Cities Index.
Agenda packet

South Lake Tahoe City Council
April 23, 2024

Document
Agenda packet
Meeting
April 23, 2024
Body
South Lake Tahoe City Council
Pages
14
Original file
198.2 MB
Text extracted from the city's file for reading and search. Open the original on d3n9y02raazwpg.cloudfront.net. That file is the official record.

Susan Blankenship ( Mar 26, 2024 09: 53 PDT)
Natalia Wieczorek (Mar 26, 2024 23:14 PDT)
Mar 26, 2024
683
Resolution 2024-005_TCAP ISMND Adoption
Final Audit Report 2024- 03-27
Created: 2024- 03-26
By: Yvette Miranda ( ymiranda@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAA9JzSx3qgCLXFrLcBPGtrr5Ao042chxRz Resolution 2024-005_TCAP ISMND Adoption" History
Document created by Yvette Miranda ([email protected]) 2024- 03- 26 - 4:31:20 PM GMT
Document emailed to Susan Blankenship ([email protected]) for signature 2024- 03- 26 - 4:32:13 PM GMT
Email viewed by Susan Blankenship ( sblankenship@cityofslt. us) 2024- 03- 26 - 4:52:35 PM GMT
Document e-signed by Susan Blankenship ([email protected]) Signature Date: 2024- 03-26 - 4:53:02 PM GMT - Time Source: server Document emailed to [email protected] for signature 2024- 03- 26 - 4:53:03 PM GMT
Email viewed by [email protected]
2024- 03- 27 - 6:14:34 AM GMT
Signer [email protected] entered name at signing as Natalia Wieczorek 2024- 03- 27 - 6:14:48 AM GMT
Document e-signed by Natalia Wieczorek ([email protected]) Signature Date: 2024- 03-27 - 6:14:50 AM GMT - Time Source: server Agreement completed.
2024- 03- 27 - 6:14:50 AM GMT
684
Resolution 2024-006 March 21, 2024 Page 1 of 2
Resolution 2024-006
Adopted by the City of South Lake Tahoe
Planning Commission
March 21, 2024

RECOMMENDING THE CITY COUNCIL ADOPT THE TOURIST CORE AREA

PLAN/ SPECIFIC PLAN AMENDMENTS

BACKGROUND
A. The Tourist Core Area Plan/Specific Plan was adopted by the City of South Lake Tahoe City Council on October 15, 2013 (Ordinance 2013-1060).

B. The City received an application from HVR Acquisitions to amend the Tourist Core Area Plan to rezone a portion of APN 029-441-024 to Tourist Center Mixed-Use District and limit uses to residential, liner public facilities, recreation, resource management, and open space uses.

C. In accordance with the California Environmental Quality Act ( CEQA) Guidelines Section 15070, the City of South Lake Tahoe has prepared an Initial Study/ Negative Declaration for the Tourist Core Area Plan/Specific Plan Amendments in compliance with CEQA.

D. In accordance with Government Code Section 65352, the City prepared a Notice of Availability and Notice of Intent to adopt an Initial Study/Mitigated Negative Declaration for the proposed Tourist Core Area Plan/Specific Plan Amendments and circulated the Initial Study/ Mitigated Negative Declaration for public comment between January 19, 2024, and February 26, 2024.

E. Pursuant to California Government Code Section 65453, a specific plan may be prepared and adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body.

F. The City of South Lake Tahoe Planning Commission took public comments on the proposed amendments and Initial Study/Mitigated Negative Declaration at their February 22, 2024 meeting.
685
Resolution 2024-006 March 21, 2024 Page 2 of 2
G. The City of South Lake Tahoe Planning Commission, at a duly noticed public hearing held on March 21, 2024, considered the proposed amendments and found 1) the Initial Study/Mitigated Negative Declaration reflects the City’s independent judgment and analysis, 2) there is no substantial evidence that the proposed Tourist Core Area Plan/Specific Plan Amendments will have a significant effect on the environment with mitigation measure Mitigation Measure TRAN- 1 which requires the property owner to enter into an agreement for offsite parking or submit a parking analysis that supports a reduction in the parking demand ratio, and 3) adopted the Tourist Core Area Plan/Specific Plan Amendments Initial Study/ Mitigated Negative Declaration.

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

1. Recommends City Council adopt the Tourist Core Area Plan/Specific Plan Amendments as outlined in Exhibit 1 to this resolution.

Adopted by the City of South Lake Tahoe Planning Commission on March 21, 2024, by the following vote:

Yes: Wieczorek, Howard, Lucksinger
Absent ( recused): Feiger, Realo
Date:_________
Natalia Wieczorek, Chair
Attest:

Susan Blankenship, Elected City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe Planning Commission.

Susan Blankenship (Mar 26, 2024 09:53 PDT)
Natalia Wieczorek (Mar 26, 2024 23:15 PDT)
Mar 26, 2024
686
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China ( Hong Kong), ( c) OpenStreetMap contributors, and the GIS User Community
TSC-MU
TSC-G
TSC-MU
REC
EXHIBIT 1 - EXISTING CONDITIONS
687
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China ( Hong Kong), ( c) OpenStreetMap contributors, and the GIS User Community
TSC-MU
TSC-G
TSC-MU
REC
EXHIBIT 1 - PROPOSED CONDITIONS

REZONED AREA

TO TSC- MU
688
Tourist Core Area Plan
Development and Design Standards C-1 November 16, 2021
Appendix C
Development and Design Standards
This section sets out the development standards, design standards and permissible uses for the land use districts in the Tourist Core Area Plan to achieve its desired urban form.

Applicability: All projects within the Tourist Core Area Plan shall meet the standards provided below. In addition, all projects are required to meet the Citywide Design Standards as well when applicable. Should a conflict occur between the Citywide standards and the Tourist Core Area Plan standards, the standards of this Area Plan shall apply. All regulations in the TRPA Code of Ordinances shall remain in effect unless superseded by the provisions of this Area Plan.

PERMISSIBLE USES
Table 1 lists the permitted primary land uses by district for the Tourist Core Area Plan and land use definitions are provided in Table 2. The regulations for the district are established by letter designations listed below. The designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. Uses not listed in the Table are prohibited.

A) designates allowed uses subject to zoning compliance. An allowed use is one that can be established as the primary use of a building.

S) designates uses that are permitted subject to approval of a Special Use Permit. A Special Use Permit requires discretionary approval by the City Planning Commission or Zoning Administrator following review and a determination that the nature of the proposed use, at the location proposed, is not detrimental to the public welfare or injurious to property or improvements in the neighborhood. To obtain a special use permit, the applicant must generally show that the contemplated use is compatible with the zoning ordinance and land use standards. Findings that such use would be essential or desirable to the public convenience or welfare, and will not impair the integrity and character of the zoned district or be detrimental to the public health, safety, morals or welfare are required.

TRPA) designates uses that require TRPA review and permitting designates uses that are not permitted.
689
Tourist Core Area Plan
Development and Design Standards C-2 November 16, 2021
Table 1: PERMITTED USES BY LAND USE DISTRICT
Permitted Uses Key:

A” – Allowed Use
S” – Special Use
T” – Temporary Use
TRPA” – TRPA Review Required
Use Not Permitted TS
C
C
TS
C
M
U
TS
C
M
U
C
TS
C
N
M
X
TS
C
G
TS
C
G
S
p
e
c
i
a
l
Ar
e
a
1 RE
C
OS

RESIDENTIAL
Domestic Animal Raising - - - - - - S -
Employee Housing S S A S S S A
Multiple Family Dwelling A A A A A A - -
Multi-Person Dwelling S S S S S S - -
Single Family Dwelling ( includes
condominiums) A8 A A A A A S1 -

TOURIST ACCOMMODATION
Bed & Breakfast Facilities - A13 A9 S A A - -
Hotel, Motel, Other Transient Dwelling
Units A A13 A9 S A A - -
Time Sharing A A13 A9 S S A - -

RETAIL COMMERCIAL
General Retail and Personal Services A A13 A9 S A A - - Building Material & Hardware S6 - - - - S - -
Nursery - - A9 - - S - -
Outdoor Retail Sales A - S9 - - S - -
Eating & Drinking Places A S13 A9 S A A - -
Service Stations11 S S13 - - S S - -

ENTERTAIMENT COMMERCIAL
Amusement & Recreation S S13 - - - A - -
Privately Owned Assembly and
Entertainment S S - - - S S -
Outdoor Amusements - S S - S S S -

SERVICE COMMERCIAL
Animal Husbandry Services - - - - - A - -
Business Support Services A7 S13 S9 - S A - -
Health Care Services A2,5 A9 - A A - -
Professional Offices A3,4 A13 A9 A A A - -
Schools – Business & Vocational S - S9 - A A - -

LIGHT INDUSTRIAL COMMERCIAL
Small Scale Manufacturing S S13 S9 S - S12 - -
Industrial Services11 - - - - - S12 - -

WHOLESALE/ STORAGE COMMERCIAL
Vehicle Storage & Parking11 S S13 S9 S S S - -
Wholesale and Distribution - - - - - S12

GENERAL PUBLIC SERVICE
Religious Assembly - S S9 - S A - -
Cultural Facilities S S13 S9 - S A - -
Daycare Centers/ Preschool A A13 A10 A A A - -
Government Offices - - A9 - - S - -
Local Assembly & Entertainment S S - - - S - -
Local Public Health and Safety
Facilities11 A A A A A A A A
Proposed language is bolded and underlined
690
Tourist Core Area Plan
Development and Design Standards C-3 November 16, 2021
Table 1: PERMITTED USES BY LAND USE DISTRICT
Permitted Uses Key:

A” – Allowed Use
S” – Special Use
T” – Temporary Use
TRPA” – TRPA Review Required
Use Not Permitted TS
C
C
TS
C
M
U
TS
C
M
U
C
TS
C
N
M
X
TS
C
G
TS
C
G
S
p
e
c
i
a
l
Ar
e
a
1 RE
C
OS
Public Owned Assembly &
Entertainment S S - - - - S
Public Utility Centers11 - S13 - - - - - -
Social Service Organizations - - A9 - A A - -

LINEAR PUBLIC FACILITIES
Pipelines & Power Transmission S S S S S S S S
Transit Stations & Terminals S S S S S S S S
Transportation Routes S S S S S S S S
Transmission & Receiving Facilities S S S S S S S S

RECREATION
Cross Country Ski Courses - - - - - - S -
Day Use Areas A A A A A A A A
Group Facilities - - - - - - S -
Outdoor Recreation Concessions - - - - S S - -
Participant Sport Facilities S - - - - - - -
Riding and Hiking Trails - - - - - S S -
Rural Sports - - - - - S S -
Snowmobile Courses - - - - - S S -
Visitor Information Centers S S - - S - - -

RESOURCE MANAGEMENT
Forest and Timber Resource
Management A A A A A A A A
Vegetation Resource Management A A A A A A A A
Water Quality Improvements and
Watershed Management A A A A A A A A
Wildlife and Fisheries Resource
Management A A A A A A A A
Range Management - - - - - - A -

OPEN SPACE
Allowed in all areas of the Region A A A A A A A A

SHOREZONE
Tolerance Districts 1 and 4)
Water Oriented Outdoor Recreation
Concession - - - -
TRPAATRPAA - -
Beach Recreation - - - - TRPAA
TRPAA - -
Water Borne Transit - - - - TRPAS
TRPAS - -
Boat Launching Facilities - - - - TRPAS
TRPAS - -
Tour Boat Operations - - - - TRPAS
TRPAS - -
Safety and Navigation Devices - - - - TRPAA
TRPAA - -
Shorezone Tolerance District 4)
691
Tourist Core Area Plan
Development and Design Standards C-4 November 16, 2021
Table 1: PERMITTED USES BY LAND USE DISTRICT
Permitted Uses Key:

A” – Allowed Use
S” – Special Use
T” – Temporary Use
TRPA” – TRPA Review Required
Use Not Permitted TS
C
C
TS
C
M
U
TS
C
M
U
C
TS
C
N
M
X
TS
C
G
TS
C
G
S
p
e
c
i
a
l
Ar
e
a
1 RE
C
OS
Marinas - - - - TRPAS
TRPAS - -
Buoys - - - - TRPAA
TRPAA - -
Piers - - - - TRPAS
TRPAS - -
Fences - - - - TRPAS
TRPAS - -
Boat Ramps - - - - TRPAS
TRPAS - -
Floating Docks and Platforms - - - - TRPAS
TRPAS - -
Shoreline Protective Devices - - - - TRPAS
TRPAS - -
Water Intake Lines - - - - TRPAA
TRPAA - -
Note: In the Regional Center all residential projects equal to or exceeding 100,000 square feet of new floor area or non-residential projects equal to or exceeding 80,000 square feet of new floor area require TRPA review and approval. In the Town Center all residential projects equal to or exceeding 50,000 square feet of new floor area or non-residential projects equal to or exceeding 40,000 square feet of new floor area require TRPA review and approval.

1. Caretaker Residence Only

2. All Health Care Services are allowed except emergency outpatient or urgent care facilities which shall only be considered along Heavenly Village Way, formerly Park Avenue.

3. Allow Realty Offices within the district and limit financial services to ATMs.

4. Allow consideration for placement of Realty Offices within the district, and only when operated in conjunction with approved Park Avenue Redevelopment fractional ownership tourist accommodation projects. Such use shall occupy no more than five percent ( 5%) of the commercial floor area with any project area within the district.

5. All Health Care Services uses permissible throughout special district; provided that any Health Care Services uses proposed to front on either side of US Highway 50 and/or the intersections of Heavenly Village Way (formerly Park Avenue) and Stateline Avenue are limited to second floor or higher. See TRPA Ordinance 2009-05 Exhibit 2 for specific limitation locations.

6. Outdoor storage and display is prohibited.

7. Shall not front on US Highway 50.

8. Condominiums only.

9. Use not permitted in Special Area # 1, which comprises of APNs 028-081-02, 028-081-04 & 028- 081-15.

10. Daycare center allowed as an accessory use.

11. Land use category is identified in TRPA Code Section 60.3 as a “possible contaminating activity.” Triggering special requirements pursuant to TRPA Code Section 60.4 if located within a Source Water Protection Zone.

12. Use only allowed in connection with a retail commercial use where it will enhance the visitor experience and is limited in size to 30% of the associated retail space.

13. Uses not permitted in APN 029- 441- 024
692
Resolution 2024-006_TCAP Recommend
Adoption
Final Audit Report 2024- 03-27
Created: 2024- 03-26
By: Yvette Miranda ( ymiranda@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAoayqxMbZ3xGLexalBVWKT15FCi9ePz1L Resolution 2024-006_TCAP Recommend Adoption" History
Document created by Yvette Miranda ([email protected]) 2024- 03- 26 - 4:45:08 PM GMT
Document emailed to Susan Blankenship ([email protected]) for signature 2024- 03- 26 - 4:45:56 PM GMT
Email viewed by Susan Blankenship ( sblankenship@cityofslt. us) 2024- 03- 26 - 4:53:16 PM GMT
Document e-signed by Susan Blankenship ([email protected]) Signature Date: 2024- 03-26 - 4:53:23 PM GMT - Time Source: server Document emailed to [email protected] for signature 2024- 03- 26 - 4:53:25 PM GMT
Email viewed by [email protected]
2024- 03- 27 - 6:14:56 AM GMT
Signer [email protected] entered name at signing as Natalia Wieczorek 2024- 03- 27 - 6:15:11 AM GMT
Document e-signed by Natalia Wieczorek ([email protected]) Signature Date: 2024- 03-27 - 6:15:13 AM GMT - Time Source: server Agreement completed.
2024- 03- 27 - 6:15:13 AM GMT
693
April 23, 2024 City Council Meeting - Page 2 of 2
694
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:15
Agenda Item: Update on Parking Restrictions in Heavenly Valley Neighborhoods, Heavenly Parking Agreement, and Heavenly Area Annexation
Executive Summary: On November 21, 2023, City Council voted 5-0 to approve the amended parking agreement with Heavenly Mountain Resort. At that time, Councilmember Robbins requested that City staff bring an update on how the Parking Agreement worked in the 2023-2024 ski season and on the status of the Heavenly area annexation no later than the end of May 2024. For the 2023/2024 season, the City also implemented a neighborhood parking program in the Heavenly Valley neighborhood and an update on that program is also included in this item. Feedback from the City Police Department, City Public Works Department and Heavenly Mountain Resort staff is that the neighborhood parking program, parking management and traffic safety measures implemented this winter have been effective at reducing traffic issues, congestion and vehicle accidents. Heavenly met its obligations of the parking agreement through the 2023/2024 winter season. Staff is recommending some minor modifications to on-street parking zones in the Heavenly Valley neighborhood based on feedback from residents.

