Program) and the Single-Room Occupancy Program (SRO) as well as to document the current status of the programs. Also included is a general summary of issues associated with the SRO program.

MFD Program
In November of 2004, the City Council passed the Multi-Family Dwelling Inspection & Maintenance Program Ordinance No. 948. This MFD Program, which is now adopted as Chapter

6.30 of the South Lake Tahoe City Code, established minimum health and safety standards and mandated annual housing inspections for certain multi-family rental properties. The intent was to improve the overall quality of the substandard multi-family rental housing stock.

Program Expansion and Operation
In 2007, the qualifying property size was dropped from (15) fifteen units or greater to (12) units or greater. A further expansion occurred in December of 2010 when the City Council approved a reduction to (8) units or more; including incentivizing properties that certified 3 consecutive years.

In October of 2013, the last expansion brought the number down to (6) units or more.

At its most fundamental level, the program is designed around a proactive annual inspection system to identify if properties meet the requirements for certification of compliance with the program. While the program seeks to identify and improve a wide variety of maintenance, health and safety and issues, the following list identifies the most common problems:

1. Missing or non-working Smoke and Carbon Monoxide Detectors.

2. Inadequate egress and exits.

3. Proper Weather Protection (doors, windows that don’t close property).

4. Working Electrical Outlets (Min 2 receptacles in each habitable room).

5. General dilapidation or improper maintenance, such as parking, debris, storage of combustibles, etc. etc.).
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Council Agenda Report November 21, 2023 Page 2 of 4
There are currently 114 multi-family properties in the MFD program, containing a total of 1786 dwelling units.
68 Exceptional Certified Properties 1182 Units
26 Certified Compliant Properties 194 Units
20 Properties are in different stages of
certification/inspections/rehab process
113 Units
In 2023, eight properties have achieved certification 3 years in a row and therefore were moved onto the Exceptional MFD List. The program has achieved significant success with property improvements continuing year after year which results in more properties achieving certification, and approximately 66% graduated to Exceptional MFD List.

Based on the upcoming 2024 inspection schedule, time and efforts from property owners, management companies and staff, it is anticipated that an additional 15 properties will achieve a third consecutive certification by the end of 2024. As such, those properties will be moved onto to the Exceptional MFD List. The program continues to make a difference in the quality of affected properties and therefore the quality of life for the tenants.

Single Room Occupancy Program
In 2012, the Development Services Department began efforts to bring forth a program intended to regulate the long-term use of hotels/motels. The SRO Ordinance was adopted at the June 16, 2015 City Council meeting. This Ordinance has been adopted into the South Lake Tahoe City Code Chapter 6, Article VIII, Section 6.15.670 and became effective on July 16, 2015. This Ordinance applies to hotels/motels that rent one or more rooms for long-term use, which is identified as thirty (30) days or more. The properties were required to register for the SRO Program no later than August 17, 2015. Certification of the of the property allows a hotel/motel to operate as long-term housing, while being exempt from paying Transient Occupancy Tax (TOT).

The SRO program operates in a very similar fashion to the MFD program in terms of requiring annual inspections. However, the SRO program is designed specifically to address the shortage of affordable housing options and the historic use of hotel/motels as housing options of last resort for low-income persons. The ordinance requires certain improvements to hotels/motels that do not meet minimum building, housing and property maintenance standards so as to provide safe, habitable rental units for low-income persons.

Currently there are 32 hotels/motels that have registered and certified for a total of 528 units.

Exceptional Units 59
Certified Units 143
Inspections/Corrections pending 21
Units Expired Permits 172
Units in plan submittal 51
No progress towards compliance 82
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Program Issues and Challenges
Staff recognizes that the transition from nightly transient hotel to a long-term has its challenges. A common and primary challenge is ensuring compliance with disabled access requirements of the American with Disabilities Act (ADA) Title III.

As the SRO Program enters its 8th year, staff has identified a list of primary issues encountered when enforcing the SRO ordinance:
 Overcrowded SRO units.
 Change Hands/Sales (owners flips the property very rapidly and they do the bare minimum to the property, and/or difficulties tracking down the new owners.  Water well concerns (the property must connect to city water. Environmental Health monitors water well issues/concerns).
 Plan submittal issues (once plan submittal has been approved and a permit is issued, sometimes the work does not match the plans during the inspection process. In addition, owners don’t call for a final and therefore, those permits expired).  Some property owners claimed they’ve suffered a financial hardship due to COVID-19 and Caldor Fire.

The purpose of this staff report is to provide an update to City Council regarding the operation of the MFD and SRO Programs. The programs provide an extremely valuable front-line and proactive mechanism to ensure quality housing for the residents of the City. The SRO Program in particular was designed specifically to address the shortage of decent, safe and sanitary affordable housing in the City. As more affordable housing becomes available through the completion of Sugar Pine and Village and other efforts underway, the City Council may wish to explore future modification to the SRO program.

