The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.
The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.
ARTICLE 37: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.
ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.
ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.
ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.
ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that DocuSign Envelope ID: 049A0F79-D181-4690-98AF-6542CBAB8495 129 501
maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.
These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.
ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.
For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.
ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.
ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.
DocuSign Envelope ID: 049A0F79-D181-4690-98AF-6542CBAB8495 130 502
ARTICLE 47: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.
ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision.
ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.
ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.
ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406.
Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding DocuSign Envelope ID: 049A0F79-D181-4690-98AF-6542CBAB8495 131 503
agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant.
ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS
In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements.
SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:
Golden State Fire Apparatus, Inc.
Signature $docusign:SignHere::Customer1
Name Ryan Wright
Title President
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSigner
DocuSign Envelope ID: 049A0F79-D181-4690-98AF-6542CBAB8495 12/11/2023 12/12/2023
132 504
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 9, 2024
Agenda Item #:4
Agenda Item: Memorandum of Understanding (MOU) with the Police Employees' Association Executive Summary: The attached resolution approves a Memorandum of Understanding (MOU) with the Police Employees' Association. This MOU will be effective from October 1, 2023, to September 30, 2026, and will include implementation of the City Classification & Compensation study, bringing classifications under market median to market median. in some cases, salary adjustments were made to address recruitment and retention issues. The MOU also includes 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.
The Police Employees' Association has agreed to eliminate their 401a matching benefit, which will be rolled back into their base hourly rate. The MOU offers a benefits package with reduced rates for both employees and the City while maintaining city-sponsored options. Lastly, there are minor "clean-up" provisions included in the MOU.
Requested Action / Suggested Motions: Pass a Resolution approving MOU with the Police Employees' Association.
Responsible Staff Member: Ember Buckman, CGHR-CP, Human Resources Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - South Lake Tahoe Police Employees Association MOU.docx 02-Resolution Police Employees' Association MOU.docx
03 -SLTPEA MOU 2023-2026 (EXH A to Reso).pdf
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Council Agenda Report January 9, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
January 9, 2024
Title: Police Employees' Association Labor Agreement
Location: Citywide
Responsible Staff Member: Ember Buckman CGHR-CP, Human Resources Manager (530) 542-6050
Background: In accordance with the provisions of the Meyers-Milias-Brown Act (MMBA), the City has met and conferred in good faith with employees represented by the City's Police Employees’ bargaining unit.
The City Council of the City of South Lake Tahoe and Police Employees' Association 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 (MOU) and requires approval of updated Memoranda of Understanding for the bargaining unit.
The previous MOU for Police Employees' Association was effective from January 1, 2021 through September 30, 2023.
The proposed changes to the existing MOU is consistent with instructions provided by the South Lake Tahoe City Council during the meet and confer process with the City's Labor Negotiator. The Association 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 the new Memoranda of Understanding (MOU) with Police Employees' Association.
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 Association demonstrates good faith bargaining by the City of South Lake Tahoe.
For Police Employees’ Association:
1. Term of agreement: October 1, 2023 through September 30, 2026
2. Salary Increase:
Implementation of City Classification and Compensation study. Bringing classifications under market median less than one percent to market median with a one year implementation.
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Council Agenda Report January 9, 2024 Page 2 of 3
3. COLA’s
4.2% salary increase October 1, 2023
1%-4% COLA (based on April CPI SF/Oakland Hayward) effective October 1, 2024 1%-4% COLA (based on April CPI SF/Oakland Hayward) effective October 1, 2025
4. Recruitment and Retention Adjustments:
Due to difficulty recruiting and retaining Public Safety Dispatchers, the classification of Public Safety Dispatcher will receive an increase of 17.24%. This will bring the Public Safety Dispatcher classification to the same salary schedule as the Sr. Property Evidence Technician classification.
5. Hazard Premium – Employees in the Property Evidence Technician/Sr. Property Evidence Technician classification shall be compensated an additional 5% of the employee’s base rate.
6. City Medical Plans:
The City's Medical plan for plan years 2024-2026 will be offered through the FRMS JPA. The City of South Lake Tahoe will offer three plans through the FRMS JPA for plan years 2024-2026, as follows:
HDHP/HSA - City will contribute 100% of the premium cost for this plan option. If an unrepresented employee elects the HDHP/HSA plan, the City will contribute $2,500.00 for individual coverage and $4,200.00 for Employee + one or Family coverage into an HSA. This contribution will be "front-loaded" the first pay period including January 1st of each year.
PPO 1000 - The City will contribute 100% of the premium for this plan for the FIRST plan year (2024) only.
PPO 500 (Buy-up option) - Employees who elect this plan option will pay the difference between the PPO 1000 plan and the PPO 500 plan. For the first plan year.
(2024) rates are as follows:
Per Pay Period Buy-up Cost PPO 500 ( 2024)
EE = $35.77
EE+ 1 = $71.55
EE+Family $93.01
Dental - City to continue contributing 100% of the premium cost for Plan A for plan years 2024 - 2026.
Vision - City to continue contributing 100% of the premium cost for plan years 2024 - 2026.
7. Deferred Compensation – City Matching 401a Benefit
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Council Agenda Report January 9, 2024 Page 3 of 3
The Police Employees’ Association has agreed to eliminate their 401a matching benefit effective January 1, 2024 and roll it back into their salary on a cost-neutral basis, including any additional benefit cost.
8. Clean-up provisions included in the MOU’s
Financial Implications: The salary increase for the Public Safety Dispatcher position amounts to approximately $140K annually for all allocated positions (9). This additional cost will be evaluated for FY 2023-24 and requested during mid-year budget process taking into account any vacancies in this classification during the first six months of the fiscal year. Other contract changes have been budgeted for 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. 136
Resolution 2024-XXX January 9, 2024 Page 1 of 1
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
January 9, 2024
Approving the Memoranda of Understanding with the Police Employees' Association Bargaining Group
BACKGROUND
A. The City of South Lake Tahoe and the Police Employees' Association bargaining group have met and conferred in good faith in accordance with the provisions of the MeyersMilias-Brown Act of the California Government Code; and B. The Police Employees' Association bargaining groups has 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. Approves the modifications to the Memorandum of Understanding between the City of South Lake Tahoe and the Police Employees' Association which is incorporated into the Memoranda of Understanding attached hereto as Exhibit A, 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 January 9, 2024, by the following vote:
Yes:
No:
Absent:
Abstain:
___________________________ Date:___________
Cody Bass, Mayor
Attest:
____________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SOUTH LAKE TAHOE
AND THE
SOUTH LAKE TAHOE POLICE ASSOCIATION
POLICE EMPLOYEE UNIT
October 1, 2023 to September 30, 2026
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SOUTH LAKE TAHOE
AND THE
SOUTH LAKE TAHOE POLICE ASSOCIATION
POLICE EMPLOYEES UNIT
TABLE OF CONTENTS
SECTION 1 General Provisions 1
1.1 City Recognition 1
1.2 Association Access to Employee 1
1.3 Dues Deductions 2
1.4 Management Rights 3
SECTION 2 HEALTH AND WELFARE 4
2.1 Eligibility for Medical and Prescription Benefits 4
2.2 Medical Benefits 4
2.3 Medical Coverage Opt-Out Benefit Arrangement 5
2.4 Dental Plan 6
2.5 Vision Plan 6
2.6 Life Insurance 6
2.7 Long Term and Short Term Disability 6
2.8 PSA/Mammogram 6
2.9 Legislative Changes 6
2.10 Health Reimbursement Account 7
2.11 Application of Health Insurance Plan 7
2.12 Flexible Spending Account 7
SECTION 3 RETIREMENT PLAN 7
3.1 Definitions 7
3.2 Retirement Plan for Employees Hired on or Before April 21, 2012 8
3.3 Retirement Plan for Employees Hired After April 21, 2012 but Before January 1, 2013, and Classic Members as Defined by CalPERS
8 3.4 Retirement Plan for Employees Hired on or After January 1, 2013, Who Are Not Classic Members
8 SECTION 4 DEFERRED COMPENSATION 9
4.1 Deferred Compensation – City Matching 9
SECTION 5 SICK LEAVE 9
5.1 Accrual Rate 9
5.2 Sick Leave Accrual Limits 9
5.3 Donations of Sick Leave 9
5.4 Sick Leave Payout 11
5.5 Payout Calculation 11
SECTION 6 HOLIDAYS 11
6.1 Official City Holidays 11
6.2 Personnel Granted Holidays Off 12
6.3 Personnel Not Granted Holidays Off 12
6.4 Floating Holiday Option 12
6.5 Holiday Pay Calculation 13
SECTION 7 BEREAVEMENT LEAVE 13
SECTION 8 VACATION LEAVE 13
8.1 Entitlement to Take Vacation 13
8.2 Probationary Employees 13
8.3 Provisional and Temporary Employees 13
8.4 Computing Vacation 13
8.5 Timing of Vacation 14
8.6 Maximum Vacation Accrual 14
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8.7 Pay for Unused Vacation 14
8.8 Holidays During Vacation 14
8.9 Vacation as Sick Leave 14
8.10 Partial Vacation 15
8.11 Requesting Vacation 15
8.12 Vacation Sell Back 15
8.13 Vacation Sell Back Calculation 15
SECTION 9 COMPENSATORY TIME OFF 15
SECTION 10 GRIEVANCES AND APPEALS FROM DISCIPLINARY ACTION 16
10.1 Grievances 16
10.2 Disciplinary Appeals 16
SECTION 11 CONCERTED ACTIVITY 16
SECTION 12 ALTERNATIVE WORK SCHEDULE 16
12.1 Schedules 16
12.2 Training Attendance 16
SECTION 13 PERSONNEL ASSIGNMENTS 17
SECTION 14 SALARIES/PAY/CLASSIFICATION 17
14.1 Change to Salary Ranges 17
14.2 Longevity Pay 18
SECTION 15 ACTING PAY 18
SECTION 16 ADMINISTRATIVE ASSIGNMENTS 19
SECTION 17 SPECIAL PAYS 19
17.1 Call Back 19
17.2 Court Time 19
17.3 Simulcast Pay 20
17.4 Night Shift Differential 20
17.5 Bilingual Pay 20
17.6 Hazard Pay 20
17.7 Education Incentive 20
SECTION 18 TUITION REIMBURSEMENT/CLASSES 21
SECTION 19 UNIFORMS/CLOTHING 21
19.1 Uniform Allowance 21
19.2 Damaged Uniforms and Equipment 22
19.3 Protective Clothing 22
SECTION 20 ASSOCIATION BUSINESS 22
SECTION 21 JOB ACTIONS 22
SECTION 22 RESIDENCY/RESPONSE TIME 23
SECTION 23 NICOTINE USE RESTRICTIONS 23
SECTION 24 LAYOFFS PROCEDURE 23
24.1 Displace/Demote 23
24.2 Disputes 24
24.3 Re-employment Rights 24
SECTION 25 POLICE TRAINEE 24
SECTON 26 ANTI-NEPOTISM 24
SECTION 27 PAST PRACTICES 24
SECTION 28 SAVINGS PROVISION 25
SECTION 29 DURATION 25
APPENDIX A CLASSIFICATIONS 26
APPENDIX B GRIEVANCES 27
APPENDIX C DISCIPLINARY APPEALS PROCEDURE 32
APPENDIX D TRAINING MODULES 36
APPENDIX E SALARY TABLE AS OF OCTOBER 1, 2023 39
APPENDIX F CLASSIFICATION AND MARKET DEVIATION 41
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SOUTH LAKE TAHOE
AND THE
SOUTH LAKE TAHOE POLICE ASSOCIATION
POLICE EMPLOYEES UNIT
This Memorandum of Understanding (MOU) is entered into by the City of South Lake Tahoe (hereinafter referred to as the City) and the South Lake Tahoe Police Association (hereinafter referred to as the Association) after having met and conferred in good faith, regarding wages, hours, and terms and condition of employment of those employees in the representation unit identified in Appendix A. It is the intent of the parties to set forth herein their entire agreement resulting from such discussions.
Upon ratification of the City Council and the Association membership, this MOU is binding under Government Code sections 3500 et. Seq. (the Meyers-Milias-Brown Act) for the period commencing October 1, 2023 – 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.
Association/Committee Recognition - The South Lake Tahoe Police Association, hereinafter referred to as the "Association", is the recognized employee organization for the Police Employees Unit.
1.2 Association Access to Employees
City will provide a written statement to each new bargaining unit employee that the classification is part of a bargaining unit represented by the Association, and the name of a representative of the Association. City will provide the Association 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.
The City will allow a Business Representative of the Association 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 Association’s presentation. A bargaining unit member attending the onboarding orientation meeting as the Association representative shall be given paid release time sufficient to cover the 141
2 PEA – 10-1-2023 to 9-30-2026
Association’s presentation and related travel time. The Association 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.
In compliance with SB 191, if the City has not conducted an in-person new employee orientation within thirty days of a newly hired employee’s start date, and the new employee is working in person, the Association has a right to schedule an in-person meeting at the worksite during working hours. During that meeting, the exclusive representative shall be permitted to communicate directly with newly hired employees in the applicable bargaining unit for up to 30 minutes. The newly hired employees must be allowed paid time off, and relieved of other duties, for attending the meeting. Upon receiving a request from the Association, the City will provide an appropriate on-site meeting space within seven calendar days. This provision expires June 30, 2025.
To the extent required by Government Code Section 3558, City shall provide the Association 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 Association 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
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.
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(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 City of South Lake Tahoe, its officers, and employees from any liability that may result from making, canceling or changing requested deductions.
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.
Dues Deduction Check
(a) Dues deductions covering all such deductions shall be transmitted by electronic funds transfer to an account specified by 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
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
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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.
SECTION 2. HEALTH AND WELFARE
2.1 Eligibility for Medical and Prescription 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 coverage only for the City’s Medical Plan, subject to Section
2.2 below; such employees may purchase dependent coverage by payment of the difference between the employee only 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.
Employees’ budgeted position shall be used to determine their eligibility for the medical benefits. Should employees’ full-time or part-time status change, their eligibility for the medical benefits shall also change.
2.2 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% 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:
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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.
2.3 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.
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 145
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the payments outlined above, while their spouse enrolls in City-sponsored medical coverage.
2.4 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 2021 Plan Year shall be as follows:
Employee Only: $4.82 per pay period
Employee plus 1: $9.06 per pay period
Employee plus family: $14.12 per pay period
2.5 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.
2.6 Life Insurance - For the term of this agreement, 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.
2.7 Long-Term and Short-Term Disability – For the term of this agreement, the City will continue to provide Long-Term and Short-Term Disability insurance coverage to all employees in the unit.
2.8 PSA/Mammogram – Employees are eligible for a PSA or mammogram test under the Department physical examination program.
2.9 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.
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2.10 Health Reimbursement Account - Employees with an existing health reimbursement account will no longer receive funding to this account. Any remaining funds in the account will be available for reimbursement of expenses in accordance with IRS regulations until exhausted.
2.11 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.
2.12 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.
SECTION 3. RETIREMENT PLAN
3.1 Definitions:
a. Retired Employee means: an employee who retires from the City of South Lake Tahoe under the provisions of the California 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.
(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. b. 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.
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3.2 Retirement Plan for Employees Hired on or Before April 21, 2012 - Employees hired on or before April 21, 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 3.2 shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service.
Each bargaining unit member covered by this Section 3.2 shall pay through payroll deduction 100% of the required bargaining unit member contribution, which is 8%.
Employees covered by this Section 3.2 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.
3.3 Retirement Plan for Employees Hired After April 21, 2012 but Before January 1, 2013, and Classic Members, as Defined by CalPERS -
All employees hired after April 21, 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 3.3 shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service.
Each bargaining unit member covered by this Section 3.3 shall pay through payroll deduction 100% of the required bargaining unit member contribution, which is 7%.
Employees covered by this Section 3.3 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.
3.4 Retirement Plan for Employees 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.
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For purposes of determining a retirement benefit, final compensation for unit members covered by this Section 3.4 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 3.4 shall pay, through payroll deductions, 50 percent (50%) of total 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 3.4 of the monthly contribution for the next CalPERS fiscal year in the first quarter of the calendar year, or as soon as reasonably practicable, following CalPERS publication of the required contribution rate.
Employee contributions under sections 3.2, 3.3, and 3.4 shall be made in accordance with Section 414.h(2) of the IRC.
SECTION 4 DEFERRED COMPENSATION
4.1 Deferred Compensation – City Matching: 457 Defined Contribution Plan Effective January 1, 2024, the City Matching benefit of three thousand dollars ($3,000.00) per fiscal year will be eliminated.
Effective January 1, 2024, 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.
SECTION 5. SICK LEAVE
5.1 Accrual Rate – 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 ration of the budgeted workweek to full-time status. The maximum amount of sick leave that can be accumulated is five hundred twenty (520) hours.
5.2 Sick Leave Accrual Limits – Unit members shall be limited to 520 hours of accumulated sick leave. Employees whose accumulated sick leave drops below five hundred twenty (520) hours will begin accumulating sick leave at the rate specified in Section 5.1 until their accumulated sick leave equals five hundred twenty (520) hours.
5.3 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 149
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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.
Eligibility
To be eligible for this benefit, the receiving employee must: 1) Be a regular full-time 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. 150
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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 7, Bereavement Leave.
Under extenuating and extraordinary circumstances and upon recommendation of the City Manager exceptions may be granted on a caseby-case basis. Such exceptions shall not establish practice or precedence.
5.4 Sick Leave Payout - Employees retiring from City service shall receive a payment equivalent to one hundred percent of the employee's unused sick leave balance on record on the date of retirement not to exceed five hundred twenty(520) hours.
5.5 Payout Calculation - Payment for sick leave shall be determined by the base salary rate of pay for the position upon date of retirement. “Base salary” shall mean an employee’s straight time of pay and shall not include overtime, skill pay, or other special salary differential(s) or pay.
SECTION 6. HOLIDAYS
6.1 Official City Holidays - The official City holidays are:
a) January 1
b) The third Monday in January/Civil Rights Day
c) The third Monday in February
d) The last Monday in May
e) Juneteenth
f) July 4
g) The first Monday in September
h) The second Monday in October
i) Veteran's Day
j) Thanksgiving Day
k) The Friday immediately following Thanksgiving Day
l) December 24*
m) December 25*
Eight (8) hours of paid leave shall be granted to all eligible employees for each official City holiday. *Whenever December 24th falls on Saturday or Sunday, the holiday will be observed by staff who are off duty on the City-celebrated holiday the preceding Friday. Whenever December 25th falls on Saturday or Sunday, the holiday will be observed on the following Monday.
For the purpose of computing overtime pay, New Year’s holiday shall begin at 4p.m.
December 31st.
6.2 Personnel Granted Holidays Off - Personnel not covered under Section 6.3 below shall not be required to be on duty on official City holidays but shall be paid 151
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straight time for that day as if it was worked, up to a maximum of (8 hours) pay for each official City holiday. 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, up to a maximum of (8 hours) pay for each official City holiday.
6.3 Personnel Not Granted Holidays Off - Personnel assigned to the following positions which must be staffed each day of the week are not granted official City holidays as days off with pay:
Public Safety Dispatcher Trainee
Public Safety Dispatcher
Community Service Officer
Parking Ambassador
Police Trainee
In lieu thereof they shall receive one (l) day's (8 hours) pay 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*12holidays)/2080=4.62% per pay period multiplied by base pay. These payments are intended to be reportable to CalPERS as special compensation under 2 CCR § 571(5). §
6.4 Floating Holiday Option - The City and Association agree that personnel described in Section 6.3. who are assigned to positions which must be staffed each day of the week and who are not granted official City holidays as days off with pay may, in lieu of receiving one day's (8 hours) pay for each official City holiday, reduce the number of holiday pay hours by twenty (20) and have said hours added to their floater leave balance. Said additional floater leave shall be taken off in accordance with the convenience of the Department and will be scheduled and approved in accordance with the provisions of this Memorandum of Understanding or the City's personnel rules. In the event the Department is unable to allow an employee to schedule and use this time off the employee will be paid for this time on an hour for hour basis. The remaining 76 hours of holiday 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*12 holidays)/96 hours less 20=76 hours/2080 = 3.65% per pay period multiplied by base pay. These payments are intended to be reportable to CalPERS as special compensation under 2 CCR § 571(5). §
Employees choosing to reduce the amount of holiday pay they receive and add the twenty (20) hours of time-off to their floater leave balance, shall make a onetime irrevocable election no later than December 31 of each year for the next calendar year. Employees must use all floating holiday leave hours within the calendar year earned. Any floating holiday leave hours remaining on the books 152
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on December 31 of each year shall be paid out in accordance with Section 6.5, based on base salary.
6.5 Holiday Pay Calculation – Holiday pay will continue to be calculated based on base salary. “Base salary” shall mean an employee’s straight time of pay and shall not include overtime, skill pay, or other special salary differential(s) or pay.
SECTION 7. BEREAVEMENT LEAVE
Employees shall be allowed 40 hours of time off per year for bereavement in the event of the death of one of the following: Parents, step-parents, spouse, registered domestic partner, child or step-child, brother, sister, stepbrother, stepsister, current parents-in-law, current sister or brother-in-law, grandparent, grandchild, current grandparent-in-law. In no event will an employee be eligible to receive more than a total of 40 hours per calendar year for bereavement leave.
The City will also allow for additional bereavement leave pursuant to AB 1949.
SECTION 8. VACATION LEAVE
8.1 Entitlement to Take Vacation - 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.
8.2 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.
8.3 Provisional and Temporary Employees - Provisional and temporary employees do not accrue vacation and sick leave credits except as required by law. The service of an employee in a provisional or temporary capacity may be included with service as a permanent employee provided that the employee's service with the City has been continuous since the initial position and is within the same classification as his/her temporary or provisional position.
If such service is included with the service as a permanent employee, such employee shall receive earned vacation benefits from the initial date of continuous employment as a provisional or temporary employee, pro-rated according to the number of hours worked under provisional or temporary status.
8.4 Computing Vacation – 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 pro-rated basis considering the number of hours worked. Vacation leave shall be earned in accordance with the following schedule:
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a) First five years of employment: 88 hours per year
b) Six to ten years of employment: 128 hours per year
c) Eleven to fourteen years of employment: 168 hours per year d) Fifteen to seventeen years of employment: 176 hours per year e) Eighteen to twenty years of employment: 184 hours per year f) Twenty-one years or more of employment: 208 hours per year
8.5 Timing of Vacation - 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.
8.6. Maximum Vacation Accrual – 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 the earned vacation as approved by the Department Head. If the requirements of service are such that an employee cannot take part or all of the annual vacation in a particular year, such vacation should be taken during the following twelve months, at the discretion of the Department Head. 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. This limitation shall be imposed on the first paycheck of December by cashing out any hours in excess of 240 hours.
Every employee shall be encouraged to take vacation every year. No person shall take an annual vacation in excess of thirty (30) total working days without the written authority of the Department Head
8.7 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 up to a maximum of two hundred forty (240) hours. Payment for unused vacation shall be in accordance with Section 8.13.
8.8 Holidays During Vacation - In the event one or more holidays fall within an employee's annual vacation leave, such holiday shall not be charged as vacation leave unless said employee receives holiday pay for that day.
8.9 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 when applicable. 154
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8.10 Partial Vacation - Employees may use earned vacation time in increments of less than one day, subject to the approval of the Chief of Police or his/her designee.
8.11 Requesting Vacation – Vacation requests may be made at any time by an employee on the forms approved by the appointing authority. 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.
8.12 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.
8.13 Vacation Sell Back Calculation – When selling vacation back to the City under section 8.12 or pay for unused vacation under section 8.7, vacation shall be calculated based on the regular FLSA pay rate.
SECTION 9. COMPENSATORY TIME OFF
Compensatory time off will be administered as follows:
a) An employee who is required to work 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. Such employee shall receive the additional compensatory time off only if his/her shift begins on the official City holiday.
b) Compensatory time off is limited to 120 hours.
c) If compensatory time off resulting from working on a holiday causes an 155
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employee’s compensatory time off account to exceed 120 hours, any excess on September 30 of the contract year shall be paid out at the employee’s current rate of pay.
d) Compensatory time is paid out should the employee be promoted to a classification that is exempt from overtime. Payout is at the rate being earned just prior to promotion.
SECTION 10. GRIEVANCES AND APPEALS FROM DISCIPLINARY ACTION
10.1 Grievances - grievances will be processed in accordance with Appendix B.
10.2 Disciplinary Appeals - Appeals from disciplinary action will be processed in accordance with Appendix C.
SECTION 11. CONCERTED ACTIVITY
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 of 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.
SECTION 12. ALTERNATE WORK SCHEDULE
12.1 Schedules - The Dispatchers/ Dispatcher Trainee, Evidence Technicians, and Community Service Officers will continue to work a 4-10 work schedule.
In the event employees volunteer or are required to work extra hours, management may not alter the employees’ normally scheduled work hours.
Employees will be paid overtime when, as a result, more than 40 hours are worked in the work week. Employees may voluntarily adjust their normal work hours when the employee and management agree to do so.
Police Trainee schedule may vary based on training needs and the schedule being worked by Sworn Police Officers.
12.2 Training Attendance - Personnel attending training shall work out their schedules with their immediate supervisor. The schedule should be adjusted to avoid overtime whenever possible. Consideration should be given to minimize the impact on the individual’s regular schedule whenever possible. When an individual attends a training school and the hours for the school (including travel time) are over 40 hours in the work week, compensation shall be as follows: up 156
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to 40 hours will be compensated at straight time and any hours over 40 will be compensated at time and a half.
SECTION 13. PERSONNEL ASSIGNMENTS
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 sign-up list as soon as possible after it has been posted.
SECTION 14. SALARIES/PAY/CLASSIFICATION
14.1 Changes to Salary Ranges
1. COMP STUDY- Effective the pay period including October 1, 2023 and paid as soon as administratively feasible, equity increases for applicable classifications shall be made based upon total compensation market median (See appendix F):
Year 1: Equity Adjustment less than 1% - 100% 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. RECRUITMENT / RETENTION ADJUSTMENTS
Effective the pay period containing October 1, 2023, to be paid as soon as administratively feasible.
Public Safety Dispatcher – 17.24%
Public Safety Dispatcher Trainee – 17.24%
Appendix E includes the Salary Table as of October 1, 2023. 157
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14.2 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. Employees hired on or before October 1, 2009, who as of October 1, 2014 had (1) five (5) years of continuous City service, and (2) at least 490 hours of accrued sick leave, are hereby grandfathered in and are eligible for longevity pay. These employees shall not be eligible for an additional increase under this section upon reaching ten (10) years of City service.
Benefit: Eligible employees shall receive an additional 5% in pay (paid as an incentive pay rather than as 6th step in salary). 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 ten (10) years of City service.
The 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. Longevity Pay will not be considered when calculating salary increases under Section 14.1.
Section 5.5 – Sick Leave Payout Calculation
Section 6.5 – Holiday Pay
Section 8.13 - Vacation Sell Back Calculation
Section 9.d. – Compensatory Time Off Payout
Section 15 – Acting Pay
Section 17.1 – Call-Back Pay
Section 17.2 – Court Time
Section 17.7 – Education Incentive
SECTION 15. ACTING PAY
Employees may be assigned by management to temporarily assume some or all of the duties of a position which is vacant due to a temporary absence or termination of the incumbent. Additional compensation shall be given for such assignments when the following provisions have been met:
a. The assignment is made in writing by the Police Chief or his/her designated representative and approved by the Human Resources Manager. b. The employee is assigned to perform a significant majority of the duties of a budgeted vacant position in a higher paid classification. c. The duties of the higher class are assigned to and performed by the designated employee for forty (40) or more regular work hours d. Acting Pay assignments may not exceed 960 hours per fiscal year, pursuant to Government Code section 20480.
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Employees who perform the duties of a higher classification under the above provisions, shall receive "acting" pay beginning on or retroactive to the first day of the assignment.
Acting pay shall be five percent (5%) more than the employee's base hourly rate in the present classification, or the first step of the higher classifications pay range, whichever is greater. In no case shall the employee receive a salary greater than the top step of the salary range of the higher classification. Acting pay shall apply to any overtime worked in the higher classification (when eligible) but shall not apply to any paid leave taken during the acting assignment.
SECTION 16 ADMINISTRATIVE ASSIGNMENTS
The City and Association agree that the following administrative assignments shall be made by the Chief of Police subject to his discretion, and such incumbents shall serve at the pleasure of the Chief. It is further agreed that removal from said administrative assignments does not constitute disciplinary action.
Communications Training Officer Pay/Community Service Training Officer/Parking Ambassador Training Pay - Qualified individuals in the Dispatcher classifications/Community Service Officer/Parking Ambassador classification assigned to serve as Communications Training Officers/Community Service Training Officers/Training Parking Ambassador shall receive an additional payment equal to 5% of their base hourly rate during the time they are actually engaged in training a new Dispatcher or Community Service Officer.
Assignment as a Communications Training Officer/ Community Service Training Officer shall be made at the sole discretion of the Chief of Police. Two employees are assigned to train and both will receive pay for duration of training period. The previously required third trainer, used to “shadow” the trainee, will now be assigned to one of the division supervisors. The above change in payment is effective the first full pay period following City Council approval of MOU.
SECTION 17. SPECIAL PAYS:
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.
Employees asked to Holdover are not eligible to receive call-back compensation.
Holdover is notification during working hours, through posted overtime signup sheet, or a prearranged modification of work schedule. Holdover is not considered call-back for purposes of the 3-hour minimum overtime 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 159
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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.
17.3 Simulcast Pay – Public Safety Dispatchers required to work alone (simulcasting) for periods in excess of one hour shall be compensated in the following manner:
an additional $7.00 for the first full hour of simulcasting; $3.50 for each full half hour thereafter. This change is effective the first full pay period following City Council approval of MOU.
17.4 Night Shift Differential – Dispatchers, Community Service Officers, and Evidence Technicians regularly assigned to work a shift that regularly starts and ends between the hours of 1800 (6:00p.m.) and 0600 (6:00 a.m.) (1800 to 0600) shall be paid a shift differential of one dollar and 10 cents ($1.10) per hour, in addition to their regular pay rate for all regular and overtime hours worked during the shift periods (for hours worked between 1800 and 0600). This change is effective the first full pay period following City Council approval of MOU.
17.5 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 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.
17.6 Hazard Premium- Employees in the Evidence Technician classifications are assigned to work in the field where they are routinely and consistently exposed to toxic, radioactive, explosive, or other hazardous substances or perform hazardous activities to implement health or safety procedures at crime scenes. Employees in the Evidence Technician classifications shall be compensated an additional 5% of the employee’s base rate of pay for hazard premium.
17.7 Education Incentive – Unit employees shall receive 2.5% (two and a half percent) of their base pay above the hourly base rate of pay contained in the approved salary plan upon successful completion of one hundred (100) hours of coursework as per the agreed upon Training Module (See Attachment D.) Employees are eligible to receive an additional 2.5% for successful completion of an additional one hundred (100) hours of coursework as per the agreed upon Training Module for total compensation of 5% of base pay.
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Permission to pursue a module/coursework must be pre-approved by the Chief of Police or his/her designee. Successful completion is defined as certification, and/or a grade of “C” or better from an educational institution.
Employees must submit proof of the training within 60 calendar days of receiving the training. If the employee does so, Education Incentive Pay will begin retroactive to the date that the employee received the training. If the employee fails to provide the proof of training within 60 calendar days, Education Incentive Pay will begin during the next full pay period after the employee provides proof of training to the City.
City and Association agree to meet as needed to discuss revising training qualification requirements listed in Attachment D. There is no intent to increase the amount of education incentive benefit but to simplify/clarify eligibility requirements such as using POST Intermediate and POST Advanced Dispatcher Certification in lieu of modules listed in Appendix D. Intent is to be generally cost neutral.
SECTION 18. TUITION REIMBURSEMENT/CLASSES
The City shall pay the cost of tuition and books for up to two (2) job-related classes of formalized study approved in advance by the Chief of Police per semester or quarter, provided the cost of said classes is no more than normal tuition expenses at the most local college-level institutions (i.e., which include the University of Nevada-Reno, Sacramento State, and Lake Tahoe Community College). To be eligible to receive tuition reimbursement benefits under this section, employees must obtain approval from the Chief of Police prior to the commencement of the first day of each class requested. 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.
A training class in Spanish will be provided upon request, for Dispatchers and other interested department employees. The emphasis will be on the language skills required for the dispatch function.
SECTION 19. UNIFORMS/CLOTHING
19.1 Uniform Allowance – Uniform allowances are hereby authorized for employees required to wear standardized clothing in the performance of assigned duties.
Eligible employees shall be paid ½ of the total compensation in December and the remaining ½ compensation in June of each year. Employees eligible for uniform allowance and the authorized rate of compensations for such allowance are as follows:
Employee Classification Rate of Compensation
Parking Ambassador $750.00 per year
Community Services Officer $750.00 per year
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Public Safety Dispatcher $575.00 per year
Sr. Evid Tech/Evidence Technician $575.00 per year
19.2 Damaged Uniforms and Equipment – Uniforms and required equipment for Police 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 will be turned in by the member concerned to his/her 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.
19.3 Protective Clothing
a. The City agrees to provide Community Service Officers and Evidence Technicians with the necessary protective clothing e.g., foul weather gear if assigned to work in inclement weather and lab coats and coveralls for protection of clothing when doing evidence collection/identification. The Chief of Police will determine the necessity of the protective clothing. b. 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. c. 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.
