South Lake Tahoe City Council
June 18, 2024

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

City of South Lake Tahoe
City Council, South Tahoe Redevelopment Successor
Agency, South Tahoe Joint Powers Parking Financing
Authority
Meeting Agenda
Tuesday, June 18, 2024 at 5:30 pm
1901 Lisa Maloff Way
Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live and via ZOOM at this link https://us06web.zoom.us/j/82170350835
A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk's Office, (530) 542-6005 or [email protected] Providing Public Comment:

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

Remote Participation: If you are joining the meeting via ZOOM and would like to make a comment, press the "raise a hand" button. If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is: 821 7035 0835. press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak. Note: The Mayor reserves the right to conduct the meeting with in-person public participation only, if there is a technology malfunction that precludes the use of remote public participation.

In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City 1 1. Proclamation Recognizing July 2024, as "Disability Pride Month"

2. Proclamation Recognizing July 2024, as "Parks Make Life Better Month" Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected]. When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.

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

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

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

Land Acknowledgement
Land Acknowledgement - The City of South Lake Tahoe acknowledges the lands we occupy today are the lands and home of the Wašíšiw, the people from here known today as the Washoe Tribe of Nevada and California, a sovereign nation. Since the beginning of time and for thousands of years before the arrival of any other people, the Washoe lived here and cared for this place, with values and intention that we can all learn from. On behalf of the City Council, I would like to acknowledge, thank, and honor the Indigenous Washoe Tribal Communities that are the past, present, and future stewards of the Lake Tahoe Basin.

Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
Proclamations
Requested Action / Suggested Motions: Issue a Proclamation to Access Tahoe, recognizing July 2024, as "Disability Pride Month".

Responsible Staff Member(s): Susan Blankenship, City Clerk Item 1- Executive Summary.pdf
Proclamation - July 2024 Disability Pride Month.pdf
Requested Action / Suggested Motions: Issue a proclamation to the City of South Lake Tahoe Parks & Recreation Department, recognizing July 2024, as "Parks Make Life Better Month".

Responsible Staff Member(s): Susan Blankenship, City Clerk Item 2- Executive Summary.pdf
Proclamation - July 2024 Parks Make Life Better Month.pdf Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or 2 3. City Council Meeting Minutes

4. Agreement with Blink Network, LLC for Electric Vehicle Chargers, Operations & Maintenance, and Management Platform

5. Senate Bill 1 Road Maintenance and Rehabilitation Account Project List for FY24/25

6. Amendment to American Rescue Plan Act of 2021 (ARPA) Funding Budget Appropriations questions posed. (Government Code Sections 54954.2)
City Commission Reports
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda.

Comments shall be limited to three (3) minutes.

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

Any Councilmember may have an item on the consent agenda removed and considered separately upon request.

Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.

Requested Action / Suggested Motions: Pass a Motion to approve the June 4, 2024 Regular City Council meeting minutes.

Responsible Staff Member(s): Susan Blankenship, City Clerk Item 3- Executive Summary.pdf
06 04 2024 City Council Minutes.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute an Agreement with Blink Network, LLC for an amount of $97,316.90 for the purchase of 10 dual Level 2 electric vehicle chargers, freight, and operations and maintenance for 10 years.

Responsible Staff Member(s): Sara Letton, Sustainability Coordinator, and Anush Nejad, Public Works Director
Item 4- Executive Summary.pdf
01 - Staff Report - Agreement with Blink Network LLC for EV Chargers.docx 02 - Agreement with Blink.pdf
03-Blink Network Terms and Conditions.pdf
Requested Action / Suggested Motions: Pass a Resolution adopting a List of Projects for the Fiscal Year 2024/2025 Funded by SB 1: The Road Repair and Accountability Act of 2017 and in-part with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues.

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

Responsible Staff Member(s): Stephen Anderjack, Associate Civil Engineer Item 5- Executive Summary.pdf
01-Staff_Report-RMRA_Project_List 2025.docx
02-Resolution - SB1 Road Maintenance and Rehabilitation.docx 03-RMRA Estimate.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing Fiscal Year 2023-2024 budget amendments for reallocating American Rescue Plan Act (ARPA) funding, consistent with the requirements of statutory category C, Revenue Loss for the provision of government services, and approving additional budget transfers for active Capital Improvement Projects.

Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 6- Executive Summary.pdf
3 7. Ski Run Park Donation Acceptance

8. Professional Services Agreement with Lumos & Associates for Planning and Design Feasibility Services for the Stateline Complete Streets Project

9. Amendment No. 2 to Agreement with Wildscape Engineering, Inc. for Additional Design Services for the Upper Bijou Park Creek Watershed Restoration Project

10. Agreement with Black Eagle Consulting for Inspection, Materials Testing and Constructability Review Services for Citywide Capital Improvement Projects 01-Staff Report ARPA funding budget amendments.docx
02-Resolution - ARPA funding Budget amendments.docx
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the City Manager to accept Grant Deed and accept donation, valued at $175,000, of Ski Run Community Park for dedicated use as a public park from SkiRunPark LLC, upon completion of park improvements and passing inspections.

Responsible Staff Member(s): Hilary Roverud, Assistant City Manager Item 7- Executive Summary.pdf
01-Staff Report - Ski Run Park Donation Acceptance.docx 02-C-069-2021 Friends of Ski Run MOU
03-Appraisal
04-Resolution Authorizing Acceptance of Ski Run Park.docx 05-Grant Deed (Exh. A to Reso).doc
Requested Action / Suggested Motions: Pass a Resolution authorizing the Director of Finance to reallocate funds from the Linear Park Bike Path Project to the Stateline Complete Streets Project and authorizing and directing the Mayor to execute a Professional Services Agreement with Lumos & Associates for Planning and Design Feasibility Services for the Stateline Avenue Complete Streets Project for the amount of $227,200.

CEQA Determination: This action is statutorily exempt from review under CEQA Guidelines section 15262 (Feasibility and Planning Studies) and Categorically Exempt under section 15305, Class 6 (Information Collection).

Responsible Staff Member(s): Jason Burke, Complete Streets Program Manager Item 8- Executive Summary.pdf
01-Staff Report - Stateline Complete Streets Project.docx 02-StatelineVicinityMap.pdf
03-Resolution Stateline.docx
04-Professional Services Agreement with Lumos.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 2 to the Agreement with Wildscape Engineering, Inc. for additional design services for the Upper Bijou Park Creek Watershed Restoration Project for the amount of $54,863.40 for a total not-to-exceed contract amount of $538,184.09.

CEQA Determination: The Planning Commission adopted the Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020, and on May 16, 2024, the Planning Commission adopted an addendum to the CEQA Initial Study/Mitigated Negative Declaration. This action does not require additional review under CEQA Guidelines section 15162.

Responsible Staff Member(s): Jason Burke, Complete Streets Program Manager and Brianna Greenlaw, Associate Civil Engineer
Item 9- Executive Summary.pdf
01-Staff Report - Wildscape Amentment No. 2.docx
02-Project Location Map.pdf
03-C-106-2021 Wildscape.pdf
04-C-028-2023 Wildscape Amendment1.pdf
05-Wildscape PSA Amendment 2.pdf
4 11. 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 (Second Reading)

12. Excusing Mayor Pro Tem John Friedrich from Attending City Council Meetings on May 21, June 4, and June 18 Due to Illness

13. Approval of City Salary Table

14. Defensible Space Ordinance (Second Reading)
Requested Action / Suggested Motions: Pass a Resolution appropriating $96,000 from salary savings for construction inspection services and materials testing services for citywide capital improvement projects and authorizing and directing the Mayor to execute a contract with Black Eagle Consulting for $205,000 for inspection, materials testing and constructability reviews for 2024 citywide capital improvement projects.

Responsible Staff Member(s): Anush Nejad, Director of Public Works Item 10- Executive Summary.pdf
01-Staff Report - Inspection Award.docx
02 - PSA with Black Eagle for Inspection Material Testing Services.pdf 03-Resolution - Inspection Services.docx
Requested Action / Suggested Motions: Pass 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.

CEQA Determination: This action is exempt from review 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).

Responsible Staff Member(s): Heather Stroud, City Attorney Item 11- Executive Summary.pdf
01 - Staff Report - Amendments to Refuse and Trash Code for 3 Carts (2nd Reading).docx 02 - Ordinance - 3 Carts.docx
03 - Ordinance Redline.pdf
04 - Public Notice Garbage & Refuse 2 Cart System.pdf
Requested Action / Suggested Motions: Pass a Resolution excusing Mayor Pro Tem John Friedrich from attending City Council meetings on May 21, June 4, and June 18 due to illness.

Responsible Staff Member(s): Heather Stroud, City Attorney Item 12- Executive Summary.pdf
01 - Staff Report - Excusing Absences.docx
02 - Resolution - Excusing Absences.docx
Requested Action / Suggested Motions: Pass a Resolution approving the City Salary Table in compliance with the California Code of Regulations and CalPERS requirements.

Responsible Staff Member(s): Ember Buckman, Human Resources Manager Item 13- Executive Summary.pdf
01-Staff Report Approval of City Salary Tables.docx
02-Resolution Approval City Salary Table.docx
03 - City of South Lake Tahoe Salary Table 06 04 2024 (Exh A to Reso).pdf Requested Action / Suggested Motions: Pass an Ordinance to Establish a Hazardous Vegetation and Combustible Material Abatement Program, and Similar Vegetation Management and Defensible Space Requirements.

CEQA Determination: This Ordinance is exempt from review 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 5 15. Direct Charge for Mello-Roos Special Tax for Community Facilities District No. 1995-1 for Fiscal Year 2024-2025

16. Annual Special Tax for Community Facilities District 2001-1 Series 2015 Special Tax Refunding Bonds for Fiscal Year 2024-2025

17. Agreement with Ensight Technologies, LLC for Bellamy Parking Garage Equipment Procurement

18. Tourist Core Area Plan/Specific Plan Amendments and Adoption of Initial Study/Negative Declaration
due to extra hazardous fire conditions).

Responsible Staff Member(s): Kim George, Fire Marshal and Jim Drennan, Fire Chief Item 14- Executive Summary.pdf
01-Staff Report-Second Reading.docx
02-Ordinance.docx
03- Public Notice Defensible Space.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing certification of direct charge for Mello-Roos Special Tax for Community Facilities District No. 1995-1 for Fiscal Year 2024-2025.

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

Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 15- Executive Summary.pdf
01-Staff Report 1995-1 CFD for FY2425.docx
02-Resolution 1995-1 CFD for FY2425.docx
03-FY2425 SLT CFD 1995-1 Preliminary Roll.pdf
South Tahoe Redevelopment Successor Agency - Consent
Requested Action / Suggested Motions: Acting as the South Tahoe Redevelopment Successor Agency, Pass a Resolution Establishing the Annual Special Tax for Community Facilities District 2001-1 (Park Avenue Project) Series 2015 Special Tax Refunding Bonds (Heavenly Village) for Fiscal Year 2024-2025.

Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 16- Executive Summary.pdf
01-Staff Report CFD 2001-1 FY2425.docx
02-STRSA Resolution CFD No 2001-1.docx
03-FY2425 CFD 2001-1 Preliminary Roll 2p.pdf
South Tahoe Joint Powers Parking Financing Authority - Consent Requested Action / Suggested Motions: Acting as the South Tahoe Joint Powers Parking Financing Authority, Pass a Motion authorizing and directing the Chair to execute a two year contract, with an option to extend for years 3-7, with Ensight Technologies, LLC for $286,117.31, plus a 5% contingency for $14,305, for the Bellamy Parking Garage Upgrade Project.

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

Responsible Staff Member(s): Jeff Roberson, Support Lieutenant Item 17- Executive Summary.pdf
01-Staff Report - Bellamy Parking Garage PARCS-APGS Award.docx 02 - Agreement for PARCS-APGS_RFP (6-11-24).pdf
Public Hearing
Requested Action / Suggested Motions: Pass a Resolution (1) Adopting the Tourist Core Area Plan/Specific Plan Amendments and the Initial Study/Negative Declaration, and (2) making additional findings.

CEQA Determination: The City of South Lake Tahoe has prepared an Initial Study and Negative 6 19. Tahoe Valley Area Plan Amendments and Adoption of the Initial Study/Mitigated Negative Declaration

20. South Tahoe Refuse Delinquent Refuse Fees Report

21. Cannabis Revenues Grant Program Award Recommendations Declaration analyzing and addressing potential environmental impacts of the amendments.

Planning Commission made a recommendation to City Council to adopt the IS/ND, finding that there is no substantial evidence that the proposed Tourist Core Area Plan Amendments will have a significant effect on the environment.

Responsible Staff Member(s): John Hitchcock, Planning Manager Item 18- Executive Summary.pdf
01-Staff Report - Tourist Core Area Plan Specific Plan Amendments Adoption.docx 02-Resolution-Tourist Core Area Plan Specific Plan Amendments.docx 03-Initial Study/Initial Environmental Checklist (Exh. 1 to Reso).pdf 04-Final Initial Study/Negative Declaration (Exh. 2 to Reso).pdf 05-TCAP Amendments (Exh. 3 to Reso).pdf
06-Notice of Availability/Notice of Intent to Adopt Negative Declaration.pdf 07-Notice of Determination.pdf
08-Public Notice.pdf
Requested Action / Suggested Motions: Pass a Resolution (1) Adopting the Initial Study/Mitigated Negative Declaration and the Tahoe Valley Area Plan/Specific Plan Amendments, and 2) making additional findings.

CEQA Determination: The City of South Lake Tahoe has prepared an Initial Study and Mitigated Negative Declaration analyzing and addressing potential environmental impacts of the amendments. Planning Commission made a recommendation to City Council to adopt the IS/MND, finding that there is no substantial evidence that the proposed Tahoe Valley Area Plan Amendments will have a significant effect on the environment.

Responsible Staff Member(s): Anna Kashuba, Senior Planner Item 19- Executive Summary.pdf
01-Staff Report - TVAP Amendments.docx
02-Resolution - TVAP Amendments.docx
03-Tahoe Valley Area Plan Amend IS IEC (Exh. 1 to Reso).pdf 04-IS Mitigated Negative Declaration (Exh. 2 to Reso).pdf 05-TVAP Amendments (Exh. 3 to Reso).pdf
06-TVAP Amendments_tracked_changes.pdf
07-TVAP Amendment NOA and NOI_2024.docx
08-TVAP Notice of Determination.pdf
09-Tahoe Daily Tribune Notice.pdf
Requested Action / Suggested Motions: Pass a Resolution confirming the Final Delinquent Fees Report and directing the Finance Department to send a certified copy of the Report to the El Dorado County Auditor-Controller to add the delinquent amounts to the county property tax rolls for collection.

Responsible Staff Member(s): Gretchen Schooleman, Assistant Planner Item 20- Executive Summary.pdf
01-Staff Report - South Tahoe Refuse Delinquent Refuse Fees Report.docx 02-Resolution Confirming STR Delinquent Fee Report .docx 03-South Tahoe Refuse Delinquent Refuse Fees Report (Exh. A to Reso).pdf 04-Planning Commission Resolution.pdf
05-Tribune Public Notice.pdf
Regular-Unfinished Business
Requested Action / Suggested Motions: 1) Pass a Resolution appropriating an additional allocation of $6,257.45 of Cannabis Program Revenue toward the 2024 Cannabis Revenue Grant Program for 7 22. Presentation of Elections Code Section 9212 Report for Vacancy Tax Citizens Initiative Petition

23. General Municipal Election Consolidation

24. Agenda Planning Calendar
a total amount of $411,861.32; 2) Pass a Motion authorizing Councilmember Wallace to execute the Resolution; and 3) Pass a Motion approving the grant awards to the projects recommended by the grant application review committee.

Responsible Staff Member(s): Sara Letton, Sustainability Coordinator Item 21- Executive Summary.pdf
01 - Staff Report Cannabis Revenues Grant Awards 2024.docx 02-Resolution - Cannabis Revenue Grant Funding.docx
03 - Res 2023-016 Cannabis Revenue Policy Process and Guidelines.pdf Requested Action / Suggested Motions: Pass a Motion to accept Elections Code Section 9212 Report and direct City Clerk to post final version online.

Responsible Staff Member(s): Heather Stroud, City Attorney, and Olga Tikhomirova, Director of Finance
Item 22- Executive Summary.pdf
01 - Staff Report - Presentation of Elections Code 9212 Report.docx 02 - 9212 Report for Vacancy Tax Initative.pdf
Regular-New Business
Requested Action / Suggested Motions: Pass a Resolution calling and ordering to be held in the City of South Lake Tahoe, County of El Dorado, a General Municipal Election to be consolidated with the Statewide General Election to be held on Tuesday, November 5, 2024, for the purpose of submitting to the electorate a Citizen’s Initiative entitled “An Initiative to Establish a Tax on Owners of Vacant Residential Units in the City of South Lake Tahoe” and for the purpose of the election of two (2) Council Members.

Responsible Staff Member(s): Susan Blankenship, City Clerk Item 23- Executive Summary.pdf
01-Staff Report - General Municipal Election Consolidation.docx 02-Resolution-Ordering Election and Requesting EDC Consolidation.docx 03-Exhibit A - Full Text of Measure-Residential Vacancy Tax Agenda Planning Calendar
Requested Action / Suggested Motions: A Councilmember may request that an item be placed on a future agenda. Upon the support of one (1) additional Council Member, direction shall be given to the City Manager to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made, and/or modify the Agenda Planning Calendar as desired.

Responsible Staff Member(s): Joe Irvin, City Manager and Susan Blankenship, City Clerk Item 24- Executive Summary.pdf
APC - 06 13 2024.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday June 18, 2024, City Council Meeting was posted and available for review on Thursday, June 13, 2024, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City's website at https://www.cityofslt.us. 8 Signed June 13, 2024
\\sb\\ Susan Blankenship, Elected City Clerk
9 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 18, 2024
Agenda Item #:1
Agenda Item: Proclamation Recognizing July 2024, as "Disability Pride Month" Executive Summary: On June 4, 2024, City Council provided consensus to bring this Proclamation forward.

Requested Action / Suggested Motions: Issue a Proclamation to Access Tahoe, recognizing July 2024, as "Disability Pride Month".

Responsible Staff Member: Susan Blankenship, City Clerk Attachments:

Proclamation - July 2024 Disability Pride Month.pdf
10 City of South Lake Tahoe
Proclamation
Recognizing July 2024 as
“Disability Pride Month”
Whereas, the Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, to ensure the civil rights of individuals with disabilities; and Whereas, Disability Pride Month is celebrated each July to commemorate the anniversary of the ADA and to honor the history, achievements, experiences, and struggles of the disability community; and
Whereas, the City of South Lake Tahoe recognizes the importance of inclusion, accessibility, and the diverse contributions of individuals with disabilities to our community; and
Whereas, Disability Pride Month is a time to promote visibility, self-advocacy, and pride within the disability community, while also raising awareness and fostering a more inclusive society for all; and
Whereas, the City of South Lake Tahoe is committed to ensuring equal opportunities and the full participation of people with disabilities in all aspects of life, including education, employment, recreation, and civic engagement; and
Whereas, Disability Pride Month provides an opportunity to celebrate the talents and skills that people with disabilities bring to our community, and to affirm our dedication to creating a more equitable and accessible environment for everyone; and Whereas, the City of South Lake Tahoe encourages all residents to recognize and support the rights, dignity, and independence of individuals with disabilities; Now, therefore, the City Council of the City of South Lake Tahoe does herby proclaim July 2024 as “Disability Pride Month” in the City of South Lake Tahoe, and encourage all residents to join in this observance by celebrating the contributions of individuals with disabilities and promoting a culture of inclusivity and respect. _____________________ __________________________
Cody Bass, Mayor Susan Blankenship, City Clerk
11 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 18, 2024
Agenda Item #:2
Agenda Item: Proclamation Recognizing July 2024, as "Parks Make Life Better Month" Executive Summary: On June 4, 2024, City Council provided consensus to bring this Proclamation forward.

Requested Action / Suggested Motions: Issue a proclamation to the City of South Lake Tahoe Parks & Recreation Department, recognizing July 2024, as "Parks Make Life Better Month".

Responsible Staff Member: Susan Blankenship, City Clerk Attachments:

Proclamation - July 2024 Parks Make Life Better Month.pdf 12 City of South Lake Tahoe
Proclamation
Recognizing July 2024 as
“Parks Make Life Better!” Month
Whereas, Parks and Recreation promotes physical, emotional and mental health and wellness through organized and self-directed fitness, play, and activity; and, Whereas, Parks and Recreation supports the economic vitality of communities by providing frontline jobs, childcare for the essential work force and promoting community revitalization; and, Whereas, Parks and Recreation creates memorable experiences through engaging virtual and physically distanced programs, dynamic online events and new learning opportunities designed to keep families active while stay-at-home orders are in place and beyond; and, Whereas, Parks and Recreation fosters social cohesiveness in communities by celebrating diversity, providing spaces to come together peacefully, modeling compassion, promoting social equity, connecting social networks, and ensuring all people have access to its benefits; and, Whereas, Parks and Recreation supports human development and endless learning opportunities that foster social, intellectual, physical and emotional growth in people of all ages and abilities; and, Whereas, Parks and Recreation strengthens community identity by providing facilities and services that reflect and celebrate community character, heritage, culture, history, aesthetics and landscape; and Whereas, Parks and Recreation facilitates community problem and issue resolution by providing safe spaces to come together peacefully and serving as key points of service, helping our communities heal both physically and emotionally; and,
Whereas, Parks and Recreation sustains and stewards our natural resources by protecting habitats and open space, connecting people to nature, and promoting the ecological function of parkland; and, Whereas, Parks and Recreation supports safe, vibrant, attractive, progressive communities that make life better through positive alternatives offered in their recreational opportunities; and, Whereas, Parks and Recreation remains versatile and innovative in providing vital services to communities through local, national, or global emergencies, all while adhering to guidelines set forth by governing agencies; and,
Whereas, The California Park & Recreation Society has released a statewide public awareness campaign, “Parks Make Life Better!®” to inform citizens of the many benefits of utilizing parks, facilities, programs, and services; now, therefore, be it resolved that the citizens of California recognize the importance of access to local parks, trails, open space, and facilities for the health, wellness, development, inspiration, and safety of all Californians.

Therefore, the City Council of the City of South Lake Tahoe recognizes the importance of access to local parks, recreation, trails, open space, and facilities. We therefore declare the month of July 2024 as Parks Make Life Better!® Month.
_______________________________ __________________________ Cody Bass, Mayor Susan Blankenship, City Clerk
13 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 18, 2024
Agenda Item #:3
Agenda Item: City Council Meeting Minutes
Executive Summary: City Council is asked to formally approve the June 4, 2024 Regular City Council meeting minutes.

Requested Action / Suggested Motions: Pass a Motion to approve the June 4, 2024 Regular City Council meeting minutes.

Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
06 04 2024 City Council Minutes.pdf
14 06 04 2024 CC Minutes
City of South Lake Tahoe
City Council Meeting Minutes
Tuesday, June 4, 2024 at 9:00 am
City Hall - Council Chambers - 1901 Lisa Maloff Way,
South Lake Tahoe
NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us Call to Order/ Pledge of Allegiance
Mayor Bass called the meeting to order at 9:01 a.m.

Land Acknowledgement
Mayor Bass read the Washoe Tribe of Nevada and California Land Acknowledgement.

Roll Call
Present were Mayor Bass, and Councilmembers Creegan, Wallace, and Robbins.

Mayor Pro Tem Friedrich was absent.

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

Closed Session Report
None.

Proclamations

1. Issued a Proclamation to Tom Davis, El Dorado County Fair Board Director, recognizing June 13-16, 2024 as "El Dorado County Fair Week"

2. Issued a Proclamation Victoria Ortiz, Lake Tahoe Bicycle Coalition Secretary, recognizing June 2024 as "Lake Tahoe Bike Month"
Public Communications

1. Stacey Ballard, Access Tahoe- Thank you for Wheelchair availability at Tahoe Beaches

2. Angie Reagan, Access Tahoe- Thank you for disability awareness, request for more inclusion training Public Comment was heard from the following people:

1. Asa Briggs- Cell towers

2. Ralph Abernathy- Tahoe Heartbeat

3. Annie Alowa- Tahoe Posperity Center

4. Evan Bevan- City Clerk Blankenship

5. Ambrose Bierce- Councilmember Creegan

6. Rob Bilott- Tahoe Locals Rising
15 06 04 2024 CC Minutes

7. Nellie Bly- Councilmember Creegan

8. Jim Bohlen- Cell towers

9. James Bramston- City Clerk Blankenship

10. State Scenic Highway System

11. Oscar Cesare- City Council expenses

12. Edith Chase- Cell towers

13. Ernest Coe- Cell towers

14. Saundra Edwards- Bijou Creek Park

15. Saundra Edwars 2- Councilmember Wallace

16. Danny Elfman- Cell towers

17. Peter Ellenshaw- Neo-feudalism

18. Paul Geske- City Clerk Blankenship

19. Stella Gibbons- City Council

20. Susan Griffin- City staff conflict of interest

21. Sydney Griffin- Conserved land parcels

22. Warren Harding- Cell towers

23. Will Irwin- Public Utility Easement

24. Udo Keppler- City Council

25. Robert La Follette- Business bad to locals

26. James Lowell- Tahoe Prosperity Center, Tahoe Chamber. LTVA

27. George Marsh- City Manager Irvin

28. Gustavus Myers- City Manger Irvin

29. A.E Neuman- City Attorney Stroud

30. Dorthy Parker- City Manager Irvin

31. Walter Pinniped- Councilmember Wallace

32. John Powell- Bijou Park Creek Restoration

33. Jacob Riis- Public Records

34. Jacob Riis 2- Tahoe Chamber

35. Jacques Rousseau- Affordable Housing

36. Charles Russel- Former Mayor Collin

37. Shirley Briggs- Cell towers

38. George Shaw- Lew Feldman

39. Phucket Sherpa- Cory Rich

40. Vasily Sleptsov- Ski Run Park

41. Richard Smothers- Assistant City Manager Roverud

42. Mark Sullivan- Closed door meeting

43. Jonathan Swift- Councilmember Creegan

44. John Turner- Councilmember Creegan and Friedrich

45. Edgar Wayburn- City Council

46. Daniel Weaver- Councilmember Wallace

47. Paul Weitz- Jamie Orr

48. Paul Weitz 2- Councilmember Wallace
City Commission Reports
None.

Consent Agenda
Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Creegan, Wallace, Robbins

Absent: Friedrich
Action: Passed the Consent Agenda

3. City Council Meeting Minutes
Action: Passed Motion 2024-052 approving the May 7, 2024 Regular City Council meeting minutes. 16 06 04 2024 CC Minutes

4. Investment Portfolio Report - March 31, 2024
Action: Received and Filed.

5. Fiscal Year 2023-24 Quarterly Financial Status Report - Quarter Ending March 2024 Action: Received and filed.

6. Ordinance Designating Very High Fire Severity Zones (Second Reading) Action: Passed ORD 2024-1186 designating Very High Fire Severity Zones.

7. Delegation of Authority of City Engineer to the Director of Public Works or Designee Action: Passed Resolution 2024-057 ratifying delegation of authority of City Engineer to the Director of Public Works, effective May 21, 2024.

8. Amendment to Memorandum of Understanding with the Lake Valley Fire Protection District Regarding Fuels Reduction Work and Reimbursement
Action: Passed a Motion 2024-053 authorizing and directing the Mayor and City Manager to execute Amendment No. 1 to Memorandum of Understanding with the LakeValley Fire Protection District (C-119-2024) to focus on increasing the capacity of fuels reduction work withinthe South Shore division of the Tahoe Fire and Fuels Team and allowing a funding mechanism between agencies for grant billing and reimbursement.

9. Amendment No.1 to Agreement with Sosu.TV for Broadcasting, Media, and Video Production Services to Extend for Two Years
Action: Passed Motion 2024-054 authorizing and directing the Mayor to execute Amendment No.1 to Professional Services Agreement with Sosu.TV (C-120-2024) to extend the terman additional two years to June 7, 2026, with a not to exceed cost of $177,000 ($88,500 annually).

