City Council
Cody Bass, Mayor
John Friedrich, Mayor Pro Tem
Cristi Creegan, Councilmember
Tamara Wallace, Councilmember
Scott Robbins, Councilmember
Mission of the City Council
The City was established to provide essential,
outstanding and cost-effective services that
enhance environmental sustainability, economic
vitality and the quality of life for our residents,
businesses and guests.
City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, January 23, 2024 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live and via ZOOM at this link https://us06web.zoom.us/u/kdwG8b3Ala
A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk's Office, (530) 542-6005 or [email protected] Providing Public Comment:
In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].
Remote Participation: If you are joining the meeting via ZOOM and would like to make a comment, press the "raise a hand" button. If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is: 814 0741 5587 press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak. Note: 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.
In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected]. When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to 1 1. Proclamation recognizing January 2024, as "National Stalking Awareness Month"
2. Geographical Information Systems (GIS) Services Presentation [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.
The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting.
Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].
Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in-person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.
Call to Order/Pledge of Allegiance
Land Acknowledgement
The City of South Lake Tahoe acknowledges the lands we occupy today are the 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.
Roll Call
Closed Session Report
Proclamation
Requested Action / Suggested Motions: Issue a Proclamation to Tahoe Youth and Family Services, recognizing January 2024, as "National Stalking Awareness Month." Responsible Staff Member(s): Susan Blankenship, City Clerk Item 1- Executive Summary.pdf
Proclamation.pdf
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission Reports
Presentations
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member(s): Ryan Malhoski, GIS Analyst Item 2- Executive Summary.pdf
01-Staff Report - GIS Presentation
02-Presentation
2 3. City Council Meeting Minutes
4. Annual Accountability Report for Fiscal Year 2022-2023 for the Bijou Area Erosion Control Project, Community Facilities District (CFD2014-1)
5. Enterprise License Agreement Extension with Esri
6. Cost Sharing Cooperative Agreement with Caltrans for US 50 Road Safety Audit Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda.
Comments shall be limited to three (3) minutes.
The consent agenda consists of items of a repeating or routine nature considered under a single action.
Any Councilmember may have an item on the consent agenda removed and considered separately upon request.
Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.
Requested Action / Suggested Motions: Pass a Motion approving the January 9, 2024, Regular City Council meeting minutes.
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 3- Executive Summary.pdf
01 09 2024 Meeting Minutes.pdf
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member(s): Anush Nejad, Director of Public Works, and Stan Hill, Engineering Manager
Item 4- Executive Summary.pdf
01 - Staff Report Bijou CFD 23-24.docx
02 - SLT CFD 2014-1 (Bijou) Annual Report_2023-24.pdf
03 - Bijou Area Vicinity Map CFD Location Maps.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute an Enterprise License Agreement extension with Esri for Geographical Information System software at an annual cost of $28,400 for 3 years for a total of $85,200.
Responsible Staff Member(s): Ryan Malhoski, GIS Analyst Item 5- Executive Summary.pdf
01-Staff Report - Esri GIS Agreement.docx
02-Agreement
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the mayor to execute a cost-sharing agreement with Caltrans for US 50 Road Safety Audit and appropriating $35,000 from the City's General Fund Undesignated Excess Reserves to cover the City's share.
CEQA Determination: The proposed maintenance agreement is categorically exempt from review under CEQA Guidelines section 15301(c) (Existing Facilities) because it involves the maintenance and minor alteration of an existing public highway involving negligible or no expansion of existing or former use.
Responsible Staff Member(s): Anush Nejad, Director of Public Works Item 6- Executive Summary.pdf
01-Staff_Report_-_CalTrans_Coopertive_Agreement.docx
02-Resolution-Caltrans US 50 Road Safety Audit Agreement.docx 03 - Cooperative Agreement (Exh. A to Reso.).docx
3 7. Appropriation of $112,250 for Amended Purchase Price for Zaugg Snow Blowers
8. Request to Apply to Host a CivicSpark Fellow for 2024-25 and Appropriating Budget
9. Amendments to Cannabis Ordinance, Public Safety License Ordinance, and Clean Indoor Air Act Ordinance Allowing On-Site Consumption and Curbside Delivery, and Regarding Medicinal Delivery and Removal of Outdated Provisions Regarding Development Agreements and Existing Medical Marijuana Dispensaries (Second Reading)
10. Tentative Map Extension for 3708 Highway 50 Town Homes Tentative Map, File #23-131 04 - Res 2023-061 Caltrans US 50-89 Speed Survey.pdf
Requested Action / Suggested Motions: Pass a Resolution amending the purchase price for two Zaugg Rolba 3000 Snow Blowers from a total of $1,200,212 to a total of $1,312,460.70 and appropriating $112,250 from Fund 208 Snow Removal Equipment Replacement Available Fund Balance.
Responsible Staff Member(s): Anush Nejad, Director of Public Works, and Phil Harwood, Fleet Maintenance Manager
Item 7- Executive Summary.pdf
01-Staff Report-Zaugg Snow Blowers.docx
02-Hardline Original Quotes.pdf
03-Reso No 2023-025 - Purchase of Snow Removal Equipment.pdf 04 - Hardline Revised Invoice.pdf
05-Resolution-Zaugg Snow Blower Pricing Change.docx
Requested Action / Suggested Motions: (1) Pass a Motion authorizing staff to apply as a site host for the CivicSpark program year 2024-25, and (2) Pass a Resolution appropriating $31,000 from available General Fund Undesignated Excess Reserves.
Responsible Staff Member(s): Sara Letton, Sustainability Coordinator Item 8- Executive Summary.pdf
01 - Staff Report - Request to Apply to Host CivicSpark Fellow.docx 02 - Resolution Appropriating Budget for CivicSpark Fellow.docx Requested Action / Suggested Motions: Pass an Ordinance Amending 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 CEQA Determination: The proposed ordinance would allow for additional or expanded cannabis business activities, but does not change the intensity or density of cannabis business uses beyond what is currently allowed, and is consistent with 2030 General Plan Policies, and no further environmental analysis is required under CEQA Guidelines section 15162 because the proposed ordinance is within the scope of the 2030 General Plan EIR and there are no substantial changes to the project or circumstances that require major revisions to the previous EIR.
Responsible Staff Member(s): Heather Stroud, City Attorney Item 9- Executive Summary.pdf
01 - Staff Report - Cannabis Ordinance Second Reading.docx 02 - Ordinance Amending Cannabis Regulations.docx
03-Notice of Public Hearing.pdf
Public Hearing
Requested Action / Suggested Motions: Pass a Resolution granting a 24-month extension for 3708 Highway 50 Town Homes Tentative Subdivision Map.
CEQA Determination: This project is categorically exempt under CEQA Guidelines section 15332, 4 11. Letter of Public Convenience or Necessity for Pirate’s Chest Tahoe LLC, Located at 2435 Venice Drive, Suite 107
12. Increased Fines for Vacation Home Rental Citations
13. Updated Resolution and Citizen Appointments to Boards and Commissions Class 32, Infill Development, which consists of projects characterized as infill development on 1) parcels less than five acres in size located within the city limits, 2) is consistent with applicable general plan designations, policies and zoning designations, 3) has no value, as habitat for endangered, rare or threatened species, 4) would not result in any significant effects relating to traffic, noise, air quality, or water quality, and 5) is adequately served by all required utilities and public services.
Responsible Staff Member(s): Anna Kashuba, Assistant Planner Item 10- Executive Summary.pdf
01-Staff Report - Tentative Map Extension.docx
02-Resolution Tentative Map Extension 3708 Highway 50 Town Homes 03-Tentative Map 3708 LTB
04-Resolution 2022-040 Tentative Map 3708 Highway 50
05-Planning Commission Resolution 2023-019 Recommending Tentative Map Extension.pdf 06-Public Notice.pdf
Requested Action / Suggested Motions: Pass a Resolution approving and authorizing the Planning Manager and Chief of Police to submit a Letter of Public Convenience or Necessity to the California Department of Alcoholic Beverage Control for the issuance of a Type 20 License for the premises at 2435 Venice Dr, Ste.107 (Pirate’s Chest Tahoe LLC).
Responsible Staff Member(s): Anna Kashuba, Assistant Planner Item 11- Executive Summary.pdf
01-Staff Report - Pirates Chest Tahoe LLC.docx
02-Pirates Chest Tahoe LLC ABC Application
03-Resolution-Pirate's Chest Tahoe Letter of Public Convenience or Necessity.docx 04-Exhibit A to Reso - Letter of Public Convenience or Necessity 05-Public Notice.pdf
Regular-Unfinished Business
Requested Action / Suggested Motions: Pass a Resolution increasing fines for Vacation Home Rental citations to $1,500 for the first occurrence, $3,000 for the second occurrence within the year, and $5,000 for subsequent occurrences within the same year.
Responsible Staff Member(s): Heather Stroud, City Attorney Item 12- Executive Summary.pdf
01 - Staff Report - Increased VHR Citations.docx
02 - Resolution Increasing VHR Citation Amounts.docx
Regular-New Business
Requested Action / Suggested Motions: 1) Pass a Resolution amending Resolution 2023-013, Section 3. Structure Terms of Office and Qualifications, Arts, Culture and Tourism Commission, changing the non-voting representative of the Boys and Girls Club Organization to a voting member; 2) Interview applicants; 3) Pass a Motion appointing two members to serve two-year terms and one member to fill a vacancy (term expires 2/2025) to the Planning Commission; 4) Pass a Motion appointing three members to serve two-year terms on the Parks & Recreation Commission; and 5) Direct the City Clerk to continue to solicit for applications to the Arts Culture and Tourism Commission, Police Advisory Commission, Building Board of Appeals, and bring back appointments to the February 27 meeting.
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 13- Executive Summary.pdf
01-Staff Report - Citizen Commissions and Boards.docx
5 14. Agenda Planning Calendar
02-Resolution - City Boards Commissions and Committees.pdf 03-Planning Commission Applications.pdf
04-Parks & Recreation Commission Applications.pdf
Agenda Planning Calendar
Requested Action / Suggested Motions: Identify, with consent of at least two Council members, any desired future agenda items, and/or modify the Agenda Planning Calendar as desired.
Responsible Staff Member(s): Joe Irvin, City Manager
Item 14- Executive Summary.pdf
APC - 01 18 2023.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday January 23 2024, City Council meeting was posted and available for review on Thursday, January 18, 2024, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us.
Signed January 18, 2024 \\sb\\ Susan Blankenship, Elected City Clerk 6 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:1
Agenda Item: Proclamation recognizing January 2024, as "National Stalking Awareness Month" Executive Summary: At their January 9, 2024, meeting, Council approved the issuance of a Proclamation recognizing January 2024, as "National Stalking Awareness Month." Requested Action / Suggested Motions: Issue a Proclamation to Tahoe Youth and Family Services, recognizing January 2024, as "National Stalking Awareness Month." Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
Proclamation.pdf
7 \
-
City of South Lake Tahoe
Proclamation
Recognizing January 2024 as
"National Stalking Awareness Month"
Whereas, under the laws of all fifty states, the U.S. Territories, the District of Columbia, and the federal government, stalking is a crime; and
Whereas, 13.5 million people are stalked in a one-year period in the United States, and the majority of victims are stalked by someone they know; and Whereas, 3 in 4 women killed by an intimate partner have been stalked by that partner; and Whereas, many stalking victims lose time from work and experience serious psychological distress and lost productivity at a much higher rate than the general population; and Whereas, many stalking victims are forced to protect themselves by relocating, changing their identities, changing jobs, and obtaining protection orders; and Whereas, more victims are stalked using technology - such as phone calls, text messages, social media platforms, internet posts, emails, and electronic tracking - than not using any technology; Whereas, there is a need for great public awareness about the nature, criminality, and potential lethality of stalking; and
Whereas, criminal justice systems can enhance their responses to stalking by regular training and thorough investigation and prosecution of the crime; and Whereas, laws and public policies must be continually adapted to keep pace with new tactics used by stalkers; and
Whereas, communities can better combat stalking by adopting multidisciplinary responses by teams of local agencies and organizations and by providing more and better victim services; and Whereas, the City of South Lake tahoe is joining forces with victim service providers, criminal justice officials, and concerned citizens throughout the City of South lake Tahoe and the United States of America to observe National Stalking Awareness Month.
Now, therefore, the City Council of the City of South Lake Tahoe does herby proclaim January 2024 as "National Stalking Awareness Month" and applaud the efforts of the many victim service providers, law enforcement officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking.
Cody Bass, Mayor Susan Blankenship, City Clerk
I
I
8 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:2
Agenda Item: Geographical Information Systems (GIS) Services Presentation Executive Summary: GIS is a technological field that binds geographical features (location) with tabular data (attributes) in order to map, analyze, and assess real-world problems. The City of South Lake Tahoe formalized a GIS program in 2010 after defining a need to have a full-time position handling the City’s GIS needs. The presentation given to the city council at this meeting will help educate the council, staff, and the public about the current work performed by GIS and its capabilities.
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member: Ryan Malhoski, GIS Analyst
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - GIS Presentation
02-Presentation
9 Council Agenda Report January 23rd, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: January 23rd, 2024
Title: Geographical Information Systems (GIS) Services Presentation Location: Citywide
Responsible Staff Member: Ryan Malhoski, GIS Analyst (530) 542-6194
Background:
GIS is a technological field that binds geographical features (location) with tabular data (attributes) in order to map, analyze, and assess real-world problems. The City of South Lake Tahoe formalized a GIS program in 2010 after defining a need to have a full-time position handling the City’s GIS needs. Since 2010, the use of GIS within the City has grown from making simple paper maps for reports or grant applications, but in the last four years, GIS has become integral to at least one process in every department within the City and has grown exponentially overall.
Issue and Discussion:
GIS has become crucial to the operations and management of our world in every public and private sector. GIS benefits organizations of all sizes and in almost every industry. Its value is seen in savings in operational expenses through reduced resources and time as efficiencies are gained in scheduling, routing, tracking, maintaining, inspecting, and site locating. GIS-based maps and data visualizations provide assistance in understanding and effectively communicating between different teams, departments, disciplines, professionals, organizations, and governments.
The presentation given to the city council at this meeting will help educate the council, staff, and the public about the current work performed by GIS and its capabilities. GIS is much more than maps, it can solve problems, gives intelligence, and helps guide data-driven decision-making.
Financial Implications: None
Environmental Considerations: The activities described herein is not a "project" subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines.
Policy Implications: The GIS Services is one of the government activities that improves efficiency and provides a process for preserving City assets. 10 City Council
January 23rd, 2024
Ryan Malhoski, GISP – GIS Analyst
Geographical Information System (GIS) Services
11 Agenda
2 • Background
• History
• Current Conditions/Capabilities
• Examples
• Looking forward
12 My Background
3 California State University – Sacramento GIS + Planning 13+ Years of Public Service City of Sacramento
US Army Corps of Engineers
Certifications GIS Professional (GISP)
FAA Remote Pilot (Part 107)
Coauthored Textbook “Mapping With ArcGIS Pro”
Co-Captain of Code for Sacramento
13 What is GIS?
4 Maps!
Analysis Surveys
Drone Mapping
Databases
GPS
Navigation
Data
Parcels
Single Source
Of Truth
Addresses Zoning
Collaboration
Automation
Solutions
Mobile Apps Web Apps
Sensors
14 Exercise
5 15
Where Matters
6 “Everything is related to everything else, but near things are more related than distant things." • Location, location, location!
• Large amounts of data have location
• Location can be easily enabled
• Coordinates
• Address
• Neighborhood
• Plan Area
• Etc.
- First Law of Geography, Waldo Tobler
16 History of GIS within City of South Lake Tahoe
7 2010
Formalized
GIS Program
GIS Performed
Ad-Hoc
Pre 2010 2015
First Major
GIS Integration
2020
Enterprise GIS
Concept Instituted
Today
Public Works (PW)
Development Services (DS)
Departments
Served
Regularly:
PW
DS
PW
DS
Parks
Police
PW
DS
Parks
Police
Fire
Finance
City Manager/HR
Broadening
What GIS Is
Enhancing
City Processes
Future
17 Statistics
8 • Internal Use • On premises Server • ~1 Million server requests a year • 251 Datasets • 3.13 Million records • 100+ gb of data • Public Use (Cloud) • ~240k Views a Year • 152 Datasets, Maps, and Apps 18 Integrations in City Systems of Record
9 Public Safety
• 911 Dispatch
• Police Dispatch
• Fire Dispatch
• Code Enforcement
Public Works + Parks
• Service Requests
• Work Orders
• Asset Management
• Plow Tracking (Soon)
Community Development
• Permitting (Soon)
Finance
• Business Licenses (Soon)
19 Collaborations/Connections
10 20
Capabilities
11 Mapping
• Small or Large
Physical Maps
• Online and Mobile
Apps
• Dashboards
• High Precision GPS
• Drone Services
Data Science
• Research
• Acquisition
• Analysis
• Automation
Tools and Solutions
• Workflow
Enhancement
• Public Engagement
• Public Surveys
• Data Centric
Websites
• Open Data Page
• 160+ Off the Shelf
Pre-Built Solutions
Integrations
• Microsoft Office
• AutoCAD
• Adobe Creative
Cloud
21 Stormwater Network
12 • 7,600+ assets digitized and
143,000+ attributes inputted
• Can do analysis based on
material, installation date,
project, ect.
• Publicly accessible
• Keeping Tahoe Blue
5.2 - Digital Government, 5.3 – Infrastructure & Maintenance,
5.5 – Fiscal Sustainability and Resiliency & Transparency 22 Searching for Valves of Burst Water Pipes
13 • Notified at 9AM
• Data received at
10AM
• Solution deployed on
fire trucks at 12PM
5.1 Public Safety, 5.2 Digital Government
23 2023 Exemplary System in Government Award
14 Defensible Space Inspections
• System cut total inspection time by 2/3 from 15 min to 5 min per parcel • Made up of Commercial-Of-The-Shelf (COTS) tools we already owned • Automated as much as possible
• Improved Morale
Urban and Regional Information Systems Association
5.1 - Public Safety, 5.2 - Digital Government, 5.4 – Local Control,
5.5 - Fiscal Sustainability, Resiliency & Transparency
24 2023 Exemplary System in Government Award
15 25
Moving Forward
16 • Snowplow Service Tracker
• Expected later this season
• Permitting & Business License System
• GIS data foundational to the operation
• Automation of Mandatory Environmental Reporting
• Using existing systems to collect or synthesize data
26 17
GIS
Not just maps, but solutions!
27 Thank you!
Questions ?
18 28
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:3
Agenda Item: City Council Meeting Minutes
Executive Summary: The Minutes of the last meeting have been prepared by the City Clerk for approval.
Requested Action / Suggested Motions: Pass a Motion approving the January 9, 2024, Regular City Council meeting minutes.
Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
01 09 2024 Meeting Minutes.pdf
29 City of South Lake Tahoe
City Council Meeting Minutes
Tuesday, January 9, 2024 at 9:00 am
City Hall - Council Chambers - 1901 Lisa Maloff Way,
South Lake Tahoe
NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us Call to Order/ Pledge of Allegiance
At 9:05 a.m. Mayor Bass called the meeting to order. Mayor Bass then led the pledge of allegiance to the flag.
Roll Call
Present were Mayor Bass, Mayor Pro Tem Friedrich, and Councilmembers Creegan, Wallace, and Robbins.
Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.
Closed Session Report
None.
Proclamations
1. Issued a Proclamation to Tahoe Youth and Family Services recognizing January 2024 as “National Human Trafficking Prevention and Awareness Month” Public Communications
Public Comment was heard from the following people:
1. Kenney Curtzweiler- Heavenly Gondola ticket sales
2. Ed Mosur- Heavenly Gondola ticket sales, proposed vacancy tax Written Public Comments were received from the following people:
1. Asa Briggs- Cell towers
2. Nellie Bly- Councilmember Creegan
3. John Carlos- LTVA
4. John Carlos (2)- Cell towers
5. Oscar Cesare- City expenses
6. Davis Chain- Cell towers
7. Edith Chase- Cell towers
8. Ernest Coe- Cell towers
9. Rudolph Del Real- Vacancy tax
10. Rallph digia- Cell towers
11. Saundra Edwards- Councilmember Wallace
12. Danny Elfman- Cell towers
30 13. Robert La Follette- Outside influences to City elections and legislative actions
14. Lionel Hutz- City Attorney Stroud
15. Peter Norman- Overtourism
16. Walter Pinniped- Councilmember Wallace
17. Emily Post- TRPA and NTRPA operations
18. Jacob Riis- Public comment redactions
19. Jacob Riis (2)- Steve Teshara of Tahoe Chambers
20. Shirley Briggs- Cell towers
21. Jonathan Swift- Councilmember Creegan
22. Paul Weitz- Councilmember Wallace
23. Brent Wisner- Cell towers
Consent Agenda
Note: Item 9 was pulled from consent by Mayor Bass.
Note: Councilmember Creegan recused herself from voting on items 9 and 11 due to financial property interest.
Action: Moved/Seconded: Wallace/ Friedrich
Yes: Bass, Friedrich, Creegan, Wallace, Robbins
Action: Passed consent agenda with noted recusals.
2. City Council Meetings
Action: Passed Motion 2024-001 approving the December 19, 2023 Regular City Council and South Tahoe Redevelopment Successor Agency meeting minutes.
3. Type III Brush Engine Purchase
Action: Passed Motion 2024-002 authorizing and directing the Mayor to execute a Purchase Agreement (C-004-2024) with Golden State Fire Apparatus for the purchase of a Type III Brush Engine (including built-out) using Prop 172 Safety Sales Tax funds for an amount not to exceed $565,710.50.
4. Memorandum of Understanding (MOU) with the Police Employees’ Association Action: Passed Resolution 2024-001 approving MOU (C-005-2024) with the Police Employees’ Association.
5. Engineering Manager Position Allocation Increase
Action: Passed Resolution 2024-002 authorizing amendment to FY 2023-2024 List of Allocated Permanent Positions increasing the Engineering Manager Position from 0.33 FTE to 0.67 FTE.
6. Lake Tahoe Pavement Maintenance Grant Applications
Action: Passed Resolution 2024-003 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.
7. Transfer of Unclaimed Check Funds
Action: Passed Resolution 2024-004 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.
31 8. Amendments to City Council Protocols Regarding Tribal Land Acknowledgement and City Council Travel Protocols
Action: Passed Motion 2024-003 approving the requested amendments to the City Council Protocols from the City Council meeting on December 12, 2023
Public Comment was heard from the following person:
1. Ed Mosur
At this time, Councilmember Creegan left the meeting.
9. 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
Action: Moved/Seconded: Wallace/Friedrich
Yes: Bass, Friedrich, Wallace, Robbins
Absent: Creegan
Action: Passed (1) Resolution 2024-005 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) Motion 2024-004 authorizing and directing the City Manager to execute Amendment No. 2 (C-006-2024) to the Subrecipient Agreement between City of South Lake Tahoe and Tahoe Coalition for the Homeless, with the following two additions: 1) The Tahoe Coalition for the Homeless and City agree to cooperate to pursue other sources of funding, including grants, to operate a winter shelter in the community for at least the next five years and 2) The Tahoe Coalition for the Homeless agrees to provide an annual report to City Council, in coordination with other partners as appropriate, on resources and needs with respect to homelessness and unhoused people in the City of South Lake Tahoe.
The following person addressed the Council:
1. Kimberley Peterson, Chief Operating Officer of Tahoe Coalition for the Homeless At this time, Councilmember Creegan returned to the meeting.
10. 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 Requested Action: Passed Resolution 2024-006 authorizing and directing the Mayor to execute a Purchase Agreement (C-007-2024) for the Acquisition of 3707 Blackwood Road for the Upper Bijou Park Creek Watershed Restoration Project.