Requested Action / Suggested Motions: 1) Receive updates; and 2) Pass a Resolution replacing Resolution 2023-104 to amend the seasonal or permanent no parking restrictions on certain streets in the Heavenly Valley Neighborhood.

Responsible Staff Member: Hilary Roverud, Assistant City Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report
02-Resolution 2023-104 Revisions to Heavenly Valley Neighborhood Traffic and Parking Plan 03-C-245-2023 Amendment 1 to Heavenly Parking Agreement 04-Resolution - Parking Program Revisions
05-Revised Parking Map (Exh. A to Reso)
695
Council Agenda Report April 23, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Update on Parking Restrictions in Heavenly Valley Neighborhoods, Heavenly Parking Agreement and Heavenly Area Annexation
Location: Heavenly Valley Area
Responsible Staff Member: Anush Nejad, Director of Public Works - (530) 542-6031, David Stevenson, Chief of Police – (530) 542-6120, Hilary Roverud, Assistant City Manager – (530) 542- 6024
Background: On August 8, 2023, the City Council approved the Seasonal Residential Parking Permit Program (RPPP) and No Parking restrictions along certain roadways in the Heavenly Valley neighborhood and allocated $200,000 to implement the program (Resolution 2023-074).

On November 7, 2023 the City Council made minor modifications to the program, replacing the original resolution with Resolution 2023-104 (attachment 02).

On November 21, 2023, City Council approved an amendment to the agreement with Heavenly Valley LP (now Heavenly Valley Limited Partnership d/b/a Heavenly Mountain Resort) (“Heavenly”) to allow parking on certain roadways near Heavenly to ease traffic congestion and provide additional parking for employees and visitors (“Parking Agreement”) (attachment 03). The Parking Agreement allows Heavenly to use certain roadways as overflow parking. There are additional requirements for snow plowing, sanding, payment of $54,320 annually for using City streets as overflow parking, payment of $3,500 annually for street sweeping, and one-time payment of $106,382 as reimbursement for pavement rehabilitation on Ski Run Blvd. The Parking Agreement continues from year to year unless terminated by either party upon mutual agreement or with 90 days’ notice provided between February 1 and June 1. During the agenda item approving the amended Parking Agreement, Councilmember Robbins requested that an update on the Parking Agreement and status of the City’s annexation process be provided to Council no later than the end of May 2024.

Issue and Discussion:

Neighborhood Parking Program
The Police Department reports that the Neighborhood Parking Program has been working well and has eliminated a lot of the traffic issues, congestion, and frequency of crashes experienced in previous winters.

As of March 18th, the Police Department had issued resident parking permits to 65 properties, with each property receiving 5 permits, for a total of 325 permits issues. 230 citations had been issued for vehicles being parked in violation of the new resolution, each with a $300 fine. 696
Council Agenda Report April 23, 2024 Page 2 of 3
After receiving feedback and requests from residents and an evaluation by the Police and Public Works Departments, the following modifications to the program are recommended:
 David Lane from the intersection of Ski Run Blvd to Ruby Way (No Parking on the easterly side and RPP on the westerly side)
 Saddle Road from the intersection of Ledge Ct. to the intersection of Saddle Road to the south (RPP on western side, No Parking on eastern side)  Saddle Road from the intersection of Saddle Road to intersection of Keller Road (No Parking on both sides)
 Saddle Road from the intersection of Keller Rd to Ledge Court (No Parking on the eastern side)
 Sherman Way (RPP on the westerly side, No Parking on the eastern side and around the cul-de-sac)
These changes are reflected in attachment 04, “Draft Resolution 2024-XXX, Revisions to Heavenly Valley Neighborhood Traffic and Parking Plan.” A map of the new parking plan is attached as attachment 05.

City staff is also recommending installation of additional signage in the cul-de sac of Sherman Way to clarify that area as a no parking zone.

Adopted modifications to the Neighborhood Parking Program and the additional signage would be in effect for the 24/25 winter season beginning on November 1, 2024.

Heavenly Parking Agreement
Implementation of the Heavenly Parking Agreement has been effective throughout the 2023-2024 winter season. Heavenly, City Police Department, and City Public Works Department staff have been meeting regularly and have established a text message group for immediate communications in the field. The City Public Information Officer is also included in the meetings and messaging to ensure timely communications to the public. Communications regarding chain controls, road closures, enforcement and staffing needs have enabled rapid response to coordinated preparation and implementation of road safety and parking management. City staff have also maintained updates to travel apps, such as Waze and Google, to notify the public of roadway closures. According to Police Department staff, the number of vehicle collisions and traffic safety issues have significantly decreased this year.

Heavenly has made all payments to the City as required by the Parking Agreement, and Heavenly has fulfilled its contractual obligations to conduct snow removal, sanding, and deicing on City streets as well as providing chain control staffing and signage.

According to Heavenly staff, the new parking reservation system and parking management is having a positive effect on the guest experience. 65% of guests at Heavenly making a parking reservation for California Base were not required to pay for parking because they carpooled (4+ passengers in a single vehicle). Based on surveys conducted by Heavenly, overall guest satisfaction with the arrivals and parking experience improved by 16% and compared to last year during January and February there was a 60% reduction in travel time delays at the California Base area. Additional shuttles provided by Heavenly reduced wait times, especially during 697
Council Agenda Report April 23, 2024 Page 3 of 3
weekends and peak periods. Heavenly also continues to work with local partners on supporting the Lake Link initiative.

Annexation Update
The City Manager continues to meet with representatives of Heavenly Mountain Resort and Vail Resorts corporation to discuss the proposed annexation into the City of land, including the California Base Lodge. The City Manager has requested a written response regarding Vail’s position on the proposed annexation prior to this City Council meeting, but has not yet received it as of the publication of this staff report.

Financial Implications: The Heavenly Parking Agreement includes annual payments of $54,320 to the General Fund and $3,500 to the Snow Sweeping account 245-03806.

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

Policy Implications: This project advances the City Council's Strategic Priorities and Goals related to traffic safety and neighborhood preservation. 698
Resolution 2023-104 November 7, 2023 Page 1 of 3
Resolution 2023-104
Adopted by the City of South Lake Tahoe
City Council
November 7, 2023
Establishing Seasonal or Permanent No Parking Restrictions on Certain Streets in the Heavenly Valley Neighborhoods
Replaces Resolution 2023- 074)

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

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

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

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

E. As a result of further field evaluation and feedback from residents, staff recommends adopting this amended resolution changing modifications on sections of Regina Road and Keller Road, with modifications underlined, to replace Resolution No. 2023-074. 699
Resolution 2023-104 November 7, 2023 Page 2 of 3
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Establishes no parking areas from November 1 to May 1, or maintains permanent no parking areas where such areas already exist, with Residential Permit Parking permitted where noted, on the following streets and segments of streets:
a. Bridle Road (RPP on the northerly side and No Parking on southerly side) b. Bonita Road (No Parking on the northerly side and RPP on the southerly side) c. Donner Lane (RPP on the westerly side and No Parking on the easterly side) d. Keller Road from intersection with Sherman Way to intersection with Saddle Road No Parking on easterly side and southerly side)
e. Keller Road from intersection with Saddle Road to intersection with Regina ( RPP on northerly side (450 feet west of Saddle) and No Parking on southerly side) f. Keller Road from intersection with Regina Road to intersection with Markoffer Way No Parking both sides) and from the intersection with Sherman Way to the intersection with Saddle Road ( No Parking on the westerly side and RPP on the easterly side)
g. Knoll Lane (RPP on easterly side and No Parking on westerly side) h. Logroad Place ( No Parking both sides)
i. Lucinda Court ( RPP on westerly side and No Parking on easterly side) j. June Way (No Parking both sides)
k. MacKedie Way (No Parking both sides)
l. Needle Peak Road from intersection with Keller Road to intersection with Wildwood Avenue ( RPP on southerly side and No Parking on northerly side) m. Overlook Court (No Parking both sides)
n. Regina Road from the intersection with Ski Run Blvd to Keller Road (RPP on the easterly side and No Parking on the westerly side)
o. Saddle Road from intersection of Saddle to Keller Road (No Parking both sides) p. Saddle Road from intersection of Keller Road to Wildwood Avenue ( No Parking both sides)
q. Saddle Road from intersection of Wildwood Avenue to Ski Run Blvd (No Parking on southerly side)
700
Resolution 2023-104 November 7, 2023 Page 3 of 3
r. Saddle Road from intersection of Ski Run Blvd to end (No Parking both sides) s. Sherman Way (No Parking both sides)
t. Ski Run Boulevard from intersection of Pioneer Trail to David Lane (No Parking both sides)
u. Ski Run Boulevard from intersection of MacKedie Way to intersection of Saddle Road No Parking both sides)
v. Timber Lake Place ( No Parking both sides)
w. Terrace Drive ( No Parking both sides)
x. Wildwood Avenue from intersection with Saddle Road to intersection with Overlook Court (No Parking both sides)
y. Wildwood Road (No Parking both sides)
z. Woods Avenue ( No Parking both sides)
a.a. Verdon Lane ( RPP on the westerly side and No Parking on the easterly side)

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

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

Yes: Creegan, Bass, Friedrich, Wallace, Robbins
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 ( Nov 8, 2023 11: 23 PST)
Cristi Creegan ( Nov 9, 2023 09: 46 PST)
Cristi Creegan Nov 9, 2023
701
Resolution 2023-104 Revisions to Heavenly
Valley Neighborhood Traffic and Parking Plan
Final Audit Report 2023- 11-09
Created: 2023- 11-08
By: Michelle Davis ( medavis@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAtaJbBoIaUXalVscWNFyZVCC7zXSgK2Vh Resolution 2023-104 Revisions to Heavenly Valley Neighborho od Traffic and Parking Plan" History
Document created by Michelle Davis ([email protected]) 2023- 11- 08 - 7:21:07 PM GMT
Document emailed to Sue Blankenship ([email protected]) for signature 2023- 11- 08 - 7:21:46 PM GMT
Document e-signed by Sue Blankenship ( sblankenship@cityofslt. us) Signature Date: 2023- 11-08 - 7:23:39 PM GMT - Time Source: server Document emailed to [email protected] for signature 2023- 11- 08 - 7:23:45 PM GMT
Email viewed by [email protected]
2023- 11- 09 - 5:45:54 PM GMT
Signer [email protected] entered name at signing as Cristi Creegan 2023- 11- 09 - 5:46:04 PM GMT
Document e-signed by Cristi Creegan ([email protected]) Signature Date: 2023- 11-09 - 5:46:06 PM GMT - Time Source: server Agreement completed.
2023- 11- 09 - 5:46:06 PM GMT
702
1 CITY OF SOUTH LAKE TAHOE

FIRST AMENDMENT TO

HEAVENLY PARKING AGREEMENT
This First Amendment to the City of South Lake Tahoe – Heavenly Parking Agreement First Amendment”) is entered into and effective as of the 21st day of November 2023 by and between the City of South Lake Tahoe, a municipal corporation (“ City”), and Heavenly Valley Limited Partnership, a Nevada Limited Partnership, d/b/a/ Heavenly Mountain Resort Heavenly”). The City and Heavenly are sometimes referred to herein individually as a “ Party” or collectively as the “ Parties.”

RECITALS
A. On October 1, 2013, the City entered into that certain City of South Lake Tahoe – Heavenly Parking Agreement (“ Agreement”) with Heavenly allowing Heavenly’ s use of certain onstreet parking during peak visitor days in the vicinity of the California Main Lodge in exchange, in part, for $20,000 per year.

B. The Parties now desire to alter the Agreement’ s terms to increase the annual payment and make other changes as set forth below, with all other terms of the Agreement remaining unchanged.

AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals (which are incorporated into this First Amendment by reference), the mutual covenants set forth herein, and for other good and valuable consideration, receipt of and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Definitions. All capitalized terms used in this First Amendment but not otherwise defined herein shall have the meanings set forth in the Agreement.

2. Locations of On-Street Parking. Section 2 of the Agreement is hereby deleted in its entirety and replaced with the following:

2. Locations of On-Street Parking.

Heavenly agrees to pay the City by January 31 of each year for the current ski season, the sum of $54,320 for the use of the following sites for on-street parking:

A. Angle parking spaces on the east side of Ski Run Boulevard and parallel parking on the west side of Ski Run Boulevard between David Lane and Needle Peak Road, except for the chain control area as shown on Exhibit A, which is attached hereto and incorporated by reference.

B. Angle parking spaces on the east side of Ski Run Boulevard and parallel parking on the west side of Ski Run Boulevard between Needle Peak Road and Regina Road, as shown on Exhibit A.

C-245-2023 703
2 C. Parallel parking spaces on the north side of Saddle Road between Wildwood Avenue and Ski Run Boulevard, as shown on Exhibit A.

D. Parallel parking spaces on the west and north sides of Keller Road between Saddle Road and Sherman Way, as shown on Exhibit A.

Exhibit A shows the locations of on-street parking spaces that Heavenly will use.

3. Snow Removal and Application of Deicer and Abrasives on City Streets. Section 3 of the Agreement is hereby deleted in its entirety and replaced with the following::

3. Snow Removal and Application of Deicer and Abrasives on City Streets.

In order to assist the City with timely snow removal and application of deicer and abrasives on the streets that are covered by the Agreement, snow removal, sanding, and deicing will be primarily performed by Heavenly, using its own equipment, on the following roads:

Lower Ski Run between Needle Peak Road and Pioneer Trail, Wildwood Avenue between Needle Peak Road and Saddle Road, and Needle Peak Road between Ski Run Boulevard and Wildwood Avenue.

On days that street parking will be utilized, snow removal, sanding, and deicing will be primarily performed by Heavenly, using its own equipment, on the following roads:

Saddle Road between Ski Run Boulevard and Wildwood Avenue, Keller Road above Saddle Road to Sherman Way, and
Upper Ski Run Boulevard between Needle Peak Road and Regina Road.

Heavenly shall use its best efforts to communicate its intent to remove snow and apply deicer and abrasives. Heavenly, the South Tahoe Public Works Department, and South Tahoe Police Department representatives will meet every two weeks when Heavenly is in winter operations to discuss snow removal and sanding plans as well as collaborative preparation for storm cycles and peak visitation periods. Special meetings may also be requested by any of the aforementioned stakeholders to coordinate preparations for storm events or peak visitation periods.

A. Heavenly will pay to the City a flat fee of $3,500. 00 annually for street sweeping to recover abrasives that either Heavenly or the City has put down on the streets.

