South Lake Tahoe City Council
June 4, 2024

CITY OF SOUTH LAKE TAHOE CITY
CLERK
[email protected]
(530) 542-6005

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Notice ID: nuKzdDe4a3ZF6F3emUkN | Proof Updated: May. 14, 2024 at 08:58am PDT Notice Name: PH - Service Area 3 Snow Removal Equipment This is not an invoice. Below is an estimated price, and it is subject to change. You will receive an invoice with the final price upon invoice creation by the publisher.
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1028
PH - Service Area 3 Snow Removal Equipment - Page 2 of 2 1029
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 4, 2024
Agenda Item #:13
Agenda Item: Ratification of Heavenly Parking Agreement Termination, Amendment to Parking Restrictions in Heavenly Valley Neighborhoods, and Appropriation of Funds for Parking Enforcement Measures
Executive Summary: After receiving an update on the Parking Agreement at the April 23, 2024 meeting, the City Council directed staff to bring back an agenda item to terminate the Parking Agreement, implement additional parking restrictions in neighborhood and install barricades to prevent parking along Ski Run Blvd. Due to the cancellation of the May 21 City Council meeting and the June 1 deadline to terminate the Parking Agreement ahead of the 2024-2025 winter season, the Notice of Termination has already been issued. City Council will be asked to ratify the Notice of Termination, discuss amendments to the neighborhood permit parking program, and consider appropriating funds to cover costs of flashing beacons, signage, and barricades for implementation.

Requested Action / Suggested Motions: 1) Pass a Motion ratifying the issuance of a Notice of Termination to Heavenly Valley Limited Partnership and terminating the Parking Agreement 90 days from the notice issuance date; 2) Pass a Resolution replacing Resolution 2024-049 to amend the seasonal or permanent no parking restrictions on certain streets in the Heavenly Valley Neighborhood; and either: 3(a) Pass a Resolution appropriating $310,000 from available General Fund Undesignated Excess Reserves for the purpose of funding chain control beacons, restricted parking zone signage and barricades; or, 3(b) Pass a Motion to direct staff to implement an alternative parking enforcement option through signage, stripping and enforcement conducted by the Police Department, utilizing budget savings in the project account
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 2024-049 Heavenly Valley Parking Restrictions 03-C-245-2023 Amendment 1 to Heavenly Parking Agreement 04-Resolution No Parking Zones
05-Exhibit A to Resolution for No Parking Zones
06-Resolution Appropriating Budget
07-Termination of Parking Agreement Heavenly Response
1030
Council Agenda Report June 4, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: June 4, 2024
Title: Termination of Heavenly Parking Agreement, Amendment to Parking Restrictions in Heavenly Valley Neighborhoods and Appropriation of Funds for Parking Enforcement Measures
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 and April 23, 2024 the City Council made minor modifications to the program, replacing the original resolution with Resolution 2024-049 (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 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. After receiving an update on the Parking Agreement at the April 23, 2024 meeting, the City Council directed staff to bring back an agenda item to terminate the Parking Agreement, implement additional parking restrictions in the neighborhood and install barricades to prevent parking along Ski Run Blvd.

Issue and Discussion:

Heavenly Parking Agreement
The Parking Agreement includes the following provisions for termination:

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.

The recommendation includes a motion to direct staff to issue a Notice of Termination to Heavenly Valley Limited Partnership and terminate the Parking Agreement 90 days from the notice issuance 1031
Council Agenda Report June 4, 2024 Page 2 of 3
date. Due to the cancellation of the May 21st Council meeting and the June 1 deadline for issuing the Notice of Termination, City staff issued the Notice of Termination to Heavenly prior to June 1st. The City Council action is to ratify the issuance.

The Parking Agreement included an obligation for Heavenly to provide staffing at chain control checkpoints, however, the Police Department recommends retaining the chain control to be implemented when necessary and at the discretion of the Police Department. Installation of flashing light beacons and signage is recommended in place of continuous staffing. Vehicles found to be in violation could be issued a citation. The estimated cost of the beacons and signage is $30,000. City staff would complete the installation.

Neighborhood Parking Program
The attached resolution (attachment 04) includes amendments to the Heavenly Valley Neighborhood Parking Program to identify areas previously included in the Parking Agreement for use by Heavenly as No Parking or Permit Parking Only zones. On August 15, 2023 the City Council allocated $180,000 to the Heavenly Falley Traffic Safety for purchasing and installing signs necessary for the Heavenly Residential Parking Permit Program. $50,000 of those funds remain unused.

Parking Barricades
New No Parking and Permit Parking zones in locations previously used by Heavenly on Saddle and Keller Roads would be enforced by the Police Department through citations and potential vehicle towing like the rest of the neighborhood streets.

To barricade both sides of Ski Run Blvd from Pioneer Trail to Regina Road (3,800 feet), the Public Works Department is recommending use of 6’ plastic K-rail type barriers filled with sand.

The estimated cost of 630 barricades and sand to
cover this distance is $293,000. These estimates
do not include staff time to install and maintain
the barricades. Additional signage necessary to
implement these changes is estimated to cost
$20,000 for the signs and contractor installation.

Due to the lack of a storage location for the
barricades, they would need to remain in place
year-round.

The attached resolution would appropriate
$310,000, which includes use of the remaining $50,000 in previously allocated funding and a $17,000 contingency, in General Funds to the 30150048-42025 ($10,000) and 30150048-45017 ($300,000) account for purchase of barricades, signage and beacons. These materials would need to be ordered no later than July 1, 2024 to ensure delivery in time to install them by November 1st.
1032
Council Agenda Report June 4, 2024 Page 3 of 3
As an alternative to physical barriers on Ski Run Blvd, no parking signage and stripping could be installed, and enforcement would be conducted by the Police Department like other No Parking areas. Total cost associated with this alternative is estimated to be $50,000 plus staff time. If the City Council chooses to pursue this alternative, funds remaining in the Heavenly Residential Parking Permit Program account would be used.

Financial Implications: Termination of the Heavenly Parking Agreement results in the City no longer receiving annual payments of $54,320 to the General Fund and $3,500 to the Snow Sweeping account 245-03806. The cost for implementation with chain control beacons, signage and barricades is estimated at $310,000 plus staff time. The alternative described above with only signage and stripping estimated at $50,000 can be accomplished utilizing funds remaining in the program account, plus staff time. Additional City snow operations and sanding operations will also be required to replace Heavenly obligations previously included in the Parking Agreement.

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. 1033
Resolution 2024-049 April 23, 2024 Page 1 of 4
Resolution 2024-049
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.
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Resolution 2024-049 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) 1035
Resolution 2024-049 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: Bass, Creegan, Wallace, Robbins

Absent: Friedrich
1036
Resolution 2024-049 April 23, 2024 Page 4 of 4
Date:

Cody Bass, Mayor
Attest:

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

Susan Blankenship ( Apr 24, 2024 11:14 PDT)
Cody Bass ( Apr 25, 2024 14:12 PDT)
04/25/2024
1037
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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
1038
Resolution 2024-049 Heavenly Valley Parking
Amendment
Final Audit Report 2024- 04-25
Created: 2024- 04-24
By: Michelle Davis ( medavis@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAx0bQBFndte5qfoG88b6FMQzvkMVHBj6M Resolution 2024-049 Heavenly Valley Parking Amendment" His tory
Document created by Michelle Davis ([email protected]) 2024- 04- 24 - 6:10:55 PM GMT
Document emailed to Susan Blankenship ([email protected]) for signature 2024- 04- 24 - 6:11:00 PM GMT
Email viewed by Susan Blankenship ( sblankenship@cityofslt. us) 2024- 04- 24 - 6:12:53 PM GMT
Document e-signed by Susan Blankenship ([email protected]) Signature Date: 2024- 04-24 - 6:14:19 PM GMT - Time Source: server Document emailed to Cody Bass ([email protected]) for signature 2024- 04- 24 - 6:14:20 PM GMT
Email viewed by Cody Bass ([email protected])
2024- 04- 25 - 9:12:22 PM GMT
Document signing delegated to Cody Bass ([email protected]) by Cody Bass ([email protected]) 2024- 04- 25 - 9:12:25 PM GMT
Document e-signed by Cody Bass ([email protected])
Signature Date: 2024- 04-25 - 9:12:43 PM GMT - Time Source: server Agreement completed.
2024- 04- 25 - 9:12:43 PM GMT
1039
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 1040
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 1041
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 1042
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
1043
5 EXHIBIT A
Map of On Street Parking
See Attached)
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Markofer Way
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Terry Ln
Shirley
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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
1045
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
1046
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
1047
Resolution 2024-XXX June 4, 2024 Page 1 of 4
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
June 4, 2024
Establishing Seasonal or Permanent No Parking Restrictions on Certain Streets in the Heavenly Valley Neighborhoods
(Replaces Resolution 2024-049)

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. The resolution has most recently been amended with adoption of Resolution 2024-049.

E. As a result of the termination of the Heavenly Parking Agreement modifications on Saddle Road, Keller Road, Needle Peak and Ski Run Blvd are recommended with modifications underlined, to replace Resolution No. 2024-049. 1048
Resolution 2024-XXX June 4, 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 both sides except RPP from Sherman Way intersection to 1,500 feet to the south on the western 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 1049
Resolution 2024-XXX June 4, 2024 Page 3 of 4
south (RPP on western side, No Parking on eastern side) 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, RPP on northerly 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 Saddle Road (No Parking both sides)
x. Needle Peak Road from intersection of Ski Run to Wildwood (No Parking on both sides)
y. Needle Peak Road from intersection of Ski Run to 500 feet west of Ski Run Blvd (No Parking on both sides)
z. Timber Lake Place (No Parking both sides)
aa. Terrace Drive (No Parking both sides)
bb. Wildwood Avenue from intersection with Saddle Road to intersection with Overlook Court (No Parking both sides)
cc. Wildwood Road (No Parking both sides)
dd. Woods Avenue (No Parking both sides)
ee. 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 June 4, 2024, by the following vote:

Yes:

No:

Absent:

Abstain:

Date:

Cody Bass, Mayor
1050
Resolution 2024-XXX June 4, 2024 Page 4 of 4
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.
1051
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 | 5/1/2024 No Parking (Permanent & Seasonal)
Residential Parking Permit (Seasonal)
Road
Parking Lot
1052
Resolution 2024-XXX June 4, 2024 Page 1 of 1
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
June 4, 2024
Amending the Adopted 2023-2024 Budget and appropriating $310,000 from General Fund Undesignated Excess Reserves for the purpose of funding chain control beacons, Restricted Parking Zone signage, and barricades.

BACKGROUND
A. On June 4, 2024 the City Council made a motion to ratify the issuance of a Notice of Termination to Heavenly Valley Limited Partnership terminating the agreement to allow parking for Heavenly employees and visitors on designated City streets.

B. Enforcement of newly established no parking and permit parking zones requires installation of signage and physical barriers with an estimated cost of $360,000, including $17,000 contingency.

C. Public notification and enforcement of chain control requirements on Ski Run Blvd and Keller Road requires installation of flashing beacons and signage with an estimated cost of $30,000.

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 $310,000 from available General Fund Undesignated Excess Reserves to account numbers: 30150048-42025 ($10,000) and 30150048-45017 ($300,000).

Adopted by the City of South Lake Tahoe City Council on June 4, 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.
1053
1054
1055
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 4, 2024
Agenda Item #:14
Agenda Item: Hazardous Vegetation and Defensible Space Ordinance (First Reading) Executive Summary: City Council will consider a proposed ordinance to define and create a mechanism to enforce defensible space requirements. The defensible space requirements are established through California Public Resource Code 4291 as minimum requirements for residents living in any mountainous area. Enforcement will include a mechanism for warning, citing and eventually abating individuals lots who remain out of compliance with minimum standards. South Lake Tahoe is a community in the wildland urban interface that requires property owners to provide 100 feet of defensible space around a structure or to their property line, whichever is closer. In some cases it can also require the owner of a neighboring lot to mitigate fuels if their property is within 100 feet of a structure. City Council has adopted the California Board of Forestry's Fire Severity Map which designates most of the city as being a "Very High" fire hazard zone further enforcing PRC 4291 requirements. Adoption of this ordinance gives the Fire Chief or designee the ability to enforce defensible space requirements.

Requested Action / Suggested Motions: Pass a Motion to hold the first reading (by title only) of an Ordinance Amending the South Lake Tahoe City Code to Add Chapter 5.30 (Hazardous Vegetation and Defensible Space) to establish a hazardous vegetation and combustible material abatement program and vegetation management and defensible space requirements and refer second reading and adoption to the City Council meeting on June 18, 2024.

Responsible Staff Member: Kim George, Fire Marshal and Jim Drennan, Fire Chief Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Defensible Space Ordinance.docx
02-Ordinance.docx
1056
Council Agenda Report June 4, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: June 4, 2024
Title: Ordinance Repealing and Replacing South Lake Tahoe City Code Section 5.10.050, et seq. with Chapter 5.30 to Establish a Hazardous Vegetation and Combustible Material Abatement Program, and Similar Vegetation Management and Defensible Space Requirements (First Reading)
Location: Citywide
Responsible Staff Member: Kim George, Fire Marshal
Background: Catastrophic wildfires pose an urgent threat to lives, properties, and resources in California. Climate change, an epidemic of dead and dying trees, a century of fire exclusion, and the proliferation of new homes in the wildland-urban interface magnify this threat and place substantially more people and property at risk than in preceding decades. Due to these circumstances as well as our experiences here locally with the Caldor Fire, the Tamarack Fire, the Emerald Fire as well as the Angora Fire, South Lake Tahoe Fire Rescue is proposing to add additional defensible space requirements to the City Code to comport with updated California and El Dorado County guidelines and recommendations.

Issue and Discussion: Sections 51182 and 51189 of the Government Code, Section 4291 of the Public Resources Code, and AB 3074 outline defensible space requirements for mountainous areas of California. South Lake Tahoe is predominantly designated with the Cal Fire Hazard Severity Map as Very High which also requires defensible space minimums. This ordinance adopts these requirements, including in part, those set forth in AB 3074 which will potentially require Zone 0 by the end of 2024. Zone 0 would require homeowners to maintain a space within 5 feet of the structure which has no vegetation or material that would propagate fire.

Financial Implications: There is no direct financial implication to the city associated with this ordinance.

Environmental Considerations: This action is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines 15301(h) (maintenance of existing landscaping and native growth) and 15304(i) (fuel management activities within 100 feet of structures to reduce the volume of flammable vegetation where the public agency having fire protection responsibility has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions).

Policy Implications: The proposed ordinance is designed to both protect the health and safety of persons and property in the city as well as require fire hardening measures to mitigate increasing homeowners insurance rates city-wide.
1057
Ordinance 2024-XXX June 18, 2024 Page 1 of 17
Ordinance 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
June 18, 2024
An Ordinance Amending the South Lake Tahoe City Code to Add Chapter 5.30 (Hazardous Vegetation and Defensible Space) to Establish a Hazardous Vegetation and Combustible Material Abatement Program and Vegetation Management and Defensible Space Requirements

FINDINGS
A. As part of the ongoing effort to establish a hazardous vegetation and combustible material abatement program in City of South Lake Tahoe and in accordance with applicable law, the Fire Chief has recommended abatement of the growth and/or accumulation of weeds, grasses, shrubs, dormant brush, slash, tree limbs, hazardous vegetation and combustible materials on all improved parcels and designated unimproved parcels within the city and maintenance of those parcels to prevent vegetation from growing back.

B. In furtherance of the ongoing effort to establish a hazardous vegetation and combustible material abatement program, the city also requires vegetation management and defensible space requirements as set forth herein.

C. The City Council finds and declares that the uncontrolled growth and/or accumulation of weeds, grasses, hazardous vegetation and combustible materials or obstructions on sidewalks, streets, and on lands or lots within the city is dangerous or injurious to neighboring property and the health, safety, and welfare of residents of the city. Such growth and accumulation constitute a public nuisance in that it creates fire hazards, reduces the value of private property, promotes blight and deterioration, invites plundering, constitutes an unattractive nuisance and creates a hazard to the health, safety, and general welfare of the public.

D. It is the intent of the City Council that this chapter shall apply to the abatement of the growth and/or accumulation of weeds, grasses, shrubs, dormant brush, slash, tree limbs, hazardous vegetation and combustible materials on all improved parcels and designated unimproved parcels within the city and maintenance of those parcels to prevent vegetation from growing back. 1058
Ordinance 2024-XXX June 18, 2024 Page 2 of 17
E. All parcels in the city have been identified and designated as being within either a State Responsibility Area (SRA) or Local Responsibility Area (LRA) Moderate, High or Very High Fire Hazard Severity Zone by the California Department of Forestry and Fire Protection (CAL FIRE) in accordance with the most current edition of the Fire and Resource Assessment Program (FRAP) Map. The City is located in a mountainous region of Northern California. The City is an established community that intermingles with the natural environment which is at significant risk of a catastrophic wildfire.

F. Catastrophic wildfire events pose a serious threat to the preservation of public peace, health and safety within any wildland urban interface and intermix communities. The proper implementation and enforcement of hazardous fuel regulations and landscaping requirements have been proven to reduce the impact from destructive wildfires through the mitigation of hazardous fuel conditions around homes and roadways.

G. Wildfires with extreme fire behavior are occurring more often and growing larger. Eighteen of the 20 most destructive wildland fires in the State of California have occurred between 2002-2022. The city in particular has a history of destructive wildfires. These include the 2002 Gondola Fire, 2007 Angora Fire, 2016 Emerald Fire and the 2021 Caldor Fire, which all threatened the city. Climate change stressors, such as increased average air temperature, precipitation variability, reduced snowpack, drought, and tree mortality, will lead to an increased frequency of large wildfires that will create adverse impacts on the city.

H. Of paramount importance to the City and the residents of the City is the protection of lives and property from the threat of fire and the safety of fire and law enforcement personnel during wildfires.

I. During periods of drought and declared “fire seasons” the City generally has a dry, arid climate conducive to wildfires. Many of the City’s native and non-native plant species can be highly combustible during both drought and normal dry periods that have contributed to significant wildfires.

J. The City has difficult topography, terrain, and weather conditions that exacerbate the fire danger and that can create significant challenges for firefighters attempting to suppress wildfires. Many communities and individual residential, commercial, and industrial structures in the city are located in areas 1059
Ordinance 2024-XXX June 18, 2024 Page 3 of 17
that are at significant risk from wildfires due to their close proximity to steep topographical conditions that allow for rapid fire spread that can overwhelm the available firefighting resources in the City.

K. It is the purpose of this chapter to establish a hazardous vegetation and combustible material abatement program that protects the lives and property of the residents of the City.

L. It is the City Council's intent to make a fire safe community, thus giving residents better opportunities for affordable fire insurance.

M. California Public Resource Code section 4291 and Government Code section 51182 both establish that a minimum defensible space clearance of no less than 100 feet is required around structures to protect them from the threat of a wildfire. Due to the city’s steep terrain, weather conditions, age of the structure, limited roadways to allow concurrent emergency vehicle access and public evacuation, limited water supply for fire protection, and hazardous vegetation present within the community and individual properties, the City Council finds that additional clearance beyond 100 feet may be required, on a case by case basis, around structures to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure where extra hazardous fire conditions exist. No other feasible mitigation measures to reduce the risk of ignition or spread of wildfire to the structure is present as many of these structures are existing and no other practical measures would adequately reduce this risk.

N. The City has the legal authority to adopt the provisions contained in this chapter as specified below:
a. California Fire Code (CFC) Title 24, Part 9, Chapter 3, section 304.1.2, and Chapter 49 (Requirements for Wildland-Urban Interface Fire Areas), as locally adopted with amendments, provides minimum standards to increase the ability of a structure to resist the intrusion of flame or burning embers.
b. California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 3, section 1299, and California Code of Regulations Title 19 section 3.07.
c. California Public Resources Code section 4291 and California Government Code section 51182, as amended, requires a person or entity that owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, brush-covered lands, grass covered lands, or land that is covered 1060
Ordinance 2024-XXX June 18, 2024 Page 4 of 17
with flammable material, to maintain defensible space of 100 feet from each side and from the front and rear of the structure, and which provides for required fuel modification so as to ensure that a wildfire burning under average weather conditions would be unlikely to ignite the structure on the property.
d. California Government Code section 39501 et seq provides that the city may compel the person or entity that owns, leases, occupies a building, ground or lot to remove weeds from buildings or grounds and adjacent sidewalks. If the person compelled by the city defaults, after notice prescribed by the city, it may authorize the removal or destruction of the weeds at that person’s expense by a city officer. The city may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds.
e. California Civil Code section 1102.19, provides that on and after July 1, 2021, a seller of a real property in the city, and subject to this chapter, and that is located in a high or very high fire hazard severity zone, shall provide to the buyer documentation stating that the property is in compliance with Section 4291 of the California Public Resources Code or local vegetation management ordinances prior to the close of escrow.

The seller shall also provide the buyer information on the local agency from which a copy of that documentation may be obtained prior to the close of escrow.