11.Tahoe Fund Grant Applications for $150,000 for Microtransit Charging Infrastructure and $200,000 for Police Department Electric Vehicle Pilot Program Note: Creegan recused herself on this item due to property interest.
Action: Passed Resolution 2024-007 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.
12. Pioneer Trail Safety Improvement Project Engineering/Design Budget Request For $56,000 Action: Passed Resolution 2024-008 authorizing the transfer of $56,000 of General Fund Undesignated Excess Reserve to the Pioneer Trail Safety Improvement Project (301-50038-48020).
13. Master Fee Schedule Update- Youth Basketball League Fee Action: Passed Resolution 2024-009 updating the Master Schedule of Fees and Charges for City Services to include a Youth Basketball League Fee.
32 At this time, Mayor Bass recused himself on the following item due to financial interest in the cannabis industry and left the meeting. Mayor Pro Tem Friedrich presided.
Regular- Unfinished Business
14. Amendments to Cannabis Ordinance, Public Safety License Ordinance, and Clean Indoor Air Amendments Ordinance Regarding On-Site Consumption, Medicinal Delivery, and to Remove Outdated Provisions Regarding Development Agreements and Existing Medical Marijuana Dispensaries
Note: Mayor Bass recused himself on this item due to financial interest in the Cannabis industry.
Action: Moved/Seconded: Friedrich/Robbins
Yes: Friedrich, Wallace, Robbins
No: Creegan
Absent: Bass
Action: Passed Motion 2024-005 to hold the first reading (by title only) of Version 1 (allowing 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.
Public Comment was heard from the following people:
1. Trevor Snowden, Trevair Wheelchairs
2. Jess, Cannablue Dispensary
3. Helen Neff
4. Topher
5. Alex Gosselin, Owner of Cannablue Dispensary
6. Debra
7. Jared Benvenuto
8. Sarah Winner, Assistant Manager of Cannablue Dispensary
9. Ed Mosur
10. Liz Hallen
11. Reverend Sarah Reeves
12. Melissa Soderston
13. Ryan O’Malley, Tahoe Wellness Center
14. Cody Bass, Owner of Tahoe Wellness Center
Written public Comment was received from the following people:
1. Helen Neff
2. Diane Heirshberg
At this time, Mayor Bass returned and presided.
33 15. Employee Housing Regulation Update
Action: Moved/Seconded: Robbins/Creegan
Yes: Bass, Friedrich, Creegan, Wallace, Robbins
Action: Passed Motion 2024-006 directing staff to conduct a public and business outreach campaign informing workers and businesses of their rights and responsibilities with regards to employee housing, and to report employee housing complaints received by the City housing hotline to the California Department of Housing and Community Development for enforcement> A review of these efforts will be added to the agenda in September 2024, and an Ordinance for hotels to post informational signage indicating that individuals can call the City housing hotline with employee housing complaints will also be added the the Agenda Planning Calendar.
16. City Council Assignments to Subcommittees
Action: Moved/Seconded: Robbins/Friedrich
Yes: Bass, Friedrich, Creegan, Wallace, Robbins
Action: Passed Motion 2024-007 Approving City Council assignments to subcommittees- maintaining all appointments to subcommittees except for the South Tahoe Public Utilities District (STPUD) Subcommittee. Councilmember Robbins will be assigned as representative to STPUD with Mayor Pro Tem Friedrich assigned as an alternate.
Regular- New Business
17. Quarterly Update on the Affordable Housing Waitlist Action: Moved/Seconded: Robbins/Wallace
Yes: Bass, Friedrich, Creegan, Wallace, Robbins
Action: Passed Motion 2024-008 directing City staff to include the number of units represented by the people on the waitlist in the subsequent quarterly update reports.
18. Vacant and Underused Sites Inventory
Action: Received and Filed.
Public Comment was heard from the following people:
1. Ed Mosur
2. John Messina
Agenda Planning Calendar
19. Agenda Planning Calendar
Action: Received and Filed.
Updates and Announcements (City Attorney, City Clerk, City Manager) City Attorney Stroud
1. Trial for the Measure T scheduled for September 17, 2024 City Clerk Blankenship
1. Proclamation request from Live Violence Free for National Stalking Awareness Month (Council provided consensus)
City Manager Irvin
1. Provided clarification on Cannabis Tax compounding
2. City Offices closed on Martin Luther King Jr. Day
3. Upcoming meeting with the Interim Executive Director for Tahoe Coalition for the Homeless
4. City-wide staffing is 92.5% filled
34 Councilmember Reports and Comments
Councilmember Robbins
1. Proclamation request for May as Military Appreciation Month (Council provided consensus) Councilmember Creegan
1. Attended LTUSD 2x2 meeting
2. Upcoming Cal Tahoe JPA meeting
Councilmember Wallace
1. Attended Cal Tahoe JPA meeting
2. Missed California Tahoe Conservancy Board meeting
Mayor Pro Tem Friedrich
1. Attended TRPA Governing Board meeting
2. Thank you to snowplow drivers
3. Successful Tree Lighting Ceremony at Heavenly Village Mayor Bass
1. Successful New Years Eve at Stateline
Adjournment
At 12:59 p.m. Mayor Bass adjourned the meeting.
_____________________ _______________
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.
35 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:4
Agenda Item: Annual Accountability Report for Fiscal Year 2022-2023 for the Bijou Area Erosion Control Project, Community Facilities District (CFD2014-1)
Executive Summary: The Bijou Area Erosion Control Project is a major water quality treatment and erosion control project completed in 2014. Project improvements include an area-wide stormwater collection, conveyance, and treatment system. On July 15, 2014, the City Council adopted Resolution No 2014-42, forming the Community Facilities (CFD) District No. 2014-1 for the Bijou Area Erosion Control Project (ECP) and authorized the levy of a special tax within the CFD for the maintenance of the Bijou Area ECP. California Government Code Section 50075.3 (Senate Bill 165) requires local agencies levying special taxes to provide an annual status report to the governing body (City Council). This report provides the required information.
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member: Anush Nejad, Director of Public Works, and Stan Hill, Engineering Manager
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01 - Staff Report Bijou CFD 23-24.docx
02 - SLT CFD 2014-1 (Bijou) Annual Report_2023-24.pdf
03 - Bijou Area Vicinity Map CFD Location Maps.pdf
36 City Council Report January 23, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: January 23, 2024
Title: Annual Accountability Report for Bijou Area Erosion Control Project Community Facilities District (CFD2014-1) for Fiscal Year 2023-24
Location: Bijou Commercial Core Area near Fairway Ave and Lake Tahoe Blvd.
Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031; Stan Hill, Engineering Manager (530) 542-6039
Background: The Bijou Area Erosion Control Project is a major water quality treatment and erosion control project completed in 2014 (see Project Location Map). Project improvements include an areawide stormwater collection, conveyance, and treatment system. Because the Bijou Area Project is in close proximity to Lake Tahoe and located within an intensely developed commercial area of the City, providing needed stormwater treatment before discharge into Lake Tahoe was problematic.
Stormwater treatment in the Project area requires a much more proactive method than is normally required with most stormwater and erosion control projects. The stormwater treatment facilities provided with the Project include an extensive series of subsurface settlement chambers to allow sediment to drop out of the stormwater on its journey to a stormwater lift station. After entering the lift station, the stormwater is pumped upstream to stormwater basins located on property owned by the U.S. Forest Service. The basins provide detention time to allow fine sediment to drop out. Stormwater infiltrates into the ground within the interconnected multi-basin facility.
The pro-active stormwater treatment system eliminates a historic direct discharge of urban stormwater into Lake Tahoe. The Bijou area-wide treatment system provides the means for commercial properties to receive TRPA BMP certification. As a part of the Bijou Area Erosion Control Project, the Community Facilities District was developed to provide a source of operations and maintenance funding to cover annual costs, replacement costs of the lift station pump, and related infrastructure replacement costs.
On July 15, 2014, the City Council adopted Resolution No 2014-42, forming the Community Facilities (CFD) District No. 2014-1 for the Bijou Area Erosion Control Project (ECP) and authorized the levy of a special tax within the CFD for the maintenance of the Bijou Area ECP. The ongoing and long-term costs to operate and maintain the Bijou storm water pump-and-treat system are partially offset by fees collected from the Bijou Area CFD. California Government Code Section 50075.3 (Senate Bill 165) requires local agencies levying a special tax to provide an annual status report to the governing body (City Council).
This report provides the required information.
Issue and Discussion: The attached annual report delivered by the CFD administrator NBS indicates that revenue, expenses and CFD funding balance for the Fiscal Year 2022/23 were the following:
37 City Council Report January 23, 2024 Page 2 of 3
CFD tax & interest revenue: $17,835.75
Amount Expended: $16,107.96
CFD Fund Balance (as of 9/30/22): $160,091.83
CFD Fund Balance (as of 9/30/23): $161,819.62
Special taxes are levied at a rate per impervious square foot of each participating parcel. The initial rate under the agreement was established at $0.10 per square foot and is subject to an increase annually based on the lesser of 3% or the April Consumer Price Index (CPI) change. Previously approved annual rate increases, and the proposed rate increase to the CFD levy are summarized as follows:
Table 1 – Annual Change in Tax Rate
Fiscal Year CPI Percent
Increase
Special Tax Rate
($/square foot)
2014-15 (CFD Formed) NA 0.10
2015-16 + 2.44 2.44 0.10244
2016-17 +2.70 2.70 0.10521
2017-18 +3.79 3.0 0.10835
2018-19 +3.22 3.0 0.11160
2019-20 +4.01 3.0 0.11495
2020-21 +1.11 1.11 0.11623
2021-22 +3.81 3.0 0.11971
2022-23 +8.3 3.0 0.12331
2023-24 +4.19 3.0 0.12701
Because public roads contribute half of the runoff and pollutant loading to the Bijou ECP, which is considered a public benefit, the City of South Lake Tahoe is responsible for up to half of the annualized funding for ongoing operations and maintenance (estimated at $112,403 per year over the next 20 years).
Anticipated costs to overhaul and eventually replace major electrical and mechanical components of the pump system were factored into the average annual cost. Through the lifecycle of the project, annual costs are expected to be lower than the budgeted annualized maintenance cost because major replacement costs will be realized as the system ages.
Currently, only 12 out of 43 property owners eligible to participate in the CFD are participating in TRPA defined, “Area Wide BMPs.” Staff is working with TRPA to attract the maximum number of participants within the CFD to choose the levied assessment in lieu of constructing on-site BMPs. The assessment fees are calculated based on the impervious square footage for each property. Up to five times the current revenue could be collected annually if all 43 eligible properties located within the CFD participated.
Financial Implications: The recent annual 3% increase in special tax levy rates for the CFD participants was implemented to keep pace with average inflation while maintaining a set cap on the tax increase.
During this reporting period, the CPI was over the 3% cap. Therefore, the maximum 3% increase will be applied to the CFD tax rate as documented in Table 1.
38 City Council Report January 23, 2024 Page 3 of 3
Environmental Considerations: CEQA does not apply. Approval of staff’s recommendation is not a “project” subject to CEQA because it (a) has no potential to cause a significant effect on the environment and (b) concerns government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (Cal. Code Regs., tit. 14, §§ 15061(b)(3) and 15378(b)(4).)
Policy Implications: The special tax revenue is reserved for the operation and maintenance of the Bijou Area storm water pump and treat system. All expenses are consistent with policies and procedures regulating the Bijou Area CFD as approved and adopted by City Council in 2014. 39 Fiscal Year 2023/24 Annual Report for:
COMMUNITY FACILITIES DISTRICT NO. 2014-1
(BIJOU AREA ECP)
November 2023
40 TABLE OF CONTENTS
District Summary ...................................................................................................................1
1. SB 165: Local Agency Special Tax and Bond Accountability Act ........................................2
2. Special Tax Analysis........................................................................................................3
2.1 Special Tax Rates.......................................................................................................3
2.2 Annual Special Tax Rate Increase..............................................................................3
2.3 Special Tax Rate Comparison ....................................................................................4
2.4 Delinquency Summary ..............................................................................................5 Appendix A. District Boundary ...............................................................................................A Appendix B. Rate And Method Of Apportionment..................................................................B Appendix C. Delinquency Summary Report ............................................................................C Appendix D. Final Billing Detail Report.................................................................................. D 41 City of South Lake Tahoe
Fiscal Year 2023/24 Annual Report – Community Facilities District No. 2014-1 (Bijou Area ECP) 1
DISTRICT SUMMARY
Community Facilities District No. 2014-1 (Bijou Area ECP) (the “District”) was created to finance the costs of the construction and maintenance of the Bijou Area Erosion Control Project (the “Bijou Area ECP”) water quality treatment system. The levy of special taxes was approved by landowners in July 2014. The first special tax levy occurred in Fiscal Year 2014/15. Bonds were not issued to fund any costs associated with the District. The Special Tax will be levied as long as there are costs associated with maintenance of the treatment system.
The Tahoe Regional Planning Agency (the “TRPA”) issues a Best Management Practices (the “BMP”) Certificate of Completion (the “Certificate”) to parcels that install and maintain a system to recover, trap, treat and filter stormwater runoff. The Certificate remains active as long as the BMP are maintained and the system is functioning properly. The TRPA also issues BMP Certificates to any parcel in the District that is current in payment of the Special Tax.
There are currently 10 parcels within the District boundary. There are 33 additional parcels within the Future Annexation Area. These 33 parcels are within the Bijou commercial core area but have not been annexed into the District. Five of these future annexation parcels had existing BMPs prior to the formation of the District. Currently, the Special Tax is not levied on the 33 parcels within the Future Annexation Area.
Levy
The following table provides a summary of the Fiscal Year 2023/24 final levy amount.
Participation Class
Parcel
Count
FY 2023/24
Levy
Full Participation 9 $14,457.18
Partial Participation 1 304.42
Totals: 10 $14,761.60
Delinquencies
As of June 30, 2023, the Fiscal Year 2022/23 delinquency rate for CFD 2014-1 was 2.68% which equaled $383.85 in outstanding delinquent installments. Please refer to Appendix C for detailed historical information. NBS will continue to monitor delinquencies and recommend the appropriate delinquency management actions to the City of South Lake Tahoe (the “City”) as needed.
NBS
Tom Zetz, Administrator
Amanda Welker, Project Manager
Tim Seufert, Client Services Director
42 City of South Lake Tahoe
Fiscal Year 2023/24 Annual Report – Community Facilities District No. 2014-1 (Bijou Area ECP) 2
1. SB 165: LOCAL AGENCY SPECIAL TAX AND BOND
ACCOUNTABILITY ACT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act. This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001 in accordance with Section 50075.1 or Section 53410 of the California Government Code.
Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Section 50075.3 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1.”
The requirements of the Act apply to the Operating Fund for the following District:
City of South Lake Tahoe
Community Facilities District No. 2014-1 Bijou Area ECP Formed July 15, 2014
Purpose of Special Tax
The District was created to finance the costs of the construction and maintenance of the Bijou Area Erosion Control Project water quality treatment system.
Services in the District remain ongoing.
Fiscal Year 2022/23 Collections & Expenditures
Fund
09/30/2022
Balance
Amount
Collected (1)
Expended
Amount
09/30/2023
Balance
Service
Status
Operating Fund $160,091.83 $17,835.75 $16,107.96 $161,819.62 Ongoing (1) Represents special tax collections through September 30, 2023. 43 City of South Lake Tahoe
Fiscal Year 2023/24 Annual Report – Community Facilities District No. 2014-1 (Bijou Area ECP) 3
2. SPECIAL TAX ANALYSIS
2.1 Special Tax Rates
The Fiscal Year 2023/24 applied rates and special tax levy are shown in the table below.
Participation Class
Parcel
Count
Impervious
Square
Footage
FY 2023/24
Maximum
Tax Rate
FY 2023/24
Applied
Tax Rate
Total FY 2023/24
Special Tax Levy (1)
Full 9 113,832 $0.12701 $0.12701 $14,457.18
Partial 1 2,397 0.12701 0.12701 304.42
Totals: 10 116,229 $14,761.60
(1) Slight variances may occur due to rounding.
2.2 Annual Special Tax Rate Increase
The maximum special tax for future years is authorized to automatically increase by the lesser of 3.00% or April CPI change. If for any reason the CPI percentage change is negative the Escalation Factor will be zero and will not result in a decrease. The maximum rate allowed from Fiscal Year 2022/23 to Fiscal Year 2023/24 was 3.00%.
44 City of South Lake Tahoe
Fiscal Year 2023/24 Annual Report – Community Facilities District No. 2014-1 (Bijou Area ECP) 4
2.3 Special Tax Rate Comparison
The Fiscal Year 2023/24 maximum tax rates and applied tax rates compared to the prior year are shown below.
FY 2022/23 FY 2023/24 % Change in
Applied Tax
Rate (2)
Participation
Class
Impervious
Square Footage Rate Per
Maximum
Tax Rate (1)
Applied Tax
Rate
% of
Maximum
Maximum
Tax Rate (1)
Applied Tax
Rate
% of
Maximum
Full 113,832 Impervious
Sq. Ft. $0.12331 $0.12331 100.00% $0.12701 $0.12701 100.00% 3.00% Partial 2,397 Impervious
Sq. Ft. 0.12331 0.12331 100.00% 0.12701 0.12701 100.00% 3.00% (1) Maximum Tax Rate increases by the lesser of 3% or April CPI change as defined in section 2.2. (2) Represents the change between the current and prior year applied tax rates. 45 City of South Lake Tahoe
Fiscal Year 2023/24 Annual Report – Community Facilities District No. 2014-1 (Bijou Area ECP) 5
2.4 Delinquency Summary
The following table summarizes the Fiscal Year 2022/23 delinquency rate for the District. Please refer to Appendix C for the District’s historical delinquency rates.
Description Amount
Fiscal Year 2022/23 Amount Levied $14,331.62
Fiscal Year 2022/23 Amount Delinquent 383.85
Fiscal Year 2022/23 Delinquency Rate 2.68%
46 City of South Lake Tahoe
Fiscal Year 2023/24 Annual Report – Community Facilities District No. 2014-1 (Bijou Area ECP) A APPENDIX A. DISTRICT BOUNDARY
47 City of South Lake Tahoe
Fiscal Year 2023/24 Annual Report – Community Facilities District No. 2014-1 (Bijou Area ECP) B APPENDIX B. RATE AND METHOD OF APPORTIONMENT
The following pages show the Rate and Method of Apportionment of the Special Tax. 48 RMA - Page 1
CITY OF SOUTH LAKE TAHOE
COMMUNITY FACILITIES DISTRICT NO. 2014-1
(BIJOU AREA ECP)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the City of South Lake Tahoe Community Facilities District No. 2014-1 (Bijou Area ECP) (“CFD No. 2014-1”) and collected each Fiscal Year commencing in Fiscal Year 2014-2015 in an amount determined by the City Council through the application of the Special Tax for Taxable Property as described below. All of the real property in CFD No. 2014-1, unless exempted by law or by the provisions hereof, shall be taxed for purposes of CFD No. 2014-1 to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2014-1 including, but not limited to, the following: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City, the CFD Administrator, or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs to the City, CFD No. 2014-1 or any designee thereof of complying with disclosure requirements; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; and the costs of the City, CFD No. 2014-1, or any designee thereof related to any appeal of the levy or application of the Special Tax. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2014-1 for any other administrative purposes, including, but not limited to, attorney’s fees. “Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating parcels by an Assessor’s Parcel number.
“Bijou Area ECP” means the City’s Bijou Area Erosion Control Project. “BMP(s)” means Best Management Practices.
“BMP Certificate of Completion” means a certificate issued by the TRPA to a parcel that has installed and maintains BMPs, participates in CFD No. 2014-1, or some combination thereof. The certificate remains active as long as BMPs are maintained and functioning properly and/or the Assessor’s Parcel is current in payment of the required Special Tax required through full participation in CFD No. 2014-1. 49 RMA - Page 2
“BMP Certified Property” means an Assessor’s Parcel within the boundaries of CFD No. 2014-1 which has received a BMP Certificate of Completion for all impervious square footage on their Assessor’s Parcel at the time of formation of CFD No. 2014-1. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 2014-1” means the City of South Lake Tahoe Community Facilities District No. 2014-1 (Bijou Area ECP).
“City” means the City of South Lake Tahoe.
“Council” means the City Council of the City, acting as the legislative body of CFD No. 2014-1.
“County” means the County of El Dorado.
“CPI” means the annual percentage change in the Consumer Price Index for all Urban Consumers, for the San Francisco-Oakland-San Jose area determined from the April 1 of the current Fiscal Year as calculated from the April 1 of the prior Fiscal Year. “Escalation Factor” means the lesser of 3.0% or CPI. If for any reason the CPI percentage change is negative the Escalation Factor will be zero and will not result in a decrease.
“Exempt Property” means all Assessors’ Parcels that are exempt from the Special Tax pursuant to Section E.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Full Participation Property” means an Assessor’s Parcel within the boundaries of CFD No. 2014-1 that satisfies BMP requirements for the Assessor’s Parcel’s total assigned Impervious Square Footage by receiving BMP certification via the ongoing payment of the Special Tax.
“Impervious Square Foot” means each square foot of assigned Impervious Square Footage.
“Impervious Square Footage” means the total square footage of land that does not infiltrate water as it would in its natural condition and/or contributes stormwater runoff to the Bijou Area ECP stormwater treatment system. The initial Impervious Square Footage assigned to each Assessor’s Parcel is based upon the impervious area assignments as identified in Table 1. The Impervious Square Footage assigned to an Assessor’s Parcel can change as a result of future development and/or redevelopment.
The identification of impervious square footage is not a verification of coverage. “Maximum Annual Special Tax” means the maximum annual Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
50 RMA - Page 3
“Partial Participation Property” means an Assessor’s Parcel within the boundaries of CFD No. 2014-1 that satisfies BMP requirements with an active BMP Certificate of Completion for a portion of the assigned Impervious Square Footage and satisfies BMP requirements for the remaining portion of the assigned Impervious Square Footage by receiving BMP certification via the ongoing payment of the Special Tax. “Proportionately” means for Taxable Property that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal for all Assessors’ Parcels of Taxable Property within CFD No. 2014-1. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement. “Special Tax Requirement” means that amount of Special Tax revenue required in any Fiscal Year for CFD No. 2014-1 to: (i) pay directly for a portion of the total annual maintenance of a comprehensive regional water quality treatment system to treat both public and private runoff, protecting the clarity of Lake Tahoe; (ii) pay Administrative Expenses; (iii) pay any amounts required to establish or replenish any repair and contingency funds, capital improvement funds, or reserve funds for CFD No. 2014-1; (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; and (v) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator. “State” means the State of California.
“Taxable Property” means an Assessor’s Parcel within the boundaries of CFD No. 2014-1 that is not exempt from the Special Tax pursuant to law or Section E below. “TRPA” means the Tahoe Regional Planning Agency.
B. ASSIGNMENT TO LAND USE CATEGORIES
On, or around, July 1 of each Fiscal Year, utilizing City building permit information, the City shall determine any changes to the total Impervious Square Footage for each Assessor’s Parcel as a result of any new development and/or redevelopment occurring on the Assessor’s Parcel. If the total Impervious Square Footage assigned to an Assessor’s Parcel changes as a result of new development and/or redevelopment, the Impervious Square Footage assigned to an Assessor’s Parcel shall be adjusted to equal the new total amount of Impervious Square Footage.
All Assessor’s Parcels within CFD No. 2014-1 shall then be classified as Taxable Property or Exempt Property. Taxable Property shall be further classified as Full Participation Property or Partial Participation Property and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below.