SECTION 20. ASSOCIATION BUSINESS
One hundred and forty-four (144) hours per contract year relief from duty will be granted for conducting Association business. This relief time does not include time needed for administration for 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. Fifty-six (56) hours of unused time under this section may be carried over into the next calendar year.
Under this provision, use of leave time is limited to 200 hours in any calendar year.
SECTION 21. JOB ACTIONS
In the event of violation of the provisions of Section 11 (Concerted Activity) of this Memorandum of Understanding on the part of the Association or any member of the Association, the City is entitled to withdraw any rights, privileges, or services provided for in this Memorandum of Understanding, City rules, regulations, or ordinances.
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SECTION 22. 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
East of Echo Summit
Carson City
Dayton (developed area)
Gardnerville/Minden
South on Highway 395 to Topaz Junction
Markleeville
SECTION 23. NICOTINE USE RESTRICTION
Employees shall be prohibited from using nicotine on duty except during authorized rest periods. Should a covered employee violate this section, they will be subject to appropriate disciplinary action.
SECTION 24. LAYOFF PROCEDURE
The City in its discretion shall determine whether layoffs are necessary. Although not limited to the following, layoffs shall ordinarily be for lack of work and/or lack of funds. If it is determined that layoffs are necessary, employees will be laid off in the following order:
24.1 Displace/Demote – An employee who receives a layoff notice and is unable to displace a less senior employee in that classification, or to demote to a position in a lower classification in the classification series, will be eligible to demote or transfer to a vacant position, if any such positions exist, within the City, for which they meet the minimum requirements and for which on the job training can be provided sufficient that they can perform the duties assigned to that position.
Subject to the following conditions:
a. Employees placed pursuant to this paragraph shall serve a probationary period of one year.
b. If more than one such vacant position exists, the appointment authority(s), in conjunction with the Human Resources Manager and in consultation with the employee, shall determine which position is to be offered to the employee.
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c. If more than one employee is eligible to fill a vacant position(s), the appointing authority(s) may select the employee(s) who best meet the needs of the department(s).
24.2 Disputes – any disputes arising among appointing authorities, or with the Human Resources Manager, or employee(s) pursuant to this section shall be resolved by the City manager, whose decision is final.
24.3 Re-employment Rights -Employees laid off and those demoted in lieu of layoff, who request placement on a reemployment list, shall be placed on the list in reverse order of the succession of layoff provided they are qualified to perform the work and meet all requirements of the position which may include passing all medical and psychological examinations, and background checks/investigations.
SECTION 25. POLICE TRAINEE
The City and Association agree that a new classification of employee will be established to be known as Police Trainee. This classification is established at a salary rate 10% below first step of Police Officer (and will be maintained at that differentiation) and is to be filled by those employees newly hired to be Police Officers who have not yet completed the Peace Officers Standards and Training Basic Academy. These newly hired persons will not be considered sworn safety personnel until such time as they have successfully completed the P.O.S.T. Basic Academy and have been sworn in. It is also agreed that they will be sworn-in as soon as possible after successful completion of the P.O.S.T. Academy.
SECTION 26. 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 and/or and fire department employees to emergencies; or (2) a safety officer position that receives dispatches, such as police and fire department employees, if that hiring, promotion or transfer would result in onerelated individual dispatching another. The restricting on hiring shall apply unless the current City employee resigns.
SECTION 27. PAST PRACTICES
The City and Association agree that those benefits and practices not specifically amended by the Memorandum of Understanding will not be changed until and unless the Association and City have met and conferred prior to any change. 164
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SECTION 28 SAVINGS PROVISION
If any provisions of this Agreement are held to be contrary to law 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.
SECTION 29 DURATION
This Memorandum of Understanding shall be effective October 1, 2023 except for those provisions of the Memorandum of Understanding which have been assigned other effective dates as hereinabove set forth and shall remain in force and effect to and including the thirtieth (30th) of September, 2026 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this day of , 2023.
SOUTH LAKE TAHOE POLICE CITY OF SOUTH LAKE TAHOE
EMPLOYEES’ASSOCIATION
BY: BY:
Mayor,
BY: BY:________________________________
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APPENDIX A
CLASSIFICATIONS
Community Services Officer
Parking Ambassador
Evidence/Property Technician
Senior Evidence/Property Technician
Police Officer Trainee
Public Safety Dispatcher
Public Safety Dispatcher Trainee
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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. Employees may not appeal disciplinary actions through this grievance procedures.
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.
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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.
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
If the grievance is not resolved in Step II, the grievant may submit a written grievance to the Police Chief 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 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.
The Police Chief 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 168
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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, 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.
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.
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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.
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 170
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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.
SECTION 2 - DEFINITION
As used in this procedure, disciplinary action shall mean discharge, demotion, reduction in pay, or suspension without pay. Suspensions without pay for periods of less than three (3) working days 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 three (3) days, 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.
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 the actual delivery of the document to the addressee’s normal place of business.
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SECTION 5 - PRE-ACTION PROCEDURE
A. Action Proposed by Police Lieutenant
Prior to imposing disciplinary action involving a suspension without pay of three (3) or more working days, reduction in pay, demotion or discharge, the Police Lieutenant 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. Police Chief Review
The Police Chief 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.
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.
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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.
A.Hearing Officer/Arbitration
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.
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. 174
35 PEA – 10-1-2023 to 9-30-2026
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.
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.
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.
175
36 PEA – 10-1-2023 to 9-30-2026
APPENDIX D
TRAINING MODULES
COMMUNITY SERVICE OFFICERS TRAINING MODULES
POST Academy
Community Service Officer Academy 40 hours
Field Training Officer 40 hours
Field Training Officer Update 24 hours
Records/Documentation/Communication
Conflict Management 4 hours
Ethics/Character Training 4 hours
Spanish for Public Safety Varies
California Association of Code Enforcement Officers (CACEO) Module One Academy 40 hours
Module Two Academy 40 hours
Module Three Academy 40 hours
176
37 PEA – 10-1-2023 to 9-30-2026
EVIDENCE TECHNICIAN TRAINING MODULE
Crime Scene
Crime Scene Investigation- Basic 80 hours
Crime Scene Investigation- Advanced 40 hours
Bloodstain Pattern Analysis- Basic 40 hours
Bloodstain Pattern Analysis- Advanced 40 hours
Skeletal Recovery 40 hours
Arson and Explosive Investigation 40 hours
Shooting Reconstruction 40 hours
Firearms Safety 24 hours
POST Blast Investigation Course 40 hours
Impression Evidence 38 hours
Lab
Physical and Chemical Processing of Evidence 40 hours
Latent Fingerprint Comparison- Basic 40 hours
Latent Fingerprint Comparison- Advanced 40 hours
Forensic Photography 40 hours
Photoshop for Forensic Examiners 24 hours
Alternate Light Source Photography 24 hours
Universal Latent Workstation (FBI’s ULW)- Basic 8 hours Universal Latent Workstation (FBI’s ULW)- Advanced 8 hours Property Management
Courtroom Testimony 24 hours
Property Room Management 16 hours
Evidence Packaging 8 hours
Evidence Handling Guidelines for the Crime Analyst 3 hours
177
38 PEA – 10-1-2023 to 9-30-2026
DISPATCHERS TRAINING MODULES
Critical Incidents
Hostage Negotiations 40 hours
Tactical Dispatch 24 hours
Recognizing A Mental Health Crisis 24 hours
Crisis Intervention & Negotiations 16 hours
Mental Health Intervention 16 hours
Domestic Violence 8 hours
Sexual Assault 8 hours
Active Shooter Situations 8 hours
Handling The Rising Tide of Suicide 8 hours
PTSD 8 hours
School Violence 4 hours
Dispatch Skills
Communications Training Officer 40 hours
Tactical Dispatch 24 hours
Emergency Medical Dispatch 24 hours
Peer Counseling 24 hours
Dispatch Priming 8 hours
Domestic Violence 8 hours
Communications Training Officer Update 8 hours
Dispatch Customer Service 8 hours
Dispatch Ethics & Leadership 8 hours
Complacency & Critical Decision Making 4 hours
Health & Wellness
Dispatcher Wellness 24 hours
Critical Incident Stress Management (CISM) 8 hours
De-Escalation for Dispatchers 8 hours
Interpersonal Skills/Career Survival 8 hours
178
39 PEA – 10-1-2023 to 9-30-2026
APPENDIX E
SALARY TABLE AS OF OCTOBER 1, 2023
Police Employees' Association
COMMUNITY SERVICE OFFICER
Index Key Value Hourly Monthly
4100/4108/01 26.33297 4,564
4100/4108/02 27.64823 4,792
4100/4108/03 29.02921 5,032
4100/4108/04 30.48537 5,284
4100/4108/05 32.00729 5,548
DISPATCHER TRAINEE
Index Key Value Hourly Monthly
4100/4100/01 30.88129 5,353
4100/4100/02 32.42536 5,620
4100/4100/03 34.04662 5,901
4100/4100/04 35.74896 6,196
4100/4100/05 37.53640 6,506
PARKING AMBASSADOR
Index Key Value Hourly Monthly
4100/4110/01 22.62599 3,922
4100/4110/02 23.75729 4,118
4100/4110/03 24.94517 4,324
4100/4110/04 26.19244 4,540
4100/4110/05 27.50203 4,767
POLICE TRAINEE
Index Key Value Hourly Monthly
4100/4101/01 36.56819 6,338
PROPERTY/EVIDENCE TECHNICIAN
Index Key Value Hourly Monthly
4100/4123/01 30.87991 5,353
4100/4123/02 32.42066 5,620
4100/4123/03 34.04589 5,901
4100/4123/04 35.74631 6,196
4100/4123/05 37.53131 6,505
PUBLIC SAFETY DISPATCHER
Index Key Value Hourly Monthly
4100/4113/01 33.97118 5,888
4100/4113/02 35.66974 6,183
179
40 PEA – 10-1-2023 to 9-30-2026
4100/4113/03 37.45322 6,492
4100/4113/04 39.32589 6,816
4100/4113/05 41.29218 7,157
SENIOR PROPERTY/EVIDENCE TECH
Index Key Value Hourly Monthly
4100/4122/01 33.97076 5,888
4100/4122/02 35.66179 6,181
4100/4122/03 37.44674 6,491
4100/4122/04 39.31626 6,815
4100/4122/05 41.28910 7,157
180
41 PEA – 10-1-2023 to 9-30-2026
APPENDIX F
CLASSIFICATION AND MARKET DEVIATION
Current Classification Job Title Market Deviation
Police Trainee -0.6%
181
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 9, 2024
Agenda Item #:5
Agenda Item: Engineering Manager Position Allocation Increase Executive Summary: On August 22, 2023, the City Council approved the FY 2023-2024 budget and passed a resolution approving the FY 2023-2024 List of Allocated Permanent Positions. The resolution allocated 0.33 FTE (staff-person) for the Engineering Manager/City Engineer position. The Engineering Manager has been working with the new Associate Engineers to transition his projects to them. It was initially anticipated that the Engineering Manager would retire by the end of January 2024 (equivalent to
0.33 staff-person). However, due to the delays in hiring the new Associate Engineer positions, it is critical that the new engineers be onboarded appropriately, and projects transitioned in an organized manner.
No changes in the allocated Associate Engineer position are anticipated.
Requested Action / Suggested Motions: Pass a Resolution authorizing amendment to FY 2023-2024 List of Allocated Permanent Positions increasing the Engineering Manager Position from 0.33 FTE to
0.67 FTE
Responsible Staff Member: Anush Nejad, Public Works Director Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff_Report_Engineering_Manager.docx
02-Resolution_Engineering_Manager_Position_23-24.docx
03-Position Allocation 23-24 Amended Jan 2024 (Exh. 1 to Reso).pdf 182
Council Agenda Report January 9, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 9, 2024
Title: Engineering Manager Position Allocation Increase Location: Public Works
Responsible Staff Member: Anush Nejad, Director of Public Works, (530) 542-6031 Background: On August 22, 2023, the City Council approved the FY 2023-2024 Municipal budget and passed a Resolution approving the FY 2023-2024 List of Allocation Permanent Positions (Resolution 2023- 078). The resolution reduced the full time equivalent (FTE) staff-person allocation for the Engineering Manager/City Engineer position from 1 FTE to 0.33 FTE. The incumbent in this position will be retiring in 2024. Upon retirement, the Director of Public Works will assume the City Engineer responsibilities. In addition to the elimination of the Engineering Manager position after the incumbent’s retirement, the resolution authorized an increase in FTEs and funding appropriation from 1 FTE to 2.5 for the Associate Engineer position.
Issue and Discussion: The Public Works Department has successfully hired two new Associate Engineers to fill the vacant and allocated positions. The Department is currently interviewing for the third Associate Engineer position with the anticipated start date on or after April 1, 2024.
The first Engineering staff member that filled the existing vacancy, started working for the City on September 25, 2023, and is responsible for roadway, pavement rehab, and trail design projects. The second Associate Engineer will begin on January 8, 2024, responsible for drainage and environmental upgrade projects. The third Associate Engineer is expected to begin working for the city by mid-spring and will be responsible for facilities upgrades, energy upgrades, and the Fire Station 3 project.
The Engineering Manager has been working with the new Associate Engineers to transition his projects to them. It was initially anticipated that the Engineering Manager would retire by the end of January 2024 (equivalent to 0.33 staff-person). However, due to the delays in hiring the new Associate Engineer positions, it is critical that the new engineers be onboarded appropriately, and projects transitioned in an organized manner. No changes in the allocated Associate Engineer position are anticipated.
The Engineering Manager has agreed to continue his work with the city until the end of May 2024 or the beginning of the construction season for the transition of ongoing projects. This will increase the allocation of the Engineer Manager position from 0.33 to 0.67 staff persons.
Financial Implications: The fully burdened cost increase of the Engineering Manager position from
0.33 to 0.67 is $74,571. It is anticipated that funding for the increase will be covered by a two-month vacancy in the Capital & Facilities Program Manager position ($34,838) and a three-month vacancy in one of the Associate Civil Engineer positions ($47,261). No additional budget appropriations are required at this time.
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). 183
Council Agenda Report Page 2 of 2 January 9, 2024
Policy Implications: These proposed increase in personnel allocation will support the proper transition of projects to newly hired staff.
184
Resolution 2024-XXXX January 9, 2024 Page 1 of 2
Resolution 2024 - XXX
Adopted by the City of South Lake Tahoe
City Council
January 9, 2024
Authorizing amendment to FY 2023-2024 list of Allocated Permanent Positions increasing the Engineering Manager position from 0.33 FTE to 0.67 FTE
BACKGROUND
A. The Public Works Department is responsible for planning, design, and implementation of capital improvement projects and engineering services.
B. The City Council approved and allocated 0.33 Full Time Equivalent (FTE) staff-person for the Engineering Manager/City Engineer position in August 2023 for Fiscal Year 2023-2024 budget.
C. The Engineering Manager/City Engineer was initially planning to retire by the end of January 2024. However, it is critical that the Engineering Manager properly transition current projects to newly hired Associate Engineers.
D. The Public Works Department recommends increasing the allocated staff position for the Engineering Manager from 0.33 to 0.67 or until end of May 2024 to property transition current projects to newly hired Associate Engineers.
E. No additional budget appropriations are required. Budget supporting increase in FTE is available from the partial year vacancies in two other positions budgeted for the full fiscal year.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Finds the above recitals are true, correct, and a substantive part of this resolution.
2. Authorizes amendment to the FY 23-24 List of Allocated Permanent Positions for Engineering Manager position from 0.33 to 0.67 FTE staff person (attached hereto as Exhibit 1).
Adopted by the City of South Lake Tahoe City Council on January 9, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
185
Resolution 2024-XXXX January 9, 2024 Page 2 of 2
Cody Bass, 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.
186
Allocated Permanent Positions
Authorized/ Authorized/ Authorized/ Authorized/ Authorized/ Appropriated Appropriated Appropriated Appropriated Frozen Positions Positions Positions Positions Positions
Department/Positions 22/23 Adopted thru June'23 23/24 Adopted thru Jan'24 23/24 Budget
CITY COUNCIL
Council Member (Elected) Department Total 5.00 5.00 5.00 5.00 0.00
CITY CLERK
City Clerk (Elected) 1.00 1.00 1.00 1.00
Assistant City Clerk 1.00 1.17 1.17 1.17
Department Total 2.00 2.17 2.17 2.17 0.00
CITY TREASURER
City Treasurer (Elected) Department Total 1.00 1.00 1.00 1.00 0.00
CITY MANAGER DEPARTMENT
City Manager 1.00 1.00 1.00 1.00
Assistant City Manager 0.75 0.75 1.00 1.00
Assistant to the City Manager I 0.25 0.25 0.00 0.00
Assistant to the City Manager II 0.25 0.25 0.00 0.00
Communications and Project Specialist 1.00 1.00 1.00 1.00 Sustainability Coordinator 1.00 1.00 1.00 1.00
4.25 4.25 4.00 4.00
Human Resources
Human Resources Manager 1.00 1.00 1.00 1.00
Principal &/or H.R. Analyst 1.00 1.50 2.00 2.00
Total 2.00 2.50 3.00 3.00 0.00
Department Total 6.25 6.75 7.00 7.00 0.00
CITY ATTORNEY
City Attorney 1.00 1.00 1.00 1.00
Assistant City Attorney 1.00 1.00 1.00 1.00
Risk Manager 1.00 1.00 1.00 1.00
Paralegal 1.00 1.00 1.00 1.00
Department Total 4.00 4.00 4.00 4.00 0.00
FINANCE DEPARTMENT
Director of Finance 1.00 1.00 1.00 1.00
Total 1.00 1.00 1.00 1.00 0.00
Financial Services
Financial Services Supervisor 1.00 1.00 1.00 1.00
Accountant I, II 1.00 1.00 1.00 1.00
Accountant I / Payroll Coordinator 1.00 1.00 1.00 1.00
Principal Management Analyst - Purchasing and Grants 1.00 1.00 1.00 1.00 Total 4.00 4.00 4.00 4.00 0.00
Revenue
Accounting Technician I, II 2.00 2.00 2.00 2.00
Supervising Accounting Technician 1.00 1.00 1.00 1.00
Accountant I/II 1.00 1.00 1.00 1.00
Total 4.00 4.00 4.00 4.00 0.00
Information Systems
Information Systems Supervisor 1.00 1.00 1.00 1.00
Network Systems Administrator 1.00 1.00 1.00 1.00
Information Systems Technician 1.00 1.00 1.00 1.00
Total 3.00 3.00 3.00 3.00 0.00
Department Total 12.00 12.00 12.00 12.00 0.00
1 of 4
187
Allocated Permanent Positions
Authorized/ Authorized/ Authorized/ Authorized/ Authorized/ Appropriated Appropriated Appropriated Appropriated Frozen Positions Positions Positions Positions Positions
Department/Positions 22/23 Adopted thru June'23 23/24 Adopted thru Jan'24 23/24 Budget
DEVELOPMENT SERVICES DEPARTMENT
Director of Development Services 1.00 1.00 1.00 1.00
Administrative Clerk I, II 1.00 1.00 1.00 1.00
Total 2.00 2.00 2.00 2.00 0.00
Planning
Planning Manager/Environmental Planner 1.00 1.00 1.00 1.00 Associate Planner, Assistant Planner 2.00 2.00 2.00 2.00 Sr. Planner (2 year limited term) 1.00 0.00 0.00 0.00
Sr. Planner 0.00 0.42 1.00 1.00
Development Services Technician 0.00 0.00 0.00 0.00 1.00 Total 4.00 3.42 4.00 4.00 1.00
Housing
Housing Manager 1.00 1.00 1.00 1.00
Associate Planner, Assistant Planner- Housing 1.00 1.00 1.00 1.00 Associate Management Analyst 1.00 1.00 1.00 1.00
Program Coordinator 0.00 0.00 1.00 1.00
3.00 3.00 4.00 4.00 0.00
Building and Safety
Building Official 1.00 1.00 1.00 1.00
Pr Bldg & Sr Bldg Inspector, Bldg Inspector, Hsng Insp. 4.00 4.00 4.00 4.00 Sr. Permit Center Technician, Permit Center Technician 2.00 2.00 2.00 2.00 Program Coordinator 0.00 0.00 0.00 0.00
Total 7.00 7.00 7.00 7.00 0.00
Department Total 16.00 15.42 17.00 17.00 1.00
PUBLIC WORKS DEPARTMENT
Director of Public Works 1.00 1.00 1.00 1.00
Capital Improvement Projects Manager 0.00 0.00 0.00 0.00 Capital Program and Facilities Program Manager 1.00 1.00 1.00 1.00 Office Manager 1.00 1.00 1.00 1.00
Total 3.00 3.00 3.00 3.00 0.00
Engineering
Construction Engineer 0.00 0.00 0.00 0.00 1.00
Stormwater Program Coordinator 0.00 0.00 0.00 0.00
Complete Streets Program Manager 1.00 1.00 1.00 1.00
GIS Analyst 1.00 1.00 1.00 1.00
Resident Engineer / Resident Inspector 1.00 1.00 1.00 1.00 Engineering Manager 1.00 1.00 0.33 0.67
Associate Civil Engineer, Assistant Engineer 1.00 1.00 2.50 2.50 Engineering Technician 1.00 1.00 1.00 1.00
Total 6.00 6.00 6.83 7.17 1.00
Maintenance Operations / Snow Removal
Maintenance Manager 2.00 2.00 2.00 2.00
Lead Maintenance Technician 2.00 2.00 2.00 2.00
Maintenance Technician I, II, III, IV, V 16.00 16.00 16.00 16.00 Total 20.00 20.00 20.00 20.00 0.00
2 of 4
188
Allocated Permanent Positions
Authorized/ Authorized/ Authorized/ Authorized/ Authorized/ Appropriated Appropriated Appropriated Appropriated Frozen Positions Positions Positions Positions Positions
Department/Positions 22/23 Adopted thru June'23 23/24 Adopted thru Jan'24 23/24 Budget
PUBLIC WORKS (CONTINUED)
Fleet Maintenance
Maintenance Manager - Fleet 1.00 1.00 1.00 1.00
Equipment Mechanic I, II, III 5.00 5.00 6.00 6.00
Fleet Control Specialist 1.00 1.00 1.00 1.00
Total 7.00 7.00 8.00 8.00 0.00
Airport
Airport Manager 1.00 1.00 1.00 1.00
Airport Maintenance Supervisor 1.00 1.00 1.00 1.00
Administrative Assistant I, II 0.00 0.00 1.00 1.00
Maintenance Technician I, II, III, IV, V 1.00 1.00 1.00 1.00 Total 3.00 3.00 4.00 4.00 0.00
Department Total 39.00 39.00 41.83 42.17 1.00
PARKS AND RECREATION DEPARTMENT
Director of Parks and Recreation 1.00 1.00 1.00 1.00
Total 1.00 1.00 1.00 1.00
Recreation
Administrative Assistant I, II 1.00 1.00 1.00 1.00
Recreation Manager 1.00 1.00 1.00 1.00
Events Coordinator 1.00 1.00 1.00 1.00
Head Pool Lifeguard 1.00 1.00 1.00 1.00
Total 4.00 4.00 4.00 4.00
Parks
Maintenance Manager - Parks 1.00 1.00 1.00 1.00
Lead Maintenance Technician 1.00 1.00 1.00 1.00
Maintenance Technicians I, II, III, IV,V 7.00 7.00 7.00 7.00 Total 9.00 9.00 9.00 9.00
Department Total 14.00 14.00 14.00 14.00 0.00
FIRE DEPARTMENT
Fire Chief 1.00 1.00 1.00 1.00
Deputy Fire Chief / Fire Marshall 0.00 0.00 0.00 0.00
Fire Marshall 1.00 1.00 1.00 1.00
Fire Battalion Chief 3.00 3.00 3.00 3.00
Fire Captain 9.00 9.00 9.00 9.00
Fire Engineer 10.00 9.00 9.00 9.00
Firefighter, Paramedic 8.00 9.00 9.00 9.00
Firefighter, Paramedic (Measure S, prev. SAFER Grant) 7.00 7.00 7.00 7.00 Fire Safety Inspector I, II 1.00 1.00 1.00 1.00
Executive Assistant to the Fire Chief 1.00 1.00 1.00 1.00 Department Total 41.00 41.00 41.00 41.00 0.00
POLICE DEPARTMENT
Chief of Police 1.00 1.00 1.00 1.00
Police Lieutenant 3.00 3.00 3.00 3.00
Police Sergeant 6.00 6.00 6.00 6.00
Police Officer 30.00 30.00 31.00 31.00 1.00
Police Officer (cannabis) 1.00 1.00 1.00 1.00
Police Officer (Tobacco grant) 1.00 1.00 0.00 0.00
3 of 4
189
Allocated Permanent Positions
Authorized/ Authorized/ Authorized/ Authorized/ Authorized/ Appropriated Appropriated Appropriated Appropriated Frozen Positions Positions Positions Positions Positions
Department/Positions 22/23 Adopted thru June'23 23/24 Adopted thru Jan'24 23/24 Budget
POLICE DEPARTMENT (CONTINUED)
Public Safety Dispatch Supervisor 1.00 1.00 1.00 1.00
Police Records Supervisor 1.00 1.00 1.00 1.00
Community Service Officer Supervisor 0.00 1.00 1.00 1.00 Public Safety Dispatcher 9.00 9.00 9.00 9.00
Senior Police Records Tech, Police Record Tech 2.00 2.00 2.00 2.00 Administrative Assistant I 1.00 1.00 1.00 1.00
Senior Evidence/Prop Tech, Evidence/Prop Tech 2.00 2.00 2.00 2.00 Lead Community Services Officer 1.00 0.00 0.00 0.00
Sr Community Svcs Officer, Community Svcs Officer 5.00 4.00 4.00 4.00 Parking Ambassador 0.00 3.00 4.00 4.00
Code Compliance Investigator 1.00 1.00 1.00 1.00
Administrative Assistant II 1.00 1.00 1.00 1.00
Department Total 66.00 68.00 69.00 69.00 1.00
Total City Employees 206.25 208.34 214.00 214.34 3.00
4 of 4
190
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 9, 2024
Agenda Item #:6
Agenda Item: Lake Tahoe Airport Pavement Maintenance Grant Applications Executive Summary: Lake Tahoe Airport is looking to extend the life of the current pavement through a pavement maintenance grant and local funding. This project will consist of crack seal, seal coat, and paint to help continue the life of the pavement until replacement. The airport is looking to be awarded around $941,000 from the Federal Aviation Administration (FAA), which includes Airport Improvement Program (AIP) money and Infrastructure (BIL) money. Also, the state will be matching up to 4.5 percent of the AIP money, which will be around $22,000. Finally, the airport will be adding at a future date the final portion for the project through its cash balance, which will include the matching and additional money to complete the project.
Requested Action / Suggested Motions: Pass a Resolution authorizing the Airport Manager to apply for FY 2023 Federal Aviation Administration Airport Improvement Program (AIP) Grant and FY 2023/2024/2025/2026 Federal Aviation Administration Bipartisan Infrastructure Law (BIL) Grant in the combined amount of $941,000, and FY 2023 Caltrans AIP Matching Grant for Lake Tahoe Airport in the amount of $22,000.
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 Pavement
02-Resolution Airport Pavement.docx
191
Council Agenda Report January 9, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 9, 2024
Title: Lake Tahoe Airport Pavement Maintenance Grant Application Location: Airport, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150 Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 Background: The Lake Tahoe Airport (or “TVL” or the “Airport”) is a historically significant and important transportation facility for the City of South Lake Tahoe and the surrounding region. The Airport directly impacts the area’s economic vitality as an essential transportation resource.
The existing pavements throughout the airport are inclusive of Runway 18/36, parallel taxiway and adjoining taxiway connectors, and general aviation aprons. Each of these airfield pavements was initially constructed in the 1950s. Runway 18/36 was last reconstructed in 2008. The parallel taxiway, Taxiway A, was initially constructed in 1958, and the last major rehabilitation (overlay) was completed in 1990. The general aviation apron was initially constructed in 1958 and 1974. The apron north of the terminal building was reconstructed in phases from 2010 to 2021. The Pavement Condition Indices (PCIs) for Runway 18/36 is currently estimated at 72 (satisfactory), the PCI for Taxiway A and adjoining taxiway connectors is estimated at 54 (poor), and the PCI for the general aviation apron ranges from 54 to 85 (poor to satisfactory). The current airfield pavements are showing distresses such as alligator cracking, longitudinal cracking, transverse cracking, and joint cracking. Since the Runway 18/36 rehabilitation is not scheduled for construction until 2028, and the reconstruction of Taxiway A and adjoining taxiway connectors is not scheduled for construction until 2030, a pavement maintenance project is recommended to extend the useful life of the airfield pavement sections.
This project will consist of the design, bidding, and construction of asphalt pavement maintenance activities on Runway 18/36, parallel Taxiway A and connector taxiways, and the general aviation apron. The proposed maintenance for these asphalt pavement areas includes, but is not limited to, the filling of cracks greater than ¼” in width with crack sealant, most of which are existing and need to be resealed, application of asphalt-based surface treatment, and application of pavement markings.
The proposed periodic maintenance will mitigate pavement cracking, provide a surface treatment resistant to UV rays, water, and oxidation, and extend the existing airfield pavement useful life. The pavement maintenance project will be designed by Consultant Woolpert and constructed in accordance with current requirements, regulations, rules, policies, grant assurances, and Advisory Circulars (ACs).
Issue and Discussion: The Federal Aviation Administration, under Title 49 § 47171, et seq., allows general aviation airports to appropriate 90% Federal share for Airport Improvement Program grants and requires the airport sponsor to contribute 10% match from a combination of state or local sources. The California Transportation Commission, pursuant to the Public Utilities Code section 21683.1, provides 4.5% of Federal Aviation Administration grants to airports as 192
Council Agenda Report January 9, 2024 Page 2 of 2
matching funds, certifying local funding availability of 5.5% of total project costs. The Airport Manager recommends submitting a grant application to the FAA for $422,000.00 of Non-primary Entitlement of FY 2023/2024 AIP funding, $200,000 of AIG funds (BIL allocation) for FY 2022- 2024, and submitting $319,000.00 of AIG funds (BIL allocation) for FY 2025-2026 when available.
Staff will submit a matching grant application to CALTRANS for the update of the Lake Tahoe Airport Pavement Maintenance is in the amount of $22,000.00 (4.5%).
Staff Recommendation:
Pass a Resolution approving and authorizing the Airport Manager to apply for all FAA grants (AIP and BIL) for the pavement maintenance project. Also, allow the Airport Manager to apply for the Caltrans grant for the same project.
Financial Implications: Upon approval of the FAA and Caltrans Matching grants, staff will bring this back to city council for acceptance of award and for authorization of the Finance Director to appropriate the budget in account# 501800 as follows:
2022-2026 AIP Grants: Lake Tahoe Airport Pavement Maintenance Estimated Project Cost $1,613,000.00
90% FAA grants - $ 941,000.00 total in grants
4.5% Caltrans AIP Matching Grant Participation $22,000.00
5.5% and 10% City Grant Match $650,000.00, which will be pulled from the airport's cash balance into 501800
Environmental Considerations: The project is exempt from review under 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: This pavement maintenance project will extend the useful life of the airfield pavements until the next rehabilitation and reconstruction project in 5-7 years. 193
Resolution 2024-XXX January 9, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
January 9, 2024
Authorizing the Airport Manager to Apply for FY 2023 Federal Aviation Administration Airport Improvement Program (AIP) Grant, FY 2023 Caltrans AIP Matching Grant for Lake Tahoe Airport, and FY 2023/2024/2025/2026 Federal Aviation Administration Bipartisan Infrastructure Law (BIL) Grant
BACKGROUND
A. The Airport Manager requests to apply for a 2023-2024 AIP grant to fund the Pavement Maintenance Project with the FAA and to accept when received. This project will be funded 90% from the FAA and 4.5 % from Caltrans, which will leave the City’s contributions at 5.5%.
B. The Airport Manager is requesting to apply for a 2023/2024/2025/2026 BIL grant to fund the Pavement Maintenance Project with the FAA. This project will be funded 90% from the FAA, which will leave the City’s contributions at 10.0%.
C. The Airport Manager requests authority to submit a California Department of Transportation Airport Improvement Program Matching Grant application, execute a grant agreement with the California Department of Transportation Aeronautics Division, accept the allocation of grant funds, and certify the availability of the City’s 5.5% share of total AIP project cost matching funds.
D. The California Transportation Commission has adopted the 2023-2024 Aeronautics Program for airport improvement projects, and the Federal Aviation Administration San Francisco Airports District Office has accepted the 2023 Lake Tahoe Airport Capital Improvement Program.
E. The California Department of Transportation, pursuant to the Public Utilities Code and California Aid to Airports Program (CAAP) regulations, requires local government approval authorizing the application and certifying the availability of 5.5% total AIP project matching funds and 10.0% total BIL project matching funds, a sum from other than state or federal sources.
F. The Federal Aviation Administration under Title 49 § 47171, et seq. allows for general aviation airports to appropriate a 90% Federal share for Airport Improvement Program and Bipartisan Infrastructure Law grants and requires the airport sponsor to contribute 10% match from a combination of state or local sources.
G. The Airport Manager recommends that the City of South Lake Tahoe, California, submit an application for the South Lake Tahoe Airport Pavement Maintenance Project, which is included in the 2023 Caltrans Aeronautics Program and 2023 FAA Airport Capital Improvement Plan at the Lake Tahoe Airport.