Financial Implications: An annual fee in an amount of $99.00 per unit is assessed for all MFD and SRO units. The annual fee covers the operational costs of the periodic health and safety inspections. The annual service fee is collected at the same time as payment of the property’s business and professional tax. This report does not result in any modification to the programs or have any financial implications.

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

Policy Implications: The optimization of efforts to improve rental housing stock conditions is identified as Housing Action Item #5 in the City’s 2023-2028 Strategic Plan and is supported by the following policies and programs in the City’s adopted 2022-2027 Housing Element.

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.
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Council Agenda Report November 21, 2023 Page 4 of 4
Policy 2-5 The City recognizes 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.

Policy 3-2 The City shall continue to ensure that housing in the city is decent, safe and sanitary for its occupants.

Policy 3-3 The City shall support good property management practices, long-term maintenance, and improvements of existing housing through follow-up to complaints left on the Housing Issues Hotline and code enforcement activities.

Program 3-2 Multi-Family Dwelling and Single Room Occupancy Inspection and Maintenance Program
Program 3-9 Landlord/Tenant Matching Program
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:21
Agenda Item: Short Term Rental Enforcement
Executive Summary: At the City Council meeting on September 26, 2023, Councilmember Robbins requested an item come back to a future meeting to discuss vacation home rental (VHR) enforcement, especially as applied to advertising unpermitted VHRs, which was seconded by Mayor Creegan.

Pursuant to South Lake Tahoe City Code section 3.50.450(D), code enforcement staff issues citations for advertising unpermitted VHRs to the owner and/or agent, as defined in the code. Since the beginning of 2023, code enforcement staff has issued 145 total citations to VHRs, all of which are for operating a VHR without a permit.

Requested Action / Suggested Motions: Receive presentation.

Responsible Staff Member: Heather Stroud, City Attorney Maureen Stuhlman, Code Enforcement Investigator
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01 - Staff Report VHR Enforcement.docx
02 - Short Term Rental Enforcement Presentation.pptx
03 - VHR Ordinance.rtf
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Council Agenda Report- November 21, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 21, 2023
Title: Short Term Rental Enforcement
Location: “Citywide”
Responsible Staff Members: Heather Stroud, City Attorney (530) 542-6046; Maureen Stuhlman, Code Enforcement Investigator (530) 542-6071
Background: At the City Council meeting on September 26, 2023, Councilmember Robbins requested an item come back to a future meeting to discuss vacation home rental (VHR) enforcement, especially as applied to advertising unpermitted VHRs, which was seconded by Mayor Creegan.

Issue and Discussion: In early 2023, the City entered into a new contract with Deckard for use of its Rentalscape software to identify unpermitted VHRs through on-line platforms.

Rentalscape has proven to be a useful tool. The City’s Code Enforcement Investigator will give a presentation on the City’s VHR enforcement and how unpermitted VHRs are identified and cited.

Advertising an unpermitted VHR is a violation of the City Code under Section 3.50.380(B). Article V (Vacation Home Rentals) of Chapter 3.50 (Transient Lodging) of the South Lake Tahoe City Code, as modified by citizens initiative Measure T, sets forth the City’s regulations regarding VHR enforcement. Specifically, Section 3.50.450(D) (Enforcement) states: “Owner(s) or their agent(s) found operating a VHR without a permit after the expiration date (December 31, 2021) shall be fined a minimum of $1,000 per violation.” (Emphasis added.) Under Section 3.50.070 (Definitions), “owner” is defined as “the person(s) or entity(ies) that hold legal or equitable title to a dwelling, and “agent” is defined as “a person engaged or appointed by an owner to represent and act on behalf of an owner (as defined in these definitions) as to act as an operator, manager and/or local contact person of a dwelling used or to be used as a short-term rental unit or short-term rental property and designated as such by the owner.” Accordingly, it has been the practice of code enforcement staff to issue citations for advertising unpermitted VHRs to the owner and/or agent, and not to the rental platforms such as Airbnb.

Since the beginning of 2023, code enforcement staff has issued 145 total citations to VHRs, all of which are for operating a VHR without a permit. Additionally, $46,977 of transient occupancy tax has been collected from unpermitted VHRs within this timeframe. Since the implementation of Measure T phased out VHRs in residentially zoned areas at the end of 2021, code enforcement staff has received few complaints and issued few citations for nuisance-type violations such as noise, parking, and hot tub issues. Most of the enforcement is now focused on unpermitted VHRs. 498
Council Agenda Report- November 21, 2023 Page 2 of 2
Because the VHR provisions in the City Code were modified by Measure T, they cannot be amended without another ballot measure. One option for increased enforcement without another ballot measure, should Council desire, would be to bring back a resolution to raise the amount of the citation amount charged to owners and agents for operating an unpermitted VHR. In September 2021, the Governor signed Senate Bill 60, which amended Government Code section 36900 to authorize the legislative body of a city or county to establish fines in the following amount for violation of a short-term rental ordinance: $1,500 for a first violation; $3,000 for a second violation of the same ordinance within one year; and $5,000 for each additional violation of the same ordinance within one year of the first violation. Should Council provide direction to do so, staff will bring a resolution back at a future meeting to make this change.