C. ASSIGNMENT OF MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Annual Special Tax for each Assessor’s Parcel of Taxable Property shall be assigned according to the table below:
51 RMA - Page 4
Taxable Property
Classification
2014-2015 Maximum
Annual Special Tax Amount
Full Participation Property $0.10 per Impervious Square Foot Partial Participation Property
$0.10 per Impervious Square Foot
not captured and infiltrated
by a TRPA approved BMP
On July 1 of each Fiscal Year, commencing on July 1, 2015, the Maximum Annual Special Tax set forth in the table above shall increase by the Escalation Factor. In no event, shall the Maximum Annual Special Tax decrease.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2014-2015 and for each subsequent Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement.
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property at a rate up to 100% of the applicable Maximum Annual Special Tax to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor’s Parcel of residential property be increased by more than ten percent (10%) above what it would have been levied had there been no delinquencies.
E. EXEMPTIONS
The CFD Administrator shall classify the following as Exempt Property: BMP Certified Property at the time of initial formation of CFD No. 2014-1 either through prior written agreement with the City specific to the Bijou Area ECP or through an existing BMP Certificate of Completion. Assessors Parcels with an existing BMP Certificate of Completion at the formation of CFD No. 2014-1 shall remain classified as Exempt Property as long as BMPs are maintained and functioning as approved by the City, TRPA or other entity tasked with certifying BMPs.
If the use, and resulting Impervious Square Footage of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.
F. REVIEW/APPEAL COMMITTEE
Any landowner or resident who feels that the assigned Impervious Square Footage or amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such 52 RMA - Page 5
consultation and action (if any by the CFD Administrator), the landowner or resident believes such error still exists, such person may file a written notice with the City appealing the assigned Impervious Square Footage or amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City shall establish as part of the proceedings and administration of CFD No. 2014-1 a special review/appeal committee. The review/appeal committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The review/appeal committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the review/appeal committee shall be final and binding as to all persons.
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2014-1, may directly bill the Special Tax, and may collect Special Taxes at a different time or in a different manner as necessary to meet its financial obligations.
H. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
I. TERM OF SPECIAL TAX
The Special Tax shall be levied, commencing in Fiscal Year 2014-2015, as long as necessary to satisfy the Special Tax Requirement.
53 RMA - Page 6
TABLE 1
Assessor’s
Parcel Number
Impervious
Square
Footage
Assessor’s
Parcel Number
Impervious
Square
Footage
027-020-09-100 15,263 027-101-28-100 3,877
027-020-10-100 43,137 027-350-01-100 28,772
027-020-15-100 113,364 027-350-06-100 21,774
027-020-17-100 45,790 027-350-15-100 6,834
027-090-06-100 21,086 027-350-16-100 21,367
027-090-09-100 1,290 027-350-20-100 47,424
027-090-11-100 6,226 027-350-23-100 4,864
027-090-16-100 45,612 027-350-24-100 29,228
027-090-17-100 5,025 027-370-02-100 194
027-090-20-100 9,770 027-370-04-100 3,360
027-090-22-100 30,179 027-371-02-100 2,927
027-090-23-100 8,537 027-371-03-100 1,706
027-090-25-100 15,919 027-371-09-100 2,702
027-101-02-100 3,193 027-371-10-100 2,628
027-101-03-100 2,038 027-371-11-100 2,887
027-101-04-100 2 027-371-12-100 2,240
027-101-05-100 1,146 027-371-13-100 2,826
027-101-14-100 1,204 027-371-14-100 41
027-101-17-100 2,397 027-371-15-100 743
027-101-22-100 1,368 027-431-31-100 10,034
027-101-24-100 4,020 027-621-02-100 53,944
027-101-27-100 6,313
54 City of South Lake Tahoe
Fiscal Year 2023/24 Annual Report – Community Facilities District No. 2014-1 (Bijou Area ECP) C APPENDIX C. DELINQUENCY SUMMARY REPORT
The following pages show the current Delinquency Summary Report. 55 City of South Lake Tahoe
Delinquency Summary Report
As of: 06/30/2023
Delinquent
Amount %
Billed
Installments
Paid
Installments
Delinquent
Installments
Delinquent
District Due Date Installments %
Billed
Amount
Paid
Amount
Delinquent
Amount
CFD 2014-1 - CFD No. 2014-1 (Bijou Area ECP)
08/01/2014 Billing:
12/10/2014 $3,131.68 $3,131.68 $0.00 0.00% 10 10 0 0.00% 04/10/2015 $3,131.68 $3,131.68 $0.00 0.00% 10 10 0 0.00% Subtotal: $6,263.36 $6,263.36 $0.00 0.00% 20 20 0 0.00% 08/01/2015 Billing:
12/10/2015 $5,952.99 $5,952.99 $0.00 0.00% 43 10 0 0.00% 04/10/2016 $5,952.99 $5,952.99 $0.00 0.00% 43 10 0 0.00% Subtotal: $11,905.98 $11,905.98 $0.00 0.00% 86 20 0 0.00% 08/01/2016 Billing:
12/10/2016 $6,113.41 $6,113.41 $0.00 0.00% 43 10 0 0.00% 12/10/2016 $0.00 $0.00 $0.00 0.00% 0 0 0 0.00%
04/10/2017 $6,113.41 $6,113.41 $0.00 0.00% 43 10 0 0.00% 04/10/2017 $0.00 $0.00 $0.00 0.00% 0 0 0 0.00%
Subtotal: $12,226.82 $12,226.82 $0.00 0.00% 86 20 0 0.00% 08/01/2017 Billing:
12/10/2017 $6,296.83 $6,296.83 $0.00 0.00% 43 10 0 0.00% 04/10/2018 $6,296.83 $6,296.83 $0.00 0.00% 43 10 0 0.00% Subtotal: $12,593.66 $12,593.66 $0.00 0.00% 86 20 0 0.00% 08/01/2018 Billing:
12/10/2018 $6,485.73 $6,485.73 $0.00 0.00% 43 10 0 0.00% 04/10/2019 $6,485.73 $6,485.73 $0.00 0.00% 43 10 0 0.00% Subtotal: $12,971.46 $12,971.46 $0.00 0.00% 86 20 0 0.00% 08/01/2019 Billing:
12/10/2019 $6,680.30 $6,680.30 $0.00 0.00% 43 10 0 0.00% 04/10/2020 $6,680.30 $6,680.30 $0.00 0.00% 43 10 0 0.00% Subtotal: $13,360.60 $13,360.60 $0.00 0.00% 86 20 0 0.00% Copyright © 2012 by NBS Page 1 of 2 10/02/2023 02:15:57PM 56 City of South Lake Tahoe
Delinquency Summary Report
As of: 06/30/2023
Delinquent
Amount %
Billed
Installments
Paid
Installments
Delinquent
Installments
Delinquent
District Due Date Installments %
Billed
Amount
Paid
Amount
Delinquent
Amount
CFD 2014-1 - CFD No. 2014-1 (Bijou Area ECP)
08/01/2020 Billing:
12/10/2020 $6,754.46 $6,754.46 $0.00 0.00% 43 10 0 0.00% 04/10/2021 $6,754.46 $6,754.46 $0.00 0.00% 43 10 0 0.00% Subtotal: $13,508.92 $13,508.92 $0.00 0.00% 86 20 0 0.00% 08/01/2021 Billing:
12/10/2021 $6,957.11 $6,957.11 $0.00 0.00% 43 10 0 0.00% 04/10/2022 $6,957.11 $6,957.11 $0.00 0.00% 43 10 0 0.00% Subtotal: $13,914.22 $13,914.22 $0.00 0.00% 86 20 0 0.00% 08/01/2022 Billing:
12/10/2022 $7,165.81 $7,165.81 $0.00 0.00% 43 10 0 0.00% 04/10/2023 $7,165.81 $6,781.96 $383.85 5.36% 43 9 1 2.33% Subtotal: $14,331.62 $13,947.77 $383.85 2.68% 86 19 1 1.16% CFD 2014-1 Total: $111,076.64 $110,692.79 $383.85 0.35% 708 179 1 0.14% Agency Grand Total: $111,076.64 $110,692.79 $383.85 0.35% 708 179 1 0.14% Copyright © 2012 by NBS Page 2 of 2 10/02/2023 02:15:57PM 57 City of South Lake Tahoe
Fiscal Year 2023/24 Annual Report – Community Facilities District No. 2014-1 (Bijou Area ECP) D APPENDIX D. FINAL BILLING DETAIL REPORT
The following page shows the Final Billing Detail Report for Fiscal Year 2023/24. 58 City of South Lake Tahoe
CFD No. 2014-1 (Bijou Area ECP)
Final Billing Detail Report for Fiscal Year 2023/24
APN Situs Address
Impervious Square
Footage Participation Class Levy Total
027-020-009-000 3485 LAKE TAHOE BLVD 15,263.00 Full 1,938.48 027-020-010-000 3489 LAKE TAHOE BLVD 43,137.00 Full 5,478.62 027-090-011-000 1022 FAIRWAY AVE 6,226.00 Full 790.72
027-090-020-000 3460 LAKE TAHOE BLVD 9,770.00 Full 1,240.84 027-090-022-000 3450 LAKE TAHOE BLVD 30,179.00 Full 3,832.88 027-101-002-000 3542 LAKE TAHOE BLVD 3,193.00 Full 405.52 027-101-004-000 1028 HAM LN 2.00 Full 0.24
027-101-017-000 3552 LAKE TAHOE BLVD 2,397.00 Partial 304.42 027-370-004-000 941 BAL BIJOU RD 3,360.00 Full 426.72
027-371-009-000 952 BAL BIJOU RD 2,702.00 Full 343.16
10 Accounts 116,229.00 $14,761.60
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 1 of 1 10/02/2023 02:47:14PM 59 BIJOU AREA EROSION CONTROL PROJECT
EXHIBIT A
N.T.S
SITE VICINITY MAP
N.T.S
VICINITY MAP
N.T.S
SITE LOCATION MAP
H:\Autocad files\PWC 2005-04\dwg\RFP\Bijou Area ECP Map.dwg, 1/29/2007 10:13:20 AM, ScanSoft PDF Create! 60 MAP ID APN MAPID APN
1 027--020-09-100 3 027-090-11-100
2 027--020-10-100 4 027--090-20-100
LJ
0 CJ
MAP OF PROPOSED BOUNDARIES OF
CITY OF SOUTH LAKE TAHOE
COMMUNITY FACILITIES DISTRICT NO. 2014-1
(BIJOU AREA ECP)
CITY OF SOUTH LAKE TAHOE
COUNTY OF EL DORADO
STATE OF CALIFORNIA
Shfft1 of1
0-1 FILED LAKE TAHOE THIS 2014. IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SOUTH @9 J.::;J r# CITY CLERK OE rriBfB Q . DAY OF ITY OF SOUTH LAKE TAH IA ITY OF SOUTH LAKE DORADO COUNTY, CALIFORN OW1NG THE PROPOSED EL DORADO, STATE OF CAL O ON THE ___ DAY OF__ · \h-n-0 f'l'A V;J
L-\.J\.\.J\U '<zy IJlY \..U t;:;:J
Glenwood 'Nay
2J
2J
2J
( \ I I I 11
i
FILED THIS __ DAY OF __ , 2014, AT THE HOUR OF __ O'CLOCK_M, IN BOOK __ OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF EL DORADO, STATE OF CALIFORNIA.
COUNTY RECORDER
COUNTY OF EL DORADO, CALIFORNIA
FOR PARTICULARS OF THE UNESAND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF EL DORADO, STATE OF CALIFORNIA.
Legend
ii!
•
Legend
MAPID
5 6
APN
027-090-22-100 027-101--02-100
MAP ID APN
7 027-101-04-100
8 027-101-17-100
MAPID
9 10
APN
027-370-04-100 027-371--09-100
c:::J CFO Parcels
C:J Surrounding Parcels
Prepared by
0.01 0.02 0.04 0.06 GNes·
Miles
61 8
MAPID APN
027-02().15-100 027-02().17·100 027-090--06-100 027-090-09-100 027-090-16-100 027-090-17-100 MAPID
7 8
9 10
11 12
APN MAPID APN
027-09().23-100 13 027-101-24-100
027-09().25-100 14 027-101-27-100 027-101-03-100 15 027-101-28-100 027-101-05-100 16 027·35Q.01-100 027-101-14-100 17 027-35Q.06-100
027-101-22-100 18 027-35().15-1 00
MAP OF FUTURE ANNEXATION AREA OF
CITY OF SOUTH LAKE TAHOE
COMMUNITY FACILITIES DISTRICT NO. 2014-1
(BIJOU AREA ECP)
MAP ID APN
19 027-350-16-100
20 027-350-2().100
21 027-350-23-100
22 027-350-24-100
23 027-370-02-100 24 027-371-02-100
CITY OF SOUTH LAKE TAHOE
COUNTY OF EL DORADO
STATE OF CALIFORNIA
MAPID APN
25 027-371-03-100 26 027-371-1().100 27 027-371-11-100
28 027-371-12-100
29 027-371-13-100
30 027-371-14-100
MAP ID APN
31 027-371-15-100
32 027-431-31-100 33 027-621-02-100
ShHt1of1
FlLED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SOUTH LAKE TAHOE THIS __ DAY 2014.
CITY CLERK CITY OF SOUTH LAKE TAHOE
El DORADO COUNTY, CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF THE FUTURE ANNEXATION AREA OF THE CITY OF SOUTH LAKE TAHOE COMMUNITY FAC1LIT1ES DISTRICT NO. 2014-1 (BIJOU AREA ECP), CITY OF SOUTH LAKE TAHOE, COUNTY OF EL DORADO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE, AT A MEETING THEREOF, HELD ON THE DAY 2014, BY 1TS RESOLUTION NO. -
CITY CLERK
CITY OF SOUTH LAKE TAHOE
EL DORADO COUNTY, CALIFORNIA
FILED THIS __ DAY OF __ , 2014, AT THE HOUR OF __ O'CLOCK _M, IN BOOK __ OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF El DORADO, STATE OF CALIFORNIA.
COUNTY RECORDER COUNTY OF El DORADO, CALIFORNIA
FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF El DORADO, STATE OF CALIFORNIA.
0.015 0.03 0.06 0.09
Mlles
Legend
Ill
Legend
c:J Parcels
S..-rouodmg Parcels
Prepared by
GNBS
62 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:5
Agenda Item: Enterprise License Agreement Extension with Esri Executive Summary: Public Works administers an Enterprise License Agreement (ELA) with the Geographic Information System (GIS) software company, Esri. The ELA must be renewed every three years. The proposed agreement will extend the ELA through February 2027. The new ELA will have an annual cost of $28,400 for 3 years for a total of $85,200. The budget for the ELA expense is included in the Department of Public Works, Engineering Division annual budget (100-03210-46112).
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute an Enterprise License Agreement extension with Esri for Geographical Information System software at an annual cost of $28,400 for 3 years for a total of $85,200.
Responsible Staff Member: Ryan Malhoski, GIS Analyst
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Esri GIS Agreement.docx
02-Agreement
63 Council Agenda Report January 23, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 23, 2024
Title: Enterprise License Agreement extension with Esri Location: Citywide
Responsible Staff Member: Ryan Malhoski, GIS Analyst (530) 542-6194 Background: The city of South Lake Tahoe has used Esri Geographical Information System (GIS) products since 2009 to develop and maintain a repository of geospatial information for the city as well as provide desktop, online, mobile, database, and server software to access, analyze, map, and share GIS data within the city, regional partners, and the public. In 2018, seeing the increasing utilization of GIS within the city the Public Works Department entered into an ELA with Esri which allows the city to deploy an unlimited amount of licenses to their desktop, server, and database software. This gives the city the flexibility to deploy these products quickly and easily where needed. The current ELA has a 3-year term which will expire on February 13 2024.
Securing the ELA for another 3-year term will allow the city to continue utilizing and growing the use of GIS within the city. The new ELA will have an annual cost of $28,400 for 3 years for a total of $85,200.
Issue and Discussion: The use of GIS has evolved over time within the city and continues to evolve today. GIS is a powerful tool for analysis and collaboration as it visualizes and easily conveys complex data that can be accessed on a desktops, laptops, the web, cell phones, or tablets.
Currently most city departments use GIS in some form whether it be using GIS desktop software, web maps, mobile applications, or direct integrations into department systems. Below are some notable uses of GIS within the city:
Public Works Department
o Integration with work order and asset management system VUEWorks o Capital Improvement Project design
o Stormwater network
o Street Maintenance/Snow Removal
Development Services Department
o VHR/Shared Rental tracking
o Permit counter web map
o Building inspection application
o MFD inspection application
o Updating Plan Area Statement and Area Plan zones
Police Department
64 Council Agenda Report January 23, 2024 Page 2 of 2
o Homeless Outreach Team mobile application (Collaboration with El Dorado County Sheriff’s office)
o Integration with GoGov compliance software
o Crime and complaint data mapping
o Integration with dispatch
Fire Department
o Public lands mobile application
o Firewise mobile application
o Integration with Dispatch
In addition to working with all city departments, GIS works collaboratively with other agencies within the area. Currently GIS shares data with TRPA, STPUD, CTC, TRCD, El Dorado County, Douglas County, Lukins Water, and multiple federal agencies. All of these agencies use GIS and some have this type of ELA with Esri. Having the same GIS resources as these agencies makes it very easy to share, collaborate, and maintain GIS data that affects us all.
With the ELA, GIS can expand capabilities quickly without having to go through the city procurement process for most things as unlimited desktop licenses for software is included with the ELA. The ELA allows city GIS to continue maintaining the level of service that it already gives and allows unhindered growth as more department processes utilize the environment that the ELA provides.
Financial Implications: The ELA is a three-year commitment with Esri in which the city pays a yearly maintenance fee of $28,400. The total cost of the three-year term is $85,200 ($28,400 X 3).
The funding source for this will come from the GIS Capital Outlay item: Expense code 100-03210- 46112. FY 2023-2024 budget is sufficient to cover the first year maintenance fee.
The ELA the city has is a package deal only available to small municipalities with a population less than 25,000 and includes software that if bought separately would cost well over four times the cost of the ELA.
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).
Policy Implications: The purchase of the proposed three-year GIS software package is in alignment with the City Council's Strategic Plan Priority 5.2 65 Quotation # Q-511784
Date: December 14, 2023
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 370724 Contract #
City of South Lake Tahoe
Public Works Dept.
1740 D St
South Lake Tahoe, CA 96150-6227
To expedite your order, please attach a copy of ATTENTION: Ryan Malhoski this quotation to your purchase order. PHONE: 5305426194 Quote is valid from: 12/14/2023 To: 3/13/2024 EMAIL: [email protected] Material Qty Term Unit Price Total
168177 1 Year 1 $28,400.00 $28,400.00
Populations of 0 to 25,000 Small Government Enterprise Agreement Annual Subscription 168177 1 Year 2 $28,400.00 $28,400.00
Populations of 0 to 25,000 Small Government Enterprise Agreement Annual Subscription 168177 1 Year 3 $28,400.00 $28,400.00
Populations of 0 to 25,000 Small Government Enterprise Agreement Annual Subscription Subtotal: $85,200.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $85,200.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Peter Thomas
Email:
[email protected]
Phone:
909 369 5555 ext. 2192 x2192
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.
THOMASP This offer is limited to the terms and conditions incorporated and attached herein. 66 Quotation # Q-511784
Date: December 14, 2023
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 370724 Contract #
City of South Lake Tahoe
Public Works Dept.
1740 D St
South Lake Tahoe, CA 96150-6227
To expedite your order, please attach a copy of ATTENTION: Ryan Malhoski this quotation to your purchase order. PHONE: 5305426194 Quote is valid from: 12/14/2023 To: 3/13/2024 EMAIL: [email protected] _________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request.
If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.
In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.
BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.
Please check one of the following:
___ I agree to pay any applicable sales tax.
___ I am tax exempt, please contact me if exempt information is not currently on file with Esri. ___________________________________________ ________________________ Signature of Authorized Representative Date
___________________________________________
Name (Please Print)
___________________________________________
Title
_________________________________________________________________________________________________________________________________ The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).
Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Peter Thomas
Email:
[email protected]
Phone:
909 369 5555 ext. 2192 x2192
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.
THOMASP This offer is limited to the terms and conditions incorporated and attached herein. 67 Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement #
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-1)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager, ArcGIS Data Reviewer
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Runtime Standard
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
50 ArcGIS Online Viewers
50 ArcGIS Online Creators
10,000 ArcGIS Online Service Credits
50 ArcGIS Enterprise Creators
2 ArcGIS Insights in ArcGIS Enterprise
2 ArcGIS Insights in ArcGIS Online
5 ArcGIS Location Sharing User Type Extension (Enterprise) 5 ArcGIS Location Sharing User Type Extension (Online)
6 ArcGIS Advanced Editing User Type Extension (Enterprise)
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 2 Number of Tier 1 Help Desk individuals authorized to call Esri 2 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee 68
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
69
1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/enus/legal/terms/full-master-agreement and available in the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0—ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.
2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.
3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or government70
owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.
3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
4.0—PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.
Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.
4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/otherresources/product-life-cycle. Updates for Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.
5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/enus/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.
Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.
4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.
5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.
6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
71
supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0—ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will not decouple Esri products or
services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0—ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
72
9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
73 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:6
Agenda Item: Cost Sharing Cooperative Agreement with Caltrans for US 50 Road Safety Audit Executive Summary: On May 15, 2023, the City received a new Engineering and Traffic Survey (E&TS) from the California Department of Transportation (Caltrans) regarding increasing the speed limits for segments of US 50, US 89, and US 50/89 in the City of South Lake Tahoe. Subsequently, on June 20, 2023, a public hearing was conducted regarding the proposed changes to the speed limits, and the City Council adopted a resolution opposing the speed limit increase and requested the Department of Transportation to initiate a corridor study to include traffic calming measures and multi-modal mobility enhancements along US 50 and 89. As a first step toward this study, Caltrans agreed to conduct a Road Safety Audit (RSA) to develop short-term upgrades to address safety and speed issues on US 50 and 89 and asked the City of South Lake Tahoe to agree to a 50/50 cost sharing for this effort. The City's portion of the cost is $35,000.
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the mayor to execute a cost-sharing agreement with Caltrans for US 50 Road Safety Audit and appropriating $35,000 from the City's General Fund Undesignated Excess Reserves to cover the City's share.
Responsible Staff Member: Anush Nejad, Director of Public Works Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
02-Resolution-Caltrans US 50 Road Safety Audit Agreement.docx 03 - Cooperative Agreement (Exh. A to Reso.).docx
04 - Res 2023-061 Caltrans US 50-89 Speed Survey.pdf
01-Staff_Report_-_CalTrans_Coopertive_Agreement.docx
74 Council Agenda Report January 23, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 23, 2024
Title: Cost Sharing Cooperative Agreement with Caltrans for US 50 Road Safety Audit Location: U.S. 50/89 from City Limits to Blue Lake Avenue and State Route 89 between “Y” to City Limits
Responsible Staff Member: Anush Nejad, Director of Public Works – (530) 542-6031
Background: On May 10, 2023, the City received a report from the California Department of Transportation (Caltrans) regarding an Engineering and Traffic Survey (E&TS) US 50 from 0.05 miles east of Hopi Avenue in Meyers to the Nevada state line and on US 89 from the 50/89 intersection at the “Y” to Cathedral Road. Caltrans at the time, had recommended increasing the speed limits for three segments along this corridor.
On June 20, 2023, the City conducted a Public Hearing regarding the proposed speed limit increases. The City received over 100 written or oral comments opposing the increase in speed limits. Consequently, the City Council adopted Resolution 2023-061 (Attachment 02), opposing the recommendations for increasing the speed limits and requesting the Department of Transportation to initiate a corridor study to include traffic calming measures and multi-modal mobility enhancements in cooperation with the City of South Lake Tahoe, for the US 50 and 89 corridors, consistent with the City’s 2023- 2028 adopted Strategic Plan and other goals and vision for the corridor.