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H. Upon award, the Airport Manager will submit to the City Council a request for authorization to accept each of the awards and appropriate the City’s share for the match and additional funding as necessary.
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 Airport Manager to file the application with the Federal Aviation Administration (FAA) for the Pavement Maintenance Project for an amount not to exceed $941,000 from the FAA for the Project at the Lake Tahoe Airport.
2. Authorizes the Airport Manager to file an application for a State AIP Matching grant for this project for the project in the amount of not to exceed $22,000.
3. Authorizes the Airport Manager to sign any documents required to apply for these subject funds on behalf of the City of South Lake Tahoe.
4. Acknowledges that the City’s Match of 5.5% and additional funding as required for the project will be appropriated from the Airport's Cash Balance, for the amount up to $650,000, upon the acceptance of each grant award.
Adopted by the City of South Lake Tahoe City Council on January 9, 2023 by the following vote:
Yes:
No:
Absent:
Abstain:
_____________________________ Date:____________
Cody Bass, Mayor
Attest:
____________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 9, 2024
Agenda Item #:7
Agenda Item: Transfer of Unclaimed Check Funds
Executive Summary: Staff recommends that City Council pass the resolution authorizing transfer of unclaimed check funds from their respective fund(s) to the General Fund pursuant to California Government Code sections 50050 through 50057. Revenue in 100-01951-36212 Unclaimed Funds account will increase by $8,712.28.
Requested Action / Suggested Motions: Pass a Resolution authorizing the transfer of unclaimed check funds from their respective fund(s) to the General Fund pursuant to California Government Code sections 50050 through 50057.
Responsible Staff Member: Akemi Nishimura, Accountant I Reviewed and Approved By: Olga Tikhomirova, Director of Finance Susan Blankenship, City Clerk Heather Stroud, City Attorney
Attachments:
01-Staff Report - Unclaimed Check Funds.docx
02-Resolution - Unclaimed Checks Funds.docx
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City of South Lake Tahoe
Report to City Council
Meeting Date: January 9, 2024
Title: Transfer of Unclaimed Check Funds
Location: Citywide
Responsible Staff Member: Akemi Nishimura, Accountant I Background: On August 3, 2010 the City Council adopted the Unclaimed Checks Policy that was subsequently amended in July 2015, to establish a process to take possession of longstanding unclaimed checks. This policy is required by State Law and was recommended by the City’s independent auditors.
Section 50055 of the California Government Code allows for unclaimed checks of less than fifteen (15) dollars, which remained unclaimed for a period of one (1) year to be transferred from the funds which the money was originally drawn from by the City Council to the General Fund without the necessity of publication of a notice in a newspaper.
Section 50050 of the California Government Code allows for unclaimed checks held over three (3) years in a special fund to be transferred to the general fund after notice is published and checks are not claimed, or no verified complaint is filed and served.
Issue and Discussion: Notice was published twice in the Tahoe Daily Tribune on November 10, 2023 and November 17, 2023, as required by section 50050 of the California Government Code for the notification of the unclaimed checks. All claims received before December 25th, a date not less than forty-five days after the first publication of the notice, were verified and processed as per sections 50051 and 50052 that describes the publication requirements and the claiming process by a party of interest.
Checks on the attached resolution remain outstanding and unclaimed and meet the criteria of sections 50050 and 50055 of the California Government Code that allows the City Council to transfer these funds from their respective funds to the General Fund.
There is no acceptable alternative. Leaving these unclaimed checks on the books as outstanding ties up City funds unnecessarily.
Financial Implications: Revenue in 100-01951-36212 Unclaimed Funds account will increase by $8,712.28.
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).
Policy Implications: Consistent with City’s Financial Policies. 197
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Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
January 9, 2024
Authorizing the Transfer of Unclaimed Check Funds from their Respective Fund(s) to the General Fund Pursuant to California Government Code Sections 50050 Through 50057
BACKGROUND
A. The checks in Section 1 on the attached list have been outstanding and unclaimed for more than three years and the City has provided public notice as required in California Government Code Sections 50050 and 50051 in addition to following the City’s Unclaimed Check Policy.
B. The City adopts this resolution in accordance with California Government Code sections 50050 through 50057.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Declares the unclaimed checks on the attached list (Attachment 1) in the total amount of $8,712.28 as the property of the City of South Lake Tahoe and authorizes and directs the Director of Finance to transfer the funds in those unclaimed checks from their respective funds to the General Fund’s non-departmental revenue account.
Adopted by the City of South Lake Tahoe City Council on January 9, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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Attachment 1
Payee ID Payee Name Check Date Check Amount Fund Type
89133 1593 FILCE, CHARLES 1/2/2020 87.34 General
89138 1727 WIEBE, CAMERON 1/2/2020 17.21 General
89158 1593 FILCE, CHARLES 1/16/2020 68.52 General
269397 12502 CARL DRESSELHAUS 11/8/2019 519.21 General
269986 12527 JESSICA HOWITT 1/10/2020 1,320.00 General
271959 12692 PAUL BUNTON 8/3/2020 3,300.00 General
272062 11468 PROVISION PROPERTIES LLC 8/10/2020 3,400.00 General TOTAL $ 8,712.28
Check Number
Outstanding and Unclaimed Checks List (2023)
Section 1
Checks from 10/01/2019 through 09/30/2020 outstanding for over 3 years and unclaimed - All Funds 199
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 9, 2024
Agenda Item #:8
Agenda Item: Amendments to City Council Protocols Regarding Tribal Land Acknowledgement and City Council Travel Protocols
Executive Summary: At its meeting on December 12, 2023, Council provided direction to staff to bring back City Council Protocols adding an abbreviated Washoe Land Acknowledgement statement at the beginning of each Council meeting and a full Washoe Land Acknowledgement at city sponsored events.
Council also requested changes to City Council Travel Protocols related to authorizations and equal travel budget distribution among members.
Requested Action / Suggested Motions: Pass a Motion approving the requested amendments to the City Council Protocols from the City Council meeting on December 12, 2023.
Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Hilary Roverud, Assistant City Manager Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - City Council Protocols.docx
02-Proposed 2024 City Council Protocols Redline.docx
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City of South Lake Tahoe
Report to City Council
Meeting Date: January 9, 2024
Title: City Council Protocols Update
Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk, Hilary Roverud, Assistant City Manager, and Olga Tikhomirova, Director of Finance
Background: At their December 12, 2023, meeting, Council provided direction to staff to bring back City Council Protocols adding an abbreviated Washoe Land Acknowledgement statement at the beginning of each Council meeting and a full Washoe Land Acknowledgement at city sponsored events. Council also requested changes to City Council Travel Protocols related to authorizations and equal travel budget distribution among members.
Issue and Discussion: The Assistant City Manager consulted with the Washoe Tribe regarding the Washoe Land Acknowledgement statement. The Director of Finance drafted the revisions to the Travel Protocols for consistency with audit compliance.
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)(2) (general policy and procedure making).
Financial Implications: There are no financial implications associated with this action.
Policy Implications: The Council's Protocols are in addition to and in accordance with the Ralph M. Brown Act and Rosenberg's Rules of Order.
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Updated 1 09 2023 City Council Meeting
PROTOCOLS
for the City of South Lake Tahoe
City Council
South Tahoe Redevelopment Successor Agency (STRSA)
South Tahoe Joint Powers Financing Authority (STJPFA)
South Tahoe Joint Powers Parking Authority (STJPPA)
Parking Authority of the City of South Lake Tahoe (Parking Authority)
I. COUNCIL/STRSA/STJPFA/STJPPA/PA MEETINGS
1. Regular Meetings - Regular meetings of the City Council, South Tahoe Redevelopment Successor Agency, South Tahoe Joint Powers Financing Authority, South Tahoe Joint Powers Parking Authority, and Parking Authority of the City of South Lake Tahoe shall be held, without the necessity for notice on: the second and fourth Tuesday in January, February, March, August, and September; the first and third Tuesday in May, June and November; the fourth Tuesday in April and October; and the second Tuesday in December. Regular meetings will be held at City Hall, Council Chambers, located at 1901 Lisa Maloff Way, South Lake Tahoe, California. The first meeting of every month will begin at 9 a.m., the second meeting will begin at 5:30 p.m. If there is only one meeting in a month, it will begin at 5:30 p.m.
The second meeting in August (Budget Workshop) will begin at 9 a.m. a. Posted Agendas: The City Clerk shall post the agenda for every City Council/STRSA/STJPFA/STJPPA meeting in the inside and outside enclosed bulletin boards at the City Hall, located at 1901 Lisa Maloff Way and on the Services Center bulletin board outside kiosk at the Services Center at located at 1052 Tata Lane.
Agendas are available at no charge from the City Clerk’s Office in City Hall and on the City Clerk’s Web Page at www.cityofslt.us.
b. Location During Local Emergency - If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the City Council Chambers, or if the Council Chambers are being used as the Emergency Operations Center, the meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor or, if the Mayor does not so designate, by the City Manager. The City Clerk will provide public notice of change in meeting location, consistent with the Brown Act.
2. Chair - The Mayor shall preside over all Council meetings. The Mayor shall have authority to preserve order at all Council meetings, to remove any person from any meeting of the Council for disorderly conduct, to enforce the rules of the Council and to determine the order of business under the rules of the Council.
Absence of Mayor - The Mayor Pro Tem shall act as Mayor in the absence or disability of the Mayor.
3. Washoe Tribe Land Acknowledgement – At the beginning of every City Council meeting, a Washoe Tribe Land Acknowledgement statement will be read into the record as follows:
“The City of South Lake Tahoe acknowledges the lands we occupy today are the 202
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2 lands and home of the Wašíšiw, the people from here known today as the Washoe Tribe of Nevada and California, a sovereign nation. Since the beginning of time and for thousands of years before the arrival of any other people, the Washoe lived here and cared for this place, with values and intention that we can all learn from. On behalf of the City Council, I would like to acknowledge, thank, and honor the Indigenous Washoe Tribal Communities that are the past, present, and future stewards of the Lake Tahoe Basin.”
The full Washoe Tribe Land Acknowledgement will be read during ceremonial events by a member of City Council.
4. Attendance by the Public - All meetings of the Council shall be open and public in accordance with the terms, provisions, and exceptions consistent with the Ralph M.
Brown Act (Government Code sections 54950, et seq.).
5. Action Agenda Items - In accordance with the Ralph M. Brown Act, the Council may not act on any item that did not appear on the posted Council agenda 72 hours prior to the regular Council meeting unless an exception is made as permitted under Government Code section 54954.2.
6. Special Presentations - All special presentation request will be sent to the City Clerk via email and brought forward at the next regularly scheduled meeting under City Manager, City Attorney, City Clerk Reports. Upon support of two Councilmembers, direction shall be given to the City Clerk to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made. Special Presentations will be limited to one per meeting, to be held at the beginning of the meeting and shall not exceed 15 minutes for each Council Meeting.
7. Councilmember Reports - The Council Reports section of the agenda provides Council the opportunity to briefly comment on Council business, city operations, city projects, attendance at meeting(s) attended as a City-appointed Representative and other items of interest to the Council. This is also the opportunity for a Councilmember to request a specific issue come back on a future agenda for consideration and possible action as set forth in paragraph 8 below or to request a majority consensus of the Council to direct staff to research, explore, examine or make inquiry into a specific item of interest.
8. Proclamations and Certificates of Appreciation – Under Councilmember Reports, any Councilmember may request the City Manager place a City Council Proclamation or Certificate of Appreciation on a future agenda in accordance with the procedures in Paragraph I(8) of these Protocols (Placement of Item on Future Agenda). When time is of the essence, the Mayor may sign a proclamation on behalf of the City and it will be placed on the next City Council meeting agenda as an informational item by the City Clerk.
City Council Proclamations and Certificates of Appreciation are signed by the Mayor and may be presented at a City Council meeting or delivered directly to a community member/organization.
All Proclamations and Certificates of Appreciation will be prepared by the City Clerk or designee.
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3 9. Placement of Item on Future Agenda – Under Agenda Planning Calendar or Councilmember Reports, 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.
9. Consent Calendar - Agenda items removed from the consent calendar by Councilmembers will be considered at the conclusion of the vote passing the Consent Agenda. Any discussion on an item will require pulling the item from the consent calendar. A Councilmember may comment or ask clarifying questions prior to taking the vote to pass the Consent Agenda. A Councilmember may vote “No” on any consent item without discussion prior to taking the vote to pass the Consent Agenda.
10. City Manager, City Clerk and City Attorney Reports/Updates on Topics of Interest - Each agenda shall have a section for topics of interest to be listed in order for the City Manager, City Clerk and City Attorney to provide a brief report/update on the listed topics. Council may ask questions or hold brief discussion at this time.
11. Adjournment – The Council will establish the hour of adjournment by a majority vote of the Council. Council meetings will end no later than 10 p.m. unless by majority vote of Council present.
12.Teleconferencing - As provided in the Brown Act, teleconferencing (a meeting connected by electronic means, through either audio or video, or both, when the members are in different locations) may be used for all purposes during any meeting. At least a quorum of the legislative body must participate from locations within the local agency’s jurisdiction (i.e. City of South Lake Tahoe limits). All votes must be by roll call. Except when a councilmember is participating remotely under the just cause or emergency circumstances provisions of the Brown Act, the following rules apply. Each teleconference location must be specifically identified in the notice and agenda of the meeting, including a full address and room number, if applicable. Agendas must be posted at each teleconference location, even if a hotel room or a residence. Each teleconference location must be accessible to the public and have technology, such as a speakerphone, to enable the public to participate. The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.
13.Electronic Communications & Devices – City Council members will not utilize electronic mail (email or text messages) to send messages during the Council meeting. Due process requires Council’s full deliberation during Council meetings on items before the Council for consideration.
City Councilmembers will not utilize the internet during Council meetings to receive information on items on the agenda that are not disclosed to the entire City Council and public. Outside of City Council meetings, Councilmembers should not communicate via electronic communication (email/text) with more than one other member of the City Council on any issue regarding City business.
II. RULES OF CONDUCT
1. General Procedure - It is the policy of the Council not to become involved in the entanglements over parliamentary procedure. The Council shall conduct their meetings consistent with Rosenberg’s Rules of Order, as modified in these protocols and are subject to the City Attorney’s ruling on the matter.
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4 2. Addressing Members of the Public and Staff - In addressing the public and members of the City’s staff, Councilmembers will generally refer to persons as Mr., Mrs., or Ms. followed by their surname.
3. Authority of the Chair - The Mayor shall have the authority to prevent the misuse of motions, or the abuse of any privilege, or obstruction of the business of the Council by ruling any such matter out of order. In so ruling, the Mayor shall be courteous and fair and should presume that the moving party is acting in good faith.
4. Mayor to Facilitate Council Meetings - The Council has delegated the responsibility and expanded the role of the Mayor to include the facilitation of Council meetings. In the role as facilitator, the Mayor will assist the Council to focus on their agenda, discussions and deliberations.
5. Council Deliberation & Order of Speakers - The Mayor has been delegated the responsibility to control the debate and the order of speakers.
6. Limit Deliberations to Item at Hand - Councilmembers will limit their comments to the subject matter, item or motion being currently considered by theCouncil.
7. Length of Council Comments - Councilmembers will govern themselves as to the length of their comments or presentation. As a courtesy, the Mayor will signal by hand to a Councilmember who has been speaking for over five (5) minutes. The intent of the hand signal is a courtesy to let the Councilmember know they have been speaking for approximately five minutes and may want to consider wrapping up their comments. This procedure is not meant to limit debate or to cut comments short, but rather to assist Councilmembers in their efforts to communicate concisely.
8. Obtaining the Floor - Any member of the Council wishing to speak must first indicate to the Mayor their desire to speak by electronically pressing their “call to speak” button. The Councilmember shall then wait for the Mayor to recognize and call upon the Councilmember to obtain the floor. The Mayor must recognize any Councilmember who seeks the floor when appropriately entitled to do so.
9. Motions - Motions may be made by any member of the Council, including the presiding officer, providing that before the presiding officer offers a motion, the opportunity for making a motion should be offered to other members of the Council. Any member of the Council, other than the person offering the motion, may second a motion.
10.Procedure for Motion The following is the general procedure for making motions:
a. After a motion has been properly made and seconded, the Mayor shall open the matter for discussion offering the first opportunity to the moving party and, thereafter, to any Councilmember properly recognized by theMayor.
b. Once the matter has been fully discussed and the Mayor calls for a vote, no further discussion will be allowed, however, Councilmembers may be allowed to explain their vote.
11. Tie Votes - A tie vote results in a lost motion. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action.
If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.
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5 12. Abstention – If a Councilmember abstains from voting, except when abstaining due to a conflict of interest, he/she is counted as present for quorum purposes, but, is not deemed to be “voting” for purposes of determining whether there has been a “majority vote of those members present and voting.” If the member abstains due to a conflict of interest, the Councilmember will not be counted toward making a quorum and will not be deemed to be “voting” for purpose of determining whether there has been a “majority vote of those members present and voting.”
13. Motions for Reconsideration
a.Requests for Motions for reconsideration of a matter may be made at the same meeting or by request to the City Manager within 48 hours after the conclusion of the meeting following a Council action and shall be scheduled for the next meeting. b.A proposed motion for reconsideration at the next succeeding meeting must comply with Brown Act noticing requirements.
c.Motions for reconsideration may only be made by a Council member that voted with the majority of the City Council on the action proposed to be reconsidered by the Council.
In the case of a tie vote, the prevailing side or majority of the Council will be deemed to be those Councilmembers who voted in thenegative.
d.Any member of the Council may second a motion for reconsideration.
III. PUBLIC HEARINGS
1. General Procedure - The Council procedure for the conduct of public hearings is generally as follows:
a. The Mayor opens the public hearing.
b. Staff presents its report.
c. Councilmembers may ask questions of staff if they so desire. d. The applicant then has the opportunity to present comments, testimony or arguments. e. Members of the public are provided with the opportunity to present their comments, testimony or argument.
f. The applicant and staff may be given an opportunity for rebuttal or concluding comments g. The public hearing is closed. No further public comment is allowed. h. The Council deliberates on the issue and takes action. i. If the Council raises new issues through deliberation and seeks to take additional public testimony (questions of the public, applicant or appellant), the Public Hearing must be reopened. At the conclusion of the public testimony, the Public Hearing is again closed. j. The Council deliberates and takes action.
k. The City Clerk announces the final decision of the Council.
2. Time for Consideration - Matters noticed to be heard by the Council will commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and will continue until the matter has been completed or until other disposition of the matter has been made.
3. Public Discussion at Hearings - When a matter for public hearing comes before the Council, the Mayor will open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence 206
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6 respecting thematter.
a. Public Member Request to Speak - Any person desiring to speak, or present evidence shall make his/her presence known to the Mayor and upon being recognized by the Mayor, the person may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the Mayor.
b. Council Questions of Speakers - Members of the Council who wish to ask questions of the speakers or each other during the public hearing portion may do so but only after first being recognized by the Mayor. Interaction with the speaker shall be limited to a question or questions, rather than an ongoing dialogue. Councilmembers should avoid raising questions as a method to extend the allocated time for a speaker. c. Public Oral Presentation- All Council rules pertaining to oral presentation by members of the public apply during public hearings.
d. Materials for Public Record - All persons interested in the matter being heard by the Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. The City Clerk as part of the Clerk's record of the hearing will retain all such evidence presented, unless otherwisedirected.
e. Germane Comments - No person will be permitted during the hearing to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance shall be made by theMayor.
4. Communications and Petitions - Written communications and petitions concerning the subject matter of the hearing will be noted at the meeting by the City Clerk as part of the permanent public record. A reading in full shall take place if requested by any member of the Council.
IV. ADDRESSING THE CITY COUNCIL
1. Staff Reports and/or Applicant Presentations - Staff is requested to provide an executive summary of their written staff report. Applicant presentations shall be limited to no more than fifteen (15) minutes. Longer presentations must be approved by the City Manager prior to the Council meeting.
2. Oral Comments by Members of the Public - Oral comments by members of the public at City Council meetings on an item listed on the agenda are as follows:
a. Oral comments may not exceed three (3) minutes, unless otherwise provided. b. When called upon, the person may state their name for the record, and, if speaking for an organization or other group, identify the organization or group represented. c. All remarks should be addressed to the Council as a whole, not to individual members.
3. Use of Remote Public Participation for Oral Comments Beginning with remote meetings held during the COVID-19 pandemic, the City has provided the opportunity for remote public comment via the Zoom platform. Since returning to in-person meetings, the City maintained the ability to provide remote public comment via Zoom for the convenience of members of the public, although it is not legally required except for noticed teleconference meetings or at a meeting in which a council member is participating under the “just cause” or “emergency circumstances” provisions in Government Code section 54953.Except under these circumstances where remote public participation is legally required, the Mayor reserves the right to conduct the meeting with in-person public participation only if there is a technology malfunction that precludes the use of remote public participation.
4. Public Communications - This is the public’s chance to speak on any topic not listed on this agenda. In compliance with Government Code Section 54954.3 (Chapter known as the “Brown 207
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7 Act”), Public Communications is that portion of City Council meeting set aside for members of the public to address the City Council on items of any City business other than scheduled agenda items. This portion of the meeting is recorded, televised on Channel 21 and web streamed live and on demand.
a. Timing - Public Communications will be held at the beginning each regular Council meeting, as specified on the City Council agenda as set forth above, in accordance with the Brown Act. The Mayor shall request that comments should be held to four (4) minutes, or less. If the Mayor has knowledge at the beginning of the public comment period that several members of the public are present to comment on a particular issue, he/she may ask for a show of hands of those individuals requesting to comment on the issue. If ten (10) or more individuals are present to speak on the issue, the Mayor may limit their comment time to two (2) minutes, or he/she may ask that a spokesperson be appointed to represent and speak on behalf of those individuals collectively. b. Council Deliberations Prohibited – In compliance with the Brown Act, the Council may not deliberate or vote on any matter raised in Public Comments. The Mayor, however, may request the City Manager to provide additional information on a matter of general interest to the full Council or the public at large. To ensure compliance with the Brown Act, items requiring discussion or action by the Council should be scheduled for a future agenda.
5. Agenda Item Oral Presentations - Any member of the public wishing to address the Council orally on City business matters appearing on the Council agenda may do so when that item is taken up by the Council, or as otherwise specified by the Council or its presiding officer. a. Time Limit - Oral presentations may not exceed three (3) minutes unless otherwise provided. The Mayor, with the concurrence of the City Council, may alter any of the numerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item.
b. Presentations Submitted in Writing - Persons who anticipate oral presentations exceeding three (3) minutes are encouraged to submit comments in writing at the earliest possible time, for distribution to the Council and other interested parties. Comments should be submitted sufficiently in advance of the scheduled meeting date to insure distribution to the Council prior to themeeting.
6. Power Point Presentations – Members of the public may present a Power Point software presentation to the Council utilizing the City’s audio/visual equipment, provided that the public make their request to the City Clerk 72 hours in advance of the meeting in order to coordinate with the Information Systems Division for the use of the equipment. a. All Power Point presentations must comply with applicable time limits for oral presentations and cumulative time limits. Presentations should be planned with flexibility to adjust to any changes in these time limits.
b. A printed hard copy of the Power Point presentation must be provided to the City Clerk for the public record.
7. Comments in Writing Encouraged - Members of the public may submit, and are encouraged to submit, comments in writing to the City Council in care of the City Clerk at [email protected] relating to any items of City business, whether on the City Council agenda or otherwise. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)] All written communications received prior to or at the meeting will be 208
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8 recorded in the meeting Minutes prepared by the City Clerk and will be retained as part of the permanent administrative record in the City Clerk’s repository available to the public on the City’s website.
8. Repetitious or Dilatory Comments Prohibited
a. A speaker shall not present the same or substantially same items or arguments to the Council repeatedly or be repetitious or dilatory in presenting their oral comments. If a matter has been presented orally before the Council, whether the Council has taken action, or determined to take no action, the same or substantially same matter may not be presented orally by the same person any further.
Nothing in the foregoing precludes submission of comments to the City Council in writing for such action or non-action as the Council, in its discretion, may deem appropriate. b. In order to expedite matters and to avoid repetitious presentations, the designation of a spokesperson is encouraged.
Whenever any group of persons wishes to address the Council on the same subject matter, those persons are encouraged to designate a spokesperson to address the City Council.
With the consent of the City Council, the Mayor may extend the time allocation for a designated spokesperson.
9. Suspending of the Rules - Any of the foregoing rules may be waived by two-thirds (2/3) vote of the Councilmembers present when it is deemed that there is good cause to do so based upon the particular facts and circumstancesinvolved.
10. Non Exclusive Rules - The rules set forth are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its presiding officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.
V. APPEALS
1. General Procedure - The Council procedure for the conduct of appeals is generally as follows:
a.The Mayor explains the Council is considering the appeal of ___regarding___, and confirms that notice of the appeal hearing has been given to the appellant. b.Council hears evidence and testimony in the following order:
i. Any opening statement or remarks by the appellant and/or appellant's attorney and evidence or testimony from the appellant (requested time limit - 10 minutes) followed by any questions by Councilmembers or others (including staff) who wish to ask questions (suggested time - 3 minutes per Councilmember). ii. Any evidence or testimony from staff members concerning any issues raised surrounding this matter (time scheduled - 10 minutes), followed by comments by the applicant, if the applicant and appellant are different parties. (requested time limit – 10 minutes), followed by any questions by the appellant and Councilmembers (suggested time - 3 minutes per speaker). iii. Any evidence or testimony from the appellant and/or appellants attorney in rebuttal to or in clarification of any other evidence or testimony presented, and any closing statement or remarks that the appellant wishes to make (requested time limit - 5 minutes).
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9 iv. Public Comment (time limit – 3 minutes per speaker) c. The Mayor shall conduct the appeal in such a manner as to afford due process to the appellant.
d. Following the presentation of testimony, the Council deliberates on the evidence and testimony presented, and votes on whether to grant the appeal, provided they have all the necessary information. If issues are raised during the appeal hearing that cannot be immediately responded to by Staff, the Hearing should be continued to have such information available for the appealprocess.
e. The City Clerk announces the final decision of the Council.
VI. CLOSED SESSION
1. Announcement prior to closed sessions
a. Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law.
b. After any closed session, the legislative body shall reconvene into open session and shall make any disclosures required by Gov Code section 54957.1 of action taken in the closed session.
c. The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements.
2. Statement of Reasons for Closed Sessions
a. Prior to adjourning to any closed session, the City Council shall announce in open session the general reason or reasons for the closed session, and must cite and explain the statutory or case authority under which the session is being closed. b. In the case of a closed session item added to the agenda pursuant to Government Code Section 54954.2(b) herein, the statement shall be made in open session concurrent with the findings required pursuant to thatsection.
c. If a closed session item or session has been adjourned or continued from a prior meeting, the body shall re-state the reasons for closed session before reconvening the closed session.
d. Nothing in this section shall require or authorize a disclosure of information that is confidential under law.
3. Conduct of closed session.
The Council shall consider in closed session only those matters authorized by the Ralph M. Brown Act.
4. Disclosure of closed session discussions and actions. a. In accordance with Government Code Section 54963 and as provided below, a person present at a closed session may not disclose confidential information received. b. In addition to the required disclosures pursuant to Government Code Section 54957.1 and subsection C below, the Council may, by motion and vote in open session, elect to disclose any other information obtained in closed session which a majority of the 210
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10 members of the body deems to be in the public interest. Any disclosure pursuant to this section shall be made through the Mayor or such other person present in the closed session, designated to convey the information.
c. Immediately following the closed session, the Council or City Attorney shall publicly report any action taken in closed session and the vote or abstention of every member present thereon, as follows:
i. Real Property Negotiations: Approval of an agreement concerning real estate negotiations pursuant to Government Code section 54956.8 shall be reported as soon as the agreement is final in accordance with Government Code section 54957.1(a)(1). If notwithstanding the final approval there are conditions precedent to the final consummation of the transaction, or if there are multiple contiguous or closely located properties that are being considered for transfer, the report specified in this section need not be made until the conditions have been satisfied or an agreement has been reached with respect to all the properties, or both. ii. Litigation: Direction or approval given to the Council's legal counsel to prosecute, defend, seek or refrain from seeking appellate review or relief, or to otherwise enter as a party, intervenor or amicus curiae in any form of litigation as the result of a consultation under Government Code section 54956.9 shall be reported in open session in accordance with Government Code section 54957.1(a)(2). iii. Settlement: Council approval given to its legal counsel of a settlement of pending litigation, as defined in Government Code section 54956.9, shall be reported in open session after the settlement is final in accordance with Government Code section 54957.1(a)(3).
iv. Personnel Actions: Council action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee shall be reported in open session in accordance with Government Code section 54957.1(a)(5).
v. Labor Negotiations: Council action taken to approve an agreement concluding labor negotiations with represented employees shall be reported in open session in accordance with Government Code section 54957.1(a)(6). d. Reports required to be made pursuant to this section may be made orally or in writing.
Copies of any contracts, settlement agreements, or other documents related to the items or transactions that were finally approved or adopted in closed session and which contain the information required to be disclosed under this section shall be made available for inspection and copying, upon request, at the time the report is made or after any substantive amendments have been retyped into the document. e. A written summary of the information required to be reported immediately pursuant to this section, or documents containing that information, shall be made available for inspection and copying by the close of business on the next business day following the meeting. f. Action taken in closed session which is not immediately disclosable under this section shall be disclosed and noticed under the procedures set forth in (C) above at such time as disclosure is required.
5. Violations of Disclosure of Confidential Information a. A person may not disclose confidential information that has been acquired by being present in a closed session authorized by Government Code Sections 54956.7, 54956.8, 54956.86, 54956.87, 54956.9, 54957,54957.6,54957.8, or 54957.10 to a person not entitled to receive it, unless the Council authorizes disclosure of that confidential information as set forth above.
b. "Confidential Information" means a communication made in a closed session that is specifically related to the basis for the Council to meet lawfully in closed session under 211
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11 the Ralph M. Brown Act.
c. Disclosure of confidential information in violation of the Brown Act may be addressed by the use of such remedies as are currently available by law, including, but not limited to:
i. City Council may by three affirmative votes censure a member of the Council who is disclosing confidential information. Censure may include other penalties, including but not limited to, the removal of the member of the legislative from committees, prohibiting travel of Council Member on official City business, removal of Council Member picture from any public displays, the prohibition of Council Member speaking at any function on the behalf of the Council. The City Council shall review any censure of a Council Member at the first regular Council Meeting after 30 days from the censure.
ii. Direction to City Attorney to refer a member of the Council who has willfully disclosed confidential information in violation of this section to the District Attorney and/or grand jury.
iii. Direction to City Attorney to file for Injunctive relief against a member of the City Council allegedly disclosing confidential information to prevent further disclosure of confidential information prohibited by this section.
iv. Disciplinary action against the City Manager or City Attorney who has willfully disclosed confidential information in violation of this section. d. Disciplinary action pursuant to section (c) of subdivision (ii) shall require that the employee in question has either received training as to the requirements of this section or otherwise has been given notice of the requirements of this section. e. The Council may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a violation of this section, for doing any of the following:
i. Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by the Council or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by the Council. ii. Expressing an opinion concerning the propriety or legality of actions taken by the Council in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action.
iii. Disclosing information acquired by being present in a closed session under this chapter that is not confidential information.
f. Nothing herein shall be construed to prohibit disclosures under the whistleblower statutes contained in Section 1102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of the Government Code.
6. Procedures for Censure of a Council Member
Any member of the City Council may request to place on a future agenda, a censure hearing of a Council Member. The request must include specific allegations of conduct in violation of federal, state or City ordinances or policies upon which the proposed censure is based. If at least one (1) additional Council Member supports the request, direction shall be given to City Manager to calendar the item for a future agenda or Council shall appoint an ad hoc committee to investigate the charges.
If a majority of the Council determines an investigation is warranted, Council shall designate an ad hoc committee consisting of two of its members, including the Mayor (unless the Mayor is the 212
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12 subject of the charges in which case the Mayor Pro Tem shall be appointed), to conduct the investigation. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee to conduct the investigation.
In the course of the investigation, the committee must determine the process by which statements are taken. A witness may choose to provide a signed declaration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration, the Council may issue a subpoena to compel the witness' testimony, consistent with its subpoena power granted under the Government Code.
At the conclusion of the investigation, the results shall be presented in writing to the full Council.
Based on the results, any two individual Council members may file a request for censure hearing in accordance with the provisions of this policy.
a. The following guidelines apply to ad hoc committee investigations:
i. The committee may be staffed by administrative and legal staff. ii. If authorized by City Council, the committee may subpoena witnesses and documents.
iii. In making a determination, the committee should determine if taking all the facts and evidence into consideration, there are reasonable grounds to believe or not believe that the conduct, violation, or offense occurred. iv. The committee shall issue a final report and recommendations to the City Council.
The final report shall be made available to the public. b. If a censure hearing is set, it must be set far enough in advance to give the member of Council subject to the charges adequate time to prepare a defense, and that member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The member subject to the charges may be represented and may have the representative speak or question on his or her behalf.
The Mayor, or Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.
A decision to censure requires the adoption of a Resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the affirmative vote of at least three (3) Council Members
In accordance with Government Code section 995, upon request of a Council Member, the City shall reimburse the Council Member’s reasonable attorney fees and costs in defending himself/herself.
VII. POLICY DECISION MAKING PROCESSES
1. Mayor and Mayor Pro Tem Term of Office - The Mayor and Mayor Pro-Tem shall serve a (1) one-year term of office. Pursuant to City Code section 2.05.050(A) The city council shall, at its first meeting, select a mayor and mayor pro tempore.