10. Appropriating $75,000.00 from Airport Available Fund Balance for Terminal Repairs Due to Deferred Maintenance
Action: Passed Resolution 2024-058 authorizing the Finance Director to appropriate $75,000.00 from the Airport's Available Fund Balance for Airport Maintenance needs.

11. Certificate of Sufficiency of a Citizen Initiative Petition Entitled “An Initiative Measure to Establish a Tax on Owners of Vacant Residential Units in the City of South Lake Tahoe Action: Received and Filed.

Public Hearing

12. Annual Public Hearing for Continued Snow Removal Equipment Purchase Funded Through the Existing County Service Area No. 3 Parcel Assessment
Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Creegan, Wallace, Robbins
Abesent: Friedrich
Action: Passed Motion 2024-055 directing the City Clerk to prepare and submit a Minute Order, including public comment regarding the current $20 parcel assessment for snow removal equipment to the El Dorado County Board of Supervisors.

Regular-Unfinished Business

13. Ratification of Heavenly Parking Agreement Termination, Amendment to Parking Restrictions in Heavenly Valley Neighborhoods, and Appropriation of Funds for Parking Enforcement Measures Action: Moved/Seconded: Wallace/Robbins
Yes: Bass, Creegan, Wallace, Robbins

Absent: Friedrich
17 06 04 2024 CC Minutes
Action: 1) Passed Motion 2024-056 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) Passed Resolution 2024-059 replacing Resolution 2024-049 to amend the seasonal or permanent no parking restrictions on certain streets in the Heavenly Valley Neighborhood; and 3) Passed Resolution 2024-060 directing city staff to bid for the rental of the parking barricades and the restricted parking zone signs and to utlilize budget savings in the project account for any other enforcement and signage.

Public comment was heard from the following people:

1. Ed Mosur

2. Allen Masters

3. Brian Bigley, Director of Base Operations for Heavenly Mountain Resort

4. Tom Fortune, Vice President of Heavenly Mountain Resort Regular- New Business

14. Hazardous Vegetation and Defensible Space Ordinance (First Reading) Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Creegan, Wallace, Robbins

Absent: Friedrich
Action: Passed Motion 2024-057 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 materialabatement program and vegetation management and defensible space requirements and refer second reading and adoption to the City Council meeting on June 18, 2024.

Public comment was heard from the following people:

1. John Messina

2. Ed Mosur

3. Sharon Kerrigan, South Tahoe Association of Realtors

4. Milan Yates, California Tahoe Conservancy Community Forestry Program Supervisor

5. Martin Goldberg, Lake Valley Fire Protection District

6. Melissa Soderston

15. Agreement with Design Workshop for Assistance with Mid-Town Area Plan Action: Moved/Seconded: Robbins/Creegan
Yes: Bass, Creegan, Wallace, Robbins

Absent: Friedrich
Action: Passed Motion 2024-058 authorizing the Mayor to execute a Professional Services Agreement with Design Workshop (C-121-2024) for consulting services to assist in preparation of the Mid-Town Area Plan for an amount not to exceed $133,014.

16. Location Advertising Signage by Highway 50
Action: Moved/Seconded: Creegan/Robbins
Yes: Bass, Creegan, Wallace, Robbins

Absent: Friedrich
Action: Passed Motion 2024-059 approving new signage in different locations on Airport property and Highway 50 as presented.

Public comment was heard from the following person:

1. Josh Allen, Tahoe Helicopters

17. 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) Action: Wallace/Creegan
Yes: Bass, Creegan, Wallace
No: Robbins

Absent: Friedrich
Action: Passed Motion 2024-060 to hold a first reading (by title only) of an Ordinance amending South Lake 18 06 04 2024 CC Minutes
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.

Public comment was heard from the following people:

1. David Gregorich *Written material distributed

2. Ed Mosur

3. Jeff Tillman, South Tahoe Refuse

4. Melissa Soderston

18. Award of 2024 Road Rehabilitation Project to All-American Construction, Inc.

Action: Moved/Seconded: Robbins/Creegan
Yes: Bass, Creegan, Wallace, Robbins

Absent: Friedrich
Action: 1) Passed Resolution 2024-061 authorizing the transfer of $519,161 in SB-1 from Account 301- 50024-36304 to 310-50005-36304 and allocating $580,000 in reserve Measure S funds to Account 301-5005- 36374; and 2) Passed Motion 2024-061 authorizing and directing the Mayor to execute a contract with AllAmerican Construction, Inc. for a total of $3,609,812.40, plus a 10% contingency, in the amount of $360,981.24 for City Road Rehabilitation.

19. Commercial Use of the City’s El Dorado Beach Boat Launch Action: Received and filed.

Public comment was heard from the following person:

1. Donny

20. City Development Rights Annual Report
Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Creegan, Wallace, Robbins

Absent: Friedrich
Action: Passed Resolution 2024-062 accepting the development rights appraisal prepared by Johnson Valuation Group Limited and establishing a price point for the calendar year 2024 at one-third of the recommended fair market value outlined in the appraisal.

Agenda Planning Calendar

21. Agenda Planning Calendar
Action: Received and filed.

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

1. Airport Master Plan Presentation at August 13 City Council meeting

2. June 12 Pride Cereminy Celebration
City Clerk Blankenship

1. Proclamation Request from John Stark, Director of Parks and Recreation, for July as “Parks Make Life Better Month”

2. Proclamation Request from Peace Love Tahoe for July as “Disability Pride Month”

3. Filing period to run for City Council begins July 15, schedule an appointment with the City Clerk if you are interested in running
Councilmember Reports and Comments
Councilmember Robbins

1. Attending meetings with Lake Tahoe Basin Management Forest Service Unit regarding the possibility of Alpine guiding within the LTBMU

2. Attended “Fire Wise” event
19 06 04 2024 CC Minutes
Councilmember Creegan

1. Attended “Beam Raising” event at Lake Tahoe Community College

2. South Tahoe Refuse “Dump Day” June 8

3. June 4 “Senior Project Juding Day” at South Lake Tahoe High School Councilmember Wallace

1. Attended “Ed Foundation” event

2. “Momentum” PBS documentary of South Lake Tahoe Locals available starting June 11 Mayor Bass

1. Attended Happy Homestead/American Legion Memorial Day event

2. Attended Tahoe Regional Planning Agency retreat

3. Upcoming Tahoe Transportation District meeting

4. Condolences to John Cristando’s family
Adjournment
Mayor Bass adjourned the meeting at 11:52 a.m.

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.
20 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 18, 2024
Agenda Item #:4
Agenda Item: Agreement with Blink Network, LLC for Electric Vehicle Chargers, Operations & Maintenance, and Management Platform
Executive Summary: This contract establishes a 10-year relationship with a firm that will furnish, operate, and maintain charging infrastructure as project sites are designed and built. Two public-facing city projects are designed and a first task order is included in this contract for the purchase of: 7 dual-port EV chargers for Bellamy Parking Garage, and 3 dual-port EV chargers for the New Multigenerational Recreation and Aquatics Center, as well as operations and maintenance costs for all 10 dual chargers.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute an Agreement with Blink Network, LLC for an amount of $97,316.90 for the purchase of 10 dual Level 2 electric vehicle chargers, freight, and operations and maintenance for 10 years.

Responsible Staff Member: Sara Letton, Sustainability Coordinator, and Anush Nejad, Public Works Director
Reviewed and Approved By: Susan Blankenship, City Clerk Heather Stroud, City Attorney Olga Tikhomirova, Finance Director Joe Irvin, City Manager
Attachments:
01 - Staff Report - Agreement with Blink Network LLC for EV Chargers.docx 02 - Agreement with Blink.pdf
03-Blink Network Terms and Conditions.pdf
21 Council Agenda Report- June 18, 2024 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: June 18, 2024
Title: Agreement with Blink Network, LLC for Electric Vehicle Chargers, Operations & Maintenance, and Management Platform
Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator, and Anush Nejad, Public Works Director
Background: California is leading the way in the transition to lessen the climate impacts of the transportation sector by initiating both government fleet zero emissions mandates and commercial retail light duty electric mandates for the electric vehicle sector.

Gavin Newsom’s Executive Order N-79-20 states that 100% of new passenger vehicles and trucks sold in the state of California must be zero emission by 2035. The California Air Resources Board has developed regulations and strategies to achieve this in a technologically and costeffective manner. Numerous state and local grant and incentive programs have been developed to support this mandate. Some federal programs also help support the transition to zero emission.

Climate goals of the City include a 59.2% reduction from 2018 greenhouse gas levels by 2030. On April 20, 2021, City Council adopted a Light Duty Fleet Transition Plan to help achieve these ambitious greenhouse gas reductions. A phased approach was proposed, and was based on technology and marketplace availability, and focused on light duty vehicle procurement first. To accomplish these goals, the City plans to install electric vehicle charging infrastructure to encompass future departmental needs. On the fleet side, charging infrastructure should be in place when fleet vehicles are procured. On the public side, the city seeks to support the scaling of EV charging infrastructure to provide good service to our residents and guests. Both efforts are a way to support the drawdown of climate warming gases from our transportation sector (roughly one-third of community-wide greenhouse gas emissions).

This contract establishes a relationship with a firm that will furnish, operate, and maintain charging infrastructure as project sites are designed and built. In addition, the selected firm will help identify grant funding opportunities and provide expertise and feedback to the Sustainability Coordinator and Public Works departments as more EV charging projects are developed.

Issue and Discussion: In winter of 2024 the city issued a Request for Proposal for vendors to provide proposals to “Furnish, (Install), Operate, and Maintain EV Chargers” for public use, and a separate, very similar process and RFP for fleet side EV Chargers. The City requested either or both of two options from the proposers for either furnishing the equipment, where the city retains ownership of the equipment (Option 1) and/or installing the equipment through a leasing agreement (Option 2), where the vendor owns, operates and maintains the equipment. 22 Council Agenda Report- June 18, 2024 Page 2 of 4
Ten vendors submitted proposals for the Fleet Charging RFP. Six vendors submitted proposals for the Public Charging RFP. Several vendors proposed to both RFPs. Vendors were invited to propose a charger lease option and/or a city ownership option (as described above). Most vendors proposed Option 1, for the city ownership option.

A review team of three city staff, including City Manager’s Office, Finance Department and Public Works reviewed both sets of proposals, and the same three vendors were ranked highest across both pools of proposals. Those vendors were interviewed by the review team. References were called and interviewed. Based on the proposals and subsequent interviews, Blink was ranked Number 1. Blink has the longest company history and experience and determined that Blink offers a conservative and low risk option considering the desired length of this contract arrangement.

Proposers to RFP 02-28-24-1 Fleet EV Charging
Vendor/Proposer
Name
Evaluator
#1 Total
Score
Evaluator
#2 Total
Score
Evaluator
#3 Total
Score
TOTAL

SCORE RANKING
Blink 97 95 95 287 1
EV Range 85 93 97 275 2
EvGateway 82 87 92 261 3
Forefront 80 86 94 260 4
LilyPad 81 65 90 236 5
InCharge 79 62 83 224 6
Smart eMobility 69 77 68 214 7
Verdek 52 72 69 193 8
Turn On Green 55 66 67 188 9
Real City 71 dq dq 71 10
Proposers to RFP 02-25-24-2 Public EV Charging
Vendor/Proposer
Name
Evaluator
#1 Total
Score
Evaluator
#2 Total
Score
Evaluator
#3 Total
Score
TOTAL

SCORE RANKING
EV Range 85 100 99 284 1
Blink 97 86 94 277 2
EvGateway 82 89 95 266 3
Chargie 80 84 83 247 4
TurnOnGreen 55 77 79 211 5
Real City 65 59 dq 124 6
The city desires to have a Master Agreement for purchasing fleet and public-facing chargers, with the first two projects outlined and funded as a first task order in this contract. As future projects are developed and funding is identified, additional task orders will be added under this contract. 23 Council Agenda Report- June 18, 2024 Page 3 of 4
The attached Master Agreement outlines how Blink will provide EV chargers to the city on a project-by-project basis, as funding allows. This contract includes a price sheet, effective for ten (10) years. The pricing will be adjusted annually based on the San Francisco Bay Area, Consumer Price Index (CPI). The Full Product Line Offering includes various types of charger units, including Type II, DC Fast Chargers, and pedestal and wall mounted units.

Operations, Management and Maintenance (“O & M”) is an annual cost on a per-charger basis.

With this O & M agreement, Blink is obligated to fully address all issues that affect the functionality of the units, will maximize uptime, and could include a full unit replacement at no cost to the city if necessary. Blink is incentivized in this contract to provide grant guidance when such funding will allow the city to advance an EV charger project faster. The contract includes Blink’s sophisticated charger management software platform. This provides instant insight into the repair status of the units, collects and reports on extensive data including carbon offsets and individual vehicle usage, and it allows Staff to update the rates on the public-facing chargers as desired.

Blink will provide Apple Pay, Google Pay, and credit card payment options for the public-facing chargers. A user can swipe a credit card on the credit card reader or tap to pay to activate the charging session, with no need to download an app. Blink will charge all users a fee based on the City’s rate structure (to be adopted in near future) plus applicable taxes and retain 8% of the Session Transaciton Fee as a Processing Fee. All Net Session Fees will be remitted to the City in accordance with Blink’s standard Network Terms and Conditions posted on their webpage:
https://blinkcharging.com/legal/blink-network-terms-and-conditions (Attachment 3).

Blink’s software identifies individual vehicles and verifies their status using RFID or the Blink app.

At future fleet EV charging sites, Blink’s software has the ability for credential checking and can seamlessly allow vehicles to charge on a given charger and tracks/reports the Kilowatt Hour (kwh) transferred to the vehicles. Members of the public will not be able to charge on a fleet charger unless this is configured for on the backend. As such, the software is sophisticated and allows for flexible use of chargers with high security, should the City desire to use the chargers in flexible ways. The software also provides sophisticated load management. For example, this allows the City to avoid costly demand charges or too much energy demand on a given transformer. It is all configurable to the City’s needs and interests.

This contract includes the City’s first two projects: the purchase of seven dual Level 2 charging stations (14 ports) for installation at the Bellamy Parking Garage at Heavenly Village and the purchase of 3 dual stations (6 ports) for the brand-new Multigenerational Recreation and Aquatics Center. The stations will be installed on the first floor of the garage, on the north side, and will include two parking places with one charger (2 ports) addressing ADA access needs. The Bellamy Garage renovation project identifies 10 additional EV charging ports (5 dual chargers) that could be installed in the future as demand dictates and which will likely necessitate a transformer upgrade. Guests seeking to charge their vehicles at the garage must pay separately for parking via the general garage parking management system. The chargers for the new Rec Center will be on the west side of the new parking lot and installation is planned for September 2025.

The City will approve future task orders for purchase of additional chargers as funding allows. The Bellamy Garage and new Rec Centr design work is complete, thus, this request for the purchase of this first set of dual port chargers and the annual O & M costs. As design work is completed and funding is identified for future fleet and public charging projects, staff will return to Council with additional requests for funding.
24 Council Agenda Report- June 18, 2024 Page 4 of 4
Financial Implications: EV charging projects will have two CIP accounts: 1) public facing charging and 2) fleet charging. Expenses from public facing charging projects once built will shift to an enterprise fund. Doing this will allow the city to recuperate some of the project costs over time (and help pay for future EV projects) through a rate set by Council, which will be brought to Council later this summer. The rates will be incorporated into the Master Fee Schedule annually and will be adjusted either based on CPI or by usage and will take into account energy costs.

Purchase of the seven dual chargers is being split between the remaining funding in the Bellamy Parking Garage renovation project contract account 520-05320-48030 (up to $48,000), and a portion of $450,000 funding in the Parking Garage Account 52005320-46110, Machinery and Equipment allocated for the access and revenue control system upgrade. The cost is $57,109.15 for the chargers. Staff recommends an annual for the O & M agreement at $9367.68 for all seven chargers for the first year, up to 10 years, which is considered the useful life of the units. O & M costs will track the CPI through time. The total for year one will be $68,226.83, which includes a freight charge.

Purchase of 3 dual chargers has been budgeted under the Multigenerational Recreation and Aquatics Center Project account 301-60018-48030. The cost is $24,475.35 for the chargers. Staff recommends an annual for the O & M agreement at $4014.72 for all three chargers, up to 10 years, which is considered the useful life of the units. O & M costs will track the CPI through time.

The total for year one will be $29,090.07, which includes a freight charge.

The total for the 10 dual chargers, freight charges, and O & M in this first task order is $97,316.90.

Environmental Considerations: This is not a project subject to review under the California Environmental Quality Act (CEQA) under CEQA guidelines section 15378A(b)(2) (continuing administrative or maintenance activities, such as purchase for supplies).

Policy Implications: The project supports the City’s Strategic Priorities:
 1.4 Transportation via “electrification of the transportation system is a top priority.”  1.5 Carbon Neutrality to “pursue opportunities for electrification, including transitioning fleet vehicles to electric and building robust EV charging infrastructure by 2025.” The project advances the City’s Climate Action Plan:
 EDT-1, Promote and incentivize EVs and EV chargers: “Evaluate the potential incentives to convert fleets to EVs.”
The project supports community GHG emissions reductions, contributing to the science-based emissions reductions target established in Resolution No. 2022-088. 25 City of South Lake Tahoe
Master Agreement
FOR

EV CHARGING STATION PROJECT
PWC C-098-2024
THIS AGREEMENT is made and entered into this ______ day of ___________, 2024, by and between the City of South Lake Tahoe, a political subdivision of the State of California, herein designated “City”, and Blink Network, LLC, herein designated as “Vendor/Contractor.” WITNESSETH, that the City and the Contractor, in consideration of the mutual covenants hereafter set forth, agree as follows:

ARTICLE 1 — THE WORK
Contractor agrees to provide electric vehicle charging stations (“EV Charging Stations”) and furnish all labor, tools, equipment, facilities, materials, transportation and services necessary to perform and complete, in a good and workmanlike manner, operations, management, maintenance, software for data collection, revenue collection and remittance for the EV Charging Stations, and other services specified in the Proposals in Attachment A.

As required pursuant to the Contract Documents (the “Work”). The Work is based on approved Task Orders.

ARTICLE 2 — COMMENCEMENT AND COMPLETION
The Work to be performed under this Master Agreement (herein referred to agreement) shall commence at the time as specified in the Notice to Proceed, and the Contractor shall diligently undertake the performance of the obligations as set forth in the Contract Documents (California Department of Transportation Standard Specifications, City of South Lake Tahoe Public Improvement and Engineering Standards (PIES), and future Design Plan) and as outlined in each approved Task Order.

The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified herein, plus any extensions thereof allowed in accordance with the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving the actual loss 26 suffered by the City if the Work is not completed within the Contract Time. This Master Agreement has a term of ten (10) years.

ARTICLE 3 — CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept, in current funds for the performance of the Work pursuant to the Contract Documents, the Contract Sum for the completion of the Work in accordance with the Contract Documents, Scope of Services, as shown in Attachment B, and individual Task Orders.

Compensation for each authorized Task Order shall be based upon the unit prices stated in Attachment A. Unit prices paid by the City may change depending on actual quantities or units of work completed in accordance with each authorized Task Orders.

ARTICLE 4 — PREVAILING WAGES
Pursuant to the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof, the Contractor, and any subcontractor, of any tier, shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations.

In compliance with Senate Bill 854 and the California Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit through the electronic certified payroll reporting (eCPR) system, as well as to the City.

Pursuant to the provisions of California Labor Code Section 1773.2, the Contractor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the Work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the City's office. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774. These rate determinations are found on the State of California Department of Industrial Relations' website at: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. Furthermore, the project has received federal funding and is required to meet Federal wage determinations which can be found at: http://www.wdol.gov/wdol/scafiles/davisbacon/ca9.dvb .

ARTICLE 5 — CONTRACT DOCUMENTS
The Agreement includes and incorporates by reference the Contract Documents for the Project, which consists of the following documents, in addition to this Agreement:
(a) Contractor’s Scope of Service and Proposals.
(b) Fee Schedule.
(c) Payment Schedule.
(d) Insurance Certificates and Endorsements.
27 (e) Anti-Lobbying Certification.
(f) Debarment and Suspension Certification.
(g) Task Order Template.
(h) Task Order 1.
(i) The Standard Specifications of the State of California, Department of Transportation, dated 2023; the Standard Plans of the State of California, Department of Transportation, dated 2023, and the South Lake Tahoe Public Improvement and Engineering Standards, where applicable; and
(j) Permits from other agencies as may be required by law.

ARTICLE 6 — WORKERS’ COMPENSATION
Contractor shall take out and maintain during the life of the Agreement, adequate and sufficient workers’ compensation insurance for all Contractor’s employees employed at the site of improvements, and, if any Work is sublet, Contractor shall require each subcontractor similarly to provide workers’ compensation insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by Contractor, all in accordance with the Contract Documents. If any class of employees engaged in Work under this contract at the site of the Project is not protected under workers’ compensation law, Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify the City for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance.

By its signature upon this Agreement, Contractor certifies that it has carefully reviewed and is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of the labor Code. Contractor, as a condition precedent to the commencement of its Work pursuant to the Agreement, shall comply with such provisions.

ARTICLE 7 — INDEMNITY AND INSURANCE
To the fullest extent permitted by law, including, without limitation, Civil Code section 2782, et seq., and in strict accordance with the Contract Documents, Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, City Council members, employees, agent, the Project Manager, the Architect/Engineer, the Project consultants, and their respective principals, officers and employees, and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever related to, arising out of, or in connection with, Contractor's operations to be performed under this Agreement, and as otherwise set forth in Contract Documents. The obligations of defense and indemnity set forth in this Article, and in the Contract Documents, shall not be limited by any insurance requirements or obligations pursuant 28 to the Contract Documents, and shall not extend to the sole negligence or willful misconduct of the City, or the active negligence of the City. The obligations arising from this Article shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity (including all duties to defend), which would otherwise exist as to a party, or person described elsewhere in the Contract Documents.

Contractor shall maintain the insurance coverage described in Attachment C, throughout the performance of the Agreement, including any maintenance, warranty and/or guarantee periods.

This Agreement shall not be operative until evidence of such insurance has been provided to, and approved by, the City as to form, amount, and carrier. Contractor shall not allow any subcontractor to commence Work at the Project until subcontractor provides evidence to Contractor and City that subcontractor has obtained insurance acceptable to the City.

ARTICLE 8 — NOTICES
Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the address listed below:

Notices required to be given to City: Notices required to be given to Contractor:

City of South Lake Tahoe
1901 Airport Road, Suite 100
South Lake Tahoe, CA 96150
Attn: Ms. Sara Letton
Blink Network, LLC
5081 Howerton Way, Suite A
Bowie, MD 20715 Attn: Legal
Notices required to be given to any surety(ies):

ARTICLE 9 — MISCELLANEOUS

9.1 Terms. Terms used in this Agreement will have the meanings indicated in the Contract Documents.

9.2 Assignment. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect 29 of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.4 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.5 South Lake Tahoe City Code. Contractor acknowledges that all pertinent provisions within the South Lake Tahoe City Code are incorporated by reference as though set forth in full herein, and, further, the failure of Contractor or any subcontractor, of any tier, to comply with any of its/their obligations under the Contract Documents, or the requirements of the South Lake Tahoe City Code, or any other applicable law, code, statute, or regulation, shall be deemed a material breach of the Agreement.

9.6 Third Party Beneficiary. Contractor expressly acknowledges the City's status as a third party beneficiary solely with respect to the performance to be rendered under each subcontract, of any tier, upon the Project, and, as a result, Contractor acknowledges that City possesses, inter alia, the rights enumerated within the South Lake Tahoe City Code as to the enforcement of obligations under subcontracts of any tier.

9.7 Regulatory Requirements. Contractor acknowledges that the Project is subject to requirements and regulations issued on behalf of various governmental and/or regulatory bodies, including, without limitation, the Lahontan Regional Water Quality Control Board and the Tahoe Regional Planning Agency, among others. Contractor agrees to fully and promptly comply with any and all requirements and regulations issued on behalf of such entities.

9.8 Governing Law. This Agreement and the Contract Documents shall be deemed to have been entered into in the County of El Dorado, State of California, and governed by California law. By entering into this Agreement, the Contractor consents and submits to the jurisdiction of Courts of the State of California, County of El Dorado, over any action of law, suit in equity, and/or other proceeding that may arise out of the Contract Documents.

IN WITNESS HEREOF, the said City of South Lake Tahoe, State of California, has caused this Agreement to be executed by its Mayor in its behalf, and the said Contractor has signed this Agreement the day and year first above written. 30 CITY OF SOUTH LAKE TAHOE Contractor: Blink Network, LLC By: By:

Cody Bass Jim Nemec
Mayor Chief Revenue Officer
City of South Lake Tahoe
State of California
ATTEST: APPROVED AS TO FORM:

By: By:

Susan Blankenship Heather Stroud
City Clerk City Attorney
City of South Lake Tahoe City of South Lake Tahoe
31 ATTACHMENT A
Contractor’s Proposals
32 EV Charging Solutions
About Blink
Blink Charging is a leading global designer, manufacturer, owner, operator and provider of electric vehicle (EV) charging equipment and services. As a complete vertically-integrated EV charging company, our industry-leading equipment and robust network of public charging stations are meeting the growing needs of millions of EV drivers everywhere.

Why Choose Blink?
· Flexible business models to meet your needs
· Global cloud-based network to power your management and visibility · Full range of Residential and Commercial Level 2 and DC fast charging stations
· Commitment to exceptional customer experience with dedicated account management and 24/7 driver support
· Financing and leasing options available
BlinkCharging.com
33 5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
Customer Details
Contact Name: Sara Letton
Phone: +15305426175
Account Name: City of South Lake Tahoe
Email: [email protected]
Billing and Shipping
Bill to Name: City of South Lake Tahoe
Bill to Address: , California, United States
Ship to Name: City of South Lake Tahoe
Ship to Address: , California, United States
Your EV Charging Industry Expert
Prepared by: Aaron Muellerleile
Phone: (925) 784-7366
Email: [email protected]
34 5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
Quote Details
Quote Name: OPP-75524: City of South Lake Tahoe - Phase 1 - Public Quote Number: Q-25328
Created Date: 05-20-2024
Reference

Product Name
Qty List Price Discount Net Price Subtotal
BLNK S8 MODEL 880 L2 - 80A -
23FT - ISO
7 $11,866.00 31.25% $8,158.45 $57,109.15
NETWORK SERVICE - PUBLIC 7 $480.00 0.00% $480.00 $3,360.00 WARRANTY - LIMITED 1 YEAR -

PARTS AND LABOR
7 $0.00 0.00% $0.00 $0.00
Blink Care - L2 7 $599.00 20.03% $479.00 $3,353.00
35 5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
Total Price: $68,226.83
Estimated Grand Total: $68,226.83

BLNK MOUNT - ANCHOR PLATE
(S5/S6/S7/S7+/S8/S8+)
7 $55.00 100.00% $0.00 $0.00

BLNK CMS MOUNTING KIT -

PEDESTAL
(S5/S6/S7/S7+/S8/S8+)
7 $55.00 100.00% $0.00 $0.00

BLNK MOUNT - PEDESTAL
(S7/S7+/S8/S8+)
7 $254.00 100.00% $0.00 $0.00
BLNK CMS - DUAL - 80A
(S7+/S8+)
7 $770.00 100.00% $0.00 $0.00
1 Additional Year Warranty
Service (S8/S8+)
7 $500.00 24.15% $379.24 $2,654.68
FREIGHT 1 $1,750.00 0.00% $1,750.00 $1,750.00
36 5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
*Please Note: Shipping and Handling is an estimate. The actual lead time starts when the client approves the order acknowledgement and provides a ship date. Final cost will be provided upon shipment based on destination.

Sales tax will be charged in select states
based on the current rate and the ship to
address unless a sales tax exemption form
is received prior to shipping.

Tax Exempt (y/n): \s1\tax_exempt
Tax Exempt #: s1\tax_num
37 5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
Cellular Repeater
Please note you may or may not need a cellular repeater at your location.

Some locations, like garages and areas where the cell signal is weak may require a cellular repeater system to make sure they receive a signal. A cellular repeater captures an available signal using an antenna and then amplifies it, then repeats the signal inside the garage or area that has a weak signal.

This Signed Document Shall Serve as a Purchase Order for the Proposed Project
Price does not include final shipping fees nor sales tax.