Issue and Discussion: As a first step in the Corridor Study, Caltrans agreed to conduct a Road Safety Audit to develop short-term recommendations for safety upgrades and managing the traffic speeds along the proposed corridor and asked the City to co-sponsor this study with a 50/50 costsharing plan. The Road Safety Audit was conducted in the City of South Lake Taho on October 2 and 3, 2023. City staff, Caltrans, and a consultant team participated in the Study.
As the next step in the Corridor study, City staff is applying for a $700,000 Caltrans Planning Grant.
Financial Implications: The attached cost-sharing Cooperative Agreement is for the City’s portion of the study, which is $35,000. The attached Resolution will allocate $35,000 from General Fund Undesignated Excess Reserves to the General Fund Engineering Account 100-03210- 44032 Contributions/Sponsorship for the Expected Cost Reimbursement to Caltrans.
Environmental Considerations: The proposed maintenance agreement is categorically exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301(c) (Existing Facilities) because it involves the maintenance and minor alteration of an existing public highway involving negligible or no expansion of existing or former use. 75 Council Agenda Report January 23, 2024 Page 2 of 2
Policy Implications: The City’s participation in paying the fair share costs will strengthen the relationship with Caltrans and will develop feasible safety measures to address speed limits in the City.
76 Resolution 2024-XXX January 23, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
January 23, 2024
Authorizing Execution of a Cost-Sharing Cooperative Agreement with Caltrans for US 50 Road Safety Audit and appropriating $35,000 from General Fund Undesignated Excess Reserves to Engineering Account 100-03210-44032
BACKGROUND
A. On June 20, 2023, the City conducted a Public Hearing regarding the proposed speed limit increases along US 50 from 0.05 miles east of Hopi Avenue in Meyers to the Nevada state line and on US 89 from the 50/89 intersection at the “Y” to Cathedral Road.
B. The City Council adopted Resolution 2023-061 opposing the recommendations for increasing the speed limits and requesting the Department of Transportation to initiate a corridor study to include traffic calming measures and multi-modal mobility enhancements in cooperation with the City of South Lake Tahoe, for the US 50 and 89 corridors, consistent with the City’s 2023- 2028 adopted Strategic Plan and other goals and vision for the corridor.
C. As a first step for the Corridor study, Caltrans agreed to conduct a Road Safety Audit to develop shortterm recommendations for safety upgrades and managing the traffic speeds along the proposed corridor.
D. Caltrans is now requesting a Cooperative Agreement for City’s portion of the study cost.
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 sign a Cooperative Agreement with the California Department of Transportation, which is attached hereto as Exhibit “A.”
2. Authorizes the appropriation of $35,000 from General Fund Undesignated Excess Reserves to Engineering Account 100-03210-44032 for reimbursement costs to Caltrans.
Adopted by the City of South Lake Tahoe City Council on January 23, 2024, by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
77 Resolution 2024-XXX January 23, 2024 Page 2 of 2
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
78 03-ED-50-0.00/80.40
EA: 0H520
Project Number: 0315000202
Agreement 03 - 0830
Local Contribution Agreement 2012_08_06 Page 1 of 7
COOPERATIVE AGREEMENT
Local Contribution Only
This AGREEMENT, effective on and effective from ________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of South Lake Tahoe, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.
2. The term AGREEMENT, as used herein, includes this document and any associated attachments, exhibits, and amendments.
3. For the purpose of this AGREEMENT, safety audit on US 50 and SR 89, within the city limits of City of South Lake Tahoe will be referred to hereinafter as PROJECT.
This description only serves to identify the PROJECT. The project scope of work is defined in the appropriate authorizing documents per the Project Development Procedures Manual.
4. CITY will contribute an amount of $35,000 to the PROJECT. Contributed funds will be used for the PROJECT.
5. PARTIES agree that funds will be contributed to the following PROJECT COMPONENTS:
o CONSTRUCTION SUPPORT
6. PARTIES hereby set forth the terms, covenants, and conditions for CITY's contribution toward the PROJECT.
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ROLES AND RESPONSIBILITIES
7. CALTRANS is the SPONSOR and IMPLEMENTING AGENCY for the PROJECT.
8. CITY is a FUNDING PARTY contributing a fixed amount toward the PROJECT as shown in the FUNDING TABLE.
9. CALTRANS is responsible for completing all work for the PROJECT.
GENERAL CONDITIONS
10. All portions of this AGREEMENT, including the Recitals Section, are enforceable.
11. All obligations of CALTRANS under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission.
12. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation.
PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the work and fulfillment of obligations in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the work continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 80 Agreement 03 - 0830
Local Contribution Agreement 2012_08_06 (created 11/07/23) Page 3 of 7
13. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate.
The Program Functional Rate and Administration Rate are adjusted periodically.
14. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
15. This AGREEMENT is intended to be PARTIES’ final expression and supersedes any oral understanding or writings pertaining to PROJECT.
INVOICE AND PAYMENT
16. CITY will contribute the funds listed below:
FUNDING TABLE
Fund
Source
Fund
Type
Project
Component Amount
LOCAL Local Construction Support $35,000
Total Funds $35,000
17. CALTRANS will invoice CITY for a lump sum (single payment), as a fixed cost, after execution of this AGREEMENT.
81 Agreement 03 - 0830
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18. CITY will pay the invoiced amount within forty-five (45) calendar days of receipt of the invoice unless CITY is paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay the invoiced amount within five (5) calendar days of receipt of the invoice.
19. If CITY has received Electronic Funds Transfer (EFT) certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
20. This AGREEMENT will terminate upon CALTRANS’ receipt of the PROJECT funds. However, all indemnification and final accounting articles will remain in effect until terminated or modified in writing by mutual agreement.
DEFINITIONS
FUNDING PARTY – A PARTY who commits a defined dollar amount to the PROJECT.
IMPLEMENTING AGENCY – The party responsible for managing the scope, cost, and schedule of a project component to ensure the completion of that component.
PARTY – An individual signatory agency in this AGREEMENT.
PARTIES – The term that collectively references all of the signatory agencies to this AGREEMENT.
SPONSOR – The PARTY that accepts the obligation to secure financial resources to fully fund PROJECT. This includes any additional funds beyond those committed in this AGREEMENT necessary to complete the full scope of PROJECT.
PROJECT COMPONENT – A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, Section 14529(b). PID (Project Initiation Document) – The activities required to deliver the project initiation document for the PROJECT.
PA&ED (Project Approval and Environmental Document) – The activities required to deliver the project approval and environmental documentation for the PROJECT.
82 Agreement 03 - 0830
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R/W (Right of Way) CAPITAL – The funds for acquisition of property rights for the PROJECT.
CONSTRUCTION SUPPORT – The activities required for the administration, acceptance, and final documentation of the construction contract for the PROJECT.
CONSTRUCTION CAPITAL – The construction contract funds for the PROJECT.
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CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
The primary AGREEMENT contact person for CALTRANS is:
Berhane Tesfagabr, Project Manager
703 B Street
Marysville, CA 95901
Office Phone: (916) 869-7335
Email: [email protected]
The primary AGREEMENT contact person for CITY is:
Joseph D. Irvin, City Manager
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Office Phone: (530) 542-6043
Email: Email Address [email protected]
84 Agreement 03 - 0830
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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
Greg Wong
Deputy District Director, D3 Program,
Project and Asset Management
Verification of funds and authority:
District Project Control Officer
Certified as to financial terms and
policies:
Nadine Karavan
HQ Accounting Supervisor
CITY OF SOUTH LAKE TAHOE
Cody Bass
Mayor
Attest:
Susan Blankenship
City Clerk
Approved as to form and procedure:
Heather Stroud
City Attorney
85 Resolution 2023-061
June 20, 2023 Page 1 of 2
Resolution 2023-061
Adopted by the City of South Lake Tahoe
City Council
June 20, 2023
Opposing Caltrans’ Proposed Speed Limit Increase on Sections of US 50 and US 89
BACKGROUND
A. Per the 2020 California Manual for Setting Speed Limits, the California Department of Transportation ( Caltrans) is required to conduct Engineering and Traffic surveys ( E&TS) to post speed limits that are lower than 65 mph or 55 mph on state highways.
B. In late March 2023, Caltrans conducted an E&TS along US 50 from 0.5 miles east of Hopi Avenue in Meyers to the Nevada state line and US 89 from the 50/89 intersection at the “Y” to Cathedral Road.
C. The E&TS recommends increasing the speed limits in the City of South Lake Tahoe along three roadway segments: 1) US 50/89 - North of Kyburz Avenue to North of C Street (Milepost 74.48 -
75.12) from 45 mph to 50 mph; 2) US 50 - North of C Street to North of Blue Lake Ave (Milepost
75.12 - 77.3) from 40 mph to 45 mph; and 3) US 89 - Lake Tahoe Blvd ("Y") to near Pope Beach Entrance ( Milepost 8.56 - 11.0 from 35 mph to 45 mph.
D. In reviewing the E&TS and discussion with Caltrans staff, the City’s Public Works Director/ Traffic Engineer and Police Chief believe that the E&TS is not consistent with the California Manual for Setting Speed Limits (Revised February 2020), in that the Department of Transportation has not but should consider conditions that are not readily apparent to a reasonable driver, including but not limited to: tourists in the areas who are unfamiliar with the roads; adjacent land and facilities that generate a high concentration of bicyclists and pedestrians, including those from vulnerable groups such as children ( South Tahoe Middle School, South Tahoe High School, Boys and Girls Club of Lake Tahoe, and South Lake Tahoe Recreation Center), seniors and persons with disabilities ( South Lake Tahoe Senior Center and numerous bus stops along US 50), and the unhoused ( three transitional housing shelters at Red Lodge, Bears Den, and El Nido); pedestrian and bicycle conflicts with vehicles, narrow bicycle lanes and paths, the presence of permitted shared mobility devices ( electric scooters), black ice, snow conditions, crash rates which are higher than the state average, and other factors.
E. Additionally, increasing the speed limits on the three segments within the City is inconsistent with the legislative intent of Assembly Bill 43, which allows Caltrans and local agencies to consider the safety of vulnerable pedestrian groups and the existence of business and residence districts adjacent to state highways in setting speed limits on state highways. AB 43 became effective on January 1, 2022, and established a prima facie speed limit of 25 miles per hour in business districts on state highways with certain exceptions, per California Vehicle Code section 22352. Most if not all of US 50 and 89 within City limits qualify as a “business district” under California Vehicle Code section 235. While the City and Caltrans have not yet taken steps to reduce the speed limit under AB 43, and the City is not authorized to do so until June 30, 2024, City staff believes that portions of US 50 and 89 through South Lake Tahoe should be considered and would qualify for a speed reduction under AB 43.
F. The proposed increase in speed limits based on 85-percentile speed is not consistent with the National Transportation Safety Board (NTSB) conclusions that unintended consequences of 86 Resolution 2023-061
June 20, 2023 Page 2 of 2
setting the speed limit based on 85-pecentile speed “ include higher operating speeds and new, higher 85th percentile speeds in the speed zones, and an increase in operating speeds outside the speed zones.” In fact, Caltrans increased the speed limit by 5mph on segments of US 50 in 2012 based on an 85th percentile speed, which segments are now proposed to be increased by 5mph again based on the 2023 85th percentile speed, which supports this NTSB conclusion about unintended consequences. Further, the NTSB concludes there is not strong evidence that the 85th percentile speed within a given traffic flow equates to the speed with the lowest crash involvement rate for all road types.
G. The proposed increase in speed limits is inconsistent with the City’s forthcoming US 50 corridor planning effort and Caltrans’ forthcoming US 50 Safety Project.
H. On June 20, 2023, the City Council held a public hearing on Caltrans’ proposed speed limit increase pursuant to California Vehicle Code section 22354.5.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Opposes the Department of Transportation recommendations for increasing the speed limits on segments of US 50, US 89, and US 50/89 in the City of South Lake Tahoe.
2. Requests the Department of Transportation to initiate a corridor study to include traffic calming measures and multi-modal mobility enhancements, in cooperation with City of South Lake Tahoe, for the US 50 and 89 corridors, consistent with the City’s 2023- 2028 adopted Strategic Plan, and other goals and vision for the corridor.
3. Directs the City Clerk to remit this Resolution and the Minutes from the associated public hearing to Caltrans District 3 Department of Safety no later than July 7, 2023.
Adopted by the City of South Lake Tahoe City Council on June 20, 2023, by the following vote:
Yes: Bass, Creegan, Friedrich, Robbins and Wallace
Date: _________
Cristi Creegan, Mayor
Attest:
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
Sue Blankenship ( Jun 21, 2023 11:23 PDT)
Cristi Creegan ( Jun 21, 2023 12:12 PDT)
Cristi Creegan Jun 21, 2023
87 Res 2023-061 US 50-89 Speed Survey
Final Audit Report 2023- 06-21
Created: 2023- 06-21
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAA95qjacEYZhWx1u1z92PmvI3Q6P8NDBTA Res 2023-061 US 50-89 Speed Survey" History
Document created by jo Mcdonough ([email protected]) 2023- 06- 21 - 6:06:49 PM GMT- IP address: 128. 92.136. 146 Document emailed to Sue Blankenship ([email protected]) for signature 2023- 06- 21 - 6:07:28 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2023- 06- 21 - 6:23:37 PM GMT- IP address: 104. 47.64.254 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023- 06-21 - 6:23:50 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to [email protected] for signature 2023- 06- 21 - 6:23:51 PM GMT
Email viewed by [email protected]
2023- 06- 21 - 7:10:40 PM GMT- IP address: 47.25.118. 95 Signer [email protected] entered name at signing as Cristi Creegan 2023- 06- 21 - 7:12:02 PM GMT- IP address: 47.25.118. 95 Document e-signed by Cristi Creegan ([email protected]) Signature Date: 2023- 06-21 - 7:12:04 PM GMT - Time Source: server- IP address: 47.25.118. 95 Agreement completed.
2023- 06- 21 - 7:12:04 PM GMT
88 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:7
Agenda Item: Appropriation of $112,250 for Amended Purchase Price for Zaugg Snow Blowers Executive Summary: On March 14, 2023, The City Council authorized the purchase of two (2) Zaugg Rolba 3000 Snow Blowers for a total of $1,200,212 from Hardline Equipment based on Emergency Purchase Sole-source Justification for Specialized Equipment, per City SLTCC § 3.45.070, and approving related Fiscal Year 2022-2023 budget amendments. The purchase price was quoted based on Swiss Francs at the time of order. However, due to the exchange rate, there is an increase in the price due to fluctuation in the exchange rate for this foreign-built specialized snow removal equipment. The original price for the equipment that is manufactured in Switzerland has increased from $600,106 each for a total of $1,200,212 to $656,230 each for a total of $1,312,460.70. This change would require an amendment to the FY 2024 budget by appropriating an additional $112,250 into account 208-03610- 46110 from Fund 208 Snow Removal Equipment Replacement available fund balance.
Requested Action / Suggested Motions: Pass a Resolution amending the purchase price for two Zaugg Rolba 3000 Snow Blowers from a total of $1,200,212 to a total of $1,312,460.70 and appropriating $112,250 from Fund 208 Snow Removal Equipment Replacement Available Fund Balance.
Responsible Staff Member: Anush Nejad, Director of Public Works, and Phil Harwood, Fleet Maintenance Manager
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report-Zaugg Snow Blowers.docx
02-Hardline Original Quotes.pdf
03-Reso No 2023-025 - Purchase of Snow Removal Equipment.pdf 04 - Hardline Revised Invoice.pdf
05-Resolution-Zaugg Snow Blower Pricing Change.docx
89 Council Agenda Report January 23, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 23, 2024
Title: Amendment to Purchase Price for Zaugg Snow Blowers Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Works, and Phil Harwood, Fleet Supervisor
Background: On March 14, 2023, the City Council authorized the purchase of two (2) Zaugg Rolba 3000 Snow Blowers for a total of $1,200,212 from Hardline Equipment based on Emergency Purchase Sole-source Justification for Specialized Equipment, per City SLTCC §
3.45.070, and approving related Fiscal Year 2022-2023 budget amendments (Attachments 02 and 03). The purchase price was quoted based on Swiss Francs at the time of order, as stated in the price quote. However, due to the exchange rate, there is an increase in the price due to fluctuation in the rate for this foreign-built specialized snow removal equipment.
Issue and Discussion: The original price for the equipment manufactured in Switzerland has increased from $600,106 each for a total of $1,200,212 to $656,230 each for a total of $1,312,460.70 (Attachment 04). This change would require an amendment to the FY 2024 budget by appropriating an additional $112,250 into account 208-03610-46110 from Fund 208 Snow Removal Equipment Replacement available fund balance.
Financial Implications: The total increase in price for two snow blowers is $112,250. This amount is available for appropriations from Fund 208 Snow Removal Equipment fund balance from the interest earnings on the $2.7 million loan proceeds, as well as other additional interest earnings in FY 2023. No funding from other funds is necessary (such as Measure S or General Fund).
Environmental Considerations: This purchase is not a "project" subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies).
Policy Implications: The equipment purchase will improve the City's Snow Operational Plan.
The vehicle was purchased through a Cooperative Purchasing Contract and under the public exigency Sole Source option. City Code Section 3.45.090 allows for Cooperative Purchasing:
"Where another governmental agency performs a solicitation and/or bid process for the City and/or multiple agencies or jurisdictions, and where the purchase of materials, supplies, and equipment is based on an agreement or cooperative purchasing program pursuant to authority granted by statute or ordinance, pursuant to a contractual arrangement between the City and said the governmental agency, or pursuant to a determination by the city manager that the governmental agency conducted a competitive bidding process, the City may purchase materials, 90 Council Agenda Report January 23, 2024 Page 2 of 2
supplies and equipment based upon the governmental agency's solicitation and/or bid process without complying with the bidding requirements of this chapter. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-8)".
91 92
Proposal
Date
2/23/2023
No.
3284
Name / Address
City of South Lake Tahoe
Phil Harwood
Ship To
Po Box 39
Henderson, Co. 80640
P.O. No. Rep
RL
VIN # Body Model #
3004
Body S/N #
Total
Phone: 303-288-8989
Fax: 303-288-8787
www.hardlineequipment.com
Proposal Valid For 30 Days From Proposal Date
Item Qty U/M Description Rate Amount
Snow & Ice ZAUGG-Rolba R3000_5 tractor
6 Cylinder 4 stroke Diesel engine
Turbo charged with Intercooler
433 kW / 589 HP
Make: Cummins, Type X15
Exhaust emission: EuroMot stage V
-Battery main switch
-Rear fog light
-24/12V Converter
-Onboard tools
-Hinged motor cover
-wheelbase 2900mm
-Joystick operation
Painting:
Cabin and engine housing (standard): RAL 2011
orange
Cabin- and engine housing frame: RAL 9006 white
aluminum
Chassis (under waterline) and dashboard : RAL
7016 anthrazit-grey
Zulassung USA R3000
Hydraulic controls by Joystick w/ cabin lift 700mm
R3000
1 ea 508,321.00 508,321.00
93 Proposal
Date
2/23/2023
No.
3284
Name / Address
City of South Lake Tahoe
Phil Harwood
Ship To
Po Box 39
Henderson, Co. 80640
P.O. No. Rep
RL
VIN # Body Model #
3004
Body S/N #
Total
Phone: 303-288-8989
Fax: 303-288-8787
www.hardlineequipment.com
Proposal Valid For 30 Days From Proposal Date
Item Qty U/M Description Rate Amount
Spare wheel large winter tires -
385/65 R 22.5
Snow chains Alligator Plus
for tires 365/80 R20
Driver's seat with 3-point harness,
with air suspension by compressor.
-Backrest tilt adjustment
-Lumbar support mechanically
-Longitudinal horizontal suspension lockable
-Longitudinal adjustment 160 mm
-Height adjustment 60 mm stepless (air assisted
-Automatic weight adjustment (50-130kg)
-Air suspension travel 100 mm
-Low frequency suspension
-Adjustable damper
-Covering material fabric
-adjustable in height and inclination
-Armrests A 80 mm x 380 mm.
Passenger seat without suspension
- 2nd rotating beacon LED on cabin roof
- Additional 2 working lights LED on cabin roof
- Rear working light LED
- Exterior mirrors, heated and electric adjustable
24V
- Curbstone mirror left
- NATO socket incl. retainer
- Start assistance cable NATO, 5 m
- Battery charger
94 Proposal
Date
2/23/2023
No.
3284
Name / Address
City of South Lake Tahoe
Phil Harwood
Ship To
Po Box 39
Henderson, Co. 80640
P.O. No. Rep
RL
VIN # Body Model #
3004
Body S/N #
Total
Phone: 303-288-8989
Fax: 303-288-8787
www.hardlineequipment.com
Proposal Valid For 30 Days From Proposal Date
Item Qty U/M Description Rate Amount
- Murphy Cummins control unit
- Rearview camera complete
with heated camera lens, cable and monitor
- Chute AK600-2 mounted on high support,
with direct ejection
by turnable impeller housing left and right.
- Snow Blower with standard cutters without side
wings.
- Overload safety device for impeller
instead of standard execution with shear bolts
- Overload safety device for cutter drums
instead of standard execution with shear bolts
- Steel cutting edge 2440
- Curbstone deflector kit
- Hydraulic upper link for front tilting of blower
head
- Lateral inclination hydraulic Rolba
- Snow cutter blade right
necessary for full-width cutting at pass opening
- Snow cutter blade left
necessary for full-width cutting at pass opening
- Auger monitoring with signal lamp
95 Proposal
Date
2/23/2023
No.
3284
Name / Address
City of South Lake Tahoe
Phil Harwood
Ship To
Po Box 39
Henderson, Co. 80640
P.O. No. Rep
RL
VIN # Body Model #
3004
Body S/N #
Total
Phone: 303-288-8989
Fax: 303-288-8787
www.hardlineequipment.com
Proposal Valid For 30 Days From Proposal Date
Item Qty U/M Description Rate Amount
Snow & Ice External preheating 0 ea 2,750.00 0.00
Snow & Ice 1 ea Automatic central lubrication R3000 13,500.00 13,500.00 Snow & Ice Headlight, Turn Signal, Positions light on blower head - ADD $4,500.00
1 ea 0.00 0.00
Pricing subject to change with any fluctuation in
exchange rates - Pricing figured at 1.00 CHF / 1.07
USD on 2/23/23
Freight and Han... Freight and Handling Switzerland direct to South Lake Tahoe (ESTIMATED)
30,000.00 30,000.00
Sales Tax 0.00% 0.00
Thank you for your business. Sales Tax Notice: Hardline Equipment LLC will be collecting all Sales Taxes due unless Buyer provides exemption documentation acceptable to your jurisdiction. This includes, but not limited to, all affiliated Nexus interstate Sales Taxes for your specific state and jurisdiction. This is subject to change. If Sales Tax is not presented on this document Hardline Equipment reserves the right to collect and remit sales taxes to comply with your state and jurisdiction regulations. By receiving this document, you agree to the collection of Sales Taxes.
$551,821.00
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
Resolution 2023-025 March 14, 2023 Page 1 of 2
Resolution 2023-025
Adopted by the City of South Lake Tahoe
City Council
March 14, 2023
Authorizing 1) purchase of one (1) Trackless Snow Blower for Parks Maintenance for 167,680. 54, from Shafer Equipment Company, Inc. of Sparks, NV through Houston Galveston Area Council ( HGAC) Cooperative Agreement, 2) ordering of four (4) John Deer Graders for $2,168,360.76, from Pape Machinery, of Sparks, NV, through Sourcewell Cooperative Agreement; 3) ordering of two (2) Zaugg Rolba 3000 Snow Blowers for a total of $1,200,212 from Hardline Equipment of Henderson, CO, based on Emergency Purchase Sole- source Justification for Specialized Equipment, per City SLTCC § 3.45.070, and approving Fiscal Year 2022-2023 budget amendments
BACKGROUND
A. Snow Operations is one of the Core Services of the City of South Lake Tahoe.
B. The City currently have an aging equipment that is subject to continuous breakdown and repair. The equipment breakdown and repairs impede City’s goal to meet the expected 12-hour snow clearance goals.