2. Subcommittees - City Council subcommittees are formed on an as needed basis with a clearly defined purpose and term. Subcommittees will consist of two Councilmembers agreed upon by a consensus of the Council. Meetings of the Council subcommittees are not open to the public, unless specified by the Council.
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13 3. Councilmember Appointments & Assignments - The City Council at their December meeting of each year shall discuss and make appointments and assignments to various boards and commissions and then will vote and approve the final list. A copy of the list is made a part of the public record and kept on file in the City Clerk’s Office.
3. Mayor to Act as Council Ceremonial Representative - The Mayor has been delegated the responsibility to act as the City Council’s ceremonial representative at public events and functions.
In the Mayor’s absence, the Mayor Pro Tem assumes this responsibility. In both the Mayor and Mayor Pro Tem's absence, the Mayor will appoint another Councilmember to assume this responsibility. The Mayor may use the Council’s Meetings and Travel Budget to pay for such functions.
4. Councilmember Participation in Community Activities - From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. This is allowable under the Brown Act. The Brown Act permits a majority of a legislative body to attend and speak at an open and publicized meeting conducted by another organization. The Brown Act may nevertheless be violated if the majority engages in a collective deliberation process outside a scheduled meeting of the body. The term meeting is not limited to gatherings at which action is taken but also includes deliberative gatherings.
5. Workshops – A workshop is a time to study or examine a particular issue in greater depth and to allow additional time for questions. A workshop may be held during a regular or special meeting and generally no formal action will be taken on workshop items or during a workshop. Questions raised during workshops by Councilmembers and/or members of the public will be directed to staff.
Staff may request a brief recess in order to provide verbal answers not readily available, or, the information may be provided to the Council at the time the item is placed back on the agenda for further discussion and action.
6. City Attorney as Protocol Advisor – The City Attorney assists the Mayor as a resource to confer with and an advisor for interpreting the City Council’s adopted protocols.
7. Applicability of Protocols - The City of South Lake Tahoe City Council Protocols shall also apply to the City Council when sitting as other entities oragencies.
8. Conflicts of Interest – No Councilmember shall make, participate in making, or in any way attempt to use his or her official position to influence a decision on any issue when prohibited from so doing by law. A Councilmember disqualified from participation due to a conflict of interest shall not be considered present at the meeting for the item(s) of business on which such member isdisqualified.
References: Ralph M. Brown Act
Rosenberg’s Rules of Order
CITY COUNCIL TRAVEL
The City’s adopted Financial Travel Policies, provide policies for travel and reimbursements for City employees and Elected City Officials. Elected City Officials attending “off-site” business meetings or events at the expense of the City are subject to the requirements in California Government Code Article 2.3 section 53232.2 and section 53232.3, including”
1. If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then the governing body shall adopt a written policy, in a public meeting, specifying the types of occurrences that qualify a 214
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14 member of the legislative body to receive reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses.
2. If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then a local agency shall provide expense report forms to be filed by the members of the legislative body for reimbursement for actual and necessary expenses incurred on behalf of the local agency in the performance of official duties. Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel.
3. Expense reports shall document that expenses meet the existing policy, adopted pursuant to Section 53232.2, for expenditure of public resources.
4. Members of a legislative body shall submit expense reports within a reasonable time after incurring the expense, as determined by the legislative body, and the reports shall be accompanied by the receipts documenting each expense.
5. Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.
The following additional guidelines are recommended for City Council considerations and/or included in the City’s Travel Policies:
a. Approving Official: The Mayor shall be the City Manager’s Approving Official for Travel. Finance Director is the authorized signor for the City Manager’s Reimbursement Requests. The City Manager shall be the Approving Official for City Councilmember Travel and Reimbursement Requests.
b. General Travel on Behalf of the City: Councilmembers traveling on behalf of the City expecting reimbursement of expenses must first obtain approval verification of the travel by the City Manager and coordinate their travel through the City Clerk’s Office who will generally charge all expenses to the City (rather than reimburse Councilmembers). As noted in the policy any unused reservation will be paid for by the Councilmember.
c. Councilmembers appointed by the City Council to serve on a committee or board on behalf of the City or as a representative of the City: Councilmembers shall be entitled to reimbursement for mileage and meals for meetings outside of Lake Tahoe Basin in accordance with the adopted Travel Policy. Councilmembers may request reimbursement for one overnight stay for a meeting requiring an overnight stay.
d. Councilmembers serving on a committee or board of their own choosing: Councilmembers may request reimbursement for travel expenses from the City Council. e. Conferences/Professional Events: Councilmembers who wish to attend a conference or professional event related to their work as a public official shall request approval verification of their travel in advance by the City Manager. The City Clerk shall process and submit for approval to the City Manager all travel advance or travel reimbursement requests forms. f. Miscellaneous expenses: Councilmembers may request reimbursement from the City Council for miscellaneous expenses related to their work as a City Councilmember that could include, but are not limited to, representing the City’s interests at organized activities, events, meetings and formal and informal gatherings.
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15 g. Travel Budget: The City Council total travel and training budget will be conditionally equally divided between five council members. Councilmembers wishing to use additional budget must first obtain approval by the City Council.
h. Standard of Prudence: City Officials are responsible for exercising good judgment in requesting, arranging, and reimbursing a business trip. Accordingly, the basic standard that should prevail is to provide prudent stewardship of public funds and the City’s resources. 216
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 9, 2024
Agenda Item #:9
Agenda Item: Community Development Block Grant Program Coronavirus Response Allocation of Remaining Funding to Tahoe Coalition for the Homeless for Bear's Den Inn Rehabilitation in an Amount Not to Exceed $632,040
Executive Summary: On November 15, 2023, the California Department of Housing and Community Development (HCD) informed current CDBG-CV grantees that a small amount of unclaimed funding is available for construction projects that have experienced unanticipated cost increases that can be substantiated and documented. Tahoe Coalition for the Homeless purchased the Bear's Den Inn with Project HomeKey funds for use as interim housing and has experienced significant challenges to their budget created in 2020 for the CDBG grant. This rehabilitation project has encountered several challenges that have impacted the original scope of work, which include various unforeseen challenges and damage related to property upgrades and lack of labor that qualify for participation in a federally funded rehabilitation grant.
Requested Action / Suggested Motions:
1) Pass a Resolution amending the Standard Agreement issued under the 2020 Community Development Block Grant Program Coronavirus Response to add an amount not to exceed $632,040, for a total amount not to exceed $1,137,672; and 2) Pass a Motion authorizing and directing the City Manager to execute Amendment No. 2 to the Subrecipient Agreement between City of South Lake Tahoe and Tahoe Coalition for the Homeless for any additional funds allocated from the 2020 Community Development Block Grant Program – Coronavirus Response Round 2 & 3 authorized by Resolution 2022-003, in an amount not to exceed $632,040.
Responsible Staff Member: Jessica Wackenhut Lomeli, Interim Housing Manager 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 - CDBG Funding.docx
02-Resolution - CDBG-CV Allocation of Remaining Funding.docx 03-Amendment 2 to Subrecipient Agreement with TCH.docx
04-Scope of Remaining Work Increased Costs Bears Den.pdf 05-Attachments A-I_Bids.pdf
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City of South Lake Tahoe
Report to City Council
Meeting Date: January 9, 2024
Title: Community Development Block Grant Program Coronavirus Response Allocation of Remaining Funding for Tahoe Coalition for the Homeless Bears Den Inn Rehabilitation Location: 2250 Lake Tahoe Blvd (Bear’s Den Inn)
Responsible Staff Members: Jessica Wackenhut Lomeli, Interim Housing Manager Background: The California Department of Housing and Community Development (HCD) receives funding from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program and allocates funds to CDBG eligible non-entitlement jurisdictions (such as City of South Lake Tahoe). Authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, approximately $71.2 million in CDBG coronavirus response rounds 2 and 3 (CDBG-CV 2/3) federal funds has been allocated to eligible jurisdictions in California to perform activities related to COVID-19 response and recovery.
On April 20, 2021 the City Council adopted Resolution 2021-021 authorizing an application for CDBG CV 2/3 funding in the amount of $505,632 for rehabilitation work on the Bears Den Inn Property (2250 Lake Tahoe Blvd) and to execute the Standard Agreement. The Bears Den Inn property was purchased by the Tahoe Coalition for the Homeless (TCH) with State of California Project Homekey Program funds to provide housing for persons experiencing or at risk of homelessness. Subsequently, the City Council adoption of Resolution 2022-003 on January 4, 2022, authorizing the Subrecipient Agreement with Tahoe Coalition for the Homeless to administer funding and execute the scope of work for rehabilitation of the Bears Den Inn property (2250 Lake Tahoe Blvd). On June 20, 2023, Amendment Number 1 was made to the Subrecipient Agreement between the City of South Lake Tahoe and Tahoe Coalition for the Homeless to extend the time of performance to October 1, 2024.
Issue and Discussion: On November 15, 2023, HCD informed current CDBG-CV grantees that a small amount of unclaimed funding is available for construction projects that have experienced unanticipated cost increases that can be substantiated and documented. Funding is not guaranteed but unclaimed funds will be reallocated to construction projects per the following priorities:
1. Tribal awards for construction projects including CDBG-CV 2/3 Tribal Set-Aside and Homekey awards made to Tribes with documented increased project costs and demonstrated financial gap;
2. Non-Tribal Homekey construction projects with documented increased project cost and demonstrated financial gap;
3. All other CDBG-CV construction projects with documented increased project cost and demonstrated financial gap.
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TCH has encountered several challenges that have impacted the original scope of work, which include various unforeseen challenges and damage related to property upgrades and lack of labor that qualify for participation in a federally funded rehabilitation grant. These issues coupled with the relative the small scale of the project have made it challenging to secure a qualified contractor.
Additionally, like many other properties this past winter, the project experienced extensive damage to the existing circa 1960s galvanized plumbing system, damage to the exterior paint, and extensive issues to the already aging asphalt in the parking lot due to freeze and thaw cycles. The bids received in 2022 and 2023 are close to double the cost estimates for the original scope of work in addition to the extensive work discovered through initial rehabilitation work. Attachment 4 contains the full list of remaining work for full rehabilitation with the cost according to bids received (Attachment 5).
As such, TCH has submitted a revised Scope of Remaining Work for full rehabilitation of the Bear’s Den (Attachment 4) showing the documentation of new, increased project costs and the gap in CDBG funds being requested since the original application submitted for this program.
Grantees with qualifying CDBG-CV construction projects may request up to a 25 percent increase to their award resulting in a maximum award of 125 percent of their original application.
It is recommended that the City Council adopt a Resolution approving an amendment to the Standard Agreement issued under the 2020 Community Development Block Grant Program Coronavirus Response (CDBG-CV). It is also recommended that the City Council adopt an amendment (Amendment #2) to the Subrecipient Agreement between City of South Lake Tahoe and Tahoe Coalition for the Homeless for any additional funds allocated from the 2020 Community Development Block Grant Program – Coronavirus Response Round 2 & 3 authorized by Resolution 2022-003.
Financial Implications: The total grant funds spent by TCH are $109,780.33 with a remaining balance of $385,851.67. The total amount that HCD will release in unencumbered CDBG-CV funds to grantees with active CDBG-CV Standard Agreements and how much will be awarded to the City is unknown at this time.
Environmental Considerations: The proposed project that would use grant funds is categorically exempt from environmental review under CEQA Guidelines Section 15301, Existing Facilities, which exempts “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use” including “restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.”
The project qualifies for a National Environmental Policy Act (NEPA) Categorical Exclusion pursuant to 24 CFR 58.35(a). The City completed required documentation and public noticing in compliance with NEPA as part of the grant application.
Policy Implications: This action would be consistent with an existing Memorandum of Understanding between the City and TCH where both parties agreed to seek to identify opportunities to develop shared strategies to prevent and reduce homelessness experienced by South Lake Tahoe residents and committed to jointly reviewing funding opportunities available to bring financial resources to our community which serve the priorities of the City. 219
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The recommended action is also consistent with the following adopted policies and programs:
City Strategic Plan
Action Item 1.3.6 Continue to work with the Tahoe Coalition for the Homeless to rehabilitate properties purchased through Project Homekey.
Action Item 3.1.3 Work with local partners to support permanent supportive housing/transitional homeless shelter resources and provide more services to mitigate existing homeless camps.
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 4-2 The City shall work with surrounding jurisdictions to address the causes of homelessness and the needs of transient homeless persons on a regional basis. The City shall support TCH and El Dorado County Community Services and in its countywide programs address the needs of homeless persons.
Policy 4-4 The City shall provide priority permit processing of projects that are targeted toward special-needs groups, such as seniors, the disabled (including the developmentally disabled), and the homeless, including priority for building plan check, subdivision map review, improvement plans for roadways and utilities, and environmental impact analysis. 220
CDBG-CV Allocation of
Remaining Funding –
Jurisdiction Resolution 1
Department of Housing and Community Development
Version 11/15/2023
CDBG-CV
Resolution of the Governing Body
RESOLUTION NO. __2024 - XXX___
A RESOLUTION APPROVING AN AMENDMENT TO THE STANDARD
AGREEMENT ISSUED UNDER THE 2020 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM CORONAVIRUS
RESPONSE (CDBG-CV)
BE IT RESOLVED by the City Council of the City of South Lake Tahoe as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California (“State”) of a Request for Additional Funds to fill gaps created by documented unanticipated cost increases. The funds would be added to its existing CDBG-CV Standard Agreement(s) with the State numbered 20-CDBG-CV2-3-00274 (the “Standard Agreement(s)”) pursuant to the State’s June 2020 CDBG-CV1 Notice of Funding Availability; December 2020 CDBG-CV2 and CV3 Notice of Funding Availability (NOFA); and/or the CDBG Method of Distribution as described in the State of California 2019-2020 Annual Action Plan August 2020 Second Substantial Amendment and the CDBG-CV Method of Distribution as described in the State of California 2019-2020 Annual Action Plan August 2020 Fifth Substantial Amendment.
List of Activity Funding:
Current Authorized amount(s) under Standard Agreement # 20-CDBG-CV2-3-00274 CDBG-CV: $505,632.00
Program Income: $0
Total: $505,632.00
Amount of new CDBG-CV funds to be added to Standard Agreement # 20-CDBG-CV2- 3-00274
CDBG Not to exceed $632,040
Program Income: $0
Total: $632,040
221
CDBG-CV Allocation of
Remaining Funding –
Jurisdiction Resolution 2
Department of Housing and Community Development
Version 11/15/2023
CDBG-CV
Total amount of amended Standard Agreement # 20-CDBG-CV2-3-00274 CDBG Grant Not to exceed $1,137,672
Program Income: $0
Total: $1,137,672
(Add as many tables as necessary to document the requested amendment. Include associated budget changes, if any.)
SECTION 2:
The City of South Lake Tahoe acknowledges compliance with all state and federal public participation requirements with respect to the proposed amendments to the Standard Agreement described in Sections 1 above.
SECTION 3:
The City of South Lake Tahoe hereby authorizes and directs the City Manager, or designee*, to execute and deliver all application(s), “Request(s) for Additional Funds,” and/or amendments to the Standard Agreement and act on the City’s behalf in all matters pertaining to all such application(s), “Request(s) for Additional Funds,” and/or amendments.
SECTION 4:
If an amendment to the Standard Agreement is approved as contemplated above, the City Manager, or designee*, is authorized to enter into, execute, and deliver an amendment to the Standard Agreement and any and all other documentation which may be required by the State from time to time for the purposes of this grant. 222
CDBG-CV Allocation of
Remaining Funding –
Jurisdiction Resolution 3
Department of Housing and Community Development
Version 11/15/2023
CDBG-CV
SECTION 5:
If an amendment to the Standard Agreement is approved, the City Manager, or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with this grant.
* Important Note: If the designee is signing any application, agreement, amendment, or any other document on behalf of the designated official of the City/County, written proof of designee authority to sign on behalf of such designated official must be included with the Resolution, otherwise the Resolution will be deemed deficient and rejected.
Additionally, do not add limitations or conditions on the ability of the signatory or signatories to sign documents, or the Resolution may not be accepted. If more than one party’s approval is required, list them as a signatory. The only exception is for county counsel or city attorney to approve as to form or legality or both, IF such approval is already part of the standard city/county signature block as evidenced by the signed Resolution itself. Inclusions of additional limitations or conditions on the authority of the signer will result in the Resolution being rejected and will require your entity to issue a corrected Resolution prior to the Department issuing a Standard Agreement or any subsequent amendments thereto.
PASSED AND ADOPTED at a regular meeting of the [City Council or County Board of Supervisors, as applicable] of the City of South Lake Tahoe held on January 9, 2024 by the following vote:
[Instruction: Fill in all four (4) vote-count fields below. If none, indicate “0” for that field.] AYES: _______ NOES: _______
ABSENT: _______ ABSTAIN: _______
____________________________________
Cody Bass, Mayor
City Council
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Remaining Funding –
Jurisdiction Resolution 4
Department of Housing and Community Development
Version 11/15/2023
CDBG-CV
STATE OF CALIFORNIA
City of South Lake Tahoe
“I, ___________, City Clerk of the City of South Lake Tahoe, State of California, hereby certify that (i) the above and foregoing is a full, true, and correct copy of a resolution duly adopted by said City Council, as applicable on this 9th day of January, 2024; (ii) such resolution has not been amended, modified, repealed or rescinded since the date of its adoption; and (iii) such resolution remains in full force and effect.” ___________________________________________
Susan Blankenship, City Clerk of the City of
South Lake Tahoe, State of California
(Note: The attesting officer cannot be the person identified in the Resolution as the authorized signer.)
224
CITYOFSLT.US / (530) 542-6010
1052 Tata Lane South Lake Tahoe, CA 96150
Amendment #2 to Subrecipient Agreement between the City of South Lake Tahoe and Tahoe Coalition for the Homeless
This Amendment is made on January 9, 2024 to the Subrecipient Agreement entered into as of January 5, 2022 by and between the City of South Lake Tahoe, a municipal corporation (“Grantee”) and Tahoe Coalition for the Homeless (“Subrecipient”). The parties (“Grantee” and “Subrecipient”) hereby agree to the following amended terms:
Section III is hereby amended as follows:
Budget
Line Item Amount:
Professional Services
Construction
General Administration
TOTAL
All other provisions of the Subrecipient Agreement shall remain in full force and effect. _________________________ ___________________________
Joseph Irvin, City Manager Kimberly Peterson, Director of Housing
__________________ ________________
Date Date
225
Bear's Den: 2250 Lake Tahoe Blvd, South Lake Tahoe, CA
A. REMAINING WORK FOR FULL REHABILITATION COST BID
Remove existing commercial motel sign fascia and pylon $6,600.00 cost from previously submitted estimate Architect to Design ADA parking and path of travel $6,000.00 Remove asphalt & repave $143,880.00 Attachment "A," Blacktop Paving Installation of City of South Lake Tahoe approved trash enclosure $25,000.00 verbal estimate per Alcorn Engineering, Inc.
Survey for Best Management Practices $12,000.00
Civil Engineer to Design Best Management Practices $9,600.00 Attachment, "H," Ashley and Vance Engineering Installation of Best Management Practices $173,925.00 Attachment, "I", Alcorn Engineering Inc.
Replace Plumbing $174,870.00 Attachment "B," Riley Plumbing and Heating Heating/Air Conditioning Units for Office at $4218.33/ each $16,873.33 Attachment "C," ATC Replace 4 Water Heaters at $11,624.82/each $46,499.28 Attachment "D," Riley Plumbing and Heating Exterior Paint $37,650.00 Attachment "G," ReliaPro Painters West Side Fence Replacement $5,000.00
Repair Water and Termite Damage $12,000.00
Framing to fur out concrete wall to install insulation and electrical in Office & Units 18-22 $4,900.00 Remove existing water damaged kitchenettes and cabinets Units 18-22 $2,900.00 General Demolition in Units 11-22 ($653.64/unit) $7,843.68 Attachment "E," Affordable Construction Install Tyvek Vapor Barrier on Exterior Walls, Office, Unit 1, Units 11-22 ($758.26/unit)* $12,890.42 Attachment "E," Affordable Construction Vent Bathroom Exhaust Fans Office @2, Unit 1, Units 11-22 ($431/unit) $6,465.00 Attachment "E," Affordable Construction Material Costs for Insulation Batts (5000 sf of R-13 & 5360 sf of R-38) $17,712.00 Attachment "F," Home Depot Install insulation batts, Office, Unit 1, Units 11-22 ($1104.06/unit)* $18,769.02 Attachment "E," Affordable Construction Drywall Stocking, Installation, Tape, Finish, Prime, Paint for Office, Unit 1, Units 11-22 ($6026.60 + 1473/unit) $127,493.20 Attachment "E," Affordable Construction Install 4' kitchen cabinet and formica top Unit 1, Units 11-22 ($1593/unit) $20,709.00 Attachment "E," Affordable Construction Install sink and faucet at kitchen cabinet Unit 1, Units 11-22 ($572/unit) $7,436.00 Attachment "E," Affordable Construction Rehang interior doors and trim out, Office @2, Unit 1, Units 11-22 ($533/unit) $7,995.00 Attachment "E," Affordable Construction Replace Entire Kitchen and Two Bathrooms in Office $45,000.00 Snow Removal for Refuse Dump Box in Winter $2,424.80 Attachment "E," Affordable Construction Supervision Fees, Office, Unit 1, Units 11-22 ($833/unit)* $14,161.00 Attachment "E," Affordable Construction SUBTOTAL SECTION A. $966,596.73
B. INCREASED COSTS FROM ORIGINAL ESTIMATION COST
materials
install valve on main water line $1,848.00
remove and replace plumbing in Units 2-10 $5,826.00
SUBTOTAL SECTION B. $7,674.00
TOTAL OF SECTIONS A. AND B. $974,270.73
Contractor Overhead and Profit @ 20% $194,854.15 Attachment "E," Affordable Construction GRAND TOTAL $1,169,124.88
* Office is calculated as 4 units
226
ATTACHMENT A
227
file:///C|/Users/Nicole/Documents/LTC/Warm%20Room/Bears%20Den/A...nds%20for%20CDBG/Blacktop%20Paving%20Bears%20Den%20estimate.txt From: Blacktop Paving <[email protected]>
Sent: Tuesday, December 19, 2023 10:15 AM
To: Nicole Zaborsky
Subject: Re: Bears Den BMP Plan-2250 Lake Tahoe Blvd
Attachments: Bear Den Worksheet.pdf
Nicole,
Verbal, approximately 22,000 SF +/- of mill-out 7" of existing haul-off site. Grade with 4" of compacted road base for proper drainage, roll, and compact for asphalt. Pave with 3" compacted 64-28 1/2" AC. Includes striping as per plan. Does not include traffic control or permits— Preliminary Price: $143,880.00
Sincerely,
Brittany
Blacktop Paving
Commercial & Residential
Business Hours: Mon-Fri 8AM-4PM, Lunch 12-12:30 PM
P.O. Box 492 Homewood, CA 96141
P|530.583.2755 F| 530.525.0403
Blacktoppavingtahoe.com
Got a Bid Request? Click here.
Click to see a Removal and Replacement Video
On Thu, Dec 14, 2023 at 9:56?AM Nicole Zaborsky <[email protected]> wrote:
Raymond:
I got your contact information from Don Kostecki at Western Paving. He did a striping job with you on the parking spaces in the Keys.
We’d like to get an estimate from you on removing the existing asphalt, repaving, installing ADA parking spaces, and BMPs. See the attached plans. We plan to do the work in 2024.
The work needs bid at prevailing wage.
And, is there any way you could get a verbal or written estimate to me by Tuesday? I know that’s asking a lot. I appreciate anything you can do to assist us.
Truly,
Nicole Zaborsky, Board Member
file:///C|/Users/Nicole/Documents/LTC/Warm%20Room...BG/Blacktop%20Paving%20Bears%20Den%20estimate.txt (1 of 2) [12/19/2023 12:49:20 PM] 228
file:///C|/Users/Nicole/Documents/LTC/Warm%20Room/Bears%20Den/A...nds%20for%20CDBG/Blacktop%20Paving%20Bears%20Den%20estimate.txt Tahoe Coalition for the Homeless
http://tahoehomeless.org/
Our Mission: To support our neighbors experiencing homelessness by partnering with our community to promote awareness, provide warm beds, and encourage self-sufficiency. file:///C|/Users/Nicole/Documents/LTC/Warm%20Room...BG/Blacktop%20Paving%20Bears%20Den%20estimate.txt (2 of 2) [12/19/2023 12:49:20 PM] 229
ATTACHMENT B
230
Hello, these are your estimates
Location: 2250 Lake Tahoe Boulevard, South Lake Tahoe, CA, 96150 JOB ID
28897151
Water line for restaurant
Your Price
$11,330.00
Or as low as $121.23/mo Financing Terms
View Credit Plans
Accept Estimate
Repipe water 22 Rooms + House
Your Price
$163,540.00
Or as low as $1,749.88/mo Financing Terms
View Credit Plans
View
Summary
Diggs up next to stop and drain outside of the building And separate water for a restaurant with its own stop-and-drain Dig inside the building to find water line to restaurant to attach the new water line And cap off the rest of the rooms.
Install Labor 2 Tech(Qty: 30)
Your Price
$9,900.00
Install Labor 2…
View More
Contact Us
231
Subtotal $11,330.00
Tax $0.00
Total $11,330.00
Stop & Drain Valve 3/4" (NO DIG
Your Price
$810.00
Stop & Drain Valve 3/4
(No Digging)
replace 3/4" stop and drain valve.
Jackhammer(Qty: 2)
Your Price
$310.00
Jackhammer
Per Day
Concrete Saw(Qty: 2)
Your Price
$310.00
Concrete Saw per Day
Contact Us
232
Hello, these are your estimates
Location: 2250 Lake Tahoe Boulevard, South Lake Tahoe, CA, 96150 JOB ID
28897151
Subtotal $163,540.00
Tax $0.00
Total $163,540.00
Water line for restaurant
Your Price
$11,330.00
Or as low as $121.23/mo Financing Terms
View Credit Plans
View
Repipe water 22 Rooms + House
Your Price
$163,540.00
Or as low as $1,749.88/mo Financing Terms
View Credit Plans
Accept Estimate
Summary
Repipe water 22 Rooms + House
No sheetrock repairs
Waste Water & Venting(Qty: 26)
Your Price
$163,540.00
Install all water to fixture locations
Install all rough, water , hot water return line, insulation where required by code. Provide good rough…
View More
Contact Us
233
Contact Us
234
ATTACHMENT C
235
www.airtreatment.com Air Treatment Corp – 3213 Ramos Circle. Sacramento, CA 95827
PROPOSAL
We are pleased to offer the following equipment for your consideration:
ITEM QTY EQUIPMENT TAG MODEL
A 6 Maestro Pro - Olimpia Terminal Heat Pumps -- 2234
B 6 ALT: Maestro Smart – Olimpia Terminal Heat Pumps -- 2020
ITEM A) MAESTRO PRO - OLIMPIA TERMINAL HEAT PUMPS
Qty Tags Description
6 --
Model: 2234, Maestro Pro Inverter 12 HP w/ 2 kW Electric Heat 230V
R-410A
10,500 Btu/h Cooling
9,500 Btu/h Heating
Inverter Compressor
Variable Speed Motor (ECM)
Field Installed Wired Thermostat (No WiFi). Requires Serial Interface Board and 24V Transformer. o 7-day programmable thermostat
o 2 Heat / 1 Cool
Field Installed Serial Interface Board
Field Installed 24V Transformer
Field Installed Defrost Heating Cable (230 V)
Standard 7 Year Compressor / 2 Year Parts Warranty
CLARIFICATIONS: For Lake Tahoe, a heat pump with back-up electric heat would be ideal. In colder climates, a heat pump’s heating capacity diminishes when the external temperature drops. The 2234 model is for colder climate applications. A defrost heating cable is recommended as it may ensure the condensate will not freeze in the drain pan when it is very cold during the winter months in Tahoe.
EXCLUSIONS: Unloading, Rigging, Installation, Storage, Startup, Structural Steel or Concrete Pad, Wiring, Spare Parts, Seismic Calculations or Attachments, Training, Labor or Any Accessories/Materials Not Listed Above To: Tahoe Coalition for the Homeless Date: April 18, 2023 Attention: Kimberly Peterson
Engineer: N/A
Project Name: Tahoe Coalition for the Homeless – Temporary Housing 236
www.airtreatment.com Air Treatment Corp – 3213 Ramos Circle. Sacramento, CA 95827
ITEM B) ALTERNATE: MAESTRO SMART - OLIMPIA TERMINAL HEAT PUMPS Qty Tags Description
6 --
Model: 2020, Maestro Smart 9 HP
115V
R-410A
9,200 Btu/h Cooling
8,500 Btu/h Heating
PSC Indoor Blower Motor
ECM Outdoor Blower
3-Speed Fan
Rotary Compressor
Field Installed Wired Thermostat (No WiFi). Requires Serial Interface Board and 24V Transformer. o 7-day programmable thermostat
o 2 Heat / 1 Cool
Field Installed Serial Interface Board
Field Installed 24V Transformer
Field Installed Defrost Heating Cable (115 V)
Standard 7 Year Compressor / 2 Year Parts Warranty
EXCLUSIONS: Unloading, Rigging, Installation, Storage, Startup, Structural Steel or Concrete Pad, Wiring, Spare Parts, Seismic Calculations or Attachments, Training, Labor or Any Accessories/Materials Not Listed Above
PRICING
ITEM QTY EQUIPMENT PRICE
A 6
Maestro Pro - Olimpia Terminal Heat
Pumps $25,310.00
B 6
ALT: Maestro Smart – Olimpia Terminal
Heat Pumps $17,820.00
Please Note:
Freight is FOB Factory (freight allowed to first destination) Taxes are not included in this proposal.
Price is valid 30 days from date on proposal. Given commodity escalations we reserve the right to pass along formal price increases from the factories. We will communicate this to you as they are issued from any given factory. See attached page for remainder of quotation terms and conditions.
Thank you for the opportunity to offer the equipment and services listed above. We look forward to working with you on this project. If you should require additional information, please contact us.
Sincerely,
Bernard Lao
Air Treatment Corporation
[email protected]
619-850-1275
237
www.airtreatment.com Air Treatment Corp – 3213 Ramos Circle. Sacramento, CA 95827
TERMS & CONDITIONS OF SALE
Air Treatment Corporation (hereinafter designated as Seller) hereby accepts your order with the condition that this acceptance by us is expressly made conditional on assent by you to all terms and conditions set forth below, notwithstanding that they may be in addition to or different from those contained in your order or acknowledgment . Acceptance by you of any of the material covered by this order or failure to give notice of objections to any terms set forth herein within ten (10) days of the date hereof, shall be deemed to be assent by you to these terms and conditions. It is understood and agreed that the terms and conditions contained herein constitute the complete and exclusive statement of all such terms, and supersedes all prior communications between the parties, oral or written, as relates to the equipment described on your purchase order. Where any terms herein are contrary to or inconsistent with any terms contained in your purchase order, these terms and conditions shall control. If any item in this agreement is deemed unenforceable, all other items shall remain in force and effect.
PAYMENT TERMS: 1% 10 Days/ Net 30 are available upon approval of credit. Acceptance of Purchase Orders does not guarantee payment terms as stated until approved by the Credit Dept. We retain the right to revise all credit terms until said equipment has been shipped. Purchaser agrees to accept responsibility for payment of equipment whether or not payment has been made to purchaser on the project. Should payment not be made in accordance with Seller’s payment terms, purchaser agrees to pay to Seller a one and one-half percent (1 ½%) per month service charge on any unpaid balance due. Any retention for start-up should reflect the actual cost of start-up and not a percentage of the invoice. Prior consent from the Seller is required. No other retention shall be acceptable. No rights of lien are waived.
ACCEPTANCE: This quotation is offered for acceptance for a period of 30 days, subject to extension on upon written agreement of Seller in writing. This quotation is subject to revision on notice. In those instances where the Manufacturer reserves order acceptance prerogative, final acceptance shall be so governed.] PLANS AND SPECIFICATIONS: All equipment and/or materials are sold in accordance with manufacturers’ specifications and/or approved submittal data and not necessarily in accordance with “Plans and Specifications.” Seller is a vendor only and is not bound to the contractor under any provisions of general contract provisions including payment terms, retention “hold,” delay, arbitration and/or cancellations provisions. On plan and specification work, any reference to plans and specifications shall pertain alone to the technical portions of such plans and specifications, including the approved submittals, the latter of which shall determine ultimate responsibility and scope of Seller’s obligations. Seller makes no representation as to design, application and/or fitness for a particular purpose.
LEAD TIMES, DELAY: Shipment lead times reflect current production schedules based upon current release to production. Seller shall not be responsible to purchaser (or ultimate user) for delays in delivery due to acts of God, strikes, fires, accidents, unavailability of equipment and/or materials, or any other causes beyond Seller’s control. In the event of any such delay occasioned by such events, the date of delivery shall be extended for a length of time reasonably equivalent to the period of the delay, and with no penalty to Seller.
DAMAGES DISCLAIMER: No provision for liquidated, incidental or consequential damages in the event of any breach of this contract by the Seller shall apply to this sale, and any provision for liquidated, incidental or consequential damages shall be of no force and effect unless specifically agreed to by the Seller in writing signed by an officer of the corporation. Seller will not accept any back charge without its consent. Seller shall not be liable to purchaser for costs, damages, expenses or consequential damages arising out of, or resulting from, the purchase or use of equipment and/or materials, or claims made under Manufacturer’s written Limited Warranty.