Cancelled or returned DCFC/Specialty product are subject to a 20% fee.

Quoted price is valid for 30 days from
Created Date.

Payment terms are NET 30 from date of invoice per standard Blink Terms and Conditions, located at https://blinkcharging.com/terms-conditions By signing you are committing to order the charging solution as defined.

Accepted By Name:

Signature: \s1\signature
Date: \s1\date
38 EV Charging Solutions
About Blink
Blink Charging is a leading global designer, manufacturer, owner, operator and provider of electric vehicle (EV) charging equipment and services. As a complete vertically-integrated EV charging company, our industry-leading equipment and robust network of public charging stations are meeting the growing needs of millions of EV drivers everywhere.

Why Choose Blink?
· Flexible business models to meet your needs
· Global cloud-based network to power your management and visibility · Full range of Residential and Commercial Level 2 and DC fast charging stations
· Commitment to exceptional customer experience with dedicated account management and 24/7 driver support
· Financing and leasing options available
BlinkCharging.com
39 5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
Customer Details
Contact Name: Sara Letton
Phone: +15305426175
Account Name: City of South Lake Tahoe
Email: [email protected]
Billing and Shipping
Bill to Name: City of South Lake Tahoe
Bill to Address: , California, United States
Ship to Name: City of South Lake Tahoe
Ship to Address: , California, United States
Your EV Charging Industry Expert
Prepared by: Aaron Muellerleile
Phone: (925) 784-7366
Email: [email protected]
40 5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
Quote Details
Quote Name: OPP-79548: City of South Lake Tahoe - Rec Center Quote Number: Q-25388
Created Date: 05-21-2024
Reference

Product Name
Qty List Price Discount Net Price Subtotal
BLNK S8 MODEL 880 L2 - 80A -
23FT - ISO
3 $11,866.00 31.25% $8,158.45 $24,475.35
NETWORK SERVICE - PUBLIC 3 $480.00 0.00% $480.00 $1,440.00 WARRANTY - LIMITED 1 YEAR -

PARTS AND LABOR
3 $0.00 0.00% $0.00 $0.00
Blink Care - L2 3 $599.00 20.03% $479.00 $1,437.00
41 5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
Total Price: $29,090.07
Estimated Grand Total: $29,090.07

BLNK MOUNT - ANCHOR PLATE
(S5/S6/S7/S7+/S8/S8+)
5 $55.00 100.00% $0.00 $0.00

BLNK CMS MOUNTING KIT -

PEDESTAL
(S5/S6/S7/S7+/S8/S8+)
3 $55.00 100.00% $0.00 $0.00

BLNK MOUNT - PEDESTAL
(S7/S7+/S8/S8+)
3 $254.00 100.00% $0.00 $0.00
BLNK CMS - DUAL - 80A
(S7+/S8+)
3 $770.00 100.00% $0.00 $0.00
1 Additional Year Warranty
Service (S8/S8+)
3 $500.00 24.15% $379.24 $1,137.72
FREIGHT 1 $600.00 0.00% $600.00 $600.00
42 5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
*Please Note: Shipping and Handling is an estimate. The actual lead time starts when the client approves the order acknowledgement and provides a ship date. Final cost will be provided upon shipment based on destination.

Sales tax will be charged in select states
based on the current rate and the ship to
address unless a sales tax exemption form
is received prior to shipping.

Tax Exempt (y/n): \s1\tax_exempt
Tax Exempt #: s1\tax_num
43 5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
Cellular Repeater
Please note you may or may not need a cellular repeater at your location.

Some locations, like garages and areas where the cell signal is weak may require a cellular repeater system to make sure they receive a signal. A cellular repeater captures an available signal using an antenna and then amplifies it, then repeats the signal inside the garage or area that has a weak signal.

This Signed Document Shall Serve as a Purchase Order for the Proposed Project
Price does not include final shipping fees nor sales tax.

Cancelled or returned DCFC/Specialty product are subject to a 20% fee.

Quoted price is valid for 30 days from
Created Date.

Payment terms are NET 30 from date of invoice per standard Blink Terms and Conditions, located at https://blinkcharging.com/terms-conditions By signing you are committing to order the charging solution as defined.

Accepted By Name:

Signature: \s1\signature
Date: \s1\date
44 ATTACHMENT B
Fee Schedule
These Fee Schedules are provided for year 1 and shall be adjusted annually based on the San Francisco-Bay Are Consumer Price Index (CPI).
45 4/9/2024 Update
UPDATED PRICING FOR South Lake Tahoe, CA (PUBLIC & FLEET) Blink's Full Product Line Offering
Proposed Product
Total Purchase
(HW & Comm.)
Per Unit
Annual
O&M Cost
Per Unit
L2 MODEL 1:

Series 7 Enhanced (80 Amp), 23ft cable, ISO, W/ Pedestal or Wall Mount
$6,188.15 $1,338.24
*L2 MODEL 2:

Series 8 Enhanced (80 Amp), 23ft cable, ISO, Credit Card Reader, W/ Pedestal or Wall Mount
$8,158.45 $1,338.24
L2 MODEL 3:

Blink Series 7 (48 Amp), 18ft cable, W/ Pedestal or Wall Mount $4,694.75 $1,338.24
L2 MODEL 4:

Blink Series 7 Plus (80amp), 25ft Cable, W/ Pedestal or Wall Mount
$5,834.75 $1,338.24
L2 MODEL 5:

Blink Series 8 (48 Amp), 18ft Cable, Credit Card Reader, W/ Pedestal or Wall Mount
$6,404.75 $1,338.24
L2 MODEL 6:

Blink Series 8 (80 Amp), 25ft Cable, Credit Card Reader, W/ Pedestal or Wall Mount
$7,552.35 $1,338.24
L2 MODEL 7:

Blink MQ 200, (50 Amp), Intelligent, Wall Mount
$1,470.50 $949.44
L2 MODEL 8:

Blink HQ 200, (50 Amp), Smart, Wall Mount
Note: This model does not include Network, Maint, or Install Fees $699.00 $79.80
L2 MODEL 9:

Blink Mobile Charger, 32A
Note: This model does not include Maint or Install Fees $4,275.00 $475.80
* For the public charging offering we previously offered Series 8 Enhanced which qualifies for rebates such as communities in charge and NEVI. The Series 7 option is the same model without the Credit Card reader for any location where this may be requested

PURCHASE OPTION
46 4/9/2024 Update
UPDATED PRICING FOR South Lake Tahoe, CA (PUBLIC & FLEET) Blink's Full Product Line Offering
Proposed Product
Total Purchase
(HW & Comm.)
Per Unit
Annual
O&M Cost
Per Unit
DCFC MODEL 1:

Blink Series 9 (30kW), 60 Amp, 15ft Cable, Credit Card Reader, W/ Pedestal
$14,343.40 $3,629.04
DCFC MODEL 1:

Blink Series 9 (30kW), 60 Amp, 15ft Cable, Credit Card Reader, W/ Wall Mount
$14,091.40 $3,629.04
DCFC MODEL 2:

Blink 30kW DCFC Wall Mount - 100 Amps / 1000VDC with CCS1 (~16ft); 4G Modem
$15,391.00 $3,629.04
DCFC MODEL 3:

Blink 60kW DCFC - 140 Amps / 1000VDC with CCS1 & CCS1(~16ft) ; 4G Modem
$30,691.00 $4,361.04
DCFC MODEL 4:

Blink 120kW DCFC All In One Charger - 300 Amps / 1000VDC with CCS1 & CCS1(16ft); 4G Modem
$54,991.00 $4,661.04
**DCFC MODEL 5:

Blink 180kW DCFC All In One Charger - 300 Amps / 1000VDC with CCS1 & CCS1 (16 ft); 4G Modem (Pre-BAA Waiver Model)
$64,199.00 $5,061.00
**DCFC MODEL 6:

Blink 180kW DCFC All In One Charger - 300 Amps / 1000VDC with CCS1 & CCS1 (16 ft); 4G Modem (Post-BAA Waiver Model)
$107,668.00 $5,061.00
DCFC MODEL 7:

Blink 240kW DCFC All In One Charger - 300 Amps / 1000VDC with CCS1 & CCS1(~16ft); 4G Modem
$89,191.00 $5,460.96
DCFC MODEL 8:

Blink CTX-HPC-SA-300kW-w/500A 16ft & w/300A 16ft Cable
w/CC w/Cable Management
$135,991.00 $8,961.00
**DCFC MODEL 9:

Blink CTX-HPC-SA-360kW-w/500A 16ft & w/500A 16ft Cable
w/CC w/Cable Management (Pre-BAA Waiver Model)
$160,999.00 $9,861.00
**DCFC MODEL 10:

Blink CTX-HPC-SA-360kW-w/500A 16ft & w/500A 16ft Cable
w/CC w/Cable Management (Post-BAA Waiver Model)
$199,335.00 $9,861.00

PURCHASE OPTION
** DCFC Models submitted in initial proposal due to the fact that they qualify for programs such as CALeVIP and NEVI.
47 ATTACHMENT C
Payment Schedule
The City commits to providing payment according to the following payment schedule:
• 20% at the Time of Notice to Proceed (NTP) for each Task Order, • 50% upon delivery, and
• 30% at successful completion of testing, commissioning, and acceptance. • Operations and Maintenance shall be billed annually per Attachment B and each authorized Task Order.

The Contractor shall invoice the City based on the above schedule. 48 ATTACHMENT D
Insurance Requirements

1. INSURANCE COVERAGES AND AMOUNTS
(A) Insurances, as described in this Special Provision section and other related sections of the Standard Specifications, Special Provisions and the Contract Documents, shall be maintained by the Contractor for the full life of the contract including the maintenance and warranty period for any and all portions of this contract. The company or companies providing such insurance shall have no recourse against the City, and their members, directors and employees, or any of them, for payment of any premiums or assessments under such insurance. (B) In addition to the minimum limits of liability for insurance, as required by Section 7-1.06 “Insurance,” of the Standard Specifications, the following provisions shall also apply to this Project:

Workers Compensation:

Contractor shall take out and maintain during the life of the Agreement, workers’ compensation insurance for all Contractor’s employees employed at the site of improvements and if any work is sublet, Contractor shall require subcontractor similarly to provide workers’ compensation insurance for all of the latter employees, unless such employees are covered by the protection afforded by Contractor. If any class of employees engaged in work under this contract at the site of the project is not protected under workers’ compensation law, Contractor shall provide, and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify the City, the for any damage resulting to it from failure of either Contractor or subcontractor to take out or maintain such insurance.

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

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

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

Each Workers’ Compensation policy shall be endorsed with the following language:

Cancellation Notice – Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. 49 Contractor and its insurer(s) shall waive any right of subrogation against the City and its officials, officers, employees, agents and representatives.

Contractor shall require all subcontractors, of ay tier, to maintain adequate Workers’ Compensation insurance. Certificates of Workers’ Compensation shall be submitted pursuant to the Contract Documents.

Commercial General Liability:

In addition to all other insurance requirements as set forth in the Contract Documents, Contractor shall procure and maintain during the life of this Agreement such liability and property damage insurance and shall protect the City, the City Council and all elective and appointive boards, officers, agents and employees and contractors from any claims for damages for personal injury, including death, as well as from claims for property damages which may arise from Contractor’s ongoing and completed operations under this Agreement, whether such operation be by the Contractor or by any subcontractor, or by anyone directly or indirectly employed by either Contractor or any subcontractor, and the type and amounts of such insurance shall be as follows:

Contractor shall maintain Commercial General Liability (Occurrence) insurance no less broad than ISO form CG 00 01 covering all operations by or on behalf of Contractor, and all Work under the Contract Documents, and providing insurance for bodily injury liability and property damage liability for the limits of liability indicated herein and including coverage for contractual liability insuring the obligations assumed by Contractor in this Agreement.

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

Contractor’s Pollution Liability Insurance
Contractor shall maintain Contractor’s Pollutions Liability (Occurrence) insurance in an amount no less than ONE MILLION DOLLARS ($1,000,000) per pollution incident and TWO MILLION DOLLARS ($2,000,000) aggregate. Coverage must apply to pollution incidents at or from any location at which the Contractor is performing under this Agreement. Prior written consent of the City is required if the insurance has a deductible or self-insured retention in excess of $25,000.
50 Cyber Liability Insurance
Cyber Liability Insurance with limits not less than one million dollars ($1,000,000) per claim, two million dollars ($2,000,000) aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not limited to, claims involving security breach; system failure; data recovery; business interruption; cyber extortion; social engineering; infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations. Vendor’s policy shall be primary and shall not seek contribution from the City’s coverage, shall contain a waiver of subrogation in favor of the City, and shall be endorsed to provide that City and its officers, officials, employees, agents, and volunteers are additional insureds. Any failure to comply with the reporting provisions of the policy by Vendor shall not affect coverage provided to the City. If Vendor maintains broader coverage and/or higher limits than the minimums listed above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Umbrella or Excess Liability Insurance
In addition to the insurance requirement above, Contractor shall provide Umbrella or Excess Liability Insurance in an amount no less than TEN MILLION DOLLARS ($10,000,000) based on the Commercial Liability Insurance. The umbrella or excess policy shall provide that the policy takes effect (drops down) in the event the primary limits are impaired or exhausted.

Additional Liability Insurance:

Contractor shall maintain automobile liability insurance covering bodily injury and property damage in an amount not less than ONE MILLION DOLLARS ($2,000,000) combined single limit for each accident.

Covered vehicles shall include owned, non-owned, and hired automobiles and trucks. Such insurance is a condition precedent of the City entering into the Agreement. To the extent this section of the Special Provisions is inconsistent with Section 7-1.05 and 7-1.06 of the Standard Specifications, the stricter of the two shall apply to this Project.

Conformity of Coverage:

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

Each Commercial General Liability policy shall be endorsed with the following specific language (or, alternatively, separate endorsements for each separate entity identified below):

1. “The City of South Lake Tahoe, the, their respective officers, agents, employees, and volunteers are to be covered as insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement."; and “The insurance provided by the Contractor, including any excess liability or umbrella form coverage, is primary coverage with respect to any insurance or self-insurance programs maintained by [CONTRACTOR] and no insurance held or owned by the City of South Lake Tahoe, shall be called upon to contribute to a Contractor loss.

Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased.”

2. The policies shall stipulate that the insurance afforded the additional insured applies as primary insurance. Any other insurance or self-insurance maintained by the City is excess only and shall not be called upon to contribute with this insurance.
(C) The following additional conditions apply to the insurance requirements the following shall apply to this Project:

1. Within ten (10) calendar days after the Contractor has received notice from the City that the Agreement has been awarded to the Contractor and before the Work commences, Contractor shall satisfy all conditions precedent as set forth in the Contract Documents, including, without limitation, that Contractor shall submit to the City acceptable Certificates of Insurance and with original policy endorsements which specifically state the following:
(a) The existence of the required amounts of coverage.
(b) The effective and expiration dates of the policy.
(c) The types of coverage provided by the policy.

2. Written statement from the agent or broker issuing the policy confirming that the required insurance(s) is an Occurrence policy.

3. The City reserves the right to review the original policy, if deemed necessary by the City to resolve any questions of coverage or exception.

4. The City may expressly allow deductive clause, which it does not consider excessive, overly broad, or harmful to the interests of the City. Regardless of the allowance of exclusion or deductions by the City, the Contractor is responsible for any deductible amount and shall warrant that the coverage provided to the City is in accordance with this Section.

5. Certificates of insurance shall be signed by a person authorized by the insurer to bind coverage on its behalf.
52 6. List job name on certificate of insurance under “Description of Operations.” In the event the policy is canceled prior to the completion of the project and the Contractor does not furnish a new policy endorsement prior to cancellation, the City may obtain the required insurance and deduct the premium(s) from contract monies due the Contractor. (D) No later than the time the Notice to Proceed is issued, or at any other time as may be directed in writing by the City, the Contractor shall provide written evidence of insurance coverages, in a form acceptable to the City (i.e., insurance certificates appropriately issued), for each supplier, subcontractor and sub-subcontractor whose initial subcontract and/or purchase order price is equal to or in excess of 5% of the Contract Sum. The insurance coverages (both as to types and amounts) to be procured by each supplier, subcontractor or sub-subcontractor performing work having a value equal to or in excess of 5% of the Contract Sum, shall meet or exceed the minimum insurance coverages as set forth in the Contract Documents, unless the City agrees, in writing, that compliance with this requirement is waived. It shall be the obligation of the Contractor to promptly provide acceptable written evidence to the City demonstrating that each supplier, subcontractor or sub-subcontractor that will perform work having a value equal to or in excess of 5% of the Contract Sum has obtained and possesses all insurance coverages in accordance with the requirements of the Contract Documents. 53 ATTACHMENT E
Anti-Lobbying Certification
Vendor 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.

Vendor:

Name, Title
By:________________________________________
54 ATTACHMENT F

CITY OF SOUTH LAKE TAHOE

DEBARMENT AND SUSPENSION CERTIFICATION
The undersigned (authorized official signing for the Bidder) hereby declares under penalty of perjury the following:

1. In accordance with section 6109 of the Public Contract Code, the bidder declares that bidder will not enter into any contract with a subcontractor who/which has been debarred pursuant to section 1771.1 or section 1777.7 of the Labor Code. No public monies shall be paid to a debarred subcontractor, and any contract entered into for public work between a prime contractor and debarred subcontractor shall be considered void as a matter of law. Any payments made to a debarred subcontractor shall be returned to Owner. The prime contractor shall be solely responsible for all payments to a debarred subcontractor. In no case shall any public money be used to pay a debarred subcontractor.

2. In accordance with section 10162 of the Public Contract Code, has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes ___________ No ___________
If the answer is yes, explain the circumstances in the following space (use additional sheets if necessary).

3. In accordance with section 10232 of the Public Contract Code, has more than one final, unappealable finding of contempt of a court by a federal court has been issued against the Bidder within the immediately preceding two-year period because of the Bidder's failure to comply with an order of a federal court which orders the Bidder to comply with an order of the National Labor Relations Board? For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding.

Yes ___________ No ___________
55 If the answer is yes, explain the circumstances in the following space (use additional sheets if necessary).

4. In accordance with section 10285.1 of the Public Contract Code, the Bidder declares that neither the Bidder nor any subcontractor to be engaged by the Bidder has been convicted of any of the offenses referred to in this section within the preceding three (3) years.

These offenses include if that Bidder or any subcontractor to be engaged by the Bidder, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including, for the purposes of this certification, The City of South Lake Tahoe.

5. Certification Regarding Debarment and Suspension
The undersigned (authorized official signing for _____________________________) certifies to the best of his or her knowledge and belief, that the _______________________, defined as the primary participant in accordance with 45 C.F.R. Part 76, and its principals:

A. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; B. have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
D. have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

By my signature which is placed below on behalf of the named Bidder, I certify, under penalty of perjury under the laws of the State of California, that I am an officer, principal or owner of the Bidder, and that the foregoing questionnaire, and all certifications and statements therein, are accurate, true and correct.

Date: ____________ Bidder’s Signature: ____________________________________ Bidder’s Name and Title (Print): __________________________ 56 ATTACHMENT G

TASK ORDER TEMPLATE

CITY OF SOUTH LAKE TAHOE

MASTER CONTRACT SERVICES AGREEMENT
DATED _________________________
WITH BLINK NETWORK, LLC.

TASK ORDER NO. ____
Project Title: __EV Charging Stations (EVCS) for ___________________________________ Contract Amount: $_____________
THIS TASK ORDER is entered into on ________________, 202__ between the City of South Lake Tahoe, a municipal corporation ("City"), and Blink Inc., ("Contractor”).

RECITALS
A. The City and Contractor have entered into a Master Contract Services Agreement ("Agreement") dated _____________________ under which the Contractor has agreed to furnish, test, commission and provide Operations and Maintenance (O&M), Management and financial transactions for Electric Vehicle Charging Stations (EVCS), perform certain professional services for the City; and B. Pursuant to the terms of the Agreement, the City wishes Contractor to perform certain tasks as set forth in this Task Order, which constitute the Project; NOW, THEREFORE, City and Contractor agree as follows:

AGREEMENT

1. Scope of services. The contractor shall provide any and all of the services set forth in Exhibit A of this Task Order, dated/titled _________________, as directed by the City. ____________________ shall be the Project Manager for Contractor for this Task Order. Additional professional services may be performed by other Contractor staff with prior notice and approval by City. a. City's duties. The City will:
(1) Determine the scope of services, as set forth in Exhibit A. (2) Design and Construct the infrastructure required for installation of the EVCS. (3) Coordinate with Liberty Utilities for Power Connections. 57 (3) Designate Ms. Sara Letton as the person at the City responsible for monitoring performance under this Task Order.
b.Contractor duties. The Contractor will:
(1) Furnish and deliver the number of EVCS as identified in Exhibit A, Scope of Services. (2) Conduct Testing, Commissioning and Acceptance of EVCS for Agency Installed EVCS. (3) Provide Operations and Maintenace (O&M) of the EVCS stations on an on-going basis for the duration of the time as identified in Exhibit A, Scope of Services. (4) Provide Project Management and financial Transactions (for Public Facing EVCS), remit payment to the City for revenue collected based on city-approved charging rates and retain all financial records for at least seven (7) years. (5) Provide on-going 24x7 troubleshooting support and response. (6) Provide miscellaneous other services related to the Project and not stipulated elsewhere in this Task Order when requested by the City for optimum performance of the EVCS. A Task Order Amendment is required if these additional services cannot be performed within the Task Order budget.
(7) Connect chargers to The Blink Network, including the advantages, technology and supports as described in the Proposal.

2. Date of completion; Work hours estimate; Cost estimate and budget; Fee schedule.

With regard to each project given to Contractor that is subject to this Task Order, the time of completion, work hours estimate, cost estimate and budget and fee schedule are set forth in Exhibit A to this Task Order.

3. Authorization to proceed.

The City will give Contractor authorization to proceed with the work specified in this Task Order only after Contractor submits updated insurance certificates and endorsements, in accordance with Section 10 of the Agreement.

4. Master Agreement terms; Conflicts.

Except as expressly otherwise provided herein, all terms of the Agreement shall apply to the Contractor in the performance of work pursuant to this Task Order. If there is a conflict between this Task Order and the Agreement, this Task Order shall control.

4. Amendment of Task Order; Conflicts.

Except as provided in Section 1(b)(2) above, this Task Order may not be modified except by an Amended Task Order executed and approved in the same manner as the Task Order.

5. Signatures. The parties have executed this Task Order as of the date first written above. 58 CITY OF SOUTH LAKE TAHOE
By: _____________________________
Sara Letton, Sustainability Coordinator
By: _____________________________
Anush Nejad, Public Works Director
Reviewed By
By: ______________________________
Heather Stroud, City Attorney

CONTRACTOR
By: __________________________
Name: ________________________
Title: _________________________
(if Contractor is a corporation, add signature of
second corporate officer)
By: __________________________
Name: ________________________
Title: _________________________
Exhibits:

A Scope of work dated/titled _____________, time of completion, work hours estimate, cost estimate and budget, and fee schedule (Contractor's current rate) 59 ATTACHMENT H

CITY OF SOUTH LAKE TAHOE

MASTER CONTRACT SERVICES AGREEMENT
DATED June 18, 2024
WITH BLINK NETWORK, LLC.

TASK ORDER NO. 1
Project Title: EV Charging Stations (EVCS) for Bellamy Parking Garage and the new MultiGenerational Recreation and Aquatics Center Contract Amount: $97,316.90
THIS TASK ORDER is entered into on June 18, 2024 between the City of South Lake Tahoe, a municipal corporation ("City"), and Blink Network LLC, ("Contractor”).

RECITALS
A. The City and Contractor have entered into a Master Contract Services Agreement ("Agreement") dated ________June 18, 2024_____________ under which the Contractor has agreed to furnish, test, commission and provide Operations and Maintenance (O&M), Management and financial transactions for Electric Vehicle Charging Stations (EVCS), perform certain professional services for the City; and
B. Pursuant to the terms of the Agreement, the City wishes Contractor to perform certain tasks as set forth in this Task Order, which constitute the Project.

NOW, THEREFORE, City and Contractor agree as follows:

AGREEMENT

1. Scope of services. The contractor shall provide any and all of the services set forth in Exhibit A of this Task Order, dated/titled ____June 18, 2024_____________, as directed by the City.

Aaron Muellerleile shall be the Project Manager for Contractor for this Task Order. Additional professional services may be performed by other Contractor staff with prior notice and approval by City. a. City's duties. The City will:
(1) Determine the scope of services, as set forth in Exhibit A. (2) Design and Construct the infrastructure required for installation of the EVCS. (3) Coordinate with Liberty Utilities for Power Connections. 60 (3) Designate Ms. Sara Letton as the person at the City responsible for monitoring performance under this Task Order.
b.Contractor duties. The Contractor will:
(1) Furnish and deliver the number of EVCS as identified in Exhibit A, Scope of Services. (2) Conduct Testing, Commissioning and Acceptance of EVCS for Agency Installed EVCS. (3) Provide Operations and Maintenace (O&M) of the EVCS stations on an on-going basis for the duration of the time as identified in Exhibit A, Scope of Services. (4) Provide Project Management and financial Transactions (for Public Facing EVCS), remit payment to the City for revenue collected based on city-approved charging rates, and retain all financial records for at least seven (7) years. (5) Provide on-going 24x7 troubleshooting support and response. (6) Provide miscellaneous other services related to the Project and not stipulated elsewhere in this Task Order when requested by the City for optimum performance of the EVCS. A Task Order Amendment is required if these additional services cannot be performed within the Task Order budget.
(7) Connect chargers to The Blink Network, including the advantages, technology and supports as described in the Proposals.

2. Date of completion; Work hours estimate; Cost estimate and budget; Fee schedule.

With regard to each project given to Contractor that is subject to this Task Order, the time of completion, work hours estimate, cost estimate and budget and fee schedule are set forth in Exhibit A to this Task Order.

3. Authorization to proceed.

The City will give Contractor authorization to proceed with the work specified in this Task Order only after Contractor submits updated insurance certificates and endorsements, in accordance with Section 10 of the Agreement.

4. Master Agreement terms; Conflicts.

Except as expressly otherwise provided herein, all terms of the Agreement shall apply to the Contractor in the performance of work pursuant to this Task Order. If there is a conflict between this Task Order and the Agreement, this Task Order shall control.

4. Amendment of Task Order; Conflicts.

Except as provided in Section 1(b)(2) above, this Task Order may not be modified except by an Amended Task Order executed and approved in the same manner as the Task Order.

5. Signatures. The parties have executed this Task Order as of the date first written above. 61 CITY OF SOUTH LAKE TAHOE
By: _____________________________
Sara Letton, Sustainability Coordinator
By: _____________________________
Anush Nejad, Public Works Director
Reviewed By
By: ______________________________
Heather Stroud, City Attorney

CONTRACTOR
By: __________________________
Name: ________________________
Title: _________________________
(if Contractor is a corporation, add signature of
second corporate officer)
By: __________________________
Name: ________________________
Title: _________________________
Exhibits:

A Scope of work dated/titled June 18, 2024, including time of completion, work hours estimate, cost estimate and budget, and fee schedule (Contractor's current rate) 62 EXHIBIT A OF TASK ORDER 1—Scope of Services
A. Date to commence service.
a. June 18, 2024 and upon the issuance of Notice to Proceed by the City.

B. Addresses for delivery of units.
a. Blink Network, LLC shall coordinate with the City and Contractor to determine the time and location of the delivery of the equipment.
i. Bellamy Parking Garage (Contractor for Installation - TBD) ii. Multigenerational Recreation and Aquatics Center (Roebbelen Contracting Inc.) C. Time of completion.
a. Bellamy Parking Garage: Priority #1. Units should be ordered immediately. City intends to install the units by September 2024.
b. Multigenerational Recreation and Aquatics Center. Priority #2. City intends to install by Summer of 2025.

D. Cost estimate and budget.
a. Bellamy Parking Garage:
i. Series 8 Enhanced (80 Amp), 23ft cable, ISO, Credit Card Reader, W/ Pedestal

1. Seven (7) Type II, dual port units + Seven (7) annual O & M subscriptions + Freight, Taxes, Testing, Commissioning and Acceptance, according to attached proposal, Q-25328.
a. Annual O&M: $1338.24 and will increase annually according to the CPI.