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

SECTION 1. Chapter 5.30 is hereby added to the South Lake Tahoe City Code to read as follows:

CHAPTER 5.30. HAZARDOUS VEGETATION AND DEFENSIBLE SPACE This chapter shall be known as the Hazardous Vegetation and Defensible Space Ordinance. The purpose of this chapter is to provide for the removal of hazardous vegetation and combustible materials situated in the incorporated areas of the city so as to reduce the potential for fire and to promote the safety and welfare of the community.

Section. 5.30.010. Conflict of Ordinances.

A. The operation of this chapter shall in no way change or diminish the application of other sections in this code dealing with like or similar matters. 1061
Ordinance 2024-XXX June 18, 2024 Page 5 of 17
B. In any case where a provision of this or any other chapter is found to be in conflict with a provision of any zoning, building, fire safety, or health ordinance or any other section of the code, including fines, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

C. It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon property by covenant, deed, or other private agreement.

Section. 5.30.020. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section.
“Abate” or “abatement” shall mean an act used to remove, destroy, eliminate, seize, impound, or any action taken to mitigate a public nuisance. “Abatement costs” means the cost of staff time based on weighted salary consisting of base pay plus benefits; actual cost of mobilization, removal, disposal, of waste, weeds, grasses, hazardous vegetation and combustible materials, and actual cost to repair or abate hazardous conditions.
“Accumulation of weeds, grasses, hazardous vegetation, and combustible materials” means allowing the growth or accumulation of weeds, grasses, hazardous vegetation and/or the accumulation of combustible materials as defined below. “At risk population facilities” means pre-schools, public and private primary and secondary schools, before and after school care centers with 12 or more students, daycare centers with 12 or more children, group homes, and assisted living residential or congregate care facilities with 12 or more residents.
“Biomass” shall mean all green waste material generated during a fuel treatment project.

Biomass includes, without limitation, all grass, weeds, vegetation, and tree trimmings. “City emphasis area” means an area designated by the city for focused, proactive inspections.
“Combustible material” means the accumulation of garbage, rubbish, waste, or material of any kind other than hazardous vegetation that is flammable and endangers the public safety by creating a fire hazard.
“Critical infrastructure” means a use or facility classified within one or more of the following categories: (1) essential services facilities, (2) at-risk populations facilities, (3) hazardous materials and solid waste facilities.
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Ordinance 2024-XXX June 18, 2024 Page 6 of 17
“Defensible space” means the buffer that responsible person(s) is(are) required to create on their property between a structure and the plants, brush and trees or other items surrounding the structure that could ignite in the event of a fire. “Enforcement official” means the Fire Chief of South Lake Tahoe Fire Rescue. “Essential services facilities” means public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities and equipment, and government operations facilities.
“Fire chief” means the Fire Chief of South Lake Tahoe Fire Rescue. “Fire hazard” shall mean any condition, arrangement, act, or omission which:

1. Increases, or may cause an increase of hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire; or

2. May obstruct, delay, hinder, or interfere with the operations of a fire department or the egress of occupants in the event of fire.
“Garbage” includes, but is not limited to, the following: Waste resulting from the handling of edible foodstuffs or resulting from decay, and solid or semisolid putrescible waste, and all other mixed, non-recyclable wastes which are generated in the day-to-day operation of any business, residential, governmental, public, or private activity, and may include paper, plastic, or other synthetic material, food, or beverage containers. “Hardwood” generally indicates trees which have broad leaves—deciduous trees (such as oak, alder, dogwood, and madrone).
“Hazardous materials and solid waste facilities” means any facility that could, if adversely impacted, release hazardous materials or waste in sufficient amounts during a hazard event that would create harm to people, the environment and property. “Hazardous vegetation” shall mean any vegetation that is combustible and endangers the public safety by creating a fire hazard. Hazardous vegetation includes material that in its natural state will readily ignite, burn, and transmit fire from native or landscape plants to any structure or other vegetation. Hazardous vegetation includes, but is not limited to, dry grass and leaves, brush, weeds, green waste, dead or dying trees, low-hanging branches, litter, or other flammable vegetation that create a fire hazard. Hazardous vegetation shall not include a commercial agricultural crop that is being actively grown and managed by a responsible person.
“Improved parcel” means a portion of land of any size, the area of which is determined by the Assessor's maps and records and may be identified by an Assessor's parcel number upon which a structure is located.
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Ordinance 2024-XXX June 18, 2024 Page 7 of 17
“Ladder fuels” means fuels that can carry a fire vertically between or within combustible material or hazardous vegetation.
“Outbuilding” means a building that is less than 120 square feet in size and not used for human habitation. For purposes of this chapter, an outbuilding is not a structure. “Responsible person(s)” means an owner, tenant, occupant, lessor, manager, licensee, political subdivision, local government agency or other person having control over a structure or parcel of land or, to the fullest extent allowed by law, the parent or legal guardian of any person under 18 years who have done any act for which a penalty may be imposed under this chapter, or any other person required to comply with the provisions of the code and, any other lien holder, secured party, or other person who has properly recorded a security interest or other appropriate document evidencing an interest in the property, which has been recorded in the official records of the county of El Dorado.
“Rubbish” includes, but is not limited to, non-putrescible wastes, such as paper, cardboard, grass clippings, tree, or shrub trimmings, leaves and needles, wood chips used in landscaping or within five feet of a structure, bedding, crockery, rubber tires, construction waste and similar waste materials.
“Slash” means the woody debris remaining on the ground after fuels management work:

Slash including but not limited to treetops, branches, bark, chunks, cull logs, uprooted stumps, and uprooted trees.
“Softwood” means the wood from a conifer (such as pine, cedar, fir, or spruce) as distinguished from that of broadleaved trees.
“Structure” means buildings which qualify for occupancy classification and use designation per the city building code.
“Unimproved parcel” means land of any size, the area of which is determined by the Assessor's maps and records and may be identified by an Assessor's parcel number upon which no structure is located.
“Vegetation” means plants considered collectively, especially those found in a particular area or habitat. For the purposes of this chapter any tree less than six inches in diameter is considered vegetation.
“Waste” means all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including residential, commercial, and municipal garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction, and demolition debris, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid wastes and semisolid wastes.
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“Weeds” include any of the following:

1. Weeds which bear seeds of a downy or wingy nature.

2. Weeds and grasses which attain such growth as to become, when dry, a fire menace to adjacent improved parcel.

3. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.

4. Dry grass, stubble, brush, or other flammable vegetation which endangers the public safety by creating a fire hazard.

5. Vegetation that is not pruned or is otherwise neglected so as to attain such large growth as to become, when dry, a fire menace to adjacent property. “Wildfire risk area” refers to lands that are covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire or such areas designated by the enforcement official.

Section. 5.30.030. Prohibited Conduct.

A responsible person shall not dump, nor permit the dumping of weeds, grasses, hazardous vegetation, refuse, or other combustible material, nor shall a responsible person permit the accumulation of weeds, grasses, hazardous vegetation, refuse, or other combustible material on that responsible person's property or on any other property so as to constitute a fire hazard.

Section. 5.30.040. Duty to Remove and Abate Hazardous Vegetation and Combustible Material.

A. Prior to the close of any real estate transaction subject to Civil Code section 1102.19 within the city, the seller of any real property shall obtain a defensible space inspection report from an enforcement official that the property is in compliance with this chapter and provide that report to the buyer at or before the close of escrow. If the property inspected is found not in compliance with this chapter the responsible person(s) will need to perform the necessary wildfire protection measures as specified within the inspection report and have the property inspected again prior to escrow or the buyer shall agree to achieve compliance within 120 days as specified in this chapter. If an enforcement official is unable to provide a defensible space inspection report at the time of escrow, the buyer shall request a report from an enforcement official stating the property is in compliance with this chapter within 120 days after the close of escrow, unless otherwise approved by the enforcement official. Nothing in this 1065
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subsection, including the existence of an agreement between a buyer and a seller, shall limit the ability of the enforcement official to enforce the provisions of this chapter.

B. All persons who own, lease, control, operate or maintain any improved parcel(s), shall comply with the following requirements:

1. Maintain defensible space as described in California Code of Regulations title 14, division 1.5, chapter 7, subchapter 3, section 1299.03, as amended, and as otherwise described by this chapter, which is adjacent to each side of a building or structure, but not beyond the property line except as provided in this chapter, and must be cleared of hazardous vegetation, or combustible material, as set forth in this chapter.

2. Consistent with hazardous vegetation and defensible space treatment objectives, steps should be taken to minimize erosion by maintaining a noncombustible perimeter around any structure in accordance with the following requirements:
a. Combustible materials, including woody vegetation, wooden borders for infiltration systems, or stored flammable items such as firewood and lumber, shall not be permitted near any structure, attached deck, stairs, and the area under any attached deck and stair landing in accordance with the distance requirements set forth in California Code of Regulations title 14, division 1.5, chapter 7, subchapter 3, section 1299.03; Government Code sections 51182, 51186, and 51189; and Public Resources Code section 4291.
b. All organic materials, such as pine needles and woody vegetation, shall be routinely removed near any structure, attached deck, stairs, and the area under any attached deck and stair landing in accordance with the distance requirements set forth in California Code of Regulations title 14, division 1.5, chapter 7, subchapter 3, section 1299.03; Government Code sections 51182, 51186, and 51189; and Public Resources Code section 4291.
c. Use rock or non-combustible mulch or well irrigated herbaceous vegetation to stabilize the soil within 5 feet of any structure, attached deck, stairs, and the area under any attached deck and stair landing. d. Mature trees are permitted.

3. A greater clearance distance up to 300 feet shall be required when the inspection report by the enforcement official, and supported by the enforcement official, includes documented information that the clearing is necessary to significantly reduce the risk of transmission of flame or heat 1066
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sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure.

4. The responsible person(s) who perform hazardous vegetation management activities that remove or dispose of vegetation is required to comply with all federal, state, or local environmental protection laws and obtain permits when necessary. Environmental protection laws include, but are not limited to, threatened and endangered species, water quality, air quality, and cultural/archeological resources.

5. When a structure is less than 100 feet from a property line and hazardous vegetation on an adjacent parcel presents a fire hazard for the structure the responsible person of the parcel where the fire hazard exists shall be responsible for removing the fire hazard in that area on that responsible person’s land when it is within 100 feet of the structure. The determination for appropriate clearance distances will be made based upon a visual inspection of the parcel and shall consider all factors that place the property or structure(s) at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the property or structure(s) is located.

6. The enforcement official may designate improved parcels and unimproved parcels adjacent to all roads and driveways as necessary for the safe ingress and egress to the area served by the road or emergency vehicle access and assess the current condition of fuels on the parcel as a fire hazard which must be treated or abated. Once such designation is made, the responsible person shall within a reasonable time ensure that such parcels comply with the following:
a. All vegetation along roads and driveways shall be maintained to an unobstructed vertical clearance height of no less than 15 feet to allow for the passage of emergency vehicles.
b. All ladder fuels shall be cleared to a minimum width of a ten feet wide strip of land beyond the road or driveway. Additional clearance width beyond ten feet may be required by the enforcement official when documented information shows that the clearance is necessary to significantly reduce the risk of transmission of flame or heat that can obstruct the road or driveway.

C. Critical Infrastructure sites shall comply with the following requirements:

1. Essential service and at-risk population structures and accessory buildings 120 square feet in size or larger that support the operations of the facility shall comply with this chapter.
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2. Individual aboveground LP-gas and flammable liquid storage tanks greater than 2,000 gallons water capacity shall comply with the following defensible space clearance requirements:
a. A minimum 50 foot clearance on all sides of the tank when the capacity is between 2,001 and 30,000 gallons.
b. A minimum 75 foot clearance on all sides of the tank when the capacity is between 30,001 and 70,000 gallons.
c. A minimum 100 foot clearance on all sides of the tank when the capacity exceeds 70,000 gallons.
d. Regardless of capacity storage tanks shall have ten feet of clearance to bare mineral soil, or other approved non-combustible surface, and no hazardous vegetation underneath and around the immediate exterior of the tank.
e. Storage tanks shall comply with the defensible space requirements described in this chapter between ten feet and 100 feet of the tank exterior.

3. Lumber yards, agro-industrial, solid waste and woodworking facilities subject to the requirements found in California Fire Code chapter 28 shall comply with the following defensible space clearance requirements:
a. The storage of wood chips, hogged materials, fines, compost, solid biomass, feedstock and waste, agro-industrial and recycle facilities, with individual storage piles greater than 2,500 cubic feet in size, shall comply with the defensible space requirements found in this chapter.

Storage piles shall be separated a minimum of 30 feet.
b. Cold decks of unfinished logs, and exterior finished lumber storage areas, greater than 8,333 cubic feet in size, shall comply with the defensible space clearance requirements found in this chapter when they are in use for greater than 180 calendar days. Storage piles shall be separated a minimum of 100 feet.

4. Free standing photovoltaic systems and equipment shall comply with the defensible space clearance requirements:
a. A minimum ten foot clearance to bare mineral soil, or other approved non-combustible surface, for clusters of panels not exceeding 1,500 square feet of combined panel area.
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b. A minimum 30 foot clearance to bare mineral soil, or other approved non-combustible surface, for clusters of panels greater than 1,500 square feet of combined panel area.
c. Clusters shall be separated a minimum of 20 feet.

5. Telecommunication facilities determined by the enforcement official to serve as a critical infrastructure site during an emergency, shall comply with the following defensible space clearance requirements:
a. A minimum 30 foot clearance for telecommunication towers. b. A minimum 100 foot clearance as described in this chapter around accessory buildings 120 square feet in size or larger that support the operations of the facility.

6. Public and private water distribution system storage tanks and pumping facilities shall have a minimum 30 feet clearance from hazardous vegetation around and adjacent to such facilities as described in this chapter.

7. The minimum clearance requirements described in this section may be modified by the enforcement official when topographical, environmental, and hazardous vegetation conditions present on the parcel limit the ability of the responsible party to fully comply with this chapter.

8. For the purpose of applying this section the defensible space clearance requirements described do not extend beyond the property line when the responsible party does not own the adjoining parcel of land, except as set forth in section 5.30.040(B)(5).

Section. 5.30.050. Violation.

A. Any responsible person who violates a provision of this chapter or fails to comply therewith or with any of the requirements thereof, shall be subject to remedies available under this chapter and/or state law, including administrative citations under chapter 2.30 of this code. Whenever in this code any act or omission is made unlawful, it shall include causing, maintaining, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

B. The imposition of any fines prescribed herein shall not preclude abatement of any violation enforced through this chapter by the enforcement official or institution of any other civil or criminal legal proceedings.

C. Nothing in this chapter shall be interpreted to preclude an enforcement official from informally encouraging compliance with this code or other applicable laws. 1069
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Informal oral or written requests to encourage compliance are encouraged, as are attempts to informally negotiate or mediate issues relating to compliance.

Section. 5.30.060. Enforcement Officials.

The enforcement official shall have the authority and powers necessary to determine whether an administrative violation of the code exists and the authority to take appropriate action to gain compliance with the provisions of the code. The enforcement official shall further have authority to issue notices and orders, the power to inspect public and private property, recommend abatement, and use the administrative remedies that are available under the code.

Section. 5.30.070. Inspection.

An enforcement official, or personnel acting under their direction, may enter upon private or public property whenever necessary to enforce or administer the provisions of this chapter pursuant to an inspection warrant issued under Code of Civil Procedure section 1822.50 et seq or with consent of a responsible person legally authorized to provide such consent.

Section. 5.30.080. Enforcement Procedure.

A. Initial notice of duty to remove and abate waste, hazardous vegetation and combustible material.

1. The enforcement official may mail written notice to any owner citywide when inspection of the parcel reveals a violation of this chapter, or when a complaint alleging violation(s) of this chapter is received by the enforcement official. stating that all waste, hazardous vegetation and combustible material located on such parcel must be removed and or abated as specified in section 5.30.040 on or before the date specified in such notice.

B. Notice of Violation and Order to Correct.

1. The enforcement official may commence proceedings to enforce the provisions of this chapter when a violation is identified due to the failure of a responsible person for a parcel to remove and abate all waste, hazardous vegetation and combustible material as required pursuant to this chapter.

2. Enforcement proceedings are commenced by the mailing of a Notice of Violation and Order to Correct in the manner prescribed as follows: The enforcement official shall mail the Notice of Violation and Order to Correct to each owner of the parcel as determined based on the last equalized assessment roll available on the date of mailing of the hazard abatement 1070
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notice, to which the violation pertains. Notification may also be accomplished by posting the Notice of Violation and Order to Correct on the property if the owner's mailing address is not available or not current.

3. The contents of the Notice of Violation and Order to Correct shall include the following:
a. A description of the property by reference to the Assessor's parcel number as used in the records of the County Assessor, and by reference to the common name of a street or road upon which the property abuts, if the property abuts upon a road or street; b. A statement that there are hazardous vegetation, combustible materials, or other fire hazard condition upon the property that must be abated;
c. A request that such hazardous vegetation, and/or combustible materials be removed or abated by the date specified in the notice, which shall be no less than 15 calendar days following the mailing or posting of the notice;
d. A statement that if such hazardous vegetation, and/or combustible materials are not removed or abated by the property owner by the specified date that such materials may be removed under authority of the city, and the costs of such removal and abatement may be made a legal charge against the owner or owners of the property, a lien imposed on and recorded against the property in the amount of such costs, and such costs referred to the County Auditor for collection together with property taxes on such property pursuant to the provisions of Government Code section 39501 through 39588; e. A statement referencing the right of the property owner to appeal the issuance of the notice pursuant to section 5.30.100 herein; f. With respect to notices which are posted, a title which reads "Notice of Violation and Order to Correct to Remove Weeds, Grass, Hazardous Vegetation, Waste and/or Other Combustible
Materials," the letters of the foregoing title to be not less than one inch in height;
g. Notices which are posted shall be conspicuously posted in front of the property, or if the property has no frontage upon a road or street, then upon a portion of the property nearest to a road or a street most likely to give actual notice to the owner. Notices shall be posted not more than 100 feet in distance apart upon property with 1071
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more than 200 feet of frontage, and at least one notice shall be posted on each parcel with 200 or less feet of frontage; h. Such notice also will be sent by certified mail to the property owner of such parcel as her or his name appears on the last equalized assessment roll and to the address shown on such assessment roll.

Section 5.30.090. Service of Notices.

Whenever a notice is required to be given under this chapter and unless specifically provided otherwise, it shall be served pursuant to the process set out in chapter

4.40.080, et seq.

Section 5.30.100. Appeals Procedure.

Any person or entity who is adversely affected by the Notice of Violation and Order to Correct specified in section 5.30.080 may appeal such notice to the enforcement official within 20 calendar days of the postmark on the hazard abatement notice by filing a written appeal with the enforcement official. Timely appeal shall stay any further action for removal or abatement until the date set for hearing, unless the weeds, hazardous vegetation, waste, or combustible material at issue presents an imminent fire hazard within 100 feet of any structure. The enforcement official shall set the matter for hearing before a hearing officer. The enforcement official shall notify the appellant by certified mail of the date and time set for such hearing, at least 15 days prior to said date. If the appellant resides outside the city, such notice of hearing shall be mailed to the appellant at least 20 days prior to the date set for the hearing. The hearing shall be conducted in accordance with the procedures set forth in section 4.40.090, et seq. of this code.

Section. 5.30.110. Penalty – Infraction.

A. Notwithstanding the provisions of any other section of this code, violation of any of the provisions of this chapter, or failure to comply with any of the regulatory requirements of this chapter, is an infraction.

B. Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

Section. 5.30.120. Seasonal Designation or Reoccurring Public Nuisance.

In the case of a parcel containing a fire hazard where it has been necessary for the city to abate the nuisance in two consecutive years, and the fire hazard is seasonal or recurring, the city declares such a parcel to be a seasonal public nuisance. As to such parcels constituting a seasonal public nuisance, the enforcement official, or her/his designee may mail notice to the responsible person(s) of the property at the address that appears upon the current assessment roll. If the nuisance is not abated by the 1072
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responsible person(s) within the time specified, the city may proceed to abate the property and recover costs for doing so.

Section. 5.30.130. Abatement and Summary Abatement
Any condition caused, maintained, or permitted to exist in violation of any provisions of this code may be abated by the city pursuant to the procedures set forth in chapter 4.40 of the code.

SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 3: The City Council finds that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines 15301(h) (maintenance of existing landscaping and native growth) and 15304(i) (fuels management activities within 100 feet of structures to reduce the volume of flammable vegetation where the public agency having the fire protection responsibility has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions).

SECTION 4. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 5. This Ordinance shall become effective 30 days following its adoption.

Adopted by the City of South Lake Tahoe City Council on June 18, 2024 by the following vote:

Yes:

No:

Abstain:

Absent:
________________________ Date:_________
Mayor
Attest:
________________________
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Ordinance 2024-XXX June 18, 2024 Page 17 of 17
Susan Blankenship, City Clerk
First Reading:

Published:

Second Reading:

Effective:

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council. 1074
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 4, 2024
Agenda Item #:15
Agenda Item: Agreement with Design Workshop for Assistance with Mid-Town Area Plan Executive Summary: Staff has initiated development of the Mid-Town Area Plan and is seeking approval from City Council for the Mayor to execute a Professional Services Agreement in an amount not to exceed $133,014 from the General Plan account for consultant assistance in preparation of the Plan.