DELIVERY: All shipping information is approximate, and shipping dates are based on prompt receipt of all necessary information at Manufacturers’ plant. Deliveries shall be made FOB manufacturers’ factory. Title and risk of loss shall pass to the Buyer at FOB point. Buyer agrees to accept delivery of any part or all of the manufactured material upon completion of same and failure of the Buyer to furnish Seller shipping instructions shall in no way alter the terms of the payment of Seller’s invoice. Seller shall not be responsible for any storage for any reason unless agreed to in writing before such action is deemed necessary. Where an allowance for freight is included, only the first destination will be allowed. In no event shall Seller be liable for special or consequential damages due to delay.
REQUIRED DELIVERY SCHEDULE: Seller and Purchaser agree that for a “required delivery schedule” to be binding upon Seller or Seller’s source of supply, a separate written confirmation to purchaser, confirming the required delivery schedule, must be provided to be binding on either Seller or Seller’s source of supply.
CLAIMS: Buyer shall notify Seller in writing, within (10) days of delivery if equipment is defective or nonconforming. Seller shall have the option of reinspection before allowing or rejecting the Buyer’s claim. Failure to make such claim within ten (10) days of delivery shall constitute acceptance. Expenses incurred in connection with claims for which the Seller is not liable will be paid by Buyer. Any claim for corrective work done upon the equipment covered hereunder must be approved beforehand, in writing, and signed by an officer of the Seller. Defects that do not impair the operation or performance of the goods provided shall not be cause for rejection by the Buyer.
CHANGES, CANCELLATIONS, RETURNS: Notice from the buyer to suspend work, delay delivery or terminate this order shall entitle Seller to payment from the Buyer for all costs, direct and indirect, incurred by the Seller on the balance of the order to the date of receipt of such notice, and which, in the event of cancellation of such order, shall result in payment to Seller of an amount not less than 15% of the face amount of the order. Any return for goods and equipment must be authorized by the Seller or Seller’s source of supply and may be subject to restocking and/or other incidental charges. All orders placed on hold must be the subject of written amendment to the purchase order, and must detail the parties’ agreement regarding storage arrangements and costs.
TAXES: Purchaser agrees to pay all sales, excise or other taxes, which may be applicable to the sale of the equipment and/or materials.
WARRANTY: It is understood and agreed that the only warranty the subject of this order shall be the Manufacturer’s written Warranty in effect at the time of shipment, and as specifically relates to such equipment the subject of this order, and which Seller shall supply to Buyer. Buyer acknowledges there are no implied or expressed warranties by Seller, other than those of the Manufacturer, and in no case will the amount of the warranty or liability exceed the amount of the order.
Seller accepts no consequential liability of any nature, and in no case will Seller be liable for damages beyond the purchase price of the defective items. Further, Buyer agrees to defend, indemnify and hold harmless Seller, from and against any and all Claims of Damage(s), Expense(s) Cost(s) or Consequential Damages alleged or claimed by virtue of the equipment. Buyer agrees that in the event of an alleged Warranty Claim made, either through Buyer or Buyer’s customer, or otherwise, which in truth and fact turns out to be a Non-Warranty item and is attributable to the acts of others, failure to maintain equipment, or other reasons not the fault of the Manufacturer or Seller, that Seller and/or Manufacturer shall be reimbursed in full by Buyer for all expenses incurred in ascertaining the alleged Warranty Claim, including all legal costs and fees incurred.
DISPUTES, ATTORNEY’S FEES: In the event Seller is compelled to bring any action to enforce any part of these Terms and Conditions including, but not limited to, any action to collect monies due hereunder, purchaser agrees to pay Seller’s reasonable attorney’s fees and costs. In any proceeding to enforce these Terms and Conditions, the law of the State of California shall control, and venue shall be deemed proper only in any court of competent jurisdiction in the County of Orange, California.
Authorized Customer Initials _____
238
ATTACHMENT D
239
Riley Plumbing & Heating LTD.
P.O. Box 18250
South Lake Tahoe, CA. 96151
530-544-5199
775-265-1765
1-800-354-7029
CA Lic.774078 Unlimited
NV Lic 85622 C-1 Limit $8,000,000.00
NV Lic 85623 C-21B Limit $8,000,000.00
Estimate 28685379
Job 28481531
Estimate Date 11/15/2023
Technician Luis Ortiz
Customer PO
Billing Address
Tahoe Coalition for the Homeless*
PO Box 13514
South Lake Tahoe, CA 96151 USA
Job Address
Tahoe for the Homeless
2250 Lake Tahoe Boulevard
South Lake Tahoe, CA 96150
USA
Estimate Details
50 Gallon Hybrid Heat Pump Water Heater (Upgrade-Best): 50 Gallon Hybrid Heat Pump Water Heater - 10 Year Warranty Drain, Remove, haul away existing water heater
Install new 50 Gal Electric Hybrid Heat Pump Water Heater.
Install new ball valve.
Install new stainless steel supply flex.
Install existing electrical whip.
Install new drip pan with 1” pvc drain pipe.
Install new carbon and smoke detector per code requirements.
Install new seismic earthquake straps.
Test unit for proper operations
220v to location is not included
Task # Description Quantity Your Price Your Total
T520360 50 Gallon Hybrid Heat Pump Water Heater
The ProLine® XE Hybrid Electric Heat Pump reduces water heating cost by up to 73% through an innovative design that pulls environmental heat while dehumidifying and cooling the ambient air at the same time.
FEATURES:
Increased energy efficiency
Choice of operating modes
Back-up electric elements
Dry fire protection
1.00 $6,154.22 $6,154.22
T520007 Drain Pan UP TO-30" & Drain Up To 10FT
Due to expansion and contraction of the water tank and because of age water heaters may develop a leak which can spread across the floor. A water heater sits in a drain pan like a big dish and the leaking water is contained to prevent water damage to the structure.
MPT:60.000000
1.00 $342.71 $342.71
T520021 Water Heater Seismic Brace
Includes Seismic Brace and Mounting Hardware
Preventing water heater damage as well as gas or water leaks during an earthquake is critical. It's important that the proper bracing be used with each specific application.
MPT:49.999980
1.00 $19.32 $19.32
10 Year
Smoke
Detector
10 Year Smoke Detector 1.00 $85.00 $85.00
Combo 10
year Smoke /
CO Detect
Combo 10 year Smoke / CO Detecto 1.00 $156.00 $156.00
T600030 Condensate Pump (New)
Meets all Indirect Waste Codes!
18FT Lift, new wiring and plastic hoses for drain. Ensure your home is free of overflow water and avoid potential water over flow or bacteria from standing water
1.00 $109.07 $109.07
Permits 01 Plans and Permits
Permits are required per State, County & City regulations.
Fees are based on jurisdiction and total job cost.
1.00 $355.00 $355.00
240
JBARLHB300 Warranty Labor Residential HYBRID HEAT PUMP Water Heater 10 Years Added Protection
We have found an issue that will take some time to correct. Because you have chosen us to be your service provider we are able to cover this expense under our warranty and we do so for up to 10 years.
JB Warranties- HYBRID HEAT PUMP
1.00 $975.00 $975.00
50 Gallon
Hybrid
(Equipment)
50 Gallon Hybrid (Equipment) 1.00 $3,416.00 $3,416.00
State HP6 50 DHPT
Sub-Total $11,612.32
Tax $0.00
Total $11,612.32
Est. Financing $124.25
Thank you for calling Riley Plumbing & Heating! NOW OFFERING Nu Drain Trenchless Sewer Repairs, Relining, & Dump Bins !!!!!!! I, the undersigned am owner/authorized representative/tenant of the premises at which the work mentioned above is to be done. I hereby authorize Riley Plumbing & Heating LTD. to perform Diagnosis/Solution, and to use such labor and materials as you deem advisable. Hidden conditions which require extra work will be subject to additional charge. A monthly service charge of 1.5% will be added after 30 days, up to $1,000. I agree to pay reasonable attorney's fees and court costs in the event of legal action. If my check is returned for insufficient funds, I could be liable for 3 times the amount of the check or $500, whichever is more, plus the face value of the check and court costs I have read and agree to all the items and conditions set forth, and have reviewed the copy of the contract and Notice to Owner (Section 7018.5 - Contractors License Law) in the Terms and Conditions.
I hereby authorize Riley Plumbing & Heating LTD. to proceed with the above work at a flat rate of $11,612.32 12/1/2023
241
242
ATTACHMENT E
243
244
245
246
247
248
249
ATTACHMENT F
250
Home / Building Materials / Insulation / Fiberglass Insulation Internet # 202585859 Model # BF11 Store SKU # 585873 Store SO SKU # 583042 Owens Corning
R-13 Kraft Faced Fiberglass Insulation Batt 23 in. x 93 in. (1826) Questions & Answers (394)
Hover Image to Zoom
+8
DECK THE HALLS WITH CHEER Holiday Decor for Inside & Out Product Details Specifications Questions & Answers Customer Reviews R-13 Kraft Faced Fiberglass Insulation Batt 23 in. x 93 in. by Owens Corning (1826) 1.1k
$12400
SRh-o1p3Ainllsulation Services DIY Me
251
Share Print
Covers 148.54 sq.ft. (83¢ /sq.ft.)
$124.00
Get up to 30% off in Rebates for 89706
Pay $99.00 after $25 OFF your total qualifying purchase upon opening a new card.
Apply for a Home Depot Consumer Card
N Carson City Store
64 in stock Aisle 20, Bay 007
Batt/Roll Size: 7.75 ft. x 3.5 in. x 23 in.
7.75 ft. x 3.5 in. x 15 in.
7.75 ft. x 3.5 in. x 23 in.
Pickup at N Carson City Delivering to 89706
Get it as soon as tomorrow. Schedule your
delivery in checkout.
How much will you need?
Please note: calculations are estimates only
Pickup
Today
64 in stock
FREE
Delivery
Tomorrow
64 available
R-13 Kraft Faced Fiberglass Insulation Batt 23 in. x 93 in. by Owens Corning
$12400
N Carson City 9PM 89706
252
Product Details
Specifications
Questions & Answers
394 Questions
Customer Reviews
4.7 out of 5 (1,826)
Area 1
- +
Length x Width
Square Footage
Calculate by:
Square Footage:
5000
sq.
ft
+ Add Area
Calculate
38 units
will cover 5644.52 sq. ft.
$4,712.00
Est. Total
Include an extra 10% to cover potential waste and breaks 38 Add to Cart
R-13 Kraft Faced Fiberglass Insulation Batt 23 in. x 93 in. by Owens Corning
$12400
253
Home / Building Materials / Insulation / Fiberglass Insulation Internet # 100320292 Model # E57 Store SKU # 568331
Owens Corning
R-38 Faced Fiberglass Insulation Batt 24 in. x 48 in. (1 Bag) (330) Questions & Answers (157)
Hover Image to Zoom
+13
#1 Home Improvement Retailer
Product Details Specifications Questions & Answers Customer Reviews R-38 Faced Fiberglass Insulation Batt 24 in. x 48 in. (1 Bag) by Owens Corning (330) 174
$13900
Shop All Services DIY Me
254
Share Print
Covers 64 sq.ft. ($2.17 /sq.ft.)
$139.00
Get up to $35.10 in Rebates for 89706
Pay $114.00 after $25 OFF your total qualifying purchase upon opening a new card.
Apply for a Home Depot Consumer Card
N Carson City Store
15 in stock Aisle 20, Bay 001
Pickup at N Carson City Delivering to 89706
Get it as soon as today. Schedule your delivery
in checkout.
How much will you need?
Please note: calculations are estimates only
Pickup
Today
15 in stock
FREE
Delivery
Today
45 available
Only 45 in stock. Please reduce the quantity or
change your fulfillment to proceed.
Length x Width
Square Footage
Calculate by:
R-38 Faced Fiberglass Insulation Batt 24 in. x 48 in. (1 Bag) by Owens Corning
$13900
N Carson City 9PM 89706
R-38 insulation
255
Product Details
Specifications
Questions & Answers
157 Questions
Customer Reviews
4.8 out of 5 (330)
Area 1
- +
Square Footage:
5360
sq.
ft
+ Add Area
Calculate
93 units
will cover 5952.00 sq. ft.
$12,927.00
Est. Total
Include an extra 10% to cover potential waste and breaks This item has a limit of 30 per order.
93 Add to Cart
Free & Easy Returns In Store or Online
Return this item within 90 days of purchase. Read Return Policy R-38 Faced Fiberglass Insulation Batt 24 in. x 48 in. (1 Bag) by Owens Corning
$13900
256
ATTACHMENT G
257
ReliaPro Painters Exterior Estimate
Full Workmen’s Compensation, $1,000,000 Liability,
Bonded, License CA # 901768 NV# 0074692
530-200-9059
P.O. Box 13444
South Lake Tahoe, CA 96151
Customer Name: TCH - ℅ Nicole Zaborsky
Address: 2250 Lake Tahoe Blvd
South Lake Tahoe, CA
Phone/Email: [email protected]
Preparation
Power Wash: All areas to painted.
Mask as needed all windows, fixtures, etc
Scrape and sand all loose and peeling paint (orbital sander over rough areas)
Prime all bare wood. XIM Peel bond primer where peeling, Caulk as needed.
Painting/Staining
Area/Color # of Coats Product
All siding 2 Benjamin Moore UltraSpec Lo sheen
Color TBD
All trim/door 2 Benjamin Moore Ultra Spec Lo Sheen
Color TBD
Additional Comments: Clean up and remove all trash and waste from job site.
Price is good for 2024 exterior season. Price is based on Painters prevailing wage as of 12/1\7/20123 $50.20 hourly El Dorado County Brush, Spray, Paperhanger - Straight time rate
City of South Lake Tahoe license#003592
Deposit: $0.00
Amount due upon completion: $37,650
Total Price for all labor and materials: $37,650
Frank Muscat______________ __________________
Submitted By ReliaPro Painters Proposal Accepted By
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ATTACHMENT H
260
Of[01T]7530 Longley Ln., Suite 105[T01]
[02T]Reno, NV 89511[T02]
www.ashleyvance.com
[03T](775) 825-494503]3]
[45T]December 19, 2023[T45]
[05T]Project Number: 231728[T05]
[06T]Nicole Zaborsky[T06]
[07T]Tahoe Coalition for the Homeless[T07]
[08T]1137 Emerald Bay Road[T08]
[09T]South Lake Tahoe, CA 96150[T09]
Subject: Proposal and Agreement for Civil Engineering Services [11T]2250 Lake Tahoe Boulevard[T11]
[12T]South Lake Tahoe, CA 96150[T12]
[13T] [T13]
[14T]Dear Nicole:[T14]
At your request, we are pleased to provide this proposal outlining civil engineering services and associated fees for the subject project, and are excited about the opportunity to be a part of the design team.
Please find enclosed in this proposal the following:
• Section 1: Project Understanding
• Section 2: Scope of Services
• Section 3: Project Fee Summary
• Section 4: Additional Services
• Section 5: Terms and Conditions
• Section 6: Agreement for Civil Engineering Services
If you have any questions regarding the scope, fees, or any other items included in this proposal, please do not hesitate to give me a call.
Respectfully,
[04T]Bruce Jones[T04]
Principal Engineer
Ashley & Vance Engineering, Inc.
[CIVIL]
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[44T]December 19, 2023[T44] [43T]Project Number: 231728[T43] SECTION 1 — PROJECT UNDERSTANDING
[15T]Provide Civil Engineering plans, details and calculations for the remodel of the existing parking lot. Effort includes Construction Document preparation for building permits. Plans will include grading and drainage, accessibility improvements including parking, BMP design, and erosion control plans. It is anticipated the site will need to meet El Dorado County Tahoe Planning & Stormwater Management requirements based on the Tahoe Regional Planning Agency Best Management Practices Handbook for commercial developments. Site utilities are excluded from the scope of this proposal.[T15] [16T] [T16]
SECTION 2 — SCOPE OF SERVICES
The following assumptions clarify and identify the scope of services that Ashley & Vance Engineering, Inc (as the Consultant) will perform in conjunction with this project as described in Section 1.
1. Project Management
- Consult with you (as the Owner and Client), the Project Architect (as the Owner’s authorized agent), other subconsultants, and the General Contractor.
- Provide application support for items in our scope of work and submittal preparation in all phases.
2. Provide Construction Documents (CD) for Submittal to City Provide CD documents consisting of civil plans, details, and technical specifications for project described in Section 1 on full size plan sheets. Documents shall include:
- Design and applicable detailing as required of final elevations of hardscapes and landscapes - Design of storm drain facilities to discharge points for Best Management Practices (BMP) - Technical specifications on Plans
- Report of final storm water management and hydrology, on 8.5” x 11” print format (with larger exhibits as required)
- Erosion Control Plans for local agency review
- Details of final earthwork quantities for permitting purposes
3. Satisfy Public Agencies Corrections: All Corrections shall be addressed in a timely manner.
All services performed outside of those listed above shall be considered Additional Services (refer to Section 4x).
This proposal is based on site plans provided by Tahoe Coalition for the Homeless, received 12/15/2023. A current Title Report of the property must be provided for review and all encumbrances identified. No public improvements are anticipated.
The Site Plan shall be provided by the Architect in AutoCAD file format, including roof drain tributary areas and downspout locations for the purpose of sizing stormwater pipes and BMP features, ADA paths of travel, points of connection for building utility services, and property line setbacks. The limit of disturbance is anticipated to be less than one acre. Plans and permits will be processed by Tahoe Coalition for the Homeless.
A topographic and boundary survey must be provided for this project by a licensed land surveyor. All surveys shall include topography in AutoCAD file format with approved property lines and easements and legal descriptions, show inverted elevations for storm drain and sewer service lines and mains, provide surface and aerial utility locations, show trees with diameters at 4.5 feet, and all drip lines. Topography shall extend 25’ beyond property line. Survey datum shall be based on local jurisdiction datum (i.e. NAD 83 and NAVD 88.) Surveyor shall also provide a PDF of signed survey.
A site-specific soils report must be prepared for this project by a licensed soils engineering consultant. Report shall provide trenching recommendations, pavement structural sections for all pedestrian and vehicular surfaces, infiltration testing for stormwater retention/infiltration features, and observation and testing programs during construction.
Items specifically excluded from our civil engineering services and proposals:
● Hazardous waste remediation
● Retaining wall design with surcharge or is over 3’-0” in height ● Building fire protection (sprinkler) design
● Utility design, application support, and coordination ● Landscape planting and irrigation plan(s)
● Tree Protection Plans (TPPs) or tree reports or surveys ● Traffic Control Plans
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[44T]December 19, 2023[T44] [43T]Project Number: 231728[T43] SECTION 3 — PROJECT FEE SUMMARY
Code Service Fee Type Fee
Construction Documents H-EST $9,600
Total Estimated Hourly Fees $9,600
Legend
H-EST = Hourly Fee Estimate
Payment Schedule $2,900 Invoice #1: Upon approval of this agreement. Payment will be credited towards subsequent billings and billed on a monthly basis from then on.
The hourly (H) amounts shown above are initial hourly estimates only. All work, including anything over the amounts shown above, will be billed on a time and material basis per the hourly rate schedule that is current at the time the work is performed. Description for time charged will be provided on our invoices.
All invoices are due and payable upon receipt. A 1½ % monthly finance charge may be assessed for payments greater than 30 days past due. The Consultant may suspend services until account is brought current.
The client agrees to reimburse Consultant for all mileage (at the current IRS standard mileage rate), tolls, all plan production, packaging & shipping costs at a rate of 1.15 times direct cost, payable on a monthly basis as incurred.
SECTION 4 — ADDITIONAL SERVICES
Additional Services may include, but are not limited to:
Duplication of Efforts Any revisions to our plans, details, or calculations due to project revisions including value engineering
Additional Scope Work outside of the original Services such as revisions required by additional site plan or site improvement elements not in documents provided at the time of this agreement and tasks as specified in Section 3
Unforeseen Conditions Unanticipated site conditions requiring changes to the civil design or conflicts with existing facilities
Planning & Permitting Application preparation for meetings with Public Agency to obtain planning approvals or expedite plan check responses
Construction Support Assistance provided during the construction phase such as all meetings, site visits, or correspondence via telephone, fax, or email.
Additional examples of assistance include, but are not limited to, evaluation of alternate product or systems, review of testing data, required submittals, shop drawings, contractor requests for substitution, as-built plans, etc.
Site visits will be billed as Additional Services including travel time to/from our nearest office with a 3 hours minimum. All such support shall be conducted under the review of the Owner/Owner’s authorized agent.
Civil Observations Observations of specific civil scope items during the course of construction as required by the governing public agency or agencies
Code Upgrades
Subconsultant Services
Revisions required due to code changes that occur during the course of the project Services required of subconsultants (if used) will be marked up 20% Services provided on an hourly basis will be billed on a monthly cycle at the following hourly rates (subject to change):
Principal Engineer[21T]$175/hr[T21]
Senior Engineer [60T]$135/hr[T60]
Project Engineer [22T]$115/hr[T22]
Office/Clerical [23T]$75/hr[T23]
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[44T]December 19, 2023[T44] [43T]Project Number: 231728[T43] SECTION 5 — TERMS AND CONDITIONS
CORPORATE PROTECTION: Client agrees that as the Client's sole and exclusive remedy, any claim, demand, or suit arising from the Consultant’s services shall be directed and/or asserted only against the Consultant, a corporation in the State of California, and not against any of the Consultant's employees, shareholders, officers or directors.
CIVIL ENGINEERING SERVICES: The Consultant provides only civil engineering design services. Any non-civil issue (including but not limited to structural engineering, waterproofing, floodproofing, architecture, landscape architecture, etc.) shall need to be addressed by another consultant qualified in the respective field. The work of others is not reviewed, approved or coordinated by the Consultant. The Client acknowledges that issues arising from the work of others (including but not limited to leaks, mold etc.) are non-civil and not the result of services provided by the Consultant. The Client further acknowledges all such non-civil issues are not cause for legal action against the Consultant and agrees to indemnify the Consultant against any lawsuit arising from such allegations.
EXPIRATION: This proposal is valid for 60 days from the above date.
STANDARD OF CARE: In rendering these services, the Consultant shall apply the skill and care ordinarily exercised by civil engineers at the time and place the services are rendered.
SUPPORTING DOCUMENTATION: The Client shall provide all the supporting information and documentation (e.g. geotechnical investigations, property surveys, reports, as-builts etc.) necessary for performance of the Consultant’s services.
The Consultant shall be entitled to rely, without liability, on the accuracy and completeness of any and all information provided by the Client, other consultants and contractors as well as information from public records without the need for independent verification.
DOCUMENT OWNERSHIP: All documents including, but not limited to calculations, computer files, drawings, specifications, and reports prepared by the Consultant pursuant to this Agreement are instruments of professional service intended for the one-time use in construction of this Project. Said documents are and shall remain the property of the Consultant. Any reuse without prior written approval from the Consultant is prohibited. Any future reuse of documents, if approved by the Consultant, may be subject to additional fees.
SUCCESSOR AND ASSIGNS: Consultant and Client agree that the services performed by the Consultant pursuant to this Agreement are solely for the benefit of the Client and are not intended by either the Consultant or the Client to benefit any other person or entity. To the extent that any other person or entity, including but not limited to the Contractor and/or any of its Subconsultants and other Design Professionals, is benefited by the services performed by the Consultant pursuant to this Agreement, such benefit is purely incidental and such other person or entity shall not be deemed a third party beneficiary to this Agreement.
Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in (including but without limitation, monies that may be due or monies that are due) this Agreement, without the written consent of the other, except as stated in the paragraph above, and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Consultant from employing such independent consultants, associates and subconsultants as he or she may deem appropriate to assist in the performance of services hereunder.
MEANS & METHODS OF CONSTRUCTION: Consultant will not supervise, direct, or have control over the Contractor’s work. Consultant shall not be responsible for the Contractor’s means, methods, procedures, techniques, or sequences of construction, nor for safety programs or procedures employed by the Contractor. The Consultant shall not be responsible for the Contractor’s failure to carry out work in accordance with the Contract Documents. Review of submittals by Consultant shall be for general conformance with the information given and design concept expressed in the Contract Documents, and shall not be considered certification of submittals accuracy.
INDEMNIFICATION: The Client shall indemnify and hold harmless the Consultant and its personnel, from and against all claims, damages, losses and expenses due to negligent acts, errors or omissions arising out of or resulting from the performance of others. Consultant has no duty to defend or indemnify Client without a finding of negligence, recklessness, or willful misconduct on the part of the Consultant. The parties expressly agree that this indemnity provision does not include, and in no event shall the Consultant be required to assume, any obligation or duty to defend any claims, causes of action, demands or lawsuits in connection with or arising out of this project or the services rendered by the Consultant.
FORCE MAJEURE. If the performance of the Agreement, or of any obligation hereunder is prevented, restricted or interfered with by reason of fires, equipment breakdowns, labor disputes, government ordinances or requirements, civil or military authorities, acts of God or the public enemy, acts or omissions of carriers, or other causes beyond the reasonable control of the party whose performance is affected, then the party affected, upon giving prompt notice to the other party, shall be excused from such performance on a day-for-day basis to the extent of such prevention, restriction, or interference (and the other party shall likewise be excused from performance of its obligations on the day-for-day basis to the extent such party's obligations relate to the performance so prevented, restricted or interfered with); provided that the party so affected shall use its best efforts to avoid or remove such causes.
LIMITATION OF LIABILITY: In no event will Consultant be liable for consequential damages, including lost profits, loss of investment, or other incidental damages incurred from Owner's investment based on the Scope of Work to be performed by the Engineer under this Agreement. The Consultant's total liability for work performed, which includes any liability for any
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[44T]December 19, 2023[T44] [43T]Project Number: 231728[T43] design defects pursuant to Civil Code § 2782.5, shall never exceed $50,000 or the amount paid by the Owner for services performed under this Agreement, whichever is greater.
MEDIATION / DISPUTE RESOLUTION: Owner and Consultant agree to mediate any dispute arising under this contract. In the event of any dispute, the parties, within thirty (30) days of a written request for mediation, shall attend, in good faith, a mediation in order to make a good faith reasonable effort to resolve any dispute arising under this contract. If one party initiates any court, legal, or other action to enforce any obligations under this Contract without first attempting mediation, that party shall not be entitled to any costs or attorneys’ fees as the prevailing party.
ATTORNEY FEES: If the parties become involved in litigation arising out of this contract or the performance thereof, the court shall award reasonable costs and expenses, including attorneys’ fees, to the prevailing party.
TERMINATION: This agreement may be terminated upon 30 days written notice by either party, with or without cause. In the event of termination, the Client shall pay the Consultant for all services rendered to the date of termination, all reimbursable expenses, and reasonable termination expenses.
See next page for Acceptance
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[44T]December 19, 2023[T44] [43T]Project Number: 231728[T43] SECTION 6 — AGREEMENT FOR CIVIL ENGINEERING SERVICES
Between Client [24T]Nicole Zaborsky[T24]
[25T]Tahoe Coalition for the Homeless[T25]
[26T]1137 Emerald Bay Road[T26]
[27T]South Lake Tahoe, CA 96150[T27]
Billing Contact [28T]Nicole Zaborsky[T28] Phone [29T]530-416-2779[T29] Billing Email [30T][email protected][T30]
And Consultant Ashley & Vance Engineering, Inc.
[31T]7530 Longley Lane[T31]
[32T]Reno, NV 89511[T32]
Project Manager [33T]Bruce Jones[T33] Phone [34T](775) 825-4945 x121[T34] Email [35T][email protected][T35]
For the Project [36T]2250 Lake Tahoe Boulevard[T37]
[38T]South Lake Tahoe, CA 96150[T38]
[39T] [T39]
ACCEPTANCE
Commencement of Civil Engineering services may begin after the receipt of:
• This signed proposal
• Referenced documents in Section 2
• Initial payment amount indicated in Section 3
• Required information to be provided by Client in Section 6 Payments shall be sent directly to our San Luis Obispo office:
Ashley & Vance Engineering, Inc.
Attn: Accounting
1229 Carmel Street
San Luis Obispo, CA 93401
I, the Client, have read the above Section 1: Project Understanding, Section 2: Scope of Services, Section 3:
Project Fee Summary, Section 4: Additional Services, and Section 5: Terms and Conditions, incorporated herein by reference and agree to the terms and conditions set forth by the Consultant in this Proposal and Agreement, and any pertinent Attachments.
[sig|req|1||sig_1||200|35]
[41T]Nicole Zaborsky[T41](CLIENT)
[date|req|1||date_1||70|20]
Date
[sig|req|2||sig_2||200|32]
[40T]Bruce Jones, PE[T40](CONSULTANT)
Principal Engineer
Ashley & Vance Engineering, Inc
s[date|req|2||date_2||70|20]
Date
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ATTACHMENT I
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Does not include any works or quantities not specifically mentioned in this quote. Any changes to scope of work described in this quote to be done by written change order prior to commencement of change
Alcorn Engineering Inc
2804 Santa Claus Dr
South Lake Tahoe, CA 96150 US
[email protected]
www.laketahoepaving.com
Estimate
ADDRESS
Bears Den Inn
2244 Lake Tahoe
S Lake Tahoe, CA 96150
ESTIMATE # DATE EXPIRATION DATE
1610 12/19/2023 01/19/2023
P.O. NUMBER
BMP Retrofit
ACTIVITY QTY RATE AMOUNT
temporary bmp
install & maintain temporary BMP's
1 6,500.00 6,500.00
03 Excavation
Sawcut & Excavate for new underground BMP
System, price per yard, does not include relocation
of utilities if needed.
250 162.50 40,625.00
DI Installation
Installation of traffic rated Jenson Precast direct
inlet as per plan with Flo-Gard filter basket as per
plan
2 9,750.00 19,500.00
Stormtech SC Chamber
Install Storm-tech chamber system, geo-fabric,
clean out ports & crushed gravel as per plan, price
per linear foot of chamber
150 325.00 48,750.00
Drip-line Trenches
Install drain rock filled drip-line trench with
cobblestone boarders as per plan
360 35.00 12,600.00
Asphalt Paving-Commercial
Pave 3" hot mix asphalt over 6" compacted type II
base rock, asphalt BMP conveyance swales & new
AC coverage. Price per sqft Does not include any
additional paving to parking lot beyond paving &
tie-in for new storm tech system & trash pad.
2,000 15.60 31,200.00
Mulch& Revegitate
Mulch Disturbed areas with 3" of wood chips &
revegetate with TRPA approved seed mix. Does
not include landscaping plants
15,000 0.65 9,750.00
Existing Underground Structures
Removal, repair, replacement, remediation,
relocation and any other costs arising from
unknown existing underground structures or
unsuitable underground conditions will be resolved
1 0.00 0.00
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Does not include any works or quantities not specifically mentioned in this quote. Any changes to scope of work described in this quote to be done by written change order prior to commencement of change
ACTIVITY QTY RATE AMOUNT
on a "Cost Plus 30%" basis at cost of property
owner.
Underground Utilites
Damage to underground utilities and structures not
marked by (811 USA DIGS) or property owner not
responsibiity of contractor. Contractor will make all
reasonable efforts to protect in place all known
existing structures.
1 0.00 0.00
boulders
install 2' min boulder as parking barrier keyed into
ground.
40 125.00 5,000.00
ADA Parking Area
This estimate does not include any ADA
improvements
0 0.00 0.00
This estimate is a non-binding budgetary estimate intended for budgetary planning purposes. CA DIR #PW-LR-1001076982. Contractor to conform to standard public works payroll & reporting requirements. Estimate based on plans dated 2/8/13 drawn by Gregory Cooka
TOTAL $173,925.00
Accepted By Accepted Date
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 9, 2024
Agenda Item #:10
Agenda Item: Purchase Agreement with Keith Minor, Trustee, for Acquisition of Property at 3707 Blackwood Road for $34,506.40 for the Upper Bijou Park Creek Watershed Restoration Project Executive Summary: Acquisition of the parcel at 3707 Blackwood Road for $34,506.40 will enable the construction of a new storm drainage outfall to convey water from the historical flooding issues upstream on Rockwood Drive, Woodbine Road and the Heavenly Valley Estates Mobile Home Park on Blackwood Drive. Funding for design and construction has been provided through a watershed improvement grant from the U.S. Forest Service, and this acquisition will enable a new outfall to be constructed to facilitate improved drainage in this area of the project.
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute a Purchase Agreement for the Acquisition of 3707 Blackwood Road for the Upper Bijou Park Creek Watershed Restoration Project.
Responsible Staff Member: Jason Burke, Complete Streets Program 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-BUPC Acquisition.docx
02-Resolution-Purchase Agreement.docx
03-Purchase Agreement.pdf
04-Grant Deed.pdf
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Council Agenda Report- January 9, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: January 9, 2024
Title: Acquisition of Property at 3707 Blackwood Road for the Upper Bijou Park Creek Watershed Restoration Project
Location: 3707 Blackwood Road (APN 027-331-015-000)
Responsible Staff Member: Jason Burke, Complete Streets Program Manager (530) 542-6038 Background:
The Bijou Park Creek Project is a watershed-scale project seeking to address water quality and flooding issues in a phased approach in order to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850-acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The City completed Phase 1 in 2018 with the redevelopment of the Knights Inn hotel and the failing storm drain pipe that was located beneath that hotel with new stormwater treatment basins and a replaced storm drain conveyance system integrated in the new Wholefoods/Southwest Corner redevelopment project.