2. Total due, payment according to Payment Schedule and including freight: $68,226.83.
b. Multigenerational Recreation and Aquatics Center
i. Series 8 Enhanced (80 Amp), 23ft cable, ISO, Credit Card Reader, W/ Pedestal

1. Three (3) Type II dual port units + Three (3) annual O & M subscriptions + Freight, Taxes, Testing, Commissioning and Acceptance, according to attached proposal, Q-25388.
a. Annual O&M: $1338.24 and will increase annually according to the CPI.

2. Total due, payment according to Payment Schedule and including freight: $29,090.07.
63 BLINK NETWORK TERMS

AND CONDITIONS
Last Modified: June 6, 2024
This Blink Network, LLC (“Blink,” “we,” or “us”) Account Agreement and its terms and conditions (the “Agreement” or “Terms and Conditions”) apply between all users (“Users,” “User,” “you,” or “your”) of this website (“Website” or “Site”) the Blink mobile application (“Mobile Application”), Blink Charging Stations, the Blink Network, and/or the Blink API, including but not limited to registered members, and, Blink Charging Co. (and its subsidiaries and affiliates), the owner of this Website and the Mobile Application.

By installing and operating a Blink electric vehicle (“EV”) EV charger on the Blink Network; opening a Blink account and/or using a Blink-issued user card and/or using a Blink-provided user code or guest code (“Code”), and/or using the Blink networked EV charging services (“Blink Network”), you agree to the terms specified in this Agreement. These Terms and Conditions apply to the use of and (where applicable) purchase of products and services, including but not limited to use of supportive services and information posted to the Site and/or the Mobile Application. Please read these Terms and Conditions carefully, as they affect your legal rights.

Upon entering into this Agreement with Blink, you may have recently purchased a Blink Charging Station, purchased and/or were provided with one or more radio frequency identification (“RFID”) card(s) and/or you may have received a Code that will allow you access to the public and/or residential Electric Vehicle (“EV”) charging stations on the Blink Network (each, a “Blink Charging Station”). This Agreement applies to and is made part of each application you may submit to open an account with the Blink Network (“Blink Account”). By submitting an application to open a Blink Account, you acknowledge and consent to the Terms and Conditions of this Agreement, and to Blink’s Privacy Policy ( ), all of which may be updated from time to time without giving notice to its Users. In addition, this Agreement may be changed at any time without prior notice. All such changes shall be posted on this Website and/or on the Mobile Application. You should check the Website and/or Mobile Application for such changes frequently. Your continued access to, and use of, the Blink Charging Stations and any applicable ancillary services, including, but not limited to the use of and/or access to the Blink Network and/or the Blink’s Website, API, or Mobile Application (the “Services”), after such changes are posted, conclusively demonstrates your acceptance of those changes. You acknowledge and agree that Blink may collect, on behalf of itself and/or its clients (“Hosts”) non-personally identifying data relating to the usage of Blink Charging Stations and the fees charged to Users by such Hosts for access to the Blink Charging Stations. All such information may be shared by Blink with third parties at Blink’s sole and absolute discretion. The way we use your information is detailed in our Privacy Policy.

1. Fees. You agree to pay all applicable fees (“Fees”) for connecting to the network, accessing Blink Charging Stations, or those fees associated with any use of the Services, including using your RFID card(s) at a Blink Charging Station, or remotely, through a customer service agent at your request, or by using a Code or any application embedded in a smartphone or in similar technology.

2. Permitted Use. Use the Services solely in accordance with instructions provided to you by Blink. You hereby agree to comply with all applicable laws and regulations, as well as any policies and rules set by a Host (either the owner of the Blink Charging Station or the owner of the property on which the Blink Charging Station is located) when using Blink Charging Stations and/or Services.

3. Statements. You are required to promptly review your Blink statements and/or other payment method statements related to the Services (such as your credit card statement) and notify Blink’s customer service in writing of any issues you might have regarding the Fees. All Fees not contested within 30 days of the corresponding statement date will be: (i) in the case of Fees not yet paid, deemed due and payable; and (ii) in the case of Fees already paid, non-refundable. blinkcharging.com/privacy-policy
6/7/24, 3:30 PM Blink Network Terms and Conditions
https://blinkcharging.com/legal/blink-network-terms-and-conditions 1/16 64 4. Update Your Information. You are required to promptly update your online account information, including changes to your name, email address, mailing address, telephone number, credit card information (including credit card number, expiration date, and billing address) upon the occurrence of any change to such information. Failure to update your information may result in account cancellation. You will remain liable for all Fees billed to your Blink Account until the date your Blink Account is canceled by you or Blink.

5. Billing. You may use an RFID card or a Code to pay Fees on any Blink Charging Station you are allowed to use (with explicit or implicit permission from the Host). When using your RFID card for payment of Fees, the Blink EV Charging Station will read your RFID card or accept your Code, and a record of your transaction will be created. Fees will be charged to your Blink Account in accordance with the price configured by the Host and/or Blink for that specific Blink Charging Station. It is your responsibility to be made aware of the prices charged to your Blink Account and/or to your credit card. Make sure to keep your RFID card or Code secure, if you or any other person uses your RFID card or Code at a Blink Charging Station, you agree to pay the Fees specified thereof. You agree that Blink may share with its Hosts or another duly authorized party, any information specified in this Blink Account Agreement regarding your usage and payments for the purposes of processing and collecting fees and enforcing Blink Network’s policies and related contractual obligations.

6. Charging Fees. Our Fees are charged: (i) by kilowatt-hour (“kWh”) of energy dispensed to the vehicle; or (ii) by the time the vehicle is plugged into the Blink Charging Station rounded up to thirty-second intervals or 1-hour intervals, depending on the specific Blink Charging Station; or (iii) by a flat fee for the total session (“session-based rate”), depending on the location of the Blink Charging Station. Blink maintains an updated schedule of pricing rates by region on the Blink Network website ( ). Additionally, certain Blink Charging Stations charge a nonrefundable occupancy fee for cars plugged into the Blink Charging Station after the charging session has ended.

7. Authorization Hold, Fees, and Charges. Although you provide your credit card information when you apply for an RFID card or when you request a Code, your credit card will not be charged until you utilize a Blink Charging Station. Blink reserves the right to place an authorization hold of up to $100 on the provided payment method (the "Authorization Hold"). This Authorization Hold is temporary, and you will only be billed for the Fees incurred at the conclusion of your charging session. Please be advised that it may take up to seven (7) days for your financial institution to release the Authorization Hold.

8. Collection. In the event that payment on your credit card is declined, Blink may suspend or terminate your account. In addition, Blink may institute collection proceedings against you for all outstanding and unpaid balances, including all fees, costs or other expenses (including, without limitation, reasonable attorney fees) incurred by Blink in connection with its collection efforts.

9. RFID Card Replacement. If your RFID card fails to operate for reasons other than abuse or improper use and you return it to the Blink Customer Service Center, a replacement will be sent to you at no additional charge. If your RFID card is lost or stolen, please report the loss or theft immediately by accessing your Blink Account and updating the appropriate status, or, if you do not have access to the internet, inform Blink Customer Service immediately (see contact information at the end of this document). You remain liable for all Fees initiated with your RFID card or Blink Code until you have notified Blink that your RFID card has been lost or stolen. Blink Codes are good for use within three (3) days of purchase and are non-refundable.

10. Information. You agree that the information on your Service usage may be used by Blink to analyze averages, trends, and other anonymous patterns of usage, as per the Blink Privacy Policy as provided on the Blink Website. You agree that Blink may access your Blink Account your Blink Charger and/or your residential charger (if applicable) for service-related or data collection purposes and that Blink may share non-personally identifiable data with third parties in connection with government grants, private agreements, and/or other contractual obligations.

11. Public Nature of Charging Stations. By connecting your EV Charger to the Blink Network, unless you specifically request otherwise in writing, you are granting access to the EV Charger to all Blink members and guests. Such access is limited to utilizing the EV Charger for charging purposes. https://blinkcharging.com/drivers/pricing/
6/7/24, 3:30 PM Blink Network Terms and Conditions
https://blinkcharging.com/legal/blink-network-terms-and-conditions 2/16 65 A. INTELLECTUAL PROPERTY

1. Trademarks. “ ,” “Blink Network,” “Blink,” and all logos related to the Services are either trademarks or registered trademarks of Blink or third parties. You may not copy, imitate or use them without Blink’s prior written consent. Included in our intellectual property are all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Blink. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Blink website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the preceding is the exclusive property of Blink and its licensors. BLINK is a U.S. and European Union registered trademark and service mark of Blink Charging Co. All other brand names, product names, or trademarks belong to their respective holders.

2. Limited License. If you are using Blink’s software such as an API, developer’s toolkit or other software application (the “Software”) that you have downloaded to your computer, device, or other platform, then Blink is granting you a revocable, non-exclusive, non-transferable license to use the Software in accordance with the Blink licensing agreements. You may not rent, lease or otherwise transfer your rights in the Software to a third-party. You must comply with any use requirements and restrictions Blink may place on the Software and Services at Blink’s sole discretion. If you do not comply with Blink’s use requirements and restrictions you will be liable for all resulting damages suffered by you, Blink and third parties. Blink may change or discontinue any of the Software with or without notice to you. a. If your EV Charger is connected to the Blink Network, for the price agreed to between yourself and Blink, Blink grants you a revocable, non-exclusive, non-transferable license to use the Network and underlying Software in accordance with these Terms and Conditions. b. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software. You acknowledge that all rights, title, and interest to the Software and Network are owned by Blink. Any third-party software application you use on Blink’s website is subject to the license you agreed to with the third-party that provides you with their software. Blink does not own, control nor have any responsibility or liability for any third-party software application you elect to use on the Blink website and/or in connection with the Services.

3. Restricted Activities. In connection with your use of the Services or in the course of your interactions with Blink, other users, or third parties, you will not: Breach this Agreement, or any other agreement or policy that you have agreed to with Blink, or:

4. a. Violate any law, statute, ordinance, or regulation; b. Infringe on Blink’s or any third-party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
c. Act in a manner that is defamatory, trade libelous, threatening or harassing; d. Provide false, inaccurate or misleading information; e. Send what we reasonably believe to be potentially fraudulent funds; f. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
g. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
h. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or BlinkCharging.com
6/7/24, 3:30 PM Blink Network Terms and Conditions
https://blinkcharging.com/legal/blink-network-terms-and-conditions 3/16 66 copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website, mobile App, Blink API, or the Services;
i. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
j. Circumvent any Blink Policy or determinations about your Account such as temporary or indefinite suspensions or other limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Account(s) when an Account has been restricted, suspended or otherwise limited; creating new or additional Accounts using Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Account; k. Harass or threaten our employees, agents, or other users.

B. DISCLAIMER OF WARRANTIES. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLINK EXPRESSLY

DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLINK MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (ii) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

C. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLINK SHALL

NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY

DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,

USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLINK HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES.

D. Indemnity. You agree to indemnify, protect, and hold harmless: (i) Blink and its directors, officers, employees, agents and distributors, and (ii) Hosts, and their respective directors, officers, employees and agents (collectively, the “Indemnified Parties”) from all liability for any loss, damage or injury to persons or property arising from or related to your misuse or misapplication of the Services or otherwise for your negligence or misconduct.

To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnified Parties from all liability for loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the Services. You agree that none of the Indemnified Parties will incur any obligation or liability for any such loss, damage or injury to the maximum extent allowable by law. Your sole and exclusive remedy against the Indemnified Parties will be the replacement of any defective RFID card(s). Notwithstanding anything to the contrary herein, Blink’s liability arising from Services and/or Blink Charging Stations shall not exceed the total Fees you have paid to Blink for the Services provided hereunder.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE

LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, PARTS OF, OR THE ENTIRE DISCLAIMER, LIMITATIONS, AND RELEASE MAY NOT APPLY TO YOU.

E. AGREEMENT TO ARBITRATE. You and Blink each agree that any and all disputes or claims that have arisen or may arise between you and Blink, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
6/7/24, 3:30 PM Blink Network Terms and Conditions
https://blinkcharging.com/legal/blink-network-terms-and-conditions 4/16 67 YOU AND BLINK AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN

INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BLINK AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY

AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN

FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER BLINK USERS.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this Agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of subsection (a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at . A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”).

The Notice to Blink should be sent to Blink, Attn: Legal Department, Re: Notice of Dispute, 407 Lincoln Rd., Suite 704, Miami Beach, Fl 33139. Blink will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Blink are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Blink may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at .

The arbitration shall be held in Miami-Dade County, Florida. If the value of the relief sought is $10,000 or less, you or Blink may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Blink subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Blink may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or Blink shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Blink Users but is/are bound by rulings in prior arbitrations involving the same Blink user to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules unless otherwise stated in this Agreement to Arbitrate. With the exception of any of the provisions in subsection (a) of this Section if a court decides that any part of this Section is invalid or unenforceable, the other parts of this Section shall still apply. If a court decides that any of the provisions in subsection (a) of this Section is invalid or unenforceable, then the entirety of this Section shall be null and void. The remainder of the User Agreement will continue to apply.

IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO BLINK, ATTN: LEGAL DEPARTMENT, 605 LINCOLN RD., 5TH FLOOR, MIAMI BEACH, FL 33139.

The Opt-Out Notice should include the subject line “Opt-Out” and the body must include your name, address, phone number, and the email address(es) used to log into Blink account(s) to which the opt-out www.adr.org
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https://blinkcharging.com/legal/blink-network-terms-and-conditions 5/16 68 applies. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement, including all other provisions of this Section will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. If you opt out of arbitration, we reserve the right to terminate our relationship with you. If you opt-out, any disputes arising out of our relationship will be governed in accordance with the laws of the State of Florida without regard to conflict of laws. By opting out of the Arbitration Agreement you expressly agree to submit to the jurisdiction and proper venue of the competent state or federal courts located in Miami-Dade County, Florida.

Notwithstanding any provision in the Agreement to the contrary, you and Blink agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Blink prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Blink. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the thirty-day period, and you will not be bound by the amended terms.

BLINK PRO MEMBERSHIP ACCOUNT AND BILLING TERMS
Once you upgrade to a Pro account, you will be unable to downgrade to a Blink Plus membership. The Blink Pro Membership Account is the default membership for any Blink Members signing up after August 11, 2020. In addition to the Blink Pro Membership Account-specific terms, it is subject to all of the Terms and Conditions of a Blink Plus Membership. With your new Blink Pro Membership Account, you will be able to pre-load funds to your account. The dollar value that you load onto your Blink account is a prepayment for charging your vehicle at any charger on our Network. We recommend upgrading to the Blink Pro Membership account to make it easier for you to charge with us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value you load onto your Blink Pro Membership Account is non-refundable and may not be redeemed for cash.

The value on your Blink Pro Membership Account is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.

The Blink Pro Membership Account is not targeted towards, nor intended for use by, anyone under the age of 15. If you are between the ages of 15 and 18, you may only sign up for a Blink Pro Membership Account under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

1. Loading Value on Your Pro Account. In the United States and Canada, you can load value on your Blink Card by going online to or calling (888) 998.2546. There may be a delay from the time you pay the amount to be loaded onto your account and those funds being available for use. You may not have more than $500 in value loaded to your account at any time, and no more than $2,000 may be associated with your account in a single day. This means that the activity on your account cannot exceed $2,000 over the course of a day. There is a minimum amount that you may load on your account at any given time, and that amount is typically $5. We may change any of these amounts at any time without notice to you.

If you use a credit or debit card to reload your account, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction (“Transaction”). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or Blink may attempt to contact you for additional information prior to authorizing the Transaction amount. For credit cards, once an authorization is received, you may notice a decrease in your available credit line.

Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, Blink will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.

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https://blinkcharging.com/legal/blink-network-terms-and-conditions 6/16 69 All amounts loaded onto your account are denominated in the currency of the country in which it was sold (the “base currency”). When you make a purchase in a different country, the Transaction total is converted from the currency of that country (the “local currency”) to the base currency and deducted from your account balance. No fees or other charges are made to your account for the currency conversion.

However, note that your bank or card provider may charge you a separate fee if you are using a credit or debit card or other accepted payment method to load your account outside of the U.S. Blink does not receive any portion of, and does not have any control over, any such fee. Although the actual balance of your account is kept in the base currency, the balance shown on your receipt will be in the local currency of the store location. Transactions that occur on our website are denominated in U.S. dollars. Currency conversions are based on currency exchange rates applicable on the date of the Transaction.

You can reload online or over the phone, to make reloading your account easier, you can link a payment method to your Blink account (which you can access at ) and reload either manually online when you choose or set up auto-reload. With automatic reload, you simply set the reload balance at which you want to trigger the reload to your account. We will charge the credit or debit card associated with your account or you can provide us with new payment information. We will send you an email confirming the automatic reload Transaction terms and bill your credit card or debit card according to the schedule and/or amount you have selected. We will also send you an email after each reload to let you know your Blink Card has been reloaded. You can change your reload preferences at any time, but changes may take up to twenty-four (24) hours to take effect. To discontinue the automatic reload feature, you must log-in to your Blink account at least twenty-four (24) hours before the next scheduled reload.

Once the dollar value is loaded, the Transaction cannot be reversed.

2. Low Balance. Blink reserves the right to reject a charging session if a Blink Pro Membership Account member’s balance reaches $0. Until the member’s account has been reloaded, that member will be unable to utilize any Blink charging stations or charging stations on the Blink Network.

If a Blink Pro Membership Account member’s balance reaches $0 in the middle of a charging session, Blink will utilize the user’s credit or debit card associated with their account to cover the cost of the charging session. The charging session continues unimpeded until stopped by the Member. Immediately following the charging session in which the balance falls below $0 the credit or debit card associated with the Member’s account will be charged. The member will be emailed a receipt of the transaction. If a Blink Pro Membership Account member’s credit card on file is not active and the charge session continues the Member will be notified of the negative balance on their account. The Member’s account will be temporarily suspended until the Member adds funds to their account and clears the negative balance. At any time if member’s credit card is not active, the user will not be able to load money onto their prepaid account until they provide a valid credit or debit card.

3. Fees and Expiration of Card Balances. We do not charge any activation, service, dormancy or inactivity fees in connection with your account. Your account has no expiration date nor does the value on your account ever expire.

4. Receipts and Transaction History. When you use your account, a receipt will be made available. The receipt will indicate that the purchase was made using your account and will provide the remaining balance of your account. Please check your online Transaction history regularly to ensure that your Transaction history and account balance are correct. You can check the balance of your account or review recent Transactions on your account at We may also send you statements of activity on your Blink Pro Membership Account.

5. Billing Errors, Corrections. We will correct the balance of your account if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your account, please call Customer Service. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.

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https://blinkcharging.com/legal/blink-network-terms-and-conditions 7/16 70 6. Fraud Associated with Your Blink Account or Account Balance. We will not accept any account charges or will limit use of any account or account balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk.

Blink has no liability to you for any third-party fraud or unlawful activity associated with any Blink account or account balance.

7. Registration, Liability for Unauthorized Transactions. To register for the Blink Pro Membership Account visit or download the Blink Mobile app. When registering for the Blink Pro Membership Account, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your account. If you believe your account has been disabled in error, please call customer service. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your account information.

You should treat your Blink Account or the Blink Pro Membership Account and RFID card like cash and not disclose your Blink Account or the Blink Pro Membership Account or RFID card information to anyone.

If your Blink RFID Card or Blink Account or the Blink Pro Membership Account information is lost or stolen, anyone who obtains possession of either may use your account. You are responsible for all transactions on your account, including unauthorized transactions. However, if your RFID card is lost, stolen or destroyed, your RFID card can be replaced with the balance remaining on it at the time you contact us. Your registered RFID card and balance is protected from the time you notify us. We will freeze the remaining balance on your Blink account or the Blink Pro Membership Account at the time you notify us, a new RFID card will be issued, and the proper security measures will be taken to protect your account.

8. Using the Blink Website, API, or Mobile Applications. You may access and use Blink’s Website, API, and Mobile Application to obtain information regarding Blink Charging Station locations and other content and features that Blink may make available. The use of the Blink Website, API, and Mobile Application is subject to these Terms and Conditions and the Blink Privacy Policy. You are responsible for all use of the Blink Website, API, and Mobile Applications under your username. You acknowledge and agree that Blink may modify the Blink Website, API, and mobile applications in any way and at any time, with or without notice. You further acknowledge and agree that, while Blink has attempted to provide accurate information on the Blink Website, API, and Mobile Application, such information may change frequently and in no event will Blink be responsible for the accuracy, usefulness or completeness of any information, materials or other content on or related to the Blink Website, API, or Mobile Apps, nor does it warrant that any such information, materials, or other content is the most current version thereof.

9. Offers from Third-Party Organizations. From time to time, you may receive offers via your Blink Account or the Blink Pro Membership Account from other organizations (“Third Party Organizations”).

Acceptance and performance under such offers are strictly between you and those Third-Party Organizations. Blink does not assume responsibility for any performance by these organizations, and you agree: (i) to look solely to the Third-Party Organizations, and (ii) to release Blink from any liability, with respect to any offers you might accept from such Third-Party Organizations or their affiliates. These ThirdParty Organizations conduct business for themselves and are not part of the Blink business. As such, you should always make sure to review their terms of service and privacy policies so that you may better understand what is being offered, what is expected of you and what may be done with any personally identifying information you provide to them.

10. Termination. Either Party may terminate this Agreement at any time and for any reason. If you wish to terminate your Blink Account and this Agreement, you must notify Blink in writing. Following any termination, you shall remain responsible for any and all unpaid Fees associated with your Blink Account or the Blink Pro Membership Account. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fees or penalties, and you may be subject to collection actions for any unpaid balance. If you are a charging station operator and you wish to terminate this Agreement your charging station will be removed from the Blink Network.

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https://blinkcharging.com/legal/blink-network-terms-and-conditions 8/16 71 11. Bay Area Air Quality Management District EVSE Deployment Program Participants. Participants in the Bay Area Air Quality Management District (“DISTRICT”) Electric Vehicle Supply Equipment (“EVSE”) Deployment Program (“Program”) with Blink, hereby expressly agree and acknowledge the following:

1. a. You purchased or leased a Vehicle that is registered in your name and at an address located within the DISTRICT’s jurisdiction;
b. You purchased EVSE that is installed at the same address as the Vehicle is registered; c. You obtained permits and any other required approvals from the local governing agency for the installation of your EVSE;
d. You agreed to operate your Vehicle and EVSE for a minimum of three years; e. You provide your charging usage data to Blink and DISTRICT for Program evaluation purposes; f. You allow Blink or DISTRICT to notify the local utility of the address where the EVSE is installed; g. You allow Blink or DISTRICT to inspect the location where EVSE was installed; h. Individuals may only participate in the Program once and you are not already receiving funding from the DISTRICT for participation in the Program though another Program contract provider; i. Participation in the Residential EVSE Reporting Component of the Program is voluntary; j. “Vehicle,” under this subheading, shall mean a plug-in electric vehicle that was purchased or leased on or after December 1, 2010, with a gross vehicle rating below 14,000 pounds; and k. “Participant,” under this subheading, shall mean a person that, lives in the Bay Area during the term of the Program, and has to the knowledge of Blink, complied with the foregoing Program Residential EVSE Reporting Component requirements.

HOST-SPECIFIC TERMS AND CONDITIONS

1. PROVIDER’S RESPONSIBILITIES AND AGREEMENTS

1.1 Network Operation. The Provider shall be responsible for: (i) provisioning, operating, maintaining, administering, and supporting the Blink Network infrastructure (but excluding Hosts’ EVSEs and infrastructure for transmitting data from Networked EVSE to any Blink Network operations center); (ii) provisioning, operating, maintaining, administering, and supporting the Network Web Portals; (iii) acquisition and registration of new Blink Account Holders, administration and support of Blink Accounts and provisioning the support services for Users embodied in the Blink Services, and (iv) using commercially reasonable efforts to comply with all applicable laws and regulations governing, restricting or otherwise pertaining to the use, distribution, export or import of data, products, services and/or technical data whether such information or data relates to either the Host or Users in connection with the Blink Network.

1.2 Purchased Blink Services. The Provider shall make the Purchased Blink Services available to Host for each Networked EVSE listed on the invoice to which these Terms apply during the Subscription Term.

The Provider represents and warrants that: (i) it has the power and authority to enter into and be bound by these Terms, (ii) the Blink Services shall perform materially in accordance with the Documentation, (iii) it will provide all support for Purchased Blink Services and technical support and maintenance for all Software Applications as set forth in the Documentation, including, without limitation, Upgrades and will use commercially reasonable efforts to make the support services and the Purchased Blink Services available 24 hours a day, 7 days a week, 365 days per year, except for planned downtime, (iv) except as otherwise set forth herein, the functionality of the Blink Services shall not materially decrease during the Subscription Term, and (v) it will use commercially reasonable efforts to ensure that it does not transmit to 6/7/24, 3:30 PM Blink Network Terms and Conditions
https://blinkcharging.com/legal/blink-network-terms-and-conditions 9/16 72 Host any Malicious Code (excepting Malicious Code transmitted to Provider by Host). Host’s exclusive remedy for a breach of any of the foregoing shall be as provided in Section 7.4 and Section 7.5 as set forth below.

1.3 Limitations On Responsibility. Neither Provider, its distributors nor any of its other authorized representatives shall be responsible for, or makes any representation or warranty to Host with respect to the following: (i) specific location(s) or number of Networked EVSE now, or in the future, owned, operated and/or installed by hosts other than Host, or the total number of Networked EVSE that comprise the Blink Network; (ii) continuous availability of electrical service to any Networked EVSE; (iii) continuous availability of any wireless or cellular communications network or internet service provider network not operated by Provider; (iv) availability of or interruption of the Blink Network attributable to unauthorized intrusions; (v) EVSE that are not registered and activated with the Blink Network, and (vi) the continued availability of any Google services incorporated for use with the Blink Services; provided that, if Google ceases to make the Google Application Programming Interface (“API”) or any similar program available on reasonable terms for the Blink Services, the Provider shall make commercially reasonable efforts to replace the Google API or such similar program with products providing similar functionalities if such products are available upon terms which the Provider, in its reasonable discretion, believes are commercially reasonable; and provided further that, if Google ceases to make the Google API or similar program available, or available on reasonable terms for the Blink Services, the Provider may cease providing such features without entitling Host to any refund, credit or other compensation.

1.4 Disclaimer Of Warranty. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE

PROVIDER NOR ANY OF ITS DISTRIBUTORS OR OTHER AUTHORIZED REPRESENTATIVES, AS

APPLICABLE, MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,

STATUTORY OR OTHERWISE, AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES,

INCLUDING ANY WARRANTIES OF MERCHANTABILITY FOR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

2. HOST RESPONSIBILITIES AND AGREEMENTS

2.1 General. Host shall be solely responsible for: (i) the purchase and installation of Host’s EVSE and other electrical vehicle charging products; (ii) registration with and activation of Host’s EVSE on the Blink Network through a Network Web Portal, including, without limitation, keeping current Host’s contact information, email address for the receipt of notices hereunder, billing address for invoices and payment of Host’s Net Session Fees due under these Terms; (iii) determining the pricing (including all applicable Taxes and Regulatory Charges) for any services accessed by Users through Host’s Networked EVSE that are designated Commercial EVSEs and any conditions limiting access thereof, (iv) if a Networked EVSE is moved from its registered Host Location, Host shall notify Provider and so that Provider may update the registered Host Location of the Networked EVSE on the appropriate Network Web Portal within five (5) business days of making any such change(s); (v) provisioning and installation of appropriate signage that clearly and prominently identifies and, where appropriate, provides directions to the Host Property Locations so that they may be easily located by Users; (vi) designation of each Networked EVSE as either a Commercial EVSE or a Free EVSE; (vii) keeping Networked EVSE and Host Property Locations(s) clean and free of graffiti, unauthorized advertising, debris and other materials that would obscure, block access or otherwise detract from or cast a negative light on the reputation of the Provider; (viii) the maintenance, service, repair and/or replacement of Host’s Networked EVSE as needed, whether purchased from Provider or otherwise; (ix) assuring the accessibility, lighting and other factors pertaining to the safety of Users while utilizing the EVSEs not directly related to the design or manufacture of the EVSEs themselves.