Following a request for proposals, Design Workshop was chosen as the top candidate. The scope of work includes providing support in the analysis of existing conditions, assisting in public and stakeholder engagement, and providing design standard recommendations.

Requested Action / Suggested Motions: Pass a Motion authorizing the Mayor to execute a Professional Services Agreement with Design Workshop for consulting services to assist in preparation of the Mid-Town Area Plan for an amount not to exceed $133,014.

Responsible Staff Member: Anna Kashuba, Senior Planner
Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Mid-Town Area Plan PSA.docx
02-Mid-Town Area Plan Boundary.pdf
03-PSA with Design Workshop.pdf
04-MTAP Stakeholders.docx
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City Council Agenda Report June 4, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 4, 2024
Title: Professional Services Agreement with Design Workshop for the Mid-Town Area Plan Location: Mid-Town (see attachment 02, Mid-Town Area Plan Boundary) Responsible Staff Member: Anna Kashuba, Senior Planner
Background: Development of the Mid-Town Area Plan is a priority of City Council per Strategic Priority 1, Action Item 1.2 of the City’s 2023-2028 Strategic Plan. The planning processes for the Mid-Town Area Plan was initiated on May 7, 2024, when Council received a presentation on the plan’s development timeline, priority topics, and outreach approach.

The City’s previous area plans were developed by internal staff, with consultant assistance. This same approach is proposed for the Mid-Town Area Plan.

Issue and Discussion: Design Workshop applied to the City’s request for proposals to assist in preparation of the Mid-Town Area Plan. The firm was chosen as the top candidate and asked to reduce their proposed scope of work to a role of support for internal staff. The item under consideration today is the new scope of work and associated professional services agreement allocating $133,014 to Design Workshop to provide support in the analysis of existing conditions, assisting in public and stakeholder engagement, and providing design standard recommendations.

The scope of work as requested by the City and prepared by Design Workshop is Attachment 3, also included as Exhibit A in Attachment 4.

Design Workshop is based in Stateline, NV. They are familiar with the Tahoe Basin’s unique regulatory setting and have worked for the City previously on the South Lake Tahoe Design Guidelines and the 56-Acre Master Plan.

For public record, staff has provided the current stakeholder list as Attachment 6. This list is not comprehensive, as community engagement is a fluid, ongoing process. We have many community leaders not associated with formal organizations and additional stakeholders will likely be identified.

Financial Implications: This item proposes to allocate no more than $133,014 of the $395,454 of available General Plan Professional Services account 270-03710-42020 budget to a professional services agreement with Design Workshop to assist in development of the Mid-Town Area Plan.

Environmental Considerations: Awarding this agreement to Design Workshop is statutorily exempt from review under the California Environmental Quality Act (CEQA) 15262 (feasibility and planning studies).

Possible environmental impacts of the plan itself will be considered as goals, policies, and standards are developed to create a self-mitigating plan to the extent feasible. A programmatic Initial Study 1076
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and Initial Environmental Checklist (IS/IEC) is envisioned to be the appropriate environmental document for evaluation of the Area Plan pursuant to CEQA and TRPA Code of Ordinances and Rules of Procedures.

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

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

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

Policy LU-2.5 Bijou/Al Tahoe Community Plan Area: The City shall encourage the creation of a viable residential neighborhood with appropriate neighborhood amenities and compatible highquality family-oriented recreation and public facilities, including government offices.

Policy LU-2.8 Community Plan Incentives: The City shall provide permit streamlining, commodity increases, coverage increases, and other similar incentives to encourage the implementation of General Plan goals and policies.

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

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

Policy LU-11.2 Equal Public Participation: The City shall ensure that all community residents have meaningful opportunities to participate in the decision-making process. 1077
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community

MID-TOWN AREA PLAN BOUNDARY
Sierra Tahoe
Commercial
Bijou/Al Tahoe
Community Plan
Bijou
Community
Park
Bijou
Golf Course
& Meadow
Bijou/Al Tahoe
Community Plan
Bijou/Al Tahoe
Community Plan
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CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the day of 2024 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and (“Consultant”).

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

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

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

AGREEMENT

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

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

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

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for 16 months. 1079

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $133,014 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

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

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

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

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

7. Ownership of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees 1080
and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City. Any use by the City of work products prepared by the Consultant for other than their specific intended purpose and without the involvement of Consultant shall be at the sole risk of the City and without liability to Consultant.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, during regular business hours, upon 72 (seventy-two) hours advance written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or 1081
termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

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

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

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

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel 1082
independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

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

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

13. Licenses. Consultant represents to City that it has all licenses, permits, qualifications, insurance and approvals which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
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14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.

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

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

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

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in 1084
accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such . Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for hired and non-owned
vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual 1085
aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
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c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.

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

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

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

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: Steve Noll
Design Workshop, Inc.

PO Box 5666
Stateline, NV 89449

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not 1087
subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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

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

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

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

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or 1088
termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or 1089
subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

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

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

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

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

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

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

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

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

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By By
Cody Bass, Mayor Steve Noll, Principal-in-Charge
Date Date
Business License #
APPROVED AS TO FORM:

By Date
Heather Stroud, City Attorney
ATTEST:

By Date
Susan Blankenship, City Clerk
Attachments:

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

SCOPE OF SERVICES
1092

MID-TOWN

AREA PLAN

PREPARED FOR

CITY OF SOUTH LAKE TAHOE
MAY 2024
1093
Contents
A. Scope of Services 1
B. Project Fees 7
1094
A. SCOPE OF

SERVICES
1095
Scope of Services
With South Lake Tahoe Planning staff
leading the CSLT Mid-Town Area Plan,
this revised scope of work describes
our understanding on the tasks that
will be performed by Design Workshop
to support the staff in this planning
process. While the following scope is
organized in a linear manner, many of
the tasks may proceed concurrently.

The following tasks will be provided.

Task 1: Project Coordination/
Management

1.1 Strategic Kick Off Meeting

1.2 Data Collection and Base maps

1.3 Consultant and City Site Walk

1.4 Project Management
Task 2: Existing Conditions

2.1 Land Use Analysis

2.2 Existing Conditions, Issues,
Opportunities Summary
Task 3: Public and Stakeholder
Engagement

3.1 Community Engagement and
Communications Plan

3.2 Public Workshops/Technical
Advisory Group/

3.3 Bijou Park Community Advisory
Group

3.4 Stakeholder Listening Sessions and
Public Workshops
Task 4: Draft Plan

4.1 Framework Scenarios

4.2 Charrette and Open House

4.3 Design Recommendations (Prepare
all figures associated with design
standards)
TASK 1 PROJECT COORDINATION &

MANAGEMENT
Task 1.1 Strategic Kick Off
We will begin with a Strategic
Kick Off (SKO) workshop with key
City staff to review and refine the
scope of work and schedule, roles
and responsibilities, define critical
success factors, discuss community
engagement goals, data needs
requests, and other factors of project
success. It will lay the foundation for
an inclusive process and identify clear
communications and community
engagement opportunities.

Deliverables

1. In person Kick-off, Agendas,
Presentations and Summary

2. Project Management Plan (PMP)
including work plan, project
schedules and deliverables,
assignments, roles and
responsibilities, project critical
success factors and engagement
goals.

Task 1.2 Data Collection and
Base maps
To prepare for the in-person site
visit and SKO, DW will prepare
presentations, base maps, and
facilitation materials to convey our
initial ideas and engage in discussion.

We will gather and assemble existing
available mapping data of the planning
area including City LIDAR mapping
and previous base maps developed
for previous projects in the planning
area and develop a planning area base
map for use in all planning efforts for
the Mid-Town Area Plan. The bulk of
the existing mapping utilized for the
base map will be City LIDAR mapping.

We will incorporate newer topographic
surveys and mapping available from
projects that have been completed and
will be condensed into one mapping
file and all overlaps are trimmed and
“stitched” together to form a single
cohesive map.

Deliverables

1. Base maps using AutoCAD,
GIS and other publicly available
information.
1 A. Scope of Services
1096
Task 1.3 Site Walk with City Staff
Following the SKO meeting we will
conduct a city staff site visit and
walking tour to get to know the project
area including current successes of
the previous plan efforts, areas of
opportunities and areas of concern.

Deliverables

1. One day consultant team site visit

2. Site Observations and Inventory
Assessment
Task 1.4 Project Management
Plans, biweekly Meetings and
Reporting
A Project Management Plan (PMP)
is an essential tool for successful
project planning will serve as the
team roadmap and will chart roles
and responsibilities, schedule of
milestones and deliverables, and tools
to ensure team members stay on track.

To facilitate efficient communication,
we are anticipating time for biweekly
virtual progress meetings with the
Client project manager. The specific
schedule will be determined at the SKO
described in Task 1.1.

Deliverables

1. Biweekly (every other week) calls
with the Project Team, including
meeting agendas, notes with action
items (up to 24 one-hour Calls)

2. Percentage complete project report
by task and monthly invoices (12
Total)
TASK 2 EXISTING CONDITIONS
Task 2.1 Land Use Analysis
We will complete an analysis of the
project area to establish a baseline
of understanding and identify
opportunities for the Mid-Town area
Plan. Areas to be analyzed include
but are not limited to the context of
the area, current zoning and future
land use, land capability assessment,
ownership, open space, scenic assets
and infrastructure. Our findings will
be incorporated into a memo which
will include contextual community
relationships including the relationship
of Mid-Town to other areas of SLT,
a mapping inventory to include
commercial and retail uses; parks, trails
and open spaces and natural areas
and existing community infrastructure
including sewer, water and water
quality facilities.

Deliverables

1. Land Use Assessment

2. Map Atlas with up to (6) maps
Task 2.2 Existing Conditions,
Issues, Opportunities Summary
Using directives and outcomes from a
review of all existing conditions memos,
we will summarize the above tasks and
align with community and stakeholder
feedback to develop an Existing
Conditions Summary to establish a
baseline and identify opportunities
going forward. We will create analysis
maps to understand the potential
opportunities and constraints within
the project area. Our understanding
will be incorporated into a report which
will include analysis, mapping and
summary narrative and of issues and
opportunities.

Deliverables

1. Existing Conditions Summary
including opportunities and
constraints relevant to future
development of the area plan.

2. Up to 12 Maps including land use
patterns, transit and circulation,
streetscape, parks and urban
spaces, vacant or underutilized
2 A. Scope of Services
1097
lands, infrastructure and facilities,
transportation and connectivity.

3. One (1) revision cycle of the draft
document
TASK 3 PUBLIC AND

STAKEHOLDER ENGAGEMENT
Task 3.1 Community
Engagement and
Communications Plan (CECP)
We will work with City staff to develop
a Community Engagement and
Communication Plan document that
includes identifying stakeholders,
contact information, engagement
timelines, information distribution
methods, and responsibilities of staff
and the consultant team. We will work
with city staff at the SKO to determine
outreach goals, engagement tools
and methods that will serve the
unique needs of your community and
determine benchmarks to ensure that
efforts are meeting the needs of the
project.

Design Workshop will provide public
noticing and presentations for use
at public meetings and for the city
website. We will work with City staff
to develop specific communication/
marketing tactics to drive meeting
attendance and public participation.

We will help develop the content for
press releases for submittal to local
media with carefully crafted messages,
including proposed quotations to be
attributed to key staff and officials.

We have found projects to be most
successful where the city serves as
the primary contact for the press and
communications.

Project websites are an important
tool for facilitating public engagement
and will help to build momentum for
the planning process. We anticipate
providing content for the city to link to
the current website and social media
channels.

Deliverables

1. Community Engagement and
Communication Plan, draft and final
formats provided in MS Word and
PDF format

2. Associated communication
materials including content for
City’s project website including
Project website Information
(for the City to incorporate into
a project website within the
City’s domain) and Presentation
materials including PowerPoint
presentations, maps, illustrations.

3. Meeting notices and project fact
sheets and flyers (up to 3 per
engagement window) (formatted
for print and for digital distribution)

4. Project website Information (for the
City to incorporate into a project
website within the City’s domain)
Task 3.2 Technical Advisory
Group (TAG)
It is important that the process be
informed by the key stakeholders
to serve as an Advisory Committee.

We will host a total of four meetings
throughout the project with
influential partners identified by
project leadership. We anticipate
being involved in Technical Advisory
Group meeting to guide the project
progress and provide key input. We
would anticipate this group to include
8-12 members which may include
stakeholders and government agencies
including the City, County, TRPA and
the Parks and Recreation Commission.

These meetings would be facilitated by
Design Workshop with support from
city staff. Anticipated Meetings area as
follows:
3 A. Scope of Services
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1. Project Kick Off

2. Existing Conditions Summary and
Feedback

3. Recommendations Summary and
Feedback

4. Draft Document Review and
Comments
Deliverables

1. Draft emails and Agendas,
Meeting Materials and Activities,
Presentations and Summary Notes
Task 3.3 Bijou Park Community
Advisory Group (CAG)
We understand a key component of
this project will explore Bijou Park,
the golf course and LTCC to address
events, parking and best uses in
balance with open space and natural
stream environment zones. We
propose a Community Advisory Group
(CAG) which may include the CSLT
Parks and Recreation Commission,
LTCC, CSLT School District, Golf
Course representative and other with
influential partners identified by project
leadership. We will host a total of three
meetings be facilitated by Design
Workshop with support from city staff.

Anticipated Meetings area as follows:

1. Issues and Opportunities work
session

2. Design Concept work session

3. Draft Concept for plan review work
session
Task 3.4 Stakeholder Listening
Sessions
To supplement broad community
engagement, we will work with staff
to develop a list of stakeholders and
schedule focus group meetings early
in the planning process to gather their
thoughts on the areas’ opportunities
and challenges. We will host Total
of 12 topical conversations with
influential partners identified by at
the SKO and outlined in the CECP.

This input will lay the groundwork for
understanding priorities and trade-offs
for the project area. Interviews may
also be incorporated into other public
participation events to better engage
the stakeholder group.

Deliverables:

1. Up to 12 in person or virtual
meetings

2. Meeting planning and Facilitation
work sheet

3. One (1) meeting to discuss
roundtable results (virtual)
TASK 4 DRAFT PLAN SUPPORT
Task 4.1 Framework Scenario
Analysis
With a clear understanding of the
community and stakeholder objectives
we will develop up to three (3)
conceptual framework alternatives and
recommendations to meet plan vision,
guiding principles and goals. These are
high level bubble diagrams to describe
different scenarios for the future of MidTown using variables centered around topics such as mobility, open space,
housing, economic development and
fiscal impacts. This will be visualized
in a series of concept maps to outline
potential future conditions, a narrative
of potential outcomes, themes as
well as preliminary opportunity area
identification.

Deliverables

1. Three Conceptual Framework
Maps and narrative with high level
feasibility and trade-offs for each
alternative, potential outcomes
narrative and graphics outlining
scenario themes in relations to the
4 A. Scope of Services
1099
established guiding principles and
goals.

2. Selection criteria for up to 3
opportunity sites based on plan
goals.

Task 4.2 Development Scenarios
Charette (Two-day In Person
Community Workshop)
A two-day work session with Design
Workshop Team and City Staff will
explore the alternative scenarios
and potential trade-offs for the MidTown. Throughout the day we will invite targeted stakeholders to the
conversation in stakeholder sessions
to gather feedback on the progress
of the concepts followed by a
communitywide open house to share
ideas with the broad community.

To achieve and test the plan vision
and goals, we will work with the City to
identify up to three opportunity sites to
inspire investment and revitalization in
the Mid-Town area. This could include
key redevelopment opportunity sites
for infill development and housing
and would be determined based on
criteria as determined by the plan
goals. Potential opportunity sites
could include mixed use development
and housing at key intersections
along Highway 50, design and
programming at Bijou Park, exploration
of the golf course and/or other sites
as determined with stakeholders
and city input. We will develop
conceptualized site program based
on our understanding of the code and
development proformas to identify
potential setbacks and incentivize
future opportunities with consideration
to code and policy, related
transportation and infrastructure
impacts in the area. It is anticipated
that the City will support on logistics
and coordination and our team will lead
design and facilitation.

Deliverables

1. Charette planning worksheets,
attendance at two-day charette and
community open house.

2. Refined site concepts for up
to three opportunity areas and
development analysis.

3. Charette summary and summary
memo.

Task 4.3 Design Standards
Recommendations Memo
Based on feedback from the City,
stakeholders and community and
the charette and open house, we
will refine a final preferred approach
for the future of the Mid-Town Area
Plan. This plan will include illustrative
rendering(s) and a series of maps
including preferred land use concept,
open space concepts, preferred
circulation concepts and preferred
infrastructure concepts. We will explore
a district approach for the area which
could include design and character for
massing, scale and form for how future
growth could be accommodated.

We will address zoning standards,
development/design standards, and all
applicable figures and graphic. These
will be supported with narrative texts
and land use charts and character
guidelines to guide the community and
future development in understanding
the desired future for the area.

This memo, in addition the existing
conditions summary and plan vision
and goals will be the foundation of the
draft plan.

Deliverables

1. Recommendations and Strategies
Memorandum in Microsoft Word.

2. Illustrative plan of preferred site
concept and supporting diagrams,
maps and illustrations.
5 A. Scope of Services
1100
B. PROJECT
FEES
1101
Project Fees

TASK DESCRIPTION TOTALS
Task 1 Project Coordination & Management

1.1 Strategic Kick Off Meeting $2,940

1.2 Data Collection & Base Maps $8,680

1.3 Consultant & City Site Walk $4,840

1.4 Project Management $8,180
Subtotal Fee $24,640
Task 2 Existing Conditions

2.1 Land Use Analysis $7,800

2.2 Existing Conditions, Issues, Opportunities Summary $10,580 Subtotal Fee $18,380
Task 3 Public & Stakeholder Engagement

3.1 Community Engagement & Communications Plan $1,080

3.2 Technical Advisory Group $8,740

3.3 Bijou Park Community Advisory Group $15,700

3.4 Stakeholder Listening Sessions $13,560
Subtotal Fee $39,080
Task 4 Draft Area Plan

4.1 Framework Scenarios Analysis $16,220

4.2 Development Scenarios Charette (2-day in person) $9,960

4.3 Design Standards Recommendations $18,400
Subtotal Fee $44,580
Total Fees $126,680
Reimbursables $6,334
TOTAL 133,014
7 B. Project Fees
1102
www.designworkshop.com
DW LEGACY DESIGN®
Legacy Design is the defining element of our
practice. It is our commitment to an elevated
level of design inquiry to arrive at the optimal
solutions for clients. The process ensures that
our projects reflect the critical issues facing
the built environment and that they deliver
measurable benefit to clients and communities.

It is the foundation of the firm’s workshop
culture and guides all projects.
1103

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees $133,014
(travel is included in the TOTAL (not to exceed amount) TOTAL (not to exceed) $133,014

TIMELINE
This contract shall expire 16 months after the date of execution. 1104

EXHIBIT C

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

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

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

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

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

Consultant: Design Workshop, Inc.

Steve Noll, Principal-in-Charge
By:
1105
Mid-Town Area Plan Stakeholders
Below are agencies and organiza?ons that have been iden?fied as stakeholders by City staff; however, our community has many leaders who are not associated with formal en??es. Staff acknowledges these individuals and their importance in our community and will remain engaged with them throughout this process. Contact informa?on is also being recorded for those who have been ac?ve in past planning efforts and individuals who have expressed interest in par?cipa?ng in the Mid-Town Area Plan process.

Public/Quasi Public
California Conserva?on Corps
California Tahoe Conservancy
City of South Lake Tahoe City Council
City of South Lake Tahoe Parks and Recrea?on
Commission, Mid-Town Subcommi? ee
City of South Lake Tahoe Planning Commission
Cultural Commi? ee of the Ione Band of Miwok
Indians
El Dorado County Behavioral Health
El Dorado County Board of Supervisors
El Dorado County Health and Human Services
El Dorado County Library, South Lake Tahoe
Branch
El Dorado County Parks and Recrea?on
Commission
Liberty U?li?es
Parks and Recrea?on Founda?on
Shingle Springs Band of Miwok Indians
South Tahoe Public U?lity District
Tahoe Regional Planning Agency
United Auburn Indian Community
Washoe Tribe of Nevada and California
Economic Development and
Housing
Exline and Company, Inc.