Financial Implications: Increasing the citation amount for unpermitted VHRs would result in increased revenue from citations in an uncertain amount.

Environmental Considerations: Receiving this report and providing direction regarding short term rental enforcement is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (general policy and procedure making).

Policy Implications: Receiving this report is generally consistent with 2023-2028 Strategic Plan Strategic Priority 1.3 (Housing) by ensuring effective enforcement of short term rental regulations involving residential units.
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City Council
November 21, 2023
1 SHORT TERM RENTAL ENFORCEMENT
500

SHORT TERM RENTAL ENFORCEMENT
2 Code Enforcement - CSO - PD
Assisted by Rentalscape Software
By Deckard
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SHORT TERM RENTAL ENFORCEMENT
3 Types of Short Term Rentals the City enforces include:
• VHRs
• Hosted Rentals
• QVHRs
Many other properties advertise their short term rentals on online booking sites:
• Small Hotel/Motel
• Timeshares/Fractional
Those same booking sites (like VRBO or Airbnb or TripAdvisor, etc.) also host ads for long term rentals, such as our 30+ day furnished rentals:
• Single family homes
• Condos/Townhouses
• Apartments
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SHORT TERM RENTAL ENFORCEMENT
4 cityofslt.us/1161/VHRsin-Non-Residential-Areas
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SHORT TERM RENTAL ENFORCEMENT
5 4 Enforcement triggers:
• Already on our radar with due date follow ups for ads/drive-bys • Disturbance or trash in person response that might indicate possible short term renter • Reports from staff, the public, VHR agents, HOA, etc. for ads or suspected short term rental
• Rentalscape - identifies ads, addresses and if permitted • Also identifies dates of occupancy
• Approximate revenue
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SHORT TERM RENTAL ENFORCEMENT
6 505

SHORT TERM RENTAL ENFORCEMENT
7 506

SHORT TERM RENTAL ENFORCEMENT
8 507

SHORT TERM RENTAL ENFORCEMENT
9 What to do:

If there is a Short Term Rental Disturbance:
(Large, Loud, 10pm – 8am) - Call the non-emergency Police Dispatch: 530 542-6100 (Trash) – Call Clean Tahoe (M-F), 8am – 2:30pm 5300 544- 4210 (Hot Tub 10pm – 8am) email code enforcement at [email protected] (7 days per week) If a Suspected Unpermitted Short Term Rental (STR):

Check the City Website Map: https://www.cityofslt.us/1161/VHRs-in-Non-Residential-Areas Email our CSOs (7 days per week): [email protected]. Please provide all information such as online ad link, property address, name and date of occupancy if available. 508

SHORT TERM RENTAL ENFORCEMENT
10 What we do:

If a Disturbance: Police, Clean Tahoe, CSO respond onsite as soon as available.

If a Suspected Unpermitted: Code Enforcement/CSO researches using the tools described. We use:
• History of property
• Online availability for short term stay, reviews
• If non-compliant, citation issued, sent to owner via certified mail • We then monitor when mail delivered, if ads removed
• If ads remain, additional citations continue
• TOT that would have been due is pursued
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QUESTIONS?
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The South Lake Tahoe City Code is current through Ordinance 1175, passed September 8, 2023.

Article V. Vacation Home Rentals

3.50.370 Definitions.
“Agent” shall mean a person engaged or appointed by an owner to represent and act on behalf of an owner (as defined in these definitions) and to act as an operator, manager and/or local contact person of a dwelling used or to be used as a short-term rental unit or short-term rental property and designated as such by the owner.
“Bear box” shall mean a locked container affixed to the ground which is utilized for the storage of trash and is designed to prevent access to its contents by wildlife. “Condominium” shall mean a dwelling unit in a residential development that is under a legal arrangement specifying that the unit is individually owned but the common areas are owned, controlled, and maintained through an organization consisting of all individual owners. “Director of development services” shall mean the city’s director of development services or his/her designee. In the event the director of development services position is vacant or ceases to exist, “director of development services” shall mean the city manager or his/her designee. “Dwelling” shall mean a building, or portion thereof, designed exclusively for residential purposes, including single-family and multifamily dwellings, condominiums, and timeshares but not including hotels, motels, boardinghouses and lodging houses. “Dwelling” shall also mean a dwelling unit on the same parcel as a legally established single-family dwelling that has its own complete independent living accommodations and facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. “Multifamily dwelling” shall mean a dwelling in which multiple separate housing units for residential inhabitants are contained within one building or several buildings within one complex.
“Effective date” is defined as the date of passage by the voters. “Expiration date” is defined as December 31, 2021.
“Guest house” is a separate living space, with or without cooking facilities, on the same parcel as a legally established single-family dwelling.