C. To improve the level of services for snow operations to residents and visitors of South Lake, Tahoe, additional equipment is needed. The equipment will be used by the Streets and Parks Maintenance staff to improve snow operations.
D. Funding for the purchase of the equipment will be secured through existing unallocated Snow Removal equipment 208 Fund Balance, in the amount of $300,000; Unencumbered Fund 208 budget in the amount of $103,500; Unencumbered Fund 210 Budget in the amount of $189,577; and Measure S” Funds in the amount of $243,177.30. The balance of the funding in the amount of $2,700,000 will be financed.
E. The financing of $2,700,000 and final budget amendments will be considered by the City County at a future date.
F. This additional equipment is essential for the streets and parks maintenance divisions to improve the level of services for the residents and visitors.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Does hereby authorize the purchase of one (1) Trackless Snow Blower for Parks Maintenance for 167,680.54, including sales tax and freight, from Shafer Equipment Company, Inc. of Sparks, NV through Houston Galveston Area Council ( HGAC) Cooperative Agreement.
2. Does hereby authorize ordering four (4) John Deer Graders at $542,090.19 each for a total of 2,168,360.76, including sales tax and freight, from Pape Machinery, of Sparks, NV, through Sourcewell Cooperative Agreement.
115
Resolution 2023-025 March 14, 2023 Page 2 of 2
3. Does hereby authorize the ordering two (2) Zaugg Rolba 3000 Snow Blowers at $600,106 each for a total of $1,200,212, including sales tax and freight, from Hardline Equipment of Henderson, CO, based on Emergency Purchase sole-source justification for specialized equipment.
4. Does hereby authorize the following budget amendments to Fiscal year 2022- 2023 budget:
Adopted by the City of South Lake Tahoe City Council on March 14, 2023 by the following vote:
Yes: Bass, Creegan, Friedrich, Robbins and Wallace
Date:_________
Cristi Creegan, Mayor
Attest:
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
REVENUE EXPENSE
Fund/ Account Description ( Increase)/ Decrease Increase/( Decrease) Measure S and Vehicle Replacement Fund 210
210- 03010- 36374 Reduce transfer in from Measure S 189,577 210- 03010- 46130 Reduce expenditures in Vehicles ( 189,577) 102- 01511- 50004 Reduce transfer out to Vehicle Replacement ( 189,577) Measure S and Snow Removal Equipment Fund 208
208- 03610- 36374 Increase transfer in from Measure S ( 189,577) 208- 03610- 36374 Increase transfer in from Measure S (additional)( 243,177) 208- 03610- 46110 Increase expenditures in Machinery and Equipment 189,577 208- 03610- 46110 Increase expenditures in Machinery and Equipment ( additional) 243,177 208- 03610- 46110 Increase expenditures from avail. Fund balance 300,000 102- 01511- 50058 Increase transfer out to Snow Removal Equipment 189,577 Sue Blankenship ( Mar 15, 2023 13: 32 PDT)
Cristi Creegan (Mar 16, 2023 15:33 PDT)
Cristi Creegan Mar 16, 2023
116
Res 2023-025 Snow Removal Equipment
Final Audit Report 2023- 03-16
Created: 2023- 03-15
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAA7dRHZ0rpBt3XsZhNpl- bVYmq6wWYUlYM Res 2023-025 Snow Removal Equipment" History
Document created by jo Mcdonough ([email protected]) 2023- 03- 15 - 7:21:21 PM GMT- IP address: 128. 92.136. 146 Document emailed to Sue Blankenship ([email protected]) for signature 2023- 03- 15 - 7:22:02 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2023- 03- 15 - 8:31:47 PM GMT- IP address: 104. 47.64.254 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023- 03-15 - 8:32:06 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to [email protected] for signature 2023- 03- 15 - 8:32:07 PM GMT
Email viewed by [email protected]
2023- 03- 16 - 10:33:41 PM GMT- IP address: 47.25.118. 95 Signer [email protected] entered name at signing as Cristi Creegan 2023- 03- 16 - 10:33:55 PM GMT- IP address: 47.25.118. 95 Document e-signed by Cristi Creegan ([email protected]) Signature Date: 2023- 03-16 - 10:33:57 PM GMT - Time Source: server- IP address: 47.25.118. 95 Agreement completed.
2023- 03- 16 - 10:33:57 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. 117
Invoice
Date
1/2/2024
Invoice #
42207790
Bill To
City of South Lake Tahoe
1700 D St
South Lake Tahoe, CA 96150
Ship To
City of South Lake Tahoe
1700 D St
South Lake Tahoe, CA 96150
Po Box 39
Henderson, Co. 80640
P.O. Number
12672
Terms
Net 30
Due Date
2/1/2024
Rep
RL
VIN # Body Model #
3005
Body S/N #
Phone: 303-288-8989
Fax: 303-288-8787
www.hardlineequipment.com
Print:_______________________
Sign:_______________________ Date:____________
Item Code Quantity U/M Description Price Each Amount
Freight and Han... Zaugg Rolba 3000_5 Tractor
6 Cylinder 4 stroke Diesel engine
Turbo charged with Intercooler
433 kW / 589 HP
Make: Cummins, Type X15
Exhaust emission: EuroMot stage V
-Battery main switch
-Rear fog light
-24/12V Converter
-Onboard tools
-Hinged motor cover
-wheelbase 2900mm
-Joystick operation
Painting:
Cabin and engine housing (standard): RAL 2011
orange
Cabin- and engine housing frame: RAL 9006 white
aluminum
Chassis (under waterline) and dashboard : RAL
7016 anthrazit-grey
Zulassung USA R3000
Hydraulic controls by Joystick w/ cabin lift 700mm
2 562,454.00 1,124,908.00
118
Invoice
Date
1/2/2024
Invoice #
42207790
Bill To
City of South Lake Tahoe
1700 D St
South Lake Tahoe, CA 96150
Ship To
City of South Lake Tahoe
1700 D St
South Lake Tahoe, CA 96150
Po Box 39
Henderson, Co. 80640
P.O. Number
12672
Terms
Net 30
Due Date
2/1/2024
Rep
RL
VIN # Body Model #
3005
Body S/N #
Phone: 303-288-8989
Fax: 303-288-8787
www.hardlineequipment.com
Print:_______________________
Sign:_______________________ Date:____________
Item Code Quantity U/M Description Price Each Amount
R3000
Spare wheel large winter tires -
385/65 R 22.5
Snow chains Alligator Plus
for tires 365/80 R20
Driver's seat with 3-point harness,
with air suspension by compressor.
-Backrest tilt adjustment
-Lumbar support mechanically
-Longitudinal horizontal suspension lockable
-Longitudinal adjustment 160 mm
-Height adjustment 60 mm stepless (air assisted
-Automatic weight adjustment (50-130kg)
-Air suspension travel 100 mm
-Low frequency suspension
-Adjustable damper
-Covering material fabric
-adjustable in height and inclination
-Armrests A 80 mm x 380 mm.
Passenger seat without suspension
- 2nd rotating beacon LED on cabin roof
- Additional 2 working lights LED on cabin roof
- Rear working light LED
- Exterior mirrors, heated and electric adjustable
119
Invoice
Date
1/2/2024
Invoice #
42207790
Bill To
City of South Lake Tahoe
1700 D St
South Lake Tahoe, CA 96150
Ship To
City of South Lake Tahoe
1700 D St
South Lake Tahoe, CA 96150
Po Box 39
Henderson, Co. 80640
P.O. Number
12672
Terms
Net 30
Due Date
2/1/2024
Rep
RL
VIN # Body Model #
3005
Body S/N #
Phone: 303-288-8989
Fax: 303-288-8787
www.hardlineequipment.com
Print:_______________________
Sign:_______________________ Date:____________
Item Code Quantity U/M Description Price Each Amount
24V
- Curbstone mirror left
- NATO socket incl. retainer
- Start assistance cable NATO, 5 m
- Battery charger
- Murphy Cummins control unit
- Rearview camera complete
with heated camera lens, cable and monitor
- Chute AK600-2 mounted on high support,
with direct ejection
by turnable impeller housing left and right.
- Snow Blower with standard cutters without side
wings.
- Overload safety device for impeller
instead of standard execution with shear bolts
- Overload safety device for cutter drums
instead of standard execution with shear bolts
- Steel cutting edge 2440
- Curbstone deflector kit
- Hydraulic upper link for front tilting of blower
head
- Lateral inclination hydraulic Rolba
- Snow cutter blade right
necessary for full-width cutting at pass opening
- Snow cutter blade left
necessary for full-width cutting at pass opening
- Auger monitoring with signal lamp
120
Invoice
Date
1/2/2024
Invoice #
42207790
Bill To
City of South Lake Tahoe
1700 D St
South Lake Tahoe, CA 96150
Ship To
City of South Lake Tahoe
1700 D St
South Lake Tahoe, CA 96150
Po Box 39
Henderson, Co. 80640
P.O. Number
12672
Terms
Net 30
Due Date
2/1/2024
Rep
RL
VIN # Body Model #
3005
Body S/N #
Phone: 303-288-8989
Fax: 303-288-8787
www.hardlineequipment.com
Print:_______________________
Sign:_______________________ Date:____________
Item Code Quantity U/M Description Price Each Amount
Snow & Ice 2 ea Automatic central lubrication R3000 13,390.00 26,780.00 Pricing subject to change with any fluctuation in
exchange rates - Pricing figured at 1.00 CHF / 1.07
USD on 2/23/23
Subtotal 1,151,688.00
Freight and Han... Freight and Handling Switzerland direct to South Lake Tahoe
2 30,000.00 60,000.00
Thank you for your business. Sales Tax Notice: Hardline Equipment LLC will be collecting all Sales Taxes due unless Buyer provides exemption documentation acceptable to your jurisdiction. This includes, but not limited to, all affiliated Nexus interstate Sales Taxes for your specific state and jurisdiction. This is subject to change. If Sales Tax is not presented on this document Hardline Equipment reserves the right to collect and remit sales taxes to comply with your state and jurisdiction regulations. By receiving this document, you agree to the collection of Sales Taxes.
Total $1,312,460.70
Balance Due $1,312,460.70
Subtotal $1,211,688.00
Sales Tax (8.75%) $100,772.70
Payments/Credits $0.00
121
Resolution 2024-XXX January 23, 2024 Page 1 of 1
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
January 23, 2024
Authorizing a price increase for the purchase of (2) Zaugg Rolba 3000 Snow Blowers from $1,200,212 to $1,312,460.70 and appropriating $112,250 into Account 208-03610- 46110 from Fund 208 Snow Removal Equipment Replacement Fund Balance
BACKGROUND
A. On March 14, 2023, the City Council authorized the purchase of two (2) Zaugg Rolba 3000 Snow Blowers (Resolution 2023-025) for a total of $1,200,212 from Hardline Equipment based on Emergency Purchase Sole-source Justification for Specialized Equipment, per City SLTCC § 3.45.070, and approving related Fiscal Year 2022-2023 budget amendments.
B. The original price for the equipment manufactured in Switzerland has increased from $600,106 each for a total of $1,200,212 to $656,230 each for a total of $1,312,460.70.
C. This change would require an amendment to the FY 2024 budget by appropriating an additional $112,250.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Does hereby authorize the following budget amendments to Fiscal year 2024 budget by appropriating an additional $112,250 into account 208-03610-46110 from Fund 208 Snow Removal Equipment Replacement available fund balance.
Adopted by the City of South Lake Tahoe City Council on January 23, 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.
122
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:8
Agenda Item: Request to Apply to Host a CivicSpark Fellow for 2024-25 and Appropriating Budget
Executive Summary: Council has set the priority of continuing the City's participation in the state's CivicSpark program as a way to increase capacity toward achieving sustainability goals. This item authorizes staff to apply as a site host with CivicSpark, and to move forward with the process of bringing on a Fellow for the next service year which begins in late summer.
Requested Action / Suggested Motions: (1) Pass a Motion authorizing staff to apply as a site host for the CivicSpark program year 2024-25, and (2) Pass a Resolution appropriating $31,000 from available General Fund Undesignated Excess Reserves.
Responsible Staff Member: Sara Letton, Sustainability Coordinator Reviewed and Approved By: Sue Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Request to Apply to Host CivicSpark Fellow.docx 02 - Resolution Appropriating Budget for CivicSpark Fellow.docx 123
Council Agenda Report- January 23, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 23, 2024
Title: Request to Apply to Host a CivicSpark Fellow for 2024 - 2025 Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator Background: According to the program site, CivicSpark Fellows “assist in building local government capacity to respond to community resilience needs such as climate change, water management, affordable housing, and mobility by completing projects on topics including sustainable transportation, energy efficiency, sea level rise, affordable housing, implementation of climate action plans, water efficiency, and GHG inventory and benchmarks.” Since 2018, City Council has approved funding for four CivicSpark Fellows for 11-month commitments to assist the City with climate planning and sustainability measures. The first two Fellows worked September 2018 – August 2020, the third was September 2020 to August 2021, the fourth was September 2021 – August 2022, and the City is currently hosting a Fellow whose service concludes in August 2024. There was no Fellow during 2022 – 2023. Fellows have worked in partnership with the Sierra Nevada Alliance, the South Lake Tahoe 100% Renewable Committee and the City of South Lake Tahoe. Previous Fellows have conducted the City’s 2015 and 2018 greenhouse gas (GHG) inventories, developed the Climate Action Plan, facilitated the Solar Energy and Economic Development (SEED) Fund project, amongst other sustainability and climate planning measures. Additionally, in October 2020, council unanimously approved the adoption of the City’s first Climate Action Plan, which was developed by CivicSpark Fellows. The City’s CivicSpark Fellow was lead author on the EV Charger Siting Plan, adopted in April 2022, as well as the 2018 Inventory Report Update. The City’s current Fellow is conducting an audit of the City’s airport solar project and is helping to revise the fleet transition plan.
Issue and Discussion: On April 18, 2017, the City Council of the City of South Lake Tahoe adopted Resolution No. 2017-26 establishing renewable energy and carbon emission reduction goals for South Lake Tahoe. The goals established include the City moving toward 100% renewable energy by the year 2032, including 50% municipal renewable energy by 2025, reduction of community greenhouse gas (GHG) emissions by at least 80% by 2040, including a reduction of at least 50% by 2030.
On December 7, 2021 the City adopted a Resolution No 2021-104 to aspire toward citywide 100 percent renewable, carbon-free electricity, 24/7 by 2030. On June 21, 2022 the City adopted Resolution No. 2022-088 establishing a science-based target for greenhouse gas emissions reduction by 2030, a 59.2% reduction from 2018 levels by 2030. 124
Council Agenda Report- January 23, 2024 Page 2 of 2
With demonstrated value provided by CivicSpark Fellows, and now with plenty of plans and goals in place, the City hired a Sustainability Coordinator in February 2022 to focus on implementation for greenhouse gas emissions reductions projects. With the urgency of our 2025 and 2030 goals in mind, re-investing in the CivicSpark Fellow Program will expand City capacity towards reaching its renewable energy and emissions reduction commitments.
The site host application process for the 2024-2025 service year will open on January 18, 2024.
This item is before City Council to confirm Council support in order to move forward with applying for another year of the CivicSpark Program, housed in the City Manager’s Department, with dayto-day supervision by the Sustainability Coordinator. Projects to propose in an application could include: efficiency and renewable energy, sustainable transportation, and/or waste reduction.
Financial Implications: The exact cost of a CivicSpark Fellow for an 11-month commitment is $31,000. The accompanying resolution amends Fiscal Year 2023-2024 budget by appropriating this amount from available General Fund Undesignated Excess Reserves into account 100- 01951-42020.
Environmental Considerations: This action is not a project requiring review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative activities such as personnel-related actions).
Policy Implications:
Climate policies:
Increasing City organizational capacity could be a significant step toward implementing the City’s Climate Action Plan and achieving municipal and citywide greenhouse gas reduction goals (59.2% below 2018 levels by 2030, via Resolution 2022-088). It will add capacity toward achieving 2023 - 2028 Strategic Priority 1.5.1: Continue to support the position of a CivicSpark Fellow to facilitate the implementation of the City Climate Action Plan in coordination with community partners. 125
Resolution 2024-XXX January 23, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
January 23, 2024
Amending the Adopted 2023-2024 Budget and appropriating $31,000 from General Fund Undesignated Excess Reserves for the purpose of funding a CivicSpark Fellow for an 11-month term starting August 2024
BACKGROUND
A. On April 18, 2017, the City Council of the City of South Lake Tahoe adopted Resolution No. 2017-26 establishing renewable energy and carbon emission reduction goals for South Lake Tahoe and the desire for a greenhouse gas inventory every three years.
B. The goals established include the City moving toward 100% renewable energy by the year 2032, including 50% municipal renewable energy by 2025, reduction of community Green House Gas (GHG) emissions by at least 80% by 2040, including a reduction of at least 50% by 2030.
C. In October 2020, Council unanimously approved the adoption of the City’s first Climate Action Plan.
D. On December 7, 2021 the City adopted a resolution to aspire toward Citywide 100 renewable, carbon-free electricity, 24/7 by 2030.
E. On June 21, 2022 the City adopted a Resolution establishing a science-based target for greenhouse gas emissions reduction by 2030.
F. The City needs expanded staff capacity in order coordinate projects that will lead to greenhouse gas emissions reductions. CivicSpark’s mission is to increase capacity for organizations in achieving their climate goals.
G. The 2023 – 2028 Strategic Plan includes 1.5.1: Continue to support the position of a CivicSpark Fellow to facilitate the implementation of the City Climate Action Plan in coordination with community partners.
H. The City of South Lake Tahoe desires to amend the 2023-2024 Fiscal Year Budget to appropriate $31,000 to fund a CivicSpark Fellow.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Resolves that the above recitals are true and a substantive part of this resolution. 126
Resolution 2024-XXX January 23, 2024 Page 2 of 2
2. Appropriates $31,000 from available General Fund Undesignated Excess Reserves to account number 100-01951-42020.
Adopted by the City of South Lake Tahoe City Council on January 23, 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.
127
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:9
Agenda Item: Amendments to Cannabis Ordinance, Public Safety License Ordinance, and Clean Indoor Air Act Ordinance Allowing On-Site Consumption and Curbside Delivery, and Regarding Medicinal Delivery and Removal of Outdated Provisions Regarding Development Agreements and Existing Medical Marijuana Dispensaries (Second Reading)
Executive Summary: On September 26, 2023, the Planning Commission adopted Resolution No. 2023- 015, recommending that City Council amend the Cannabis Ordinance to allow on-site consumption at permitted retailers and microbusinesses with a retail component. On January 9, 2024, City Council held a first reading of the proposed ordinance and referred second reading and adoption to January 23.
Requested Action / Suggested Motions: Pass an Ordinance Amending 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
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 Second Reading.docx 02 - Ordinance Amending Cannabis Regulations.docx
03-Notice of Public Hearing.pdf
128
City Council Agenda Report- January 23, 2024 Page 1 of 4 City of South Lake Tahoe
Report to City Council
Meeting Date: January 23, 2024
Title: Amendments to Cannabis Ordinance, Public Safety License Ordinance, and Clean Indoor Air Ordinance Allowing On-Site Consumption and Curbside Delivery, and Regarding Medicinal Delivery and Removal of Outdated Provisions Regarding Development Agreements and Existing Medical Marijuana Dispensaries (Second Reading) 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 that City Council amend the Cannabis Ordinance to allow on-site consumption at permitted retailers and microbusinesses with a retail component. On January 9, 2024, City Council held a first reading of Version 1 of the proposed ordinance to allow on-site consumption and referred second reading and adoption to January 23.
Issue and Discussion:
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 129
City Council Agenda Report- January 23, 2024 Page 2 of 4 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 The proposed ordinance includes the following provisions 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
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. 130
City Council Agenda Report- January 23, 2024 Page 3 of 4 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. The proposed ordinance contains 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.
The proposed ordinance removes the development agreement provisions.
Existing Medical Marijuana Dispensaries
Additionally, the proposed ordinance removes 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 adult use regulatory framework as the other cannabis businesses.
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:
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 131
City Council Agenda Report- January 23, 2024 Page 4 of 4 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. 132
Ordinance 2024-XXX January 23, 2024 Page 1 of 30
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. 133
Ordinance 2024-XXX January 23, 2024 Page 2 of 30
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 134
Ordinance 2024-XXX January 23, 2024 Page 3 of 30
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; 135
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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 136
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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, 137
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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. 139
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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. 140
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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 143
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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 148
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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 150
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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 155
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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 159
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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, 161
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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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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:10
Agenda Item:
Tentative Map Extension for 3708 Highway 50 Town Homes Tentative Map, File #23-131 Executive Summary: The City received a request from SLRV Investments, LLC to extend the expiration date of the 3708 Highway 50 Town Homes Tentative Subdivision Map. The Tentative Map for a 14-unit multi-family project was originally approved by the Planning Commission on March 10, 2022, and on April 5, 2022, by the City Council, and expires on April 5, 2024. Pursuant to Government Code § 66452.6(e), the City may grant an extension for a period or periods not exceeding a total of six (6) years.
The proposed multi-family project is currently undergoing plan check by the Building Division and additional time is needed to complete the permitting process.
Requested Action / Suggested Motions: Pass a Resolution granting a 24-month extension for 3708 Highway 50 Town Homes Tentative Subdivision Map.
Responsible Staff Member: Anna Kashuba, Assistant Planner Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Tentative Map Extension.docx
02-Resolution Tentative Map Extension 3708 Highway 50 Town Homes 03-Tentative Map 3708 LTB
04-Resolution 2022-040 Tentative Map 3708 Highway 50
05-Planning Commission Resolution 2023-019 Recommending Tentative Map Extension.pdf 06-Public Notice.pdf
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City Council Agenda Report January 23, 2024 Page 1
City of South Lake Tahoe
Report to City Council
Meeting Date: January 23, 2024
Title: Tentative Map Extension for 3708 Highway 50 Town Homes Tentative Map, File #23-131
Location: 3708 Lake Tahoe Boulevard & 3709 Osgood Avenue (APNs 027-072-032 & 027-072-010)
Responsible Staff Members: Anna Kashuba, Assistant Planner (530-542-7405) Background: On February 10, 2022, Planning Commission approved the issuance of a Major Design Review Permit for a town home project located at 3708 Lake Tahoe Boulevard and 3709 Osgood Avenue (File #21-142). A TRPA Multi-Family Dwelling Permit was also issued to the project at that time. Based on the project’s scope and location, the City acted as the permitting authority for TRPA per the memorandum of understanding (MOU) between the two jurisdictions.
The project, consisting of three buildings with 14 residential units, was brought back to Planning Commission on March 10, 2022, where a recommendation was made that City Council approve a tentative subdivision map joining the two parcels and allowing for the condominiumization of the residential units. On April 5, 2022, City Council approved the tentative subdivision map (Resolution 2022-040, Attachment 04) with an expiration date of April 5, 2024.
The initial life of a Tentative Map is 24 months, and an extension may be granted per Government Code § 66452.6(e). On October 23, 2023, the applicant applied for an extension. By submitting this application, the expiration date is automatically extended 60 days, or until the application is approved or denied. At the December 7, 2023, Planning Commission meeting, commissioners discussed the application and passed Resolution 2023-019 recommending City Council grant a 24-month extension for the 3708 Highway 50 Town Homes Tentative Map pursuant to California Government Code Section § 66452.6(e). This resolution has been provided as Attachment 05 for reference.
Before the expiration of the Tentative Subdivision Map, a Final Map must be submitted and approved, legalizing the parcel merge and subdivision of the residential units. Once the subdivisions are made legal, the units will be single family dwellings and may be occupied by the owner, rented long term (30 days or longer), or rented short term should a unit receive a Vacation Home Rental permit.