Labor Lodge Coali?on
Placemate
St. Joseph Community Land Trust
Tahoe Coali?on for the Homeless
Tahoe Prosperity Center
Wells Barne? Associates LLC
Recrea?on and Transporta?on
Bicycle Advisory Commi? ee
Bijou Park Users
South Shore Transporta?on Management
Associa?on (SSTMA)
South Tahoe Disc Golf Associa?on
Tahoe Bike Coali?on
Tahoe Transporta?on District (TTD)
Tahoe Area Mountain Biking Associa?on
(TAMBA)
Educa?on
Boys’ and Girls' Club of South Lake Tahoe
1106
Future Business Leaders of Tahoe (LTCC student
club)
Lake Tahoe Community College
Lake Tahoe Unified School District
Lake Tahoe Community College Student Senate
South Tahoe High School Student
Representa?ves
Community and Wellness
Access Tahoe
Advance
Barton Hospital
Cospire
El Dorado County Commission on Aging
Family Resource Center
Lake Tahoe Collabora?ve
Lake Tahoe Historical Society
Live Violence Free
Marcella Founda?on
Tahoe Art League
Business
Contractors Associa?on of Tahoe Truckee
Fremont Avenue business owners and staff
Harrison Avenue Business District and staff
Lake Tahoe Visitors Authority
South Lake Tahoe Lodging Associa?on
South Tahoe Associa?on of Realtors
South Tahoe Chamber of Commerce
Tahoe Chamber
Environment
Al Tahoe Firewise
Clean Tahoe
League to Save Lake Tahoe
Tahoe Fund
Safety
CalFire
California Highway Patrol
El Dorado County Sheriff
South Lake Tahoe Fire Rescue
South Lake Tahoe Police Department
United States Forest Service
Media
Mountain News
South Tahoe Now
Tahoe Daily Tribune
1107
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 4, 2024
Agenda Item #:16
Agenda Item: Location Advertising Signage by Highway 50 Executive Summary: Currently, the Airport restaurant has no prominent signage on Highway 50. At their January 23, 2024, meeting, Mayor Bass (Wallace second) requested an Airport signage item be brought back to Council. There is an existing large Airport sign at the entrance, and the Airport plans to fix the sign. Advertising on that sign mentions Airport, Restaurant, and Auto Rental, which doesn’t include City Hall. US 50 has two Airport Wayfinding Signs for the Airport & City Hall that need replacement. In addition, the Airport has trees on the corner of US 50 and access to Airport Road, blocking the view of the Airport sign.

Requested Action / Suggested Motions: Pass a Motion approving new signage in different locations on Airport property and Highway 50 as presented.

Responsible Staff Member: Milan Jevic, Airport Maintenance Supervisor Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney Attachments:
01 - Staff_Report_-_2024_Resturant_Sign (AN Comments).docx Airport_Signs_Council_Presentation__AN_Comments_.pptx
1108
Council Agenda Report June 4, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 4, 2024
Title: Restaurant Advertising Sign by Highway 50 and Lisa Maloff Way Location: Airport
Responsible Staff Member: Milan Jevic, Airport Maintenance Supervisor (530) 542-6190 Background: The Airport restaurant does not currently have a prominent identification sign. This issue has been discussed at the staff level, and the need for an upgrade has been identified.

At City Council meeting January 23, 2024, meeting, Mayor Bass (Wallace second) requested an Airport Signage item be brought back to Council.

There is currently a large Airport sign at the entrance, which is out of service. The advertisement on that sign mentions the airport, restaurant, and auto rental, but it doesn’t include city hall.

Furthermore, the trees on the corner of US 50 and access to Airport Road obstruct the Airport sign. In addition, two Airport Wayfinding signs for the Airport and City Hall on US 50 are faded and should be replaced.

Issue and Discussion: The current Airport sign is out of service, it will be repaired, upgraded to LED, and the messaging changed to include City Hall.

Airport will be adding a new sign at the entry to the Lisa Maloff Way of the US 50. It will be a monument illuminated sign, with a maximum height of 10 feet and more than 5 feet from the Airport property.

The final sign design will comply with the City (SLTCC Chapter 6.40) and TRPA sign codes.

In addition, two Airport Wayfinding signs on northbound and southbound US 50 are damaged. The Public Works Department will replace them once the City gets an encroachment permit and Caltrans approval.

At the corner of US 50, four trees block the view of the old Airport Sign and the new restaurant sign. Airport will be removing these trees. Liberty Utilities has a power cable attached to one of the poles. That pole is 6 inches from the tree. The power lines extend around the trees. Liberty Utilities will assist with the changes to the power cable once the trees are removed.

Staff has requested a permit from TRPA to remove the four trees that are obstructing the view and are roadside safety hazard. TRPA has approved the tree removal, and these have been marked.

Airport will retain a contractor to remove trees.
1109
Council Agenda Report June 4, 2024 Page 2 of 2
Financial Implications:

The following estimates the costs for the new signs, tree removal, and other upgrades.

Expense Description Amount
Monument sign $16,000.00
Old Airport Sign Repair $15,800.00
Tree removal $3,800.00
Caltrans Wayfinding Sign $2,000.00
Environmental Considerations: No environmental review is required under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301(c) (Existing Facilities).

All applicable best management practices will be utilized to protect air and water quality during construction.

Policy Implications: The addition and upgrades of new signs will provide guidance to the public and promote the use of restaurants, increasing airport finances. 1110
City Council
2024-06-04
Airport & Restaurant Signs
1111
Existing Airport Sign:
2  Refurbishing old sign: $9000
 Electric work: $3500
 New Advertising Sign: $3300
1112
Monument Sign:
3  Cost including permit and
engineers rendering: $ 3,000
 At least 5 feet away from the
property line (US 50). No more
than 10 feet high
 Cost approximately $13,000  The final sign design will comply with City and TRPA
sign code.
1113
Existing Highway 50 Caltrans Signs:
4 1114
New Highway 50 Wayfinding Signs:
Waiting on Caltrans Encroachment
Permit for approved designs for new
signs
Cost to manufacture: $2000
Installed by the Public Works Staff
1115
Tree removal at US 50 and Airport Rd:
4 trees blocking signs
TRPA permit is in place, and
trees are marked for removal.
Contractor will remove
trees. Liberty Utilities will
assist with the power line
drop-down.
Cost to remove $3800
1116
Expense Description Amount
Monument sign $16,000.00
Old Airport Sign Repair $15,800.00
Tree removal $3,800.00
Caltrans Wayfinding Sign $2,000.00
1117
Thank you!
Questions ?
8 1118
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 4, 2024
Agenda Item #:17
Agenda Item: Ordinance - Amendments to South Lake Tahoe City Code Chapter 4.150 (Refuse and Garbage) to Implement Residential 3-Cart System for Solid Waste, Recyclables, and Yard Trimmings (First Reading)
Executive Summary: The proposed ordinance would amend City Code chapter 4.150 (Refuse and Garbage) to implement the residential 3-cart system for solid waste, recyclables, and organic waste, and to make other changes for consistency with the new Franchise Agreement with South Tahoe Refuse executed on August 22, 2023. It also makes other updates for consistency with state law and current practice. The proposed ordinance would be effective on September 15, 2024, consistent with the delivery of carts to residences.

Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of an Ordinance amending South Lake Tahoe City Code Chapter 4.150 (Refuse and Garbage) to implement residential 3-cart system for solid waste, recyclables, and yard trimmings, and refer second reading and adoption to the City Council meeting on June 18, 2024.

Responsible Staff Member: Heather Stroud, City Attorney Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01 - Staff Report - Amendments to Refuse and Trash Code for 3 Carts.docx 02 - Ordinance.docx
03 - Ordinance Redline.pdf
1119
City Council Agenda Report- June 4, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 4, 2024
Title: Ordinance – Amendments to South Lake Tahoe City Code Chapter 4.150 (Refuse and Garbage) to Implement Residential 3-Cart System for Solid Waste, Recyclables, and Yard Trimmings
Location: Citywide
Responsible Staff Member: Heather Stroud, City Attorney (530) 542-6046 Background:

The proposed ordinance would amend City Code chapter 4.150 (Refuse and Garbage) to implement the residential 3-cart system for solid waste, recyclables, and organic waste, and to make other changes for consistency with the new Franchise Agreement with South Tahoe Refuse executed on August 22, 2023. It also makes other updates for consistency with state law and current practice.

The 3-cart system is required by Senate Bill 1383 (SB 1383). In September 2016, Governor Brown signed into law SB 1383, which is intended to reduce organic waste disposal by 75 percent and increase edible food recover by 20 percent by 2025. SB 1383 requires all cities and counties statewide to implement a mandatory organic recycling ordinance by January 1, 2022. In November 2020, the California Department of Resources Recycling and Recovery (CalRecycle) adopted regulations to implement SB 1383. The state anticipates that these requirements will reduce at least 4 million metric tons of greenhouse gas emissions annually by 2030.

The Public Works Director presented a summary of SB 1383 requirements to City Council on June 1, 2021. The City Council adopted Ordinance No. 2021-1157 on November 2, 2021, to partially implement the state organic waste recycling requirements. However, moving to the required 3-cart system was not feasible before updating the Franchise Agreement with South Tahoe Refuse, which completed in August 2023. Under the Franchise Agreement, the carts for collection of solid waste, recycling, and yard trimmings will be delivered to residences by September 15, 2024.

Issue and Discussion:

As of January 1, 2022, CalRecycle’s regulations implementing SB 1383 required each jurisdiction to adopt a mandatory organic waste recycling ordinance. The proposed ordinance attached to this staff report is intended to complete the City’s obligations to meet this requirement.

The ordinance:
 Requires residential customers (including single-family and multi-family up to four units) to use the three carts to be provided by South Tahoe Refuse for solid waste, recyclables, and yard trimmings, and to place the carts at the property line adjacent to the street no earlier than 6:00am on collection day with the following exceptions:
1120
City Council Agenda Report- June 4, 2024 Page 2 of 2
o Allows residential customers to obtain an additional cart for solid waste for an additional charge.
o Allows residential customers to share carts for recyclables and yard trimmings. o Allows residential customers with an existing bear box to continue to use their own container for solid waste within the bear box for collection.  Allows multi-residential properties of five or more units to comply with either the residential requirements above or the commercial requirements.
o Allows for application for a physical space waiver upon evidence that the premises lacks adequate space for the containers otherwise required.

Under the Franchise Agreement, South Tahoe Refuse is required to provide bear-resistant carts for residential solid waste.

Financial Implications:

Implementation costs of this ordinance within the City of South Lake Tahoe include the capital improvements South Tahoe Refuse is making such as semi-automated collection vehicles and purchasing the residential carts. An independent report by Crowe LLP to the Solid Waste Joint Powers Authority, dated Oct. 20, 2023, indicates that South Tahoe Refuse will need to raise its rates by 10.16 percent over the next two years (2025 and 2026) to cover the increased costs of organic waste collection. South Tahoe Refuse has proposed to spread out the costs over two years to mitigate the impact of the rate increase. A rate increase application will be considered by the Solid Waste Joint Powers Authority and City Council later this year.

Environmental Considerations:

The proposed ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (common sense exemption that CEQA does not apply to projects where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment), 15307 (actions by regulatory agencies for protection of natural resources), and 15308 (actions by regulatory agencies for protection of the environment). The proposed ordinance would implement state law organic waste recycling requirements and reduce greenhouse gas emissions.

Policy Implications:

The proposed ordinance is consistent with the City’s adopted Climate Action Plan, specifically Actions WA-2 (Promote reductions in organic waste and landfill diversion), and WA-3 (Implement waste and climate change education program). Additionally, the ordinance advances the City’s Strategic Plan 2023-2028, specifically Goal 3.4 (Waste Management and Stewardship), Action 2 (Include “bear proof” trash containers in Franchise Agreement update with STR). 1121
Ordinance 2024-XXX June 4, 2024 Page 1 of 26
Ordinance 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
June 4, 2024
An Ordinance Amending Chapter 4.150 (Refuse and Garbage) of the South Lake Tahoe City Code to Implement Residential 3-Cart System for Solid Waste, Recyclables, and Yard Trimmings

FINDINGS
A. Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, required the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations place requirements on multiple entities including cities, residential households, commercial businesses, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets. The SB 1383 regulations also required the implementation of a residential 3-cart system for collection of solid waste, recyclables, and organic waste.

B. The SB 1383 regulations required cities to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 regulations by January 1, 2022.

C. On October 1, 2021, the City of South Lake Tahoe applied for a high-elevation waiver from some of the SB 1383 regulations including residential food waste collection, which CalRecycle granted because all of the land within the City is over 4,500 feet in elevation.

D. On November 2, 2021, the City Council adopted Ordinance No. 2021-1157, to partially implement the requirements of the SB 1383 regulations; however, moving to the required 3- cart system was not feasible before updating the Franchise Agreement with South Tahoe Refuse to account for the capital costs of moving to semi-automated collection trucks and purchasing the residential carts.

E. On August 22, 2023, the City Council passed Resolution No. 2023-076, approving an exclusive Franchise Agreement with South Tahoe Refuse for Solid Waste, Recycling, and Organics Services.
1122
Ordinance 2024-XXX June 4, 2024 Page 2 of 26
F. This Ordinance completes the City’s implementation of the SB 1383 requirements applicable to the City of South Lake Tahoe, and also includes other clean-up amendments for consistency with state law and current practice.

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

SECTION 1. Chapter 4.150 (Refuse and Garbage) of the South Lake Tahoe City Code is hereby amended to read in its entirety as follows:

Chapter 4.150

SOLID WASTE, RECYCLING, AND ORGANIC MATERIALS
Sections:

Article I. In General

4.150.010 Definitions.

4.150.020 Purpose and intent of chapter.

4.150.025 Appeals.

Article II. Collection and Disposal Services

4.150.030 Provision for and supervision by city.

4.150.040 Persons authorized to collect, dispose of, and process discarded materials.

Article III. Collection and Disposal Requirements and Standards Division 1. Generally

4.150.080 Vehicles used to transport discarded materials.

4.150.090 Collection and disposal – Duty of owner or occupant.

4.150.100 Collection and disposal – Contract for service.

4.150.110 Residential containers.

4.150.120 Multiresidential containers.

4.150.130 Commercial containers.

4.150.140 Determination of sufficient container size/collection frequency.

4.150.150 Mandatory collection for repeat offenders (commercial and residential).

4.150.160 Mandatory multiplier for repeat offenders.

4.150.170 Frequency of disposal.

4.150.180 Storage.

4.150.190 Bulky items.

4.150.200 Exception – Vacant establishments.

4.150.210 Placement of residential containers for collection purposes.

4.150.220 Placement of commercial containers for collection purposes.

4.150.230 Placement of multiresidential containers for collection purposes.

4.150.240 Removal of containers from public view.

4.150.250 Owner’s responsibility for other refuse.

4.150.260 Standards and responsibilities regarding dumpsters.

Division 2. Residential Units and Commercial Establishments

4.150.270 Required use of authorized collection.
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Ordinance 2024-XXX June 4, 2024 Page 3 of 26

4.150.280 Access to receptacles for collection purposes.

4.150.300 Liability for payment of fees.

4.150.310 Billing and collection – Discounts – Penalty for delinquent payments.

4.150.320 Fee a civil debt.

4.150.330 Mandatory collection areas.

4.150.340 Liability for payment of fees – Mandatory collection.

4.150.350 Billing cycle and penalty for delinquent payments.

4.150.360 Discontinuation of service.

4.150.370 Lien for 180-day delinquencies.

4.150.390 Exemptions.

Article IV. Prohibited Acts and Enforcement

4.150.400 Collection or disposal by unauthorized persons.

4.150.410 Placement of discarded materials in receptacle or upon land of another.

4.150.420 Placement of containers on vacant lots.

4.150.430 Placement for collection of items other than discarded materials.

4.150.440 Littering public or private property.

4.150.450 Burning refuse.

4.150.460 Rendering of fat, distillation of bones, etc.

4.150.470 Bringing discarded materials into the city.

4.150.480 Storing of discarded materials inside buildings.

4.150.490 Connection of water or electrical services prior to issuance of permit.

4.150.500 Disclosure required upon sale of real property.

4.150.505 Compliance inspections.

4.150.510 Violations of chapter declared a nuisance.

Article V. Recycling Regulations
Division 1. Generally

4.150.520 Purpose and intent of article.

4.150.530 Collection of discarded materials by other than exclusive franchisee prohibited.

4.150.540 Removal of recyclable materials from existing state-authorized buyback centers prohibited.

4.150.610 Development of materials recovery facility prohibited.

Division 2. Recycling Organic Waste

4.150.620 Requirements for residential organic waste recycling.

4.150.630 Requirements for commercial organic waste recycling.

4.150.640 Requirements for food recovery organizations and services.

For state law authorizing city to enter into solid waste disposal contracts, see H. and S.C. § 4250. As to solid waste generally, see H. and S.C. §§ 4100 to 4520. As to depositing, throwing, etc., handbills on public property, see SLTCC 6.05.030. As to depositing or placing handbills in vehicles, see SLTCC 6.05.040. As to distributing, throwing, etc., on private property, see SLTCC 6.05.050. As to restrictions on outdoor fires, see SLTCC 5.05.010. As to required clearing of brush, vegetation, etc., around buildings and structures and along roadways, see SLTCC 5.05.020 to 5.05.040. As to abandoned, wrecked, dismantled or inoperative vehicles, see SLTCC 4.45.010 to 4.45.160. 1124
Ordinance 2024-XXX June 4, 2024 Page 4 of 26
Article I. In General