Homeowners Property Tax Exemption. The California Constitution provides for the exemption of $7,000 in assessed value from the property tax assessment of any property owned and occupied as the owner’s principal place of residence under said exemption. (Article XIII Section 3 of the California Constitution, California Revenue and Taxation Code Section 218).
“Occupant” shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight. “Operator” shall mean the owner or the designated agent of the owner who is responsible for compliance with this chapter.
“Owner” shall mean the person(s) or entity(ies) that hold legal or equitable title to a dwelling. “Pending application” shall mean a complete application for a vacation home rental permit filed with the development services director that has not been approved or denied by the city prior to December 21, 2017.
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The South Lake Tahoe City Code is current through Ordinance 1175, passed September 8, 2023. “Permanent resident” is defined as a person who deems his or her dwelling to be their principal place of residency and resides in said residence for the majority of the year, in the city of South Lake Tahoe, and provides proof of a “homeowners property tax exemption” for the subject residence. “Qualified vacation home rental” is described as any dwelling located within a residential zone, whose owner is a permanent resident of the city of South Lake Tahoe, residing in said dwelling for the majority of the year. Said owner shall be entitled to vacation rent the entire dwelling for up to 30 (consecutive or nonconsecutive) days total per one year permit period.
“Renewal application” shall mean an application for a renewed vacation home rental permit which application may be submitted by the vacation home rental applicant. “Rent” shall have that definition set forth in SLTCC 3.00.010. “Residential zones, commercial zones and the tourist core area” are delineated in CSLT 2017 Plan Area Map.
“Vacation home rental” shall mean the rent or rental of an entire dwelling, by the owner or operator to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than 30 consecutive calendar days. The rental of units within city-approved hotels, motels, and bed and breakfasts shall not be considered to be vacation home rentals. “Vacation home rental applicant” shall mean the person(s) or entity(ies) who apply for a vacation home rental permit by submitting and signing a vacation home rental application. A vacation home rental applicant may be an owner(s) of the dwelling unit, an agent(s), or another authorized representative(s) of an owner of the dwelling unit.
“Vacation home rental permit” shall mean a permit issued to the property owner and pursuant to the provisions of this chapter that allows the use of a dwelling as a short-term rental. “Vacation home rental property” shall mean a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the county of El Dorado, upon which a vacation home rental(s) is (are) maintained. “Vacation home rental property” includes the premises upon which a vacation home rental is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and paddleboard courts, and other similar and related improvements.
“Vacation home rental waitlist” shall mean when the number of permits issued by the city exceeds the cap, the development services department will accept applications to be placed on a list to be used when permits for issuance become available. (Ord. 1114 § 3; Measure T*, passed at November 6, 2018 election)
* Code reviser’s note: The text of the citizen initiative amending this section (Measure T, passed at the November 6, 2018 election) adds definitions to Section 3.50.070. These have been added to Section

3.50.370, the intended definitions section concerning vacation home rentals.

3.50.380 Vacation home rentals – General provisions.

A. Vacation Home Rentals Allowed. Subject to the provisions of this article, vacation home rentals shall be permitted within the city.

B. Vacation Home Rental Permit Required to Operate. It shall be unlawful for any person or entity to rent, maintain, facilitate, advertise or list a dwelling unit as a short term rental without a valid vacation home rental permit issued pursuant to this article.
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South Lake Tahoe City Code Page 3/11
The South Lake Tahoe City Code is current through Ordinance 1175, passed September 8, 2023.

C. Vacation Home Rental Permits Nontransferable.

1. Permit – Site Specific. It shall be unlawful for any person to give, grant or otherwise transfer a vacation home rental permit from one dwelling unit to another.

2. Transfer of Permits Prohibited. All permits issued by the city pursuant to this article shall be nontransferable to a different person or entity to whom said permit was issued. (a) Notwithstanding subsection (C)(2) of this section, a permit may be transferred from one owner of a vacation home rental to another owner of the vacation home rental as long as the transferee was an owner of the vacation home rental at the time the vacation home rental application was submitted to the city.

3. Upon any change of ownership of a vacation home rental property, an initial vacation home rental application shall be submitted pursuant to SLTCC 3.50.390(A).