Issue and Discussion: The Tentative Map (Attachment 03) will merge the two underlying parcels (APNs 027-072-032 & 027-072-010) into one lot and subdivide the multifamily units into single family condominiums. Although the Subdivision Map Act does not require an applicant to depict the condominiums, the applicant has elected to 165
City Council Agenda Report January 23, 2024 Page 2
show them on the Tentative Map. The 14 units shown on the map depict the proposed footprints of each condominium unit. Area outside of the condominium units are shown as common area. Also included are public utility and emergency access easements where the project driveway is located and a 10’ public access easement along the Lake Tahoe Blvd frontage. The Final Subdivision Map will be accompanied by a condominium plan describing legal boundaries of each airspace unit. The Final Subdivision Map will be reviewed and approved by the City Surveyor prior to approval by the City Council.
The building permit application for this project is currently in plan review. On September 27, 2023, a third round of corrections were sent to the applicant. The City will continue review of the application upon receipt of updated plans addressing the comments from the City Building Division. The applicant is applying for an extension to ensure that the tentative map will be valid throughout the review process and provide sufficient time to submit a Final Map. Staff is recommending a 24-month extension to provide adequate time for the applicant to obtain the necessary permits to commence construction and file a final map.
Subdivisions in the Tahoe Basin also require a permit from TRPA. Subdivisions do not fall under the MOU between TRPA and the City; therefore, the process is independent of the City’s subdivision procedure and is not subject to the California Subdivision Map Act. On May 6, 2022, TRPA issued a conditional subdivision permit (file # SUBD2021- 0929) allowing the parcels to be merged into one and for the approved multifamily structures to be subdivided into air space condominiums. Before acknowledging the TRPA permit and final subdivision recordation, the applicant must submit the Final Map to TRPA staff for approval. This does not affect the City’s timeline or ability to issue extensions under the Subdivision Map Act; however, it may require that the applicant seek an extension from TRPA, as the TRPA conditional permit expires on May 6, 2025.
Findings
The following findings are required by the Subdivision Map Act for approval of a tentative subdivision map. They were previously approved by Planning Commission and City Council and are not a matter of consideration when granting an extension.
They are provided below for reference only.
1. The project is consistent with the General Plan as specified in Government Code Section 65451.
The General Plan directs the City to utilize the Plan Area Statements (PAS), Community Plans, and Area Plans to guide land use policies and address land use issues. The proposed project is located in the Tourist Core Area Plan MixedUse District, where single-family and multi-family residential are allowed uses.
With the approval of the project by the City Planning Commission on February 10, 2022, the proposed uses were determined to be consistent with allowed uses in this area plan.
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City Council Agenda Report January 23, 2024 Page 3
2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
The Tourist Core Mixed-Use District is zoned for higher-density residential development at 25 units per acre. The proposed project includes 14 units on
0.74 acres, which is equal to 19 units per acre. As part of the project approval on February 10, 2022, the Planning Commission made findings that the project design is consistent with the City-Wide Design Standards and the Tourist Core Area Plan Design Standards.
3. The site is physically suitable for the type of development.
With the approval of the project by the City Planning Commission on February 10, 2022, the proposed use was determined to be consistent with The Tourist Core Area Plan policies and standards as well as the City-Wide Design Standard. Moreover, the site is an infill site verified by TRPA to be a suitable for development (i.e., Land Capability District Class 7) and existing utilities (e.g., sewer, water and electricity) are found adjacent to the property.
4. The site is physically suitable for the proposed density of development.
The Tourist Core Mixed-Use District is zoned for higher-density residential development at 25 units per acre. The proposed project includes 14 units on
0.74 acres, which is equal to 19 units per acre.
5. The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
On February 10, 2022 the City Planning Commission made the finding that the project is categorically exempt from CEQA under Section 15332, Class 32, Infill Development, which consists of projects characterized as infill development on 1) parcels less than five acres in size located within the city limits, 2) is consistent with applicable general plan designations, policies and zoning designations, 3) has no value, as habitat for endangered, rare or threatened species, 4) would not result in any significant effects relating to traffic, noise, air quality, or water quality, and 5) is adequately served by all required utilities and public services.
6. The design of the subdivision is not likely to cause serious public health problems.
With compliance with all City, County, State, TRPA, and Federal regulations, the project will not likely cause public health problems. The project must install water quality best management practices, mitigate potential air quality impacts and built to meet all fire and defensible space standards.
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7. The design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
The tentative map submitted by the applicant indicates a public utility and emergency and public access easement.
Environmental Considerations: At the time of its original approval, a Notice of Exemption was filed pursuant to Section 15332, Class 32, which consists of projects characterized as infill development.
Public Notice: Notice of this public hearing was provided to the public by a publication in the Tahoe Tribune on January 12, 2024 and to all property owners within 300 feet of the subject area by mail. No comments have been received as of the date of this report.
Financial Implications: While the extension of the tentative subdivision map does not commit the City to financial obligations, the collection of building permit fees and the subsequent collection of additional property tax associated with the development of this parcel will result in additional revenue for the City. Should any of these units receive vacation home rental permits, they will be subject to the City’s transient occupancy tax.
Policy Implications: The development of the proposed multi-family dwelling project is consistent with the City Council's strategic priorities to provide a spectrum of housing needs and ensure housing availability for people of all economic, physical, social, and employment circumstances.
The project is in alignment with City General Plan Land Use Policy 1.2 to create walkable, mixed-use centers with residences in close proximity to amenities and entertainment. Likewise, Land Use Policy 4.3 encourages appropriate development/redevelopment of parcels that are either vacant or underutilized, surrounded by existing urban development, and non-environmentally sensitive, all of which these parcels meet.
General Plan Housing Element Policy 1-1 encourages the City to adopt programs, ordinances, incentives, land use plans, and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs. Being in the Tourist Core Area Plan Town Center, the project was eligible for additional coverage and higher density. To further assist private developers in the construction of new housing units, the City Council set a sale price for development rights that is one third of market rate.
The applicant is able to apply for these development rights should they choose. In alignment with Policy 1-7 this project is within walking distance of public transit and services.
Through thorough review by City staff, outside agencies, and Planning Commission, this project has been found to be compatible with multiple Housing Element policies under 168
City Council Agenda Report January 23, 2024 Page 5
Goal HE-7, including meeting design standards, adding value to the community’s built environment, and compatibility of physical design, building structure, and lot layout relationships between existing developments.
169
Resolution 2024-XX January 23, 2024 Page 1 of 2
Resolution 2024-XX
Adopted by the City of South Lake Tahoe City Council
January 23, 2024
Granting a 24-Month Extension for 3708 Highway 50 Town Homes Tentative Subdivision Map, El Dorado County APNs 027-072-032 and 027-072-010
BACKGROUND
A. On April 5, 2022, the City of South Lake Tahoe City Council held a duly noticed public hearing and approved City Council Resolution 2022-040 approving 3708 Highway 50 Town Homes Tentative Subdivision Map (File #21-142) for 3708 Lake Tahoe Boulevard and 3709 Osgood Avenue, APNs 027-072-032 and 027-072-010.
B. On December 7, 2023, the Planning Commission held a duly noticed public hearing to receive public comments, considered evidence in the record, and deliberated and approved Planning Commission Resolution 2023-019, recommending the City Council grant an 24- month extension pursuant to California Government Code § 66452.6(e).
C. A public notice of the January 23, 2024, City Council meeting was mailed to property owners within 300 feet of the subject parcels and published in the Tahoe Daily Tribune on January 12, 2024.
D. On January 23, 2024, the City Council held a duly noticed public hearing to consider granting an extension for the 3708 Highway 50 Town Homes Tentative Subdivision Map.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City of South Lake City Council:
1. Finds that the permittee has an active building permit application on file with the Development Services Department.
2. Finds that all the conditions of City Council Resolution 2022-040 shall remain in effect.
3. Grants a 24-month extension for the 3708 Highway 50 Town Homes Tentative Subdivision Map pursuant to California Government Code Section § 66452.6(e).
Adopted by the City of South Lake Tahoe City Council at a meeting on January 23, 2024, by the following vote:
170
Resolution 2024-XX January 23, 2024 Page 2
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.
171
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Resolution 2022-040 April 5, 2022 Page 1 of 2
Resolution 2022-040
Adopted by the City of South Lake Tahoe City Council
April 5, 2022
Approve the Tentative Subdivision Map for 3708 Lake Tahoe Boulevard and 3709 Osgood Avenue, El Dorado County APNs 027- 072-032 and 027-072-010
BACKGROUND
A. On April 5, 2022 the City of South Lake Tahoe City Council held a duly noticed public hearing to consider a Tentative Subdivion Map (File #21-142) for 3708 Lake Tahoe Boulevard and 3709 Osgood Avenue, APNs 027-072-032 and 027-072-010.
B. A public notice was mailed to property owners within 300 feet of the project and published in the Tahoe Daily Tribune on March 25, 2022.
C. On March 10, 2022 the City of South Lake Tahoe Planning Commission held a duly noticed public hearing to consider the Tentative Subdivision Map.
D. The City of South Lake Tahoe Planning Commission conducted a public hearing to receive public comments, considered evidence in the record and deliberated and found that the project is consistent with the City General Plan, the Tourist Core Area Plan, and the CityWide Design Standards and meets the findings required by the California Subdivision Map Act.
E. The Planning Commission adopted Resolution 2022-003 recommending the City Council approve the Tentative Subdivision Map.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City of South Lake Tahoe City Council:
1. Finds that the tentative subdivision map is categorically exempt from CEQA pursuant to Section 15332, Class 32, Infill Projects.
2. Finds that the project is consistent with the City of South Lake Tahoe General Plan.
3. Finds that the design of the proposed subdivision is consistent with the City of South Lake Tahoe General Plan and the Tourist Core Area Plan.
4. Finds that the site is physically suitable for the type of development.
5. Finds that the site is physically suitable for the proposed density of development. 173
Resolution 2022- 040
April 5, 2022 Page 2
6. Finds that the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
7. Finds that the design of the subdivision is not likely to cause serious public health problems.
8. Finds that the design of the subdivision will not conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision.
9. Approves the tentative subdivision map based on the analysis in the staff report, the findings required by the California Subdivision Map Act, and subject to the following conditions of approval:
a. The initial life of the Tentative Map is 24 months unless otherwise extended as described in Government Code § 66452. 6.
b. The owner may file multiple Final Maps prior to the expiration of the Tentative Map as long as:
i. The subdivider gives notice to the City of its intent to do so; and ii. After filing the Tentative Map, the subdivider and City concur in the filing of multiple Final Maps ( Government Code § 66456. 1). c. The Final Map shall include all information and statements required by Article 4 of the Subdivision Map Act.
d. The Final Map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall conform to the provisions in 66434 of the Subdivision Map Act.
e. The City Council shall approve the Final Map per Section § 66440 of the Subdivision Map Act.
f. If Declaration of Covenants, Conditions, and Restrictions are recorded with the Department of Real Estate, the applicant shall provide a copy of such document to the City Planning Division.
g. Any amendment or modification to said document shall also be provided to the City Planning Division.
h. The Final Map shall be in substantial compliance with Major Design Review 21-142.
i. The Final Map shall be retitled “ 3708 Lake Tahoe Boulevard Town Homes”. j. The Final Map shall include the overflight notification language required by the Lake Tahoe Airport Compatibility Land Use Plan.
k. The Final Map shall include easements, dedications, and cite cross access agreements and recorded deed restrictions to assure legal access to all parcels and condominium parcels to the public right-of-way as required by the Subdivision Map Act and as directed and approved by the City Surveyor. l. A Tentative Subdivision Map recommendation of approval by the City Council does not constitute Final Map approval.
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Resolution 2022- 040
April 5, 2022 Page 3
Adopted by the City of South Lake Tahoe City Council at a meeting on April 5, 2022, by the following vote:
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Date:_________
Devin Middlebrook, Mayor
Attest:
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
Sue Blankenship ( Apr 7, 2022 11: 52 PDT)
Devin Middlebrook ( Apr 8, 2022 12: 42 PDT)
Apr 8, 2022
175
Res 2022-040 3708 LTB & 3709 Osgood
Tentative map
Final Audit Report 2022- 04-08
Created: 2022- 04-07
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAvhvDUvSF6y05U- vlMAeZpf0rPCMPj4Qv Res 2022-040 3708 LTB & 3709 Osgood Tentative map" Histor y
Document created by jo Mcdonough ([email protected]) 2022- 04- 07 - 4:22:35 PM GMT- IP address: 128. 92.136. 146 Document emailed to Sue Blankenship ([email protected]) for signature 2022- 04- 07 - 4:23:17 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2022- 04- 07 - 6:51:28 PM GMT- IP address: 12.177. 140. 20 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2022- 04-07 - 6:52:00 PM GMT - Time Source: server- IP address: 12.177. 140. 20 Document emailed to Devin Middlebrook ([email protected]) for signature 2022- 04- 07 - 6:52:01 PM GMT
Email viewed by Devin Middlebrook ([email protected]) 2022- 04- 08 - 7:42:32 PM GMT- IP address: 66.189. 255. 213 Document e-signed by Devin Middlebrook ([email protected]) Signature Date: 2022- 04-08 - 7:42:48 PM GMT - Time Source: server- IP address: 66.189. 255. 213 Agreement completed.
2022- 04- 08 - 7:42:48 PM GMT
176
Resolution 2023-019 December 7, 2023 Page 1 of 2
Resolution 2023-019
Adopted by the City of South Lake Tahoe Planning Commission December 7, 2023
Recommending City Council Grant an Extension for the 3708 Highway 50 Town Homes Tentative Map, El Dorado County APNs 027-072-032 and 027-072-010
BACKGROUND
A. On March 10, 2022, the City of South Lake Tahoe Planning Commission held a duly noticed public hearing and adopted Planning Commission Resolution 2022-03 recommending the City Council approve the 3708 Highway 50 Town Homes Tentative Map File #21-142) for 3708 Lake Tahoe Boulevard and 3709 Osgood Avenue, APNs 027-072- 032 and 027-072-010.
B. On April 5, 2022, the City of South Lake Tahoe City Council held a duly noticed public hearing and approved City Council Resolution 2022- 040 approving the 3708 Highway 50 Town Homes Tentative Map (File #21-142) for 3708 Lake Tahoe Boulevard and 3709 Osgood Avenue, APNs 027-072-032 and 027-072-010.
C. A public notice of the December 7, 2023, Planning Commission meeting was mailed to property owners within 300 feet of the subject parcels and published in the Tahoe Daily Tribune on November 24, 2023.
D. On December 7, 2023, the Planning Commission held a duly noticed public hearing to receive public comments, considered evidence in the record, and deliberated and made a recommendation to the City Council.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City of South Lake Planning Commission:
1. Finds that the permittee has an active building permit application on file with the Development Services Department.
2. Finds that all the conditions of City Council Resolution 2022- 040 shall remain in effect.
3. Recommends the City Council adopt a resolution granting a 24-month extension for the 3708 Highway 50 Town Homes Tentative Map pursuant to California Government Code Section § 66452. 6(e).
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Resolution 2023-019 December 7, 2023 Page 2 of 2
Adopted by the City of South Lake Tahoe Planning Commission at a meeting on December 7, 2023, by the following vote:
Yes: Feiger, Roberts, Howard
Absent: Wieczorek
Date:_________
Gavin Feiger, Vice Chair
Attest:
Susan Blankenship, City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
Sue Blankenship (Dec 14, 2023 15:43 PST)
Dec 14, 2023
178
Resolution 2023-019_Tentative Map Extension
Final Audit Report 2023- 12-15
Created: 2023- 12-14
By: Yvette Miranda ( ymiranda@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAGYVh22XvcWPJywPBtaNrONkxaSmhOkO_ Resolution 2023-019_Tentative Map Extension" History
Document created by Yvette Miranda ([email protected]) 2023- 12- 14 - 11:39:25 PM GMT
Document emailed to Sue Blankenship ([email protected]) for signature 2023- 12- 14 - 11:41:25 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2023- 12- 14 - 11:43:37 PM GMT
Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023- 12-14 - 11:43:45 PM GMT - Time Source: server Document emailed to [email protected] for signature
2023- 12- 14 - 11:43:46 PM GMT
Email viewed by [email protected]
2023- 12- 14 - 11:44:02 PM GMT
Signer [email protected] entered name at signing as Gavin Feiger 2023- 12- 15 - 1:33:18 AM GMT
Document e-signed by Gavin Feiger ([email protected]) Signature Date: 2023- 12-15 - 1:33:20 AM GMT - Time Source: server Agreement completed.
2023- 12- 15 - 1:33:20 AM GMT
179
January 23, 2024 City Council Meeting - Page 1 of 2
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January 23, 2024 City Council Meeting - Page 2 of 2
181
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:11
Agenda Item: Letter of Public Convenience or Necessity for Pirate’s Chest Tahoe LLC, Located at 2435 Venice Drive, Suite 107
Executive Summary: Pirate’s Chest Tahoe LLC has applied for a Type 20 Off-Sale Beer and Wine license from the California Department of Alcoholic Beverage Control (ABC). Issuance of this license would create an undue concentration of off-sale alcohol licenses in Census Tract 304.03, and therefore requires a finding of public convenience or necessity be made by the local governing body.
Requested Action / Suggested Motions: Pass a Resolution approving and authorizing the Planning Manager and Chief of Police to submit a Letter of Public Convenience or Necessity to the California Department of Alcoholic Beverage Control for the issuance of a Type 20 License for the premises at 2435 Venice Dr, Ste.107 (Pirate’s Chest Tahoe LLC).
Responsible Staff Member: Anna Kashuba, Assistant Planner Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Pirates Chest Tahoe LLC.docx
02-Pirates Chest Tahoe LLC ABC Application
03-Resolution-Pirate's Chest Tahoe Letter of Public Convenience or Necessity.docx 04-Exhibit A to Reso - Letter of Public Convenience or Necessity 05-Public Notice.pdf
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City Council Report January 23, 2024 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: January 23, 2024
Title: Letter of Public Convenience or Necessity for Pirate’s Chest Tahoe LLC Location: 2435 Venice Dr, Suite 107, APN 022-210-032
Responsible Staff: Anna Kashuba, Assistant Planner
Background: Under State law, the issuance of a new alcohol retail license is prohibited in any area that has an undue concentration of alcohol outlets or high crime unless a determination is made that the license would serve public convenience or necessity (Cal. Bus. & Prof. Code § 23958.4). The determination of “public convenience or necessity” is either made by the Department of Alcoholic Beverage Control (ABC), or by a local governing body, depending on the license type.
Where the ABC license type necessitates a determination of public convenience or necessity by the local governing body, the local governing body must issue a letter to ABC stating that it has made the finding of public convenience or necessity for ABC to issue a new alcohol retail license.
Issue and Discussion:
Project Description
This item is before the City Council to consider approval of a Letter of Public Convenience or Necessity (PCN) to the State of California Department of Alcoholic Beverage Control (ABC) for a Type 20 Off-Sale Beer and Wine license request from Pirate’s Chest Tahoe LLC at 2435 Venice Dr, Suite 107. This letter has been requested by ABC to determine the suitability of creating an “undue concentration” of alcohol, as Census Tract 304.03 currently contains its allotted number of alcohol licenses. Granting of this license would increase the number of alcohol licenses from one to two.
A Type 20 license authorizes the sale of beer and wine for consumption off the premises where sold. No distilled spirits may be on the premises. Full meals are not required; however, sandwiches or snacks must be available and are currently sold. Minors are allowed on the premises.
Pirate’s Chest Tahoe is a food and beverage retail store, which is allowed by right in this location. They engage in the sale of prepackaged drinks and snacks for offsite consumption. The addition of beer and wine sales does not affect the use category of Pirate’s Chest Tahoe, nor does it require any alterations to the facility. 183
City Council Report January 23, 2024 2 of 3
The South Lake Tahoe Police Department has reviewed the request and does not object to the proposed issuance of this type of license to the applicant.
Site Description
The business is located within a developed commercial complex at the Tahoe Keys Marina at 2435 Venice Dr. E. The site is bordered on the east and south the Truckee Marsh. West of the parcel is Special Area #2 of the Tahoe Keys PAS (102), containing residential uses. North of the parcel is additional marina facilities, Keys Beach, and Lake Tahoe.
Existing Site Factors
Parcel Size 246,985 ft2 (estimated)
Assessor's Parcel Number 022-210-032
General Plan Land Use Designation Neighborhood Center
Planning Area Tahoe Keys PAS, Special Area #1
Zoning Residential
Use Food and Beverage Retail
Flood Zone Area of Minimal Flood Hazard, FEMA Panel
06017C0367F
Airport Land Use Compatibility Plan Not Applicable
Surrounding Land Uses/Zoning
General Plan
Land Use
Zoning Development Status
North Neighborhood
Center
Residential Marina
East Conservation Residential,
Conservation
Vacant Recreational Land
South Neighborhood
Center,
Conservation
Residential,
Conservation
Miscellaneous Improved Commercial,
Vacant Recreational Land
West High Density
Residential
Residential Residential
Environmental Considerations: This is not a project under CEQA, because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4) and is, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).
Public Notice: The applicant, according to the California Business and Professions Code, Chapter 6, 23985.5(a) has notified all residences within 500 feet of the site and has placed a notice of the intent to engage in alcohol sales in a visible location on the 184
City Council Report January 23, 2024 3 of 3
premises. No notices on behalf of the City of South Lake Tahoe are required under California Business and Professions Code, Chapter 6, 23985.5.
In compliance with Government Code Division 1, Chapter 2.7 (Public Hearings), a notice was mailed to property owners within 300 feet of the property and published in the Tahoe Daily Tribune on January 12, 2024. Any comments received will be transmitted to the City Council and posted on the City website.
Financial Implications: There is a potential for additional tax revenue generated by the sale of beer and wine.
Policy Implications: The 2023-2028 Strategic Plan incorporates the concept of expanding retail opportunities as part of Economic Development. This is consistent with Action Item 4 of the Strategic Plan.
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Resolution 2024-XX January 23, 2024 Page 1 of 2
Resolution 2024-XX
Adopted by the City of South Lake Tahoe
City Council
January 23, 2024
Approving Issuance of a Letter of Public Convenience or Necessity (PCN) to the California Department of Alcoholic Beverage Control (ACB) for the Issuance of a Type 20 License for the Premises at 2435 Venice Dr, Ste.107 (Pirate’s Chest Tahoe LLC), APN 022-210-032
BACKGROUND
A. Pursuant to applicable provisions of the Business and Professions Code, the Department of Alcoholic Beverage Control (hereinafter “ABC”) is charged with the responsibility of reviewing applications and issuance of licenses for the sale and /or manufacture of alcoholic beverages in the State of California.
B. Section 23958 of the Business and Professions Code provides that ABC shall deny an application for a license if issuance of that license would tend to create law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, excepted as provided in Section 23958.4 of said Business and Professions Code.
C. Section 23958.4 of the Business and Professions Code provides that, notwithstanding the limitations of Section 23958, ABC shall issue a license if the applicant shows that “public convenience or necessity” would be served by the issuance of such license.
D. Section 23958.4 further provides that the determination of “public convenience or necessity” shall be made by ABC with regard to certain applications and shall be made by the local governing body of the area in which the applicant premises are located with regard to certain other applications.
E. As a local governing body within the meaning of said Section 23958.4 of the Business and Profession Code, the City Council of South Lake Tahoe (hereinafter the “City Council”) has the discretion to determine when the public convenience or necessity would be served by allowing an alcohol license in an area where there is an undue concentration of licenses.
F. Under state law Section 23790 of the Business and Professions Code, ABC may not issue an alcohol license if it violates an existing zoning ordinance.
G. The subject site is zoned residential and is in a designated neighborhood center and operates food and beverage retail by right.