4.150.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, except where the context clearly indicates a different meaning, as follows:
“Bear box” means a metal container used at a residential property which is intended to store discarded materials until collection day, and which includes a locking mechanism to prevent bear access.
“Bin” means a container with a hinged and tight-fitting lid and wheels designed to be mechanically serviced by a commercial collection vehicle, and that is designed to hold from one to six cubic yards of material with the lid properly closed.
“Bulky items” means large items of solid waste such as appliances, furniture, auto parts, trees and other oversize waste.
“Cardboard” means a thin, stiff, pasteboard made of paper pulp, used for making cartons and signs. “Carpet” means a thick, heavy covering for a floor, usually made of wool, or synthetic fiber. “Cart” means a plastic container with a hinged and tight-fitting lid and wheels that is serviced by an automated or semi-automated collection vehicle, is provided by the city’s franchisee, and which has a capacity of at least 20 and not more than 95 gallons, and is used for collection of solid waste, recyclable materials, or organic materials from commercial or residential premises. “Collection” means the complete operation of gathering together and transporting to the point of disposal or processing any solid waste, recyclable, bulky item, or organic waste materials. “Collection fees” means the fees established as provided by law for the collection, disposal, and processing of discarded materials.
“Commercial container” means a container supplied by the franchisee to any person subscribing or receiving solid waste service and constructed of metal, plastic or other suitable material in such a fashion as to be watertight.
“Commercial premises” means that portion of any building or other premises which is not a residence, residential unit or housekeeping unit.
“Compactor” means any container which has a compaction mechanism, whether stationary or mobile. “Container” means a city-approved receptacle for collection of solid waste, recyclable materials, or organic materials and includes bins, carts, compactors, open-top roll-off boxes, customer owned containers, and drop boxes.
“Construction and demolition debris (C&D)” means materials generated by or resulting from construction or demolition-related activities, including building, construction, deconstruction, demolition, excavation, grading, improvement, land clearing, reconstruction, remodeling, and renovation, such as discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on an pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste. Construction and demolition debris includes rocks, soils, tree remains, and other yard trimmings which result from land clearing or land development operations in preparation for construction. 1125
Ordinance 2024-XXX June 4, 2024 Page 5 of 26
“Curbside” means as near but in no event more than five feet, from the property line that abuts a paved public street or in the event the property does not abut a paved public street, where the property abuts a public street, alley, right-of-way or easement and in the case of a commercial location in the service alley of a commercial or institutional entity. “Customer owned container” means a 20-32 gallon plastic can owned by the owner or occupant and used for the collection of additional recyclable materials or organic materials or for collection of solid waste in a bear box.
“Discarded materials” means recyclable materials, organic materials, and solid waste placed by a customer in a container for the purposes of collection. “Disposal” means the complete operation of disposing of solid waste. “Drop box” means a container with a capacity of 10 to 40 cubic yards that is serviced by a roll-off collection vehicle.
“Edible food” means food intended for human consumption. “Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that the city or franchisee reasonably believes would as a result of or upon disposal, be a violation of local, state, or federal law, regulation, or ordinance, including land use restrictions or conditions, waste that cannot be disposed of in class III landfills, waste that in the city or franchisee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city or franchisee to potential liability; but not including de minimis volumes or concentrations of waste of a type normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of batteries and paint in compliance with sections 41500 and 41082 of the California Public Resources Code, as may be amended from time to time. Excluded waste does not include used motor oil and filters, or household batteries when properly placed for collection. “Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for human consumption either directly or through other entities, including food banks, nonprofit charitable organizations, and nonprofit charitable temporary food facilities, as defined in Section 18982(a) of Title 14 of the California Code of Regulations, as may be amended from time to time. “Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for human consumption, as defined in Section 18982(a) of Title 14 of the California Code of Regulations, as may be amended from time to time.
“Food waste” means food scraps, including fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. “Franchisee” means any person that has entered into a franchise agreement with the city to collect, remove, transport, process or dispose of solid waste or recyclables or compostables, or to operate any solid waste facility.
“Household hazardous waste (HHW)” means any substance or mixture that, if improperly handled, may be damaging to human health and well-being or a threat to the environment. HHW includes but is not limited to flammables, combustibles, poisons, toxics, oxidizers, corrosives, compressed gas, oil, 1126
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antifreeze, explosives and radioactive materials as well as any other hazardous waste as defined in Health and Safety Code Section 25117 and the Hazardous Waste Management Reform Act of 1995. “Litter” is any quantity of improperly discarded solid waste, including but not limited to discarded furniture and appliances, overflowing residential and commercial trash cans, pieces of lumber and scrap metal left at a construction site, uncontainerized paper such as fast food packages, candy wrappers, cigarette butts, and/or plastic, glass, trash, debris, rubbish, refuse, garbage or junk parts and scrap materials.
“Littering” is the improper discarding, dropping or scattering of small quantities of waste matter ordinarily carried on or about the person, including but not limited to beverage containers and enclosures, packaging, wrappers, wastepaper, newspapers and magazines, in any place other than a place or container maintained for the lawful disposal thereof, including waste matter which escapes or is allowed to escape from a vehicle, container, receptacle or package. “Medical waste” means that waste which is generated or produced, as a result of the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production of testing of biological products, including but not limited to the accumulation of property containing home-generated sharps waste.
“Multiresidential” means two or more residential units located in a single building or a unified group of buildings, and shall include, but not be limited to, two or more units located in a planned unit development, an apartment complex or a mobile home park. “Nuisance” means the existence or accumulation, without the authority of the city of South Lake Tahoe, of litter, trash, manure, rubbish, scrap materials, junk parts, garbage, or refuse of any kind upon private or public property; provided, however, that said refuse is visible to the occupants of an adjacent or nearby parcel or real property, or to the users of any right-of-way. “Organic waste” means waste containing material originating from living organisms and their metabolic waste products, including food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, as defined in Section 18982(a)(46) of Title 14 of the California Code of Regulations, as may be amended from time to time.
“Owner” shall conclusively be deemed to be the person to whom the taxes on the property assessed as shown on the last equalized assessment roll of the county or, alternatively, from such other records of the county assessor or tax collector as contain more recent information. “Recyclables” or “recyclable material” means materials which are reused or processed or are in the future reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the California Integrated Waste Management Act. The term “recyclable material” includes paper newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers, transformable and compostable materials, used motor oil, automotive batteries, antifreeze, latex paint, brick and stone in reusable size and condition, and such other material designated by the city council, or designated as recyclables by the California Integrated Waste Management Board, or other agency with jurisdiction. “Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.
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“Repeat offender” means a second offense violation of this chapter occurring within one year at the same site.
“Residential unit” means a room or combination of rooms in a single building designed for human living, sleeping, eating and sanitary uses by a single family and their servants and nonpaying guests, and having cooking facilities. There may be more than one residential use in a single building. A mother-in-law unit is considered an additional residential unit. “Rubbish” means all nonputrescible waste matter, whether combustible or noncombustible, except hazardous waste and medical waste.
“Sharps waste” means any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, syringes contaminated with biohazard waste, acupuncture needles, and root canal files. Broken glass items, such as Pasteur pipettes and blood vials contaminated with biohazard waste or any item capable of cutting or piercing that is contaminated with trauma scene waste.
“Single-family unit” means a dwelling which receives individual solid waste and/or curbside recycling service.
“Solid waste” means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and implementing regulations. Excluded from the definition of solid waste are excluded waste, C&D, source-separated recyclable materials, edible food if it is recovered and not discarded, source-separated organic materials, and radioactive waste. Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes salvageable materials only when such materials are included for collection in a solid waste collection container not source-separated from solid waste at the site of generation. “Source-separated recyclables” means nonputrescible material, including paper, books, magazines, cardboard, box board, plastic, metal, glass, and other similar materials authorized by the city for collection by the franchisee that is separated by the generator from other waste material for the purpose of reuse or recycling, by placing the recyclables in separate containers, or by binding them separately; the recyclable material is returned to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.
“Special wastes” means any designated wastes, as defined in 23 California Code of Regulations, Section 2522, and special handling waste generated by industrial facilities or processes, but shall not include “hazardous waste” as defined herein. Special wastes shall include asbestos, sewage sludge, water treatment sludge, drilling mud, grease waste, contaminated soils, shredder waste, agricultural waste, filter cake/dewatered sludge, spent catalyst fines, refinery ash and byproducts; except where any such wastes are deemed to be hazardous waste.
“Tier one commercial edible food generator” means a supermarket with gross annual sales of $2,000,000 or more, grocery store with a total facility size equal or greater to 10,000 square feet, food service provider, food distributor, or wholesale food vendor, as defined in Section 18982(a) of Title 14 of the California Code of Regulations, as may be amended from time to time. 1128
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“Tier two commercial edible food generator” means a restaurant with 250 or more seats or a total facility size equal or greater than 5,000 square feet, hotel with an on-site food facility and 200 or more rooms, health facility with an on-site food facility and 100 or more beds, large venue, large event, state agency with a cafeteria with 250 or more seats or total facility size equal to or greater than 5,000 square feet, and local education agency with an on-site food facility, as defined in Section 18982(a) of Title 14 of the California Code of Regulations, as may be amended from time to time. “Transfer station” means those facilities, franchised by the city of South Lake Tahoe pursuant to this chapter, utilized to receive solid waste or recyclable material, temporarily store, separate, convert, or otherwise process the materials in solid wastes or to transfer the solid wastes directly from smaller to larger vehicles for transport.
“Yard trimmings” means a type of organic waste including green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic waste resulting from normal yard and landscaping maintenance.

4.150.020 Purpose and intent of chapter.

The city council, after several public discussions and hearings, makes the following findings of fact, thereby declaring its purpose:

A. A substantial portion of the homes, apartments and other residential units within the city are owned by nonresidents.

B. A substantial portion of the residential units are occupied for short periods by persons on vacations.

C. The owners or occupiers of many residential units have not made arrangements for the collection of discarded materials.

D. Discarded material from such residential units either:

1. Accumulates at such premises;

2. Is deposited in the streets or upon private or public property within the city; or

3. Is disposed of by depositing it in containers of other persons within the city. Any of such methods of disposal creates and constitutes a nuisance.

E. Many residents of the city who do not arrange for collection of discarded materials often allow discarded materials to accumulate for long periods of time and thereby create a nuisance.

F. The public health, safety and welfare of the citizens of and visitors to the city require that the accumulation, collection, removal and disposal of discarded materials from residential units within the city must be handled in a manner for the greatest good and least possible inconvenience, cost and maintenance to the city and the citizens thereof.

G. The periodic collection, removal and disposal of discarded materials from all residential units within the city benefits all owners, occupants or persons in possession, charge or control of all such units where such accumulates and requires removal therefrom on a regular periodic basis; and that all such owners, occupants or persons in possession, charge or control of all such units within the city should be made liable for the payment of the fees for such collection, removal and disposal irrespective of the actual use of the discarded materials collection services provided by the city. 1129
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H. Multiresidential units and commercial businesses within the city, including motels and hotels, need to provide adequate removal of discarded materials so as to fully comply with health codes and other governmental regulations.

4.150.025 Appeals.

An appeal from any determination made pursuant to the provisions of this chapter may be appealed pursuant to Chapter 2.35 SLTCC.

Article II. Collection and Disposal Services

4.150.030 Provision for and supervision by city.

The city shall provide for the collection and disposal or processing of discarded materials from all premises required to be served within the city. Such provision may be made either by letting a contract for such collection and removal or otherwise. The city or, if collection and removal services are contracted for, the franchisee, shall have charge and supervision of such collection and removal and shall prescribe and establish routes and days for collection of discarded materials from the various parts of the city so as to conform to the provisions of this chapter and may change the same from time to time. When such routes or days of collection are established or changed, not less than 10 days prior to the effect of such change, notice thereof shall be given to all parties concerned.

4.150.040 Persons authorized to collect, dispose of, and process discarded materials.

The city and its duly authorized agents, servants and employees of any franchisee with whom the city may at any time enter into a contract therefor, and the agents, servants and employees of franchisee, while any such contract shall be in force, shall have the exclusive right and obligation to collect and dispose of or process discarded materials from all premises in the city.

This chapter shall not prohibit anyone licensed to do business in the city of South Lake Tahoe, during the course of performing the contracted duties, from collecting and disposing of C&D from a job upon which they are working in compliance with all applicable laws, ordinances and regulations then in effect. Individuals may not enter into a contract with anyone other than the city’s duly authorized agents for the collection, disposal, and/or processing of discarded materials from premises within the city. This does not preclude individuals or businesses from legally disposing of discarded materials from their own properties or properties which they manage pursuant to contract.

Article III. Collection and Disposal Requirements and Standards Division 1. Generally

4.150.080 Vehicles used to transport discarded materials.

A. Every vehicle used for the collection, removal or transportation of discarded materials and C&D shall be so designed and equipped as to prevent the escape or loss of any refuse, rubbish and debris while being transported. Whenever discarded materials or C&D is transported in an unenclosed vehicle, the container shall be so designed and equipped as to prevent the escape or loss of any such discarded materials or C&D while being so transported. Loads of tree trimmings, bushes or shrubs may be transported in open-bodied vehicles provided the material be securely tied in place to prevent scattering along the streets and alleys. Tree limbs shall be confined within the limits of the vehicle bed and shall not extend over the sides or extend beyond the tailgate of the vehicle.

B. It shall be unlawful for any person authorized to collect discarded materials or C&D to maintain any collecting vehicle in an unclean, filthy or leaky condition or to keep such vehicle standing in any street 1130
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or alley of the city longer than necessary for the actual work of collection or to conduct collection or removal in any but a sanitary manner and by sanitary methods.

4.150.090 Collection and disposal – Duty of owner or occupant.

Each person owning improved premises in the city, and each person occupying or having charge or control of improved premises in the city shall, in accordance with the terms of this chapter and all applicable state and federal regulations, make available for collection and disposal, or if a nonresidential commercial business provide legal access to collection and disposal of all discarded material which has accumulated on such premises, on the appointed day and at the appointed time, except where weather conditions prevent such collection and disposal.

4.150.100 Collection and disposal – Contract for service.

For services outside the provisions of this chapter, individuals or businesses may contract with the city or the city’s franchisee; provided, such services shall be offered and accepted according to the rate schedule applicable thereto.

4.150.110 Residential containers.

Each person owning a residential unit up to and including a fourplex, and each person occupying or having charge or control of such premises, shall have the obligation to contract for collection service for each and every unit of property and provide for collection and disposal of all discarded materials originating upon such premises in three carts for each residential unit to include one cart each for solid waste, source-separated recyclables, and yard trimmings. Owners or occupants may request an additional cart for solid waste for an additional charge. Residential units may share carts for recyclables and yard trimmings so long as both residential units have solid waste carts. Residential units that have bear boxes existing as of August 22, 2023, may elect to continue to use a customer owned container to be serviced from the bear box instead of a cart for solid waste.

Each owner shall place and/or direct its tenants to place source-separated recyclable materials in the applicable container; place yard trimmings in the applicable container; and place solid waste in the applicable container; and shall not place prohibited container contaminants in containers and not place materials designated for the yard trimmings or recyclable materials containers in the solid waste containers.

Bulky items shall be collected at additional charge to the customer. Bulky items must remain out of sight from the general public view, and shall only be placed at curbside on the arranged day of collection at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for collection, and shall be removed from public view by 6:00 p.m. on the day designated for collection, unless containers are housed in approved shelters. In the event a bulky item is placed in view of the general public without scheduled collection, the city manager or the county health officer shall order the franchisee to collect said item at the property owner’s expense.

Customers may exercise the option to deliver such bulky items directly to the transfer station at transfer station rates, or otherwise properly dispose of such bulky items.

4.150.120 Multiresidential containers.

Each person owning, or having charge or control of, a multiresidential property of five units or greater shall place for collection and disposal all discarded materials originating on such premises in a suitable container or containers, and may elect to be serviced either with residential containers as described in SLTCC 4.150.110 or commercial containers as described in SLTCC 150.130.

Bulky items shall be collected at an additional charge to the customer. Bulky items must remain out of sight from the general public view, and shall only be placed at curbside at the property line adjacent 1131
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to a public street no earlier than 6:00 p.m. of the day prior to the day designated for collection, and shall be removed from public view by 6:00 p.m. on the day designated for collection, unless containers are housed in approved shelters on the arranged day of collection. In the event a bulky item is placed in view of the general public without scheduled collection, the city manager or the county health officer shall order the franchisee to collect said item at the property owner’s expense.

Customers may exercise the option to deliver such bulky items directly to the transfer station at transfer station rates, or otherwise properly dispose of such bulky items.

4.150.130 Commercial containers.

Each person owning, or having charge or control of, a commercial premises shall place for collection and disposal all discarded materials originating on such premises in a suitable container or containers consisting of either carts for solid waste and recyclables and a bin for organic waste, or one or more compactors sufficient to accommodate the type and amount of discarded materials generated at such commercial establishment. Lids must remain closed at all times, except when discarded materials are being added or removed from the container. Size of container and frequency of collection shall be determined by the type and amount of discarded materials generated, so that collection occurs as often as good sanitary practice and applicable state and federal law require.

Frequency of collection shall be at least once per week for commercial establishments generating food waste. Collection for commercial establishments not generating food waste shall be either regularly scheduled or on an as-needed basis, unless as-needed collection is determined by the city manager or the county health officer to constitute a health hazard. Contents of the container shall not extend above the rim of the container.

Bulky items shall be collected at an additional charge to the customer. Bulky items must remain out of sight from the general public view, and shall only be placed at curbside at the property line adjacent to public street no earlier than 6:00 p.m. of the day prior to the day designated for collection, and shall be removed from public view by 6:00 p.m. on the day designated for collection, unless containers are housed in approved shelters on the arranged day of collection. In the event a bulky item is placed in view of the general public without scheduled collection, the city manager or the county health officer shall order the franchisee to collect said item at the property owner’s expense.

Customers may exercise the option to deliver bulky items directly to the transfer station for transfer station rates, or properly dispose of such bulky items.

4.150.140 Determination of sufficient container size/collection frequency.

In the event a multiresidential or commercial property is determined to constitute a nuisance because of blowing debris originating from the container, or the container is determined to be insufficient to contain discarded materials generated, or is determined to be a hazard to the public health or is otherwise in violation of health codes, the city manager or the county health officer may order a change in the size of container, and/or increase the frequency of collection, as well as any other alternatives set forth in SLTCC 4.150.150(A) through (I), at the expense of the person owning or having charge or control of said property.

4.150.150 Mandatory collection for repeat offenders (commercial and residential).

No person owning or possessing any multiresidential dwelling or owning or possessing any singlefamily dwelling, or industrial, commercial or business premises or structure, shall allow or permit any excess discarded materials, rubbish, or waste to collect and accumulate upon or in the premises or structure in a manner that creates a nuisance.

During intervals between collection or disposal, the storage, accumulation, collection, keeping, handling or maintaining of discarded materials on premises where produced shall be performed in 1132
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such a manner as to prevent the harboring and breeding of rodents, insects and other vermin and to take adequate precautions to prevent ready access to the waste by animals; as to prevent objectionable odors in the ambient air; as not to constitute a fire hazard; and as not to result in such unsightliness as to result in the depreciation of value of adjacent property or the comfortable enjoyment of life thereon.

If the city manager finds and determines that during the intervals between collection or disposal, accumulation of discarded materials results in a nuisance and thus is contrary to the public health and welfare of the city, and/or the property owner has failed to adequately provide for appropriate collection and/or storage pursuant to this chapter, mandatory commercial or increased residential collection service shall be imposed for minimum of one year. Further, the city manager may impose one or more of the following corrective enforcement actions for a minimum of one year:

A. Increasing the size of the container;
B. Increasing the frequency of collection service;
C. Ordering the removal of trailers, pickup trucks, dump trucks and storage containers under the nuisance abatement procedure pursuant to Chapter 4.40 SLTCC; D. Mandating safety-approved dumpsters with tight-fitting lids; E. Mandating dumpster “skirting” for containers;
F. Mandating relocation of dumpster;
G. Mandating “controlled access” lids to prevent animal disturbances; H. Mandating bear-proof containers for repeat violators of single-family residences and multiresidential properties not using safety-approved dumpsters; and/or I. Any other enforcement action deemed reasonable and appropriate by the city manager.

4.150.160 Mandatory multiplier for repeat offenders.

The collection of discarded materials from all hotels, hotel/resorts, motels, motels converted to residential units, inns, time-share condominiums and motor inns may be based upon a motel multiplier of 0.10 cubic yards, per motel unit, per week to determine a minimum level of collection service.

The collection of discarded materials from all multiresidential units may be based upon a multiresidential multiplier of 0.40 cubic yards, per residential unit, per week to determine a minimum level of collection service.

Nothing in this section is intended to prevent any arrangement, or the continuance of an existing arrangement, under which payments to the franchisee for collection service are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the owner’s obligation as provided herein.

4.150.170 Frequency of disposal.

Collection of solid waste shall be made at least once a week from single-family residences and multiresidential units, or as many times per week as the city manager may order.

No more than one week’s accumulation of solid waste or food waste shall be kept or permitted to remain upon any commercial premises in the city.
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At the minimum, there shall be at least one collection per week from restaurants; cafes; diners; hamburger stands; coffee shops; coffee houses; fast food places; grocery stores; vegetable, meat, poultry or fish markets, or fresh drink stands; and any other commercial establishment generating food waste.

4.150.180 Storage.

No person shall store discarded materials in trucks, trailers, vans, delivery wagons, pickup trucks, truck trailers or dump trucks, or any other unapproved storage containers for more than 48 hours.

4.150.190 Bulky items.

All bulky items (nonhazardous) left at curbside will be picked up by the franchisee during regularly scheduled route days and the account holder will be billed accordingly.

4.150.200 Exception – Vacant establishments.

The owner or person in possession, charge or control of any commercial establishment shall not be required to subscribe to services provided by a franchisee during such periods as the establishment is vacant and not generating or accumulating discarded materials. Nor shall commercial establishments in residential units with a business license be subject to additional mandatory commercial collection.

4.150.210 Placement of residential containers for collection purposes.

Suitable containers for residential service, up to and including a fourplex, shall be placed in such a manner as not to be readily visible from public streets; provided, that during the time fixed for collection from the premises, containers shall be placed for collection as follows:

A. Carts and customer owned containers shall be placed at the property line adjacent to a public street no earlier than 6:00 a.m. on the day designated for collection, and shall be removed from public view by 6:00 p.m. on the day designated for collection, except for approved customer owned containers which may remain in a bear box for solid waste collection. During snow removal conditions, franchisee is only required to service bear boxes where a direct path of access at least 36 inches wide has been cleared of snow from the public street to the bear box.B. During snow removal conditions, franchisee shall return of containers to a location 10 feet outside of the right-of-way to avoid interference with or damage from city snow removal operations, so long as a path of access at least 36 inches wide has been cleared of snow from the public street to a point 10 feet outside of the right-of-way.

C. During snow removal conditions, customers shall provide a clear path for the return of containers to a point 10 feet outside of the right-of way.

D. Shelter or housing for containers shall not be constructed or installed until approved by the city planning division.

4.150.220 Placement of commercial containers for collection purposes.

Suitable containers for commercial service, other than safety-approved dumpsters, shall be placed in such a manner as not to be readily visible from public streets; provided, that during the time fixed for collection from the premises, containers are placed for collection in such a manner as previously approved by franchisee.

Commercial containers shall be placed at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for collection, and shall be removed from public view by 6:00 p.m. on the day designated for collection, unless containers are housed in approved shelters.

Franchisee personnel shall be responsible for the return of containers to the front property line. 1134
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During snow removal conditions, customer shall provide and maintain a clear path for the retrieval and return of containers to a point 10 feet outside of the right-of-way. Shelter or housing for commercial dumpsters shall not be constructed or installed until approved by the city planning division.

Containers which have become so damaged as to be no longer suitable for use, which no longer have tight-fitting lids, and are so designated by franchisee, the city manager, or the county health officer shall be replaced by the resident and/or business owner with a suitable container.

4.150.230 Placement of multiresidential containers for collection purposes.

Multiresidential premises of five units or greater shall comply with either SLTCC 4.150.210 or

4.150.220, depending on whether the owner has elected to use residential containers or commercial containers.

4.150.240 Removal of containers from public view.

All residential, including multiresidential, and commercial containers, other than safety-approved dumpsters, shall be removed from public view not later than 6:00 p.m. on the appointed day of collection; provided, however, that containers within shelters or housing approved in accordance with SLTCC 4.150.210(D) shall be within such shelters or housing not later than 6:00 p.m. on the appointed day of collection.

4.150.250 Owner’s responsibility for other refuse.

The collection and disposal of any refuse which is excepted from collection and disposal by franchisee shall be the sole responsibility of the owner upon whose property such refuse originates.

The owner will not leave such refuse at the front property line or in such a manner as to be readily visible from the public street.

4.150.260 Standards and responsibilities regarding dumpsters.

A. Standards. The American National Standard Safety Requirements for the Stability of Refuse Bins (hereinafter known as Standards) is hereby adopted and incorporated in the South Lake Tahoe city code by reference. A full and complete copy of the requirements is on file in the South Lake Tahoe city clerk’s office and in the business office of South Tahoe Refuse Company located at 2140 Ruth Avenue, South Lake Tahoe, CA.

B. Responsibilities. The following responsibilities shall apply:

1. Manufacturer Responsibility. It shall be the responsibility of the manufacturer of refuse bins to design and construct newly manufactured refuse bins in conformance with Sections 3 and 5 of the Standards.

Newly manufactured refuse bins shall have a permanent identification of the name of the manufacturer and either the date of manufacture or a code traceable to the date of manufacture.

A statement attesting to compliance with this standard shall also be provided on the permanent identification.