The City is currently in Phase 2 of the project, focused on the large upper watershed area that is subject to historic flooding, development impacts in SEZ areas, and water quality issues. The upper watershed project includes plans to restore SEZ and floodplain areas, provide drainage solutions to support future active transportation improvements focused on the Bijou Community School and phase 1c of the Dennis Machida Memorial Greenway Trail, and include distributed natural treatment systems to reduce sediment and nutrients loads in urban runoff that has the potential to impact Lake Tahoe.
On September 26, 2023 the City Council authorized in closed session to negotiate the purchase of easements over 3707 Blackwood Road to support land acquisition needed to construct the Bijou Park Creek Restoration Project. It has since been determined that the entire parcel needed to be purchased as including the entire site as part of the project area will provide a greater water quality benefit by including a treatment basin, not just a discharge pipe within the limited easement area. The owner prefers to sell the entire parcel for the project use, as the site is subject to environmental constraints as it is located within a Stream Environment Zone. The City desires to acquire full Fee interest in the subject property for the purpose of constructing the Bijou Park Creek Restoration Project and long-term conservation of an important SEZ parcel for environmental purposes.
Flooding at Heavenly Valley Mobile Home Park and
Rockwood Drive that would be mitigated by drainage
improvement project
Flooding along Blackwood Road that would be mitigated by the drainage improvement project
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Council Agenda Report- January 9, 2024 Page 2 of 3
Flooding along Blackwood Road that would be mitigated by the drainage improvement project
Flooding along Blackwood Road that would be mitigated by project
Issue and Discussion:
The City’s subconsultant, Interwest Consulting Group, is providing property acquisition services to the City for the purchase of the properties needed for the construction of the Bijou Park Creek Restoration Project.
Interwest is providing the City with a licensed realty agent, authorized to conduct property acquisition negotiations, and provide documents needed for property acquisitions. Approval of this acquisition will allow the City to move forward with construction of project elements currently funded by the U.S. Forest Service through Lake Tahoe Restoration Act (LTRA) grant funding previously secured in Resolution 2021-046 and 2022-066 for a total of $1.4 M in construction funding. This acquisition will be funded by funds in the set aside in Resolution 2021-027 for Drainage Master Plan related acquisitions that do not have grant funding.
This request action to authorize acquisition of property at 3707 Blackwood Drive (APN 027-331-015) for a total amount of $34,506.40 will enable construction of the outfall for a critical new storm drainpipe to replace failing and complete pipes beneath the Heavenly Valley Mobile Home Park and along a segment of Blackwood Drive from Spruce Avenue to Pioneer Trail, as shown in the photos. Included with this item is an Agreement for Acquisition of Real Property prepared by the acquisition consultants and signed by the property owner and Grant Deed.
Financial Implications:
The funds to purchase the property are available within the funds appropriated by Resolution No. 2021-027 into the Drainage Master Plan account (301-40036) for drainage acquisitions that are not directly funded by grants. This acquisition is critical to move forward with utilizing the $1.4M U.S. Forest Service LTRA grant fund for implementation.
Environmental Considerations:
After completing all public noticing and review period required by relevant state laws, the Planning Commission adopted the CEQA Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020 (SCH # 202090564). The proposed improvements on this parcel were considered as a part of the adopted CEQA documents as a preferred alternative.
Policy Implications:
This acquisition will support the implementation and construction of a grant funded drainage and water quality improvement project to address the consistent flooding and water quality issues that impact residents of the Heavenly Valley Mobile Home Park where tributaries to Bijou Park Creek have been impacted by urban development in the area of Woodbine Avenue, Rockwood Drive and Blackwood Road.
The existing drainage system is antiquated, inadequate and failing, and this project will provide improved drainage and water quality infrastructure to address drainage and water quality issues identified in the Drainage Master Plan and Pollutant Load Reduction Plan. Drainage improvements in this area are 272
Council Agenda Report- January 9, 2024 Page 3 of 3
challenging to install, and the area was developed without adequate drainage systems or easements to provide drainage improvements. Implementation of this grant funded project is consistent with Strategic Priority 5: Core Services & High-Performing Government. - 5.3 Infrastructure and Maintenance - To develop Sustainable Capital Improvement Infrastructure projects.
- 5.5 Fiscal Sustainability, Resiliency & Transparency – To seek new and diverse revenue streams, partnerships and grant opportunities.
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Resolution 2024-XXX January 9, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
January 9, 2024
Authorizing Purchase Agreement for the Acquisition of 3707 Blackwood Road for the Upper Bijou Park Creek Watershed Restoration Project
BACKGROUND
A. On April 20 2021, City Council approved Resolution No. 2021-027 for the Drainage Master Plan Account (301-40036) for drainage acquisitions that are not directly funded by grants.
B. Acquisition of 3707 Blackwood Road is critical for the implementation of the Upper Bijou Park Creek Watershed Restoration drainage improvements funded by the U.S. Forest Service - Lake Tahoe Restoration Act grant and associated amendment accepted by the City in Resolutions 2021-046 and 2022-066 for construction and design.
C. The City has negotiated a Purchase Agreement with Keith Minor for the purchase in fee of one parcel totaling 0.63 acres for $34,506.40 (APN 027-331-015).
D. The parcel to be purchased is an important component of the new storm drainpipe outfall to improve drainage along Blackwood Road as a part of the larger Upper Bijou Park Creek Watershed Restoration Project.
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 Purchase Agreement, attached hereto as Exhibit A, to acquire in fee the 3707 Blackwood Road (APN 027-331-015) property as described within the Purchase Agreement for the price of $34,506.40 plus closing costs, fees, and taxes that are associated with the property purchase.
2. Authorizes and directs the City Manager to take any further actions necessary to implement the Purchase Agreement.
Adopted by the City of South Lake Tahoe City Council on January 9, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
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Resolution 2024-XXX January 9, 2024 Page 2 of 2
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 9, 2024
Agenda Item #:11
Agenda Item: Tahoe Fund Grant Applications for $150,000 for Microtransit Charging Infrastructure and $200,000 for Police Department Electric Vehicle Pilot Program Executive Summary: The Tahoe Fund is a private charitable organization that offers a funding stream to support environmental improvement projects throughout the Basin. They are currently accepting grant proposals in the focus areas of Forest Health, Lake Clarity, Sustainable Recreation, and Stewardship.
The City Council will consider authorization for City staff to submit applications for a total of $350,000 in grant funds toward charging infrastructure for microtransit and Police Department electric vehicles.
Requested Action / Suggested Motions: Pass a Resolution authorizing the City Manager to submit grant applications for a total of $350,000 to the Tahoe Fund for charging infrastructure for microtransit and a Police Department electric vehicle pilot program.
Responsible Staff Member: Sara Letton, Sustainability Coordinator, 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 - Tahoe Fund Grant Applications.docx
02-Resolution - Tahoe Fund Grant Applications.docx
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Council Agenda Report- January 9, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: January 9, 2024
Title: Tahoe Fund Grant Application for charging infrastructure for Microtransit and Police Vehicles
Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator, and Hilary Roverud, Assistant City Manager
Background: The Tahoe Fund is a private charitable organization that offers a funding stream to support environmental improvement projects throughout the Basin. They are currently accepting grant proposals in the focus areas of Forest Health, Lake Clarity, Sustainable Recreation, and Stewardship. Requests can be between $5,000 to $1,000,000 and applications are reviewed on a rolling basis. No match is required but they expect projects to leverage funding from other sources.
Issue and Discussion: Staff recommends that the City submit two applications to the grant program.
EV Charging for Microtransit:
The City has been a significant supporter of the South Shore Transit Management Association’s (SSTMA) Lake Link microtransit program, which found significant success in its pilot year. Both parties agree on a goal to electrify the Lake Link fleet, as funding allows. Initial success and the alignment with TRPA’s Environmental Improvement Program led to a recent program agreement with TRPA for $275,355 toward a Level 2 Electric Vehicle (EV) Charging Base Station for four vehicles to charge overnight on City property at 1700 D Street. With microtransit vehicles driving significant miles each day, dedicated on-route Level 3 fast charging is essential for a successful deployment of EVs by Lake Link. The partnership is important for electrification because SSTMA does not own/control property. Securing an on-route dedicated fast charger is the final step to make adequate infrastructure available to begin transition to electric microtransit vehicles.
The request to Tahoe Fund is for an estimated cost of $150,000 to install dedicated fast charging at an existing parking space adjacent to the Recreation and Swim Complex/Ice Arena driveway entrance. Fast chargers are as much as ten times more expensive than Level 2 (“overnight”) chargers. Site improvements will include electric meter, snow canopy, and one Level 3 charger dedicated for microtransit vehicle use. City Staff are working with Liberty Utilities for electrical upgrades to the point of the meter via their Make Ready program. This is one of several sites identified for need of construction plans for site improvements for fleet EV charging. Design services are being requested via RFP this winter and will be ready once this funding is secured. 296
Council Agenda Report- January 9, 2024 Page 2 of 3
Police EV Pilot Project:
The City of South Lake Tahoe’s Police Department (PD) seeks to pilot the use of one electric pursuit-rated vehicle. Electrifying police vehicles is a huge opportunity for reducing carbon emissions because they tally a lot of vehicle miles traveled (VMTs) during their 12-hour shifts. As first responders, police depend on reliable and predictable technologies so that they can focus on public safety priorities. This project proposes procuring one electric pursuit-rated cruiser and the supporting charging infrastructure as a pilot program to test the reliability and effectiveness of the vehicle for PD use in this community.
To do this outside of normal vehicle replacement schedules and budget, will allow PD to have the reliable backup that they desire while piloting a new technology and a new way of managing their most valuable asset on the job: their vehicle. Some damage that is an easy fix for an internal combustion engine vehicle could be catastrophic to an EV, and replacement time and cost is a concern. Officers desire full-size vehicles, such as the Ford Lightning (and others that are entering the marketplace). This has an aluminum body which is easily damaged and requires niche expertise for repair work. Repair needs and lead times are also something the PD would like to gain experience with. There have been a handful of police departments in the state that have begun making the transition to electric. In South Lake Tahoe, such an endeavor is riskier because of our cold climate, which negatively affects range and poses additional road hazards. Running a pilot provides efficiency in the sense that it would allow PD to gather data and experience that will inform a larger, longer term investment in zero emissions fleet technologies, with a plan to leverage significant state and federal grants to build out the EV fleet in a holistic, data-informed manner.
Financial Implications: EV Charging for Microtransit: The grant request is for the full cost of site work and snow canopy, and the charger itself at an estimated $150,000. Police EV Pilot Project: Requesting $200,000 for the vehicle, charging infrastructure, site work and snow canopy (allowing for quick deployment and protection of charger). If awarded, acceptance of the award will be brought back for City Council consideration.
Environmental Considerations:Providing direction to staff on these matters is statutorily exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15262 (feasibility and planning studies for possible future actions which the City Council has not yet approved, adopted, or funded).
Policy Implications:
The project supports the City’s Strategic Priorities:
1.4 Transportation via “electrification of the transportation system is a top priority” and Action Item 4: “Continue to 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.”
1.5 Carbon Neutrality to “pursue opportunities for electrification, including transitioning fleet vehicles to electric and building robust EV charging infrastructure by 2025.” The project advances Climate Action Plan:
EDT-1, Promote and incentivize EVs and EV chargers: “Evaluate the potential incentives to convert fleets to EVs.”
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Council Agenda Report- January 9, 2024 Page 3 of 3
TR-1 Support improvement of transit services: “Work with TTD and other transportation agencies to improve overall accessibility, reliability, and convenience of transit services.” The project supports community GHG emissions reductions, contributing to the science-based emissions reductions target established recently in Resolution No. 2022-088. The project also contributes to achieving the goal set in December 2021, Resolution No 2021-104, to aspire toward citywide 100 percent renewable, carbon-free electricity, 24/7 by 2030 connected to the local distribution grid.
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Resolution 2024-XXX January 9, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the
City of South Lake Tahoe
City Council
January 9, 2024
Authorization to Apply for Tahoe Fund Grant for charging infrastructure for Microtransit and Police Electric Vehicles
BACKGROUND
A. The City of South Lake Tahoe’s (the City) 2018 greenhouse gas (GHG) inventory revealed On-Road Transportation to be the third largest source of communitywide emissions in South Lake Tahoe.
B. In 2020, the City adopted its first Climate Action Plan (CAP), which outlined a suite of strategies and actions across various sectors to reduce GHG emissions in South Lake Tahoe. The CAP specifically addresses the need for increased use of electric vehicles (EVs) in Strategy 3: Electric Vehicles (EVs) - Increase the Use of EVs to Reduce Emissions from Passenger and Transit Vehicles. Under Strategy 3, Action EV-1 states the intent to Promote and incentivize EVs and EV chargers.
C. The Tahoe Fund is a nonprofit organization with the goal to become a major source of private funding for environmental projects around the Lake Tahoe Basin with an emphasis on forest health, lake clarity, sustainable recreation, transportation and stewardship. Tahoe Fund is currently accepting grant proposals for environmental improvement projects.
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 City Manager, or designee, to submit two grant applications to the Tahoe Fund. One in the amount of $150,000 for dedicated microtransit electric vehicle Level 3 charging infrastructure and one in the amount of $200,000 for electric vehicle charging infrastructure and a vehicle for a Police Department electric vehicle pilot project.
Adopted by the City of South Lake Tahoe City Council on January 9, 2024 by the following vote:
Yes:
No:
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Resolution 2024-XXX January 9, 2024 Page 2 of 2
Absent:
Abstain:
_______________________________ ___________________
Cody Bass, 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.
300
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 9, 2024
Agenda Item #:12
Agenda Item: Pioneer Trail Safety Improvement Project Engineering/Design Budget Request For $56,000
Executive Summary: The City entered into a Professional Service Agreement with design consultant Lumos & Associates to prepare project bid documents for the Pioneer Trail Safety Project. Public Works intended to use a Federal Highway Administration (FHWA), Highway Safety Improvement (HSIP) grant to fund the engineering and design effort for the Pioneer Trail Safety Project near Edna Ave and Glenwood Way, on Pioneer Trail. However, the overall project construction cost is anticipated to exceed the HSIP grant funding. Public Works is requesting an engineering and design budget in the amount of $56,000 of General Fund undesignated excess reserve to fund the preparation of the Project bid documents.
Requested Action / Suggested Motions: Pass a Resolution authorizing the transfer of $56,000 of General Fund Undesignated Excess Reserve to the Pioneer Trail Safety Improvement Project (301- 50038-48020)
Responsible Staff Member: Steve Anderjack, Associate Civil Engineer, and Stan Hill, Engineering 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 - Pioneer Trail Budget Transfer.docx
02-Resolution - Pioneer Trail Safety Improvement Project General Fund Transfer.docx 03-Vicinity Map.pdf
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Council Agenda Report January 9, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 9, 2024
Title: Pioneer Trail Safety Improvement Project Engineering/Design Budget Request ($56,000) Location: Pioneer Trail in the vicinity of Glenwood Way and Edna Street (between April Drive and Bodie Drive)
Responsible Staff Member: Stephen Anderjack, Associate Civil Engineer, (530) 542-6033 Background:
In June of 2018, the City of South Lake Tahoe, in partnership with the Tahoe Regional Planning Agency (TRPA), conducted a Systematic Safety Analysis report using grant funding from the State of California.
This study reviewed accident history at key intersections throughout the City and ranked each one by its severity. Rankings were determined by the number of crashes, the severity of each crash, and the amount of property damage caused. This ranking methodology is the standard methodology used by traffic engineers and for the Federal Highway Administration’s (FHWA) Highway Safety Improvement Program (HSIP). The safety analysis determined that the intersection of Pioneer Trail and Edna Street-Glenwood Way has one of the top three accident history rankings amongst City maintained roads.
In August of 2018, the Public Works Department applied Caltrans to obtain HSIP grant funds to assist with intersection safety improvements. The City was awarded two HSIP Grants. One $49,500 HSIP grant for Preliminary Engineering (PE) which was accepted by City Council via Resolution 2020-098 on November 3rd, 2020. A $5,500 local match to the HSIP grant was approved with the acceptance of $49,500 HSIP funds to provide a $55,000 Project PE budget. A second HSIP grant was also awarded for $103,590 of Construction (CON) funding with a $11,410 local match. This would bring the project CON budget to $115,000. This grant is scheduled to be accepted after the City receives CON Authorization from Caltrans.
An informal Request for Proposal (RFP) was issued in June of 2023, soliciting engineering and design services. Review of the three proposals delivered to Public Works found Lumos and Associates to be the most qualified consultant. A Professional Service Agreement (PSA) for $45,000 was executed with Lumos & Associates on August 1, 2023. The project is currently in the design phase, with 60% plans received and reviewed by Public Works.
Issue and Discussion:
Proposed safety improvements include increasing night visibility with additional streetlighting, traffic warning signage, upgrades to pavement markings, and solar-powered radar speed feedback signs in each direction of travel.
During Project design, additional site safety concerns were identified at the 60% design stage. Review of the 60% plans indicated minimal roadside shoulder widths that would not meet the intent of the safety improvement project. Consequently, the scope of work has expanded to include additional roadside 302
Council Agenda Report January 9, 2024 Page 2 of 2
shoulder pavement width, revised pavement markings, and relocation of the following existing improvements: 1) storm drain improvements, 2) retaining wall, and 3) one utility power pole.
The $49,500 of PE HSIP funding awarded to the City for the Pioneer Trail HSIP safety project was originally planned to be used exclusively to fund design costs of the proposed safety enhancement improvements. However, Public Works has determined design and construction costs may exceed the HSIP and local fund match currently appropriated to the Project. Moving the PE funds to the CON phase would bring the total CON phase funding to $170,000.
To better address Project funding needs, Public Works will be requesting Caltrans’ authorization to use the PE HSIP funding for construction of the safety enhancement improvements. Public Works is requesting the transfer of General Fund undesignated excess reserves to the Pioneer Trail safety project budget (301-50038-48020) for engineering design expenses ($56,000) to cover the engineering and design services.
The proposed budget transfer to the Pioneer Trail HSIP safety project will address budget needs for engineering design. However, project construction expenses may exceed the remaining HSIP funds budgeted. Therefore, upon completion of the PS&E bid documents, Public Works may return to the City Council to request additional General Fund undesignated excess reserves for the construction of the safety improvements.
Financial Implications:
Currently, Public Works is requesting the allocation of funds for the Engineering and Environmental phase of the project. This would require the City Council to allocate $56,000 from General Fund undesignated excess reserves to the Project as follows:
From: Fund (Revenue)
Revenue Code Fund Type Amount
36300 General Fund $(56,000)
To: Capital Account
Fund Account Object Code Amount
301 50038 48020 $56,000
Environmental Considerations:
On June 15, 2021, a CEQA Notice of Exemption was filed by the City Planning Manager with the State Clearinghouse as a Class 4, 15304 (minor alteration to land) categorical exemption, State Clearinghouse Number 2021060316. This project is comprised of minor alterations to an existing street. No additional automobile lanes will be created, and no additional vehicular capacity is expected. Additionally, this project seeks to add safety devices for use in conjunction with existing facilities. Caltrans, the Project Lead for NEPA found the Project to be Categorically Exempt. A TRPA construction permit will be acquired before the start of construction.
Policy Implications:
This project is consistent with the City Council priorities and will enhance public safety through improvements to the built environment.
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Resolution 2024-XXX January 9, 2024 Page 1 of 2
Resolution 2024-XX
Adopted by the City of South Lake Tahoe
City Council
January 9th, 2024
Pioneer Trail Safety Improvement Project Engineering/Design Budget Request ($56,000)
BACKGROUND
A. In June of 2018, the City and the Tahoe Regional Planning Agency conducted a Systemic Safety Analysis report that ranked key intersections on the City streets by the number of crashes and severity of the crashes.
B. The City was awarded two Highway Safety Improvement Program (HSIP) Grants. The first grant includes $49,500 in Preliminary Engineering (PE) Highway Safety Improvement Program (HSIP) funds, which required a matching local agency contribution of $5,500.
The second HSIP grant was awarded for $103,590 of Construction (CON) funding with a $11,410 local match. This would bring the project CON budget to $115,000. This grant is scheduled to be accepted after the City receives CON Authorization from Caltrans.
C. On November 3, 2020, City Council accepted and appropriated the $49,500 in HSIP grant funding and approved the transfer of $5,500 of General Funds to the Pioneer Trail Safety Improvement Project via Resolution 2020-098.
D. An informal RFP was issued in June of 2023, soliciting engineering and design services.
Three proposals were received, and Lumos & Associates was found to be the most qualified consultant. A Professional Service Agreement for $45,000 was executed with Lumos & Associates on August 1, 2023.
E. The project is currently in the design phase with 60% drawings received and reviewed by Public Works.
F. During Project design review, it was identified that minimal roadside shoulder widths would not meet the intent of the safety improvement project, and consequently additional scope was added to the project including additional roadside shoulder pavement width, revised pavement markings, and relocation of the following existing improvements: 1) storm drain improvements; 2) retaining wall; and 3) one utility power pole. This additional scope will cost an additional $11,000 bringing the total engineering and design cost of the project to $56,000.
G. The HSIP PE funding awarded to the City for the Pioneer Trail HSIP safety project was originally planned to be exclusively used to fund design of the proposed safety enhancement improvements. However, Public Works has determined design and 304
Resolution 2024-XXX January 9, 2024 Page 2 of 2
construction costs may exceed the HSIP grant funding. Moving the PE Funds to the CON phase would bring the total CON phase funding to $170,000.
H. To better address Project funding needs, Public Works will be requesting Caltrans’ authorization to use the HSIP funding for construction of the safety enhancement improvements. Public Works is requesting the transfer of General Fund undesignated excess reserves to the Pioneer Trail safety project budget (301-50038-48020) for engineering design expenses ($56,000) to cover the engineering and design services.
BASED ON THE FACTS SET FORTH HEREIN, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Approves the transfer of $56,000 in General Fund undesignated excess reserves to the Pioneer Trail Safety Improvement Project.
2. Appropriates said funding into existing CIP fund accounts as follows:
Pioneer Trail Safety Improvement Project 301-50038
Revenue (Fund) Amount Object Code (Description)
General Fund Excess Reserves $56,000.00 301-50038-48020 (Engineering/Design) Adopted by the City of South Lake Tahoe City Council on January 9, 2024, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
__________________ Date:_____________
Cody Bass, 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.
305
Pioneer Trail & Edna Street Intersection
Bode Dr.
April Dr
Edna St
April Dr
Glenwood Way
Pioneer Trail
Ralph Dr
Janet Dr Andy Jo Cir
NS1: Add Intersection Lighting (NS.I.) New Streetlight on Existing Pole NS5: Install/Upgrade Larger or Additional Stop Signs or Other Intersection Warning/Regulatory Signs Terminal Road Sign
NS1: Add intersectionLighting (NS.I.) New Streetlight on Existing Pole R16: Widen Shoulder (Paved) 4’ Shoulder
NS10: Improve Sight Distance to Intersection (Clear Sight Triangles)Move Stop Bar NS5: Install/Upgrade Larger or Additional Stop Signs or Other Intersection Warning/Regulatory Signs Terminal Road Sign R32: Install Edge-lines and Centerlines Stripe out Corner NS6: Upgrade Intersection Pavement Markings (NS.I.)
R30: Install Dynamic/Variable Speed Warning Signs
R30: Install Dynamic/Variable Speed Warning Signs
YOUR SPEED
YOUR SPEED
306
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 9, 2024
Agenda Item #:13
Agenda Item: Master Fee Schedule Update - Youth Basketball League Fee Executive Summary: The proposal before the City Council is to introduce a youth basketball league fee to the master schedule. The fee of $50.00 would cover the expenses of staff and equipment for the sixweek program, meeting once per week. The program aims to enroll 50 participants to ensure costrecovery, the fee would be allocated for equipment, facilities, uniforms and staff management. In the introductory season, the youth basketball league will be coed and open to participants in 3rd-8th grades.
The program is a great opportunity for young people to learn new skills, stay active, and engage with their peers in a safe and supportive environment.
Requested Action / Suggested Motions: Pass a Resolution updating to the Master Schedule of Fees and Charges for City Services to include a Youth Basketball League Fee.
Responsible Staff Member: John Stark, Director of Parks & Recreation Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirove, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Youth Basketball League Fee.docx
02-Resolution - Youth Basketball League Fee.docx
03-Master Fee Schedule Update - Youth Basketball League Fee.pptx 307
Council Agenda Report- January 9, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 9, 2024
Title: Master Fee Schedule Update – Youth Basketball League Fee Location: Citywide
Responsible Staff Member: John Stark, Director of Parks & Recreation Background:
User fees in California are required to conform to the California Constitution (including Proposition 26) and statutory requirements. User fees imposed to provide specific services or for entrance to or use of city property are generally excluded from the definition of “tax” under Proposition 26.
The Parks & Recreation Department has heard from community members a desire to add more youth programming available indoors during the winter and spring months. Basketball has the highest level of participation for youth sports in the United States. Recreation staff would like to offer a new youth basketball league beginning in March and ending in April for a period of six weeks. The league will be open to 50 children in the 3rd – 8th grades. Staff are working on creating new programming that can be carried from the existing Recreation Center into the new Recreation Center and Swim Complex. Kylee Finnegan, Recreation Coordinator will facilitate this program.
We would like to offer this program annually and as we open the new facility, look to potentially offer longer or multiple seasons.
Currently, there is no fee listed in the Master Fee Schedule for participation in a youth basketball league. The new fee of $50.00 would be added to the Master Fee Schedule under the Recreation Complex section under the Youth and Teens subsection. It would cover the fully burdened rate of staff, equipment, facilities, and uniforms for a participant to join the league.
Issue and Discussion: The proposal before the City Council is to introduce a youth basketball league fee to the Master Fee Schedule. The fee of $50.00 would cover the expenses of staff and equipment for the six-week program, meeting once per week. The program aims to enroll 50 participants to ensure cost-recovery, the fee would be allocated for equipment, facilities, uniforms and staff management.
In the introductory season, the youth basketball league will be coed and open to participants in 3rd8th grades. The program is a great opportunity for young people to learn new skills, stay active, and engage with their peers in a safe and supportive environment.
Financial Implications: Fees that are less than full cost recovery will be required to be subsidized by other General Fund revenues. This will be based upon the number of enrolled participants. 308
Council Agenda Report- January 9, 2024 Page 2 of 2
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: Implementation of the recommended fees is consistent with the City’s adopted Financial Policies of cost recovery for City provided services where applicable. 309
Resolution 2024-XXX January 9, 2024 Page 1 of 2
Resolution 2024-XXXX
Adopted by the City of South Lake Tahoe
City Council
January 9, 2024
Amending FY 2022/2023 City Master Fee Schedule to
include a Youth Basketball League Fee
BACKGROUND
A. The Parks & Recreation Department has heard from community members a desire to add more youth programming available indoors during the winter and spring months. Basketball has the highest level of participation for youth sports in the United States.
B. Recreation staff would like to offer a new youth basketball league beginning in March and ending in April for a period of six weeks. The league will be open to 50 children in the 3rd – 8th grades. Staff are working on creating new programming that can be carried from the existing Recreation Center into the new Recreation Center and Swim Complex. Recreation Coordinator will facilitate this program. The intent is to offer this program annually and as we open the new facility, look to potentially offer longer or multiple seasons.
C. On April 4, 2023, the City Council adopted Resolution No. 2023-32, establishing the 2022/2023 City of South Lake Tahoe Master Fee Schedule. Currently, there is no fee listed in the Master Fee Schedule for participation in a youth basketball league.
D. The new fee of $50.00 would be added to the Master Fee Schedule under the Recreation Complex section under the Youth and Teens subsection. It would cover the fully burdened rate of staff, equipment, facilities, and uniforms for a participant to join the league.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Has conducted an analysis of the costs of its services.
2. Wishes to recover costs of providing special services, such that general revenues are not diverted from general services to subsidize services.
3. Intends to charge the new fee amounts according to the implementation dates as set forth in the applicable codes and all fees and charges as presented in the Master Fee Schedule are hereby to be computed and applied by the various City departments.
4. Approves the following fees which are effective upon approval of this resolution, amending the Master Fee Schedule:
Parks & Recreation Department
Fee Description Unit Adopted Fee
Recreation Complex Youth & Teens:
Youth Basketball League Season Participant $50
310
Resolution 2024-XXX January 9, 2024 Page 2 of 2
Adopted by the City of South Lake Tahoe City Council on January 9, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
Date:
Cody Bass, 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.
311
City Council
January 9, 2024
1 Master Fee Schedule Update – Youth Basketball League Fee John Stark, Director of Parks & Recreation
312
New Youth Basketball League Fee
2 • Add $50 fee to Master Fee Schedule under Recreation Complex, Youth & Teen Programs for a new Youth Basketball League
• League will be for 50 total participants in the 3rd – 8th grades • 6-week league focusing on skill development, March 2 – April 6th • Cost covers facility use, uniforms, staff time and equipment 313
QUESTIONS?
3 314
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 9, 2024
Agenda Item #:14
Agenda Item: 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 Executive Summary: At the City Council meeting on August 8, 2023, Councilmember John Friedrich requested that the issue of on-site consumption be brought back to City Council for discussion, which was seconded by Councilmember Tamara Wallace. On September 26, 2023, the Planning Commission adopted Resolution No. 2023-015, recommending to City Council amend the Cannabis Ordinance to allow on-site consumption at permitted retailers and microbusinesses with a retail component. Two versions of an ordinance amending the South Lake Tahoe City Code are included for Council consideration: Version 1 allowing on-site consumption at cannabis retailers, and Version 2 continuing to prohibit on-site consumption but making other changes necessary because of changes in state law and circumstances. This item was continued from the meetings on November 21 and December 12, 2023.
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) and refer second reading to January 23, 2024, 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.
Responsible Staff Member: Heather Stroud, City Attorney Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01 - Staff Report - Cannabis Ordinance.docx
02 - Ordinance Version 1 Allowing Onsite 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 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 11- Planning Commission Res 2023-015.pdf
12-Notice of Public Hearing 11 21 2023.pdf
315
City Council Agenda Report- January 9, 2024 Page 1 of 4 City of South Lake Tahoe
Report to City Council
Meeting Date: January 9, 2024
Title: 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
Location: Citywide
Responsible Staff Member: Heather L. Stroud, City Attorney (530) 542-6046 Background:
On February 19, 2019, City Council adopted Ordinance No. 2019-1126 (“Cannabis Ordinance”), which regulates cannabis businesses in order to ensure the health, safety, and welfare of the residents of and visitors to the City of South Lake Tahoe. Since that time, the City has issued Cannabis Use Permits, Public Safety Licenses, and Development Agreements to five cannabis businesses to operate in the City, in addition to the existing dispensary (Tahoe Wellness Center).
Currently, there are three permitted retailers with delivery: Embarc Tahoe, Cannablue, and Tahoe Green, and one microbusiness permitted: Tahoe Wellness Center. The City Council terminated former microbusiness Perfect Union SLT’s Development Agreement and Cannabis Use Permit on June 15, 2021, and microbusiness Redefining Organics has ceased operations and failed to renew their Public Safety License by the deadline November 9, 2023, which resulted in the automatic termination of its cannabis use permit under South Lake Tahoe City Code section
6.55.780(D).
At the City Council meeting on August 8, 2023, Councilmember John Friedrich requested that the issue of on-site consumption be brought back to City Council for discussion, which was seconded by Councilmember Tamara Wallace. On September 26, 2023, the Planning Commission adopted Resolution No. 2023-015, recommending to City Council amend the Cannabis Ordinance to allow on-site consumption at permitted retailers and microbusinesses with a retail component. This item was continued from the City Council meetings on November 21 and December 12, 2023.
Issue and Discussion:
During last year’s discussion, City Council members expressed some concern about allowing onsite consumption at that time as there were not robust alternative transportation options available for customers who may become impaired, and there were no measurable limits for testing cannabis impairment while driving, unlike alcohol. Because the full City Council has not yet provided direction on whether on-site consumption is supported at this time, two versions of the ordinance are included for consideration: one allowing on-site consumption (Version 1) and one continuing to prohibit it (Version 2). If Version 1 of the ordinance is selected, then amendments to other parts of the South Lake Tahoe City Code would be required, including the Public Safety License Ordinance (Chapter 4.180) and Clean Indoor Air and Health Protection (Chapter 4.100). 316
City Council Agenda Report- January 9, 2024 Page 2 of 4 Identical updates are included in both Version 1 and Version 2 of the ordinance to reflect changes in state law regarding medical cannabis delivery (Senate Bill 1186), and clean-up changes to remove the development agreement requirement because of passage of the cannabis tax with Measure G and to remove the provision for existing medical cannabis dispensaries which is no longer applicable.
On-Site Consumption
Several of the retail businesses have indicated interest in pursuing on-site consumption. During stakeholder meetings held in 2021, stakeholders generally did not have concerns. Some of the stakeholders who work with children were in favor of allowing on-site consumption because it would allow parents a safe space to consume cannabis outside of the home. Another benefit would be to provide an alternative to reduce illegal consumption in public and reduce smoking or vaping by visitors in hotel rooms. The main concern with on-site consumption expressed would be customers leaving after consuming cannabis products and driving while impaired.