B. By the fifteenth (15th) day of each month between November and April, Heavenly will report monthly to the City, in a mutually agreeable format, the amount and location of deicer and abrasives that it has put down.

C. Heavenly shall reimburse the City for the cost of any road repair work required as a result of damage caused by Heavenly’ s negligent use of its snow removal or deicer equipment within thirty (30) days from Heavenly’ s receipt of the undisputed invoice from the City showing repairs performed and monies due.

In the event of dispute over the nature of the charges or the reasonableness of the cost of the repair work invoiced, the dispute shall be submitted to the City Council of South C-245-2023 704
3 Lake Tahoe for resolution. The decision of the City Council shall be final and binding on all Parties.

4. Duration of Agreement. Section 6 of the Agreement is hereby deleted in its entirety and replaced with the following:

6. Duration of Agreement.

The Agreement shall continue from year to year from the Effective Date, unless terminated as provided herein. The Agreement may be terminated as follows:

A. The City and Heavenly shall have the right to terminate the Agreement, with or without cause, by providing ninety ( 90) days’ prior written notice of termination to the other Party provided; however, the right to submit such notice of termination shall be limited to the following time period: February 1 through and including June 1 of each calendar year the Agreement is in effect.

B. Notwithstanding the foregoing, the Agreement may be terminated, with or without cause, at any time by written mutual agreement of both Parties.

5. Other Heavenly Obligations. The Agreement is hereby amended by adding a new Section 8 as follows:

8. Other Heavenly Obligations
A. Heavenly agrees to pay the City by December 31, 2023, a one- time sum of $106,382. 00 to reimburse the City for a portion of the Ski Run Boulevard pavement rehabilitation project completed in 2023.

B. Heavenly shall provide sufficient personnel to manage the on- street parking in Exhibit A and to support the City’s chain control operations when chain controls are in effect.

C. Heavenly shall provide and deploy in locations to be determined in coordination with the City two (2) portable changeable message signs to alert Heavenly’ s guests of chain control requirements and parking availability.

6. Exhibit B. Exhibit B to the Agreement is hereby deleted in its entirety.

7. Ratification. All of the sections, terms, covenants, and conditions contained in the Agreement, except as modified by this First Amendment, shall remain unmodified and of full force and effect are hereby ratified and affirmed by City and Heavenly.

SIGNATURE PAGE FOLLOWS]
C-245-2023 705
4 IN WITNESS WHEREOF, the Parties have caused this First Amendment to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE
By: __________________________
Cristi Creegan, Mayor
APPROVED AS TO FORM:

Heather Stroud, City Attorney

HEAVENLY VALLEY,

LIMITED PARTNERSHIP
By: __________________________
Business License # N/A
ATTEST:

Susan Blankenship, City Clerk
CITY SEAL:

C-245-2023
Sue Blankenship (Nov 27, 2023 10:24 PST)
Cristi Creegan ( Nov 28, 2023 14: 43 PST)
Cristi Creegan
HeatherStroud (Nov 28, 2023 14:51 PST)
Tom Fortune (Nov 29, 2023 12:14 PST)
Tom Fortune
706
5 EXHIBIT A
Map of On Street Parking
See Attached)
C-245-2023 707
Woodbine
Rd
Picket
t
A
v
e
Primr o s e Rd
David Ln
Lo
n
g
Val l
e
y
Ave
F
e
r
n
R
d
Ro c
k
y
Poi
n
t
Rd
Bo
w
e
r
s
Av
e
Free
l
S
t
Lake
Rd
Spruce Ave
Oak
Ca Ave p
e
Horn
Rd
Gl
e
n
R
d
Mar
l
e
t
t
e
C
i
r
Steve
n
L
n
Tak
e
l
a
D
r
Asp
e
n
w
a
l
d
Rd
H
e
r
b
e
r
t
A
v
e
Mi
d
w
a
y
R
d
Gle n
wo
o
d
Way
iJun
per
Ave
Woodland Rd
Wi l
d
w
o
o
d
A
v
e
W
a
l
k
u
p
R
d
Ham L
n
Be
yRae
Ln
Ran c
h
o
iCr
Bo
b
b
y
G
r
e
y
Cir
S
h
e
p
h
e
r
ds
Dr
Pi
n
e
Gr
o
v
e
A
v
e
Vand
a
Lee
Way
G
i
l
m
o
r
e
L
a
k
e
R
d
Jobs P
e
a
k D r
So
n
o
r
a
Av
e
Heav
e
n
ly
V
a
l
le
y
R
d
Bridle Rd
Dot
t
S
Deer
Park
Ave
Paradise Ave
Needle Peak Rd
Sa
d
d
l
e
R
d
Black
w
oo
d
R
d
June Way
Pine Hill Rd
Over lo okCt
Azure Ave
M
o
s
s
R
d
E
c
h
o
R
d
Lucinda Ct
Le
d
g
e
Ct
He
av
e
n
s
Tr
a
i
l
Warr Rd
Lost
S
h
e
e
p
L
n
C
e
l
la
d
o
rRd
Lloyd
Av
e
Ch mpla
El
v
a
Ct
iCra g
Ave
Bria n
Ln
Fernda
le
Av
e
Clove
rd
ale
Ave
Pr
i
c
e
R
d
NebelhornCt
Frontier Ct
As
h
Ave
Fir
Ave
Deer
Ln
Ran
c
h
o
W
a
y
Bijo
u
S
t
Keller
R d
BillAv
e
D
i
c
k
L
a
k
e
R
d
Donner Ln
Figue
ro
a
L n
FawnWay
Woods Ave
Stewart Way
Osgood Ave
Alder Ave
H
e
a
t
h
e
r
L
a
k
e
R
d
MtRo
s
e
Rd
Pine
c
r
e
s
t
Ave
Forest Ave
P
e
n
i
n
s
u
Larch Ave
Aspen Ave
Birch Ave
Mono
Ln
Willow Ave
Markofer Way
tLes
r
e
t
S
Crest Rd
Terry Ln
Shirley
Av
e
Bal
Bijo u
Rd
Kn
ol
l
L
n
Red Lake Rd
Bo
i
n
t
a
Rd
P
e
n
t
a
g
o
n
Rd
Ruby Ln
Ma c
ke
d
i
e
Wa y
She
rm
a
nWa
y
Pine Rd
S
u
s
i
e
L
a
k
e
R
d
LnAlohaRdVerdon
Te rrace Dr
Hobart Rd
Regina Rd
A
n
g
o
r
a
L
a
k
e
R
d
Ti
m
b
e
r
L
n
l
Ke
l
e
r
R
d
Her
b
r
t
A
v
e
Fairw
a
y
Ave
Tree
h
a
v
e
n
D
r
C
h
o
no
k
i
s
Rd
Wi
l
d
w
o
o
d
A
v
e
Montr e a l R d
John s o
n B
lv d
Tamarack Ave
Glen
w
o
o
dWay
Fairw
a
yDr
B
l
a
c
k
w
o
o
d
R
d
Sk i
R
u
n
Bl
v
d
Needle Peak Rd
Wi
l
d
w
o
o
d
Av
e
Pione e
r Trl
Saddle Rd
50 Saddle Rd
Needle Peak Rd
Kel
l
e
r
R
d
Sk i
R
u
n
Bl
v
d
Sk i
R
u
n
Bl
v
d
50 Heavenly Cal Base Parking Plan
Cal Base
Lower Lot
Upper Lot
Tram
Angle Parking
Parallel Parking
Chain Control
Road
City Boundary
Map Extent
Lake Tahoe
0 812 4 6
Miles
Path: \\ gis\share\ Projects\ PublicWorks\ GeneralPublicWorksProjects\ GeneralPublicWorksProjects. aprx | Heavenly Cal Base Parking Plan | 4/5/2023 Chain Control
Area
Exhibit A
C-245-2023
708
C-245-2023 Amendment 1 to Heavenly Parking
Agreement
Final Audit Report 2023- 11-29
Created: 2023- 11-27
By: Michelle Davis ( medavis@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAA6GpMQI1yFFXdN1BySJvwNwE8c0rm3BSC C-245-2023 Amendment 1 to Heavenly Parking Agreement" His tory
Document created by Michelle Davis ([email protected]) 2023- 11- 27 - 6:13:26 PM GMT
Document emailed to Sue Blankenship ([email protected]) for signature 2023- 11- 27 - 6:14:25 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2023- 11- 27 - 6:23:41 PM GMT
Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023- 11-27 - 6:24:19 PM GMT - Time Source: server Document emailed to [email protected] for signature 2023- 11- 27 - 6:24:23 PM GMT
Email viewed by [email protected]
2023- 11- 28 - 10:43:26 PM GMT
Signer [email protected] entered name at signing as Cristi Creegan 2023- 11- 28 - 10:43:41 PM GMT
Document e-signed by Cristi Creegan ([email protected]) Signature Date: 2023- 11-28 - 10:43:43 PM GMT - Time Source: server Document emailed to Heather Stroud ( hstroud@cityofslt. us) for signature 2023- 11- 28 - 10:43:45 PM GMT
Email viewed by Heather Stroud ([email protected])
2023- 11- 28 - 10:51:27 PM GMT
709
Document e-signed by Heather Stroud ( hstroud@cityofslt. us) Signature Date: 2023- 11-28 - 10:51:56 PM GMT - Time Source: server Document emailed to [email protected] for signature 2023- 11- 28 - 10:51:57 PM GMT
Email viewed by [email protected]
2023- 11- 29 - 4:19:45 PM GMT
Signer [email protected] entered name at signing as Tom Fortune 2023- 11- 29 - 8:14:27 PM GMT
Document e-signed by Tom Fortune ([email protected]) Signature Date: 2023- 11-29 - 8:14:29 PM GMT - Time Source: server Agreement completed.
2023- 11- 29 - 8:14:29 PM GMT
710
Resolution 2024-XXX April 23, 2024 Page 1 of 4
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
April 23, 2024
Establishing Seasonal or Permanent No Parking Restrictions on Certain Streets in the Heavenly Valley Neighborhoods
(Replaces Resolution 2023-104)

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

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

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

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

E. As a result of further field evaluation and feedback from residents, staff recommends adopting this amended resolution changing modifications on sections of David Lane, from Ski Run Blvd to Ruby Way, Sherman Way, and Saddle Road between Sherman Way and Keller Road, with modifications underlined, to replace Resolution No. 2023- 104.
711
Resolution 2024-XXX April 23, 2024 Page 2 of 4
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

Establishes no parking areas from November 1 to May 1, or maintains permanent no parking areas where such areas already exist, with Residential Permit Parking permitted where noted, on the following streets and segments of streets and as shown in Exhibit A:
a. Bridle Road (RPP on the northerly side and No Parking on southerly side) b. Bonita Road (No Parking on the northerly side and RPP on the southerly side) c. David Lane from the intersection of Ski Run Blvd to Ruby Way (No Parking on the easterly side and RPP on the westerly side)
d. Donner Lane (RPP on the westerly side and No Parking on the easterly side) e. Keller Road from intersection with Sherman Way to intersection with Saddle Road at the CA Base Parking Lot (No Parking on easterly side and southerly side) f. Keller Road from intersection with Saddle Road to intersection with Regina (RPP on northerly side (450 feet west of Saddle) and No Parking on southerly side g. Keller Road from intersection with Regina Road to intersection with Markoffer Way (No Parking both sides) and from the intersection with Sherman Way to the intersection with Saddle Road (No Parking on the easterly side and RPP on the westerly side)
h. Knoll Lane (RPP on easterly side and No Parking on westerly side) i. Logroad Place (No Parking both sides)
j. Lucinda Court (RPP on westerly side and No Parking on easterly side) k. June Way (No Parking both sides)
l. MacKedie Way (No Parking both sides)
m. Needle Peak Road from intersection with Keller Road to intersection with Wildwood Avenue (RPP on southerly side and No Parking on northerly side) n. Overlook Court (No Parking both sides)
o. Regina Road from the intersection with Ski Run Blvd to Keller Road (RPP on the easterly side and No Parking on the westerly side)
p. Saddle Road from the intersection of Ledge Ct. to the intersection of Saddle Road to the south (RPP on western side, No Parking on eastern side) 712
Resolution 2024-XXX April 23, 2024 Page 3 of 4
q. Saddle Road from the intersection of Saddle Road to intersection of Keller Road to the south (No Parking on both sides)
r. Saddle Road from the intersection of Keller Rd to Ledge Court (No Parking on eastern side) s. Saddle Road from intersection of Keller Road to Wildwood Avenue (No Parking both sides)
t. Saddle Road from intersection of Wildwood Avenue to Ski Run Blvd (No Parking on southerly side)
u.Saddle Road from intersection of Ski Run Blvd to end (No Parking both sides) v. Sherman Way (RPP on westerly side and No Parking on eastern side and around the cul-de-sac)
w. Ski Run Boulevard from intersection of Pioneer Trail to David Lane (No Parking both sides)
x. Ski Run Boulevard from intersection of MacKedie Way to intersection of Saddle Road (No Parking both sides)
y. Timber Lake Place (No Parking both sides)
z. Terrace Drive (No Parking both sides)
aa. Wildwood Avenue from intersection with Saddle Road to intersection with Overlook Court (No Parking both sides)
bb. Wildwood Road (No Parking both sides)
cc. Woods Avenue (No Parking both sides)
dd. Verdon Lane (RPP on the westerly side and No Parking on the easterly side) Adopted by the City of South Lake Tahoe City Council on April 23, 2024, by the following vote:

Yes:

No:

Absent:

Abstain:

Date:

Cody Bass, Mayor
Attest:

Susan Blankenship, City Clerk
713
Resolution 2024-XXX April 23, 2024 Page 4 of 4
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
714
Regina Rd
Saddle Rd
Woods Ave
June Way
Wildwood Ave
Regina Rd
Needle Peak Rd
Verdon Ln
Terrace Dr
Lucinda Ct
Overlook Ct
Donner Ln
Knoll Ln
Keller Rd
Keller Rd Keller Rd Keller Rd
Keller Rd
Bonita Rd
Bridle Rd
Mackedie Way
Wildwood Rd
Private Rd
Ski Run Blvd
Needle Peak Rd
Ski Run Blvd
David Ln
Ruby WayWildwood Ave
Stewart Way
Markoffer Way
Pioneer Trail
Pioneer Trail
Pioneer Trail
Saddle Rd
Saddle Rd Bonita Rd
Crest Rd
Timber Ln
California Base
Parking Lot
Terry Ln
Spruce Ave Spruce Ave
Willow Ave
Tamarack Ave
Sonora Ave
Wildwood Ave
Birch Ave
Larch Ave
Aspen Ave Steven Ln
Figueroa Ln
Brian Ln
Lost Sheep Ln
Larch Ave
Pine Hill Rd
Sherman Way
Saddle Rd
Saddle Rd
Ledge Ct
Sterling Ct
Ski Run Blvd
Rocky Point Rd
Heavenly Area
Parking Restrictions
0 500 1,000 1,500
Feet
Path: \\gis\share\Projects\Police\GeneralPoliceProjects\GeneralPoliceProjects.aprx | Heavenly Area Parking Restrictions | 4/4/2024 No Parking (Permanent & Seasonal)
Residential Parking Permit (Seasonal)
Road
Parking Lot
715
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:16
Agenda Item: Chateau at the Village Project Update and Appropriation of Funds for Economic Development and Real Estate Consultant Services
Executive Summary: The City Council received a presentation on the history and status of the Chateau and Zalanta projects at their September 12, 2023 meeting. At that meeting the City Council directed staff to pursue financial incentives, enforcement actions and all avenues to development of the project area.