The manufacturer of refuse bins shall inform purchasers of the refuse bins of the applicable requirements of this standard.

2. Retrofitter Responsibility. It shall be the responsibility of persons who retrofit or modify refuse bins to modify or reconstruct in-service bins in conformance with Sections 3 and 5 of the Standards.
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3. Owner Responsibility. It shall be the responsibility of the owner of refuse bins to ensure that refuse bins are modified or retrofitted to meet the requirements of the Standards.

It shall be the responsibility of the owner of refuse bins to ensure that the only refuse bins that are in conformance with Sections 3 and 5 of the Standards are used.

The owner of refuse bins shall inform the customer of necessary safety precautions and requirements associated with the use of the bins including, but not limited to, the requirements specified in subsections (B)(3)(a) through (d) of this section:
a. Refuse bins shall be placed on a hard, level, weather-resistant surface. b. Refuse bins shall be loaded uniformly, with no refuse extending beyond the internal volume of the bin.
c. All safety features for stability shall be used, such as fasteners (where required) to secure the refuse bin to a stationary object.
d. The customer shall inform the owner of the refuse bins of any damage, defect or malfunction of the refuse bin.

The owners shall train their employees in the use, handling and placement of refuse bins so as to be in conformance with the requirements of these Standards.

4. Franchisee Responsibility. The franchisee shall train its employees in the use, handling and placement of refuse bins so as to be in conformance with the requirements of these Standards.

The franchisee shall inform the owner of the refuse bins of any damage, defect or malfunction of the refuse bin.

5. Franchisee Employee Responsibility. The employee of the franchisee shall return the refuse bins to their original location after unloading. If the location of the refuse bins is not a hard, level, weather-resistant surface, the employee of the franchisee shall notify the customer and the owner.

6. Customer Responsibility. The customer shall be responsible for ensuring that a hard, level, weather-resistant surface is provided for the placement of refuse bins.

The customer shall ensure that refuse bins used are placed on the customer’s premises in conformance with the applicable requirements of the Standards.

Division 2. Residential Units and Commercial Establishments

4.150.270 Required use of authorized collection.

Each person owning one or more improved residential units or commercial premises in the city, and each person occupying or having charge or control of improved residential or commercial premises in the city, shall make available for collection, not less than once each week on the appointed day and at the appointed time, all discarded material which has accumulated on such premises. Each person who is an owner, occupant or person in possession, charge or control of a parcel of property upon which there exists a residential unit or commercial enterprise shall subscribe to and use, and shall dispose of all discarded material through, the regular collection and disposal service of the city or its authorized franchisee.
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4.150.280 Access to receptacles for collection purposes.

Each person required by the provisions of this chapter to accept mandatory collection and disposal services shall provide reasonable access to containers on the appointed day of collection. Periods of inclement weather shall not excuse any such person from affording such reasonable access to containers.

4.150.300 Liability for payment of fees.

Each owner, occupant or person in possession, charge or control of a parcel of property upon which there exists a residential unit or commercial enterprise within the city is hereby made liable for the payment of the collection fees levied against such premises for required collection services, irrespective of the actual use of the collection services provided by the city or its authorized franchisee. Services made available to those premises required to receive such services shall be considered as services utilized. It shall be the duty of the owner of such premises to provide for payment of the collection fees. It shall be the duty of the franchisee to bill separately each residential unit.

Nothing in this section shall prevent an arrangement for the continuance of an existing arrangement under which payments of collection fees are made by a tenant or tenants or any agent on behalf of the owner. Any such arrangement will not affect the owner’s obligation to the city or its authorized franchisee.

4.150.310 Billing and collection – Discounts – Penalty for delinquent payments.

Collection fees shall be billed and paid in advance on a monthly, bi-monthly, or quarterly basis.

Payment shall be due upon, and shall become delinquent after, the fifteenth day following the date of billing. Notwithstanding the above, each person who receives a bill for quarterly service shall have the option of paying for service through the end of the year billed.

A finance charge of one and one-half percent of the amount of the fee shall be added at the end of each month following the delinquency date.

4.150.320 Fee a civil debt.

The collection fee shall be a civil debt owed by the owner, occupant or person in possession, charge or control of the real property and/or structures of a residential unit or commercial enterprise. In the event that any civil action to enforce the collection of the collection fee is brought in any court, the prevailing party shall be entitled to reasonable attorney’s fees to be determined by the court. The prevailing party shall be the party in whose favor final judgment is entered.

4.150.330 Mandatory collection areas.

A mandatory collection area is established and shall consist of the current incorporated city limits of the city of South Lake Tahoe within the Lake Tahoe basin, county of El Dorado, state of California.

4.150.340 Liability for payment of fees – Mandatory collection.

Each owner, occupant or person in possession, charge or control of any collection premises located in a mandatory collection area is hereby made liable jointly and severally for the payments of the solid waste collection, processing and disposal fees levied against such premises for required solid waste collection, processing and disposal services, irrespective of the actual use of the service provided by the district or grantee. Services made available to those premises required to receive service shall be considered as services utilized. It shall be the duty of the owner of such premises to provide for the payment of the services.
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4.150.350 Billing cycle and penalty for delinquent payments.

Solid waste collection fees may be billed and paid in advance on a monthly, bi-monthly, or quarterly basis. Payment shall be due upon, and shall become delinquent 15 days after, the date of any billing.

A finance charge and late payment penalty as permitted by law shall be added at the end of each month following the delinquency date.

4.150.360 Discontinuation of service.

The city may direct the franchisee to discontinue service for any customer whose account remains unpaid for 60 days after the date of billing as long as the customer has received a notice on a form approved by the city manager or his/her designee stating that service will be discontinued 15 days from the date of the notice if payment is not made by that time. Upon payment of the delinquent fees, collection shall resume on the next regularly scheduled collection day. Fees shall continue to be assessed and billed notwithstanding that service has been discontinued and notice of same shall be included in the form sent to the customer.

4.150.370 Lien for 180-day delinquencies.

Mandatory collection fees authorized pursuant to these articles, which remain unpaid for a period of 180 days or more, after the date upon which they were billed, may be collected thereafter by the franchisee as provided herein.

A. Once a year the franchisee shall cause to be prepared a report of delinquent fees. The city planning commission shall fix a time, date and place for a public hearing for the report and any objections or protests thereto.

B. The commission shall cause notice of the hearing to be mailed, by certified mail, return receipt requested to the landowners listed on the report as well as publication of notice of the hearing in a newspaper of general circulation as well as posted pursuant to law not less than 30 days prior to the date of the hearing.

C. At the hearing, the commission shall hear any objections or protests of landowners liable for delinquent fees. The commission may make such revisions or corrections to the report as is deemed just and thereafter the report shall be forwarded to the city council for confirmation. Notice of the hearing to confirm the report shall be mailed to the landowners listed on the report.

D. The delinquent fees set forth in the report as confirmed shall constitute a special assessment against the respective parcels of land and are a lien of the property for such delinquent fees. A certified copy of the confirmed report shall be filed with the county auditor and/or county recorder’s office on or before August 10th, for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation of the office of the county recorder of the county in which the property is situated with a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes. All laws applicable to the levy, collection and enforcement of ad valorem property taxes shall be applicable to such lien, except that if the real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide purchaser for value has been created and attaches thereon, prior to the date on which the first installment of such taxes should become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquency fees, as confirmed relating to such property, shall be transferred to the unsecured roll for collection or a private collection agency.
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4.150.390 Exemptions.

A. The provisions of this article shall not apply to any of residential units or commercial enterprises which are not connected to water and electric power and where water or electric power cannot be provided to such premises without action by a public utility or mutual water company; provided, that such exemption shall terminate upon reconnection of water and electric power.

B. Provisions of this article shall not apply to any commercial enterprise which fully suspends its operation due to the seasonal nature of its particular business.

C. Provisions of this article shall not apply to any home business which operates fully out of a residential property, complies with business license requirements and does not exceed residential discarded material limitations.

D. Exemption from the mandatory collection may be granted to nonresidential and non-foodproducing businesses which submit a waste management plan to the city analyzing the business waste stream, and documenting: (1) the ability to recycle or reuse more than 50 percent of that waste stream; (2) the ability to source separate organic waste from other waste and either recycle its organic waste on site or self-haul its own organic waste for recycling. Any business that received an exemption from mandatory collection under this subsection (D) prior to January 1, 2022, and desires to maintain its exemption from mandatory collection shall submit a new request to the city containing the information required by this subsection prior to January 31, 2022.

Any person claiming an exemption pursuant to subsection (A) or (B) of this section shall file a statement under oath or under penalty of perjury with the city removal franchisee stating the facts upon which exemption is claimed and, in the absence of such statement substantiating the claim, such person shall be liable for the payment of the collection fees required by this article.

The removal franchisee, after giving notice of not less than 10 days and a reasonable opportunity for hearing to any person claiming an exemption pursuant to this section, may revoke any exemption granted upon information that the person is not entitled to the exemption as provided herein.

Article IV. Prohibited Acts and Enforcement

4.150.400 Collection or disposal by unauthorized persons.

No person, other than those persons permitted by the terms of this chapter, shall collect, dispose of, or process discarded materials, for commercial gain, in, along or over any public street, alley or highway in the city. No two or more owners of separate properties shall organize to jointly or collectively remove discarded materials from their respective properties.

4.150.410 Placement of discarded materials in receptacle or upon land of another.

No person shall place discarded materials upon the land of another, or in the container of another, or upon premises other than those from which the discarded materials originated, for the purpose of making such discarded materials available for collection and disposal. This section shall not prohibit the deposit of discarded materials at a duly permitted transfer station.

4.150.420 Placement of containers on vacant lots.

No person shall place a container, including dumpsters, upon a vacant lot or any site from which the discarded material was not originally generated. This includes property owned, leased, or rented by the person generating the discarded material.
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4.150.430 Placement for collection of items other than discarded materials.

No person shall place for collection and disposal, or place in public view, any item other than discarded materials or bulky items.

Neither the city, nor its authorized franchisee, shall collect or dispose of any item other than discarded materials or bulky items; provided, that this section shall not prohibit the deposit and disposal of any item at a duly permitted transfer station.

4.150.440 Littering public or private property.

No person shall throw, place, scatter, dump or otherwise deposit any refuse or other waste in or upon the private property of another. No person shall throw, place, scatter, dump or otherwise deposit any refuse or other waste in or upon any public property.

4.150.450 Burning refuse.

No person shall burn refuse within the city unless such act complies with all applicable laws of each and every jurisdictional agency.

4.150.460 Rendering of fat, distillation of bones, etc.

No person shall render any meat, grease, fat, offal, bones, animals, animal parts, animal substances, garbage, fish or parts of fish, or distill bones or reduce refuse, offal or dead animals or operate or conduct any plant or establishment for the distillation of bones, or the rendering of fat, or further reduction of refuse, offal or dead animals.

4.150.470 Bringing discarded materials into the city.

No person shall bring into or cause to be brought into the city any discarded materials or receive or possess any discarded materials brought into the city from beyond the city limits; provided, that the provisions of this section shall not apply to discarded materials being transported directly to, and received at, a duly permitted transfer station.

4.150.480 Storing of discarded materials inside buildings.

No person shall keep or maintain any discarded materials inside any building in violation of any provision of law.

4.150.490 Connection of water or electrical services prior to issuance of permit.

No person shall connect or cause to be connected to any residential unit not then receiving such services any water or electrical service without first obtaining from the city manager a permit therefor.

Such permit shall be issued by the city manager upon request of any person without fee. Collection fees shall be charged for service to such residential unit upon the issuance of such a permit or occupancy of such unit, whichever first occurs. The sole purpose of the permit required by this section is to advise the city manager that the residential unit should be charged collection fees, and such permit shall not authorize the connection of any water or electrical services to any premises in violation of any other provision of law.

4.150.500 Disclosure required upon sale of real property.

No person shall sell, or act as an agent for the purpose of selling, any parcel of real property without first disclosing, in writing, the amount or amounts, if any, of unpaid collection fees due and owing for collection services made available to such parcel of real property.

4.150.505 Compliance inspections.

The city or its agent may enter a commercial premises or common areas of a multiresidential property of five or more units to conduct a compliance inspection of any collection container or collection vehicle load, and may enter a transfer, processing, or disposal facility to conduct a compliance 1140
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inspection. Compliance inspections may be performed without prior notice during normal business hours.

4.150.510 Violations of chapter declared a nuisance.

All violations of any portion of this chapter are hereby declared to be a nuisance and may be abated as such in the manner provided by law. Additionally and alternatively, violations of any portion of this chapter are subject to administrative citations and fines under Chapter 2.30 SLTCC.

Article V. Recycling Regulations
Division 1. Generally

4.150.520 Purpose and intent of article.

The purpose and intent of this article is to establish by ordinance:

A. The goal of recycling at least 50 percent, by weight, of the city of South Lake Tahoe’s waste; B. To require that the city of South Lake Tahoe develop and maintain a substantial, comprehensive, coordinated, and integrated recycling system for the efficient, cost-effective and environmentally sound disposal of waste;
C. To require the development and implementation of a solid waste management plan for the city of South Lake Tahoe;
D. To help preserve the quality of the environment for city of South Lake Tahoe residents by preserving resources, conserving energy, and reducing waste; E. To improve the city of South Lake Tahoe’s economy by creating useful and rewarding jobs for its residents; and
F. To protect and promote the health, safety, and well-being of the city of South Lake Tahoe residents.

4.150.530 Collection of discarded materials by other than exclusive franchisee prohibited.

No hauler or disposal company other than franchisee or its appropriately authorized designee shall in any way collect discarded materials from any location within the city limits.

4.150.540 Removal of recyclable materials from existing state-authorized buyback centers prohibited.

No individual, company or entity other than franchisee, or its authorized designee, shall be authorized to remove recyclable materials from any state-authorized buyback center. Said locations, for purposes of clarity of this regulation, are identified as follows:

Ruth Avenue Recycling Center.

Nothing in this section shall be construed to limit any individual, company or entity other than franchisee from developing additional recycling sites; provided applicable zoning, building, fire and other requirements of local and state regulatory agencies are met.

4.150.610 Development of materials recovery facility prohibited.

No person, company or entity shall develop or create any type of materials recovery facility (MRF) without review and approval by the city council to ensure consistency with the county integrated waste management plan during the term the ordinance codified in this chapter remains in effect. 1141
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Division 2. Recycling Organic Waste

4.150.620 Requirements for residential organic waste recycling.

A. Owners and occupants of single-family units and multiresidential properties of four or less units shall:

1. Subscribe to the city’s organic waste collection service for organic waste generated, except for food waste and food-soiled paper; and

2. Participate in the city’s organic waste collection service by placing organic waste generated, except for food waste and food-soiled paper, in a separate container in accordance with SLTCC

4.150.110.

B. Owners of multiresidential properties of five or more units who have not received a de minimis waiver or physical space waiver shall:

1. Subscribe to the city’s organic waste collection service;

2. Participate in the city’s organic waste collection service by placing organic waste generated, except for food waste and food-soiled paper, in a separate container in accordance with SLTCC

4.150.120;

3. Annually provide information to tenants about organic waste recovery requirements and about proper sorting of organic waste;

4. Provide educational information within 14 days of occupation of the premises to new tenants that describes requirements to keep organic waste separated and the location of containers and the rules governing their use at the property; and

5. Provide access for the city or its agent to the property during all inspections conducted under SLTCC 4.150.505 to confirm compliance with the requirements of this division.

C. De Minimis Waiver.

1. Owners of multiresidential properties of five or more units may request a de minimis waiver from some or all of the requirements of this section by submitting the following information:
a. The requirements requested to be waived;
b. Documentation that either: (a) the multiresidential property’s total solid waste collection service is two cubic yards or more per week and source separated organic waste subject to collection comprises less than 20 gallons per week; or (b) the multiresidential property’s total solid waste collection service is less than two cubic yards per week and source separated organic waste subject to collection comprises less than 10 gallons per week.

2. A de minimis waiver granted by the city will be effective for five years unless circumstances change such that the thresholds are exceeded, in which case the city will rescind the waiver. An applicant may reapply prior to the expiration of its waiver by providing the required information in this subsection (C).

D. Physical Space Waiver.
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1. Owners of multiresidential properties of five or more units may request a physical space waiver from some or all of the requirements of this section by submitting documentation from the franchisee, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the organic waste container that would otherwise be required.

2. The city manager may grant a physical space waiver based on the information submitted in addition to any evidence from city staff justifying the waiver. A physical space waiver granted by the city will be effective for five years unless the portion of the premises where containers are stored is reconfigured, in which case the city will rescind the waiver. An applicant may reapply prior to the expiration of its waiver by providing the required information in subsection (D)(1).

4.150.630 Requirements for commercial organic waste recycling.

A. Owners and operators of commercial businesses generating more than two cubic yards of solid waste per week and have not received a physical space waiver shall arrange for organic waste recycling services, including food waste, consisting of at least one of the following:

1. Source separating organic waste from other waste and subscribing to a basic level of organic waste recycling services that includes collection and recycling of organic waste, including food waste;

2. Recycling organic waste on site or self-hauling organic waste, including food waste, for recycling; or

3. Subscribing to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste, including food waste; and

4. For owners and operators of commercial businesses complying with this subsection (A) through means other than subscribing to an organic waste recycling service provided by the city’s franchisee, an annual report shall be provided to the city by October 1st of each year to certify compliance through on-site recycling or self-hauling. Annual reports shall include the following information for the preceding 12-month period of June 30th to July 1st:
a. The name of the owner and operator for the commercial business; b. The name and address for the commercial business; and c. The volume in cubic yards or gallons, measured by the size of the containers in use, of organic waste recycled on site, through self-hauling including the destination(s), or by other means.

B. In addition to the applicable requirements of subsection (A) of this section, owners and operators of commercial businesses not granted an exemption from mandatory collection under SLTCC

4.150.390 and who have not received a de minimis waiver or physical space waiver shall:

1. Subscribe to the city’s organic waste collection service;

2. Participate in the city’s organic waste collection service by placing organic waste generated, except for food waste and food-soiled paper, in a separate container for collection;

3. Provide labeled containers for the collection of organic waste, except for food waste and foodsoiled paper, if any is generated by the business or its customers, in all indoor and outdoor areas where disposal containers are provided for customers, except in restrooms; 1143
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4. Prohibit employees from placing materials in a container not designated for those materials, to the extent practical through measures such as education, training, and inspection;

5. Periodically inspect the organic waste container for contamination and take corrective measures when contamination is found including reminding employees not to place materials in a container not designated for those materials;

6. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of organic waste;

7. Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep organic waste materials, except for food waste, separated and the location of containers and the rules governing their use; and

8. Provide access to the city or its agent to its properties during all inspections conducted under SLTCC 4.150.505 to confirm compliance with the requirements of this division.

C. In addition to the applicable requirements of subsections (A) and (B) of this section, owners and operators of tier one commercial edible food generators shall:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed;

2. Contract with food recovery organizations or food recovery services for collection or acceptance of self-hauled edible food for food recovery;

3. Allow the city or agent to access the premises and review records pursuant to Section 18991.4 of Title 14 of the California Code of Regulations, as may be amended from time to time; and

4. Keep records that include the following information as required by Section 18991.4 of Title 14 of the California Code of Regulations, as may be amended from time to time:
a. A list of each food recovery service or organization that collects or receives the generator’s edible food pursuant to contract;
b. A copy of all such contracts;
c. A record of the following information for each contracted food recovery service or food recovery organization:
i. Name, address, and contact information;
ii. Types of food that will be collected or self-hauled; iii. Established frequency that food will be collected or self-hauled; and iv. Quantity of food, measured in pounds recovered per month, collected or self-hauled.

D. Commencing on January 1, 2024, owners and operators of tier two commercial edible food generators shall:

1. Comply with the requirements for tier one commercial edible food generators in this section; and
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2. For large venue or large event operators not providing food services, but allowing for food to be provided by others, require food facilities operating at the large venue or large event to comply with the requirements for tier one commercial edible food generators in this section.

E. De Minimis Waiver.

1. Owners and operators of commercial businesses may request a de minimis waiver from some or all of the requirements subsections (A) and (B) of this section by submitting the following information:
a. The requirements requested to be waived;
b. Documentation that either: (a) the commercial business’s total solid waste collection service is two cubic yards or more per week and source separated organic waste subject to collection comprises less than 20 gallons per week; or (b) the commercial business’s total solid waste collection service is less than two cubic yards per week and source separated organic waste subject to collection comprises less than 10 gallons per week.

2. A de minimis waiver granted by the city will be effective for five years unless circumstances change such that the thresholds are exceeded, in which case the city will rescind the waiver. An applicant may reapply prior to the expiration of its waiver by providing the required information in this subsection (E).

F. Physical Space Waiver.

1. Owners and operators of commercial businesses may request a physical space waiver from some or all of the requirements of subsections (A) and (B) of this section by submitting documentation from the franchisee, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the organic waste container that would otherwise be required.

2. The city manager may grant a physical space waiver based on the information submitted in addition to any evidence from city staff justifying the waiver. A physical space waiver granted by the city will be effective for five years unless the portion of the premises where containers are stored is reconfigured, in which case the city will rescind the waiver. An applicant may reapply prior to the expiration of its waiver by providing the required information in subsection (F)(1).