2.2 Representations And Warranties Of Host. Host represents and warrants to the Provider, its distributors and other authorized representatives that: (i) Host has the power and authority to enter into and be bound by these Terms and to install the EVSEs and any other electrical vehicle charging products to be registered and activated on the Blink Network at the Host Location(s); (ii) Host assumes all responsibility that the electrical usage consumed by any of Host’s Networked EVSE does not violate or otherwise conflict with the terms and conditions of any applicable electrical purchase or other agreement including, without limitation, any lease, to which Host is a party; and (iii) Host will comply with all applicable laws and regulations in performance of its obligations and duties hereunder. 6/7/24, 3:30 PM Blink Network Terms and Conditions
https://blinkcharging.com/legal/blink-network-terms-and-conditions 10/16 73 2.3 Further Agreements Of Host Made In Connection With Registration Of Evse On The Blink Network And Use Of Blink Services. Host further acknowledges and agrees with the Provider and its distributors and authorized representatives, as applicable, as follows: (i) Host will not remove, conceal or cover the Blink Marks or any other markings, labels, legends, trademarks, or trade names installed or placed on the Networked EVSE or any peripheral equipment for use in connection with the Networked EVSE for so long as such EVSEs are Networked EVSE; (ii) Host shall comply with, and shall have responsibility for and cause all other persons accessing or using Network Web Portals to comply with, all of the rules, regulations and policies of the Provider, as well as other networks and computer systems used to access Network Web Portals, whether operated by Host, its suppliers or others and Host agrees to indemnify and hold the Provider, Blink, and their respective distributors and authorized representatives, directors, shareholders, officers, agents, employees, permitted successors and assigns harmless from any third party notices, allegations, claims, suits or proceedings (each, a “Claim”) resulting from Host’s use of Network Web Portals and the Blink Services in violation of the terms of this Section 2.3; (iii) Host shall: (A) use its commercially reasonable efforts to prevent unauthorized access to Purchased Blink Services, (B) use the Purchased Blink Services only in accordance with the Documentation and applicable laws and government regulation, (C) shall not sell, resell, rent or lease the Purchased Blink Services, (D) shall not interfere with or disrupt the integrity of the Blink Network, the Blink Services or any third party data contained therein, and (E) shall not attempt to gain unauthorized access to the Blink Network or the Blink Services or their related systems or networks. All data collected by the Provider in connection with the operation of the Blink Network shall be owned by the Provider and Host acknowledges and agrees that Host shall have no right of access or the use of such data for any purpose other than the management of Host’s Networked EVSE while registered with the Blink Network. Host agrees to comply with the privacy policy set forth on .

3. SESSION FEES AND PAYMENT FOR PURCHASED BLINK SERVICES

3.1 Session Fees. Host shall have sole authority to determine a User’s Session Fees (which shall include all applicable Taxes and Regulatory Charges) applicable to Host’s Networked EVSE.

3.2 Session Transaction Fees. In exchange for the Provider collecting Session Fees on behalf of the Host, the Host hereby authorizes the Provider to deduct from all Session Fees collected a Session Processing Fee in the amount equal to 8% of the Session Fee, or as such fees may be updated from time to time in accordance herewith.

3.3 Payment To Host Of Net Session Fees. The Provider shall remit all Net Session Fees to Host not more than fifteen (15) days after the end of each calendar month to the address provided by Host to Provider. Host expressly agrees that the Provider has the right to offset any balances owed by Host to Provider whether for Subscription Fees (as defined below) and/or Equipment purchase price pursuant to any purchase order executed by Host or a party authorized to execute on behalf of Host with the Net Session Fees collected by Provider. Provider shall have no obligation to notify Host of such offset but may do so upon the request of Host.

3.4 Subscription Fees. Host shall pay the annual Subscription Fee of $240 per Gen 1, IQ200 Kiosk and Advanced, $144 per IQ200 Smart and $360 IQ200 Dual Networked EVSE, or as such fees may be updated from time to time in accordance herewith, in accordance with the applicable purchase order and within 15 days of the start of any renewal term. Except as otherwise specified herein, (i) Subscription Fees are quoted in and payable in U.S. Dollars, (ii) Subscription Fees are based on Blink Services to which Host has subscribed and not on Host’s actual usage of such services, (iii) payment obligations are non-cancelable and are non-refundable, and (iv) Subscriptions are non-transferable. Subscription Fees are based on annual periods that begin on the date of the Subscription start date and end each annual anniversary thereafter.

3.5 Overdue Subscription Fees. If any invoiced Subscription Fees are not received by the Provider by the due date, then such charges: (i) may accrue late interest at the rate of one and one-half percent (1.5%) of the outstanding balance per quarter, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until paid, and (ii) the Provider may condition future Subscription renewals and new Subscriptions on payment terms other than those set forth herein. host.blinknetwork.com
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https://blinkcharging.com/legal/blink-network-terms-and-conditions 11/16 74 3.6 Acceleration And Suspension Of Blink Services. If any amount owing by Host under these Terms for Subscription Fees for Purchased Blink Services or under any other agreement between the Provider (or an Affiliate of Provider) and Host is more than thirty (30) days overdue (or, in the event that Host has authorized the Provider to charge the amount owing to Host’s credit card and payment under such credit card has been declined, more than 5 days has passed since Host has received notice from the Provider of such event), the Provider may, without otherwise limiting the Provider’s rights or remedies, accelerate Host’s unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend the use by Host of the Purchased Blink Services until such amounts are paid in full.

3.7 Taxes And Regulatory Charges. Unless required by law or otherwise stated herein, Session Processing Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, but not limited to, value added, sales, local, city, state or federal taxes (“Taxes”) or any fees or other assessments levied or imposed by any governmental regulatory agency (“Regulatory Charges”). Host is responsible for the payment of all Taxes and Regulatory Charges hereunder in connection with Purchased Blink Services, Session Fees and Session Processing Fees; provided, that the Provider is solely responsible for all Taxes and Regulatory Charges assessable based on the Provider’s income, property and employees. Where the Provider is required by law to collect and/or remit the Taxes or Regulatory Charges for which Host is responsible, the appropriate amount shall be invoiced to Host and deducted by the Provider from Session Fees, unless Host has otherwise provided the Provider with a valid tax or regulatory exemption certificate or authorization from the appropriate taxing or regulatory authority.

4. PROPRIETARY RIGHTS

4.1 Reservation Of Rights. Subject to the limited rights granted expressly hereunder, Provider reserves all right, title and interest in and to the Blink Services, including all related Intellectual Property Rights. No rights are granted to Host hereunder except as expressly set forth herein. Provider shall have a royaltyfree, worldwide, transferable, sublicensable, irrevocable perpetual license to use or incorporate in the Blink Services any suggestions, enhancement requests, recommendations or other feedback provided by Hosts or Users relating to the Blink Services.

4.2 Restrictions On Use. Host shall not: (i) create derivative works based on the Blink Services, (ii) copy, frame or mirror any part or content of the Blink Services, (iii) reverse engineer any EVSE or Software Application, or (iv) access the Blink Network, any Network Web Portal or the Blink Services in order to (A) build a competitive product or service, or (B) copy any features, functions, interface, graphics or “look and feel” of any Network Web Portal or the Blink Services.

4.3 GRANT OF LIMITED LICENSE FOR BLINK MARKS

4.3.1 License Grant. Host is granted under these Terms the nonexclusive privilege of displaying Blink Marks during the Subscription Term in connection with the Networked EVSE installed by Host. Host warrants that it shall not use any of the Blink Marks for any products other than the Networked EVSE at the Host Property Locations(s). Provider may provide trademark usage guidelines with respect to Host’s use of the Blink Marks which will be made available on a Network Web Portal, in which case Host thereafter must comply with such guidelines. If no such guidelines are provided, then for each initial use of the Blink Mark, Host must obtain Provider’s prior written consent, which shall not be unreasonably withheld or delayed, and after such consent is obtained, Host may use the Blink Mark in the approved manner. The Blink Marks may not be used under these Terms as a part of the name under which Host’s business is conducted or in connection with the name of a business of Host, provided that Host shall be under no obligation to exercise the license granted hereunder. Host agrees it will not list Provider or use the Blink Marks in conjunction with the name or mark of a competitor of Provider. Notwithstanding anything to the contrary contained in this Section, Host shall not obscure or partially obscure any Blink Marks placed on Host’s EVSE.

4.3.2 No Registration Of Blink Marks By Host. Host will not take any action, directly or indirectly, to register or apply for or cause to be registered or applied in Host’s favor or in the favor of any third party any Blink Marks or any patent, trademark, service mark, copyright, trade name, domain name or registered design that is substantially similar to a patent, trademark, service mark, copyright, trade name 6/7/24, 3:30 PM Blink Network Terms and Conditions
https://blinkcharging.com/legal/blink-network-terms-and-conditions 12/16 75 or registered design of Blink or the Provider, or that is licensed to, connected with or derived from confidential, material or proprietary information imparted to or licensed to Host by Blink or the Provider.

4.3.3 Use Of Blink Marks By Host On The Internet. Host shall be entitled to use the Blink Marks to promote the Blink Network on Host-owned websites and through the internet advertising of Host, provided, that Host is limited to using the Blink Marks in connection with the Internet as follows: (i) the use must be in compliance with local rules regarding advertising of the Networked EVSE and the Blink Network on the Internet; (ii) no license is granted to use or register any domain name containing “Blink” or the Blink Marks; and (iii) Host will at all times indicate that each of the Blink Marks is a mark of Provider and used under license, as appropriate. Host agrees to allow the limited use of its name and/or logo in Provider’s standard investor/shareholder presentation materials.

4.3.4 Termination And Cessation Of Use Of Blink Marks. Upon termination of the Subscription Term, Host and its Affiliates will immediately discontinue all use and display of the name “Blink” and the Blink Marks.

5. INDEMNIFICATION

5.1 Indemnification Of Host By Provider. Provider shall defend at its expense any third party notices, allegations, claims, suits, or proceedings (“Claim”) against Host to the extent alleging that the use of any of the Blink Services as permitted hereunder or the Blink Marks as furnished hereunder infringes or misappropriates the Intellectual Property Rights of any third party, and to pay costs and damages finally awarded in any such suit or agreed to by Provider in settlement with such third party (including reasonable attorney’s fees and expenses), provided that Provider is notified promptly in writing of the suit and at Provider’s request and at its expense is given control of said suit and all requested reasonable assistance for defense of same. Provider agrees that it shall not settle any Claim unless Host, as applicable, is unconditionally released from any liability as part of any settlement. This indemnity does not extend to any suit based upon any infringement or alleged infringement of any Intellectual Property Rights by the combination of a product (including the Blink Services) furnished by Provider with other elements not furnished by Provider if such infringement would have been avoided by the use of the Blink product (including in conjunction with the Provider-furnished Blink Services) alone.

5.2 Indemnification Of The Provider By Host. Host shall defend the Provider, its distributors, authorized agents, directors, shareholders, officers, agents, employees, permitted successors, and assigns against any Claim (i) as a result of Host’s negligence or willful misconduct or (ii) alleging that Host’s use of the Blink Network or Blink Services in violation of these Terms infringes or misappropriates the Intellectual Property Rights of any third party or violates applicable law, and to pay costs and damages finally awarded in any such suit or agreed to by Host in settlement with such third party (including reasonable attorney’s fees and expenses), provided that Host is notified promptly in writing of the suit and at Host’s request and at its expense is given control of said suit and all requested reasonable assistance for defense of same. Host agrees that it shall not settle any Claim unless Provider, its distributors, and/or other authorized representatives, as applicable, are unconditionally released from any liability as part of any settlement.

5.3 Limitation Of Liability. Except for liability for indemnification against third party claims for infringement or misappropriation of intellectual property rights, Provider’s aggregate liability under these Terms shall not exceed the aggregate Subscription Fees paid by Host to the Provider in the calendar year prior to the event giving rise to the Claim. THE FOREGOING DOES NOT LIMIT HOST’S PAYMENT OBLIGATIONS FOR THE PURCHASED BLINK SERVICES.

5.4 Exclusion Of Consequential And Related Damages. REGARDLESS OF WHETHER ANY REMEDY

SET FORTH HEREIN FAILS IN ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL THE

PROVIDER, ITS AFFILIATES OR THEIR RESPECTIVE DISTRIBUTORS OR OTHER AUTHORIZED

REPRESENTATIVES BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA,

BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,

INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY

OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE BLINK

NETWORK, ANY BLINK SERVICES, THESE TERMS OR OTHERWISE OR BASED ON ANY

EXPRESSED, IMPLIED OR CLAIMED WARRANTIES BY HOST NOT SPECIFICALLY SET FORTH IN 6/7/24, 3:30 PM Blink Network Terms and Conditions
https://blinkcharging.com/legal/blink-network-terms-and-conditions 13/16 76 THESE TERMS AND EVEN IF THE PROVIDER, ITS AFFILIATES OR THEIR RESPECTIVE

DISTRIBUTORS, OTHER AUTHORIZED REPRESENTATIVES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR

JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL HOSTS.

5.5 Exclusive Remedy. The foregoing states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party with respect to any Claim described in this Section.

5.6 Electrical, Cellular And Internet Service Interruptions. None of the Provider, its Affiliates, any of their respective distributors, other authorized representatives, or Host shall have any liability whatsoever to the other with respect to damages, including but not limited to data loss caused by: (i) electrical, wireless, cellular and/or internet outages, interruptions, power surges, brown-outs, utility load management or any other similar electrical service interruptions whatever the cause; (ii) interruptions in wireless or cellular service linking Networked EVSE to the Blink Network; (iii) interruptions attributable to unauthorized Blink Network intrusions; or (iv) interruptions in services provided by any internet service provider.

6. TERM AND TERMINATION

6.1 Term. These Terms shall become effective on the date of Provider’s acceptance of the purchase order and issuance of an invoice and continues until all automatic renewals have been terminated or otherwise have expired.

6.2 Term Of Purchased Subscriptions. Subscriptions purchased by Host commence on the start date specified in the purchase order and shall continue for the applicable Subscription Term specified therein for each Subscription or until the Purchased Blink Services provided pursuant to any Subscription are otherwise terminated, changed or canceled by the Provider or Host pursuant to the terms and conditions set forth herein.

6.3 Automatic Renewal Of Subscriptions. All purchased Subscriptions shall be automatically renewed for a period equal to that of the expiring Subscription, unless either party gives the other notice of nonrenewal at least sixty (60) days prior to the scheduled expiration date for the relevant Subscription Term.

The per-unit pricing for any renewal term shall be equal to the per-unit pricing of the prior term unless the Provider shall have given Host notice to the email address for the Host Account that Host has provided hereunder of any increase in pricing for Subscriptions at least seventy-five (75) days prior to the end of such expiring Subscription, in which case the price increase shall be effective upon renewal and thereafter.

6.4 TERMINATION

6.4.1 BY THE PROVIDER. The Subscription Term and the Purchased Blink Services furnished hereunder may be suspended or terminated: (i) after thirty (30) days written notice to Host that it is in material breach of any of Host’s obligations under these Terms, and Host shall have failed to cure such breach prior to the expiration of said thirty (30) day period, provided however that if Host cures its default within thirty (30) days of such suspension or termination, the suspension or termination of Purchased Blink Services shall be restored and these Terms shall continue in effect, (ii) Host becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors, (iii) upon the determination by any regulatory body that the subject matter of these Terms is subject to any governmental regulatory authorization or review if such authorization or review results in an order of suspension or an order that materially increases the costs to Provider of providing the services; or (iv) upon 60 days written notice to Host.

6.4.2 BY HOST. The Subscription Term may be terminated by Host for cause: (i) upon thirty (30) days written notice given to the Provider alleging a material breach of these Terms and the alleged breach remains uncured at the expiration of such thirty-day period, or (ii) the Provider becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors. These Terms may be terminated by Host upon the voluntary deactivation and removal from registration via the applicable Network Web Portal of all Networked EVSE 6/7/24, 3:30 PM Blink Network Terms and Conditions
https://blinkcharging.com/legal/blink-network-terms-and-conditions 14/16 77 owned by Host from the Blink Network, at which time these Terms shall terminate effective immediately; provided, that Host shall not be entitled to any refund of Subscription Fees as a result of such termination and shall be required to pay any remaining annual fees for any remaining months in the then- current term or renewal term.

6.5 Refund Or Payment Upon Termination. Upon any termination of the Subscription Term for cause by Host pursuant to Section 7.4.2(i) or (ii) or the election of the Provider to terminate the Subscription Term pursuant to Section 7.4.1(iii) or (iv), the Provider shall refund to Host the pro-rata portion of any pre-paid Subscription Fees for the remainder of the applicable Subscription Term for all Subscriptions after the effective date of termination. Upon any termination for cause by the Provider pursuant to Section 7.4(i)(i) or (ii) or upon the voluntary removal from registration and activation of all of Host’s Network EVSEs from the Blink Network, Host shall pay any unpaid Subscription Fees covering the remainder of the Subscription Term. In no event shall any termination relieve Host of any liability for the payment of Subscription Fees or Session Processing Fees for any period prior to the termination date.

7. WAIVER. The failure of either Party at any time to require performance by the other Party of any obligation hereunder will in no way affect the full right to require such performance at any time thereafter.

The waiver by either Party of a breach of any provision hereof will not constitute a waiver of the provision itself. The failure of either Party to exercise any of its rights provided in these Terms will not constitute a waiver of such rights. No waiver will be effective unless in writing and signed by an authorized representative of the Party against whom such waiver is sought to be enforced. Any such waiver will be effective only with respect to the specific instance and for the specific purpose given.

8. FORCE MAJEURE. Except with respect to payment obligations, neither the Provider nor Host will be liable for failure to perform any of its obligations hereunder due to causes beyond such party’s reasonable control and occurring without its fault or negligence (a “Force Majeure Event”). A Force Majeure Event will include, but not be limited to, fire, flood, earthquake or other natural disaster (irrespective of such party’s condition of any preparedness therefore); war, embargo; riot; strike; labor action; any lawful order, decree, or other directive of any government authority that prohibits a party from performing its obligations under these Terms; material shortages; shortage of transport; and failures of suppliers to deliver material or components in accordance with the terms of their contracts.

9. APPLICABLE LAW. These Terms will be construed, and performance will be determined, according to the laws of the State of Florida without reference to such state’s principles of conflicts of law (the “Applicable Law”) and the state and federal courts of Florida shall have exclusive jurisdiction over any claim arising under these Terms.

10. WAIVER OF JURY TRIAL. Each Party hereby waives any right to jury trial in connection with any action or litigation arising out of these Terms.

11. SURVIVAL. Those provisions dealing with the Intellectual Property Rights of Provider, Proprietary Rights, limitations of liability and disclaimers, restrictions of warranty, Applicable Law and those other provisions which by their nature or terms are intended to survive the termination of these Terms will remain in full force and effect as between the Parties hereto as contemplated hereby.

12. SEVERABILITY. Except as otherwise specifically provided herein, if any term or condition of these Terms or the application thereof to either Party will to any extent be determined jointly by the Parties or by any judicial, governmental or similar authority, to be invalid or unenforceable, the remainder of these Terms, or the application of such term or provision to these Terms, the Parties or circumstances other than those as to which it is determined to be invalid or unenforceable, will not be affected thereby. If, however such invalidity or unenforceability will, in the reasonable opinion of either Party cause these Terms to fail of its intended purpose and the Parties cannot by mutual agreement amend these Terms to cure such failure, either Party may terminate these Terms for cause as provided herein above.

13. ACCESS. Host may not access the Blink Services if Host is a direct competitor of Provider without Provider’s prior written consent. In addition, Host may not access the Blink Services for purposes of monitoring the availability, performance or functionality of Blink Services, or any other benchmarking or competitive purpose.
6/7/24, 3:30 PM Blink Network Terms and Conditions
https://blinkcharging.com/legal/blink-network-terms-and-conditions 15/16 78 14. NO AGENCY OR PARTNERSHIP CREATED BY THESE TERMS. Provider, in the performance of these Terms, is an independent contractor. In performing its obligations under these Terms, Provider shall maintain complete control over its employees, its subcontractors and its operations. No partnership, joint venture or agency relationship is intended by Provider and any Host to be created by these Terms. Host expressly agrees and acknowledges that Provider shall have the right to provide the Blink Services to any third party, including without limitation, competitors of Host. All of these Terms are binding on the signatory to the Quote and/or the business entity it represents. The signatory represents that it has authority to bind the entity on behalf of whom it signs.

15. MISCELLANEOUS. Nothing in these Terms is intended to obligate or commit Provider to provide any services other than as set forth herein. The invoice and purchase order relating to these Terms may be executed in two or more counterparts (including scanned and/or electronic copies and/or electronic signatures), all of which together shall be considered a single instrument. These Terms (including any exhibits) constitutes the entire agreement, and supersedes all prior agreements and understandings (both written and oral) of the parties hereto with respect to the subject matter hereof, and cannot be amended or otherwise modified except in writing executed by the parties hereto. These Terms shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. Nothing contained in the Agreement, whether expressed or implied, is intended to give or shall be construed as giving anyone other than the parties and the named Host and their successors or assigns any rights under these Terms. These Terms may be assigned by Provider to a parent, a wholly-owned subsidiary, an affiliate, any entity with which it might merge, or to any successor-in-interest without notice to Host.

CONTACT US
Blink Customer Service: 1-888-998-2546
By Mail: Blink Network, LLC
Customer Support
605 Lincoln Road, 5th Floor
Miami Beach, FL 33139
Copyright © 2009-2024 Blink Charging, Co. All Rights Reserved. No portion of this Website or Service may be reproduced in any form, or by any means, without prior written permission from Blink Charging Co. or its authorized representative.
6/7/24, 3:30 PM Blink Network Terms and Conditions
https://blinkcharging.com/legal/blink-network-terms-and-conditions 16/16 79 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 18, 2024
Agenda Item #:5
Agenda Item:

Senate Bill 1 Road Maintenance and Rehabilitation Account Project List for FY24/25 Executive Summary: For the City to be eligible for the RMRA funds, the City must submit a list of proposed projects to the California Transportation Commission (CTC) no later than July 1, 2024. The project(s) must be approved in the City’s annual budget adoption or amended into the budget prior to submission to the CTC. As such, staff is requesting the attached resolution be adopted for the following roadway rehabilitation projects in the FY 24/25 Capital Improvement Plan. Proposed road segments for the FY 24/25 SB-1 RMRA Funding are as follows: 1. Pioneer Trail Pedestrian Improvement Project Ph II (Pioneer Trail from Larch Ave. to Ski Run Blvd.) 2. Tahoe Valley Stormwater Greenbelt Improvement Project Ph II (Barton Ave from 3rd St. to 4th St.) 3. 2025 Road Rehabilitation Project (5th St., 7th St., 10th St., 11th St., 12th St., 13th St., Anita Dr., Dunlap Dr., Eloise Ave., Hazel Dr., James Ave., Patricia Ln.) 4. Heavenly Village Way (US 50 to Montreal Rd.) 5. Palmira Avenue (Carson Ave to River Drive) The RMRA funding will be utilized to pave one or more of these proposed road segments in the 2025 construction season.

Requested Action / Suggested Motions: Pass a Resolution adopting a List of Projects for the Fiscal Year 2024/2025 Funded by SB 1: The Road Repair and Accountability Act of 2017 and in-part with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues.

Responsible Staff Member: Stephen Anderjack, Associate Civil Engineer Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Joe Irvin, City Manager Attachments:
01-Staff_Report-RMRA_Project_List 2025.docx
02-Resolution - SB1 Road Maintenance and Rehabilitation.docx 03-RMRA Estimate.pdf
80 Council Agenda Report- June 18, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 18, 2024
Senate Bill 1 Road Maintenance and Rehabilitation Account Project List for FY24/25 Location: Citywide
Responsible Staff Member: Stephen Anderjack, Associate Civil Engineer (530) 542-6033 Background: In April 2017, the State passed Senate Bill 1 (SB 1), increasing the State’s Gas Tax. “This act presents a balance of new revenues and reasonable reforms to ensure efficiency, accountability, and performance from each dollar invested to improve California’s transportation system.”
SB 1 creates the Road Maintenance and Rehabilitation Account (RMRA) and the Road Maintenance and Rehabilitation Program (RMRP). Programs funded by this account include the Local Partnership Program (LPP), the Active Transportation Program (ATP), the State Highway Operation and Protection Program (SHOPP), and Local Streets and Roads apportionments.

SB 1 states that “it is the intent of the Legislature that the Department of Transportation and local governments are held accountable for the efficient investment of public funds to maintain the public highways, streets, and roads, and are accountable to the people through performance goals that are tracked and reported.”
Under SB 1 the City is eligible to receive funds for local streets and road rehabilitation and maintenance from the RMRA. The funds are a census-based apportionment and subject to certain eligibility requirements. According to the latest estimate of the State FY 24/25 RMRA apportionment for Cities (Attachment A), the City is eligible to receive approximately $554,898 in FY 24/25.

Issue and Discussion: For the City to be eligible for the RMRA funds, the City must submit a list of proposed projects to the California Transportation Commission (CTC) no later than July 1, 2024. The project(s) must be approved in the City’s annual budget adoption or amended into the budget prior to submission to the CTC. As such, staff is requesting the attached resolution be adopted for the following tentative roadway rehabilitation projects in the FY 24/25 Capital Improvement Plan.

1. Pioneer Trail Pedestrian Improvement Project Ph II (Pioneer Trail from Larch Ave. to Ski Run Blvd.)

2. Tahoe Valley Stormwater Greenbelt Improvement Project Ph II (Barton Ave from 3rd St. to 4th St.)
81 Council Agenda Report- June 18, 2024 Page 2 of 2

3. 2025 Road Rehabilitation Project (5th St., 7th St., 10th St., 11th St., 12th St., 13th St., Anita Dr., Dunlap Dr., Eloise Ave., Hazel Dr., James Ave., Patricia Ln.)

4. Heavenly Village Way (US 50 to Montreal Rd.)

5. Palmira Avenue (Carson Ave to River Drive)
The proposed construction will typically include grinding 3-4” of asphalt and replacing it with new asphalt, based on pavement boring testing and sub-base evaluation. This rehabilitation technique should provide a 20-year life extension to the roadways. The selected projects, based on overall funding capacity, will commence summer of 2025 and will be completed by fall of 2025.

The streets selected for this program are consistent with the City’s 5-year paving plan for 2025.

Each of these streets has low Pavement Condition Index (PCI) ratings. Coordination with the utility providers has also occurred and no utility work is expected in these areas.

The amount of funds received through SB 1 is limited and will be insufficient to cover paving of entire length of these streets. These funds will be added to the overall project budget and will supplement the paving portion of the project. The Department expects that these funds will pave approximately 2,500 lane feet of roadway. The exact street to be paved with these funds will be determined in the future and will be dependent on additional funding allocation for the projects.

Financial Implications: RMRA funds have no match requirement but must be used for road rehabilitation or they will be rescinded back to the State. The City will utilize the $554,898 worth of RMRA funding to pave streets within the multiple proposed project areas.

Environmental Considerations: This project is considered roadway rehabilitation and will not extend the boundaries of the existing roadways. As such, the project is exempt from Tahoe Regional Planning Agency (TRPA) permits and 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 use of these funds to supplement paving on these projects is consistent with the City’s Strategic Plan 2021-2026. It aligns with goal 1.4 Transportation by rehabilitating city-owned streets. The use of these funds is also consistent with goal 5.3, Infrastructure and Maintenance. These funds help maintain City roadway infrastructure and are available on an annual basis with no requirements other than submitting an annual expenditure report. These funds are very sustainable and should continue to be available in future years 82 Resolution 2024-XXX June 18, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
June 18, 2024
Adopting a List of Projects for the Fiscal Year 2024/2025 Funded by SB 1: The Road Repair and Accountability Act of 2017

BACKGROUND
A. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide.

B. SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year.

C. The City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

D. The City will receive an estimated $554,898 in RMRA funding in the Fiscal Year 2024-25 from SB 1.

E. This is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1.

F. The City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list.

G. The City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment.

H. The funding from SB 1 will help the City maintain and rehabilitate two roads throughout the City this year and one to two similar projects into the future.