The City Council will be provided an update on continued efforts to implement the direction through City Code enforcement, discussions with the current property owner’s representative, and research into additional strategies to address the property. Staff is recommending engaging a financial and real estate consultant to provide development and financing options to complete the project.

Requested Action / Suggested Motions: Pass a Resolution appropriating $100,000 from available General Fund Undesignated Excess Reserves for the purpose of funding economic development and real estate consulting services.

Responsible Staff Member: Hilary Roverud, Assistant City Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01-Staff Report.docx
02 - Resolution Appropriating Budget.docx
716
Council Agenda Report- April 23, 2024 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Chateau at the Village project update
Location: 4139 Lake Tahoe Blvd
Responsible Staff Member: Hilary Roverud, Assistant City Manager Background: City Council Strategic Plan Action Item 4.2.2 prioritizes the development of the “Hole in the Ground” site as a way of supporting and attracting visitors to the Stateline core. The site was originally planned as “Redevelopment Project 3” and has been partially developed as the “Chateau at the Village” and “Zalanta” projects.

The City Council received a presentation on the history and status of the Chateau and Zalanta projects at their September 12, 2023 meeting. At that meeting the City Council directed staff to pursue direct financial contribution only to housing included in the project, a commitment to fee reductions, infrastructure and financing districts including bond sale options, enforcement actions, and to pursue a development agreement with performance bond and strict timelines for development and structural engineer assessment of the parking area and pursue all avenues to development of the project area.

Issue and Discussion:

This report is being provided as an update to the City Council. City staff continues to implement the direction through City Code enforcement, discussions with the current property owner’s representative, and research into additional strategies to address the property.

The property is owned by Tahoe Chateau Land Holding, LLC. Xiao Chen is listed as the agent for Tahoe Chateau Land Holding, LLC and documents submitted with the most recent building permit application indicates that the president is Hang Chen. The project contractor is DL Propriis Construction Inc. and Yin (Carlson) Chan is the Chief Executive Officer and agent for DL Propriis Construction.

Construction of Phase 3, 16 hotel/condominium units above the existing retail spaces, continued through the Fall and beginning of Winter, however progress is now at a standstill. Building B (east side) is under a City issued Stop Work Notice, pending weatherproofing, with construction allowed to continue after the winter season. Vertical construction continued on Building A (west side) until Propriis informed the City that after a CalOSHA inspection they were notified that the scaffolding is required to be higher to protect workers. Mr. Chan has indicated that all scaffolding was removed and construction halted until they identify a new scaffolding provider and weather conditions improve.
717
Council Agenda Report- April 23, 2024 Page 2 of 4
Leaking into retail tenant spaces below the construction has been occurring intermittently throughout the construction. The City has issued a total of 32 citations and a total of $16,800 in fines and $780 in administration fees for violations of City Code Section 6.15.100.I prohibiting construction damage to adjoining properties. City staff has notified Mr. Chan in writing and verbally of the need to address leaking issues associated with the project construction and the damage it is causing to the adjoining building and tenant’s spaces.

City staff met with Mr. Chan on September 28, 2023 to discuss the potential buildout of the project area. Mr. Chan indicated that the owner is very interested in developing the rest of the project and prepared to submit an application in the next few months. He also expressed a willingness to explore options to incorporate housing and expanded public open space into the project. City staff met with TRPA staff to confirm the project characteristics and programing that are included in the existing permit and project changes that could potentially require an evaluation of additional environmental impacts that were not analyzed in the current EIR/EIS record. This information was provided to Mr. Chan on November 28, 2023.

A follow up meeting was held with Mr. Chan on January 30, 2024 where he again expressed interest in submitting an application soon. He indicated that he would submit information on the proposed project programing within one week. That information has not yet been submitted.

Local agents and representatives have indicated that David Chen is associated with the property ownership and City staff has attempted to reach David Chen through those channels without success.

Best practice in the pursuit of a public/private partnership that involves financial incentives and commitment to establishing a financing districts or other financing tools requires a viable project design and programming, a project pro forma and identified sources and uses of funds, demonstrated developer capability to deliver the project, and a demonstrated financial gap. Without those components, establishing the opportunity for a financial partnership and understanding of the type of appropriate financing is not feasible at this time.

As a next step, City staff recommends engaging an economic development and real estate consultant to assist in identifying feasible development concepts for the site, identifying potential funding sources, outreach and solicitation of developer proposals, evaluating developer proposals and qualifications, identifying opportunities to transfer ownership of the site (if necessary), and potentially negotiating a development agreement. Real estate finance expertise and experience in these specialty areas of public/private partnerships is important to ensure that any outcome provides a feasible and clear path to development of the site and any partner with the City on this project is qualified and positioned to deliver the project.
718
Council Agenda Report- April 23, 2024 Page 3 of 4
Generally, the consultant scope of work would include the following tasks, with additional detail on milestones and deliverables that will be included in the Request for Proposals.
 Utilize market analysis, stakeholder interviews and adopted City General Plan, Strategic Plan and Tourist Core Area Plan goals to identify financially feasible development concepts for the site, which may include public benefit uses.  Identify potential alternatives /approaches to achieve interest in the property/opportunity, including stakeholder/marketing outreach materials, as may be determined necessary, in connection with the development of the site, which may include sale and disposition of the entire site and/or portions of the site, as appropriate
 Identify potential funding sources to provide an economic development toolkit potentially containing local, state, and Federal programs, and funding opportunities. Also, evaluate special district and tax increment financing tools such as Enhanced Infrastructure Financing District (EIFD), Community Revitalization and Investment Authority (CRIA) and Community Finance Districts to fund needed infrastructure and cover municipal service costs.  Prepare a request for qualifications / proposals (RFQ/P) to seek out well qualified developers / partners for the site. Evaluate developer RFQ/Ps and negotiate economic terms for Exclusive Negotiations and Development Agreements. This task includes preparing draft agreements.
 Assist City in requesting and reviewing project-based materials as related to the transaction structure and documentation including market information and reports, sale comparables, pro forma schedules, entitlement requirements, site development, and/or similar information.
 Assist City in working with selected developer to ensure ongoing compliance with agreement terms and timing of deliverables, receipt of deposits, transaction timeframes and extensions, and schedule of performance.

Solicitation of a consultant will be conducted through a formal RFP process in compliance with the City procurement policy.

Financial Implications: Staff is requesting an appropriation of $100,000 from the General Fund Undesignated Excess Reserves to initiate the RFP process. The actual cost of the services will be determined based on proposals submitted.

Environmental Considerations: Adoption of a resolution to appropriate funds to engage an economic development and real estate consultant 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: On January 9, 2024, the City Council received a presentation on the vacant and underutilized sites inventory (Strategic Plan Action Item 4.1.1) identifying the Chateau and Sunray properties as priority sites.
719
Council Agenda Report- April 23, 2024 Page 4 of 4
The City General Plan contains Policy ED 1.17, which states:

Convention Center: The City shall prioritize assistance with completion of Redevelopment Project 3 and the public amenities and environmental improvements associated with it.

This site is within the Tourist Center Core district of the Tourist Core Area Plan, which is described as:

This district is the activity center of the Tourist Core Area Plan and intended to become a commercial, tourist and recreation destination with public gathering places, animated streets and intensive retail activity meeting the needs of both tourists and residents of the south shore. This district allows for horizontal and vertical mixed use projects with a focus on street-level active storefronts encouraging pedestrian activity. The subdistrict contains complete streets that support multi-modal transportation options. Permissible uses include tourist accommodation, retail commercial, entertainment, restaurants, recreation and mixed-use residential development.
720
Resolution 2024-XXX April 23, 2024 Page 1 of 1
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
April 23, 2024
Amending the Adopted 2023-2024 Budget and appropriating $100,000 from General Fund Undesignated Excess Reserves for the purpose of funding economic development and real estate consulting services

BACKGROUND
A. The site was originally permitted as “Redevelopment Project 3” and has been partially developed as the “Chateau at the Village” and “Zalanta” projects, however, a significant portion of the project has remained undeveloped since construction began in 2007.

B. City General Plan Policy ED 1.17 states that the City shall prioritize assistance with completion of Redevelopment Project 3 and the public amenities and environmental improvements associated with it.

C. On September 12, 2023 the City Council directed staff to pursue infrastructure and financing districts including bond sale options, enforcement actions, and a development agreement with performance bond and strict timelines for development to facilitate development of the property.

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.

2. Appropriates $100,000 from available General Fund Undesignated Excess Reserves to account number 100-01310-42020 for the purpose of funding economic development and real estate consulting services to facilitate development of the property.

Adopted by the City of South Lake Tahoe City Council on April 23, 2024 by the following vote:

Yes:

No:

Absent:

Abstain:

Cody Bass, Mayor Date:

Attest:

Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
721
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:17
Agenda Item: Local Minimum Wage
Executive Summary: At the June 20, 2023 City Council meeting, Councilmember Robbins requested that a discussion about increasing the minimum wage in the City above the state minimum wage be placed on a future agenda and Councilmember Friedrich seconded the request. The City Council will conduct a discussion and provide direction to staff whether to initiate a public process to explore a potential minimum wage ordinance or not to do so at this time.

Requested Action / Suggested Motions: Pass a Motion directing the City Manager to either: 1) initiate a public process to explore a potential local minimum wage ordinance; or 2) take no action related to establishing a local minimum wage.

Responsible Staff Member: Hilary Roverud, Assistant City Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report
722
Council Agenda Report- April 23, 2024 Page 1 of 5
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Minimum Wage
Location: Citywide
Responsible Staff Member: Hilary Roverud, Assistant City Manager Background: At the June 20, 2023 City Council meeting Councilmember Robbins requested that a discussion about increasing the minimum wage in the City above the state minimum wage be placed on a future agenda and Councilmember Friedrich seconded the request. Staff is requesting that City Council pass a motion to direct staff either to initiate a public process to explore a potential minimum wage ordinance, or not to do so at this time.

Issue and Discussion: The minimum wage in California, effective January 1, 2024, is $16.00/hour for all employers. California-based fast-food workers for chains with 60 or more locations around the nation earn at least $20 an hour beginning April 1, 2024. In June 2024, health care workers in California will earn a minimum of $18, $21 or $23 an hour, depending on what type of facility employs them and where they work.

One of the protections of the minimum wage law is an annual review of the wage rate using the U.S. Consumer Price Index for Urban Wage Earners and Clerical Workers (U.S. CPI-W). The minimum wage increases each year by the lesser of 3.5 percent, and the rate of change in the averages of the two most recent U.S. CPI-W, unless those averages are negative. If the averages are negative, there is no change in the minimum wage for the following year. The California Director of Finance must determine on or before August 1 of each year whether to adjust the minimum wage for inflation and, if so, calculate the increase.

Prior to the minimum wage reaching $15/hour, the Governor could have paused a scheduled increase for one year if certain economic or budget conditions were met (known as “off-ramps”). Off-ramps can no longer be enacted now that the minimum wage is subject to the CPI rate.

Date
Minimum Wage for Employers with
25 Employees or Less
Minimum Wage for Employers with 26
Employees or More
January 1, 2017 $10.00/hour $10.50/hour
January 1, 2018 $10.50/hour $11.00/hour
January 1, 2019 $11.00/hour $12.00/hour
January 1, 2020 $12.00/hour $13.00/hour
January 1, 2021 $13.00/hour $14.00/hour
723
Council Agenda Report- April 23, 2024 Page 2 of 5
January 1, 2022 $14.00/hour $15.00/hour
January 1, 2023 $15.50/hour $15.50/hour
January 1, 2024 $16.00/hour $16.00/hour
An employer may not use an employee's tips as a credit toward its obligation to pay the minimum wage per hour.

California voters will decide in November 2024 whether the state’s minimum wage should be increased to $18 per hour by 2025. If enacted, Initiative 21-0043A1 would increase California’s minimum wage for large employers with 26 or more employees to $18 per hour by Jan. 1, 2025, while employers with fewer employees would need to comply with the $18 threshold by Jan. 1, 2026.

Some cities and counties have adopted ordinances requiring higher minimum wages than the state’s rate.

California City and County Current Minimum Wages (1/1/2024) Locality Year
Enacted
Current
Wage
Effective
Date
Minimum Wage
for Employers
with 26
Employees or
more
Minimum
Wage for
Employers
with 25
Employees or
Less
Alameda 2018 7/1/2023 $16.52
Belmont 2017 1/1/2024 $17.35
Berkeley 2016 7/1/2023 $18.07
Burlingame 2020 1/1/2024 $17.03
Cupertino 2016 1/1/2024 $17.75
Daly City 2019 1/1/2024 $16.62
East Palo Alto 2020 1/1/2024 $17.00
El Cerrito 2015 1/1/2024 $17.92
Emeryville 2015 7/1/2023 $18.67
Foster City 2022 1/1/2024 $17.00
Fremont 2019 7/1/2023 $16.80
Half Moon Bay 2020 1/1/2024 $17.01
Hayward 2020 1/1/2024 $16.90 $16.00
Los Altos 2016 1/1/2024 $17.75
Los Angeles 2015 7/1/2023 $16.78
Los Angeles County
(unincorporated)
2015 7/1/2023 $16.90
Malibu 2016 7/1/2023 $16.90
724
Council Agenda Report- April 23, 2024 Page 3 of 5
Menlo Park 2019 1/1/2024 $16.70
Milpitas 2017 7/1/2023 $17.20
Mountain View 2015 1/1/2024 $18.75
Novato 2019 1/1/2024 $16.60 $16.04
Oakland 2014 1/1/2024 $16.50
Palo Alto 2015 1/1/2024 $17.80
Pasadena 2016; 2019
amendment
7/1/2023 $16.93
Petaluma 2019 1/1/2024 $17.45
Redwood City 2018 1/1/2024 $17.70
Richmond 2014; 2017
amendment
1/1/2023 $17.20
San Carlos 2020 1/1/2024 $16.87
San Diego 2014 1/1/2024 $16.85
San Francisco 2003; 2014
amendment
7/1/2023 $18.07
San Jose 2016 1/1/2024 $17.55
San Mateo 2016 1/1/2024 $17.35
San Mateo County
(unincorporated)
2022 1/1/2024 $17.06
Santa Clara 2015; 2017
amendment
1/1/2024 $17.75
Santa Monica 2016 7/1/2023 $16.90
Santa Rosa 2019 1/1/2024 $17.45
Sonoma 2019 1/1/2024 $17.60 $16.56
South San Francisco 2019 1/1/2024 $17.25
Sunnyvale 2014; 2016
amendment
1/1/2024 $18.55
West Hollywood 2021 7/1/2023 $19.08
*Minimum wage adopted by San Leandro in 2016 has been surpassed by State law and not included in this table.

Source: Source: UC Berkeley Labor Center. Accessed 2/1/24. https://laborcenter.berkeley.edu/inventoryof-us-city-and-county-minimum-wage-ordinances/#s-2 According to the 2022 US Census American Community Survey, 33% of the City of South Lake Tahoe’s employed population over 16 years of age work in the “arts, entertainment, and recreation, and accommodation and food services” industry category. The industry with the second highest employment is “education services, and health care and social assistance” at 15%. None of the cities that have adopted local minimum wages have an employment by industry profile with these two categories as the highest employment industries. The City of Sonoma appears to have the closest 725
Council Agenda Report- April 23, 2024 Page 4 of 5
employment profile with the largest category as “education services, and health care and social assistance” at 20.4% and the third largest category as “arts, entertainment, and recreation, and accommodation and food services” at 12.2%.