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Resolution 2024-XX January 23, 2024 Page 2 of 2
H. Pirate’s Chest Tahoe LLC has applied for a Type 20 Off-Sale Beer and Wine license that authorizes the sale of beer and wine for consumption off the premises where sold.
I. The City has determined that the issuance of a of PCN is not a project under CEQA, because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4) and is, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).
J. The City of South Lake Tahoe has prepared a Letter of Public Convenience or Necessity provided as Exhibit A attached hereto.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City of South Lake Tahoe City Council:
1. Finds that the public convenience or necessity would be served by the proposed sale of beer and wine for offsite consumption at Pirate’s Chest Tahoe at 2435 Venice Dr, Suite 107 (APN 022-210-032).
2. Authorizes and directs the Planning Manager to issue the Letter of Public Convenience or Necessity attached hereto as Exhibit A.
Adopted by the City of South Lake Tahoe City Council at a meeting on January 23, 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.
189
January 23, 2024 Certified Mail
State Department of Alcoholic Beverage Control
2400 Del Paso Road, Suite 155
Sacramento CA, 95834
SUBJECT: Letter of Public Convenience or Necessity for Pirate’s Chest Tahoe LLC, Located at 2435 Venice Drive, Suite 107, South Lake Tahoe, CA 96150 Attention:
This letter is regarding the Pirate’s Chest Tahoe LLC application for a Type 20 Off-Sale Beer and Wine License for 2435 Venice Drive, Suite 107 in the City of South Lake Tahoe. The California Department of Alcoholic Beverage Control (ABC), under state statute, must review and issue licenses for the sale and/or manufacture of alcoholic beverages. State law provides that ABC shall deny an application for a license if the issuance of that license would either create a law enforcement problem or result in or add to an undue concentration of licenses unless a determination is made that public convenience or necessity would be served by the issuance of that license.
Pursuant to Section 23958.4 of the California Business and Professions Code, the City of South Lake Tahoe City Council must issue a letter of Public Convenience or Necessity (PCN) for ABC to grant Pirate’s Chest Tahoe LLC a Type 20 Off-Sale Beer and Wine License due to “undue concentration” in census tract 304.03. The census tract is allowed one off-sale licenses, which has been issued within the census tract.
ABC requires the City of South Lake Tahoe to make a finding of public convenience or necessity before a new alcohol license may be issued in census tract 304.03.
On January 23, 2024, the South Lake Tahoe City Council executed a resolution approving the issuance of this Letter of Public Convenience or Necessity for the issuance of a Type 20 Off-Sale Beer and Wine License for Pirate’s Chest Tahoe LLC at 2435 Venice Drive, Suite 107. Please find this resolution attached.
If you have any questions or concerns, please contact Anna Kashuba, Assistant Planner, at (530) 542-7405 or [email protected].
190
Sincerely,
____________________________ ____________________________ John Hitchcock
Planning Manager
David Stevenson
Chief of Police
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January 23, 2024 City Council Meeting - Page 1 of 2
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January 23, 2024 City Council Meeting - Page 2 of 2
193
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:12
Agenda Item: Increased Fines for Vacation Home Rental Citations Executive Summary: On November 21, 2023, City Council received a presentation on Vacation Home Rental (VHR) enforcement and directed staff to come back at a later meeting with a resolution to increase the fine amounts for VHR citations to the maximum amounts allowed by Senate Bill 60. Senate Bill 60, signed in 2021, authorizes local jurisdictions including general law cities to establish fines for violations of an ordinance relating to short-term rentals that is an infraction and poses a threat to health or safety, to $1,500 for a first violation, $3,000 for a second violation of the same ordinance within one year, and $5,000 for each additional violation of the same ordinance within one year of the first violation.
Requested Action / Suggested Motions: Pass a Resolution increasing fines for Vacation Home Rental citations to $1,500 for the first occurrence, $3,000 for the second occurrence within the year, and $5,000 for subsequent occurrences within the same year.
Responsible Staff Member: Heather Stroud, City Attorney Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01 - Staff Report - Increased VHR Citations.docx
02 - Resolution Increasing VHR Citation Amounts.docx
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Council Agenda Report- January 23, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: January 23, 2024
Title: Increased Fines for Vacation Home Rental Citations Location: Citywide
Responsible Staff Member: Heather Stroud, City Attorney (530) 542-6046 Background: On November 21, 2023, City Council received a presentation on Vacation Home Rental (VHR) enforcement and directed staff to come back at a later meeting with a resolution to increase the fine amounts for VHR citations to the maximum amounts allowed by Senate Bill 60. Senate Bill 60, signed in 2021, authorizes local jurisdictions including general law cities to establish fines for violations of an ordinance relating to short-term rentals that is an infraction and poses a threat to health or safety, to $1,500 for a first violation, $3,000 for a second violation of the same ordinance within one year, and $5,000 for each additional violation of the same ordinance within one year of the first violation.
Issue and Discussion: The proposed resolution would amend the VHR citation fines set forth in the 2022-2023 Master Fee Schedule to the maximum amount allowed by Senate Bill 60. It also deletes the fine for violations of Section 3.50.440(A) (VHR Maximum Occupancy), as that provision only applied in residential areas where VHRs are no longer permitted under Measure T.
Financial Implications: The current fines for VHR citations range from $250 to $1,000, depending on the violation. If adopted, the new range would be from $1,500 to $5,000, which may result in additional revenue in an unknown amount. The intent of increasing the fines, however, is not to increase revenue, but to discourage and penalize violations, so the hope is that the number of citations issued will decrease with the increased fines.
Environmental Considerations: This action is not a project requiring review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (general policy and procedure making).
Policy Implications: This action is consistent with the intent of Measure T to eliminate VHRs in residential areas, which was passed by the voters of South Lake Tahoe in November 2018. 195
Resolution 2024-XXX January 23, 2024 Page 1 of 3
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
January 23, 2024
Resolution Increasing Fines for Vacation Home Rental Citations
BACKGROUND
A. On April 4, 2023, City Council adopted Resolution No. 2023-032 which adopted the annual Master Schedule of Fees and Charges for City Services 2022-2023, and includes fine amounts for various types of Vacation Home Rental (VHR) citations that range from $250 to $1,000.
B. On September 24, 2021, the Governor signed Senate Bill 60 as an urgency ordinance, which authorizes local jurisdictions including general law cities to establish fines for violations of an ordinance relating to residential short-term rentals that is an infraction and poses a threat to health or safety, to $1,500 for a first violation, $3,000 for a second violation of the same ordinance within one year, and $5,000 for each additional violation of the same ordinance within one year of the first violation.
C. On November 21, 2023, City Council received a presentation on VHR enforcement and directed staff to come back at a later meeting with a resolution to increase the fine amounts for VHR citations to the maximum amounts allowed by Senate Bill 60.
D. City Council finds that all violations Article V (Vacation Home Rentals) of Chapter 3.50 (Transient Lodging) of the South Lake Tahoe City Code pose a threat to health or safety because this ordinance includes requirements intended to protect health and safety such as permitting and inspections, prohibition on commercial activity and late-night outdoor hot tub use and amplified sound, and parking and trash management requirements, and Section 3.50.450 (Enforcement) states that any violation of the ordinance is a public nuisance.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Amends the Administrative Citations section of the Master Schedule of Fees and Charges for violations of Article V of Chapter 3.50 of the South Lake Tahoe City Code as follows:
City Code: Unit Adopted Fee
1/23/2024
3.50.380(B) - Unpermitted
VHR – Owner/Agent
Responsible
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(B) - Vacation Home
Rental (Parking Space
First occurrence
Second occurrence within year
$1,500
$3,000
196
Resolution 2024-XXX January 23, 2024 Page 2 of 3
Availability – Owner/Agent
Responsible)
Subsequent occurrence within year $5,000
3.50.440(C)- Vacation Home
Rental (Commercial Activity
Prohibited - Occupant and
Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(D) - Vacation Home
Rental (Compliance with
SLTCC – Owner/Agent
Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(E) - Vacation Home
Rental (Posting of Permit –
Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(F) - Vacation Home
Rental (Marketing/Advertising
Requirements – Owner/Agent
Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(G) - Vacation Home
Rental (Authorization to
Inspect – Owner/Agent
Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(H) - Vacation Home
Rental (Outdoor Spas/Hot
Tubs prohibited between 10
p.m.-8 a.m. - Occupant and
Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(I) - Vacation Home
Rental (Interior Signage –
Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(J) - Vacation Home
Rental (Exterior Signage –
Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(K) - Vacation Home
Rental (Parking Requirements
- Occupant and Owner/Agent
Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(L) - Vacation Home
Rental (Noise and Amplified
Music Prohibited between 10
p.m. - 8 a.m. - Occupant and
Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(M) - Vacation Home
Rental (Emergency Lighting –
Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(N) - Vacation Home
Rental (Lighting Design –
Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(O) - Vacation Home
Rental (Parking of
Commercial Vehicle -
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
197
Resolution 2024-XXX January 23, 2024 Page 3 of 3
Occupant and Owner/Agent
Responsible)
3.50.440(P) - Vacation Home
Rental (Records Relating to
VHR – Owner/Agent
Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(Q) - Vacation Home
Rental (Camping Prohibited -
Occupant and Owner/Agent
Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.440(R ) - Vacation Home
Rental (Trash/Bear Boxes
Required – Owner/Agent
Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
3.50.450(D) Vacation Home
Rental (Operating without a
Permit) (Owner/Agent
Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
2. Modifies the note indicated with an asterisk on page 11 of the Master Schedule of Fees and Charges to read as follows: “The fines for a second and any subsequent violation within a 12-month period for all violations with the exception of Vacation Home Rental violations will be double that of the previous fine assessed. The above penalties shall not supersede fines and penalties listed in the current City Code for specific violations. Except for Vacation Home Rental violations, under no circumstances shall a penalty be greater than $1,000.” Adopted by the City of South Lake Tahoe City Council on January 23, 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.
198
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:13
Agenda Item: Updated Resolution and Citizen Appointments to Boards and Commissions Executive Summary: In November the City Clerk began soliciting applications for citizen appointments to the Arts, Culture, and Tourism Commission, Police Advisory Commission, Planning Commission, Building and Housing Board of Appeals, and the Parks & Recreation Commission, for current terms expiring in February 2024. The City Clerk received applications for appointments to the Parks & Recreation Commission and the Planning Commission. No applications were received for the other three commissions. At their May 2, 2023, meeting, Council directed the City Clerk to bring back a change to the Arts, Culture, and Tourism Commission membership, changing the Non-Voting Representative of the Boys and Girls Club Organization to a voting member.
Requested Action / Suggested Motions: 1) Pass a Resolution amending Resolution 2023-013, Section 3. Structure Terms of Office and Qualifications, Arts, Culture and Tourism Commission, changing the non-voting representative of the Boys and Girls Club Organization to a voting member; 2) Interview applicants; 3) Pass a Motion appointing two members to serve two-year terms and one member to fill a vacancy (term expires 2/2025) to the Planning Commission; 4) Pass a Motion appointing three members to serve two-year terms on the Parks & Recreation Commission; and 5) Direct the City Clerk to continue to solicit for applications to the Arts Culture and Tourism Commission, Police Advisory Commission, Building Board of Appeals, and bring back appointments to the February 27 meeting.
Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Heather Stroud, City Attorney Attachments:
01-Staff Report - Citizen Commissions and Boards.docx
02-Resolution - City Boards Commissions and Committees.pdf 03-Planning Commission Applications.pdf
04-Parks & Recreation Commission Applications.pdf
199
Council Agenda Report January 23, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: January 23, 2024
Title: Citizen Appointments to Commissions and Boards
Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk Background: Consistent with Resolution 2023-013, the City Clerk began soliciting applications for citizen appointments to the Arts, Culture, and Tourism Commission; Building Board of Appeals; Parks and Recreation Commission; Planning Commission; and Police Advisory Commission, for terms expiring in February 2024.
At their May 2, 2023, meeting, Council directed the City Clerk to bring back a change to the Arts, Culture, and Tourism Commission membership, changing the Non-Voting Representative of the Boys and Girls Club Organization to a voting member.
Issue and Discussion: No applications were received for the Building Board of Appeals, Arts Culture and Tourism Commission, and the Police Advisory Commission. The City Clerk seeks direction to resolicit applications and bring this item back to the February 27 meeting.
Planning Commission: Five applications were received for two (2) two-year terms and one (1) vacancy (term expires 2/2025).
o Gavin Feiger (incumbent)
o Keith Roberts (incumbent)
o Julia Lucksinger
o Jackson Realo
o Doug Williams
Parks and Recreation Commission: Four applications were received for three (3) two-year terms. o Amelia Richmond (incumbent)
o Jerry Bindel (incumbent)
o David Gregorich (incumbent)
o Kyle Robinson
Financial Implications: Costs associated with staff support of the individual commissions/boards have been budgeted for within the department who oversees the commission.
Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: The solicitation and appointment of citizens to various boards and commissions meets the requirements set forth in Resolution 2013-013 and conforms to City Council Protocols.
200
Resolution 2024-XXX January 23, 2024 Page 1 of 7
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
January 23, 2024
City Commissions, Boards, and Committees
(Replacing Resolution 2023-013)
BACKGROUND
A. The City of South Lake Tahoe Commissions, Boards, and Committees consist of 1) Airport Land Use Commission; 2) Building and Housing Board of Appeals; 3) Parks and Recreation Commission; 4) Planning Commission; 5) Police Advisory Commission; 6) Arts, Culture and Tourism Commission; and 7) Independent Citizens’ Oversight Committee (Measure P).
B. This resolution provides the City Council, City staff and the public information regarding the structure, duties, qualifications and responsibilities of City Commissions, Boards and Committees.
C. This resolution provides the process for the appointment and removal of commissioners and board members and the general policies and procedures of City Commissions, Boards, and Committees.
D. This resolution assists in facilitating the City Commission, Board, and Committee operations and in maximizing public participation.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
Section 1. Application Process/Appointment Process/Removal:
Application Process: Applications to serve on City Commissions, Boards, and Committees shall be received by the City Clerk on an ongoing basis and a solicitation/recruitment shall be held commencing annually for any open seats on October 1 (or as soon thereafter). Appointments to Boards and Commissions shall be made only from persons who have applied.
Persons interested in serving may pick up an application from the Office of the City Clerk located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, California or downloaded from the City of South Lake Tahoe, City Commissions, Boards, and Committees webpage. Applications will also be mailed, faxed or emailed upon request to the Office of the City Clerk.
During the solicitation/recruitment period, completed applications must be returned to the City Clerk by the deadline set forth in the Notice for the Solicitation period. 201
Resolution 2024-XXX January 23, 2024 Page 2 of 7
The City Clerk shall notify all current commissioners and applicants remaining on the Applicant List.
Appointment Process: The City Clerk will provide the City Councilmembers with copies of all applications received by the prescribed deadline.
The City Clerk will notify all applicants of the date and time of the City Council meeting when appointments will be made. Applicants are encouraged to attend the meeting and be available if they wish to address the City Council or if the City Council wishes to interview the applicant.
The City Council will vote for their appointments following City Council Protocols, ll. Rules of Conduct, 10. Procedure for Motion.
After the appointments have been made, the City Clerk will administer an oath of office to each newly appointed commissioner at their first commission meeting and will provide each commissioner with a copy of the City Commission Handbook which will include this resolution, the City's Code of Ethics and FPPC Financial Disclosure Statements (see Section 4). Those selected, but not present at the Council meeting, will be notified by the City Clerk's Office oftheir appointment.
In accordance with Government Code Section 54972, the City Clerk will prepare and maintain an Appointment List of the names and terms of those voted upon to serve on each City Commission.
Those applicants not appointed will be placed on an Applicant List prepared by the City Clerk's Office. The Applicant List will be maintained until the commencement of the next solicitation period. In the event of a vacancy on any Commission or Board, the City Council may appoint from the names remaining on the "Applicant List," and the Appointee selected would serve the remainder of the unexpired term.
Removal: Any Commission, Board, or Committee member may be removed at any time during his or her term, with or without cause, by a majority vote of the City Council.
Section 2. Residency Requirements
The following residency requirements shall apply to members of City Commissions, Boards, and Committees.
A. Members of the Airport Land Use Commission, Arts, Culture and Tourism Commission, Building and Housing Board of Appeals, Independent Citizen’s Oversight Committee, Parks and Recreation Commission, and Police Advisory Commission, shall reside within the Tahoe Basin portion of El Dorado County.
B. Members of the Planning Commission shall reside within the City limits. 202
Resolution 2024-XXX January 23, 2024 Page 3 of 7
Section 3. Structure Terms of Office and Qualifications The Airport Land Use Commission shall consist of two (2) members and shall serve two-year terms, commencing in February of odd numbered years.
The Arts, Culture, and Tourism Commission shall consist of five six (65) voting members and two one (12) non-voting representatives, serving two-year staggered terms. Three Four (43) members and one (1) non-voting representative shall have terms commencing in February of odd numbered years and two (2) members and one (1) non-voting representative shall have terms commencing in February of even numbered years. One The non-voting representative (even years) will be selected from the South Lake Tahoe Tourism Improvement District or Lake Tahoe Lodging Association. and One (1) non-voting representative (odd years) will be selected from the South Lake Tahoe Boys and Girls Club organization. The commission will seek to include members that have a background in tourism and public arts or a multi-cultural perspective. At least one member shall be a youth member and at least one member shall be from the South Lake Tahoe Boys and Girls Club Organization with the qualifications listed above. In the event that a youth member or Boys and Girls Club member does not apply, or are not selected by City Council, then the one positions will be available to the general public.
The Building and Housing Board of Appeals shall consist of at least three (3) members, but no more than five (5) members and shall serve two-year terms, commencing in February of odd or even numbered years.
The Independent Citizens’ Oversight Committee shall consist of at least five (5) members serving four (4) year terms commencing in February. The Committee shall end upon the completion of the construction of the new recreation complex.
The Parks and Recreation Commission shall consist of seven (7) members serving two-year staggered terms. Four (4) members shall have terms commencing in February of odd numbered years and Three (3) members shall have terms commencing in February of even numbered years.
The Planning Commission shall consist of five (5) members serving two-year staggered terms. Three (3) members shall have terms commencing in February of odd numbered years and two (2) members shall have terms commencing in February of even numbered years.
The Police Advisory Commission shall consist of five (5) members serving two-year staggered terms. Three (3) members shall have terms commencing in February of odd numbered years and two (2) members shall have terms commencing in February of even numbered years. Two members will be reserved for members of the multicultural alliance.
In the event two members from the multicultural alliance do not apply, or are not selected by City Council, then the 2 positions will be available to the general public.
Section 4. Adoption of Rules and Procedures
Each Commission, Board, or Committee may adopt its own rules of procedure, provide for 203
Resolution 2024-XXX January 23, 2024 Page 4 of 7
the selection of officers, and take such other steps as reasonably required for the conduct of business in conformity with the laws of the State of California.
The Arts, Culture, and Tourism Commission; Parks and Recreation Commission; and Police Advisory Commission, shall meet at least quarterly; the Planning Commission shall meet monthly assuming there is business to conduct; the Airport Land Use Commission, Building and Housing Board of Appeals, and Independent Citizens’ Oversight Committee shall meet on an as needed basis. There may be the need or occasion(s) for a Commission, Board, or Committee to hold a special meeting.
In the event any Commissioner, Board, or Committee member has three (3) absences in one calendar year (assuming there have been scheduled meetings to attend), their seat will be deemed to have been vacated and a new appointment will be made in a manner consistent with this resolution.
The Airport Land Use Commission, Arts, Culture, and Tourism Commission, Building and Housing Board of Appeals, Independent Citizens’ Oversight Committee, Parks and Recreation Commission, and Planning Commission members are required to comply with the State of California Political Reform Act, regulated by the Fair Political Practices Commission, by filing a Statement of Economic Interests Form 700 with the City Clerk. If any member fails to file the required disclosure statement after written notice from the City Clerk, their seat shall be deemed vacated, and a new appointment will be made in a manner consistent with this resolution.
Section 5. Duties and Responsibilities
Members of Boards and City Commissions shall have the following duties and qualifications:
A. Airport Land Use Commission: The City's Planning Commission, when augmented with the Airport Land Use Commission, shall exercise the following responsibilities set forth in the Airport Comprehensive Land Use Plan (CLUP) under the authority of the California. Public Utilities Code, Chapter 4, Article 3.5, as follows:
1. The adoption of a basic Airport Land Use Commission Policy Plan, as adopted by the ALUC.
2. The adoption of land use plans for individual airports, as adopted by the South Lake Tahoe ALUC for Lake Tahoe Airport.
3. The incorporation of the land use compatibility guidelines contained in the CLUP into the general plan and land use regulations by cities and counties with jurisdiction over any geographic area subject to the CLUP.
4. ALUC review and determination of compatibility of individual development proposals, general plan amendments, and other land use plans and regulations around airports.
B. Building and Housing Board of Appeals: 1) Hear and decide appeals of orders, decisions or determinations made by the Building Official in the application and interpretation of the Building and Housing related codes adopted by the City Council. 2) Hear and decide appeals regarding requirements of the City relating to the use, maintenance and change of occupancy of buildings and structures, including 204
Resolution 2024-XXX January 23, 2024 Page 5 of 7
requirements governing alteration, additions, repair, demolition and moving. 3) Hear and decide appeals relating to new building construction and appeals relating to existing buildings.
The Board shall have no administrative authority, nor shall it be entitled to waive provisions of the Code in deciding on appeal.
C. Arts, Culture and Tourism Commission: 1) Act in advisory capacity to the City Council and no express authority or power to act on behalf of the City is hereby delegated. 2) Review proposed policies on Arts, Culture and Tourism programs and report findings. 3) Review proposed public arts projects and make recommendations for appropriation of funds for specific projects.
D. Independent Citizens’ Oversight Committee: 1) Act in advisory capacity to the City Council and no express authority or power to act on behalf of the City is hereby delegated. 2) The Committee shall receive and review the independent financial audit of the City Measure P transactions and other City financial reports necessary to review and report on the use of revenue from Measure P and advise the City Council of its findings and make recommendations for the use of funding during the design and construction of the new recreational complex.
E. Parks and Recreation Commission: 1) Advise the City Council concerning proposed policies relating to parks and recreation department operations within the City. 2) Review and recommend capital improvement projects in parks and recreation facilities within the City.
F. Planning Commission: 1) Assist in the preparation, update of and recommendations to the City Council concerning the general plan for the physical development of the City. 2) Perform those duties set forth in Article 7 of the California Government Code under such conditions as the City Council may from time to time establish. 3) Serve as the Delinquent Refuse Hearing Board.
G. Police Advisory Commission: 1) Review and discuss Police Department policy. 2) Receive, review, and discuss annual police employee personnel complaint statistics including number, nature, and outcomes of complaints. 3) Receive, review, and discuss various transparency related reports on RIPA data, use of force, and other information as directed by the commission and allowable by law. 4) Advise and assist the Police Department on recruitment strategies focusing on local and underrepresented populations. 5) Collaborate on community outreach strategies and local cultural competency training for police employees. 6) Open forum to discuss any other police/community issues.
Any decision of any board or commission may be appealed to the City Council in accordance with the procedures established for that purpose.
In order to keep the City Council better informed, all City Commissions, Boards, and Committees via their Commission/Board Clerk, shall provide the City Council with copies 205
Resolution 2024-XXX January 23, 2024 Page 6 of 7
of all City Commission/Board agendas and minutes. Each City Commission and Board shall have the opportunity at each City Council meeting, under agenda item City Commission Reports, to provide a brief report on their commission's activities. All City Commissions, Boards, and Committees shall make a formal written report to the City Council annually at the Council's November meeting.
Section 6. Miscellaneous Matters
All members of Commissions, Boards, and Committees shall be unpaid volunteers and not employees of the City. All members of Boards or Commissions shall be subject to the City's Code of Ethics and the City Clerk shall provide a copy of the City Commission Handbook, which includes the Code of Ethics, to each member of a Commission or Board upon their appointment.