If permitted by the local jurisdiction, on-site consumption is allowed under state law (Business & Professions Code section 26200(g)) in accordance with the following requirements:
Must have state license as cannabis retailer or microbusiness with retail component Access restricted to customers age 21 and up
No alcohol or tobacco may be sold or consumed on premises Consumption of cannabis cannot be visible from a public place or non-restricted area Cities in California that have allowed on-site consumption include West Hollywood, Eureka, Desert Hot Springs, Coachella, Palm Springs, San Francisco, Berkeley, Oakland, and National City.
Jurisdictions that are considering allowing on-site consumption but have not yet authorized it include Sacramento, which currently has a City Council subcommittee considering a pilot program that has not yet been considered by the full Council, Washoe County, Nevada, where the County Commissioners voted in July 2023 to not allow on-site consumption at this time because of public safety concerns about impaired driving, and Reno, which has put its discussion of permitting onsite consumption lounges on hold as of February 2023 because there are no more Nevada state licenses for this business type available.
Version 1 of the proposed ordinance includes the following provision recommended by City Council:
Permitted retailers and microbusinesses with a retail component may apply to add an onsite consumption lounge indoors within their existing retail cannabis business footprint by applying to amend their Public Safety License.
Permitted retailers and microbusinesses with retail component may apply to add an on-site consumption lounge expanding the existing retail cannabis business footprint by applying to amend their Cannabis Use Permit, in addition to amending their Public Safety License as described above.
The related changes to the Public Safety License Ordinance (Chapter 4.180) include the following provisions as recommended by City Council in 2022:
o Hours of operation limited to end by 2:00am (consistent with closing time for bars), with sales to end by 10:00pm as required by state law
317
City Council Agenda Report- January 9, 2024 Page 3 of 4 o Ventilation plan designed to prevent flow of smoke to all other areas of retail establishment and neighboring businesses and properties o Plan for adequate security and lighting to protect safety of patrons o Measures to prevent loitering in outdoor areas including parking lot o Employee of cannabis business must be present in consumption area at all times o Employee training on assisting customers to avoid overconsumption of edibles required
o Applicants required to cut off service to impaired patrons and provide option for safe ride home for customers such as shuttle, taxi, or ride-share service Opened and unfinished cannabis products must be securely repackaged before leaving the site
Cannabis products ingested, smoked, or vaped in consumption lounges must be purchased on-site
Consumption lounge must be a separate indoor space, or separate outdoor space not visible to the public and situated and ventilated to prevent odors perceptible to neighboring properties, with separate entrance from retail store
Additionally, an amendment is proposed to the Public Safety License ordinance to permanently allow curbside delivery at retailers, which was first allowed as an emergency measure during the Covid pandemic. State law has since been amended to permanently allow curbside delivery.
Related changes to the Clean Indoor Air and Health Protection Ordinance (Chapter 4.100) are required to allow smoking at permitted cannabis retailers in a consumption lounge which is physically separated from the rest of the premises, in compliance with state law.
Additional updates to this ordinance for consistency with current state law on smoking in workplaces is included.
Medicinal Cannabis Delivery
In 2022, the Legislature passed Senate Bill 1186 (The Medicinal Cannabis Patients’ Right of Access Act), which effective January 1, 2024, prohibits cities from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to patients or caregivers. Specifically, SB 1186 prohibits regulations that limit the number of businesses authorized to deliver medicinal cannabis in the city, limits the operating hours of medicinal cannabis businesses, limits the number or frequency of medicinal cannabis sales by delivery, limits the types or quantities of medicinal cannabis, or requires the establishment of a physical premises within the city. Both versions of the Cannabis Ordinance contain exemptions from the cannabis business requirements applicable to medicinal cannabis delivery in accordance SB 1186. A Public Safety License would still be required for any cannabis retailer from outside the city conducting delivery of medicinal cannabis within the city.
Measure G / Development Agreements
Measure G passed in the November 2022 election, establishing a cannabis business and professions tax. Because of the passage of this ballot measure, the community benefit fee collected through development agreements is now offset by the amount of the tax. The current development agreements will remain in place until their terms expire in 2024-2025, but the proposed changes would remove the development agreement requirement for any new cannabis business, should City Council elect to reopen the competitive process for any open permit types.
Both versions of the Cannabis Ordinance remove the development agreement provisions. 318
City Council Agenda Report- January 9, 2024 Page 4 of 4 Existing Medical Marijuana Dispensaries
Additionally, both versions of the ordinance remove Section 6.55.840 (Existing permitted medical marijuana dispensaries) and references to this section because it is no longer needed. The only cannabis business that was subject to this provision, Tahoe Wellness Center, received a cannabis use permit in 2022 and is now operating under the same regulatory framework as the other cannabis businesses. It is important to note that currently, Tahoe Wellness Center is not counted towards the cap of four retailers (or microbusiness with retailer component) authorized to operate in the city based on Subsection 6.55.740(A)(9). If this provision is removed as proposed, then Tahoe Wellness Center would be counted towards the cap, and there would be no additional retail licenses available since four are currently operating. Staff does not recommend increasing the number of retail licenses at this time.
Financial Implications:
The proposed amendments to the Cannabis Ordinance could result in additional revenue to the City if they result in additional business activities, in the form of additional cannabis business and professions taxes collected.
Environmental Considerations:
Both versions of the proposed ordinance would allow for additional or expanded cannabis business activities, however it 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. The General Plan EIR is available on the City website at: https://www.cityofslt.us/575/General-Plan. No further environmental analysis is required under California Environmental Quality Act (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.
Policy Implications:
Applicable General Plan policies include:
Policy LU‐5.1: Locally Serving Commercial
The City shall ensure that commercial uses are responsive to the needs and wishes of the community and encourage users to shop locally, which will reduce Vehicle Miles Traveled (VMT) from purchasing items outside the Lake Tahoe Basin.
Policy ED‐1.1: High‐Tech and Environmentally-Sustainable Business The City shall support programs and activities that promote business/job retention, expansion, and new business/job development including high‐tech and environmentallysustainable businesses.
Policy ED‐1.7: Year‐Round Community
The City shall provide economic incentives and regulatory reform that support an economically diverse and prosperous year‐round community for city residents and visitors alike. 319
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Ordinance 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
January 23, 2024
An Ordinance Amending the South Lake Tahoe City Code Chapter 6.55, Article X (Cannabis Regulations), Chapter 4.180 (Cannabis Public Safety License Ordinance), and Chapter 4.100 (Clean Indoor Air and Health Protection) to Allow On-Site Consumption at Cannabis Retailers, Allow Curbside Delivery, Remove Outdated Provisions Regarding Development Agreements and Existing Medical Marijuana Dispensaries, and to Comply with Changes in State Law Regarding Smoking in Workplaces
FINDINGS
A. On February 5, 2019, the City Council adopted Ordinance No. 2019-1126 (“Cannabis Ordinance”), which regulates cannabis businesses in order to ensure the health, safety, and welfare of the residents of and visitors to the City of South Lake Tahoe.
B. On February 10, 2022, the Planning Commission conducted a public hearing to consider amendments to the Cannabis Ordinance, and adopted Resolution No. 2022-001 recommending that the City Council adopt an ordinance amending Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code to allow on-site consumption and make other changes.
C. On March 15, 2022, the City Council voted instead to adopt a version of the ordinance to continue to prohibit on-site consumption, but included the other changes recommended by the Planning Commission, including allowing permittees to hold multiple non-retail permits and increasing the maximum canopy size for cultivators to 22,000 square feet.
D. At the City Council meeting on August 8, 2023, Councilmember John Friedrich requested that the issue of on-site consumption be brought back to City Council for discussion, which was seconded by Councilmember Tamara Wallace.
E. In 2022, the California Legislature adopted Senate Bill 1186 (The Medicinal Cannabis Patients’ Right of Access Act), which effective January 1, 2024, prohibits cities from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to patients or caregivers, and the proposed ordinance is consistent with SB 1186.
F. Measure G passed in the November 2022 election, establishing a cannabis business and professions tax that is intended to take the place of the community benefit fee contained in development agreements. While the current development agreements will remain in place until their terms expire in 2024-2025, the proposed ordinance would remove the development agreement requirement for any new cannabis business that becomes licensed at a later date. 320
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G. The only business that was subject to Section 6.55.840 (Existing permitted medical marijuana dispensaries), Tahoe Wellness Center, received a cannabis use permit in 2022 and is now operating under the same regulatory framework as the other cannabis businesses such that this provision is no longer needed, and the proposed ordinance would delete it and other references to it.
H. The City allowed curbside delivery during the Covid pandemic under an emergency order without issue, and since then, the Department of Cannabis Control has amended its regulations to permanently allow curbside delivery under 4 Cal. Code Regulations section 15402(d).
I. Under Labor Code section 6404.5, smoking is generally prohibited in workplaces statewide, requiring amendments to the City’s Clean Indoor Air and Health Protection Ordinance which has a number of exceptions that are no longer allowed under state law. Notwithstanding Labor Code section 6405.5, Business and Professions Code section 26200(g) allows local jurisdictions to allow for the smoking, vaporizing, and ingesting of cannabis and cannabis products on the premises of a licensed cannabis retailer or microbusiness with a retailer component with certain operational requirements that are set forth in this Ordinance.
J. In accordance with Government Code section 65853, the Planning Commission reviewed and considered the amendments to the zoning and use regulations in Title 6 of the South Lake Tahoe City Code at a duly noticed public hearing and made a recommendation to City Council by adopting Resolution No. 2023-015.
Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:
SECTION 1. Chapter 4.100 (Clean Indoor Air and Health Protection) of the South Lake Tahoe City Code is amended to read in its entirety as follows:
Chapter 4.100
CLEAN AIR AND HEALTH PROTECTION
Sections:
4.100.010 Purposes.
4.100.020 Authority.
4.100.030 Definitions.
4.100.040 Smoking prohibitions – Public places.
4.100.050 Places where smoking is permissible.
4.100.060 Violation and penalties.
4.100.010 Purposes.
The U.S. Environmental Protection Agency (EPA) has determined that tobacco smoke is a major source of indoor air pollution and the Surgeon General’s 1986 report on the health consequences of involuntary smoking concludes that exposure to tobacco smoke places healthy nonsmokers at increased risk for developing lung cancer. Other health hazards of involuntary smoking include respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm. While all members of the population are truly at increased 321
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risk due to exposure to sidestream tobacco smoke, it constitutes a special health hazard for children, the elderly and people with chronic lung disorders.
The Surgeon General labels smoking “the largest single preventable cause of death and disability for the U.S. population.”
More than 80 percent of El Dorado County residents are nonsmokers, and the number of nonsmokers is steadily increasing. Opinion surveys show that a majority of both nonsmokers and smokers favor restrictions on smoking in public places.
Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in serious and significant physical discomforts of nonsmokers, and constitutes a public nuisance in public places.
This chapter attempts to find a compromise that allows smokers to smoke, and others to breathe smoke-free air.
Health and Safety Code section 11362.3 prohibits smoking cannabis or cannabis products in a public place and in a location where smoking tobacco is prohibited.
This chapter is not to be interpreted as requiring any establishment to provide a smoking area.
4.100.020 Authority.
This chapter is enacted pursuant to Health and Safety Code section 118910 for the purpose of restricting and regulating smoking in public places in order to reduce the hazards and nuisances which smoking causes to those who are involuntarily exposed.
4.100.030 Definitions.
As used in this chapter, the words and phrases shall have the following meanings:
A. “On-site consumption lounge” means a facility operating with a city-issued public safety license and cannabis use permit where cannabis and cannabis products may be smoked, vaped, or ingested within the confines of the facility.
B. “Person” means any natural person, partnership, corporation, unincorporated association, joint venture, business trust, joint stock company, club, or other organization of any kind.
C. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated pipe, cigar, cigarette, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. Smoking includes the use of an electronic smoking device that creates an aerosol or a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
D. “Tobacco shop” means any business establishment, the main purpose of which is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories.
4.100.040 Smoking prohibitions – Public places.
Except as specifically provided, it is unlawful for any other person to smoke in the public places named and described in subsections (A) through (C) of this section, inclusive, and other public places similarly situated, including but not limited to the following areas:
A. Outdoor public recreation areas owned, operated, or maintained by the city, including parks and beaches as defined in SLTCC 8.05.010, golf courses, and campgrounds; 322
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B. Parking lots, parking structures, and parking areas owned, operated, or maintained by the city; and
C. Other places in which members of the general public congregate or otherwise frequent.
4.100.050 Places where smoking is permissible.
Smoking may be permitted in all locations where smoking is not prohibited by this chapter, including the following locations:
A. Residential units, including those which are used for home occupations under the provisions of SLTCC 6.55.280; provided, however, that this exemption shall not authorize smoking in any day care or child care facility.
B. On-site consumption lounges as applied to smoking of cannabis and cannabis products only.
C. Areas where smoking is permitted within certain workplace areas under Labor Code section 6404.5, as may be amended.
It shall not constitute a violation of SLTCC 4.100.040 for a person to smoke in a location where smoking has been authorized in the manner prescribed by this section.
4.100.060 Violation and penalties – Smoking or posting.
Any person who violates the prohibitions contained in SLTCC 4.100.040 shall be guilty of an infraction, punishable in the manner hereinafter prescribed:
A. A fine not exceeding $100.00 for a first violation.
B. A fine not exceeding $200.00 for a second violation of this chapter within one year.
C. A fine not exceeding $500.00 for each additional violation of this chapter within one year.
SECTION 2. Chapter 4.180 (Cannabis Public Safety License Ordinance) of the South Lake Tahoe City Code is amended to read in its entirety as follows:
Chapter 4.180
CANNABIS PUBLIC SAFETY LICENSE ORDINANCE
Section:
4.180.010 Purpose and intent.
4.180.020 Definitions.
4.180.030 Cannabis businesses – General provisions.
4.180.040 Cannabis public safety license – General provisions.
4.180.050 Public safety license and public safety license renewal – Approval and denial.
4.180.060 Expiration and renewal of cannabis public safety licenses.
4.180.070 Suspension and revocation by chief of police.
4.180.080 No vested rights.
4.180.010 Purpose and intent.
It is the purpose and intent of this chapter to establish a cannabis public safety license and the procedures for issuance of said license. A cannabis public safety license shall be required as a condition for the continued operation of any cannabis business as set forth in this chapter. The 323
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regulations in this chapter are meant to ensure the health, safety, and welfare of the residents of the city of South Lake Tahoe. Cannabis businesses within the city must comply with all provisions of the South Lake Tahoe City Code for obtaining permits and licenses for a cannabis business and must comply with the state cannabis laws and all other applicable local and state laws. Nothing in this chapter permits activities that are otherwise illegal under state or local laws.
4.180.020 Definitions.
As used in this chapter:
“Applicant” means any person who is required to file an application for issuance of a cannabis public safety license to operate a cannabis business under this chapter, including without limitation an individual owner, operator, or agent of a cannabis business. “Application for renewal” shall mean an application for a renewed cannabis public safety license, which application may be submitted by a licensee.
“Cannabis” shall have the meaning set forth in Cal. Bus. & Prof. Code § 26001(f) and as subsequently amended.
“Cannabis business” shall include:
a. Any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity takes place.
b. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license under Cal. Bus. & Prof. Code § 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis manufacturing, cannabis testing and cannabis retail sales, and the operation of a cannabis microbusiness.
“Cannabis products” shall have the meaning set forth in Cal. Bus. & Prof. Code § 26001(k) and as subsequently amended.
“Cannabis use permit” shall mean a use permit issued for the operation of a cannabis business pursuant to Article X of Chapter 6.55 SLTCC.
“Commercial cannabis activity” shall include the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or acting as a cannabis event organizer for temporary cannabis events.
“Cultivation” shall mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Curbside delivery” shall mean a sale of cannabis or cannabis products from a licensed retail storefront or licensed microbusiness with retailer component that is delivered to a customer in their vehicle parked immediately outside the retail or microbusiness premises. “Licensee” shall mean the cannabis business owner identified to the city as such, and to whom a city cannabis public safety license has been issued.
“Operator” shall mean any person responsible for management of the cannabis business; any person listed as an officer, director, manager, or member in statement of information filed with the Secretary of State for a cannabis business; any person listed in a governing document for a cannabis business, 324
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such as bylaws, articles of incorporation, or operating agreement; any person owning an interest in the cannabis business, unless the interest is solely a security, lien, or encumbrance; and any person that supervises an employee of the cannabis business.
“Owner” shall have that meaning set forth in Cal. Bus. & Prof. Code § 26001(ap) and as it may be amended.
“Permittee” shall mean any person issued a cannabis use permit under Article X of Chapter 6.55 SLTCC.
“Police chief” shall mean the chief of the city of South Lake Tahoe police department. “Property” shall mean the designated structure or structures and land specified in the cannabis use permit application that is owned, leased or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. “State cannabis laws” means and includes Cal. Health & Safety Code §§ 11362.1 through 11362.45; Cal. Health & Safety Code § 11362.5 (Compassionate Use Act of 1996); Cal. Health & Safety Code §§ 11362.7 through 11362.83 (Medical Marijuana Program); Cal. Bus. & Prof. Code § 26000 et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; Cal.
Labor Code § 147.5; Cal. Rev. & Tax. Code §§ 34010 through 34021.5; Cal. Fish and Game Code § 12029; Cal. Water Code § 13276; all state regulations adopted by the Department of Cannabis Control; any license issued by the Department of Cannabis Control; and all other applicable laws of the state of California regulating cannabis or cannabis products. “State license” shall mean a license from the Department of Cannabis Control issued pursuant to Division 10 of the Cal. Bus. & Prof. Code.
4.180.030 Cannabis businesses – General provisions.
A. Cannabis Use Permit and Public Safety License Required to Operate. It shall be unlawful for any person to engage in, to conduct or carry on (or to permit to be engaged in, conducted or carried on) in or upon property located within the city the operation of a cannabis business unless that person has first obtained and continues to maintain in full force and effect a valid cannabis use permit issued by the city for that property and that type of cannabis business and a valid cannabis public safety license issued by the city to the owner and/or operator of the cannabis business, pursuant to this chapter.
B. Imposition of Public Safety License Fees.
1. Every application for a cannabis public safety license or renewal of such license shall be accompanied by a license 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 license. The application fee shall include the standard city fees for fingerprinting, photographing, and background check costs and shall be in addition to any other business license fee or permit fee imposed by this code or other governmental agencies.
2. A fee for renewal of a public safety license will be due annually.
C. Conditions of Operation.
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1. Security Plan. A licensee shall provide adequate security on the premises of the cannabis business. The following minimum security standards shall be maintained at all times:
a. Surveillance System.
i. Each cannabis business shall be monitored at all times by a digital closedcircuit television surveillance system. Surveillance systems shall meet any applicable state law requirements, including those set forth in Title 4 of the California Code of Regulations § 15044, and any subsequently enacted regulation. The camera and video recording surveillance system must be capable of providing surveillance of both interior and exterior areas of the cannabis business and must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the property. The recordings shall be maintained at the cannabis business or other location accessible to the police department for a period of not less than ninety (90) days.
ii. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under camera/video surveillance. iii. The surveillance system recordings shall be maintained in such manner as to allow remote access by the police department. The police chief may request that the permittee provide secured electronic access to video feeds of the surveillance system in real time, to be provided via an online portal or through other software deemed acceptable to the police chief. b. Loitering Adjacent to a Cannabis Business. Licensees shall take reasonable measures to reduce loitering by cannabis business members, patrons, guests and invitees in public areas, sidewalks, alleys and areas surrounding the property and adjacent premises during the business hours of the cannabis business. c. Identification Verification System. Each cannabis business shall require identification upon entry to the cannabis business and shall implement electronic verification of identification provided to ensure that applicable age restrictions in SLTCC 6.55.800(A)(5) are complied with.
d. On-Site Consumption. If a retail cannabis business or a microbusiness with a retailer component includes an on-site consumption area, adequate security and lighting shall be provided for the on-site consumption area to protect the safety of patrons and protect the premises from theft.
e. Curbside Delivery. Curbside delivery of cannabis or cannabis products must occur under video surveillance that meets the requirements of SLTCC
4.180.030(C)(1)(a)(i) for recording point-of-sale areas. Retail employees engaging in curbside delivery must verify each customer’s age and identity.
2. Nuisances Prohibited. A licensee shall take reasonable steps to correct objectionable conditions that constitute a nuisance on any public sidewalk or public space abutting the cannabis business premises.
a. For purposes of this section, “objectionable conditions that constitute a nuisance” means public consumption of cannabis or cannabis products, disturbance of the peace, drug trafficking, disposing of litter or trash, or excessive loud noise. 326
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b. For purposes of this section, “reasonable steps” means all of the following:
i. Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed as evidence of objectionable conditions that constitute a nuisance.
ii. Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feels that their personal safety would be threatened in making that request. iii. Making good faith efforts to remove items that facilitate loitering, such as furniture, except those structures approved or permitted by the local jurisdiction.
The licensee shall not be liable for the removal of those items that facilitate loitering.
3. On-site Consumption Operations. A licensee with an on-site consumption area shall maintain the following operating conditions, in addition to the operating conditions in this Subsection C, at all times:
a. No person under 21 years of age shall be allowed in the on-site consumption area.
Employees shall notify patrons verbally and through posting of a conspicuous sign that entry into the premises by persons under the age of 21 is prohibited. b. Hours of operating for cannabis sales shall be limited to 6:00am to 10:00pm, and hours of operation in the on-site consumption area shall end no later than 2:00am, or as further limited by the cannabis use permit.
c. The licensee shall implement a ventilation plan to prevent the flow of smoke to all other areas of the cannabis business and neighboring businesses and properties, such that odor generated is not detected outside the consumption area. d. The licensee shall provide employee training on how to assist customers to avoid overconsumption of edibles. This training must include information about various products the consumption area sells, such as potency, absorption time, and effects. e. A responsible employee of the cannabis business must be present in the on-site consumption area at all times when it is open to customers. f. Cannabis products ingested, smoked, or vaped in an on-site consumption area must be purchased on-site.
g. An employee of the cannabis business must securely repackage a customer’s opened and unfinished cannabis products before the customer leaves the on-site consumption area.
h. The sale or consumption of alcohol or tobacco products is not allowed on the premises.
i. A licensee allowing smoking or vaping shall comply with SLTCC 4.100 (Clean Air and Health Protection).
j. Employees must cut off service to impaired customers and provide an option for a safe ride home, such as a shuttle, taxi, or ride-share service. 327
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4. State License Required to Operate. Operation of a cannabis business shall not commence until a licensee has obtained a valid state license. Licensees shall maintain a valid state license at all times during operation of a cannabis business.
D. Inspection of Cannabis Business.
1. City officials may enter and inspect, investigate, audit, or review any licensee’s cannabis business, without prior notice, to ensure compliance and enforcement of the provisions of this chapter. An inspection, investigation, review or audit may be conducted at any time that the licensee is exercising privileges under the license or at such time otherwise as agreed to by the police chief and the licensee.
2. No licensee or any other person shall refuse, impede, obstruct, or interfere with an inspection pursuant to this chapter.
3. This subsection shall not be construed to require a licensee to cooperate with a request that would require the licensee to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the licensee’s business.
E. Notification to Police Department of Security Breaches. Each licensee shall notify the chief of police immediately after discovering any of the following: diversion, theft, loss, or any criminal activity involving the cannabis business; significant discrepancies identified during inventory; or any other breach of security.
F. Transfer of Cannabis Public Safety Licenses Prohibited. Cannabis public safety licenses issued pursuant to this chapter shall be nontransferable to a different person or entity. Any attempt to transfer or any transfer of ownership or control of a cannabis business shall be grounds for revocation of the cannabis public safety license by the chief of police.
4.180.040 Cannabis public safety license – General provisions.
A. Application Procedures.
1. Public safety license application must be approved prior to the applicant initiating the cannabis use permit application process as set forth more fully in Article X of Chapter
6.55 SLTCC.
2. The city council may set further application procedures and requirements by separate resolution.
B. Application Filing Requirements. A complete cannabis public safety license application or application for renewal or amendment along with all required fees and materials required by this chapter shall be submitted in order for a person, entity, and/or business to be considered for a cannabis public safety license. All cannabis public safety license applications or applications for renewal or amendment shall be filed with the chief of police using forms and authorizations provided by the city.
1. Eligibility for Filing. Public safety license applications and applications for renewal or amendment shall be filed by the owner and/or operator of the cannabis business.
2. Cannabis public safety license applications and applications for renewal or amendment shall include:
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a. For each licensee, owner, operator and employee of the cannabis business, a fully legible copy of one valid government-issued form of photo identification, such as a state driver’s license or identification card. Acceptable forms of government-issued identification include, but are not limited to, driver’s license or photo identity cards issued by the State Department of Motor Vehicles (or equivalent), a passport issued by the United States or by a foreign government, U.S. Military ID cards (active duty or retired military and their dependents) or a permanent resident card. b. If the cannabis business is incorporated, a certified copy of the articles of organization, certificate(s) of amendment, bylaws, and statement(s) of information filed with the California Secretary of State for the cannabis business. c. If the cannabis business is a limited liability company, a certified copy of the articles of organization, certificate(s) of amendment, operating agreement, bylaws, and statement(s) of information filed with the California Secretary of State for the cannabis business.
d. If the cannabis business is an unincorporated association, a copy of the articles of association and any filings made with the California Secretary of State. e. The name, address, electronic mail address and mobile phone number of the applicant’s or licensee’s current designated agent for service of process. f. Emergency Contact. The name, electronic mail address, and mobile phone number of an owner, operator, or manager to act as an on-site community relations staff person to whom the city may provide notice of any operating problems associated with the cannabis business.
g. A statement dated and signed by each applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct.
3. In addition to a completed public safety license application or application for renewal, applicants or licensees shall provide and submit the following information to the chief of police:
a. The applicant and each owner, operator and employee shall consent to fingerprinting and a criminal background investigation, and shall undergo fingerprinting and a criminal background investigation. b. Security Plans. Applicants shall provide a plan to provide adequate security on the premises of the cannabis business. The plan shall include standards showing the cannabis business’s ability to comply with the conditions of SLTCC 4.180.030(C).
C. Ongoing Filing and Reporting Requirements. Where a cannabis business or licensee replaces, hires, appoints or employs new operators and/or employees to its cannabis business, all such operators and employees shall be required to submit to fingerprinting and a criminal background investigation pursuant to subsection (B)(3) of this section. A cannabis business or licensee has an ongoing obligation to immediately report to the police chief any conviction for an offense listed in SLTCC 4.180.050(A)(3) imposed on an owner, operator and/or employee of the cannabis business or licensee. A cannabis business or licensee shall also have an ongoing obligation to immediately report to the chief of police any of the events listed in SLTCC 4.180.050(A)(4) or (A)(5).
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4.180.050 Public safety license issuance, renewal, and amendment – Approval and denial.
A. Criteria for Issuance. Cannabis public safety license applications or applications for renewal or amendment shall be approved where the chief of police confirms that the following criteria have been met:
1. The applicant and each owner, operator and employee of the cannabis business have authorized and completed fingerprinting.
2. The applicant and each owner, operator and employee of the cannabis business have authorized the use of their fingerprinting results to run a state and nationwide criminal background check.
3. The results of the criminal background checks establish that the applicant, owner(s), operator(s), and employees have not been convicted of an offense that is substantially related to the qualifications, functions, or duties of a cannabis business.
The following offenses are substantially related to the qualifications, functions, or duties of a cannabis business:
a. A violent felony conviction, as specified in Cal. Penal Code § 667.5(c). b. A serious felony conviction, as specified in Cal. Penal Code § 1192.7(c). c. A felony conviction involving fraud, deceit, or embezzlement. d. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
e. A felony conviction for drug trafficking with enhancements pursuant to Cal. Health & Safety Code § 11370.4 or 11379.8.
f. Conviction for any controlled substance felony subsequent to licensure shall be grounds for revocation of a license or denial of the renewal of a license.
4. The applicant has not been convicted, cited, fined, or penalized by the state or any city, county, or city and county, or enjoined by any court of law, in the five years immediately preceding the application for a cannabis public safety license or cannabis public safety renewal license, for any unauthorized cannabis activities.
5. The applicant has not been convicted, cited, fined, or penalized by the state or any city, county, or city and county, or enjoined by any court of law, in the five years immediately preceding the application for a cannabis public safety license or cannabis public safety renewal license, for cultivation or production of a controlled substance on public or private lands.
6. Security Plan. The applicant or licensee has provided a security plan providing the minimum standards set forth in SLTCC 4.180.030(C)(1).
7. Minimum Age. The applicant or licensee, and each owner, operator and employee of the cannabis business, is at least 21 years of age.
B. In addition to the criteria in Subsection A, the chief of police shall approve amendments to cannabis public safety licenses to allow on-site consumption at retailers or microbusinesses 330
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with a retailer component where the chief of police confirms the following criteria have been met:
1. The applicant has provided a site plan that shows the area designated for on-site consumption is physically separated and has a separate secure entrance from the retail storefront, and the area designated for on-site consumption is not visible from a public space and is situated and ventilated to prevent odors perceptible from neighboring properties.
2. If the site plan shows that adding an on-site consumption area will result in expansion of the area for retail use permitted by the cannabis use permit, the planning commission has approved an amendment to the cannabis use permit allowing the enlargement of retail space under SLTCC 6.55.760.
3. The applicant has provided an updated security plan providing the minimum standards set forth in SLTCC 4.180.030(C)(1)(d).
4. The applicant has provided an operations plan providing the minimum standards set forth in SLTCC 4.180.030(C)(3).
C. Criteria for Denial. Cannabis public safety licenses shall not be issued, renewed, or amended where the chief of police confirms that one or more of the criteria set forth in subsection (A) or (B) of this section have not been met. If the chief of police denies the cannabis public safety license application or application for renewal or amendment, he or she shall specify in writing the reasons for the denial of the application or application for renewal, and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to subsection (D) of this section.
D. Appeal from Chief of Police Determination. An applicant who disagrees with the chief of police’s decision to approve or deny a cannabis public safety license application or application for renewal or amendment may appeal the decision to the city council in accordance with the appeal provisions of Chapter 2.35 SLTCC, Administrative Appeals.
4.180.060 Expiration and renewal of cannabis public safety licenses.
A. Cannabis public safety licenses shall expire one year after their issuance.
B. Cannabis public safety licenses must be renewed on an annual basis prior to expiration by filing with the chief of police an application for renewal and a renewal 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 license.
C. The application for renewal and the renewal fee shall be filed at least 30 days, but not more than 60 days, prior to the expiration of the public safety license. If a timely renewal application is filed, the licensee’s cannabis public safety license shall not expire until the date that the chief of police approves or denies the public safety license application for renewal.
D. An application for renewal shall be subject to all filing requirements set forth in SLTCC
4.180.040(B) and (C).
E. The chief of police shall issue or deny an application for renewal in accordance with the provisions of SLTCC 4.180.050.
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4.180.070 Suspension and revocation by chief of police.
A. A cannabis public safety license issued under the terms of this chapter shall be suspended or revoked by the chief of police if he or she concludes any of the following:
1. The cannabis business or licensee has violated any of the requirements of this chapter.
2. The cannabis business is being operated in a manner which violates the security plan required by this chapter.
3. The cannabis business is being operated in a manner which constitutes a nuisance.
4. The cannabis business has failed to comply with the conditions of operation set forth in SLTCC 4.180.030(C).
5. The cannabis business has ceased to operate for 30 days or more.
6. Results of a criminal background check establish that a licensee, owner(s), operator(s), and/or employee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of a cannabis business, as set forth in SLTCC
4.180.050(A)(3).
7. The applicant has been convicted, cited, fined, or penalized by any state or any city, county, or city and county, or enjoined by any court of law, in the five years immediately preceding the application for a cannabis public safety license or cannabis public safety renewal license, for any unauthorized cannabis activities.
8. The applicant has been convicted, cited, fined, or penalized by the state or any city, county, or city and county, or enjoined by any court of law, in the five years immediately preceding the application for a cannabis public safety license or cannabis public safety renewal license, for cultivation or production of a controlled substance on public or private lands.
9. The cannabis business is being operated in a manner which conflicts with or violates state cannabis laws.
10. A licensee’s cannabis use permit issued pursuant to Chapter 6.55 SLTCC has been terminated or revoked.
11. A licensee has attempted to transfer or has transferred a cannabis public safety license to another person or entity.
12. A licensee’s state license has been suspended, terminated, or revoked.
B. Expiration. Any cannabis public safety license revoked pursuant to this subsection shall be deemed to be expired and shall no longer entitle the licensee to any privileges authorized by the cannabis public safety license.
C. Appeal from Chief of Police Determination. A licensee who disagrees with the chief of police’s decision to suspend or revoke a cannabis public safety license may appeal the police chief’s decision to the city council in accordance with the appeal provisions of Chapter 2.35 SLTCC, Administrative Appeals.
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4.180.080 No vested rights.
No person(s) shall have any vested rights to a cannabis public safety license, right or interest under this chapter, regardless of whether such person(s) cultivated, sold, distributed or otherwise engaged in acts related to the use of cannabis prior to adoption of the ordinance codified in this chapter.