D. Multifamily Dwellings.

1. It shall be unlawful to rent, lease, use or operate a multifamily dwelling as a vacation home rental.

2. Notwithstanding subsection (D)(1) of this section, owners of multifamily dwelling units with a valid vacation home rental permit on September 1, 2016, may continue to apply for a renewed vacation home rental permit for said multifamily dwelling and will be issued or denied a renewal permit based on the criteria of SLTCC 3.50.410.

3. Owners of a multifamily dwelling unit with a valid vacation home rental permit on the effective date of the initiative codified in this section shall continue to be eligible for renewal of said multifamily dwelling permit. A renewal permit will be issued or denied based on the criteria in SLTCC 3.50.410. All multifamily dwelling unit permits will be discontinued on the expiration date of their permit in the year 2021.

E. Agency. An owner may retain an agent, local representative or local contact person to comply with the requirements of this article, including, without limitation, the filing of an application for a vacation home rental permit, the management of the vacation home rental and the compliance with the conditions of the permit. The owner of the vacation home rental is responsible for compliance with the provisions of this article and the failure of an agent, representative, or local contact person to comply with this article shall not relieve the owner of his/her obligations as set forth in this article.

F. Repealed by Measure T.

G. Taxes.

1. Business and professions taxes, as set forth in Chapter 3.35 SLTCC, shall be assessed for vacation home rentals.

2. Transient occupancy tax shall be assessed for vacation home rentals.

H. Permits and Fees Not Exclusive. Permits and fees required by this article shall be in addition to any license, permit or fee required under any provision of the city code. The issuance of any permit pursuant to this article shall not relieve the owner or operator of the vacation home rental from his/her obligation to comply with all other provisions of the city code pertaining to use and occupancy of the vacation home rental.
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South Lake Tahoe City Code Page 4/11
The South Lake Tahoe City Code is current through Ordinance 1175, passed September 8, 2023.

I. Pending Applications. Pending applications shall be reviewed under the provisions of this article.

Applicants of pending applications shall have no right, entitlement, or expectation of issuance of a vacation home rental permit. (Ord. 1114 § 3; Measure T, passed at November 6, 2018 election)

3.50.390 Vacation home rental application procedures.

A. Initial Applications.

1. All persons or entities interested in operating a vacation home rental may submit a vacation home rental application along with the application fee in an amount set forth in the city’s master fee schedule.

2. It shall be the applicant’s responsibility to provide all information and materials required to comply with the vacation home rental application submittal requirements.

3. The filing date of the vacation home rental application shall be the date when the director of development services officially receives the last submission of information or materials required by subsection (B) of this section and the application is deemed complete. If the director of development services determines an application submittal is incomplete, a vacation home rental applicant shall be notified of such incompleteness within 30 calendar days of receipt of the vacation home rental application by the development services department. If the director of development services does not receive a complete application within the additional 30 days, he/she shall no longer consider that application and instead, he/she shall continue to review applications on the VHR waitlist.

4. All vacation home rental applications which have been deemed complete by the director of development services shall be placed on the South Lake Tahoe vacation home rental waitlist (“VHR waitlist”) in the order of the application’s filing date. Vacation home rental applications shall only be reviewed by the development services director in the order of ranking as established by the VHR waitlist.

5. Where vacation home rental permits are available subject to SLTCC 3.50.380(F), applications on the VHR waitlist shall be considered on a quarterly basis by the director of development services in the order of ranking as established by the VHR waitlist. Once a vacation home rental permit becomes available and the application is deemed complete, the director of development services shall conduct an inspection of the vacation home rental within 14 days. Vacation home rental applicants shall have 45 days to make all changes and improvements to the vacation home rental which are required by the city pursuant to the inspection. If the vacation home rental applicant fails to make all changes and improvements to the vacation home rental within 45 days of the inspection, said applicant’s vacation home rental application shall be placed on the bottom of the VHR waitlist.

6. The director of development services shall continue to review applications and inspect vacation home rental properties until all applications on the VHR waitlist have been reviewed or until the city can issue no further vacation home rental permits based on SLTCC 3.50.380(F).

7. Inspections.
(a) The director of development services shall inspect all dwelling units prior to issuing a vacation home rental permit for said dwelling unit.
(b) Vacation home rental permit applicants may be required to make improvements or changes to the proposed vacation home rental property in order to ensure that the proposed vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property and that no health and 514
South Lake Tahoe City Code Page 5/11
The South Lake Tahoe City Code is current through Ordinance 1175, passed September 8, 2023. safety violations which threaten the well-being of guests, neighbors or the community are present at the vacation home rental property.
(c) Notwithstanding subsections (A)(7)(a) and (b) of this section, inspections shall not be required for VHR renewal applications.
(d) Notwithstanding subsections (A)(7)(a) and (b) of this section, inspections shall not be required for vacation home rentals located in the tourist core area plan. (e) Notwithstanding subsections (A)(7)(a) and (b) of this section, inspections shall not be required for timeshares.