To minimize operational costs, all meetings shall be scheduled in such a manner to reduce or eliminate the payment of overtime to city staff.
Any proposed training and travel expenditures will be provided by city staff to the City Manager for approval.
In compliance with the Brown Act, all meetings shall be open and public, and each meeting shall be audio or video recorded. Action Minutes shall constitute the official Minutes of Commission, Board, or Committee meetings and will serve as documentation of actions taken. Agenda packets shall be made available to the public for review at no charge. Copies, upon request, shall be assessed a fee consistent with the City's Fees & Charges Resolution adopted by the City Council.
The City Council may determine the need or necessity to appoint a Councilmember or City Staff member to serve as liaison to a City Commission, Board, or Committee which could occur during their Councilmember Appointments and Assignments that are held during the second City Council meeting in January of each year or otherwise at a regular meeting in which the item is placed on the agenda.
Section 7. All resolutions in conflict herewith are hereby repealed.
Adopted by the City of South Lake Tahoe City Council on January 23,2024, by the following vote:
Yes:
No:
Absent:
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
206
Resolution 2024-XXX January 23, 2024 Page 7 of 7
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.
207
CITY OF SOUTH LAKE TAHOE
VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST
Feiger
COMMITTEE AND/OR CATEGORY APPLYING FOR:
Gavin C Planning Commission
RESIDENCE: CITY STATE ZIP CODE
MAILING ADDRESS: P.O. BOX CITY STATE ZIP CODE
Same as residence
RESIDENCY: (Please select one)
CITY RESIDENT ✓ EL DORADO COUNTY RESIDENT
EMPLOYER:
League to Save Lake Tahoe
EDUCATION/EXPERIENCE:
Education: Masters or Environmental Science and Management, UC Santa Barbara, earned 2010: BS Geology, Umvers1ty of Washington, earned 2003: Land Use and Environmental Planning Certificate Program, UC Oav,s, ,n progress Experience: 10+ years in land use and resource planning: League to PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:
Currently in 2nd term (one 1-year term, and now 2-year term is ending) as City of South Lake Tahoe Planning Commissioner Lake Tahoe Bicycle Coalition, Board member Community Mobility Workgroup, Co-Chair; South Shore Transportation Management Association, Board Secretary
WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
It is the responsibility of the Planning Commission to make unbiased decisions and recommendations on land use applications and appeals, al limes in a quasi-judicial capacity Commissioners must be impartial and consider projects on their own merits under the City's land use regulations I hope 10 contnbute to the City of South Lake Tahoe's government and community by helping facilitate a pubhc venue for community stakeholders to learn about and provide input on planning issues and project proposals I will help ensure that projects and plans meet City rules, regulaoons, goals, and policie~ Have you taken the opportunity to attend any previous commi~ meeting prior to the notice of this vacancy? YES l{j NO n
Please list any potential conflict of interests that you may foresee if appointed to ~Commission that you've applied:
My employer takes public stances on the environmental impacts of development projects at times.
If appointed to the Airport Land Use Commission, Planning Commission, Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Committee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YES INO □
I certify that all statements made in this application are true and complete. I understand that any false statement or omission of material facts will subject me to disqualification or dismissal.
DATE: 12.05.2023 SIGNATURE:
Please note that the information provided on this application, including address, phone number and email address will become a matter of public record.
WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
sb lankenshi [email protected]
208
CITY OF SOUTH LAKE TAHOE
VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL
E.
LAST
Lucksinger
COMMITTEE AND/OR CATEGORY APPLYING FOR:
Julia Planning Commission
REET ADDRESS CITY STATE ZIP CODE
P.O. BOX CITY STATE ZIP CODE
RESIDENCY: (Please select one)
CITY RESIDENT ✓ EL DORADO COUNTY RESIDENT
S): RESIDENCE:
EMPLOYER:
Lake Valley Properties, Inc.
EDUCATION/EXPERIENCE:
BA. Cal Poly San Luis Obispo 1998
PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:
Rotary Club of South Lake Tahoe - various positions since 2005 Tahoe Womens Community Fund member
WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED? sorry about the large font
I hope to utilize my fair minded and logical approach to help the :ommission make decisions best for all parties re: developments in SL T.
Have you taken the opportunity to attend any previous commi~ meeting prior to the notice of this vacancy? YES LJ NO f7l
Please list any potential conflict of interests that you may foresee if appointed to 1fi'icommission that you've applied:
If appointed to the Airport Land Use Commission, Planning Commission Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Commitee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YES I NO □
I certify that all statements made in this application are true and complete. I understand that any false statement or omission of material facts will subject me to disqualif ., tit t II ., DATE: 11-9-2023 SIGNATURE
Please note that the information provided on this application, including address, phone number and email address will become a matter of public record.
WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn : Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
[email protected]
209
CITY OF SOUTH LAKE TAHOE
VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL
T.
LAST
Realo
COMMITTEE AND/OR CATEGORY APPLYING FOR:
Jackson
RESIDENCE: lllliiillill CITY
South Lake Tahoe
MAILING ADDRESS: P.O. BOX CITY
Same as residential address
RESIDENCY: (Please select one)
CITY RESIDENT ✓ EL DORADO COUNTY RESIDENT
Exline & Company, Inc.
Planning Commission
STATE
CA
STATE
EDUCATION/EXPERIENCE: Education: Bachelor of Arts in Biology from University of Virginia
ZIP CODE
96150
ZIP CODE
Experience: Served as the City's CivicSpark Fellow in 2020/2021 ; Land-Use Planning Consultant from 2021-Present; Extensive knowled e and understandin of the TRPA Code of Ordinances Cit Code and Cit 's Strate ic and Climate Action Plans.
PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:
I currently volunteer on the 100% Renewable Committee, a technical advisory committee to the City of South Lake Tahoe, as well as th T h e Climate Chan since
2020.
WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
In my view, the main role of the Planning Commission is to aid in making recommendations to City Council regarding development regulations and policies in the City's General Plan and to review and provide feedback to City staff on development projects requiring Planning Commission approval. In addition to these primary duties, I hope to help align . . . . .. ' . . . . I I infrastructure, maximized energy efficiency measures, scenic quality, transportation best-practices, and equitable housing development projects. Most importantly though, I hope to provide helpful insight to break down barriers to environmentally-beneficial redevelopment projects based on my experience in the field.
Have you taken the opportunity to attend any previous commi~ meeting prior to the notice of this vacancy? YES l{j NO n
Please list any potential conflict of interests that you may foresee if appointed to lffirCommission that you've applied: As a land- use planning consultant for Exline & Company. Inc ., I would need to recuse myself from any proj ects before the Commission th at are represented by Exline & C ompan y .
If appointed to the Airport Land Use Commission, Planning Commission, Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Committee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply wtth this requirement?
CERTIFICATE OF APPLICANT:
YES I NO □
I certify that all statements made in this application are true and complete. I understand that any false statement or omission of material facts will subject me to disqualification or dismissal.
DA TE: 12/21 /22 SIGNATL
Please note that the information provided on this application, including address, phone number and email address will become a matter of public record.
WHEN COMPLETED R TURN FORM
TO: Office of the City Clerk
Attn: Susan Blanken hip - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
sblankenship cityofslt.us
210
CITY OF SOUTH LAKE TAHOE
VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Poot(){ T we
NAME: CO DIOR AT APPL YING FOR:
Pl 41 I '$ /~ ~
RESI
CITY LAS COUNTY RESIDENT STATE OF NEV ADA RESIDENT
SS: EMAIL ADDRESS:
EMPLOYER: -r I ...,-:
(e:t'r~e A~V
EDUCATION/EXPERIENCE:
PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:
WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS CO ITTEE AND WHAT O YOU HOPE TO ACCOM APPOINTED? A: ,... f 1__/ /1 ✓ "75I<; 1'1 t-, 0t t, "1'1 vie- ( t - , ..
Have you taken the opportunity to attend any previous commi • ting prior to the notice of this vacancy? YES NO n
Please list any potential conflict of interests that you may foresee if appointed to 'Int commission that you've applied:
If appointed to the Airport Land Use Commission, Planning Commission, Building Board of Appeals, Parks Recreation Commission, Arts, Culb.Jre and Tourism Commission or Independent Citizens' Oversight Committee, you will be required by the State of California Fair Polttical Practices Commission to file a Conflict of Interest Statement with the City Clerk. Wdl you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YES0oo □ I certify that all statements made in this application are true and complete. I understand that any false statement or omission of material facts will subject me to disqualifi SIGNATURE:
Please note that the information provided on this app(ication, induding address, e number and email address will become a matter of pubic record.
WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
190 I Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
sblank:enship • tyofslt. us
211
CITY OF SOUTH LAKE TAHOE
VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please legibly Print or Type
NAME: FIRST MIDDLE INITIAL
H
LAST
Williams
COMMITTEE ANO/OR CATEGORY APPL YING FOR:
Douglas Planning Commission
TREET ADDRESS
P.O. BOX
lect one)
EDUCATION/EXPERIENCE:
CITY STATE
South Lake Tahoe CA
CITY STATE
South Lake Tahoe CA
ZIP CODE
96150
ZIP CODE
96150
2 years college, RE Broker, Insurance Broker
PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:
I am on the following boards, Christmas Cheer, SLTLA, SLT TID, SLT Planning Commmission
WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE ANO WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
To approve projects that meet the city's general plan and make recommendations to city council on issues that may come up that fall under the planning commissions purview Have you taken the opportunity to attend any previous commi~ meeting priorothe notice of this vacancy? YES LlJ. NO
Please list any potential conflict of interests that you may foresee 1f appointed to Comm· sion that you've ap~ied:
none
If appointed to the Airport Land Use Commission, Planning Commission, Building Board of Appeals, Parks & Recr tion Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Committee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be wiling to comply with this requirement?
CERTIFICATE OF APPLICANT:
YES No D
I certify that all statements made in this application are true and complete. I understand that any false statement or omission of material facts will subject me to di qual - I I I I II • DATE: 12/22/2022 SIGNATUR .
PINN a 1111 Ill ilb11111l011 prowtdld on 11i1 application, including addfasl, phone numbef and email lddr8ls wl become I IM8 d f)liJllc llCOld.
WHEN COMPL T D RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
190 l Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96 150-6324
PH: (S30) 542-6005
sblanken hip cityofslt.us
DEC 2 7 1011
cay d South Lake Tahoe
Offlce d 11'8 Cly Clark
212
213
CITY OF SOUTH LAKE TAHOE
VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Le.gibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST COMMITTEE AND/OR CATEGORY APPLYING FOR:
David Gregorich Parks and Recreation
RESIDENCE: STREET ADDRESS CITY STATE ZIP CODE
South Lake Ta hoe CA 96150
MAILING ADDRESS: P.O. BOX CITY STATE ZIP CODE
same
RESIDENCY: (Please select one)
CITY RESIDENT 0EL DORADO COUNTY RESIDENT0DOUGLAS COUNTY RESIDENT0STATE OF NEVADA RESIDENT PHONE NUMBER(S): RESIDENCE: BUSINESS: EMAIL ADDRESS:
EMPLOYER:
Retired
EDUCATION/EXPERIENCE:
B.A. Geography, U.C. Davis; Master of City & Regional Planning , U.C. Berkeley; 42 years employed w/ the State of California (33 w/ CTC) PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:
Currently serving on the P&R Commission and Measure P Cmte.; South Tahoe Parks Foundation; 25 yrs soccer referee
WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
To assist the City in public outreach and engagement for parks & recreation matters; advise City Council on recreation policy.
Completion/programming of the new rec center; staffing/programming/equitable access to existing facilities; maintenance of our parks and trails.
Have you taken the opportunity to attend any previous commi~ meeting prior to the notice of this vacancy? YES~ NO n
Please list any potential conflict of interests that you may foresee if appointed to 1nicommission that you've applied:
If appointed to the Airport Land Use Commission, Planning Commission, Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citize s' Oversight Committee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YES IV I NO □
I certify that all statements made in this application are true and complete. I understand that any false statement or omission of material facts will subject me to disqua
DATE: 121612023 SIGNATUR
WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
sblankenship@ci tyofslt. us
214
WHEN COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 /iVD 0Dloff :Dy, Ste 206
South Lake Tahoe, CA 96150-6324
PH:
0
542-6005
[email protected]
CITY OF SOUTH LAKE TAHOE
VOLUNTEER &200,66,21%2$5' 0(0%(5 $33/,&$7,21
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST COMMI77(( AND/OR CATEGORY APPLYING FOR:
RESIDENCE: STREET ADDRESS CITY STATE ZIP CODE
MAILING ADDRESS: P.O. BOX CITY STATE ZIP CODE
RESIDENCY: (Please select one)
CITY RESIDENT EL DORADO COUNTY RESIDENT DOUGLAS COUNTY RESIDENT STATE OF NEVADA RESIDENT PHONE NUMBER(S): RESIDENCE: BUSINESS: EMAIL ADDRESS:
EMPLOYER:
EDUCATION/EXPERIENCE:
PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT $1'25 *5283 $)),/,$7,216:
WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMI77(( AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
DATE:__________________________SIGNATURE:
________________________________________________________ Please note that the information provided on this application, including address, phone number and email address will become a matter of public record.
Have you taken the opportunity to attend any previous commission meeting prior to the notice of this vacancy? YES NO
Please list any potential conflict of interests that you may foresee if appointed to the Commission that you’ve applied:
________________________________________________________________________________________________BB ,I DSSRLQteG tR tKe $LUSRUt /DQG 8se &RPPLssLRQ 3lDQQLQJ &RPPLssLRQ %XLlGLQJ %RDUG RI $SSeDls 3DUNs 5ecUeDtLRQ &RPPLssLRQ $Uts &XltXUe DQG 7RXULsP &RPPLssLRQ RU ,QGeSeQGeQt &LtL]eQs 2YeUsLJKt &RPPLttee \RX ZLll Ee UeTXLUeG E\
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CERTIFICATE OF APPLICANT:
I certify that all statements made in this application are true and complete. I understand that any false statement or omission of material facts will subject me to disqualifica <(6 12
AMELIA S RICHMOND PARKS & RECREATION COMMISSION
SOUTH LAKE TAHOE, CA 96150
SOUTH LAKE TAHOE, CA 96150
✔
SELF EMPLOYED - FREELANCE PRODUCER
I work as a producer for commercial photo/video shoots. Previously, I was a PR pro with 7 years in travel/tourism. I hold a BA from Davidson College.
I volunteer as a Court Appointed Special Advocate (CASA) for El Dorado County, where I have volunteered for 4 years.
I am also president and co-founder of Locals for Affordable Housing, and a member of the SLT Democrats Club.
I see the responsibility of this commission as advising the City on policies and spending decisions that best serve our community.
If re-appointed, I hope to continue to work to improve equitable access, build community, and expand offerings for residents and families. ✔
N/A
✔
12/26/2023
215
EXPANDED ANSWERS TO PARKS & REC COMMISSION APPLICATION QUESTIONS EDUCATION/EXPERIENCE:
I currently work as a freelance producer, managing the logistics and budgets for commercial photo and video shoots. Prior to going freelance in April, I worked as an in-house staff producer for South Lake Tahoe-based Novus Select on Ski Run Blvd, managing national and international productions with budgets ranging from $50,000-$950,000.
Prior to my work in production, I was a PR professional with 7 years experience in the travel and tourism industry, including 5 years overseeing the communications for the resorts now known as Palisades Tahoe.
I hold a BA from Davidson College.
PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:
I am honored to currently be an appointed member of the Parks & Recreation Commission, appointed in January 2023 for a 1-year term. I also volunteer as a Court Appointed Special Advocate (CASA) for El Dorado County, am president and co-founder of Locals for Affordable Housing, and am a member of the South Lake Tahoe Democrats Club.
WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
I see the responsibilities of the Parks & Recreation Commission as advising City Council on policies and spending decisions that best serve our community. If re-appointed, I hope to continue to work on improving equitable access, building community, and expanding parks and recreation offerings for residents and families.
In my first year on the Parks & Recreation Commission, I worked as part of the Recreation & Equitable Access Subcommittee to bring the City’s significant decline in lifeguards and kids’ swim lessons to City Council’s attention. Our subcommittee also met with the City’s Public Works Department to discuss accessibly improvements, sidewalk clearing, and road line repainting, and held a meeting with the Chief of Police to discuss updating the Lime and Bird scooter contracts to include geo-fenced parking corrals and the inclusion of adaptive scooters.
Our subcommittee worked to agendize more community-focused topics at our monthly Commission meetings and led the charge to have a regular Parks & Recreation presence at City Council meetings. I am proud of the work we have done as a team, and I hope to continue that work into a second term.
Thank you for the consideration!
216
CITY OF SOUTH LAKE TAHOE
VOLUNTEER COMMISSION/BOARD MEMBER APPLICATION
Please Legibly Print or Type
NAME: FIRST MIDDLE INITIAL LAST COMMITTEE AND/OR CATEGORY APPLYING FOR:
Kyle Alexander Robinson Parks and Recreation
RESIDENCE: STREET ADDRESS CITY STATE ZIP CODE
South Lake Tahoe CA 96150
MAILING ADDRESS: P.O. BOX CITY STATE ZIP CODE
RESIDENCY: (Please select one)
CITY RESIDENT nEL DORADO COUNTY RESIDENTf71DOUGLAS COUNTY RESIDENTnSTATE OF NEVADA RESIDENT! PHONE NUMBER(S): RESIDENCE: BUSINESS: EMAIL ADDRESS:
EMPLOYER:
Globalization Partners
EDUCATION/EXPERIENCE:
B.S. Economics Cal Poly/ 12 years Sales & Operations exp.
PLEASE LIST ANY PAST OR PRESENT COMMUNITY INVOLVEMENT AND/OR GROUP AFFILIATIONS:
Board Member and Volunteer T.A.M.B.A
Volunteer with Keep Tahoe Blue
WHAT DO YOU SEE AS THE RESPONSIBILITIES OF THIS COMMITTEE AND WHAT DO YOU HOPE TO ACCOMPLISH IF APPOINTED?
Advocating for equitable and abundant access to outdoor recreation Support and drive bike mobility and connectivity, advocate for economical and environmentally sustainable projects.
Have you taken the opportunity to attend any previous commiu· meeting prior to the notice of this vacancy? YES NO ~ Please list any potential conflict of interests that you may foresee if appointed to e Commission that you've applied:
Being a board member with Tahoe Area Moiuntain Bike Association If appointed to the Airport Land Use Commission, Planning Commission Building Board of Appeals, Parks & Recreation Commission, Arts, Culture and Tourism Commission or Independent Citizens' Oversight Commitee, you will be required by the State of California Fair Political Practices Commission to file a Conflict of Interest Statement with the City Clerk. Will you be willing to comply with this requirement?
CERTIFICATE OF APPLICANT: YES INO □
I certify that all statements made in this application are true and complete. I understand that any false statement or omission of material facts will subject me to disqualification or dismissal.
DATE: 12/7/2023 SIGNATURE:
Please note that the information provided on this application, including address, phone number and email address will become a matter of public record.
WHE COMPLETED RETURN FORM
TO: Office of the City Clerk
Attn: Susan Blankenship - City Clerk
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, CA 96150-6324
PH: (530) 542-6005
sblankensh i [email protected]
217
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: January 23, 2024
Agenda Item #:14
Agenda Item: Agenda Planning Calendar
Requested Action / Suggested Motions: Identify, with consent of at least two Council members, any desired future agenda items, and/or modify the Agenda Planning Calendar as desired.
Responsible Staff Member: Joe Irvin, City Manager
Attachments:
APC - 01 18 2023.pdf
218
2024 Agenda Planning Calendar (Updated 01 18 2024)
Agenda Item Agenda Section
Feb. 13, 9 a.m. City Manager Cannabis Revenues Grant Program Discussion NB Dev Services Rental Registry NB
Public Works Contract Amendment-Walker Consultants for Bellamy Garage Phase 2 Consent $1M CTC - Tahoe Valley Greenbelt NB
Feb. 27, 5:30 p.m. City Attorney ADA Transition Plan update NB City Clerk Presentation by Chad Haze - Basin Entry Fee Presentation Citizen Appointments to Commissions & Boards UB
City Manager EPA Carbon Pollution Reduction Grant Authorization Consent Grant Acceptance from CalTrans TRPA CRP Consent
Dev. Services Annexation of Properties Pre-Zoning PH
Finance 2023-2024 Master Fee Schedule PH
PSA with CentralSquare Technologies for Finance System Upgrade Consent Quarterly Budget & Financial Status Report as of 12/2023 Consent Investment Portfolio Report as of 12/2023 Consent
Mar 12, 9 a.m. City Attny Shared Mobility Device Ordinance (First Reading) PH Department
219
2024 Agenda Planning Calendar (Updated 01 18 2024)
City Manager Award of On-Call Electrical/Structural Engineering Consent Chateau Update UB
Dev Services ADU Units Pre-approved Designs and Products No Approval Requirement NB TCAP/TVAP Updates NB
VHR TAU Requirement Discussion NB
Finance Fiscal Year 2023-2024 Mid-Year Budget Review NB Public Works 2024-25 CIP Recommendations NB
Annual Pavement Rehab Presentation NB
Grant Agreement with CTS for Dennis Machida Greenway
Mar 26, 5:30 p.m. City Manager Heavenly Parking Contract Review UB Finance 2023-2024 Master Fee Schedule Consent
Ski Run BID Annual Report and Budget NB
April 23, 5:30 p.m. City Clerk Tentative - Citizen Initiative - Tax on Vacant Residential Units NB City Manager Heavenly Parking Agreement UB
Minumum Wage Discussion NB
Dev Services Disc.: Motel 6 & Sunray Affordable Housing Options: Inc. Parcel Asses. 220
2024 Agenda Planning Calendar (Updated 01 18 2024)
Finance 2023 Annual Comprehensive Financeial Report Consent May 7, 9 a.m. City Clerk Proclamation Recognizing May 2024 as "Military Appreciation Month" Finance Ski Run BID to Levy Assessment for Business License Year 2024/2025 PH Public Works Authorization for ATP Cycle 7 Grant Application May 21, 5:30 p.m. Finance Quarterly Budget and Financial Status Report as of March 2024 Consent Investment Portfolio Report report as of March 2024 Consent June 4, 9 a.m. City Manager Grant Acceptance from Tahoe Water Suppliers Association June 18, 5:30 p.m.City Clerk Resolution Calling for Consolidated Election - Candidates & Measures *CC/STRSA
Finance Direct Charge of Mello-Roos Special Tax for CFD 1995-1 for FY 24-25 Consent Annual Special Tax for CFD 2001-1 Series 2015 Refunding Bonds for FY 24-25 STRSA Consent Aug 13, 9 a.m.
Aug 27, 5:30 p.m.
Sept. 10, 9 a.m. Dev Services Review of Employee Housing Public and Business Outreach Campaign Employee Housing Signage Ordinance
Sept. 24, 5:30 p.m.
Unscheduled/Pending
221
2024 Agenda Planning Calendar (Updated 01 18 2024)
City Attorney
City Clerk Records Management Policy (Updated)
City Manager Comprehensive Energy Services Contract
Municipalization of Electric Utility - Feasability Analysis Dev Services REACH Code Adoption
One-Year Results of Inclusionary Housing Ordinance (December 31, 2024) Res. Area Plan to Accommodate SB9 and Remove Tourist Accomodation City/CTC land exchange agreement
Radon Presentation by Jeff Minor
Building Code Appendix AW adoption-3D printed structures Discussion: Second Home Cap/Permit Options (9/2024)
Finance
Fire Type 3 Fire Engine Purchase
Parks & Rec Assessment on LOS prior to 2018
Lifeguard Mid-Year Budget 23-24 Analysis
Bijou Golf Course "Rock the Lake" Event and Review
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