4.150.640 Requirements for food recovery organizations and services.

A. Owners and operators of food recovery services maintaining their principal place of business within the city and having a contract with commercial edible food generators to collect or receive edible food directly shall:

1. Report to the city the total pounds of edible food recovered for the previous calendar year from tier one and tier two commercial edible food generators with which the food recovery service has contracted, no later than October 1st of each year for the preceding 12-month period of June 30th to July 1st; and

2. Maintain the following records:
a. Name, address, and contact information for each commercial food generator from which edible food is collected;
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b. Quantity, measured in pounds per month, of edible food collected from each commercial edible food generator;
c. Quantity, measured in pounds per month, of edible food transported to each food recovery organization; and
d. Name, address, and contact information for each food recovery organization to which the food recovery service transports edible food.

B. Owners and operators of food recovery organizations maintaining their principal place of business within the city and having a contract to collect or receive edible food directly shall:

1. Report to the city the total pounds of edible food recovered for the previous calendar year from tier one and tier two commercial edible food generators with which the food recovery service has contracted, no later than October 1st of each year for the preceding 12-month period of June 30th to July 1st; and

2. Maintain the following records:
a. Name, address, and contact information for each commercial food generator from which edible food is received;
b. Quantity, measured in pounds per month, of edible food received from each commercial edible food generator; and
c. Name, address, and contact information for each food recovery service from which edible food is received.

SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 3. The City Council finds that adoption of the proposed Ordinance is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15061(b)(3) (common sense exemption that CEQA does not apply to projects where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment), 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) because it is an action taken by the City in its regulatory capacity, as authorized by state law, to protect the environment. Adopting the proposed Ordinance would protect the environment by implementing the state law organic waste recycling requirements and reduce greenhouse gas emissions.

SECTION 4. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 5. This Ordinance shall become effective on September 15, 2024.

Yes:
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No:

Abstain:

Absent:
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading:

Published:

Effective:
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South Lake Tahoe City Code
Chapter 4.150

The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023.

Chapter 4.150

REFUSE AND GARBAGESOLID WASTE, RECYCLING, AND ORGANIC MATERIALS Sections:

Article I. In General

4.150.010 Definitions.

4.150.020 Purpose and intent of chapter.

4.150.025 Appeals.*
Article II. Collection and Disposal Services

4.150.030 Provision for and supervision by city.

4.150.040 Persons authorized to collect, and dispose of, and process discarded materialsrefuse.

Article III. Collection and Disposal Requirements and Standards Division 1. Generally

4.150.080 Vehicles used to transport refusediscarded materials.

4.150.090 Collection and disposal – Duty of owner or occupant.

4.150.100 Collection and disposal – Contract for service.

4.150.110 Residential refuse containers.

4.150.120 Multiresidential refuse containers.

4.150.130 Commercial refuse containers.

4.150.140 Determination of sufficient container size/collection frequency.

4.150.150 Mandatory collection for repeat offenders (commercial and residential).

4.150.160 Mandatory multiplier for repeat offenders.

4.150.170 Frequency of disposal.

4.150.180 Storage.

4.150.190 Bulky items.

4.150.200 Exception – Vacant establishments.

4.150.210 Placement of residential containers for collection purposes.

4.150.220 Placement of commercial containers for collection purposes.

4.150.230 Placement of multiresidential containers for collection purposes.

4.150.240 Removal of containers from public view.

4.150.250 Owner’s responsibility for other refuse.

4.150.260 Standards and responsibilities regarding dumpsters.

Division 2. Residential Units and Commercial Establishments

4.150.270 Required use of authorized collection.

4.150.280 Access to receptacles for collection purposes.

4.150.290 Increase in rates for failure to provide access.

4.150.300 Liability for payment of fees.

4.150.310 Billing and collection – Discounts – Penalty for delinquent payments.

4.150.320 Fee a civil debt.

4.150.330 Mandatory collection areas.

4.150.340 Liability for payment of fees – Mandatory collection.

4.150.350 Billing cycle and penalty for delinquent payments. 1148
South Lake Tahoe City Code
Chapter 4.150

The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023.

4.150.360 Discontinuation of service.

4.150.370 Lien for 180-day delinquencies.

4.150.390 Exemptions.

Article IV. Prohibited Acts and Enforcement

4.150.400 Collection or disposal by unauthorized persons.

4.150.410 Placement of discarded materialsrefuse in receptacle or upon land of another.

4.150.420 Placement of refuse containers on vacant lots.

4.150.430 Placement for collection of items other than refusediscarded materials.

4.150.440 Littering public or private property.

4.150.450 Burning refuse.

4.150.460 Rendering of fat, distillation of bones, etc.

4.150.470 Bringing refuse discarded materials into the city.

4.150.480 Storing of refuse or wastediscarded materials inside buildings.

4.150.490 Connection of water or electrical services prior to issuance of permit.

4.150.500 Disclosure required upon sale of real property.

4.150.505 Compliance inspections.

4.150.510 Violations of chapter declared a nuisance.

Article V. Recycling Regulations
Division 1. Generally

4.150.520 Purpose and intent of article.

4.150.530 Collection of general refusediscarded materials by other than exclusive franchisee prohibited.

4.150.540 Removal of recyclable materials from existing state-authorized buyback centers prohibited.

4.150.550 Reporting requirements.

4.150.560 Compliance with local, state and federal regulations.

4.150.570 Disposal of unmarketable recyclable materials.

4.150.580 Recyclable materials of city – No fee for processing.

4.150.590 Indemnification of city by those engaged in recycling activities.

4.150.600 No vesting of rights, entitlements or rights to operate recycling facilities shall be recognized prior to effective date of ordinance.

4.150.610 Development of materials recovery facility prohibited.

Division 2. Recycling Organic Waste

4.150.620 Requirements for residential organic waste recycling.

4.150.630 Requirements for commercial organic waste recycling.

4.150.640 Requirements for food recovery organizations and services.

For state law authorizing city to enter into garbage and refusesolid waste disposal contracts, see H. and S.C. § 4250. As to garbage and refusesolid waste generally, see H. and S.C. §§ 4100 to 4520. As to depositing, throwing, etc., handbills on public property, see SLTCC 6.05.030. As to depositing or placing handbills in vehicles, see SLTCC 6.05.040. As to distributing, throwing, etc., on private property, see SLTCC 6.05.050. As to restrictions on outdoor fires, see SLTCC 5.05.010. As to required clearing of brush, vegetation, etc., around buildings and structures and along roadways, see SLTCC 5.05.020 to

5.05.040. As to abandoned, wrecked, dismantled or inoperative vehicles, see SLTCC 4.45.010 to

4.45.160.
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South Lake Tahoe City Code
Chapter 4.150

The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023.

Article I. In General

4.150.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, except where the context clearly indicates a different meaning, as follows:
“Bear box” means a metal container used at a residential property which is intended to store discarded materials until collection day, and which includes a locking mechanism to prevent bear access. “Bin” means a container with a hinged and tight-fitting lid and wheels designed to be mechanically serviced by a commercial collection vehicle, and that is designed to hold from one to six cubic yards of material with the lid properly closed.
“Bulky waste/furniture items” means large items of solid waste such as appliances, furniture, auto parts, trees and other oversize waste.
“Cardboard” means a thin, stiff, pasteboard made of paper pulp, used for making cartons and signs. “Carpet” means a thick, heavy covering for a floor, usually made of wool, or synthetic fiber. “Cart” means a plastic container with a hinged and tight-fitting lid and wheels that is serviced by an automated or semi-automated collection vehicle, is provided by the city’s franchisee, and which has a capacity of at least 20 and not more than 95 gallons, and is used for collection of solid waste, recyclable materials, or organic materials from commercial or residential premises. “Collection” means the complete operation of gathering together and transporting to the point of disposal or processing any garbage, refuse, rubbish, and solid waste, recyclable, transformable bulky item, or compostable organic waste materials.
“Collection fees” means the fees established as provided by law for the collection, disposal, and processing of discarded materials.
“Commercial container” means a container supplied by the franchisee to any person subscribing or receiving refuse solid waste service and constructed of metal, plastic or other suitable material in such a fashion as to be watertight.
“Commercial premises” means that portion of any building or other premises which is not a residence, residential unit or housekeeping unit.
“Compactor” means any container which has a compaction mechanism, whether stationary or mobile. “Compost pile” means a pile, pit or layer of compost.
“Compostable” means a mixture of garbage, refuse and rubbish that is composed solely of matter which is capable of decaying or decomposing and which is used as a fertilizer or soil amendment for gardening and landscaping including vegetable, yard, and wood wastes. “Container” means a city-approved receptacle for collection of solid waste, recyclable materials, or organic materials and includes bins, carts, compactors, open-top roll-off boxes, customer owned containers, and drop boxesa consumer, commercial or recycling container. Consumer containers shall be supplied by the person subscribing or receiving refuse service and shall be a container specifically designed, manufactured and distributed for the sole purpose of use as a consumer refuse/trash receptacle and shall be of a watertight, metallic or plastic construction with smooth interiors and with suitable bales or handles and with watertight fitting covers; or other similar container(s) as specifically approved jointly 1150
South Lake Tahoe City Code
Chapter 4.150

The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023. by the franchisee and the city. The capacity of each such container shall not exceed 32 gallons nor exceed 50 pounds of weight. A plastic bag of sufficient strength may be used and not filled to more than 75 percent of capacity and shall contain only organic waste, excluding food waste, and shall be securely tied at the opening; or a paper bag baled from a mechanical compactor. In lieu of or in addition to such containers, persons may contract with the franchisee agent to provide commercial containers, prepaid bags or cart service or other disposal containers or processes which the franchisee agent may provide or approve in the future, including, but not limited to, containers for recyclable and/or salvageable materials. “Construction and demolition debris (C&D)” means materials generated by or resulting from construction or demolition-related activities, including building, construction, deconstruction, demolition, excavation, grading, improvement, land clearing, reconstruction, remodeling, and renovation, such as discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on an pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste. Construction and demolition debris includes rocks, soils, tree remains, and other yard trimmings which result from land clearing or land development operations in preparation for construction.
“Curbside” means as near but in no event more than five feet, from the property line that abuts a paved public street or in the event the property does not abut a paved public street, where the property abuts a public street, alley, right-of-way or easement and in the case of a commercial location in the service alley of a commercial or institutional entity.
“Customer owned container” means a 20-32 gallon plastic can owned by the owner or occupant and used for the collection of additional recyclable materials or organic materials or for collection of solid waste in a bear box.
“Discarded materials” means recyclable materials, organic materials, and solid waste placed by a customer in a container for the purposes of collection. “Disposal” means the complete operation of disposing of refusesolid waste. “Drop box” means a container with a capacity of 10 to 40 cubic yards that is serviced by a roll-off collection vehicle.
“Edible food” means food intended for human consumption. “Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that the city or franchisee reasonably believes would as a result of or upon disposal, be a violation of local, state, or federal law, regulation, or ordinance, including land use restrictions or conditions, waste that cannot be disposed of in class III landfills, waste that in the city or franchisee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city or franchisee to potential liability; but not including de minimis volumes or concentrations of waste of a type normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of batteries and paint in compliance with sections 41500 and 41082 of the California Public Resources Code, as may be amended from time to time. Excluded waste does not include used motor oil and filters, or household batteries when properly placed for collection. “Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for human consumption either directly or through other entities, including food banks, nonprofit charitable organizations, and nonprofit charitable temporary food facilities, as defined in Section 18982(a) of Title 14 of the California Code of Regulations, as may be amended from time to time. 1151
South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023. “Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for human consumption, as defined in Section 18982(a) of Title 14 of the California Code of Regulations, as may be amended from time to time.
“Food waste” means food scraps, including fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
“Franchisee” means any person that has entered into a franchise agreement with the city to collect, remove, transport, process or dispose of solid waste or recyclables or compostables, or to operate any solid waste facility.
“Garbage” means putrescible animal or vegetable matter, and containers used for storage. “Garbage” does not include source-separated recyclables or green waste. “Green waste” means compostable material including but not limited to grass, weeds, leaves, pine needles, tree trimmings, plants, shrubbery, prunings, and such other similar materials which are generated in the maintenance of yards, gardens or landscaping, and which are separated by the generator from other solid waste materials for the purpose of recycling or composting. “Household hazardous waste (HHW)” means any substance or mixture that, if improperly handled, may be damaging to human health and well-being or a threat to the environment. HHW includes but is not limited to flammables, combustibles, poisons, toxics, oxidizers, corrosives, compressed gas, oil, antifreeze, explosives and radioactive materials as well as any other hazardous waste as defined in Health and Safety Code Section 25117 and the Hazardous Waste Management Reform Act of 1995. “Litter” is any quantity of improperly discarded solid waste, including but not limited to discarded furniture and appliances, overflowing residential and commercial trash cans, pieces of lumber and scrap metal left at a construction site, uncontainerized paper such as fast food packages, candy wrappers, cigarette butts, and/or plastic, glass, trash, debris, rubbish, refuse, garbage or junk parts and scrap materials.
“Littering” is the improper discarding, dropping or scattering of small quantities of waste matter ordinarily carried on or about the person, including but not limited to beverage containers and enclosures, packaging, wrappers, wastepaper, newspapers and magazines, in any place other than a place or container maintained for the lawful disposal thereof, including waste matter which escapes or is allowed to escape from a vehicle, container, receptacle or package.
“Medical waste” means that waste which is generated or produced, as a result of the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production of testing of biological products, including but not limited to the accumulation of property containing home-generated sharps waste.
“Multiresidential” means two or more residential units located in a single building or a unified group of buildings, and shall include, but not be limited to, two or more units located in a planned unit development, an apartment complex or a mobile home park. “Nuisance” means the existence or accumulation, without the authority of the city of South Lake Tahoe, of litter, trash, manure, rubbish, scrap materials, junk parts, garbage, or refuse of any kind upon private or public property; provided, however, that said refuse is visible to the occupants of an adjacent or nearby parcel or real property, or to the users of any right-of-way. 1152
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The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023. “Organic waste” means waste containing material originating from living organisms and their metabolic waste products, including food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, as defined in Section 18982(a)(46) of Title 14 of the California Code of Regulations, as may be amended from time to time.
“Owner” shall conclusively be deemed to be the person to whom the taxes on the property assessed as shown on the last equalized assessment roll of the county or, alternatively, from such other records of the county assessor or tax collector as contain more recent information. “Recyclables” or “recyclable material” means materials which are reused or processed or are in the future reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the California Integrated Waste Management Act. The term “recyclable material” includes paper newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers, transformable and compostable materials, used motor oil, automotive batteries, antifreeze, latex paint, brick and stone in reusable size and condition, and such other material designated by the city council, or designated as recyclables by the California Integrated Waste Management Board, or other agency with jurisdiction.
“Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.
“Recycling container” means a container, which is provided to a residential, commercial or industrial waste collection customer for the sole purpose of containing recyclable materials that are source-separated from the nonrecyclable portion of the waste stream. “Refuse” shall mean and include all other accumulations of waste matter or materials emanating from an establishment and shall include paper, cardboard, tin cans, ashes, yard clippings, wood, glass, and cloth, plastic not otherwise recyclable and similar items of waste from homes, offices and places of business.

Refuse shall not be construed to include waste materials from major demolitions, construction or remodeling, or sod, dirt or debris.
“Refuse collection fees” means the fees established as provided by law for the collection and disposal of refuse.
“Repeat offender” means a second offense refuse violation of this chapter occurring within one year at the same site.
“Residential unit” means a room or combination of rooms in a single building designed for human living, sleeping, eating and sanitary uses by a single family and their servants and nonpaying guests, and having cooking facilities. There may be more than one residential use in a single building. A mother-in-law unit is considered an additional residential unit.
“Rubbish” means all nonputrescible waste matter, whether combustible or noncombustible, except hazardous waste and medical waste.
“Sharps waste” means any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, syringes contaminated with biohazard waste, acupuncture needles, and root canal files. Broken glass items, such as Pasteur pipettes and blood vials contaminated with biohazard waste or any item capable of cutting or piercing that is contaminated with trauma scene waste. 1153
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The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023. “Single-family unit” means a dwelling which receives individual refuse solid waste and/or curbside recycling service.
“Solid waste” means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and implementing regulations. Excluded from the definition of solid waste are excluded waste, C&D, source-separated recyclable materials, edible food if it is recovered and not discarded, source-separated organic materials, and radioactive waste. Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes salvageable materials only when such materials are included for collection in a solid waste collection container not source-separated from solid waste at the site of generation. “Source-separated recyclables” means nonputrescible material, including paper, books, magazines, cardboard, box board, plastic, metal, glass, and other similar materials authorized by the city for collection by the franchisee that is separated by the generator from other waste material for the purpose of reuse or recycling, by placing the recyclables in separate containers, or by binding them separately; the recyclable material is returned to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. “Special wastes” means any designated wastes, as defined in 23 California Code of Regulations, Section 2522, and special handling waste generated by industrial facilities or processes, but shall not include “hazardous waste” as defined herein. Special wastes shall include asbestos, sewage sludge, water treatment sludge, drilling mud, grease waste, contaminated soils, shredder waste, agricultural waste, filter cake/dewatered sludge, spent catalyst fines, refinery ash and byproducts; except where any such wastes are deemed to be hazardous waste.
“Tier one commercial edible food generator” means a supermarket with gross annual sales of $2,000,000 or more, grocery store with a total facility size equal or greater to 10,000 square feet, food service provider, food distributor, or wholesale food vendor, as defined in Section 18982(a) of Title 14 of the California Code of Regulations, as may be amended from time to time. “Tier two commercial edible food generator” means a restaurant with 250 or more seats or a total facility size equal or greater than 5,000 square feet, hotel with an on-site food facility and 200 or more rooms, health facility with an on-site food facility and 100 or more beds, large venue, large event, state agency with a cafeteria with 250 or more seats or total facility size equal to or greater than 5,000 square feet, and local education agency with an on-site food facility, as defined in Section 18982(a) of Title 14 of the California Code of Regulations, as may be amended from time to time. “Transfer station” means those facilities, franchised by the city of South Lake Tahoe pursuant to this chapter, utilized to receive solid waste or recyclable material, temporarily store, separate, convert, or otherwise process the materials in solid wastes or to transfer the solid wastes directly from smaller to larger vehicles for transport.
“Waste” means the useless, unused, unwanted or discarded material resulting from normal community activities, or materials which by their presence may injuriously affect the health, safety and comfort of persons and depreciate property values in the vicinity thereof. “Waste” shall include, but not be limited to, garbage, putrescible organic material, rubbish, offal, swill, animal excreta, rubble, plaster or other waste resulting from the demolition, burning, alteration or construction of building or structures. “Yard trimmings” means a type of organic waste including green trimmings, grass, weeds, leaves, prunings, 1154
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The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023. branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic waste resulting from normal yard and landscaping maintenance.

4.150.020 Purpose and intent of chapter.

The city council, after several public discussions and hearings, makes the following findings of fact, thereby declaring its purpose:

A. A substantial portion of the homes, apartments and other residential units within the city are owned by nonresidents.

B. A substantial portion of the residential units are occupied for short periods by persons on vacations.

C. The owners or occupiers of many residential units have not made arrangements for the collection of garbage, rubbish and waste materialdiscarded materials.

D. Garbage, rubbish and waste materialDiscarded material from such residential units either:

1. Accumulates at such premises;

2. Is deposited in the streets or upon private or public property within the city; or

3. Is disposed of by depositing it in containers of other persons within the city. Any of such methods of disposal creates and constitutes a nuisance.

E. Many residents of the city who do not arrange for collection of garbage, rubbish and waste materialdiscarded materials often allow garbage, rubbish and waste materialdiscarded materials to accumulate for long periods of time and thereby create a nuisance.

F. The public health, safety and welfare of the citizens of and visitors to the city require that the accumulation, collection, removal and disposal of garbage, rubbish and waste materialdiscarded materials from residential units within the city must be handled in a manner for the greatest good and least possible inconvenience, cost and maintenance to the city and the citizens thereof.

G. The periodic collection, removal and disposal of garbage, rubbish and waste materialdiscarded materials from all residential units within the city benefits all owners, occupants or persons in possession, charge or control of all such units where such accumulates and requires removal therefrom on a regular periodic basis; and that all such owners, occupants or persons in possession, charge or control of all such units within the city should be made liable for the payment of the fees for such collection, removal and disposal irrespective of the actual use of the garbage, rubbish and waste materialdiscarded materials collection services provided by the city.

H. Multiresidential units and commercial businesses within the city, including motels and hotels, need to provide adequate removal of refuse discarded materials so as to fully comply with health codes and other governmental regulations.

4.150.025 Appeals.*
An appeal from any determination made pursuant to the provisions of this chapter may be appealed pursuant to Chapter 2.35 SLTCC.
* Code reviser’s note: Ord. 1105 adds the provisions of this section as Section 4.150.030. The section has been editorially renumbered to prevent duplication of numbering. 1155
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The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023.