B. Vacation Home Rental Application and Renewal Application Filing Requirements.

1. Vacation home rental applications and renewal applications shall be submitted on forms provided by the city and shall include, but not be limited to, the following information:
(a) Owner(s) name(s).
(b) Local contact information, management agency contact information or authorized representative contact information.
(c) Square footage of home.
(d) Owner mailing address.
(e) Proposed vacation home rental address and assessor’s parcel number. (f) Vacation home rental permit number, if existing vacation home rental. (g) Maximum occupancy of vacation home rental.
(h) Number of paved parking spaces on the vacation home rental property. (i) Identification of outdoor hot tub, if any.
(j) Local contact number with 24-hour availability for reporting violations.

2. Vacation home rental applications and renewal applications filed by agents, representatives, or authorized representatives of the owner of the vacation home rental property shall include a declaration that such application is being made with the consent of the vacation home rental owner.

3. Vacation home rental applications and renewal applications shall be accompanied by a declaration that any and all applicable covenants, conditions and restrictions are consistent with and would not prohibit issuance of a vacation home rental permit for the proposed property.

4. The vacation home rental application and renewal application shall be accompanied by an application fee in an amount set forth by separate resolution of the city council which amount is calculated to recover the city’s full cost of reviewing, issuing and administering said permit.

5. If a renewal application is denied, and the applicant wishes to operate a vacation home rental, he/she must initiate a vacation home rental application by filing an initial application and complying with the procedures of subsection (A) of this section. (Ord. 1114 § 3) 515
South Lake Tahoe City Code Page 6/11
The South Lake Tahoe City Code is current through Ordinance 1175, passed September 8, 2023.

3.50.400 Expiration and renewal of vacation home rental permits.

A. Vacation home rental permits shall expire one year after their issuance.

B. Vacation home rental permits must be renewed on an annual basis prior to expiration by filing with the director of development services a renewal application and a renewal fee.

C. If a timely renewal application is filed, the vacation home rental permit shall not expire until the date that the director of development services approves or denies the renewal application. If a timely renewal application is not filed, the vacation home rental permit shall expire and shall be considered null and void.

D. A renewal application shall be subject to all filing requirements set forth in SLTCC 3.50.390(B).

E. The director of development services shall issue or deny a renewal application in accordance with the provisions of SLTCC 3.50.410(C). (Ord. 1114 § 3)

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

A. Vacation home rental permits shall only be issued to the owner(s) of the vacation home rental property.

B. Criteria for Issuance – Initial Application. The director of development services shall issue a vacation home rental permit where he/she makes all of the following findings:

1. The vacation home rental application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).

2. Inspection of the vacation home rental property has shown that the proposed vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property and that no health and safety violations which threaten the wellbeing of guests, neighbors or the community are present at the vacation home rental property.

3. Neither the vacation home rental property nor the vacation home rental applicant has received three or more upheld citations within any three events and/or calls for service for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.

4. The vacation home rental property contains sufficient paved parking spaces to accommodate the maximum number of occupants. All required parking shall be constructed on the vacation home rental property prior to operation as a vacation home rental.

5. On the effective date, the VHR cap of 1,400 is eliminated. a. Vacation home rentals of real property will continue to be permitted in commercial zones or the tourist core area of the city of South Lake Tahoe.

C. Criteria for Issuance – Renewal Application. The director of development services shall issue a renewed vacation home rental permit where he/she makes all of the following findings:

1. The renewal application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).

2. There have not been three or more upheld citations issued for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month 516
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3. The vacation home rental permit has not lapsed, expired, been revoked, or suspended.

4. The vacation home rental is current on transient occupancy taxes and has paid all said taxes to the city in full by the date upon which said taxes became due.

5. The vacation home rental permit has not been transferred to another person, entity, or property.

D. Criteria for Denial. Vacation home rental permits shall not be issued or renewed where the director of development services confirms that one or more of the criteria for issuance set forth in subsections (B) and (C) of this section have not been met. If the director of development services denies the vacation home rental application or renewal application, he or she shall specify in writing the reasons for the denial and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to SLTCC 3.50.430.

E. Any vacation home rental permit that is current on the effective date, issued to any property owner(s) by the city of South Lake Tahoe for a vacation home rental in a residential zone, shall continue in force and be eligible for renewal until the permit’s expiration date in the year 2021.

No new or additional vacation rental permits will be issued to a nonqualified property owner after the effective date of the initiative codified in this section.