The City of Sonoma began their review and analysis of the minimum wage ordinance in 2018. In their case, a community labor coalition, North Bay Jobs with Justice, together with the North Bay Central Labor Council and the Napa-Solano Central Labor Council, had contracted with the UC Berkeley Center for Labor Research and Education (UCB Labor Center) to prepare a study of the economic impacts of $15 citywide minimum wage (by 2020) for the North Bay, including Sonoma, Marin, Napa, and Solano counties and the cities within these counties. The study included estimated effects of the wage increase on workers and businesses by industry and by various demographics. UCB Labor Center also included a review of the economic research literature on the effects of minimum wage increases on workers, employment, and business operations.

That study was presented to the Sonoma City Council in 2019. The City Council then formed a Minimum Wage Sub Committee to conduct outreach and develop policy parameters for the development of a local minimum wage ordinance. The subcommittee returned to the Council in May with recommendations and a minimum wage ordinance was adopted in June 2019.

The City of Sonoma Ordinance effectively advanced the minimum wage at a quicker rate than the State and, beginning in 2024, utilizes the Pacific Region CPI rather than the US average.

The Sonoma ordinance also provides a credit to employers providing health care up to $1.50 per hour. Similar to the State law, the Sonoma ordinance also contains an economic downturn “off ramp.” If the State implemented an “off-ramp”, the City of Sonoma’s local minimum wage ordinance would have automatically followed this State 726
Council Agenda Report- April 23, 2024 Page 5 of 5
decision. The Sonoma ordinance also includes an exemption for employers with collective bargaining agreements where a waiver is explicitly included in the agreement.

Information on the Sonoma ordinance is being provided as an example of process.

There are arguable similarities and differences between the City of Sonoma and City of South Lake Tahoe as well as differences in the economic conditions between 2018 and 2024 that would need to be analyzed for local impacts if a South Lake Tahoe minimum wage is established. If the City Council provides direction to initiate a public process to explore a potential minimum wage ordinance, staff would recommend a similar process to include:
• Citywide economic analysis of proposed minimum wage based on parameters directed by City Council
• Establishment of a Council Sub-committee
• Public outreach and engagement
In addition, for City budgeting purposes, staff would recommend conducting an analysis of financial impact to the City for an increased minimum wage, to include the costs of increasing base salaries for employees at the minimum wage, contract increases for janitorial and other contract services, public education and enforcement.

Financial Implications: Direction to initiate a public process to explore a potential minimum wage increase will incur undetermined staff time and consultant costs. A request for proposals to solicit outside expertise to conduct a Citywide economic analysis would be issued and recommendation for award of a contract and allocation of funding would be presented to the City Council.

Environmental Considerations: Adoption of this resolution 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 Strategic Plan does not contain a specific action item to evaluate a potential City of South Lake Tahoe minimum wage ordinance. If the City Council directs staff to pursue this initiative, other Strategic Plan action items will be delayed.
727
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:18
Agenda Item: Motel 6 and Sunray Motel Update
Executive Summary: The existing structures located at 2375 Lake Tahoe Boulevard (Motel 6) and 2659 Lake Tahoe Boulevard (Sunray Motel) are currently vacant. The California Tahoe Conservancy has purchased the Motel 6 property for a restoration project. Sunray Motel has been vacant and subject to ongoing administrative citations and penalties for creating a public nuisance since March 2022. At the City Council meeting on November 11, 2023, Councilmember Robbins (seconded by Councilmember Creegan) requested that staff provide an update regarding the current status of these properties and to discuss their potential as housing.

Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: Zach Thomas, Director of Development Services Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Motel 6 and Sunray Motel.docx
02 - 2659 Lake Tahoe Blvd Non Compliance Letter Jan 2024.pdf 728
Council Agenda Report April 23, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Motel 6 and Sunray Motel Update
Location: 2375 and 2659 Lake Tahoe Boulevard
Responsible Staff Member: Zach Thomas, Director of Development Services Background: This report serves to provide an update as the status of the Motel 6 and Sunray Motel properties as requested by a motion made by Councilmember Robbins and seconded by Councilmember Creegan:

Motel 6
The California Tahoe Conservancy (CTC) voted to acquire the 31-acre Motel 6 property in November 2021 for the purpose of restoring the environmentally sensitive land, but the property subsequently became the subject of a civil lawsuit in El Dorado County Superior Court, Helen Elizabeth Johnson v. Mary Anne McCall, Case No. 21CV0173. An order was issued by the court on March 18, 2024, approving the sale of the property to the CTC for $15,400,000 paid in cash. The CTC received grant funds from other resource agencies and nonprofit organizations to purchase this property, including the California Wildlife Conservation Board, Tahoe Regional Planning Agency, California Department of Fish and Wildlife, Tahoe Fund, and League to Save Lake Tahoe. The purchase was completed on March 29th. The sale process of this privately-owned parcel was managed and mandated by the Superior Court pursuant to state law.

The CTC intends to demolish the Motel 6 and Carrows buildings and restore the property as part of the Upper Truckee River watershed. To date, the CTC has not submitted plans for demolition or habitat restoration to the Development Service Department.

The City and the CTC are in communication regarding City code requirements associated with the now-vacant structures as well as the demolition process. Furthermore, there have been early staff-level discussions of entering into a Memorandum of Understanding (MOU) for the purposes of outlining details associated with the following topics:
 Timing of building demolition and site restoration
 Code requirements associated with abandoned buildings  Potential use of structure for emergency personnel training purposes prior to demolition
 Future use of Tourist Accommodation Units associated with the property 729
Council Agenda Report April 23, 2024 Page 2 of 3
Sunray Motel
Following an inspection of 2659 Lake Tahoe Boulevard property on March 8, 2022, a Notice and Order to Repair or Abate (notice) was issued. The City Building Official determined that the property contains unlawful conditions that constitute a public nuisance, and which pose a substantial danger to the health, safety, and general welfare of the occupants, the surrounding community, and the public. These unlawful conditions were found to be in violation of multiple provisions of law, including, but not limited to, the California Health and Safety Code, the California Building Standards Code codified in Title 24 of the California Code of Regulations, the California Building Code, the California Fire Code, the California Electrical Code, the California Plumbing Code, the California Mechanical Code, the International Property Maintenance Code and the South Lake Tahoe Code.

Seven inspections were conducted in 2022 between April and September, resulting in a total of $25,032.00 in administrative fines issues to the property owner. On September 20, 2022, City staff determined that the property was vacant and boarded up in order to abate previously cited substandard housing conditions. As of September 2022 the property continues to be subject to the requirements of City Code Chapter 4.65 Nuisances Consisting of Abandoned or Substantially Damaged Swelling Structures.

Pursuant to the above city ordinance, the property remains non-compliant. The fifth compliance deadline of January 24, 2024 has passed, and the current administrative penalties are listed on Attachment 2. The total outstanding fees due at the property is $46,032.00 and the sixth compliance deadline is April 24, 2024.

Issue and Discussion: The Sunray Motel continues to be a nuisance due to abandonment and substantial damage to the property. City staff continue working on mitigating the nuisance with the current city code and other regulatory codes.

Staff understands that the Sunray Motel is currently in escrow. Specific details of the escrow are unknown except that the closing date has yet to be finalized. This property is also subject to a lawsuit between the property owner and prospective buyer for a breach of contract (Sep Hines as Trustee of the Sep Hines Revocable Living Trust v. Yan Jiang et al., El Dorado County Superior Court Case No. 23CV1101).

Neither property is a viable site for a city-initiated housing project. The Motel 6 property is not for sale and the CTC has purchased it for a restoration project, specifically for the purpose of reconnecting the wetland that filters water flowing into Lake Tahoe. The CTC has publicly stated its plans to transfer the property’s development rights and coverage for future use on town center redevelopment. As stated above, City staff has been in preliminary discussions with CTC staff about the future use of these commodities and any MOU negotiated with the CTC would return to Council for approval.

The Sunray property is in a dilapidated condition and the structures appear to have reached the end of their useful life. The City does not have funds to purchase and redevelop the property for housing at this time. Should the sale to a new owner close, City staff will work with the new owner to address the code violations on the property and expedite redevelopment to get the property back into use. It is important to note that this property is within the proposed Mid-Town Area Plan boundary and its potential uses and redevelopment potential could be influenced by that planning process which is about to begin. 730
Council Agenda Report April 23, 2024 Page 3 of 3
Financial Implications: This report does not have financial implications.

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

Policy Implications: City Strategic Plan Priority 1 includes the goal of minimizing the impact our built environment has on Lake Tahoe.
731
Development Services Department
CITYOFSLT.US / (530) 542-6010
1052 Tata Lane South Lake Tahoe, CA 96150
January 25, 2024
Certified Mail: 7022 2410 0001 9431 0532
Fragranice Inc. CA Corp.
2659 Lake Tahoe Blvd.

South Lake Tahoe, CA 96150-7700

Subject: Board Up and Property Maintenance Code Violations Location: 2659 Lake Tahoe Blvd. South Lake Tahoe, CA 96150 Assessor’s Parcel Number: 031-257-007-000
Dear Property Owner:

Following an inspection of the above referenced property on March 8, 2022, a Notice and Order to Repair or Abate (Notice) was issued. The Notice informed you of a determination by the City Building Official that the parcel of real property located at the address and Assessor's Parcel Number identified above ("Subject Property") contains unlawful conditions that constitute a public nuisance, and which pose a substantial danger to the health, safety, and general welfare of the occupants, the surrounding community, and the public. These unlawful conditions were found to be in violation of multiple provisions of law, including, but not limited to, the California Health and Safety Code, the California Building Standards Code codified in Title 24 of the California Code of Regulations, the California Building Code, the California Fire Code, the California Electrical Code, the California Plumbing Code, the California Mechanical Code, the International Property Maintenance Code and the South Lake Tahoe City Code as adopted by the City. A 30-day compliance deadline, which expired on April 11, 2022, was provided to address all documented violations.

Pursuant to the above referenced Notice, follow up inspections were conducted on April 13, 2022, May 9, 2022, May 16, 2022, May 24, 2022, June 15, 2022, August 26, 2022, and September 16, 2022, resulting in a total of $25,032.00 in administrative fines issued to the property owner to date.

During a follow up inspection conducted on Tuesday, September 20, 2022, City staff determined that the property was vacant and boarded up in order to abate previously cited substandard housing conditions. However, there remains previously cited violations and conditions that constitute a public nuisance, and which pose a substantial danger to the health, safety, and general welfare of the surrounding community, and the public. The above referenced property is now subject to the requirements of City Code Chapter 4.65.
732
Development Services Department
CITYOFSLT.US / (530) 542-6010
1052 Tata Lane South Lake Tahoe, CA 96150
Chapter 4.65. Nuisances Consisting of Abandoned or Substantially Damaged Dwelling Structures. The City Code requires that boarded buildings be rehabilitated for occupancy within 90 days after written notification by the City.

The City Code further states:

No person shall allow a building designed for human use or occupancy to stand vacant for more than 90 days, unless one of the following applies:

1. The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation.

2. The building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, rent, or used as a second home.

3. The code enforcement officer or his/her designee determines that the building does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include:
a. Maintenance of landscaping and plant materials in good condition. b. Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition.
c. Regular removal of all exterior trash, debris, and graffiti. d. Maintenance of the building in continuing compliance with all applicable codes and regulations.
e. Prevention of criminal activity on the premises, including but not limited to use and sale of controlled substances, prostitution, and criminal street gang activity.

Any owner of a boarded building which remains boarded in violation of this section, or any owner of a building which remains vacant in violation of this section, shall be liable for an administrative penalty in the amount of $1,000 per building for the first violation. A second or subsequent administrative penalty shall be imposed upon any owner pursuant to this chapter if the building remains in violation of this chapter 90 days following the imposition of the first administrative penalty. Additional penalties may be imposed in each 90-day period following the imposition of an administrative penalty under this chapter. Additional penalties may be imposed so long as the violations continue. A second and any subsequent penalty shall be in the amount of $5,000. (Ord. 879 § 1).
733
Development Services Department
CITYOFSLT.US / (530) 542-6010
1052 Tata Lane South Lake Tahoe, CA 96150
Pursuant to the above city ordinance (Ord. 879 § 1). The fourth compliance deadline of January 24,2024, has past, and the property remains non-compliant.

An additional board up administrative penalty of $5000.00 has been assessed.

Administrative substandard housing fees = $25,032.00
Administrative board up penalty fee = $1000.00
Second Administrative board up penalty fee = $5000.00
Third Administrative board up penalty fee = $5000.00
Fourth Administrative board up penalty fee = $5000.00
Fifth Administrative board up penalty fee = $5000.00
Total outstanding fees now due = 46,032.00
This letter is sent as a notification to ensure that you are aware of these City ordinances. To avoid escalated enforcement, plans submittal and building permits must be obtained from the City of South Lake Tahoe by the sixth compliance deadline, or sooner.

The sixth compliance deadline is: April 24, 2024.

Sincerely,
Zachary Thomas
Director of Development Services
734
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:19
Agenda Item: Agenda Planning Calendar
Executive Summary: The attached Agenda Planning Calendar outlines a preliminary schedule for future City Council meeting agenda items.

Requested Action / Suggested Motions: A Councilmember may request that an item be placed on a future agenda. Upon the support of one (1) additional Council Member, direction shall begiven to the City Manager to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made, and/or modify the Agenda Planning Calendar as desired.

Responsible Staff Member: Joe Irvin, City Manager and Susan Blankenship, City Clerk Attachments:

APC - 04 18 2024.pdf
735
2024 Agenda Planning Calendar (Updated 04 18 2024)
Agenda Item Agenda Section
May 7, 9 a.m. City Attny/Finance Options for Elections Code 9212 Report for Vacancy Tax Initiative NB City Clerk Proclamation Recognizing May 2024 as "Military Appreciation Month" Proc City Clerk/CM Pride Month Resolution and Crosswalk Update NB City Manager Participatory Budget Survey NB
Grant Acceptance from Tahoe Fund Supporting Lake Link Electrification Consent Dev. Services Novin Predevelopment Loan Agreement Consent Mid-Town Area Plan Kickoff NB
Local Preference Analysis Professional Service Agreement NB PLHA Grant Application for Sugar Pine Village Phase 2B Consent Finance Ski Run BID to Levy Assessment for Business License Year 2024/2025 PH Fire Fire Cal Fire Severity Map Ordinance (First Reading) NB Pub Works Airport Restaurant Lease Agreement NB
Purchase of Sweepers for Public Works Consent
BAC Active Transportation Project Priorities NB
May 21, 5:30 p.m. City Clerk Tentative - Citizen Initiative - Tax on Vacant Residential Units NB Department
736
2024 Agenda Planning Calendar (Updated 04 18 2024)
City Manager EV Charging Vendor Services Consent
Award of On-Call Electrical/Structural Engineering Consent Dev Services Annual Development Rights Appraisal Report NB Finance Quarterly Budget and Financial Status Report as of March 2024 Consent Investment Portfolio Report report as of March 2024 Consent Fire Fire Cal Fire Severity Map Ordinance (Second Reading) Consent Parks Charter Fishing and Public Dock Ordinance 2021-1154 Discussion NB Public Works Award Lakeview/Harrison ADA Upgrade Consent 2024-25 CIP Recommendations NB
June 4, 9 a.m. City Attorney Ordinance Amending City Code Ch. 4.150 for 3-cart transition (first reading) City Manager Grant Acceptance from Tahoe Water Suppliers Association Consent EV Charging Parking Ordinance (First Reading) NB
Dev Services VHR TAU Requirements Discussion
Public Works Award Annual Pavement Rehab Project Consent Award of Pioneer Safety HSIP Project Consent
Contract Amend w/ Black Eagle for Annual Pavement Rehab Insp Serv Consent 737
2024 Agenda Planning Calendar (Updated 04 18 2024)
Annual CSA No.3 Public Hearing PH
June 18, 5:30 p.m.City Attorney Ordinance Amending City Code Ch. 4.150 for 3-cart transition (second reading) *CC/STRSA
City Clerk Resolution Calling for Consolidated Election - Candidates & Measures Consent City Manager Cannabis Revenue Grant Program Award Recommendations UB EV Charging Parking Ordinance (Second Reading) Consent
Dev. Services TCAP/TVAP Updates NB
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 2STRSA Consent Public Works Award of Tahoe Valley Greenbelt Phase 2 Consent Airport Signage NB
Award Lakeview and Ski Run Electrical Upgrades Consent
Award Stateline Complete Streets Planning & Design Consent Award Airport Pavement Rehab Contract Consent
Accept FAA Award for Pavement Rehab Consent
Contract Amendment with Javiation for CM Services Consent Annual SB 1 Gas Tax Measure Resolution Consent
738
2024 Agenda Planning Calendar (Updated 04 18 2024)
Aug 13, 9 a.m. City Mngr. Resolution Authorizing Transportation Development Act Claim Consent Transit JPA Update
National Community Survey Results
Barton Community Health Needs and Harm Reduction Update Finance Financial Policies Update Consent
Public Works Award Pioneer Trail Phase II Project Consent SS4A Grant Submittal Authorization Consent
Award Upper Bijou Creek Drainage Project Consent
Award High Priority Pipe Replacement Project Consent
TRPA and Rec Facilities JPA Funding for the Bijou Park Connector Award James-Eloise Drainage Upgrade Consent
Award of PSA for Dennis Machida Greenway Consent
Aug 27, 9 a.m. *Budget Workshop
Sept. 10, 9 a.m. Dev Services Review of Employee Housing Public and Business Outreach Campaign Employee Housing Signage Ordinance
Finance Investment Policy update Consent
739
2024 Agenda Planning Calendar (Updated 04 18 2024)
Sept. 24, 5:30 p.m City Clerk City Council Compensation Ordinance (First Reading) Finance Quarterly Budget and Financial Status Report as of June 2024 Consent Investment Portfolio Report as of June 2024 Consent
Oct. 22, 5:30 p.m. City Clerk City Council Compensation Ordinance (Second Reading) Conflict of Interest Code Update
Finance GAAN Limit Consent
Fiscal Year 2023-2024 Budgeted Funds Re-appropriation Consent Nov. 5, 9 a.m. TID Annual Report NB
Nov. 19, 5:30 p.m. Annual ROPS approval STRSA Consent
STRSA
Dec. 10, 5:30 p.m. Quarterly Budget and Financial Status Report as of September 2024 Consent Investment Portfolio Report as of September 2024 Consent City Clerk Records Management Policy (Updated)
City Manager Comprehensive Energy Services Contract
Municipalization of Electric Utility - Feasability Analysis Dev Services REACH Code Adoption
Unscheduled/Pending
740
2024 Agenda Planning Calendar (Updated 04 18 2024)
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 Disolution STJPPFA Consent
Parks & Rec Rec Center Fee Discussion
Public Works Hwy 50/89 Concrete/Pavement Option
741
ATTACHMENT 1
California Tahoe Conservancy
Resolution
23-12-06
Adopted: December 14, 2023
DENNIS T. MACHIDA MEMORIAL GREENWAY GRANT
Staff recommends that the California Tahoe Conservancy (Conservancy) adopt the following resolution pursuant to Government Code section 66907.7. “The Conservancy hereby authorizes staff to award a grant to the City of South Lake Tahoe for up to $800,000 for feasibility, planning, and environmental review of the next section of the Dennis T. Machida Memorial Greenway Class 1 paved shared-use trail from its current terminus at Herbert Avenue towards Ski Run Boulevard and Van Sickle Bi-State Park, and to take all other necessary steps consistent with the accompanying staff recommendation.”
I hereby certify that the foregoing is a true and correct copy of the resolution duly and regularly adopted by the Conservancy at a meeting thereof held on the 14th day of December, 2023.

In WITNESS THEREOF, I have hereunto set my hand this 14th day of December, 2023. __________________________
Jane Freeman
Deputy Director
391 742

2. The term of this Agreement is:
3/18/2024
359 743
3/19/2024
360 744

GRANT AGREEMENT
1 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
THIS AGREEMENT (Agreement) is entered into between the California Tahoe Conservancy (Conservancy) and the City of South Lake Tahoe (Grantee) effective upon the date this Agreement has been fully executed by both parties (Effective Date).

1. Scope of Agreement
The Conservancy, pursuant to its Resolution no. 23-12-06 of December 14, 2023 and Section 21000 et seq. and Section 66907.7 of the Government Code, grants to the Grantee a sum not to exceed eight hundred thousand dollars ($800,000), subject to the terms and conditions set forth below.

These funds shall be used for feasibility analysis, planning, and environmental review of the next section of the Dennis T. Machida Memorial Greenway, as described in Exhibit A (Project).

The Grantee hereby agrees to complete the Project in accordance with:
a. The terms and conditions of this Agreement;
b. The Scope of Work and Grant Schedule described in Exhibit A; and c. The Budget Detail as set forth in Exhibit B.

The Grantee shall at all times exercise responsibility over the Project.

2. Incorporation of Documents by Reference
The following exhibits and other documents are incorporated by reference into this Agreement and made a part hereof:
a. Exhibit A, Scope of Work and Grant Schedule;
b. Exhibit B, the Budget Detail;
c. Exhibit C, the Grantee's List of Assurances;
d. Exhibit D, Request for Disbursement Form;
e. Exhibit E, Eligible and Ineligible Costs;
f. Exhibit F, Reporting and Data Requirements; and
g. Exhibit G, Mandatory Insurance Provisions.

In the event of any inconsistency between or among the main body of this Agreement and the above documents, the inconsistency shall be resolved, except as otherwise provided herein, by giving precedence in the following order: (1) the body of the Agreement; (2) the Scope of Work and Grant Schedule; (3) the Budget Detail; (4) the List of Assurances; (5) the Eligible and Ineligible Costs; (6) the Mandatory Insurance 361 745

GRANT AGREEMENT
2 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
Provisions; (7) the Reporting and Data Requirements; and (8) the Request for Disbursement Form.

3. Scope of Work
The Scope of Work, Exhibit A, describes the tasks and deliverables funded by this grant.

The Scope of Work may be modified upon Grantee's submission of a modified Scope of Work and the Executive Director's (or designee’s) written approval.

4. Other Contractors
Nothing in this Agreement shall create any contractual relationship between any third party contractor and the Conservancy.

5. Publicity and Acknowledgment
Grantee agrees that it will acknowledge the Conservancy's support whenever work funded in whole or in part by this Agreement is publicized in any news media, brochures, articles, seminars, or other type of promotional material.

6. Copies of Data, Plans and Specifications, Reports
Grantee shall provide the Conservancy with copies of all data, design plans, specifications, photographs, audio and video productions, films, recordings, reports, findings, and recommendations of every description or any part thereof, prepared under this Agreement in accordance with the Reporting and Data Requirements, Exhibit F.

All material, data, information, and written, graphic, or other work produced or developed, and formally or informally produced or delivered for or to the Conservancy under this Agreement is subject to the unqualified and unconditional right of the State of California to use, reproduce, publish, display, and make derivative use of all such work, or any part of it, for or on behalf of the Sate or to carry out State objectives, free of charge and to authorize others to do so. Upon issuance of a trademark, service mark, or patent claiming such work, the Conservancy shall be granted a perpetual, royalty-free, nonexclusive, and irrevocable license to use, reproduce, and publish the work or any part of it, and use the work or any part of it in the creation of derivative works for or on behalf of the State, or to carry out State objectives, and to grant to any third party a comparable and coextensive sublicense. If any such work is subject to copyright, Grantee will not assert its rights under copyright against the Conservancy, or against any third party, through the Conservancy, to use, reproduce, publish, create derivative 362 746

GRANT AGREEMENT
3 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
works, display, or perform the work or any part of it for or on behalf of the State or to carry out State objectives.

Grantee shall submit all electronic data collected and created under this Agreement to the Conservancy. A condition of final payment under this Agreement includes delivery of all related data in the format requested. The Conservancy reserves the right to conduct technical review of interim or final grant deliverables prior to making reimbursement or final payments.

7. Scope of Work Completion
Grantee shall complete the Scope of Work by the completion date provided in the Grant Schedule in Exhibit A. Upon completion of the Scope of Work, the Grantee shall supply the Conservancy with evidence of completion by submitting: (1) the work products specified in Exhibit A; (2) the Final Report specified in Exhibit F; and (3) a fully executed final Request for Disbursement form, Exhibit D. Within thirty (30) days of Grantee's compliance with this Section, the Conservancy shall determine whether the Scope of Work has been satisfactorily completed. If the Conservancy determines that the Scope of Work has been satisfactorily completed, the Conservancy shall issue to the Grantee a Letter of Acceptance of the Scope of Work. The Scope of Work shall be deemed complete as of the date of the Letter of Acceptance.

8. Progress Reports and Final Report
The Grantee shall submit progress reports and a Final Report consistent with Exhibit F and the Scope of Work (Exhibit A). Progress reports shall be submitted semi-annually (April and October). The Final Report shall be submitted on or before the completion date listed in the Grant Schedule as described in Exhibit A. A request for final payment should be submitted in conjunction with, but not as a portion of, the Final Report.

9. Expenditure of Funds and Allocation of Funding Among Budget Items Except as otherwise provided herein, the Grantee shall expend funds in the manner described in Exhibit B.

10.Term of Agreement; Termination
This Agreement shall take effect upon the Effective Date. The term of the Agreement shall run from the Effective Date through March 15, 2028 (the End Date) unless otherwise terminated or amended as provided herein.
363 747

GRANT AGREEMENT
4 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
Prior to completion of the grant, for any discrete component of the Scope of Work, either party may indicate its intent to terminate its obligations under this Agreement with respect to that component, for any reason, by providing the other party with sixty (60) days’ notice in writing.

In the event of termination by the Conservancy, Grantee agrees to take all reasonable measures to prevent further costs to the Conservancy under this Agreement, and the Conservancy shall be responsible for any reasonable and non-cancellable (binding) obligations incurred by Grantee in the performance of this Agreement until the date of actual termination, but in any case, not to exceed the undisbursed balance of funding authorized in this Agreement.

If, other than for reasons beyond Grantee's control, Grantee fails to complete the work in accordance with this Agreement or fails to fulfill another material term or obligation of this Agreement, Grantee shall repay to the Conservancy all amounts disbursed by the Conservancy hereunder. The Conservancy may, in its discretion, waive such repayment, in whole or in part, on the basis of Grantee's written statement of reasons. If the Executive Director (or designee) does not approve such waiver, the matter shall be referred to the Conservancy's governing board for its decision.

Following notice of intent to terminate, the Conservancy and the Grantee shall enter into a written termination agreement establishing the effective date for termination of the Scope of Work, the basis for settlement of any outstanding obligations, and the amount and the date of payment of any sums due to either party.

This Section shall not be deemed to limit any legal or equitable remedies which either party may have for breach of this Agreement.

11.Liability
The Grantee shall indemnify, and save harmless the Conservancy and its members, Directors, members, agents and employees, from any and all liabilities, claims, demands, damages, or costs resulting from, growing out of, or in any way connected with or incident to this Agreement, or the planning, design, or existence of the Project, except to the extent of, and in direct proportion to the active negligence or the intentional wrongdoing of the Conservancy, or its member(s), Director(s), agent(s) or employee(s), which arises other than from (1) a failure by the Conservancy to warn of hazards, based upon its review or inspection of the Project plans, designs, specifications or site(s), and/or (2) the omission by Conservancy to review or inspect said plans, designs, specifications or site(s).
364 748

GRANT AGREEMENT
5 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
The parties expressly acknowledge that this Agreement is an agreement for the subvention of public funds from the Conservancy to the Grantee and is not an "agreement" as that term is defined in Government Code Section 895 or a "construction contract" under Civil Code Sections 2782 or 2783. Accordingly, it is acknowledged Grantee does not, in matters arising under this Agreement, have any right to contribution and indemnity from the Conservancy and/or the State of California arising under Government Code Sections 895.2 and 895.6.

Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its Directors, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement, except such liability as results from the Conservancy's active negligence or the intentional wrongdoing of Conservancy, its member(s), Director(s), agent(s), or employee(s), and, in the case of joint negligence, is in direct proportion to the Conservancy's share of fault.

12.Insurance
Grantee shall procure and maintain insurance, as specified in Exhibit G, against claims for injuries to persons and damage to property that may arise from or in connection with any activities of the Grantee or its agents, representatives, employees, or contractors associated with the Project undertaken pursuant to this Agreement.

Grantee shall be responsible for all deductibles in all Grantee’s insurance policies.

As an alternative, with the written approval of the Conservancy’s Executive Director (or their designee), the Grantee may satisfy the coverage requirements in whole or in part through: (a) its contractors’ procurement and maintenance of insurance for work under this Agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b) the Grantee’s participation in a “risk management” plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section.

In the event that Grantee enters into an agreement or agreements with independent contractors or other third parties other than agencies of the State of California and Nevada for implementation of the Project or a portion thereof, such agreement(s) shall include a mandatory insurance provision substantially in the form of Exhibit G attached hereto. In addition, Grantee shall make reasonable efforts to assure that the Conservancy, and its members, Directors and employees are included as additional insureds under the insurance required by said Exhibit G, and that a copy of the endorsements or certificate naming them as additional insureds is furnished to the Conservancy as soon as practical. In the event the contractor or third party is unable to name the Conservancy as an additional named insured, the Grantee shall so notify the 365 749

GRANT AGREEMENT
6 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
Conservancy. Within five (5) working days thereafter the Conservancy should notify the Grantee whether the Grantee shall proceed with the Project or a portion thereof absent such provision in the insurance.

The company or companies providing such insurance shall have no recourse against the Conservancy and the State of California, and their members, Directors and employees, or any of them, for payment of any premiums or assessments under such insurance. The Conservancy shall also be provided with notice of any proposed cancellation of insurance.

In the event that the insurance coverage cannot be obtained, or is canceled or reduced below the minimums required herein, the Conservancy may in its sole discretion waive, in part or in whole, the insurance requirements set forth above; provided, however, that the Conservancy may reinstate such requirements if it determines there has been a change of circumstances.

13.Travel
Travel-related expenses may not exceed the State travel reimbursement rate in effect during the term of this Agreement. For details, see the Department of Human Resources (CalHR) Travel Reimbursements website at
http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.

The Conservancy will only reimburse Grantee for actual expenses incurred that are directly related to the performance of this Agreement. No travel outside the State of California shall be reimbursed unless approved in writing in advance by the Conservancy. Grantee shall ensure that travel costs, if any, are identified in the Budget and are tied to tasks and deliverables in the Scope of Work.

14.Audits/Accounting/Records
The Grantee shall establish an official file for the grant. The file shall contain adequate documentation of all actions that have been taken with respect to the grant Scope of Work.

Grantee shall establish separate accounting records for receipt, deposit, and disbursement of all grant funds. All funds received by the Grantee shall be deposited into separate fund accounts that identify the funds and clearly show the manner of their disposition. The Grantee agrees that adequate supporting documentation shall be maintained in such detail so as to provide an audit trail which will permit tracing transactions from support documentation to the accounting records to the financial 366 750

GRANT AGREEMENT
7 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
reports and billings. The Grantee shall promptly report to the Conservancy the application for or the receipt of any new funds from other funding sources.

The Grantee shall maintain books, records, documents, and other evidence sufficient to reflect properly the amount, receipt, and disposition of all grant funds. The maintenance requirements extend to books of original entry, source documents supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, canceled checks, and related documents and records. Source documents include copies of all awards, applications, and required financial and narrative reports.

Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the award, whether they are employed full-time or parttime. Time and effort reports are also required for consultants and contractors.

Adequate supporting documentation shall be maintained in such detail so as to provide an audit trail which will permit tracing transactions from the invoices to the financial statement, to the accounting records, and to the supporting documentation.

All Grantee records relevant to the Scope of Work must be preserved a minimum of three (3) years after the final payment of the contract or the final audit, whichever is later, and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and audit by the State of California.

The State of California and the Conservancy reserve the right to call for a program audit or a financial audit at any time between the execution of this Agreement and the completion or termination of the Scope of Work. At any time, the Conservancy may disallow all or part of the cost of the activity or action determined to be not in compliance with the terms and conditions of this Agreement.

15.Independent Status of Grantee and Conservancy
The Grantee, its agent(s) and employee(s), and the Conservancy, its agent(s) and employee(s), in the performance of this Agreement, shall act in an independent capacity and not as Directors or employees or agents of the respective parties.

16.Nondiscrimination
During the performance of this Agreement, the Grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Grantee and its contractors shall comply with the provisions 367 751

GRANT AGREEMENT
8 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. The Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

This nondiscrimination clause shall be included in all contracts entered into by the Grantee for the performance of work within the scope of this Agreement.

17.Assignability
Without the written consent of the Conservancy or its successors, the Grantee's interest in, and responsibilities under this Agreement shall not be assignable by the Grantee either in whole or in part.

18.Time of the Essence
Time is of the essence as to the date upon which Grantee has agreed to complete the Scope of Work. With respect to all other dates set forth herein, Grantee shall use best efforts to accomplish the tasks on the specified date.

19.Amendment
Except as otherwise provided herein, no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement to be incorporated herein shall be binding on any of the parties hereto.

Any request to extend the term of the Agreement beyond March 15, 2028, must be submitted to the Conservancy in writing no later than November 15, 2027. Approval of any time extension (Completion Dates or term of Agreement) is at the sole discretion of the Conservancy.

20.Grant Coordinator(s)
Scott Cecchi, (or such other person(s) as the Executive Director may designate from time to time), is designated the Conservancy's Grant Coordinator for this grant. The Grantee’s officer with responsibility for administering this Agreement is the Public Works Director, or their designee.
368 752

GRANT AGREEMENT
9 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe

21.Conservancy Approvals
All actions and approvals, required to be taken by the Conservancy under this Agreement, may be taken by the Executive Director or a designee.

22.Grantee Approvals
All actions and approvals, required to be taken by the Grantee under this Agreement, may be taken by the Public Works Director, or a designee.

23.Sections and Headings
The headings and captions of the various sections of this Agreement have been inserted only for the purpose of convenience and are not a part of this Agreement and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this Agreement.

24.Severability
The provisions of this Agreement are intended to be severable, separate, and distinct from each other. If any provision hereof is determined to be invalid or for any reason becomes unenforceable, no other shall be thereby affected or impaired.

25.Entire Agreement
This Agreement, and the attached exhibits, constitutes the entire contract between the parties hereto, relating to the Scope of Work and may not be modified except by an instrument in writing signed by all parties to the Agreement.

26.Russian Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the Conservancy determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that 369 753

GRANT AGREEMENT
10 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
shall be grounds for termination of this agreement. The Conservancy shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the Conservancy.

27. Survival of Terms
The following provisions survive the expiration, termination or cancellation of this Agreement: Publicity and Acknowledgement; Copies of Data; Plans and Specifications; Reports; Liability; Audits/Accounting/Records.
370 754
1 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe

EXHIBIT A
Scope of Work and Grant Schedule
Project: Dennis T. Machida Memorial Greenway Project
Location: Linear trail planning corridor extending north from Herbert Avenue to Ski Run Boulevard and potentially beyond towards Van Sickle Bi-State Park Timeframe: 2024 – 2028
Amount: $800,000
Using this grant, the City will identify a feasible route to extend the Dennis T. Machida Memorial Greenway from Herbert Avenue to Ski Run Boulevard and possibly beyond, depending on the feasibility of doing so. The City will evaluate several potential Class 1 trail alignments and consider multi-benefit opportunities such as wildlife habitat connectivity, water quality improvements, road alignments, and school and neighborhood connections. The City will seek public input and, through the Project Technical Advisory Committee (TAC), select a preferred alignment. The City will also use the grant funding to complete environmental review pursuant to the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and Tahoe Regional Planning Agency (TRPA) requirements. This grant supports consultant contracts and City staff time needed to complete the tasks and deliverables described below.

Grant Schedule
All activities under this grant will be completed by March 15, 2028. The following table provides estimated start dates for Project subtasks. It is understood that start dates may vary from those listed, depending on progress with each subtask and other factors.

Task # Task Estimated Start Date
1 Planning and feasibility analysis

1.1 Alternatives Analysis Summer 2024

1.2 Selection of a preferred trail alignment Fall 2024

1.3 Preliminary Engineering Spring 2025

1.4 Outreach Summer 2024

1.5 Right-of-Way TBD

1.6 Permitting Strategy TBD

1.7 Meetings As needed

1.8 Consider wildlife crossing at Bijou Park
Creek
Summer 2024
2 Environmental review

2.1 Outreach Spring 2025

2.2 Environmental review Summer 2025

2.3 Meetings As needed
371 755
2 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
Tasks and Deliverables
Task 1: Planning and Feasibility Analysis
The City will advance the Project towards implementation. The City will actively manage all Project activities, including any required coordination and landowner engagement. The City will work closely with the Conservancy and the TAC.

Subtasks:

1.1 Alternatives analysis – The City will evaluate several potential Project alignments, including the Conservancy’s 2011 proposed alignment, and compare them to assess implementation feasibility. The feasibility analysis shall include engagement with applicable landowners to ensure that RightOf-Way can be secured.

1.2 Selection of a preferred trail alignment - The City will seek public input and, through the TAC, select a preferred alignment that is feasible to construct, operate, and maintain.

1.3 Preliminary engineering – The City will complete up to 60% designs for the selected alignment to support environmental analysis. If the original 2011 alignment is selected as the preferred alternative, the existing plans and environmental analysis will be updated.

1.4 Outreach - The City will outreach to relevant community organizations, agencies, the Washoe Tribe, and the public as needed or required to obtain all Project approvals needed for implementation. The City will hold at least one community meeting during the feasibility study process and will provide Spanish translation or take other steps to allow for meaningful input by Spanish speakers. Ideally, the City will hold a separate community meeting in Spanish at a time and location that is central, accessible, and welcoming to the Spanish-speaking community. The City will provide bilingual outreach for public meetings, including signage in the Project area and social media outreach. The City will invite the Washoe Tribe to sit on the Project TAC.

1.5 Right-of-Way – The City will negotiate Right-of-Way agreements with landowners as may be needed for Project implementation.

1.6 Permitting Strategy – the City will coordinate a permitting strategy with all applicable permitting agencies.

1.7 Meetings - The City will coordinate meetings with the TAC and the Conservancy as needed.

1.8 Consider wildlife crossing at Bijou Park Creek – The City, in coordination with the Conservancy, will evaluate the feasibility of including a wildlife crossing at Bijou Park Creek as part of the Project. Evaluation will include the feasibility of constructing the crossing and securing funding to support this potential Project element.
372 756
3 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
Deliverables include:

1. Digital copy of alternatives analysis products, including GIS shapefiles

2. Digital copy of selected trail alignment, including GIS shapefiles

3. Digital copy of engineered plan sheets, including selected GIS shapefiles

4. Digital copy of outreach documentation

5. Secured right-of-way agreements for the selected trail alignment

6. Meeting notes

7. Progress Reports and Final Report
Task 2: Environmental Review
Subtasks:

2.1 Outreach - The City will outreach to other entities, agencies, and stakeholders, including the Washoe Tribe, and the public regarding potential environmental impacts.

2.2 Environmental review – The City will complete all environmental review necessary to implement the selected alignment in compliance with CEQA, NEPA, and TRPA requirements.

2.3 Meetings – The City will coordinate meetings with the TAC and the Conservancy as needed.

Deliverables include:

1. Digital copy of outreach documentation

2. Administrative draft CEQA/NEPA/TRPA environmental compliance document(s), including resource surveys (as allowable), mitigation monitoring and reporting plan. This administrative draft shall be provided to the Conservancy for review and comment at least 45 days prior to public dissemination.

3. Final CEQA/NEPA/TRPA environmental compliance document(s), signed by the City and filed with the California Office of Planning and Research.

4. Meeting notes
373 757
1 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe

EXHIBIT B
Budget Detail and Payment Provisions
Project: Dennis T. Machida Memorial Greenway Project
Grant Budget
The budget has been authorized for a maximum of $800,000.

Grant Tasks Amount
Planning and feasibility analysis $500,000
Environmental review $300,000
Grant Total $800,000

1. Expenditure of Funds and Allocation of Funding Among Budget Items A. Except as otherwise provided herein, the Grantee shall expend funds in the manner described in the Grant Budget above. If necessary, the Grantee shall submit a written request to revise the dollar amount of an item which may be increased by up to ten percent (10%) in the Grant Budget through a reallocation of funds from another item(s). The Grantee shall notify the Conservancy in writing at the time of requesting any such reallocation, and shall identify both the item(s) being increased and those being decreased. For any increase of more than ten percent (10%), the Grantee must include a reasonable justification for the reallocation of funds, and shall not proceed without written approval of the change by the Conservancy.

B. Should a reallocation of the Grant Budget become necessary, the grantee must submit, in advance, a written request no later than thirty (30) days prior to the submission of an invoice requiring a budget reallocation.

2. Invoicing and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the Conservancy agrees to compensate the Grantee for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.

B. The Grantee shall request disbursement by filing with the Conservancy a fully executed "Request for Disbursement" form, using the template attached as Exhibit D, which contains:
- The invoice number;
- Grantee's name and address;
374 758
2 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
- The number of the Agreement (i.e., CTA23018L);
- The date of the submittal;
- The amount of the invoice;
- The period of time for the services invoiced;
- Contact person and phone number;
- The expenditures broken down by task as shown in Exhibit B; - The itemized documentation of all work done for which disbursement is requested, including complete timesheets and receipts; and - The signature of an official authorized by the Grantee to sign such invoices certifying that the invoiced work has been completed.

Additionally, each form shall be accompanied by:
- Any supporting invoices or other source documents from contractors hired by the Grantee to complete any portion of the Scope of Work funded under this Agreement; and
- Documentation of the completion of the portion of the Scope of Work for which disbursement of grant funds is requested.

C. Invoices shall be submitted not more frequently than monthly, but no less than quarterly, in arrears to [email protected].

D. The Final invoice must be clearly marked as “FINAL” and must be submitted no later than April 15, 2028.

E. Invoices must be received within 14 days of the date on the invoice. Invoices received more than 14 days from invoice date may be rejected and a new invoice required.

F. Invoices submitted without proper documentation or other deficiency will be disputed within 10 days of receipt of the invoice. Payment will be withheld until the deficiency is cured.

3. Costs and Disbursements
Upon determination by the Conservancy that all conditions precedent to disbursement have been fully met, the Conservancy shall disburse to the Grantee, in accordance with the approved Grant Budget, a total amount not to exceed the amount of this grant, as follows:

Disbursements of grant funds shall be made incrementally as separate components of the Scope of Work are satisfactorily completed and shall be on the basis of costs 375 759
3 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
incurred. Ten percent (10%) per invoice shall be withheld to ensure satisfactory completion of the Scope of Work.

The remaining amounts withheld shall be disbursed upon (1) Grantee's satisfactory completion of the Scope of Work, submittal of a Final Report, and a fully executed final Request for Disbursement substantially in the form of Exhibit D; and (2) final approval of the completed Scope of Work by the Grant Coordinator.

Any Request for Payment that is submitted without the required itemization and documentation will not be authorized for payment. If the payment request package is incomplete, inadequate, or inaccurate, the Conservancy will dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence because of delays in payment or other breach of the Agreement between the Grantee and the contractor, are the responsibility of the Grantee and are not reimbursable under this Agreement.

The Conservancy will make best efforts to forward each completed and approved Request for Disbursement form to the State Department of General Services or to the Office of the State Controller, as the case may be, within thirty (30) working days of receipt by the Conservancy.

4. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate or reappropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Grantee to reflect the reduced amount.

C. In the event of termination, the parties agree to take all reasonable measures to prevent further costs under this Agreement, and the Conservancy shall be responsible for any reasonable and non-cancellable (binding) obligations incurred by the Grantee in the performance of this Agreement until notice of termination. 376 760
4 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe

5. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. 377 761
1 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe

EXHIBIT C
List of Assurances
By entering into the foregoing Agreement, the Grantee assures and certifies that it will comply with Conservancy regulations, policies, guidelines, conditions, and requirements as they relate to the acceptance and use of Conservancy funds for the Scope of Work.

Also, the Grantee gives assurance and certifies with respect to the grant that:

1. Grantee possesses legal authority to apply for and receive the grant funds and that where appropriate, a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required.

2. Grantee has sufficient funds or commitments for sufficient funds to complete the Scope of Work, over and above the portion to be borne by the Conservancy.

3. Except as otherwise provided by law, Grantee will give the Conservancy, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant.

4. Grantee ensures that any publications, studies, reports, or brochures which are made possible by or derived in whole or in part from the Project shall acknowledge the assistance of the Conservancy as follows: "Funding for this project has been provided in part by the California Tahoe Conservancy."

5. Grantee will cause work on the Scope of Work to be commenced within a reasonable time after receipt of notification from the Conservancy that funds have been approved, and will carry the work to completion with reasonable diligence.

6. Grantee agrees to use licensed professionals to perform services under this Agreement where such services are called for including legal, engineering, architectural and environmental sciences, qualified and licensed in the State of California.

7. Grantee shall comply with applicable State laws which may include (1) the Public Contract Code, including the State Contract Act; (2) the payment of workers compensation and where applicable the payment of prevailing wages; (3) building and health and safety code and disabled access law; and (4) the applicable requirements of the California Environmental Quality Act.
378 762
2 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe

8. Grantee certifies that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with this Agreement shall have any personal financial interest or benefit which either directly or indirectly arises from this Agreement.

Grantee shall establish safeguards to prohibit its employees or its officers from using their positions for a purpose which could result in private gain or which gives the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family, business, or other ties.

Any individual who has participated in planning or setting priorities for a project funding solicitation or who will participate in any part of the grant development and negotiation process on behalf of the public is ineligible to receive funds or personally benefit from funds awarded through that solicitiaton.

Failure to comply with conflict of interest laws, including business and financial disclosure provisions may result in the Agreement being declared void or other legal action.

9. Grantee maintains a drug-free workplace in accordance with Government Code Section 8355 et seq., by doing all of the following:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying the actions that will be taken against employees for violations of this prohibition; (b) Establishing a drug-free awareness program to inform employees about (1) the dangers of drug abuse in the workplace; (2) the person's or organization's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations.
(c) Submitting a drug-free workplace certification California State Form STD-21; and (d) Requiring that each employee engaged in the performance of the agreement to comply with the certification.