Article II. Collection and Disposal Services

4.150.030 Provision for and supervision by city.

The city shall provide for the collection and disposal or processing of refuse discarded materials from all premises required to be served within the city. Such provision may be made either by letting a contract for such collection and removal or otherwise. The city or, if collection and removal services are contracted for, the removal franchisee, shall have charge and supervision of such collection and removal and shall prescribe and establish routes and days for collection and removal of refuse discarded materials from the various parts of the city so as to conform to the provisions of this chapter and may change the same from time to time. When such routes or days of collection are established or changed, not less than 10 days prior to the effect of such change, notice thereof shall be given to all parties concerned.

4.150.040 Persons authorized to collect, and dispose of, and process refusediscarded materials.

The city and its duly authorized agents, servants and employees of any franchisee with whom the city may at any time enter into a contract therefor, and the agents, servants and employees of franchisee, while any such contract shall be in force, shall have the exclusive right and obligation to collect and dispose of or process refuse discarded materials from all premises in the city.

This chapter shall not prohibit anyone licensed to do business in the city of South Lake Tahoe, during the course of performing the contracted duties, from collecting and disposing of debris C&D from a job upon which he/she isthey are working in compliance with all applicable laws, ordinances and regulations then in effect. Individuals , not businesses, may not enter into a contract with anyone other than the city’s duly authorized agents for the collection, and/or disposal, and/or processing of refuse discarded materials from premises within the city. This does not preclude individuals or businesses from legally disposing of refuse discarded materials from their own properties or properties which they manage pursuant to contract.

Article III. Collection and Disposal Requirements and Standards Division 1. Generally

4.150.080 Vehicles used to transport refusediscarded materials.

A. Every refuse, garbage and debris hauling vehicle used for the collection, removal or transportation of refuse, rubbish and debrisdiscarded materials and C&D shall be so designed and equipped as to prevent the escape or loss of any refuse, rubbish and debris while being transported. Whenever refuse, garbage and debrisdiscarded materials or C&D is transported in an unenclosed vehicle, the container in which the refuse, garbage and debris is transported shall be so designed and equipped as to prevent the escape or loss of any such refuse, garbage and debrisdiscarded materials or C&D while being so transported. Loads of tree trimmings, bushes or shrubs may be transported in open-bodied vehicles provided the material be securely tied in place to prevent scattering along the streets and alleys. Tree limbs shall be confined within the limits of the vehicle bed and shall not extend over the sides or extend beyond the tailgate of the vehicle.

B. It shall be unlawful for any person authorized to collect refuse, garbage and debrisdiscarded materials or C&D to maintain any collecting vehicle in an unclean, filthy or leaky condition or to keep such vehicle standing in any street or alley of the city longer than necessary for the actual work of collection or to conduct collection or removal in any but a sanitary manner and by sanitary methods.

4.150.090 Collection and disposal – Duty of owner or occupant.

Each person owning improved premises in the city, and each person occupying or having charge or control of improved premises in the city shall, in accordance with the terms of this chapter and all applicable state and federal regulations, make available for collection and disposal, or if a nonresidential commercial business provide legal access to collection and disposal of all refuse discarded material which 1156
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The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023. has accumulated on such premises, on the appointed day and at the appointed time, except where weather conditions prevent such collection and disposal.

4.150.100 Collection and disposal – Contract for service.

For services outside the provisions of this chapter, individuals or businesses may contract with the city or the city’s franchisee; provided, such services shall be offered and accepted according to the rate schedule applicable thereto.

4.150.110 Residential refuse containers.

Each person owning a residential unit up to and including a fourplex, and each person occupying or having charge or control of such premises, shall have the obligation to contract for collection service for each and every unit of property and provide for collection and disposal of all discarded materialsrefuse originating upon such premises in suitable containers.three carts for each residential unit to include one cart each for solid waste, source-separated recyclables, and yard trimmings. Owners or occupants may request an additional cart for solid waste for an additional charge. Residential units may share carts for recyclables and yard trimmings so long as both residential units have solid waste carts. Residential units that have bear boxes existing as of August 22, 2023, may elect to continue to use a customer owned container to be serviced from the bear box instead of a cart for solid waste. A suitable container is defined as a safety-approved dumpster or a 32-gallon or less trash can, not to exceed a loaded weight of 50 pounds with a tight-fitting lid, capable of completely containing all refuse stored within. Tied, watertight plastic bags may be used only for organic waste, except food waste. Food waste may be commingled with other waste in the dumpster or 32-gallon or less trash can.

In the event a residential refuse container is determined to be unsuitable because it no longer adequately contains refuse and repeatedly overflows, fails to adequately prevent animal intrusion or constitutes a hazard to public health, the city attorney, his/her designee, or the county health officer may order the resident to replace such container.

Each owner shall place and/or direct its tenants to place source-separated recyclable materials in the applicable container; place yard trimmings in the applicable container; and place solid waste in the applicable container; and shall not place prohibited container contaminants in containers and not place materials designated for the yard trimmings or recyclable materials containers in the solid waste containers.

Bulky items such as car parts, white goods (i.e., stoves, washers, dryers, etc.), furniture (i.e., mattresses), etc., shall be collected at additional charge to the customer. Bulky items must remain out of sight from the general public view, and shall only be placed at curbside on the arranged day of collection at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters. In the event a bulky item is placed in view of the general public without scheduled collection, the city attorney, his/her designee,manager or the county health officer shall order the refuse companyfranchisee to collect said item at the property owner’s expense.

Customers may exercise the option to deliver such bulky items directly to the transfer station at transfer station rates, or otherwise properly dispose of such bulky items.

4.150.120 Multiresidential refuse containers.

Each person owning, or having charge or control of, a multiresidential property of five units or greater shall place for collection and disposal all refuse discarded materials originating on such premises in a suitable container or containers, and may elect to be serviced either with residential containers as described in SLTCC 4.150.110 or commercial containers as described in SLTCC 150.130. A suitable 1157
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The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023. container for a multiresidential property of five units or greater is defined as a safety-approved dumpster.

Frequency of collection is to be determined by the amount of refuse generated so that collection occurs not less than once per week and as often as good sanitary practice and applicable state and federal law require.

A multiresidential property with fewer than five units may be required to provide a safety-approved dumpster if the city attorney, his/her designee, or the county health officer determines that individual 32-gallon cans are insufficient to provide proper refuse disposal. Size of container and frequency of collection are to be determined by the amount of refuse generated so that collection occurs not less than once per week and as often as good sanitary practice and applicable state and federal law require.

Bulky items such as car parts, white goods (i.e., stoves, washers, dryers, etc.), furniture (i.e., mattresses), etc., shall be collected at an additional charge to the customer. Bulky items must remain out of sight from the general public view, and shall only be placed at curbside at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters on the arranged day of collection. In the event a bulky item is placed in view of the general public without scheduled collection, the city attorney, his/her designee,manager or the county health officer shall order the refuse companyfranchisee to collect said item at the property owner’s expense. Customers may exercise the option to deliver such bulky items directly to the transfer station at transfer station rates, or otherwise properly dispose of such bulky items.

4.150.130 Commercial refuse containers.

Each person owning, or having charge or control of, a commercial premises shall place for collection and disposal all discarded materials originating on such premises in a sSuitable container or containers for nonresidential commercial establishments shall be defined as consisting of either carts for solid waste and recyclables and a bin for organic waste, or one or more compactors a minimum 32-gallon garbage can or safety-approved dumpster, with lid, sufficient to accommodate the type and amount of refuse discarded materials generated at such commercial establishment. Lids must remain closed at all times, except when refuse isdiscarded materials are being added or removed from the container. Size of container and frequency of collection shall be determined by the type and amount of refuse discarded materials generated, so that collection occurs as often as good sanitary practice and applicable state and federal law require.

Frequency of collection shall be at least once per week for commercial establishments generating food waste. Collection for commercial establishments not generating nonfood waste shall be either regularly scheduled or on an as-needed basis, unless as-needed collection is determined by the city attorney, his/her designeemanager, or the county health officer to constitute a health hazard. Contents of the container shall not extend above the rim of the container.

Bulky items such as car parts, white goods (i.e., stoves, washers, dryers, etc.), furniture (i.e., mattresses), etc., shall be collected at an additional charge to the customer. Bulky items must remain out of sight from the general public view, and shall only be placed at curbside at the property line adjacent to public street no earlier than 6:00 p.m. of the day prior to the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters on the arranged day of collection. In the event a bulky item is placed in view of the general public without scheduled collection, the city attorney, his/her designee,manager or the county health officer shall order the refuse companyfranchisee to collect said item at the property owner’s expense.

Customers may exercise the option to deliver bulky items directly to the transfer station for transfer station rates, or properly dispose of such bulky items. 1158
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The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023.

4.150.140 Determination of sufficient container size/collection frequency.

In the event a multiresidential or commercial property is determined to constitute a nuisance because of blowing debris originating from the container, or the container is determined to be insufficient to contain refusediscarded materials generated, or is determined to be a hazard to the public health or is otherwise in violation of health codes, the city attorneymanager, her/his designee, or the county health officer may order a change in the size of container, and/or increase the frequency of collection, as well as any other alternatives set forth in SLTCC 4.150.150(A) through (I), at the expense of the person owning or having charge or control of said property.

4.150.150 Mandatory collection for repeat offenders (commercial and residential).

No person owning or possessing any multiresidential dwelling or owning or possessing any single-family dwelling, or industrial, commercial or business premises or structure, shall allow or permit any excess refusediscarded materials, or rubbish, or waste to collect and accumulate upon or in the premises or structure for a period of time longer than allowed by lawin a manner that creates a nuisance.

During intervals between collection or disposal, the storage, accumulation, collection, keeping, handling or maintaining of refusediscarded materials waste on premises where produced shall be performed in such a manner as to prevent the harboring and breeding of rodents, insects and other vermin and to take adequate precautions to prevent ready access to the waste by animals; as to prevent objectionable odors in the ambient air; as not to constitute a fire hazard; and as not to result in such unsightliness as to result in the depreciation of value of adjacent property or the comfortable enjoyment of life thereon.

If it is found and determined the city manager finds and determines that during the intervals between collection or disposal, accumulation of refusediscarded materials waste results in a nuisance and thus is contrary to the public health and welfare of the city, and/or the property owner has failed to adequately provide for appropriate refuse collection and/or storage pursuant to this chapter, mandatory commercial or increased residential collection service shall be imposed for minimum of one year. Further, at the direction of the city manager, or the city manager’s designee, may impose one or more of the following corrective enforcement actions are available for imposition for a minimum of one year or longer:

A. Increasing the size of the dumpstercontainer; and/or B. Increasing the frequency of the pickupcollection service; and/or C. Ordering the removal of trailers, pickup trucks, dump trucks and storage containers under the nuisance abatement procedure pursuant to Chapter 4.40 SLTCC; and/or D. Mandating safety-approved dumpsters with tight-fitting lids; and/or E. Mandating dumpster “skirting” for containers; and/or F. Mandating relocation of dumpster; and/or
G. Mandating “controlled access” lids to prevent animal disturbances; and/or H. Mandating bear-proof refuse containers for repeat violators of single-family residences and multiresidential properties not using safety-approved dumpsters; and/or I. Any other enforcement action deemed reasonable and appropriate by the city manager or his/her designee.
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4.150.160 Mandatory multiplier for repeat offenders.

The collection of refuse, garbage and rubbishdiscarded materials from all hotels, hotel/resorts, motels, motels converted to residential units, inns, time-share condominiums and motor inns may be based upon a motel multiplier of 0.10 cubic yards, per motel unit, per week to determine a minimum level of collectionrefuse service.

The collection of refuse, garbage and rubbishdiscarded materials from all multiresidential units may be based upon a multiresidential multiplier of 0.40 cubic yards, per residential unit, per week to determine a minimum level of refuse collection service.

Nothing in this section is intended to prevent any arrangement, or the continuance of an existing arrangement, under which payments to the franchisee for garbage collection service are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the owner’s obligation as provided herein.

4.150.170 Frequency of disposal.

Collection of refuse solid waste shall be made at least once a week from single-family residences and multiresidential units, or as many times per week as the city manager or the city manager’s designee may order.

No more than one week’s accumulation of refuse, garbage and rubbishsolid waste or food waste shall be kept or permitted to remain upon any commercial premises in the city.

At the minimum, there shall be at least one collection per week from restaurants; cafes; diners; hamburger stands; coffee shops; coffee houses; fast food places; grocery stores; vegetable, meat, poultry or fish markets, or fresh drink stands; and any other commercial establishment generating food waste.

4.150.180 Storage.

No person shall store discarded materials refuse, garbage or rubbish will be allowed to be stored in trucks, trailers, vans, delivery wagons, pickup trucks, truck trailers or dump trucks, orand any other unapproved storage containers for more than 48 hours.

4.150.190 Bulky items.

All bulky items (nonhazardous) left at curbside will be picked up by the franchisee during regularly scheduled route days and the account holder will be billed accordingly.

4.150.200 Exception – Vacant establishments.

The owner or person in possession, charge or control of any commercial establishment shall not be required to subscribe to services provided by a franchisee during such periods as the establishment is vacant and not generating or accumulating solid waste, garbage or refusediscarded materials. Nor shall commercial establishments in residential units with a business license be subject to additional mandatory commercial collection.

4.150.210 Placement of residential containers for collection purposes.

Suitable containers for residential service, up to and including a fourplex, shall be placed in such a manner as not to be readily visible from public streets; provided, that during the time fixed for collection from the premises, receptacles and plastic bagscontainers shall be placed for collection as follows:

A. Residential containersCarts and customer owned containers shall be placed at the property line adjacent to a public street no earlier than 6:00 a.m. on the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved sheltersexcept for approved customer owned containers which may remain in a bear box for solid waste collection. During snow removal conditions, franchisee is only required to 1160
South Lake Tahoe City Code
Chapter 4.150

The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023. service bear boxes where a direct path of access at least 36 inches wide has been cleared of snow from the public street to the bear box.

B. Refuse company personnelDuring snow removal conditions, franchisee shall be responsible for the return of containers to a location 20 feet back from the front property line 10 feet outside of the right-of-way to avoid interference with or damage from city snow removal operations, so long as a path of access at least 36 inches wide has been cleared of snow from the public street to a point 10 feet outside of the right-of-way.

C. During periods of heavy snowsnow removal conditions, customers shall provide a clear path for the return of containers to a point 20 feet from said property line 10 feet outside of the right-of way.

D. Containers which have become so damaged as to be no longer suitable for use, which no longer have tight-fitting lids, and are so designated by refuse company personnel, the city attorney, his/her designee, or the county health officer, shall be replaced by the customer with a suitable container.

ED. Shelter or housing for refuse receptacles as well as commercial dumpsters containers shall not be constructed or installed until approved by the city planning division.

4.150.220 Placement of commercial containers for collection purposes.

Suitable containers for commercial service, other than safety-approved dumpsters, shall be placed in such a manner as not to be readily visible from public streets; provided, that during the time fixed for collection from the premises, containers are placed for collection in such a manner as previously approved by franchisee.

Commercial containers shall be placed at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters. Refuse companyFranchisee personnel shall be responsible for the return of containers to the front property line. During periods of heavy snow removal conditions, residentscustomer shall provide and maintain a clear path for the retrieval and return of containers to a point 20 feet behind the property line 10 feet outside of the right-of-way. Shelter or housing for commercial dumpsters shall not be constructed or installed until approved by the city planning division.

Containers which have become so damaged as to be no longer suitable for use, which no longer have tight-fitting lids, and are so designated by refuse company personnelfranchisee, the city attorney, his/her designeemanager, or the county health officer shall be replaced by the resident and/or business owner with a suitable container.

4.150.230 Placement of multiresidential containers for collection purposes.

Suitable containers for mMultiresidential servicepremises of five units or greater shall comply with either SLTCC 4.150.210 or 4.150.220, depending on whether the owner has elected to use residential containers or commercial containers., up to and including a fourplex, shall be placed in such a manner as not to be readily visible from public streets; provided, that during the time fixed for collection from the premises, receptacles and plastic bags shall be placed for collection as follows:

A. Multiresidential containers shall be placed at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters.

B. Refuse company personnel shall be responsible for the return of containers to a location 20 feet back from the front property line.
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South Lake Tahoe City Code
Chapter 4.150

The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023.

C. During periods of heavy snow, customers shall provide and maintain a clear path for the return of containers to a point 20 feet from said property line.

D. Containers which have become so damaged as to be no longer suitable for use, which no longer have tight-fitting lids, and are so designated by refuse company personnel, the city attorney, his/her designee, or the county health officer shall be replaced by the customer with a suitable container.

E. Shelter or housing for multiresidential refuse receptacles shall not be constructed or installed until approved by the city planning division.

4.150.240 Removal of containers from public view.

All residential, including multiresidential, and commercial refuse containers, other than safety-approved dumpsters, shall be removed from public view not later than 6:00 p.m. on the appointed day of collection; provided, however, that refuse containers within shelters or housing approved in accordance with SLTCC

4.150.210(ED) shall be within such shelters or housing not later than 6:00 p.m. on the appointed day of collection.

4.150.250 Owner’s responsibility for other refuse.

The collection and disposal of any refuse which is excepted from collection and disposal by the refuse companyfranchisee shall be the sole responsibility of the owner upon whose property such refuse originates. The owner will not leave such refuse at the front property line or in such a manner as to be readily visible from the public street.

4.150.260 Standards and responsibilities regarding dumpsters.

A. Standards. The American National Standard Safety Requirements for the Stability of Refuse Bins (hereinafter known as Standards) is hereby adopted and incorporated in the South Lake Tahoe city code by reference. A full and complete copy of the requirements is on file in the South Lake Tahoe city clerk’s office and in the business office of South Tahoe Refuse Company located at 2140 Ruth Avenue, South Lake Tahoe, CA.

B. Responsibilities. The following responsibilities shall apply:

1. Manufacturer Responsibility. It shall be the responsibility of the manufacturer of refuse bins to design and construct newly manufactured refuse bins in conformance with Sections 3 and 5 of the Standards.

Newly manufactured refuse bins shall have a permanent identification of the name of the manufacturer and either the date of manufacture or a code traceable to the date of manufacture.

A statement attesting to compliance with this standard shall also be provided on the permanent identification.

The manufacturer of refuse bins shall inform purchasers of the refuse bins of the applicable requirements of this standard.

2. Retrofitter Responsibility. It shall be the responsibility of persons who retrofit or modify refuse bins to modify or reconstruct in-service bins in conformance with Sections 3 and 5 of the Standards.

3. Owner Responsibility. It shall be the responsibility of the owner of refuse bins to ensure that refuse bins are modified or retrofitted to meet the requirements of the Standards.

It shall be the responsibility of the owner of refuse bins to ensure that the only refuse bins that are in conformance with Sections 3 and 5 of the Standards are used. 1162
South Lake Tahoe City Code
Chapter 4.150

The South Lake Tahoe City Code is current through Ordinance 1180, passed November 21, 2023.

The owner of refuse bins shall inform the customer of necessary safety precautions and requirements associated with the use of the bins including, but not limited to, the requirements specified in subsections (B)(3)(a) through (d) of this section:
a. Refuse bins shall be placed on a hard, level, weather-resistant surface. b. Refuse bins shall be loaded uniformly, with no refuse extending beyond the internal volume of the bin.
c. All safety features for stability shall be used, such as fasteners (where required) to secure the refuse bin to a stationary object.
d. The customer shall inform the owner of the refuse bins of any damage, defect or malfunction of the refuse bin.

The owners shall train their employees in the use, handling and placement of refuse bins so as to be in conformance with the requirements of these Standards.

4. Refuse Franchisee Responsibility. The refuse franchisee shall train its employees in the use, handling and placement of refuse bins so as to be in conformance with the requirements of these Standards. The refuse franchisee shall inform the owner of the refuse bins of any damage, defect or malfunction of the refuse bin.

5. Refuse Franchisee Employee Responsibility. The employee of the refuse franchisee shall return the refuse bins to their original location after unloading. If the location of the refuse bins is not a hard, level, weather-resistant surface, the employee of the refuse franchisee shall notify the customer and the owner.

6. Customer Responsibility. The customer shall be responsible for ensuring that a hard, level, weather-resistant surface is provided for the placement of refuse bins.

The customer shall ensure that refuse bins used are placed on the customer’s premises in conformance with the applicable requirements of the Standards.

Division 2. Residential Units and Commercial Establishments

4.150.270 Required use of authorized collection.

Each person owning one or more improved residential units or commercial premises in the city, and each person occupying or having charge or control of improved residential or commercial premises in the city, shall make available for collection, not less than once each week on the appointed day and at the appointed time, all refusediscarded material which has accumulated on such premises. Each person who is an owner, occupant or person in possession, charge or control of a parcel of property upon which there exists a residential unit or commercial enterprise shall subscribe to and use, and shall dispose of all refuse discarded material through, the regular refuse collection and disposal service of the city or its authorized removal franchisee.

4.150.280 Access to receptacles for collection purposes.

Each person required by the provisions of this chapter to accept mandatory refuse collection and disposal services shall provide reasonable access to refuse receptaclescontainers on the appointed day of collection. Periods of inclement weather shall not excuse any such person from affording such reasonable access to refuse receptaclescontainers.
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South Lake Tahoe City Code
Chapter 4.150