I. The 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “at-risk” condition.
83 Resolution 2024-XXX June 18, 2024 Page 2 of 2
J. The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide.

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

1. Declares the foregoing recitals are true and correct.

2. Adopts the following list of newly proposed projects will be funded in-part with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:

Title Description Location Co
m
po
n
e
nt
Priority
Statu
s
Est. Schedule UsefulLife
Asse
m
bly
Se
n
ate
Start Finish Min Max
Pioneer Trail Pedestrian
Improvement Ph II
Project will include
rehabilitation of
existing pavement
Pioneer Trail
(Larch Ave. to Ski
Run Blvd.)
Con New
24/25
7/25 10/25 20 20 5 1
Tahoe Valley Stormwater
Greenbelt Improvement
Project Ph II
Project will include
rehabilitation of
existing pavement
Barton Ave
(3rd St. to 4th St.)
Con New
24/25
7/25 10/25 20 20 5 1
2025 Road Rehab Project Project will include
rehabilitation of
existing pavement
5th St., 7th St.,
10th St., 11th St.,
12th St., 13th St.,
Anita Dr., Dunlap
Dr., Eloise Ave.,
Hazel Dr., James
Ave., Patricia Ln.

Con New
24/25
7/25 10/25 20 20 5 1
Heavenly Village Way Project will include
rehabilitation of
existing pavement
US 50 to
Montreal Rd.

Con New
24/25
7/25 10/25 20 20 5 1
Palmira Avenue Project will include
rehabilitation of
existing pavement
Carson Ave. to
River Dr.

Con New
24/25
7/25 10/25 20 20 5 1
Adopted by the City of South Lake Tahoe City Council on June 18, 2024 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
84












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85 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 18, 2024
Agenda Item #:6
Agenda Item: Amendment to American Rescue Plan Act of 2021 (ARPA) Funding Budget Appropriations
Executive Summary: On January 6th, 2022 the U.S. Department of the Treasury issued the Final Rule for the State and Local Fiscal Recovery Funds (SLFRF) program. The final rule provides state and local governments with increased flexibility to pursue a wider range of uses, as well as greater simplicity so the government can focus on responding to the crisis in the communities and maximizing the impact of their funds. In addition to several expansions to the statutory categories of uses, it provided the option to elect a standard allowance for revenue loss rather than calculating revenue loss through the formula.

Under this option, Treasury presumes that up to $10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (not to exceed the award amount) to fund “government services.†On February 1, 2022, the City Council through Resolution 2022-019, electing the provision of a “standard allowance†for the allocated to the City $5,309,994 to spend on government services through the period of performance. Due to the timing requirements for ARPA funding obligation and spending, staff is proposing to transfer $482,655 in unspent and/or unobligated ARPA funding to the Bijou Park Creek Restoration Capital Improvement Program (CIP) project account 301-40051 to ensure compliance with ARPA rules. The proposed reallocations is within the allowed provision of revenue loss.

Requested Action / Suggested Motions: Pass a Resolution authorizing Fiscal Year 2023-2024 budget amendments for reallocating American Rescue Plan Act (ARPA) funding, consistent with the requirements of statutory category C, Revenue Loss for the provision of government services, and approving additional budget transfers for active Capital Improvement Projects.

Responsible Staff Member: Olga Tikhomirova, Director of Finance Reviewed and Approved By: Susan Blankenship, City Clerk Heather Stroud, City Attorney Attachments:
01-Staff Report ARPA funding budget amendments.docx
02-Resolution - ARPA funding Budget amendments.docx
86 Council Agenda Report- June 18, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: June 18, 2024
Title: Amendment to American Rescue Plan Act of 2021 (ARPA) Funding Budget Appropriations
Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance (530) 542-7431 Background: The American Rescue Plan Act (ARPA) of 2021 was signed into law by President Biden on March 11, 2021. The City of South Lake Tahoe was provided a total of $5,309,994 in funding. The City elected the provision of a “standard allowance” with the option to spend this funding on government services through the period of performance. All ARPA funds must be allocated (fully obligated, with contracts awarded) by the end of 2024 and projects closed out and funds fully expended by the end of 2026.

Issue and Discussion: Through the most recent June 4, 2024, council meeting, the City Council appropriated a total of $5,209,994 for thirteen different projects. A total of $482,655 from several of these projects remains unspent and unobligated due to project completions or delays and is proposed to be reallocated to the Bijou Park Creek Restoration project. All projects are listed below with their statuses and the proposed reallocation of funding.

1. Long Term Rental Incentive Pilot Program – appropriated $500,000 on October 19, 2021. $109,207 remains unspent. The project is active, no changes are proposed.

2. Services Center Maintenance/Repair – appropriated $80,000 on December 4, 2021. $49,663 remains unspent. The project is active, no changes are proposed.

3. Renovations and Improvement of Skate Park - appropriated $250,000 on January 4, 2022. $176,125 remains unspent. The project is active, no changes are proposed.

4. Bike Trail Network Improvements - appropriated $50,000 on January 4, 2022. $35,597 remains unspent. The project is active, no changes are proposed.

5. Planning and studies for the Greenway Phase 1 Bike Trail Project - appropriated $200,000 on January 4, 2022 and $56,038 on June 7, 2022. $173,544 remains unspent. The project is active, no changes are proposed.

6. Broadband Study and Deployment - appropriated $400,000 on February 1, 2022 (of which $204,657 in project savings was reallocated to Bijou Park Connector in the FY 2023-2024 adopted budget). A total of $296,975 in budget savings from this project, including already reallocated amount remains unspent. Proposing to reallocate the total unspent amount of $296,975 to the Bijou Park Creek Restoration project. The Bijou Park Connector project will not have a contract awarded by the end of 2024.
87 Council Agenda Report- June 18, 2024 Page 2 of 3

7. Solar Trash Compacting - appropriated $50,000 on March 15, 2022. $541 remains unspent.

The project is closed. Proposing to reallocate the remaining amount to the Bijou Park Creek Restoration project.

8. Bijou Park Recreation Improvements to the BMX Track - appropriated $35,000 on March 15, 2022. $35,000 remains unspent. The project is still in the planning phase and the contract is not anticipated to be awarded by the end of 2024. This project will likely require additional funding. Staff is requesting to reallocate ARPA funding from this project to the Bijou Park Creek Restoration project and replace it with $35,000 from General Fund Undesignated Excess Reserves to ensure the project is progressing as planned.

9. Small Business Sustainability Loan Forgiveness - appropriated $377,500 on March 15, 2022. $139 remains unspent. Proposing to reallocate the remaining amount to the Bijou Park Creek Restoration project.

10.REACH code development - appropriated $50,000 on April 5, 2022. Funds are fully expended, not changes are requested.

11.STPUD Fire Hydrants - appropriated $300,000 on May 17, 2022. Funds are fully expended, not changes are requested.

12.Ski Run Park Infrastructure - appropriated $150,000 on June 7, 2022. This project’s expense for park’s ADA improvements were charged to a different CIP project account due to compliance requirements. The full amount of funding remains unspent. Proposing to reallocate the full amount to the Bijou Park Creek Restoration project.

13.Recreation Center Construction project - appropriated $2,711,457 on September 26, 2023.

Funds are fully spent, not changes are requested.

Additionally, $100,000 for the previously approved Art Program project remains unallocated in the General Fund’s fund balance. The project is currently in the bidding phase and the contract awards are anticipated by the end of 2024.

A total of $482,655 will be reallocated to the Bijou Park Creek Restoration project. This project is currently undergoing the design phase with the construction award for a portion of the overall project (Rockwood to Blackwood Drainage Improvements) anticipated in August 2024. Of the additional $300,000 funding allocated to this project from the Cannabis revenue fund during mid-year budget review process, $204,657 is proposed to be moved to the Bijou Park Connector project that is losing the same amount of ARPA funding to the Bijou Park Creek Restoration project in this reallocation process. Since the Connector project is not anticipated to have a contract awarded by the end of 2024 when ARPA funding needs to be obligated, the requested funding swap will help to comply with ARPA’s federal spending requirements.

Financial Implications: The attached resolution will reallocate unspent or unobligated total amount of $482,655 from several previously approved projects to account 301-40051 Bijou Park Creek Restoration project that is nearing the award phase. Of the $300,000 amount allocated to the Restoration project during the mid-year budget review from the Cannabis revenue fund, $204,657 will be transferred to the Bijou Park Connector project that is losing time-sensitive ARPA funding.

Additionally, staff is requesting to replace ARPA funding transferred from the Bijou Park Recreation Improvement to the BMX Track project with the $35,000 funding from the General Fund Undesignated Excess Reserves.
88 Council Agenda Report- June 18, 2024 Page 3 of 3
Environmental Considerations: Budget amendments to fund the Bijou Park Creek Restoration project that is still in design is not approval of a project requiring review under California Environmental Quality Act (“CEQA”) section 15352.

Policy Implications: Consistent with City’s Financial Policies and City Council priorities. 89 Resolution 2024-XXX June 18, 2024 Page 1 of 4
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
June 18, 2024
Authorizing Fiscal Year 2023-2024 budget amendments for reallocating American Rescue Plan Act (ARPA) funding, consistent with the requirements of statutory category C, Revenue Loss for the provision of government services, and approving additional budget transfers for active Capital Improvement Projects
A. The City of South Lake Tahoe was allocated a total of $5,309,994 in funding from the American Rescue Plan (ARPA).

B. On February 1, 2022, the City Council adopted Resolution 2022-019 electing the provision of a “standard allowance” of up to $10 million provided in the U.S. Department of the Treasury Final Rule to spend on government services through the period of performance, for the allocated ARPA funding.

C. Through June 4, 2024 council meeting, the City Council appropriated a total of $5,209,994 for the following projects:

1. Long Term Rental Incentive Pilot Program - $500,000 on October 19, 2021

2. Services Center Maintenance/Repair - $80,000 on December 4, 2021

3. Renovations and Improvement of skate park - $250,000 on January 4, 2022

4. Bike Trail Network Improvements - $50,000 on January 4, 2022

5. Planning and studies for the Greenway Phase 1 Bike Trail Project - $200,000 on January 4, 2022 and $56,038 on June 7, 2022

6. Broadband Study and Deployment - $400,000 on February 1, 2022 (of which $204,657 in project savings was reallocated to Bijou Park Connector in the FY 2023- 2024 adopted budget)

7. Solar Trash Compacting - $50,000 on March 15, 2022

8. Bijou Park Recreation Improvements to the BMX Track - $35,000 on March 15, 2022

9. Small Business Sustainability Loan forgiveness - $377,500 on March 15, 2022

10.REACH code development - $50,000 on April 5, 2022

11.STPUD Fire Hydrants - $300,000 on May 17, 2022

12.Ski Run Park Infrastructure - $150,000 on June 7, 2022

13.Recreation Center Construction project - $2,711,457 on September 26, 2023 A balance of $100,000 earmarked for the Art Program project remains unallocated.

D. All ARPA funds must be allocated (obligated with contracts awarded) by the end of 2024 and projects closed out and funds fully expended by the end of 2026.

E. ARPA Funding in several projects listed above remains unspent and/or unobligated due to project delays or completion. Staff proposes to reallocate the total amount of $482,655 from several of these projects currently budgeted in Fiscal Year 2023-2024 or located in the General Fund fund balance in the following way:

1. Long Term Rental Incentive Pilot Program - $500,000
90 Resolution 2024-XXX June 18, 2024 Page 2 of 4
i. Account 320-30003
ii. $109,207 unspent
iii. No changes

2. Services Center Maintenance/Repair – $80,000
i. Account 301-60017
ii. $49,663 unspent
iii. No changes

3. Renovations and Improvement of skate park - $250,000 i. Account 301-60075
ii. $176,125 unspent
iii. No Changes

4. Bike Trail Network Improvements - $50,000
i. Account 301-50051
ii. $35,597 unspent
iii. No Changes

5. Planning and studies for the Greenway Phase 1 Bike Trail Project - $200,000 i. Account 301-50041
ii. $173,544 unspent
iii. No Changes

6. Broadband Study and Deployment - $400,000
i. Account 301-60076
ii. $296,975 unspent
iii. Change reallocation of $204,657 in project savings from Bijou Park Connector, account 301-50037 approved in the FY 2023-2024 adopted budget, and reallocate the remaining Broadband project savings of $92,318, for a total of $296,975 to Bijou Park Creek Restoration project, account 301-40051.

7. Solar Trash Compacting - $50,000
i. In General Fund fund balance
ii. $541 unspent
iii. Reallocate to Bijou Park Creek Restoration project, account 301-40051

8. Bijou Park Recreation Improvements to the BMX Track - $35,000 i. Account 301-60066
ii. $35,000 unspent
iii. Reallocate to Bijou Park Creek Restoration project, account 301-40051 iv. Replace ARPA funding with funds from General Fund Undesignated Excess Reserves.

9. Small Business Sustainability Loan forgiveness – $377,500 i. In General Fund fund balance
ii. $139 unspent
iii. Reallocate to Bijou Park Creek Restoration project, account 301-40051

10.REACH code development - $50,000
i. Account 100-03110
ii. Fully spent, no changes

11.STPUD Fire Hydrants - $300,000
i. Account 301-60077
ii. Fully spent, no changes

12.Ski Run Park Infrastructure - $150,000
i. Account 301-60078
ii. Reallocate to Bijou Park Creek Restoration project, account 301-40051

13.Recreation Center Construction project - $2,711,457
i. Account 301-60018
91 Resolution 2024-XXX June 18, 2024 Page 3 of 4
ii. Fully spent, no changes

14.Art Program - $100,000
i. In General Fund fund balance
ii. $100,000 unobligated and unspent, no changes
F. Due to accumulation of additional ARPA funding in the Bijou Park Creek Restoration project, staff is requesting to reallocate $204,657 of the $300,000 budgeted transfer allocated to this project during FY 2023-2024 mid-year budget review process, to the Bijou Park Connector project, account 301-50037 that is losing the same amount in ARPA funding.

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

1. Authorizes a transfer of the unobligated and/or unspent ARPA funding as shown in the table below:

Fund/Account Description
Revenue
(Increase)
Decrease
Expense
Increase
(Decrease)
301-60076-36375 Reallocate ARPA revenue from
Broadband Study Project $296,975
301-60076-42020 Reallocate ARPA expense from
Broadband Study Project ($92,318)
301-60076-50014 Reallocate ARPA expense from
Broadband Study Project

($204,657)
301-50037-36304 Reallocate ARPA revenue from
Bijou Park Creek Connector $204,657
301-50037-42020 Reallocate ARPA expense from
Bijou Park Creek Connector ($204,657)
100-01956-50014
Allocate ARPA revenue from
General Fund Solar Trash
Compacting and Small Business
Sustainability Loan Forgiveness
projects budget savings
$680
301-60066-36375
Reallocate ARPA revenue from
Bijou Park Recreation
Improvements to the BMX Track
project
$35,000
301-60066-48030
Reallocate ARPA expense from
Bijou Park Recreation
Improvements to the BMX Track
project
($35,000)
100-01956-50014
Replace APRA funding revenue
in 301-60066 projects account
with General Fund Undesignated
Excess Reserves
$35,000
301-60066-36300
Replace ARPA funding revenue
with General Fund Undesignated
Excess Reserves funding
($35,000)
92 Resolution 2024-XXX June 18, 2024 Page 4 of 4
301-60066-48030 Replace ARPA funded expense
with General Fund funds $35,000
301-60078-36300
Reallocate ARPA revenue from
Ski Run Park Infrastructure
project
$150,000
301-60078-48030
Reallocate ARPA expense from
Ski Run Park Infrastructure
project
($150,000)
301-40051-36375
Reallocate ARPA revenue to
Bijou Park Creek Restoration
project
($482,655)
301-40051-48030
Reallocate ARPA expense to
Bijou Park Creek Restoration
project
$482,655
301-40051-36373
Reallocate Transfer in from
Cannabis from Bijou Park Creek
Restoration project
$204,657
301-40051-48030 Reallocate expense from Bijou
Park Creek Restoration project ($204,657)
301-50037-36373
Reallocate Transfer in from
Cannabis to Bijou Park
Connector project
($204,657)
301-50037-48010 Reallocate expense to Bijou Park
Connector project $204,657
Adopted by the City of South Lake Tahoe City Council on June 18, 2024 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
93 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 18, 2024
Agenda Item #:7
Agenda Item: Ski Run Park Donation Acceptance
Executive Summary: In June 2021, the City and Friends of Ski Run entered into a Memorandum of Understanding to establish a general framework to collaborate on the construction, maintenance, funding, and operations of Ski Run Park. The Friends of Ski Run purchased the parcel at 1195 Ski Run Blvd in 2021, with the intent to construct a community park and donate it to the City. Since that time, Friends of Ski Run have raised funds, developed construction plans, obtained permits and constructed the park. Construction of the park is nearly complete and the City Council will consider acceptance of the land and park improvements
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the City Manager to accept Grant Deed and accept donation, valued at $175,000, of Ski Run Community Park for dedicated use as a public park from SkiRunPark LLC, upon completion of park improvements and passing inspections.

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 - Ski Run Park Donation Acceptance.docx 02-C-069-2021 Friends of Ski Run MOU
03-Appraisal
04-Resolution Authorizing Acceptance of Ski Run Park.docx 05-Grant Deed (Exh. A to Reso).doc
94 Council Agenda Report- June 18, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 18, 2024
Title: Ski Run Park Donation Acceptance
Location: 1195 Ski Run Blvd
Responsible Staff Member: Hilary Roverud, Assistant City Manager Background: In June 2021, the City and Friends of Ski Run entered into a Memorandum of Understanding to establish a general framework for a collaborative working relationship and define the respective roles and responsibilities of the Parties for the construction, maintenance, funding, and operations of Ski Run Park.

The Friends of Ski Run created an entity called SkiRunPark, LLC and purchased the parcel at 1195 Ski Run Blvd in 2021, with the intent to construct a community park and donate it to the City. Since that time, Friends of Ski Run have raised funds, developed construction plans, obtained permits and constructed the park.

Issue and Discussion: Construction of Ski Run Community Park is nearly complete and it will be open to the public once final items are addressed and the ownership is transferred to the City. Inspections have been conducted by the City Building Division and Parks Division staff to ensure compliance with construction and safety regulations.

The attached resolution would authorize the City Manager to accept the donation of the land and park improvements to the City once final construction items have been addressed and the improvements signed off by the Building Official and Director of Parks and Recreation.

A narrative appraisal of the park land and improvements has been conducted by Benjamin Johnson, MAI and is attached. Appraised value is $175,000.

Financial Implications: With donation of the Ski Run Community Park, the City will acquire an asset with appraised value of $175,000. The City will be responsible for ongoing maintenance of the park, which is estimated to have an annual cost of $10,000 in staff and operational expenses.

Environmental Considerations: Adoption of a resolution to authorize the City Manager to accept a grant deed is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies). 95 Council Agenda Report- June 18, 2024 Page 2 of 2
Policy Implications: This action is consistent with Strategic Plan priority 2.1 which directs the City to “enhance the quality and quantity of Parks & Recreation opportunities for residents and visitors while prioritizing the construction of parks, recreation facilities and trails to support and maximize the highest community benefit that provides access for all.”
96 1

MEMORANDUM OF UNDERSTANDING

REGARDING SKI RUN PARK
This Memorandum of Understanding (“MOU”) is entered into this 15th day of June, 2021 (“Effective Date”) by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Friends of Ski Run, a California non-profit public benefit corporation (“Friends”). The parties to this MOU are sometimes referred to as each, a “Party” and collectively, the “Parties.” WHEREAS, SkiRunPark LLC recently acquired a certain unimproved real property with Assessor Parcel Number 027-161-30-100, commonly known as 1195 Ski Run Blvd., South Lake Tahoe CA 96150 (“Property”) for $45,000.

WHEREAS, Friends is a nonprofit public benefit corporation that is tax exempt under Internal Revenue Code Section 501(c)(3) and organized to beautify, market, and facilitate activities and economic development in the Ski Run Blvd. area of South Lake Tahoe.

WHEREAS, SkiRunPark LLC is a California limited liability company associated with Friends and established in May 2021 to acquire the Property.

WHEREAS, SkiRunPark LLC desires to donate the Property to the City, and the City desires to accept the donation pursuant to California Government Code section 37350, for use as a community park (“Ski Run Park”).

WHEREAS, the City and Friends desire to cooperate and collaborate in order to improve and develop the Property as Ski Run Park.

NOW, THEREFORE, in order to advance their mutual objectives and commence a collaborative process with respect to the development of Ski Run Park, the City and Friends agree as follows:

1. Purpose of MOU. The purpose of this MOU is to establish a general framework for a collaborative working relationship and define the respective roles and responsibilities of the Parties for the construction, maintenance, funding, and operations of Ski Run Park.

2. General Relationship of the Parties. The City and Friends shall work collaboratively to identify and implement improvements related to the construction, maintenance, and preservation of Ski Run Park, and/or programs and activities occurring thereon (“Projects”).

The City and Friends shall also cooperate on public outreach and/or community assessments related to potential Projects and the ongoing operations of Ski Run Park.

3. Responsibilities of Friends.

3.1. Advisory Role. Friends shall serve as a community advisor to the City with respect to any proposed Projects and the construction and operations of Ski Run Park.

3.2. Fundraising. Friends is authorized, but is not obligated to, solicit and raise funds on an initial and ongoing basis to support the design, construction, maintenance, and operation of Ski Run Park. Notwithstanding any provision of this MOU to the contrary, any and all funds received by Friends (through donations, grants, or otherwise) shall remain the property of and shall be solely under the control of Friends, and Friends shall retain sole authority over its own operations and decision making, including, without limitation, the extent of its participation in any Project or fundraising activities.

C-069-2021
DocuSign Envelope ID: B1470E72-1151-48FF-B18D-8B43AC29B5D9 97 2

3.3. Volunteers. In cooperation with the City, Friends may provide volunteers to carry out the development and maintenance of Ski Run Park as set forth in this MOU. Such persons shall be managed and supervised by Friends, shall be qualified to perform the duties to which they are assigned, shall not be compensated for such services, and shall be required to follow the City’s volunteer policies and sign a volunteer waiver of liability on a form to be provided by the City. Friends may not hire or pay for contract services for maintenance or improvements at Ski Run Park without the prior consent of the City.

4. Responsibilities of City.

4.1. Ownership and Maintenance. The City shall be responsible for the ownership, operation, and maintenance of Ski Run Park, including, without limitation, the payment of all taxes, utilities and costs incident thereto. Although the City intends to collaborate with Friends in good faith regarding any proposed Projects, the City shall retain the authority to approve Projects and maintain and operate Ski Run Park in its sole and absolute discretion.

4.2. Access. The City shall grant Friends, and its directors, officers, employees, contractors, subcontractors and consultants, a nonexclusive license to enter upon and use Ski Run Park in connection with the relationship contemplated by this MOU.

4.3. Coordination and Communication. The City shall provide a staff person who shall serve as the primary contact for coordination and direction of City obligations under this MOU. Said staff person shall be the City's Parks and Recreation Director unless a different contact person is designated by the City.

5. Limitations Of Liability.

5.1. Consequential Damages. Notwithstanding any provision in this MOU to the contrary, the each Party agrees not to assert against the other Party any claim, demand or suit for consequential, incidental, indirect or special damages arising from any aspect of the performance or nonperformance of the activities contemplated under this MOU, and the each Party waives any such claim, demand or suit against the other Party.

5.2. Exclusivity. The provisions of this section constitute each Party’s exclusive liability and each Party’s sole remedy with respect to the activities contemplated by this MOU, and each Party hereby expressly and knowingly releases the other Party from any further liability.

6. Notices. Any notice required to be given under this MOU 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: Parks and Recreation Director
City of South Lake Tahoe
1180 Rufus Allen Blvd.

South Lake Tahoe, CA 96150
Provide a copy to: City Attorney
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
C-069-2021
DocuSign Envelope ID: B1470E72-1151-48FF-B18D-8B43AC29B5D9 98 3
If to Friends: Friends of Ski Run
Rachel Carlson
1202 Ski Run Blvd.

South Lake Tahoe, CA 96150

7. Assignment. This MOU is personal to Friends. As such, Friends has no right to assign any part of this MOU, or any part of its obligations under this MOU in whole or in part.

Friends may not grant concessions in or upon Ski Run Park without the prior written approval of the City.

8. Non-Liability for Breach. This MOU is a preliminary expression of mutual cooperation and intent. It is not intended to be a binding contract and is not enforceable against either Party, nor against any elective or appointive board, commission, member, officer, employee, director, volunteer or other agent of either Party.

9. Term. The term of this MOU will commence as of the Effective Date and shall continue for five (5) years (“Term”) unless earlier terminated as provided herein or extended by the mutual agreement of City and Friends. Notwithstanding the foregoing, this MOU shall terminate upon any of the following: (1) execution by the parties of a subsequent agreement related to Ski Run Park; or (2) at least thirty (30) days written notice by either Party to the other of such Party’s intent to terminate the MOU.

10. No Agency Relationship. The relationship between the City and Friends and their respective agents, volunteers, directors, or employees as provided herein shall be that of an independent contractor. No agency, joint powers agreement, or other relationship is created or intended to be created by this MOU.

11. Good Faith. Friends and the City shall use their good faith best efforts to do, or cause to be done, all things reasonably necessary or advisable to carry out the terms and conditions of this MOU.

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

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

14. Amendments. This MOU may be modified or amended only by a written document executed by both Friends and the City and approved as to form by the City Attorney.

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

16. Counterparts. This MOU may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original for all purposes, but all of which together shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS]
C-069-2021
DocuSign Envelope ID: B1470E72-1151-48FF-B18D-8B43AC29B5D9 99 4
IN WITNESS WHEREOF, the Parties have caused this Memorandum of Understanding to be executed as of the Effective Date.

Friends of Ski Run:
_______________________
By: Chris McNamara
City of South Lake Tahoe Attest:
_______________________ _______________________
City of South Lake Tahoe By: Susan Blankenship, City Clerk By: Tamara Wallace, Mayor
APPROVED AS TO FORM:
_______________________
By: Heather Stroud, City Attorney
C-069-2021
DocuSign Envelope ID: B1470E72-1151-48FF-B18D-8B43AC29B5D9 6/25/2021
6/25/2021
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A NARRATIVE APPRAISAL
OF THE

SKI RUN COMMUNITY PARK

LOCATED AT
1195 SKI RUN BOULEVARD

SOUTH LAKE TAHOE,

EL DORADO COUNTY, CALIFORNIA

OWNED BY AND PREPARED FOR

SKIRUNPARK, LLC
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A Narrative Appraisal
Of A
Ski Run Community Park
Located At
1195 Ski Run Boulevard
South Lake Tahoe,
El Dorado County, California
Owned By and Prepared For
SkiRunPark, LLC
For the Purpose of
Estimating Hypothetical
As Complete Market Value
As of
June 3, 2024
Prepared By
Benjamin Q. Johnson, MAI
124 McFaul Way, Suite 201
Zephyr Cove, NV 89448
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Post Office Box 11430 124 McFaul Way, Ste. 201 Lake Tahoe, Nevada 89448 (775) 588-4787 www.johnsonvaluationgroup.com
California / Nevada
24-023
June 6, 2024
Devin Middlebrook
Skirunpark, LLC
Re: A Narrative Appraisal of the Hypothetical As Complete Ski Run Community Park located at 1195 Ski Run Boulevard, South Lake Tahoe, El Dorado County, California Dear Mr. Middlebrook:

This is in response to your request for an appraisal of the real property located 1195 Ski Run Boulevard in South Lake Tahoe, El Dorado County, California that is presently in the process of being improved with the Ski run Community Park. The property may be further identified as El Dorado County Assessor’s Parcel Number 027-161-030-000. El Dorado County Records indicate the subject owner as SkiRunPark, LLC The subject property was previously improved with a motel. Safeway purchased the property in 1999 and subsequently demolished the improvements, banked the existing TRPA development resources (Land Coverage and TAU’s that were converted to CFA) and then transferred the vast majority of the development rights off the site. As part of the approval to transfer the development rights from the site, the property was deed restricted to prohibit the transfer back of land coverage, CFA or TAUs to the subject site. Subsequently, the subject property was purchased by the current owners in 2021 for the proposed development of a community park. In 2022, the City of South Lake Tahoe and TRPA approved the proposed use. The permit specifically authorizes the construction of a day-use area (Ski Run Community Park). The parcel is located in the Tourist Core Area Plan Town Center MixedUse District and is zoned as Tourist. Day-use areas are allowed in the district.