10. Grantee will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, color, ancestry, national origin, religion, creed, age (over 40), mental disability, physical disability, sex, gender (including 379 763
3 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, and military and veteran status. Grantee shall ensure that the evaluation and treatment of our/their employees and applicants for employment are free from such discrimination and harassment. Grantee shall comply with the provisions of the Fair Employment and Housing Act (Gov Code. § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fire Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Grant Agreement by reference and made a part hereof as if set forth in full. 380 764

EXHIBIT D
Request for Disbursement
CTC Grant Agreement No: CTA23018L
Purchase Order No:

Grantee Request No.: 23018L-1
1061 Third Street Billing Period:

South Lake Tahoe, CA 96150
Submittal Date:

Line Items
Grant Allotment
(per line item of N/A)
Previous
Expenditures
to Date
(From previous invoice)
Current
Expenditures
Grant Funds Only
Total
Expenditures
to Date
+ =
% of Line Item Budget
Spent to Date
÷ Grant Allotment = %
If Applicable: Match For
This Reporting Period
Only
Planning and feasibility
analysis $500,000 $0.00 $0.00 $0.00 0.00% $0.00
Environmental review $300,000 $0.00 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 $0.00 #DIV/0! $0.00
TOTALS $800,000.00 $0.00 $0.00 $0.00 0.00% $0.00

FOR CTC STAFF
CTC Initials/Date

FOR DGS-CFS STAFF
Date Received from DWQ
Date to Accounting CTC Date Stamp DGS-CFS Date Stamp

GRANTEE SIGNATURE
Date

FOR STATE USE ONLY
Date Rev. 2-11-14
I certify that this request for disbursement, to the best of my knowledge and belief, is accurate and complete and I approve payment.

GRANT FUNDS ONLY
Total Amount Due This
Request
10% Withheld (Retention)
10% of total grant award will be held until final report is submitted, approved, and project is 100% complete.

Final Request for Disbursement
Grantee Project Director or Designated Representative
By signing this request for disbursement I certify, under penalty of law, that this document and any attachment was prepared by me or under my direction in accordance with the terms and conditions of each Grant Agreement Exhibit and, to the best of my knokwledge and belief, is accurate. I certify that any and all fees due to the California Tahoe Conservancy have been paid. I am aware that there are significant penalties for submitting false or misleading information.

Grant Manager
[email protected]

CALIFORNIA TAHOE CONSERVANCY

REQUEST FOR DISBURSEMENT TEMPLATE
(Reference Instructions on following page - Failure to follow instructions may result in non-payment)

THIS OFFICIAL REQUEST FORMAT MAY NOT BE MODIFIED
From: To:

City of South Lake Tahoe Accounts Payable
1901 Lisa Mayloff Way
South Lake Tahoe, CA 96150
California Tahoe Conservancy
381 765

EXHIBIT D
Request for Disbursement
Total Expenditures to Date: This is calculated by adding the Previous Expenditures and Current Expenditures.

If Applicable: Match Amount For This Request: COMPLETE ONLY IF MATCH IS INCLUDED IN THE GRANT AGREEMENT BUDGET. Enter the match dollars applied to this billing period.

Total Amount Due This Request: The amount due is the Total Current Expenditures.

Final Request: Check this box for final request for disbursement only.

Grantee Program Director or Designated Representative: Original signature and date (in ink).

FOR STATE USE ONLY
Grant Manager: Original signature and date (in ink).

Current Expenditures (Grant Funds Only): Enter the current grant fund charges for this billing period.

Instructions for Grant Program Request for Disbursement Information pertaining to this Grant program request for disbursement template is located in Exhibit B of the executed Grant Agreement.

FOR STATE USE ONLY
Line Item: Line Item listed per Exhibit B - Line Item Budget Grant Allotment: Amounts allotted to Line Item Budget per Exhibit B of Grant Agreement. % of Line Item Budget spent to date: Calculation of total expenditures divided by Grant Allotment. Shouldn't exceed 100%

TO BE COMPLETED BY GRANTEE/PROJECT DIRECTOR
Grant Request Number: Assign a sequential grant request for disbursement number, for example: 1, 2, 3.

Billing Period: Enter Billing Period of work performed. Example for quarterly billing: Jan 1, 2015 to Mar 31, 2015. Example for monthly billing: Jan 1, 2015 to Jan 31, 2015.

Date: Enter the Date the request is submitted.

Previous Expenditures to Date: From the last request for disbursement, enter line item amounts from "Total Expenditures to Date." If first request, enter zero (0). 382 766
1 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe

EXHIBIT E
Eligible and Ineligible Costs
In general, only costs for items within the Scope of Work and the timeframe of the grant agreement are eligible for payment. Eligible expenses may be incurred by the grantee after the agreement is fully executed.

Eligible activities and expenses include, but are not limited to:
o review of existing data
o site analysis and base mapping
o preliminary project design necessary for environmental documentation o opportunities and constraints analysis
o environmental review and documentation (including surveys and other environmental assessments)
o interagency and public coordination and consultation
o preliminary specifications and cost estimates
o pre-acquisition activities (such as obtaining title reports, appraisals, legal descriptions and initial coordination with the property owners to determine if they are willing sellers) o pre-construction monitoring related to the goals of the project o project management/administration
o preparation of contract documents
o preparation of grant-required documents
o project specifications, engineering, and cost estimates o preparation and processing of permit applications, including SWPPPs o other relevant costs approved by Conservancy staff
Ineligible activities and expenses include, but are not limited to:
o all costs incurred before effective date of the grant agreement o all costs related to the preparation and submittal of the grant application o staff time beyond administration of grant products and requirements o food, refreshments, and decorations
o marketing materials
o membership fees and associated costs for attendance at conferences o ongoing project site operations and maintenance
o travel not expressly identified in the grant budget
o per diem and mileage expenditures or at levels above State-authorized per diem amounts. Current rates are available online in chapter 700 (Travel) of the California State Administrative Manual
o funding for a purchase price above the appraised fair market value o equipment that will be used for purposes that are unrelated to the project o costs that are not substantially related to the project 383 767
1 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe

EXHIBIT F

REPORTING AND DATA REQUIREMENTS

WEBSITE ACCESSIBILITY
In accordance with California’s Assembly Bill 434, documents prepared for publication on California State agency websites must comply with Level AA success criteria found in Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium (Gov. Code, § 11546.7., 7405 and 11135). Visit the California Department of Rehabilitation website for more details:
https://www.dor.ca.gov/Home/AB434.

All deliverable documents must be submitted in Adobe PDF format, with a copy of a successful accessibility check report from Adobe Acrobat Pro CC. In addition, all original source documents (MS Office, Adobe Creative Cloud, etc.) must be delivered. For documents originating in Word, the original MS Word document in DOCX format must be provided, using the most recent version of MS Word, with a copy of a successful accessibility check report from Microsoft Word.

REPORTING ELEMENTS
· Project Name, CTA#
· Date Submitted; Reporting Period; Prepared by
· Invoice Number
· Summary of work completed during reporting period
· Discussion of any challenges or opportunities encountered · Schedule Assessment (describe extent to which project is on track with the submitted schedule)
· Financial Analysis (describe extent to which the project costs are consistent with the submitted budget)
· Draft products, reports, interim findings, or other relevant data or materials produced · Production Summary Table:

Product Scheduled
delivery date
Actual
delivery
date
Amount
expended
this period
Total amt.
expended
to date
% of total
budget
expended to
date
Percent of
task complete
Status

ANNUAL EIP REPORTING
· Grantees must submit their project to the Environmental Improvement Program (EIP) tracker (https://eip.laketahoeinfo.org/) within three months of grant agreement start date. · Consult with the Tahoe Regional Planning Agency (TRPA) on EIP reporting, tracking, and performance requirements and complete reporting requirements (as applicable).

FINAL REPORTING
· Project Name, CTA#
· Date Submitted; Prepared by
384 768
2 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
· Brief summary of the objectives of the project and how these objectives were accomplished · Findings, conclusions, data or recommendations for follow-up or ongoing activities · Financial Analysis (Final project costs for all funding sources; e.g., identify cost overruns compared to the approved budget, any cost savings, unused funding to be returned, etc.) · Statement, if applicable, of future intent of public and/or private support to maintain or further develop the project, including proposed submittal dates for future funding · Media coverage, as well as all promotional and educational materials produced · Workplan work products and data, including public and agency meeting summaries (electronic)

METADATA STANDARD
The standard for GIS metadata in the State of California will adhere to the Federal Geographic Data Committee (FGDC) Standard. Organizations are free to develop, edit and enhance their organizational metadata based on the full FGDC standard, but as a minimum, the California Minimum Metadata Data Standard will provide organizations that ability to comply and document GIS data with the elements outlined below.

The FGDC Standard and the California Minimum Metadata Standard will apply to all authoritative and finalized GIS data products – to include both Raster and Vector data formats.

Abstract: Briefly describe what the dataset is about (who, what, where, when). Include any limitations of the dataset, assumptions made, and if there is anything special that the user of these data should be aware of.

Name: Uniquely identifies the dataset
Purpose: Briefly describe why the dataset was created.

Date: The date or range of dates when the data were gathered, or the date the photos, maps or other items at the core of the data set, were created.

Contact: Contact information for an individual or organization that is knowledgeable about the data set. Include:

Organization’s Name: Program, administrative unit, and agency, company, or group name Telephone Number: Including Area Code
E-Mail address: (Generic email address)
Field Definitions: List and define each field,
Abbreviation Definitions: For any field that contains numeric or alphabetic codes (e.g., SAC = Sacramento County), list each code/abbreviation and provide an unabbreviated definition.

Access/Use Constraints: Is there a need to limit who has access to see or read this dataset? If so, specify. If not, put “None”. Also include how the data should be cited, if you want something specific.

Distribution: Define distribution constraints. Also designate the location of the data. If the data is distributed as a web service or end point, provide the url or link to the service 385 769
3 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
Progress: Complete or Incomplete.

Update Frequency: Possible values are: Continually, Daily, Weekly, Monthly, Annually, Unknown, As Needed, Irregular, None Planned, or …..

Projection: What is the Projected Coordinate System name? Please define the complete projection information for your data here Datum Which Datum is the projection in?
NAD83 (GCS_North_American_1983) (preferred)
NAD27 (GCS_North_American_1927)
WGS84 (WGS_1984)
ISO Topic Category and Category Code:

Farming 001
Biota 002
Boundaries 003
Climatology/ Meteorology/ Atmosphere 004
Economy 005
Elevation 006
Environment 007
Geoscientific Information 008
Health 009
Imagery/BaseMaps/ EarthCover 010
Intelligence/Military 011
Inland Waters 012
Location 013
Oceans 014
Planning / Cadastre 015
Society 016
Structure 017
Transportation 018
Utilities / Communication 019
Keywords: keyword tags that define the data. Example: Forest Cover – trees, canopy, woodland, coniferous, etc…
386 770
1 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe

EXHIBIT G

MANDATORY INSURANCE PROVISIONS
Does not apply to State of California and Nevada Departments – Applies to ALL Subcontractors INSURANCE. Throughout the time period of this agreement, the CONTRACTOR shall provide the following minimum insurance coverage as listed below. Contemporaneous with the signing of this agreement, the CONTRACTOR shall file with a Certificate of Insurance, with a Best's Rating of no less than A:VII for Professional Liability Insurance and A:V for all other insurance showing. Documentation of such rating shall be provided at the same time Insurance Certificates are submitted.

In the event any policy is canceled prior to the completion of the project and the CONTRACTOR does not furnish a new certificate of insurance prior to cancellation, the insurance shall be obtained on Contractor’s behalf and the cost of the premium(s) shall be deducted from contract monies due the CONTRACTOR.

Worker's Compensation and Employers Liability Insurance:

By their signature hereunder, as CONTRACTOR, each person signing this agreement on behalf of the CONTRACTOR certifies that he or she is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and he or she will comply with such provisions before commencing the performance of the work of this contract.

If such insurance is underwritten by any agency other than State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

Worker's Compensation Insurance shall be provided as required by any applicable law or regulation. Employer's liability insurance shall be provided in amounts not less than ONE MILLION DOLLARS ($1,000,000) each accident for bodily injury by accident, ONE MILLION DOLLARS ($1,000,000) policy limit for bodily injury by disease, and ONE MILLION DOLLARS ($1,000,000) each employee for bodily injury by disease.

If there is an exposure of injury to CONTRACTOR’S employees under the U.S. Longshoremen's and Harbor Worker's Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.

Each Worker's Compensation policy shall be endorsed with the following specific language:

Cancellation Notice - "This policy shall not be canceled or materially changed without first giving thirty (30) days' prior written notice to California Tahoe Conservancy" CONTRACTOR shall require all SUBCONTRACTOR to maintain adequate Workers’ Compensation insurance. Certificates of Workers' Compensation shall be submitted upon demand.

387 771
2 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
General Liability Insurance:

CONTRACTOR shall maintain Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:
(1) Contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement.

One of the following forms is required:
(1) Comprehensive General Liability;
(2) Commercial General Liability (Occurrence); or
(3) Commercial General Liability (Claims Made).

If CONTRACTOR carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:
♦ TWO MILLION DOLLARS ($2,000,000) each occurrence
♦ TWO MILLION DOLLARS ($2,000,000) aggregate
If CONTRACTOR carries a Commercial General Liability (Occurrence) policy:
(1) The limits of liability shall not be less than:
♦ TWO MILLION DOLLARS ($2,000,000) each occurrence (combined single limit for bodily injury and property damage)
♦ TWO MILLION DOLLARS ($2,000,000) Personal Injury Liability ♦ TWO MILLION DOLLARS ($2,000,000) for Products-Completed Operations ♦ TWO MILLION DOLLARS ($2,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be THREE MILLION DOLLARS ($3,000,000).

Special Claims-Made Policy Form Provisions:

CONTRACTOR shall not provide a Commercial General Liability (Claims Made) policy without the express prior written approval which consent, if given, shall be subject to the following conditions:
(1) The limits of liability shall not be less than:
♦ TWO MILLION DOLLARS ($2,000,000) each occurrence (combined single limit for bodily injury and property damage)
♦ TWO MILLION DOLLARS ($2,000,000) aggregate for Products Completed Operations
♦ TWO MILLION DOLLARS ($2,000,000) General Aggregate
388 772
3 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
(2) The insurance coverage provided by CONTRACTOR shall contain language providing coverage up to six (6) months following the completion of the contract in order to provide insurance coverage for the hold harmless provisions herein if the policy is a claims-made policy.

Conformity of Coverage:

If more than one policy is used to meet the required coverage, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all polices shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved as noted above. In no cases shall the types of policies be different.

Endorsements:

Each Comprehensive or Commercial General Liability policy shall be endorsed with the following specific language:
1) “_____________ and the State of California, California Tahoe Conservancy, its officers, agents, employees, and volunteers are to be covered as insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement."
2) "The insurance provided by the CONTRACTOR, including any excess liability or umbrella form coverage, is primary coverage with respect to any insurance or selfinsurance programs maintained by _________ and no insurance held or owned by the California Tahoe Conservancy shall be called upon to contribute to a CONTRACTOR loss. This policy shall not be canceled or materially changed without first giving thirty (30) days' prior written notice to California Tahoe Conservancy.

Additional Liability Insurance
CONTRACTOR . shall maintain automobile liability insurance covering bodily injury and property damage in an amount no less than two million dollars ($2,000,000) combined single limit for each occurrence.

Covered vehicles shall include owned, non-owned, and hired automobiles, trucks, and other vehicles.

Additional Requirements
Premium Payments: The insurance companies shall have no recourse against the California Tahoe Conservancy and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
389 773
4 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
Policy Deductibles: The CONTRACTOR shall be responsible for all deductibles in all of CONTRACTOR’S insurance policies. The amount of deductibles for insurance coverage required herein should be reasonable and subject to Grantor approval.

CONTRACTOR’S Obligations: CONTRACTOR’S indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.

Material Breach: Failure of the CONTRACTOR to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.
390 774

← All documents from this meeting