All existing permits, except qualified VHR permits, will be discontinued by the expiration date, December 31, 2021, unless the permit is revoked prior to December 31, 2021 under provisions in SLTCC

3.50.420.

F. Qualified Vacation Home Rental Permit. An owner who is a permanent resident of the city of South Lake Tahoe, and whose dwelling is located in a residential zone in the city of South Lake Tahoe and who resides in said dwelling for the majority of the year, shall be entitled to rent the entire dwelling for up to 30 (consecutive or nonconsecutive) days total per one-year permit period.

1. This use shall be limited to only the owner-occupied dwelling unit or one guest house on the same parcel.

2. A vacation rental permit for this type of qualified vacation rental use shall be required and can be applied for at any time after the effective date.

3. The owner must provide proof of a homeowners property tax exemption for the subject property.

4. These permits are eligible for renewal beyond December 31, 2021.

5. A permit fee will be required along with the collection of transient occupancy tax (TOT). (Ord. 1114 § 3; Ord. 1120 § 3; Measure T, passed at November 6, 2018 election)

3.50.420 Revocation of vacation home rental permit.

A. A vacation home rental permit issued under the terms of this article shall be revoked by the director of development services at any time if he or she concludes any of the following:

1. The vacation home rental is not current on transient occupancy taxes and has not paid all said taxes to the city in full by the date upon which said taxes became due. 517
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2. There have been three or more upheld citations for violations of the city code which citations were issued during three separate events and/or calls for service for violations of the city code at the vacation home service within any 24-month period. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.

3. The vacation home rental applicant has submitted a vacation home rental application containing a material misrepresentation or omission of a material fact.

4. There has been a transfer or an attempt to transfer a vacation home rental permit to another person, entity or property.

B. A vacation home rental permit suspended or revoked pursuant to this section shall be deemed to be expired and shall no longer authorize the operation of a vacation home rental. (Ord. 1114 § 3; Ord. 1120 § 3)

3.50.430 Appeal from director of development services’ determination.

An applicant or any interested party who disagrees with the director of development services’ decision to issue, deny, revoke, or suspend a vacation home rental permit may appeal that decision to the planning commission in accordance with the appeal provisions of Chapter 2.35 SLTCC. (Ord. 1114 § 3)

3.50.440 Conditions of operation.

All vacation home rentals shall be operated, maintained and managed on a day-to-day basis in compliance with the following operational conditions and requirements. Violation of any of the below conditions of operations shall subject the owner to citation in accordance with SLTCC 3.50.450. Violation of conditions of operation set forth in subsections (A), (C), (H), (K), (L), (O) and (Q) of this section shall subject any occupant found violating such condition to citation in accordance with SLTCC 3.50.450.

A. Occupancy of all VHRs in residential zones shall be calculated by multiplying the number of bedrooms by two. The maximum occupancy for any vacation rental is 12. The number of on-site paved parking spaces required equals one per four occupants. The voluntary reduction of occupancy in order to reduce fees is not permitted.

B. Each parking space required for a vacation home rental permit shall remain available for vacation home rental occupants. Each parking space shall be no less than nine feet wide and 19 feet long.

C. Commercial Activity Prohibited. Vacation home rentals shall not be used for commercial activities, including, but not limited to, weddings, receptions and large parties. All occupants of the vacation home rental shall be notified of the prohibition against commercial activities prior to the reservation, rental, or lease of a vacation home rental.

D. The owner of the vacation home rental shall be responsible for compliance with all provisions of the South Lake Tahoe City Code.

E. The owner of the vacation home rental shall post a copy of the permit and a copy of the conditions set forth in this section in a conspicuous place within the vacation home rental property.

F. All marketing and advertising of the vacation home rental shall include the vacation home rental permit number issued by the city.

G. The owner shall agree to and authorize the city to enter the vacation home rental for the purpose of inspections when the city has received complaints of substandard housing conditions and/or has been made aware of substandard housing conditions.
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H. Use of all outdoor spas or hot tubs shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m.

I. Interior Signage. Vacation home rentals shall have a clearly visible and legible notice posted on or directly adjacent to the inside of the front door, containing the following information:

1. The name of the managing agency, authorized representative, property manager, or local contact person, and a telephone number enabled for text messaging at which that person may be reached on a 24-hour basis. Any change in this contact person’s address or telephone number shall be promptly furnished to the city development services department;

2. The maximum number of occupants for the vacation home rental;

3. The maximum number of vehicles permitted to be parked on the vacation home rental property;

4. The parking rules for seasonal snow removal;

5. The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property except in a bear box;

6. Notification that an occupant may be cited and fined for creating a disturbance or for violating any provision(s) of this article; and

7. Notification that failure to conform to the parking and occupancy limits of the vacation home rental is a violation of this article.