SECTION 3. Article X (Cannabis Regulations) of Chapter 6.55 of the South Lake Tahoe City Code is amended to read in its entirety as follows:
Article X. Cannabis Regulations
6.55.700 Purpose and intent.
6.55.710 Definitions.
6.55.720 Residential cultivation of cannabis.
6.55.730 Cannabis businesses – Use permit, development agreement, and public safety license required.
6.55.740 Cannabis businesses – General provisions.
6.55.750 Cannabis use permit application requirements.
6.55.760 Review, issuance, and/or denial of cannabis use permit applications.
6.55.770 Appeal from planning commission determination.
6.55.780 Suspension and revocation by planning commission.
6.55.790 [Reserved]
6.55.800 Cannabis businesses – Conditions of operation.
6.55.810 Business license tax liability.
6.55.820 No vested rights.
6.55.830 Public nuisance.
6.55.700 Purpose and intent.
It is the purpose and intent of this article to regulate the cultivation, manufacturing, testing, and sales of medical and adult-use cannabis in order to ensure the health, safety, and welfare of the residents of the city of South Lake Tahoe. The regulations in this article are meant to ensure compliance with the state cannabis laws and are not intended to and do not interfere with a patient’s right to use medical cannabis as authorized by the state cannabis laws. Nor do these regulations criminalize the possession or cultivation of cannabis for medical or nonmedical purposes as permitted by the state cannabis laws. Cannabis businesses within the city must comply with all provisions of the city code for obtaining permits for a cannabis business and must comply with the state cannabis laws and all other applicable local and state laws.
6.55.710 Definitions.
For the purposes of this article, the following words and phrases shall have the following meanings:
“Applicant” means any person who is required to file an application for a cannabis use permit to operate a cannabis business under this article, including without limitation an individual owner, operator, or agent of a cannabis business.
“Cannabis” shall have the meaning set forth in Section 26001(f) of the Business and Professions Code and as subsequently amended.
“Cannabis business” shall include:
a. Any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity takes place.
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b. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license under Business and Professions Code Section 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis manufacture, cannabis testing and cannabis retail sales, and the operation of a cannabis microbusiness. “Cannabis product” shall have the same meaning as in Section 11018.1 of the Health and Safety Code.
“Canopy” means all areas occupied by any portion of a cannabis plant, encompassing all vertical planes (i.e., stacking of plants), whether contiguous or noncontiguous on any one site. The canopy shall be measured by taking the longest length and widest width of existing plants (including all gaps, walkways, and open areas between plants) and multiplying the longest length by the longest width to get the area of the cannabis canopy. Each level of a stacked cultivation will be calculated as a separate canopy.
“Commercial cannabis activity” shall include the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or acting as a cannabis event organizer for temporary cannabis events.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Cultivator” means any cannabis business engaged in cultivation activities, but specifically excluding cultivation in a private residence or accessory dwelling unit authorized pursuant to SLTCC 6.55.720. “Day care center” shall have that meaning as set forth in Section 1596.76 of the Health and Safety Code.
“Delivery” means the commercial transfer of cannabis or cannabis products to a customer or patient. “Delivery” also includes the use by a retailer of any technology platform. “Delivery operation” means a cannabis business that engages in or otherwise provides deliveries. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
“Distributor” means any cannabis business engaged in distribution. “Drug paraphernalia” shall have the meaning set forth in California Health and Safety Code Section 11014.5, and as subsequently amended.
“Edible cannabis product” means cannabis that is intended to be used, in whole or in part, for human consumption.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Identification card” shall have the meaning set forth in California Health and Safety Code Section 11362.7(g), and as may be amended from time to time.
“Manufacture” means to compound, blend, extract, infuse, package, label, or otherwise make or prepare a cannabis product.
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“Manufacturer” means any cannabis business that conducts any activities involving the manufacture of a cannabis product.
“Medicinal cannabis” or “medicinal cannabis product” shall have the meaning set forth in California Business and Professions Code Section 26001(al)(1), which includes cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses a physician’s recommendation. “Microbusiness” means a cannabis business that engages in commercial cannabis activities of at least three of the following types of cannabis businesses: retailer, distributor, manufacturer, cultivator. “Operator” shall mean any person responsible for management of the cannabis business; any person listed as an officer, director, manager, or member in the Statement of Information filed with the Secretary of State for a cannabis business; any person listed in a governing document for a cannabis business, such as bylaws, articles of incorporation, or operating agreement; any person owning an interest in the cannabis business, unless the interest is solely a security, lien, or encumbrance; and any person that supervises an employee of the cannabis business. “Owner” shall have that meaning set forth in Section 26001(ap) of the Business and Professions Code and as it may be amended.
“Package” or “packaging” means any container or wrapper that may be used for enclosing or containing any cannabis or cannabis products. The term “package” does not include any shipping container or outer wrapping used solely for the transportation of cannabis or cannabis products in bulk quantity to another licensee or licensed premises. “Park” shall mean any land, with public access, intended to provide recreation. For the purposes of this article, “park” also includes public beaches.
“Permittee” shall mean any person issued a cannabis use permit under this article. “Physician” shall mean a licensed medical doctor, including a doctor of osteopathic medicine as defined in the California Business and Professions Code. “Property” shall mean the designated structure or structures and land specified in the cannabis use permit application that is owned, leased or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. “Retailer” means any cannabis business that engages in the sale of cannabis or cannabis products to customers, including medical and adult-use cannabis or cannabis products. “School” means any public or private school providing instruction in kindergarten or any of grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
“State cannabis laws” means and includes California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program); California Business and Professions Code Section 26000 et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 335
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147.5; California Revenue and Taxation Code Sections 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted by the Department of Cannabis Control; any license issued by the Department of Cannabis Control; and all other applicable laws of the state of California regulating cannabis or cannabis products. “Testing laboratory” means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products and is licensed by the Department of Cannabis Control. “Youth centers” shall mean any youth center, as defined in Section 11353.1(e)(2) of the Health and Safety Code, any playground, as defined in Section 11353.1(e)(1) of the Health and Safety Code, and any child day care facility, as that term is defined in Section 1596.750 of the Health and Safety Code.
6.55.720 Residential cultivation of cannabis.
A. No person or entity may cultivate cannabis in any residence in the city, except that a person may cultivate no more than six living cannabis plants inside his or her private residence or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry; provided, that the owner of the property provides written consent expressly allowing the cannabis cultivation to occur, there is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation, and the cultivation complies with Health and Safety Code Section 11362.2(a)(3), as it may be amended.
B. Amortization of Existing Residential Cultivation Permits. All residential cultivation permits previously issued by the city are hereby deemed amortized and are null and void.
C. No Vested Rights. No person(s) shall have any vested rights to any permit, right or interest under this article, regardless of whether such person(s) cultivated cannabis prior to adoption of the ordinance codified in this article.
D. Public Nuisances. Cultivation shall not create a public nuisance and adversely affect the health or safety of persons residing in or near the residence where the cultivation occurs. A public nuisance may be deemed to exist if cultivation produces:
1. Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby properties or areas open to the public;
2. More than three substantiated responses to valid confirmed complaints in a one-year time period to the residence from law enforcement officers;
3. More than three disruptions in a one-year time period to the free passage of persons or vehicles in the neighborhood;
4. Excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby properties or areas open to the public in accordance with SLTCC 4.70.160;
5. Adverse effects to health or safety through creation of mold, mildew, dust, glare, heat, noise, noxious gases, odor, smoke, traffic, parking, vibration, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes.
E. Environment. Runoff and waste disposal by the residence where cultivation occurs must be in compliance with any applicable city, county, regional, state, and federal laws and regulations.
A violation of any applicable city, county, regional, state, or federal law will be deemed a violation of this article.
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F. Cultivation of cannabis in residences shall be in conformance with the following requirements:
1. Cultivation shall only occur in fully enclosed and secure structures. All outdoor cultivation of cannabis is strictly prohibited.
2. Cultivation shall only occur in residences which are in full compliance with the city code, including the building code and fire code.
3. No cooking, baking, or alteration as to form and substance of cannabis for commercial purposes, and/or sale, is permitted in a residence which cultivates cannabis.
4. From a public right-of-way, there shall be no exterior evidence of cannabis cultivation occurring at the residence.
6.55.730 Cannabis businesses – Use permit and public safety license required.
It shall be unlawful for any person to engage in, to conduct or carry on (or to permit to be engaged in, conducted or carried on) in or upon property located within the city, the operation of a cannabis business unless that person has first obtained and continues to maintain in full force and effect: a valid cannabis use permit issued by the city for that property and a valid cannabis public safety license issued by the city to the owner and/or operator of the cannabis business, pursuant to Chapter
4.180 SLTCC.
6.55.740 Cannabis businesses – General provisions.
A. Cannabis Businesses Allowed.
1. Only those types of cannabis businesses set forth in this section shall be allowed within the city:
a. Retailers.
b. Microbusinesses.
c. Testing labs.
d. Cultivators.
e. Manufacturers.
f. Distributors.
g. Delivery operations.
Any and all cannabis businesses, activities, nonprofits, associations, enterprises, collectives, cooperatives or dispensaries not expressly described herein are expressly prohibited. Temporary cannabis events are prohibited within the city.
2. No more than one cannabis business may exist in the same suite or unit on a lot or parcel of property.
3. An owner and/or operator of a cannabis business may not own or operate more than one retail cannabis business, including a microbusiness with a retailer component, within the city.
4. No more than four retailers are permitted in the city, including microbusinesses with a retailer component. Delivery operations of medicinal cannabis to medicinal cannabis 337
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patients or their primary caregivers within the city that originate from retailers outside the city’s jurisdictional limits are not subject to this limitation.
5. No more than two microbusinesses are permitted in the city, unless after the application period referenced in SLTCC 6.55.750(C) there are open permits for retailers, cultivators, manufacturers, or distributors, in which case the city council may adopt a resolution to reopen the application period to allow additional microbusinesses combining the open permit types.
6. No more than two cultivators are permitted in the city.
7. No more than four manufacturers are permitted in the city.
8. Distributors are permitted in the city only as part of a microbusiness, unless one or more of the permitted microbusinesses do not include a distributor component, in which case a distributor shall be permitted for each microbusiness without a distributor component.
B. Limitations on Location.
1. Permissible Zoning. Subject to limitations described in this article and other parts of SLTCC Title 6, and applicable regulations of the Tahoe Regional Planning Agency, cannabis businesses may operate only in a location where such land use will be consistent with the land uses authorized under the applicable area plan, plan area statement, and/or community plan for such location. Table 6.55.740 sets forth the applicable permissible use categories for each type of cannabis business.
Table 6.55.740
City Cannabis
Business Type
TRPA Permissible
Use Categories
a. Retailers
(including delivery
operations)
“food and beverage
retail sales” and
“general
merchandise stores”
b.
Microbusinesses
i. Retailer See a.
ii. Distributor See f.
iii.
Manufacturer
See e.
iv. Cultivator See d.
c. Testing labs “industrial services”
d. Cultivators “industrial services”
e. Manufacturers “food and kindred
products” and “small
scale
manufacturing”*
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City Cannabis
Business Type
TRPA Permissible
Use Categories
f. Distributors “wholesale and
distribution”
* The applicable TRPA permissible use category for a manufacturer will depend on the type of cannabis product being manufactured.
2. Areas and Zones Where Cannabis Businesses Are Not Permitted. a. Notwithstanding subsection (B)(1) of this section, a cannabis business may not operate on a parcel or lot located within 1,000 feet of a school, or 600 feet of a youth center, or 600 feet of a day care center, or 150 feet of any park, any religious institution, any residential or outpatient drug or alcohol treatment facility licensed by the State Department of Health Care Services, or hospital, that is in existence at the time the cannabis use permit is issued.
Distances under this subsection shall be calculated as a straight line from any parcel line of the property on which the cannabis business is located to the parcel line of the real property on which the facility, building, or structure, or portion of the facility, building or structure, in which the listed use occurs or is located. Locational restrictions shall apply to an entire parcel if any portion of the parcel is located within the applicable buffer distance.
b. Cannabis businesses may not operate on a parcel or lot located within a residential designated land use area, as depicted in the city’s general plan.
C. Transfer of Cannabis Use Permits.
1. Permit – Site Specific. A permittee shall not operate a cannabis business under the authority of a cannabis use permit at any place other than the parcel and specified address of the cannabis business stated in the application for the permit. All permits issued by the city pursuant to this article shall be nontransferable to a different location.
2. Transfer of a Permitted Cannabis Business. A permittee shall not transfer ownership or control of a cannabis business or attempt to transfer a cannabis use permit to another person unless and until the transferee obtains an amendment to the cannabis use permit from the planning commission to the permitting requirements of this article stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the development services department in accordance with all provisions of this article accompanied by the required transfer review application deposit.
3. Request for Transfer with a Revocation or Suspension Pending. No cannabis use permit may be transferred (and no permission for a transfer may be issued) when the development services department has notified the permittee in writing that the permit has been or may be suspended or revoked for noncompliance with this chapter and a notice of such suspension or revocation has been provided.
4. Transfer without Permission. Any attempt to transfer a cannabis use permit either directly or indirectly in violation of this chapter is declared void, and the permit shall be deemed revoked.
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6.55.750 Cannabis use permit application requirements.
A. Cannabis Public Safety License. Applicants seeking a cannabis use permit to operate a cannabis business within the city shall first submit an application for a cannabis public safety license. Upon the chief of police’s, or their designee’s, approval of the application for a cannabis public safety license, the applicant may submit an application for a cannabis use permit to operate a cannabis business.
B. Except as set forth in this article, applications for cannabis use permits shall be processed consistent with Article VII (Use Permits and Variances). The city manager, or their designee, may recommend, and the city council may establish by resolution, any necessary procedures and application requirements.
C. Use Permits for Retailers, Cultivators, Manufacturers, Distributors, and Microbusinesses.
Because only a limited number of retailers, cultivators, manufacturers, distributors, and microbusinesses are permitted, an application period for these businesses shall be established that allows applicants to be placed on a qualified applicant list. The process and selection criteria for selection of the best applicants to be placed on the qualified applicant list shall be established by resolution of the city council.
D. Applications shall include a requirement that applicants demonstrate owner consent to operate a cannabis business on the property. Applications for cannabis retailers shall also include a statement as to whether the use will include delivery of cannabis and cannabis products to locations outside the retailer’s property. If delivery services will be provided, the application shall describe the operational plan and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in this article and state law.
E. Site Plan. Applicants shall submit a site plan that shall include a floor plan, and a scaled premises diagram showing the boundaries of the cannabis business and property with all boundaries, dimensions, entrances and exits, interior partitions and walls, with labeling of each room, windows and common shared entryways. If the proposed cannabis business consists of only a portion of the property, the diagram shall be labeled indicating which part of the property is the proposed cannabis business and what the remaining property is used for.
F. Cost Recovery. Every application for a cannabis use permit shall be accompanied by a deposit (in an amount established by resolution of the city council) and the applicant shall replenish such deposit at the request of the city to allow for recovery of the city’s full cost of reviewing and issuing said permit.
6.55.760 Review, issuance, and/or denial of cannabis use permit applications.
A. Criteria for Issuance. In addition to the required findings for issuance of a special use permit in SLTCC 6.55.620(B), the planning commission, or the city council on appeal, shall make all of the following findings in determining whether to grant, modify, or deny a cannabis use permit for any cannabis business:
1. If the cannabis business is a microbusiness, retailer, manufacturer, distributor, or cultivator, the applicant is on the qualified applicant list established and maintained by the city.
2. The cannabis use permit application is complete and the applicant has submitted all information and materials required.
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3. The proposed location of the cannabis business will comply with the buffer requirements in SLTCC 6.55.740(B) and is not likely to have a potentially adverse effect on the health, peace, or safety of persons due to the proximity of the proposed cannabis business to a school, youth center, park, church, state licensed drug or alcohol treatment facility, or hospital.
4. The proposed location of the cannabis business is not likely to have a potentially adverse effect on the health, peace, or safety of persons due to the proposed cannabis business’s proximity to another existing or permitted cannabis business, and no significant nuisance issues or problems are likely or anticipated.
5. The design of the cannabis business is compatible with the city’s design guidelines.
6. The property is located on a property which is consistent with all development standards of this title.
7. The location is not prohibited under the provisions of this title or any local or state law, statute, rule, or regulation.
8. The cannabis business will not violate any provision of the SLTCC or condition imposed by a city-issued permit, or any provision of any other local or state law, regulation, or order, or any condition imposed by permits issued in compliance with those laws.
9. The site plan for the cannabis business has incorporated features necessary to assist in reducing potential nuisance and crime-related problems. These features may include, but are not limited to, procedures for allowing entry; reduction of opportunities for congregating and obstructing public ways and neighboring property; and limiting furnishings and features that encourage loitering and nuisance behavior.
B. Supplemental Findings – Cannabis Testing Laboratory. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a testing lab:
1. The owners, permittees, operators, and employees of the testing lab will not be associated with any other form of commercial cannabis activity.
2. The testing lab meets the accreditation requirements set forth in Business and Professions Code Section 26100(h) and any applicable regulations enacted by the Department of Cannabis Control.
3. The testing lab operating plan demonstrates proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.
C. Supplemental Findings – Cultivators. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a cultivator:
1. The cultivation of cannabis for commercial purposes shall only be cultivated within a fully enclosed space.
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2. The cultivation of cannabis for commercial purposes shall be limited to 22,000 square feet of total canopy size per property.
3. The cultivation of cannabis will be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides.
4. The applicant for cultivation for cultivation of cannabis with a total canopy size greater than 5,000 square feet per property has submitted documentation that electrical power used for commercial cannabis activity meets the average electricity greenhouse gas emissions intensity required by the local utility provider pursuant to the California Renewables Portfolio Standard Program, and has submitted an energy efficiency plan showing measures being taken to minimize energy consumption in lighting, HVAC, and dehumidifying equipment.
D. Supplemental Findings – Manufacturers. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a manufacturer:
1. The manufacturer shall be limited to 2,500 square feet of fully enclosed space.
2. The manufacturer shall not undertake any volatile extraction activities, and shall only conduct the operations authorized under the “Type 6,” “Type N,” or “Type P” license categories, as defined in the Department of Cannabis Control regulations, Title 4 of the California Code of Regulations, Section 17006, as may be amended.
E. Criteria for Denial. The planning commission shall deny an application that meets any one of the following criteria:
1. Any supervisor, employee, or person having a 10 percent or more financial interest in the cannabis business has been convicted of a felony or a drug-related misdemeanor reclassified by Section 1170.18 of the California Penal Code (Proposition 47) within the past 10 years. A conviction within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea of nolo contendere;
2. Any person who is listed on the application or is an owner or operator, is a licensed physician making patient recommendations for medical cannabis pursuant to Section 11362.7 of the Health and Safety Code;
3. Any person who is listed on the application or is an owner or operator is less than 21 years of age;
4. The proposed cannabis business does not comply with the provisions of this article or state cannabis laws; and
5. The planning commission is unable to make a required finding contained in this section.
F. Planning Commission Determination. If the planning commission, by a majority vote of a quorum of commissioners, denies the application, the planning commission shall specify in writing the reasons for the denial of the application, and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to Chapter 2.35 SLTCC.
G. Indemnification. Cannabis use permits shall contain a condition requiring the dispensary, through its management members, to execute an agreement in a form approved by the city 342
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attorney whereby the cannabis business (1) releases the city, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution of the cannabis business or its management members, employees, or members for violation of state or federal laws, (2) defends, indemnifies and holds harmless the city and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by any party arising out of the city’s decision to permit the operation of the cannabis business, and (3) defends, indemnifies and holds harmless the city and its agents, officers, elected officials, and employees for any claims, damages, or injuries of any kind brought by adjacent or nearby property owners or other third parties due to the operations at the cannabis business.
6.55.770 Appeal from planning commission determination.
An applicant or any interested party who disagrees with the planning commission’s decision to issue, issue with conditions, or to deny or revoke a cannabis use permit may appeal the planning commission’s decision to the city council in accordance with the appeal provisions of Chapter 2.35 SLTCC.
6.55.780 Suspension and revocation by planning commission.
A. Authority to Suspend or Revoke a Cannabis Use Permit. Any permit issued under the terms of this article may be suspended or revoked by the planning commission.
B. A cannabis use permit may be revoked if it appears to the planning commission that the cannabis business has violated any of the requirements of this article or the security plan required pursuant to Chapter 4.180 SLTCC, or the cannabis business is being operated in a manner which constitutes a nuisance, or the cannabis business has ceased to operate for 30 days or more, or the owner or operator of the cannabis business fails to maintain a valid and current public safety license, or the cannabis business is being operated in a manner which conflicts with or violates state cannabis laws.
C. Any cannabis use permit revoked pursuant to this section shall be deemed to be expired and shall no longer entitle the permittee to any uses authorized by the cannabis use permit.
D. Revocation, expiration or nullification of a cannabis public safety license pursuant to SLTCC
4.180.060 and 4.180.070 shall automatically terminate the cannabis use permit issued to the licensee and shall terminate the ability of the licensee to operate a cannabis business without initiation of revocation proceedings by the planning commission.
E. Annual Review of Cannabis Businesses. The development services department is hereby authorized to conduct an annual review of the operation of each permitted cannabis business within the city for full compliance with the operational, record-keeping, nuisance and other requirements of this article, in coordination with any other departments of the city. Each cannabis business shall pay a fee in an amount established by resolution of the city council which shall be collected in order to reimburse the city for the time involved in the annual review process. The staff may initiate a permit suspension or revocation process for any cannabis business which, upon completion of an annual review, is found not to be in compliance with the requirements of this chapter or which is operating in a manner which constitutes a public nuisance. Staff may, based upon its annual review of the operation of a cannabis business, place on a planning commission meeting agenda, a proposal to suspend or revoke a cannabis use permit.
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6.55.800 Cannabis businesses – Conditions of operation.
A. All Cannabis Businesses. All cannabis businesses shall be operated, maintained, and managed on a day-to-day basis in compliance with the following operational conditions and requirements:
1. State Licensing and Compliance with State Cannabis Laws. The city recognizes that state law requires dual licensing at the state and local level for all cannabis businesses.
All operators shall therefore be required to diligently pursue and obtain a state cannabis license at such time as the state begins issuing such licenses, and shall comply at all times with all applicable state cannabis laws.
2. Cannabis Public Safety License. A cannabis business shall maintain a cannabis public safety license at all times. The failure to maintain a cannabis public safety license, revocation of a cannabis public safety license, or lapse in renewal of a cannabis public safety license shall be the basis for immediate termination of the right to operate a cannabis business under a cannabis use permit.
3. Employees. It shall be unlawful for the applicant, owner, operator, or any other person effectively in charge of any cannabis business to employ any person who is not at least 21 years of age.
4. Minors. Persons under the age of 21 years shall not be allowed on the premises of a cannabis business unless they are a qualified patient. The entrance to each cannabis business shall have, clearly and legibly posted, a notice indicating that persons under the age of 18 are prohibited from entering the premises unless they are a qualified patient and they are in the presence of their parent or guardian.
5. Every cannabis business shall display, at all times during its regular business hours, the cannabis use permit and cannabis public safety license issued for such cannabis business in a conspicuous place so that the same may be readily seen by all persons entering the cannabis business.
6. No cannabis business shall hold or maintain a license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises of the cannabis business that sells alcoholic beverages, or otherwise allow alcoholic beverages to be possessed, distributed, or consumed on the premises.
7. No cannabis business shall be a retailer of tobacco products.
8. Operation of a cannabis business shall not result in illegal redistribution or sale of cannabis obtained, or the use or distribution in any manner which violates state cannabis laws or this article.
9. Odors. All cannabis businesses shall be sited and/or operated in a manner that prevents cannabis odors from being detected off site. All structures utilized for indoor cannabis cultivation shall be equipped and/or maintained with sufficient ventilation controls (e.g., carbon scrubbers) to eliminate nuisance odor emissions from being detected off site.
10. Security. The cannabis business shall at all times comply with all elements of its security plan, submitted as a part of its cannabis public safety license application pursuant to Chapter 4.180 SLTCC.
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11. Signage and Advertising. The cannabis business shall comply with all applicable provisions of Chapter 6.40 SLTCC and any applicable Tahoe Regional Planning Agency regulations. All advertising shall comply with Business and Professions Code Section 26151.
12. On-Site Consumption. On-site consumption is allowed at permitted retailers and microbusinesses with a retailer component upon approval of an amended public safety license under SLTCC 4.180.050 and, if the addition of on-site consumption increases the floor area used for retail, approval of an amended cannabis use permit under SLTCC 6.55.800(B)(2).
13. Additional Conditions. The planning commission may impose additional conditions which it deems necessary to ensure that operation of the cannabis business will be in accordance with the standards and regulations provided in this title, the standards set forth by separate resolution of the city council, and applicable state laws.
B. Supplemental Conditions – Retailers. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis retailer shall be operated, maintained, and managed in compliance with the following supplemental conditions:
1. Retailers may not sell drug paraphernalia and implements that may be used to ingest or consume cannabis except where such sales and operations comply with Health and Safety Code Section 11364.5.
2. Retailers shall not be enlarged in size (i.e., increased floor area) without the planning commission’s prior review and approval and an approved amendment to the existing cannabis use permit applied for and issued pursuant to the requirements of this article.
3. Retailers shall only sell, deliver, or give away medical cannabis to individuals authorized to receive medical cannabis in accordance with state cannabis laws. Retailers of medical cannabis shall require such persons receiving medical cannabis to provide valid official identification, such as a Department of Motor Vehicles driver’s license or State Identification Card, each time he or she seeks to purchase medical cannabis.
4. Hours of Operation. Retailers may only operate during the hours between 6:00 a.m. through 10:00 p.m., except that authorized on-site consumption areas may operate until 2:00 a.m. with no cannabis sales after 10:00 p.m. The planning commission may further restrict a retailer’s days and hours of operation as a condition of a cannabis use permit.
A retailer shall post its approved days and hours of operation on a sign located on the street frontage of the cannabis business in a manner consistent with the city’s sign regulations. Delivery operations of medicinal cannabis to medicinal cannabis patients or their primary caregivers are not subject to these limited hours of operation.
5. Retailers shall not have a physician on-site to evaluate patients and/or provide recommendations for the use of medical cannabis.
6. State Seller’s Permit. Retailers shall, at all times during operation, maintain a valid seller’s permit required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the California Revenue and Taxation Code.
7. Retailers shall make available lock bags on site for purchase or shall provide information on how to obtain a lock bag.
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8. Cannabis and cannabis products shall only be sold as pre-packaged consumer products, and each type of product shall be pre-packaged in a uniform amount per package. Cannabis and cannabis products shall be pre-packaged for general sale and not at the request of any specific customer.
C. Supplemental Conditions – Cultivators. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis cultivation operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:
1. Outdoor commercial cultivation prohibited. The cultivation of cannabis for commercial purposes may only be cultivated within a fully enclosed space.
2. The cultivation of cannabis for commercial purposes shall be limited to 22,000 square feet of total canopy size per property.
3. The cultivation of cannabis must be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides. Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging).
4. Screening. Cannabis plants shall not be visible from any location beyond the property.
5. Cultivators shall maintain either the “Type 1A” (specialty indoor), “Type 1B” (specialty mixed-light), “Type 1C” (specialty cottage), “Type 2A” (small indoor), “Type 2B” (small mixed-light), “Type 3A” (indoor), “Type 3B” (mixed-light) or “Type 4” (nursery) licenses as defined in Business and Professions Code Section 26061, and issued by the Department of Cannabis Control, at all times of operation.
6. Cultivators may not engage in retail sales at the same property as cultivation.
D. Supplemental Conditions – Delivery Operations. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis delivery operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:
1. Delivery operations shall only be operated by a permitted cannabis retailer that has a physical location and a retail storefront in the city open to the public. A cannabis retailer shall not conduct sales exclusively by delivery. Delivery operations of medicinal cannabis to medicinal cannabis patients or their primary caregivers within the city that originate from retailers outside the city’s jurisdictional limits are not subject to this limitation, but any such delivery operation is required to obtain a public safety license under Chapter 4.180 SLTCC.
2. Vehicles used for deliveries shall have a GPS tracker, and records shall be maintained regarding the location of all deliveries. No more than maximum of $3,000 in cash, or equivalent value of cannabis or cannabis products, may be carried at any time.
E. Supplemental Conditions – Microbusinesses. In addition to each of the conditions of operation set forth in subsection (A) of this section, each microbusiness shall be operated, maintained, and managed in compliance with the following supplemental conditions:
1. Except as modified by this subsection (E), each microbusiness with a retail component shall comply with all conditions of operation set forth in subsection (B) of this section, each microbusiness with a cultivator component shall comply with all conditions of operation set forth in subsection (C) of this section, each microbusiness with a 346
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manufacturer component shall comply with all conditions of operation set forth in subsection (F) of this section, and each microbusiness with a distributor component shall comply with all conditions of operation set forth in subsection (G) of this section.
2. Microbusinesses undertaking manufacturing activity shall utilize only extraction processes that employ nonvolatile solvents for the purposes of extracting cannabinoids and processes that are recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act. Microbusinesses undertaking manufacturing activity shall maintain a license of the “Type 6,” “Type N,” or “Type P” license categories, as defined in Title 4 of the California Code of Regulations, Section 17006, as may be amended.
3. The cultivation of cannabis for commercial purposes by microbusinesses shall be limited to 10,000 square feet of total canopy size per property.
4. A microbusiness with a retail component may engage in retail sales on the same property as a cultivation component, but shall limit access to the public to only the retail component of the microbusiness.
F. Supplemental Conditions – Manufacturers. In addition to each of the conditions of operation set forth in subsection (A) of this section, manufacturers shall be operated, maintained, and managed in compliance with the following supplemental conditions:
1. Manufacturers shall not engage in on-site retail sales of cannabis or cannabis products.
2. Manufacturers shall utilize only extraction processes that employ nonvolatile solvents and are recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act.
3. Standard of Equipment. Manufacturing, processing, and analytical testing devices used by manufacturers must be UL (Underwriters Laboratories) listed or otherwise certified by an approved third party testing agency or engineer and approved for the intended use by the city’s building official and fire code official.
4. Food Handler Certification. All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be state-certified food handlers. The valid certificate number of each such owner, employee, volunteer, or other individual must be on record at the property where the individual participates in the production of edible cannabis products.
5. Edible Cannabis Product Manufacturing. Manufacturers that sell or manufacture edible cannabis products shall obtain a county health permit to sell and/or manufacture edible cannabis products. Permit holders shall comply with county health permit requirements.
6. The manufacturer shall maintain a manufacturer license of “Type 6,” “Type N,” or “Type P” license categories, as defined in Title 4 of the California Code of Regulations, Section 17006, as may be amended.
G. Supplemental Conditions – Distributors. In addition to each of the conditions of operation set forth in subsection (A) of this section, distributors shall be operated, maintained, and managed in compliance with the following supplemental conditions:
1. No distributor may distribute cannabis from an unlicensed cannabis cultivator or manufacturer. Distributors may only distribute cannabis products between other licensed businesses within the state of California.
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2. Distributors may not sell cannabis products directly to consumers, and cannabis distribution facilities shall be fully enclosed and inaccessible to the general public.
H. Maintenance, Access to, and Inspection of Records.
1. Every cannabis business shall maintain on-site, at the property designated for the operation of the cannabis business, all records of the cannabis business.
2. Financial Records. The cannabis business shall maintain a written accounting record or ledger of all cash, receipts, credit card transactions, reimbursements, (including any inkind contributions), and any and all reasonable compensation for services provided by the cannabis business, as well as records of all operational expenditures and costs incurred by the cannabis business in accordance with generally accepted accounting practices and standards typically applicable to business records.
3. Record Retention Period. The records required in this subsection shall be maintained by the cannabis business for a period of five years and shall be made available to the city within 24 hours of written request.
4. A duly designated city police department or finance department representative may enter and shall be allowed to inspect the premises of every cannabis business as well as the financial and membership records of the cannabis business required by this article at any time during the cannabis business’s designated business hours, or at any appropriate time to ensure compliance and enforcement of the provisions of this article.
Such representative may also require the cannabis business to also provide access to such financial records electronically. It shall be unlawful for any owner, operator, or any other person having any responsibility over the operation of the cannabis business to refuse to allow, impede, obstruct or interfere with an inspection of the cannabis business or the required records thereof.
6.55.810 Business license tax liability.
An operator of a cannabis business shall be required to apply for and obtain a business and professions tax certificate pursuant to Chapter 3.35 SLTCC as a prerequisite to obtaining a cannabis use permit or operating within the city pursuant to the terms of this article. The cannabis businesses shall be subject to sales tax and other applicable taxes in a manner required by state law.
6.55.820 No vested rights.
No person(s) shall have any vested rights to any permit, right or interest under this chapter, regardless of whether such person(s) cultivated, sold, distributed or otherwise engaged in acts related to the use of cannabis prior to adoption of the ordinance codified in this article.
6.55.830 Public nuisance.
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 subject to administrative citations as set forth in Chapter 2.30 SLTCC, summarily abated by the city pursuant to Chapter 4.40 SLTCC and/or Code of Civil Procedure, Section 731, or subject to any other remedy available to the city.
SECTION 4. 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, 348
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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 5. The City Council finds that the 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act (CEQA), and 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, new information of substantial importance that shows the project will have significant effects not discussed in the previous EIR, significant effects previously examined would be more severe, or mitigation measures or alternatives previously found not to be feasible would substantially reduce one or more significant effects.
SECTION 6. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.
SECTION 7. This Ordinance shall become effective 30 days following its adoption.
Adopted by the City of South Lake Tahoe City Council on January 23, 2024 by the following vote:
Yes:
No:
Abstain:
Absent:
________________________ Date:_________
Mayor Pro Tem John Friedrich
Attest:
________________________
Susan Blankenship, City Clerk
First Reading:
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.
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Chapter 4.100 Clean Indoor Air and Health Protection
Redline Allowing On-Site Consumption