Subsequent to the approval for development of the Ski Run Community Park, TRPA authorized modification of the prior deed restrictions to allow for land coverage to be returned to the portion of the property mapped as Land Capability District 5 District for use in development and operation of the Ski Run Community Park.

The property is presently under development with a community park and the Client has requested that this appraisal be predicted upon the hypothetical condition that the park is 100% complete per approvals, plans and specifications as of the relevant date of valuation. 103
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The current owner plans to donate the property to the City of South Lake Tahoe at completion of construction. This appraisal is being prepared for the purpose of estimating the Hypothetical as Complete Market Value of the subject property as of a current date of valuation. The intended use of this appraisal is to assist the Client and The City of South Lake Tahoe with estimating the as complete value in connection with a proposed donation of the subject property, once 100% complete. Any other use of this appraisal report requires the prior written authorization of this appraisal firm. This firm is not responsible for unauthorized use of the appraisal report.

This appraisal is prepared in a narrative report format. A narrative appraisal report is intended to comply with the reporting requirements set forth under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice for a narrative appraisal report. As such, it presents only summary discussions of the data, reasoning and analyses that are used in the appraisal process to develop the appraiser’s opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in this appraiser’s file. The depth of the discussion contained in the report is specific to the needs of the client and for the intended use as stated herein.

I attest to have the knowledge and experience necessary to complete this appraisal assignment. No one other than the undersigned prepared the analyses, conclusions and opinions concerning real estate that are set forth in the accompanying appraisal report.

After careful consideration of all data available, and upon thorough personal investigation of the subject property and the comparable properties analyzed, it is my opinion that the Hypothetical As Complete Market Value of the subject property, as of June 3, 2024 is as follows:

FINAL HYPOTHETICAL AS COMPLETE
MARKET VALUE CONCLUSION $175,000
(100% complete per plans, specifications and approvals) Respectfully Submitted,
______________________________
Benjamin Q. Johnson, MAI
California Certified General Appraiser
License Number AG043925 Type text here
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TABLE OF CONTENTS
Cover
Title Page
Letter of Transmittal
Table of Contents
Summary of Salient Facts and Important Conclusions 1
Purpose of Appraisal 2
Regional Map 5
Area Map 7
Neighborhood Map 8
Subject Map 8
Area Description 9
Subject Photographs 38
Assessor’s Parcel Maps 44
Aerial View 46
Subject Property Identification and Description 47
Highest and Best Use Analysis 64
Introduction to Valuation Analysis 68
Comparable Land Sales Chart 69
Comparable Land Sales Map 70
Comparable Land Sales Profile Sheets 71
Comparable Land Sales Discussion and Comparison 75
Exposure Time Analysis 78
Appraisers’ Certification 79
Standard Assumptions and Limiting Conditions 81
Appraisers’ Qualifications 87
Addedna – Proposed Plans
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SUMMARY OF SALIENT FACTS AND IMPORTANT CONCLUSIONS
Assessor’s Parcel Number 027-161-030-000
Property Address 1195 Ski Run Boulevard, South Lake Tahoe, El Dorado County, California
Owner of Record SkiRunPark, LLC
Total Land Area 0.574± acres (25,003± square feet)
Existing Land Coverage 1,447± square feet (existing at completion of construction)
Existing CFA 256± square feet (banked)
Improvements Streetscape along Ski Run Boulevard and
Community Park that is Partially Completed
Zoning Tourist Core Area Plan
TSC-MUC (Tourist Center Mixed-Use Corridor)

Highest and Best Use Open Space/Day Use/Combined with adjacent parcel for density
Flood Zone Flood Zone X
Interest Appraised 100% Fee Simple
Date of Valuation June 3, 2024
Date of Completion of Report June 6, 2024

FINAL HYPOTHETICAL AS COMPLETE
MARKET VALUE CONCLUSION $175,000
(100% complete per plans, specifications and approvals) 106
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PURPOSE OF APPRAISAL
This appraisal was prepared for the purpose of estimating the Hypothetical As Complete Market Value of the 100% fee simple interest in the subject property as of a current date of valuation.

INTENDED USERS OF APPRAISAL
The client of this appraisal is the property owner, Skirunpark, LLC.

INTENDED USERS OF APPRAISAL
The intended users of this report are Skirunpark, LLC and the City of South Lake Tahoe.

INTENDED USE OF APPRAISAL
The intended use of this appraisal is to assist the Client and The City of South Lake Tahoe with estimating the as complete value of the subject property in connection with a proposed donation of the subject property, once 100% complete, to the City of South Lake Tahoe. Any other use of this appraisal report requires the prior written authorization of this appraisal firm. This firm is not responsible for unauthorized use of the appraisal report. 107
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SCOPE OF APPRAISAL
This is a narrative appraisal which has been prepared in conformance with the requirements of the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Standards Board of the Appraisal Foundation.

Preparation of the following report included:
 Identification and analysis of area and neighborhood data;  Review of TRPA file data related to the subject property;  Review of proposed plans for the subject property;
 Inspection and analysis of the subject property;
 Completion of a Highest and Best Use Analysis;
 Research, analysis and inspection of comparable sales;  Verification of sales data;
 Completion of a Sales Comparison Approach Analysis;
 Final Market Value Conclusion;
 Preparation of a narrative appraisal report.
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MARKET VALUE DEFINED
Market Value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
1) Buyer and seller are typically motivated;
2) Both parties are well informed or well advised, and acting in what they consider their own best interests;
3) A reasonable time is allowed for exposure in the open market; 4) Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.1

DATE OF VALUATION
The date of valuation of this report is June 3, 2024, the date of my most recent physical inspection of the subject property.

PROPERTY RIGHTS APPRAISED
This appraisal report addresses the 100% fee simple interest of the subject property.

DATE OF INSPECTION
The subject property and the neighborhood in which it is situated was inspected by Benjamin Q. Johnson on various dates in May and June of 2024. The most recent inspection occurred on June 3, 2024.
1 Rules and Regulations, Federal Register, Vol. 55, No. 165, Page 34696, 12CFR Part 34.42(f) 109
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DATE OF COMPLETION OF REPORT
This report was completed on June 6, 2024.

HYPOTHETICAL CONDITION
This appraisal has been prepared predicated up a Hypothetical Condition. The use of the hypothetical condition has a material effect on the conclusions reached herein.

Definition:

Hypothetical Condition: “A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of the analysis.”2 The Hypothetical Condition utilized for this assignment is as follows:

The subject is presently being developed with a community park including play equipment, turf, gathering space, mural wall, climbing boulder, hill slide, swings, benches, and a community table. The project also includes enhancing a historically non-functioning stream environment zone that is located on the parcel.
2 Source: USPAP 2024-2025 Edition, Definitions; The Appraisal Foundation, Page 4. 110
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The site plan for the project under development is presented as follows:

The improvements are presently under construction and expected to be completed in the summer of 2024. The full set of plans are included in the addenda to this appraisal and incorporated by reference herein. This appraisal is predicated upon the assumption the improvements presently being constructed are 100% complete as of the relevant date of valuation in accordance with the plans, specifications and approvals. The Client has requested the use of this Hypothetical Condition as it will reflect the condition of the property at the time it is expected to be donated to the City of South Lake Tahoe upon completion. 111
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REGIONAL MAP

Lake Tahoe
North
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AREA MAP
Lake Tahoe Basin
I-80 U.S. 395
Truckee

Mt. Rose
Highway
Tahoe City
S.R. 89

Kingsbury
Emerald Bay Grade

Desolation South
Wilderness Shore
Casinos
Fallen Leaf
Lake

So. Tahoe “Y” City of Heavenly California-Nevada
So. Lake Tahoe Ski Resort State Line
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AREA DESCRIPTION
The Lake Tahoe Basin is situated in the Sierra Nevada on the Nevada-California border, approximately 200 miles northeast of San Francisco and approximately 40 miles southwest of Reno. An estimated two-thirds of Lake Tahoe lies within California and approximately one-third lies within Nevada. The maximum elevation of the lake level is legally regulated at 6,229.10 feet. Many of the surrounding mountain peaks exceed 10,000 feet. Lake Tahoe is 21½ miles long and 12 miles wide. It has a 71± mile shoreline and a maximum depth of 1,645 feet. The surface covers 190 square miles, and the lake contains more than 122 million acre-feet of water. Lake Tahoe is the tenth deepest lake in the world and the second clearest in the United States. The unique recreational amenity provided by the lake itself and the dramatic prospect offered by the surrounding mountains attract millions of tourists each year.

The U. S. Forest Service owns more than 70% of the land area within the Lake Tahoe Basin. Private ownerships are estimated to control less than 20% of the land within the Basin.

Most of the remaining land is owned either by state or local governments. Because so much of the land within the Basin is under public ownership, it is available to the general public for a wide variety of recreational utilizations.

There are approximately 1,100 residential lakefront parcels in the Lake Tahoe Basin, which are distributed across the following Nevada and California counties:

El Dorado County, Nevada 21%
Washoe County, Nevada 14%
El Dorado County, California 36%
El Dorado County, California 29%
Carson City County, Nevada Less than 1%
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Climate
The Lake Tahoe Basin enjoys an average of 273 fair days each year. It has an average annual precipitation of 35.5 inches at lake level and an average annual snowfall of 217 inches.

During the winter months, the average high temperature is in the mid 40° F with lows in the mid to high 20° F. Average summer daytime temperature is around 80°F with lows in the mid to low 50°F. Lake temperatures range from approximately 41.9° at its coldest to 65.7° at its warmest in August. Because of the relatively moderate weather patterns, the Lake Tahoe Basin is a popular year-round destination resort.

Access
Several major highways serve the Lake Tahoe area. U.S. Highway 50 provides direct access to the south shore from Sacramento, entering the Basin at Echo Summit. From the City of South Lake Tahoe, this highway runs north along the east shore of the lake to Spooner Summit, and then descends the eastern slope of the Carson Range of the Sierra Nevada to its intersection with U.S. Highway 395 and Interstate 580, just south of Carson City, Nevada.

Interstate 80, which connects San Francisco to Reno and other points east, passes approximately 15 miles north of Lake Tahoe. Access to Lake Tahoe from Interstate 80 is by means of two state highways, both heading in a southerly direction from their intersection with Interstate 80 at Truckee, California. California State Route 89 provides direct access to Tahoe City on the west shore of Lake Tahoe. From Tahoe City, State Route 89 continues southerly along the west shore and joins U.S. Highway 50 in South Lake Tahoe. From the South Lake Tahoe/Meyers area, State Route 89 leaves U.S. Highway 50 and crosses Luther Pass to its intersection with California State Route 88 in Hope Valley and its intersection with U. S. Highway 395 near Coleville in Mono County, California. From Interstate 80, California State Route 267 provides direct access to Kings Beach on the north shore of Lake Tahoe near the Nevada state line.
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The Mount Rose Highway provides direct access to Incline Village, Nevada and the north shore of Lake Tahoe from Interstate 580, which lies to the east. Interstate 580 runs along the western shelf of the Great Basin directly east of the Sierra Nevada Mountains from Reno to south Carson City and connects with U.S. Highway 395 at both ends. U.S. Highway 395 extends from southern California through Oregon and Washington to the Canadian border. From Incline Village, Nevada, State Route 28 runs westerly and then southerly along the shoreline of Lake Tahoe, terminating at Tahoe City, California. Nevada State Route 28 also runs easterly and then southerly along the Eastern Shore of Lake Tahoe, until it connects with U.S. Highway 50 near Spooner Summit.

Finally, access to the south shore area is also available by way of Kingsbury Grade, which is a state-maintained road. It extends westerly from the Carson Valley over Daggett Pass and terminates at its intersection with U.S. Highway 50 in Stateline, Nevada just north of the California/Nevada state line. In the Carson Valley, Kingsbury Grade is easily accessible from U.S. Highway 395 and from Nevada State Route 88.

All of the highways located within the Basin are two-lane, two-way, asphalt-paved roadways, with the exception of portions of U. S. Highway 50, which expands to a four-lane roadway. The winter maintenance of the roadways in the Lake Tahoe Basin is very good, with most highways remaining open throughout the winter months. The roadways most susceptible to winter closures are State Route 89 through Emerald Bay, the Mount Rose Highway at Mount Rose Summit, and Kingsbury Grade.

In summary, the Lake Tahoe Basin is easily accessible by automobile, particularly from the major metropolitan areas of northern California and northern Nevada.

Commercial Transportation
While transportation into the Lake Tahoe Basin is primarily by private auto, it is also serviced by various bus lines and commercial airlines. The south shore is serviced by the 116
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Lake Tahoe Airport, which is located adjacent to U.S. Highway 50 at the south end of the City of South Lake Tahoe. This airport, which is operated by the City, offers an 8,542 foot runway, tie-down facilities, a terminal building and hangar storage. This airport has a modern instrumentation system to better facilitate landing in adverse weather. It does not currently offer commercial air service.

The west and north shores are served by the Truckee-Tahoe Airport. This airport is located adjacent to State Route 267, just southeast of the town of Truckee, California, and approximately 15 miles north of Kings Beach, California. Scheduled commercial air service is not available at this airport.

The entire Lake Tahoe Basin is also serviced by the Reno-Tahoe International Airport.

This airport has service by 10 airlines with more than 76 daily flights that serve 24 non-stop destinations. Regularly scheduled bus and limousine service is available from this airport to various portions of the Lake Tahoe Basin.

Tahoe Regional Planning Agency (TRPA)3
Lake Tahoe and the surrounding land areas that comprise the lake’s watershed are generally referred to as the Lake Tahoe Basin. Land use within the Lake Tahoe Basin is strictly regulated by the Tahoe Regional Planning Agency (TRPA). It is important that the reader have at least a basic understanding of the TRPA.

The popularity of the Lake Tahoe Basin has created an altered watershed. The positive economic effects of popularity are shadowed by conditions that have the potential to harm Lake Tahoe water resources. Planning land use to accommodate economic growth and vitality ensures that protective measures are taken to maintain a healthy watershed. 3 www.trpa.org
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The TRPA was created initially in 1969 as a bi-state agency via concurrent legislation adopted by California and Nevada and by Congress and signed by the President. The original legislation was dramatically modified when amended by the states and Congress in 1980.

Under the 1980 amended statute, all activities with a potential for an impact on the environment of the Tahoe Region must be reviewed and approved by the TRPA based on a determination that there will be no negative impact or violation of adopted environmental threshold carrying capacities of the Region.

The Tahoe Regional Planning Compact calls for the Regional Plan to establish a balance between the natural environment and the human-made environment. The Plan emphasizes an improvement in the quality of development in the Region and in the quality of the natural environment.

Environmental Thresholds Carrying Capacities set environmental goals and standards for the Lake Tahoe Basin and indirectly define the capacity of the Region to accommodate additional land development. Land development may negatively affect attainment of an environmental threshold. Special efforts, such as mitigation measures, must be taken to reduce impacts.

The Regional Plan Goals and Policies document presents the overall approach to meeting the thresholds. A key component of the Plan is the land use element. The land use element of the Plan identifies the fundamental philosophies directing land use and development in the Lake Tahoe Basin. It addresses topics like suitable development locations; maintenance of the environmental, social, physical, and economic wellbeing of the Region; and coordination with local, state, and federal requirements.

The Land Use Element of the Lake Tahoe Regional Plan includes the following subelements: land use, housing, noise, natural hazards, air quality, water quality, and community design. The Land Use sub-elements intend to establish land use goals and policies that will 118
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ensure the desired equilibrium and attain and maintain the environmental thresholds within a specific time schedule.

A number of regulations are needed to implement and enforce policies identified in the Plan. The TRPA Regulatory Code compiles all of the laws and ordinances needed to implement the Goals and Policies.

In implementing its Regional Plan and Ordinances which regulate the nature, types, and amount of land uses which may be permitted on lands within the Tahoe Basin, the TRPA limits the amount of Commercial Floor Area, impervious land coverage, and Tourist Accommodation Units which may exist within the Lake Tahoe Basin.

According to TRPA “Commercial Floor Area (CFA) is a unique development right needed to build commercial establishments in the Tahoe Region. CFA is defined as the gross square footage of floor area within the outer wall of a commercial building including facilities such as decks that are designated for commercial use under a TRPA permit. CFA does not include stairwells and airshafts; areas outside the building including parking areas/structures, driveways, outside stairways; accessory uses such as pro shops at golf courses; temporary projects; and the area of play in areas such as an indoor tennis court (additional detail in Code Section 50.6.1). CFA was created in response to the need to better manage growth in a way that promotes environmental gain, encourages environmentally beneficial redevelopment of “legacy” development, directs growth into Centers, and removes development from sensitive lands.

There is a finite amount of CFA which is allocated, by TRPA through the Regional Plan and local jurisdictions, primarily through an adopted Area Plan or Community Plan.

CFA can be existing CFA if it was already located on a parcel developed before January 1, 1987 (grandfathered), or can be additional CFA, or bonus CFA. Additional CFA is used for commercial areas constructed pursuant a TRPA compliant approval on or after January 1987 or the conversion of legally existing or approved floor area from noncommercial use to 119
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commercial use (exceptions listed in Code Section 50.6.1.B.1 and 2). Allocations of CFA on sensitive lands are largely not allowed (Code Section 50.6.1.C.1‐2).

Much like CFA, the amount of impervious ground coverage, more commonly referred to as land coverage, allowed within the Lake Tahoe Basin is strictly regulated. Land coverage is defined by the TRPA as:

A man-made structure, improvement or covering, either created before February 10, 1972 or created after February 10, 1972 pursuant to either TRPA Ordinance No. 4, as amended, or other TRPA approval, that prevents normal precipitation from directly reaching the surface of the land underlying the structure, improvement or covering. Such structures, improvements and coverings include but are not limited to roofs, decks, surfaces that are paved with asphalt, concrete or stone, roads, streets, sidewalks, driveways, parking lots, tennis courts, and patios. A structure, improvement or covering shall not be considered as land coverage if it permits at least 75 percent of normal precipitation directly to reach the ground and permits growth of vegetation on the approved species list.

The maximum amount of land coverage allowed on a parcel is determined by the TRPA. Land coverage is a marketable development right that can be sold within the Lake Tahoe Basin under a complex set of rules and regulations.

Like CFA and land coverage, the number of Tourist Accommodation Units (TAUs) allowed within the Lake Tahoe Basin is strictly regulated. A TAU is defined in Chapter 90 of the TRPA Code of Ordinances as “A Unit, with one or more bedrooms and with or without cooking facilities, primarily designed to be rented by the day or week and occupied on a temporary basis.” TAUs are a marketable development right and can be sold within the Lake Tahoe Basin.
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It should be noted that the Lake Tahoe Regional Plan Update to the 1987 Regional Plan was approved by the TRPA Board on December 12, 2012. The update retains the regulatory framework from the existing 1987 Regional Plan, while making targeted amendments to accelerate threshold attainment and respond to current conditions. One of the many goals in the Regional Plan Update is to streamline the planning and permitting process by implementation of Area Plans. Through the establishment of Area Plans, local government agencies have become more active in the permitting process on a parcel level basis, while the TRPA has focused their efforts on regional priorities.

Overall, TRPA’s rules and regulations greatly restrict the development potential of properties located within the Lake Tahoe Basin.

Tourism
Tourism is the basic industry of the Lake Tahoe Basin, with most visitors drawn to the area by the numerous outdoor recreational opportunities available, the gaming and the natural scenic beauty. The principal recreation market is comprised of four of California's ten Metropolitan Statistical Areas. These areas have an estimated combined population in excess of 10,000,000. In addition, the surrounding California non-metropolitan areas have a population of more than 2,000,000 people. Based on cell phone tracking data collected by the Tahoe Transportation District, there are as many as 24 million visitors to the Tahoe Basin each year, with approximately 40% of those visitors in the area for a day trip4.

Summer outdoor recreational opportunities include fishing, water skiing, bicycling, swimming, horseback riding, golfing, river rafting, hiking and backpacking, boating, and sightseeing. There are numerous public beaches, campgrounds, and picnic areas distributed around the perimeter of the lake. These are generally operated by local governments, state governments or the U.S. Forest Service. In several areas of the Lake Tahoe Basin, paved 4 Memoranda from Cynthia Albright, Stantec, to Carl Hasty, Director, Tahoe Transportation District, dated May 2, 2016 and August 22, 2016.
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scenic bike paths have been developed, and others are planned for the future. Public golf courses are located at Tahoe City, Kings Beach, Incline Village, Glenbrook, and in the South Lake Tahoe area.

Also distributed around the shore of Lake Tahoe are numerous marinas, most of which offer a complete line of power and sailboat rentals, as well as water skis and equipment.

Several of these marinas operate regularly scheduled or charter boat cruises around the lake, including dinner, sunset, and cocktail cruises.

Adjacent to the western perimeter of the Lake Tahoe Basin is Desolation Wilderness.

This pristine backcountry encompasses more than 100 square miles and 80 separate lakes, most of which offer excellent seasonal fishing. Desolation Wilderness is one of the most popular wilderness areas in the United States.

Winter outdoor recreational opportunities include skiing/snowboarding, ice skating, sledding, snow shoeing, and snowmobiling. The Lake Tahoe area has the largest concentration of ski resorts in the world, including 15 major resorts. Lake Tahoe's winter economy is reliant upon winter weather conditions, as ski resorts are a major source of tourism during the months of December through mid-April. Winter tourism in the Lake Tahoe Basin can be affected by drought years where the snowpack is well below average. As a result, most area ski resort operators now use sophisticated snowmaking equipment to assure themselves of an early ski season in late November or early December and as a hedge against a potential dry winter. In years when the snowpack is only average to below average at area ski resorts, snow making capabilities help to maintain the slopes and business volume at reasonable levels.

Legalized gaming also attracts thousands of tourists each year. The major concentration of hotel/casinos is located at the southeast end of the lake at Stateline, Nevada.

The four major hotel/casinos at this location include Harrah's, Harvey’s, Hard Rock, and 122
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MontBleu. The total number of guestrooms in these four facilities is approximately 2,293. At the north end of the lake, the Hyatt Lake Tahoe Hotel-Casino is located in Incline Village.

There are additional casino facilities located in Crystal Bay, including the Biltmore, the Crystal Bay Club and Jim Kelly’s Nugget.

The lodging market within the Tahoe Basin is somewhat seasonal. The summer season is the busiest time of year due to the cool summer temperatures, numerous outdoor activities, and the casinos. Occupancy levels in the overall market during July and August are approximately 80% to 90%. The winter months are also a busy time of year, with the highest occupancy levels on the weekends and holiday weekends. However, during the shoulder months of October, November, most of December, part of April, May, and the first half of June, occupancy levels typically drop.

Population/Demographics
The Lake Tahoe is home to an estimated 54,000 year-round residents, yet a majority of private property owners are part-time residents. During the summer months the population is greater than 65,000. The last census count in 2020 listed a population of 51,842 people which was a 3.5% decrease from the 2010 census (53,709). Population growth in the basin is limited, in part due to restrictions on residential development, high housing costs as well as limits on job opportunities. The population is generally older in age when compared to either California or Nevada as a whole. Based on information from the American Community Survey in 2015 35.7% of the population was between the ages of 18-44 with 47.4% of the population aged 45 and older.

Residential Real Estate Market
The COVID-19 pandemic has had an acute impact on the housing market in the Tahoe Basin with sales and sale prices showing substantial increases beginning in July of 2020. The Lake Tahoe residential real estate market has benefited from the ability to work remotely and buyer’s desire to live in less populated areas with an abundance of recreational offerings, 123
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while still being within driving distance of the San Francisco Bay Area. Data from sales in the region show that individuals working in the tech industry represent approximately one third of homebuyers in the current market.
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There are four Multiple Listing Services in the Lake Tahoe Region. The primary areas within the Lake Tahoe Basin which are covered by each service are as follows:

South Tahoe Association of Realtors (STAR) South Lake Tahoe (California) Northern Nevada Regional MLS (NNRMLS) South/South East Shore (Nevada) Tahoe Sierra MLS West Shore/North Shore (California)
Incline Village MLS Incline Village (Nevada)
Each region around Lake Tahoe has unique differences with their respective residential real estate offerings. Relevant facts and statistical information for the subject’s region will be shown in the following section of this report.

Conclusion
In summary, the Lake Tahoe Basin is considered to be one of the most diversified year-round recreational resort areas in the western United States. Its dramatic setting, the pristine clarity of its waters, its favorable climate and its many varied recreational attractions endow it with unique characteristics.
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SOUTH SHORE LAKE TAHOE MAP

SUBJECT
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SOUTH SHORE LAKE TAHOE DESCRIPTION
The subject’s larger neighborhood is the South Shore portion of Lake Tahoe. The area is defined as the portion of the Lake Tahoe Basin extending from Emerald Bay and Meyers, California to the west and Glenbrook, Nevada to the east. A majority of the South Shore population is concentrated in the City of South Lake Tahoe which is the only incorporated town in the Lake Tahoe Basin. The focal points of the neighborhood are the Stateline tourist core area located on the Nevada side of the California-Nevada state line and the Heavenly Gondola area located just south of the casinos and the Highway 50 core as it extends to the west into South Lake Tahoe. The neighborhood incorporates two governmental jurisdictions.

The northeasterly portion of the neighborhood is governed by the policies of Douglas County and the State of Nevada. The more southwesterly portion of the neighborhood is governed by the policies of the State of California, El Dorado County and the City of South Lake Tahoe.

However, because of the close orientation of this area towards the Stateline tourist core, the entire neighborhood forms a homogeneous economic unit which distinguishes it from other adjacent areas.

Four major hotel/casinos are situated at the heart of the neighborhood. These include Harrah's, Harvey's, Ballys and the Golden Nugget Hotel. These four major hotel/casinos have a cumulative total of 2,293 hotel rooms and provide top name entertainment, gaming, gift shops, restaurants and other entertainment opportunities. In 2019 Harveys announced major capital improvements for 2019/2020 which totaled more than $41 million. These improvements included renovation of all 519 hotel rooms in the Lake Tower which was completed in the third quarter of 2020. The improvements also included new balcony suites, a new casino bar and lounge and the completion of Gordon Ramsay’s Hell’s Kitchen restaurant.

In June of 2019 Eldorado Resorts announced they were purchasing Caesars Entertainment in a cash-and-stock deal. The merger was completed on July 20, 2020.

Eldorado Resorts owned MontBleu and Caesars Entertainment currently owns Harrah’s and 127
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Harveys. To satisfy federal antitrust enforcers, Eldorado Resorts announced in April of 2020 that it entered into a definitive agreement to sell MontBleu to Twin River Worldwide Holdings, now Bally’s Corporation. This transaction was finalized in the first quarter of 2021. El Dorado Resorts (now operating as Caesar’s Entertainment) has indicated they plan to make significant capital and operation upgrades to their newly Tahoe properties (Harrah’s and Harvey’s) over the coming years. Furthermore, MontBleu was recently rebranded Bally’s Lake Tahoe. Capital improvement plans for this property are currently under development which will enhance the property and complement the Tahoe South Events Center which is under construction adjacent to the property. Hard Rock was purchased by Fertitta Entertainment and rebranded as a Golden Nugget in September of 2023, with the new ownership group indicating they plan to spend in the range of $200 million to renovate the property in the coming years.

Additionally, on the California side of the state line, there is a 399-room property called, formerly an Embassy Suites, that was sold in October 2021 for $86 million to Sodalite Tahoe Hotel LLC and was recently renovated and reopened as Margaretville Resort in the fourth quarter of 2023.

The Heavenly Ski Resort gondola, which opened in December 2000, is located approximately one block south of the Stateline casinos. The area between the casinos and Lake Tahoe is developed with the 18-hole championship Edgewood-Tahoe Golf Course and the new Edgewood Lodge (opened in June 2017). To the north of the golf course, there is a concentration of apartments, duplexes, and single-family residences.