J. Exterior Signage. Vacation home rentals shall have a clearly visible and legible exterior sign, posted in a location which is visible from the adjacent right-of-way, containing the following information:

1. The name of the managing agency, authorized representative, property manager, local contact person or owner of the vacation home rental, and a telephone number at which that party may be reached on a 24-hour basis;

2. The maximum number of occupants for the vacation home rental;

3. The maximum number of vehicles permitted to be parked on the vacation home rental property;

4. The telephone number of the police department vacation home rental hotline, and the police department’s email address;

5. This section of the South Lake Tahoe City Code.

K. Parking. Occupants of vacation home rentals shall not park on areas of the vacation home rental property not designated as parking spaces.

L. Noise. In addition to all noise standards set forth in the city code and TRPA Code, the use of any equipment generating noise and the use of outdoor amplified music, speakers or other amplified equipment is prohibited between the hours of 10:00 p.m. and 8:00 a.m.

M. Emergency lighting (which may consist of plug-in or permanently installed systems) shall be installed, maintained and functional within the home at all times.

N. Any lights used to illuminate a vacation home rental property shall be designed so as to not spray onto adjoining properties and adjacent rights-of-way.
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O. Parking of commercial vehicle(s) on vacation home rental property, except temporarily for durations of less than four hours, shall be prohibited.

P. Records of every night for which the vacation home rental is rented, including the name and contact information of the occupant who has arranged to rent the vacation home rental, the rental rate, the number of occupants per night, and the number of vehicles, shall be maintained for a minimum period of three years before such records are discarded or destroyed. Such records shall be made available to the city within 15 business days upon written request from the city.

Q. Camping and sleeping in tents, travel trailers, campers or recreational vehicles shall not be permitted on the vacation home rental property.

R. Trash. Bear boxes shall be installed on the vacation home rental property and all trash shall be disposed of in said bear boxes. All bear boxes shall remain functional and maintained so as to ensure that wildlife cannot access trash. The requirements of this subsection shall not apply to any person whose vacation home rental is within a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq.; provided, that the board of directors of the association governing the common interest development has implemented rules or regulations requiring and enforcing the regular disposal of trash within such common interest development.

1. Table 1 of this subsection establishes the number of trash cans within bear boxes required of vacation home rental properties.

Table 1. Minimum Number of Trash Cans within Bear Box
Size of Home Number of Trash
Cans
Less than 2,500 square
feet
2 2,500 – 3,500 square
feet
3 Greater than 3,500
square feet
4 2. Vacation home rental owners and operators shall arrange for the necessary level of trash pick-up, drop-off, or other trash removal from the property so as to ensure that no trash is left on the street, exterior of the dwelling unit, or the right-of-way.

3. All required bear boxes shall be installed by July 31, 2018.

S. Owner or authorized agent shall include the vacation home rental permit number on all contracts, rental agreements, and in any advertising or websites depicting the vacation home rental.

T. Transient Occupancy Tax.

1. The owner of the vacation home rental shall remit all transient occupancy tax payments and comply with Article II of this chapter. (Ord. 1114 § 3; Ord. 1120 § 3; Measure T, passed at November 6, 2018 election)
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3.50.450 Enforcement.

A. Any use or condition caused or permitted to exist in violation of any provision of this article shall be and hereby is declared a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or any other remedy available to the city.

B. Any use or condition caused or permitted to exist in violation of any provision of this article shall be subject to citation in an amount set forth by separate resolution of the city council.

C. Where an owner or agent of the vacation home rental reports a violation of any provision of this article which violation was caused or permitted to exist by the vacation home rental occupants, the city shall not issue a citation to said vacation home rental owner, and shall only issue a citation, where warranted, to the occupants.

D. Owner(s) or their agent(s) found operating a VHR without a permit after the expiration date (December 31, 2021) shall be fined a minimum of $1,000 per violation. (Ord. 1114 § 3; Measure T, passed at November 6, 2018 election)

3.50.460 No property rights conferred.

Vacation home rental permits shall not be construed as providing property rights or vested interests and entitlements in continued operation of a vacation home rental. Vacation home rental permits are revocable licenses which expire annually. Vacation home rental permits shall not run with the land. (Ord. 1114 § 3) 521
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: November 21,
2023
Agenda Item #:22
Agenda Item: 2024 City Council Meeting Schedule
Executive Summary: City Council will consider the adoption of the 2024 regular meeting schedule. In drafting the 2024 calendar, consideration was given to school holidays and providing a life-work balance for staff. The proposed 2024 meeting schedule includes a total of ninteen meetings, including a Budget Workshop. Of these ninteen meetings, nine will be held at 9 a.m. and ten will be held at 5:30 p.m.

South Lake Tahoe City CouncilNovember 21, 2023

South Lake Tahoe City Council
November 21, 2023