The remainder of the subject neighborhood outside of the Stateline tourist core is developed with facilities oriented toward serving the tourist trade generated by the Nevada casinos, Heavenly Mountain Resort, and Lake Tahoe. The U.S. Highway 50 corridor, on the California side, is developed almost exclusively with motels and commercial facilities catering to the tourist trade. A portion of this section along the U.S. Highway 50 corridor on 128
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the California side of the state line is a former redevelopment area that was completed between 2000 and 2005. The redevelopment project involved the Marriott timeshare and quarter share hotels, the Shops at Heavenly Village, Heavenly Gondola and Cecil’s Fountain Plaza. At maximum capacity, the Gondola can carry 3,000 people an hour up the mountain and an equal number down the mountain. The gondola provides direct access to Heavenly Mountain Resort in the winter and to hiking trails in other seasons.

Heavenly Mountain Resort, reportedly incorporating one of the largest total acreages of any ski resort in the Western United States, is located at the southeast end of the subject neighborhood. In addition to the Gondola, access to the California side of Heavenly Ski Resort is via Ski Run Boulevard. The skiable terrain within the resort has a vertical drop of 3,500 feet with its longest run being 5.5 miles. Heavenly Mountain Resort was purchased in 2002 by Vail Resorts, the owner of five major ski resorts in Colorado. Since purchasing Heavenly in 2002, Vail Resorts has invested tens of millions of dollars in capital improvements to Heavenly Mountain Resort. Some of the capital improvements have already occurred with new restaurants, express chairs, etc. It should also be noted that Vail purchased Northstar Resort in 2010 and Kirkwood Mountain Resort in 2012.

In the subject neighborhood, U.S. Highway 50 (Lake Tahoe Boulevard) is a two-way, four-lane asphalt paved roadway, leading into the South Lake Tahoe area from Sacramento, California and points west. Also, U.S. Highway 50 connects South Lake Tahoe to Carson City, Nevada and other areas to the northeast. Portions of U.S. Highway 50 are improved with sidewalks, curbs, and gutters. The highway also incorporates a center turn lane and major intersections incorporate traffic signals. Pioneer Trail is the other major thoroughfare serving the subject neighborhood. This is a two-way, two-lane asphalt-paved roadway running to the east of U.S. Highway 50 and connects the Meyers area with the Stateline area.

During the peak tourist season, traffic on U.S. Highway 50 in the subject neighborhood can become heavily congested. The US 50/South Shore Community Revitalization Project aims to reduce the congestion in the Stateline area of US 50 by redirecting the traffic around the 129
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tourist core area at Stateline to achieve a pedestrian, bike, and transit-oriented corridor. In November of 2018 the Tahoe Transportation District secured approval of the final Environmental Impact Statement from the TRPA Governing Board, which will allow the project to move forward. The planning process began in January of 2019. Alternative B was selected which will route traffic from a new Pioneer Trail intersection, west of the existing intersection, proceeding south of the Village Center, Heavenly Village, and casinos, to end at a new two-lane roundabout at the existing US 50 intersection.

Population
The population of the South Shore area as of the 2020 Census is 36,065. A breakdown of the population from 2010 to 2020 is presented as follows:

Population
Area 2010 Census 2015 2020 Census
South Lake Tahoe Region 36,170 34,770 36,065
SOURCE: South Shore Region Housing Needs and Opportunities – Oct 2019/US Census Bureau As indicated, the population of the Lake Tahoe Region declined from 2010 to 2015 and has currently grown back to 2010 levels. About 83% of the South Shore population lives in California and about 66% lives within the City of South Lake Tahoe. 130
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Schools
The South Lake Tahoe Unified School District operates four public elementary schools, one middle school and high school on the California side of South Lake Tahoe.

There is also an alternative Continuation High School. The Douglas County School District operates a public elementary school and high school on the Nevada side of South Lake Tahoe.

There was also a middle school that operated until 2008/2009 school year due to declining enrollment. Schol enrollment has been exhibiting a downward trend on the South Shore in the recent past due primarily to the high cost of living for a family.

Employment/Wages
About 26,880 jobs are in the South Shore region as of 20195. A majority of these jobs are located on the California side. Many jobs in the area are seasonal with the peak being the summer months of June-August. The summer tourist season increases seasonal job availability by about 3,300 jobs and the winter ski season increases seasonal jobs by about 1,000.

The average wage in the South Shore area is $39,210. The largest sector of employment in the South Shore area is Accommodation and Food Services which account for 38% of jobs. The second largest sector is Administration and Support, Waste Management and Remediation which accounts for just over 10% of area jobs. All other sectors account for small portions of the area jobs.

The following table and graphs contain the historical labor market statistics for the City of South Lake Tahoe, which is the only incorporated town in the Tahoe Basin. 5 South Shore Region Housing Needs and Opportunities Report Oct 2019 131
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City of South Lake Tahoe Employment Data
Unemployme
Year Labor Force Employed Unemployed Rate (1)
2010 12,000 10,400 1,600 13.40%
2011 11,800 10,300 1,500 12.9%
2012 11,600 10,400 1,300 11.2%
2013 11,600 10,500 1,100 9.4%
2014 11,700 10,800 900 7.7%
2015 11,600 10,900 700 6.3%
2016 11,800 11,200 600 5.3%
2017 11,800 11,300 500 4.1%
2018 12,500 11,900 500 4.2%
2019 12,700 12,200 500 4.0%
2020
Nb
13,000 11,500 1,400 10.9%
2021 13,700 12,900 800 6.0%
2022 13,100 12,700 400 3.1%
2023 – Dec 13,100 12,600 500 4.1%
(1) Calculated based on non-rounded figures Source: California Employment Dl D
As indicated, the City’s unemployment rate is presently 4.1 which indicated a very healthy labor market. The economy of the Lake Tahoe Basin is subject to seasonal fluctuations, with the heaviest tourist trade occurring during the summer and winter months.

Development
Over the last approximate 30 years, government officials and the general public have recognized a need to rehabilitate many of the older commercial corridors within the Tahoe Basin, particularly in South Lake Tahoe. Since the early 1990s, there have been many new buildings constructed, some of which involved assistance from government entities. At the present time there are various projects that have been constructed or are proposed. Some of the larger redevelopment projects at Lake Tahoe that have been constructed and are proposed are set out as follows:
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Highlight of Recent Projects/Proposed Projects
The Chateau at Heavenly Village is an 11.53± acre site located adjacent to Harvey’s Resort Hotel and Casino, on the south shore California side of the lake. The plans call for a convention center, two condominium hotels, specialty retail space, subterranean parking, nightclub, and a health spa. Owens Realty Mortgage (recently merged with Ready Capital) constructed 23,000± square feet of specialty retail space, which opened in the summer of 2014. The first phase retail achieved a stabilized occupancy and the second phase that consists of 30 residential condominiums (known and Zalanta) and about 20,000 square feet of specialty retail space was completed in May of 2017. The residential inventory has been sold.

Edgewood Tahoe has completed construction of a new resort hotel along the ninth hole of the Edgewood Golf Course, which is north of the casinos and extends along the lake shore and is called the Edgewood Tahoe Lodge. This resort features 154 luxury lodging units and accessory amenities of a restaurant, lounge, spa, etc. The hotel opened in June 2017.

The Tahoe Beach Club is located at the terminus of Kahle Drive in Stateline, Nevada.

The owners commenced construction on the first phase of 143 single family townhome units along the shores of Lake Tahoe in August 2016. The first phase of the project includes 46 units and a luxury clubhouse and fitness center of approximately 30,000 square feet. All of the units in the first phase of the development have been completed and sold. The developer reports to presently have contracts with 20% deposits for almost all of the units under construction in Phase 2 and completed the first eight plex in December of 2023.

Bijou Market was formerly the Knights Inn, located at the corner of Herbert and Lake Tahoe Boulevard. The Knights Inn was sold and demolition commenced in the summer of 2017. A Whole Foods 365 Store of about 17,500± square feet was constructed on the site and opened in November of 2019. Additionally, other retail components in the center include Chase Bank, Panda Express, Chipotle and Five Guys.
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Gondola Vista is a 20-unit townhouse development on a four-acre site that was recently completed at 30 Lake Parkway Drive under the Heavenly Mountain Gondola to the east of the Tourist Core. Residences range in size from 2,870± to 3,616± square feet.

Construction commenced in the summer of 2017 and was completed in the second quarter of 2019. Currently finished units are available as vacation rentals. 323 Residences is located on Tramway Drive near Daggett Summit on the east shore of Lake Tahoe. The property is located about 0.5± miles from the Stagecoach Lodge of Heavenly Mountain Resort. The property includes a concrete foundation and skeleton structure of three levels of a proposed five level building. The property was foreclosed on by Bank of America in March of 2012 and resold in the spring of 2015. The project plans to include 49 residential condominiums and is presently under construction.

Sierra Colina is a 44 unit attached and detached residential subdivision located to the south of Lake Village that commenced vertical construction in the spring of 2018. This site remains under development in a phased development approach. The finished inventory has been well received in the market.

The Tahoe South Event Center is a project is a recently completed138,000 square foot 6,000 seat center for performances, trade shows, ice shows and sporting events. The center is located in the current parking lot of Ballys Casino on the corner of Highway 50 and Lake Parkway in Stateline, Nevada. On March 25, 2020, the TRPA’s Governing Board unanimously approved the $100 million project. Douglas County approved the center in April of 2020 and the Tahoe Douglas Visitors Authority. The project broke ground in July of 2020 with horizontal infrastructure improvements. The building was completed and opened in September of 2023.
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Tourist Accommodations
The lodging market within the Tahoe Basin is very seasonal. The summer season is the busiest time of year due to the cool summer temperatures, numerous outdoor activities, and the casinos. Occupancy levels in the overall market during July and August are approximately 80% to 90%. The winter months are also a busy time of year, with the highest occupancy levels on the weekends and holiday weekends. However, during the shoulder months of October, November, most of December, part of April, May, and the first half of June, occupancy levels typically drop significantly.

The Transient Occupancy Tax Collected, which is a percentage of total revenue from hotel rooms and vacation rentals, for South Lake Tahoe is presented as follows6 :
6 Latest available data.
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As indicated, there had been an increasing trend in TOT revenue in South Lake Tahoe from 2016-17to 2018-19. Revenues drastically dropped in March of 2020 due to the COVID19 pandemic when stay at home orders were given. With many restrictions lifting in June 2020, the TOT revenue started to rebound and was 48% of what it was in June of the prior year. TOT revenues have been relatively stable in the last two years.

The number of hotel room nights rented in South Lake Tahoe from the 2016-17 fiscal year to current is presented as follows:

As indicated, the number of room nights rented is highest in June, July, August and September and is lowest April, May and November. Room nights rented followed the same trend as the TOT revenue as a result of the COVID-19 pandemic. Total room nights declined slightly in the 22/23 fiscal year.
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In general, the older motels in the Tahoe Basin are most affected by the seasonal demand base. These facilities have been achieving occupancy levels as low as 30% to 35% annually, or less. On the other hand, the higher quality lodging properties that are well managed are able to achieve much higher annual occupancies.

Marinas/Gaming
There are also numerous marinas along the shores of Lake Tahoe, most of which offer a complete line of power and sailboat rentals, as well as water skis and equipment. Several of these marinas operate regularly scheduled or charter boat cruises around the lake, including dinner, sunset, and cocktail cruises.

Due to strict environmental standards, it is highly unlikely that a new marina would be approved within the Lake Tahoe Basin. Accordingly, the existing marinas operate with low vacancy factors during the summer months. During the winter months, Tahoe marinas either cease or greatly scale back operations.

Legalized gaming also attracts thousands of tourists each year. The major concentration of hotel/casinos is located at the southeast end of the lake at Stateline, Nevada.

The four major hotel/casinos at this location include Harrah's, Harvey’s, Golden Nugget, and Ballys. Until 2010, Bill’s Casino was owned by Harrah’s. Harrah’s sold it to an investor that has since remodeled it for CVS Pharmacy and other smaller tenants. The former casino building is adjacent to Harrah’s. Gaming revenue in the Tahoe Basin has been depressed over the last two decades. This is primarily attributable to Indian gaming in northern California and lack of capital expenditures for remodel or renovation. In discussions with gaming operators and developers, any redevelopment plans in the future will feature gaming as an amenity, but not the main attraction.
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Housing Market
The supply of housing units in the South Shore Region is about 32,150. 81% of these units are located on the California side. The occupancy of these units is summarized as follows, based on data reported in the South Shore Region Housing Needs and Opportunities Report.

In 2019 about 46% of the housing units are resident occupied and about 47% are used as second homes of vacation homes.

The majority of housing units are detached single family homes which comprise of about 75% of the stock. Multifamily units are about 18% of the stock and about 6% are mobile homes. A majority of the housing units are older, with very limited new construction over the last 30 years due to the growth limitations implemented by the TRPA in 1987. Due to the age of many of the housing units there is a high proportion of them in fair to poor condition. The below chart summarizes the year built of the housing stock in the South Shore Region.
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Residential Real Estate Market
From 2002 to mid-2006, the residential real estate market experienced significant appreciation. Between 2006 and 2007, the real estate market began to exhibit signs of softening. In 2008 through 2011, the market experienced a significant downturn, which paralleled trends throughout the country. In 2013, residential prices began to appreciate and that has continued through 2022. The South Lake Tahoe Board of Realtors has collected the following data for the California side of the Lake Tahoe Basin.:
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The Northern Nevada Multiple Listing Service reports the following data for the Nevada side of the South Shore area:

Total sales volume in the area greatly increased in 2020 due to demand generated by the COVID-19 pandemic. Sales volume increased by 69.5% on the California side of South Shore, and by 62.8% on the Nevada side. High demand and low supply have driven average prices up in 2021 and 2022. Real estate agents indicate the number of sales and sales volume is beginning to decrease due in part to a lack of available supply of units for sale and partly due to the high prices being out of the range of a portion of the buyer pool. Most agents indicate that they feel prices have stabilized at the present time due to headwinds created by higher interest rates and general economic uncertainty. 140
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Conclusion
In summary, the South Shore area’s population is concentrated in the City of South Lake Tahoe on the California side and the Stateline areas on the Nevada side. A majority of the area jobs are in the hospitality sector. A number of projects have been recently completed in the area with will upgrade the "Tahoe Experience," particularly for the more affluent destination resort visitor. Additional proposed redevelopment projects are moving forward with the goal of promoting year-round economic vitality. The Tahoe region has seen a high number of new market participants emanating from the California metropolitan areas. The ability to work remotely in a recreational and outdoor setting is one of the primary motivations of the new buyers driving the market. In 2023, the housing market showed signs of stabilizing and the number of sales has decreased and price appreciation moderating due to higher interest rates and general economic uncertainty. 141
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SUBJECT MAP

SUBJECT
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SUBJECT PHOTOGRAPHS

STREET SCENE LOOKING NORTHERLY ALONG SKI RUN BOULEVARD IN

THE VICINITY OF THE SUBJECT PROPERTY

STREET SCENE LOOKING SOUTHERLY ALONG SKI RUN BOULEVARD IN

THE VICINITY OF THE SUBJECT PROPERTY
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SUBJECT PHOTOGRAPHS

STREET SCENE LOOKING EASTERLY ALONG SPRUCE AVENUE FROM SKI

RUN BOULEVARD ADJACENT TO THE SUBJECT PROPERTY

STREET SCENE LOOKING EASTERLY ALONG WILLOW AVENUE FROM SKI

RUN BOULEVARD ADJACENT TO THE SUBJECT PROPERTY
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SUBJECT PHOTOGRAPHS

VIEW LOOKING SOUTHERLY ACROSS THE STREETSCAPE ALONG THE

WESTERN BOUNDARY OF THE SUBJECT SITE

VIEW LOOKING NORTHERLY ACROSS THE STREETSCAPE ALONG THE

WESTERN BOUNDARY OF THE SUBJECT SITE
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SUBJECT PHOTOGRAPHS

VIEW LOOKING SOUTHEASTERLY ACROSS THE SUBJECT PROPERTY FROM

THE INTERSECTION OF SPRUCE AVENUE AND SKI RUN BOULEVARD

VIEW LOOKING NORTHWESTERLY ACROSS THE SUBJECT PROPERTY THE

SOUTHEAST CORNER OF THE PROPERTY
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SUBJECT PHOTOGRAPHS

VIEW LOOKING NORTHEASTERLY ACROSS THE SUBJECT SITE

VIEW LOOKING SOUTHERLY ACROSS THE

THE SUBJECT SITE
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SUBJECT PHOTOGRAPHS

VIEW LOOKING SOUTHWESTERLY ACROSS THE

SOUTHENR PORTION OF THE SITE

VIEW LOOKING SOUTHWESTERLY ACROSS THE NORTHERN

PORTION OF THE SITE
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ASSESSOR’S PARCEL MAP
A.P.N. 027-161-030-000
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ASSESSOR’S PARCEL MAP MAGNIFIED VIEW
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AERIAL VIEW7
7 Boundary lines are approximate and for illustrative purposes only and does not reflect the current construction of the park on the subject site.
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SUBJECT PROPERTY IDENTIFICATION AND DESCRIPTION
Assessor’s Parcel Number 027-161-030-000
Property Address 1195 Ski Run Boulevard, South Lake Tahoe, El Dorado County, California
Owner of Record SkiRunPark, LLC
Land Area 0.574± acres (25,003± square feet)
Improvements Streetscape along Ski Run Boulevard and
Community Park presently being constructed onsite
Legal Description
The Land Described Herein Is Situated In The State Of California, County Of Eldorado, City Of South Lake Tahoe, And Is Described As Follows:

Lots 1, 2 ,3 ,23 and 24, Block 28, of Bijou Park Addition, filed December 31, 1932, in Book A of Maps, at Page 18, El Dorado Records.

Property Shape Irregular
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Property Dimensions8
Ski Run Boulevard Frontage 200± feet
Spruce Avenue Frontage 150± feet
Willow Avenue Frontage 100± feet
Land Coverage
The Bailey system is applied to all commercial and multi-family properties and all residential properties that were improved prior to July 1, 1987 in the Lake Tahoe Basin. The US Forest Service and TRPA developed the Bailey land capability system in the early 1970s based primarily on the official USDA soils maps for the Tahoe Region. Each soil type was assigned to a land capability class ranging from 1 to 7, with capability 1 being the most environmentally fragile and sensitive to development. Wherever land was found to be influenced by a stream or high groundwater, it was assigned to capability 1b, also known as Stream Environment Zone, or SEZ.

TRPA and the Natural Resource Conservation Service have continued to survey soil types around Lake Tahoe and are updating the original Bailey classifications. Applying for a 8 The North and East Parcel dimensions are based upon data from the El Dorado County Assessor’s Office and are assumed to be correct.
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Land Capability Verification is often the best way to find out how much coverage is allowed on residences built before 1987 and on all commercial and multi-family parcels.

Lands Located in Land Capability District Base Coverage 1a, 1b, 1c 1%
2 1%
3 5%
4 20%
5 25%
6, 7 30%
As applied by TRPA and other regulatory agencies, the Bailey system prohibits new development on all capability 1 through 3 parcels, and restricts the amount of coverage (i.e., pavement and building footprint) that can be placed on capability 4 through 7 parcels. For parcels with Bailey scores 1 through 3, TRPA created a program for the transfer of development rights to other, less sensitive parcels. In this way, development can be moved away from the most sensitive areas and property owners can still realize value from their land. 154
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The subject property is located in potion of Class 1B and Class 5 soils. The subject property was previously improved with a motel. Safeway purchased the property in 1999 and subsequently demolished the improvements, banked the existing TRPA development resources (Land Coverage and TAU’s that were converted to CFA) and then transferred the vast majority of the development rights off the site. As part of the approval to transfer the development rights from the site, the property was deed restricted to prohibit the transfer back of land coverage, CFA or TAUs to the subject site. Subsequently, the subject property was purchased by the current owners in 2021 for the proposed development of a community park.

In 2022, the City of South Lake Tahoe and TRPA approved the proposed use. The permit specifically authorizes the construction of a day-use area (Ski Run Community Park). The parcel is located in the Tourist Core Area Plan Town Center Mixed-Use District and is zoned as Tourist. Day-use areas are allowed in the district. The project application and plan set are contained within TRPA and City of South Lake Tahoe File # 22-004.

Subsequent to the approval for development of the Ski Run Community Park, TRPA authorized modification of the prior deed restrictions to allow for land coverage to be returned to the portion of the property mapped as Land Capability District 5 District for use in development and operation of the Ski Run Community Park.

TRPA’s records reflect the Subject Property has the following land coverage rights appurtenant to the site at the present time:

Development
Right
Land
Capability
Verified Physical
Inventory
Remaining Base Allowable /
Potential
Remaining Banked
Quantity
Coverage (hard)
- ft2 Bailey 5 23 0 1,115
Coverage (hard)
- ft2 Bailey 1b 0 309
In aggregate, the subject has 1,447± square feet of allowable land coverage. 155
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The proposed coverage for the development of Ski Run Community Park is presented as follows:

This existing available land coverage of 1,147± square feet is equal to the proposed land coverage of 1,447± square feet.

This report is predicated upon the hypothetical condition that the Ski Run Community Park, that is presently under development, is 100% complete pursuant to approvals, plans and specifications as of the date of valuation.

Hazardous Materials
During the course of my on-site inspection of the subject property, I found no evidence suggesting the existence of hazardous substances. However, it should be noted that the undersigned is not qualified to detect hazardous waste and/or toxic materials. The value estimates derived in this report are based upon the assumption that there is no soil or water contamination or hazardous materials stored on the subject property.

Tourist Accommodation Units (TAUs) / Residential Units of Use (RUUs) Like CFA and land coverage, the number of Tourist Accommodation Units (TAUs) and Residential Units of Use (RUUs) allowed within the Lake Tahoe Basin is strictly regulated. TAUs refers to the number of units in a hotel, motel, timeshare, bed and breakfast, or inn that can be rented by the day or week and occupied on a temporary basis (Ch. 90 Definitions, TRPA Code of Ordinances). RUUs refer to the number of residential units that can be occupied. TAUs and RUU’s are a marketable development right and can be sold within the Lake Tahoe Basin.
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Previously this property was verified with 28 TAU’s and 1RUU (TRPA File No 990697). These units were demolished in the late 1990s and the development rights were converted to 12,352 sf of CFA and banked on the site with the intention of transferring offsite the banked CFA Rights, a portion of which were intended to be transferred to the Safeway Property located at 1040 Johnson Boulevard for use in a planned expansion and renovation of the supermarket. It is my understating that the subject property does not have currently have any TAUs or RUUs appurtenant to the site.

Commercial Floor Area (CFA)
Commercial Floor Area (CFA) is an entitlement in the Tahoe Basin. CFA is defined by TRPA as the gross square footage of floor area within the outer wall of a commercial building, not including stairwells and airshafts (Ch. 90 Definitions, TRPA Code of Ordinances). The square footage of other facilities related to the commercial building, including but not limited to decks that are designated for commercial use under a permit, shall be considered CFA.

In previous years, the Community Plans had a CFA pool available that was administered by the respective counties in the Basin. All of the available CFA within these pools has already been allocated to commercial development projects. Therefore, any new development that requires CFA must be purchased in the open market from property owners that control a banked supply of CFA that originated from commercial structures that have subsequently been demolished.

When the former motel located in the subject property was demolished, the property owner converted the TAU/ERU rights. The TAU/ERU rights were converted to 12,352± square feet of CFA and banked on the site in January of 2000. Subsequently, in three separate transfers, 12,096± square feet of CFA was transferred off the subject site. These three 157
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transfers occurred in 2000, 2005 and 20069. The subject has 256± square feet of CFA remaining banked on the subject site (12,352± square feet of banked CFA less 12,096± square feet that was subsequently transferred off the site). Conditions of the three transfers of the CFA rights from the subject site effectively preclude CFA rights from being transferred back to the subject site.

Zoning
TRPA/City of South Lake Tahoe Tourist Core Area Plan
Zoning District TSC-MUC (Tourist Center Mixed Use Corridor)

Land use in the Lake Tahoe Basin is regulated by both the Tahoe Regional Planning Agency and local city and county authorities. The subject property is located within the Tourist Core Area Plan which was approved by the City of South Lake Tahoe on October 14, 9 2,643± square feet of CFA was transferred to APN 027-180-19. 8,284± square feet of CFA was transferred to APN 023-430-30 and 1,169± square feet of CFA was transferred to APN 026-221-33.

SUBJECT
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2013 and by the TRPA Governing Board on November 20, 2012. The planning statement for Tourist Core Area Plan indicates that it “encourages general improvement of the built environment. It provides a framework that will change the existing conditions into opportunities for redevelopment with a focus on achieving on the ground environmental improvements consistent with the City’s General Plan and environmental threshold goals of the 2012 regional plan.”
The subject property is located with the area designated Tourist Center Mixed Use Corridor (TSC-MUC). “This district is intended to support Ski Run Boulevard as a multimodal, mixed-used corridor with a wide array of uses that encourage pedestrian activity.

Permissible uses include a rich mixture of employment services, professional offices, commercial, public service, recreation, tourist accommodation and residential organized around an aesthetically-pleasing pedestrian environment.” Permissible uses include tourist accommodation, retail commercial, entertainment, restaurants, recreation and mixed-use residential development.” Economic allowed uses are summarized as follows:

Residential
• Employee Housing
• Multiple Family Dwelling
• Single Family Dwelling (includes condominiums)
Tourist Accommodation
• Hotel, Motel, Other Transient Dwelling Units
• Bed & Breakfast Facilities
• Timesharing
Retail Commercial
• General Retail and Personal Services
• Nursery
• Eating and Drinking Places
Service Commercial
• Healthcare Services
• Professional Offices
General Public Service
• Daycare Centers/Preschool
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• Government Offices
• Local Public Health and Safety Facilities
• Social Services Organizations
Recreation
• Day Use Areas
In addition, Resource Management and Open Space uses are also allowed. Various other uses are allowed with a Special Use Permit. The minimum lot size is 10,000± square feet, with a minimum lot width of 80± feet and a minimum lot depth of 100± feet. The maxim density for employee housing family is 15 units per acre. The maximum allowable density with multi-person dwellings is 25 units per acres. The maximum density for tourist accommodation units (dwelling units/acre) is 40 units. The maximum building height is 56 feet with a maximum of four stories. The front yard setback is 20 feet (from back of curb), the side street setback is 20 feet (from back of curb) and the rear yard setback is 10 feet. The effect of zoning on the subject property will be discussed in the Highest and Best Use section of this report.

The subject is presently approved to be developed with a public park, which is classified as a Day Use Area. The zoning code defines Day Use Area as “Land or premises, other than Participant Sports Facilities, designated by the owner to be used by individuals or the general public, for a fee or otherwise, for outdoor recreation purposes on a daily basis such as regional and local parks, picnic sites, vista points, snow play areas, rafting facilities, and playgrounds.”
Approvals
The subject property has approvals from the City of South Lake Tahoe and TRPA as part of File # 22-004 for constructing a community park that will be donated to the City. The proposed project is the construction of a community park including play equipment, turf, gathering space, mural wall, climbing boulder, hill slide, swings, benches, and a community table. The project also includes enhancing a historically non-functioning stream environment zone that is located on the parcel.
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On June 15, 2021, The City accepted the donation and entered into a Memorandum of Understanding with the Friends of Ski Run, a California non-profit public benefit corporation, to collaboratively identify and implement improvements related to the construction, maintenance, and preservation of the community park. Upon completion, the City is responsible for the operation and maintenance of the park and will be given fee title to the property.

Topography
The majority of the property enjoys basically level topography and is at street grade.

Flood Zone
According to the Federal Emergency Management Agency’s Flood Insurance Map Community Panel Number 06017C0380F effective April 3, 2012, the subject property is located in Flood Zone X. Flood Zone X refers to areas which are determined to be outside of the flood plain. Federal flood insurance is not required for properties located within Flood Zone X.

Earthquake Zone
According to the most recent Edition of the Uniform Building Code, the subject property is located in Seismic Risk Zone 3. This zone encompasses areas which have a number of local faults and where there is a relatively strong probability of moderate to strong seismic activity. I have not seen any hazard maps relating to the subject ownership specifically and could find no evidence that the property would experience any greater seismic activity than is typical for the area.
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Access and Exposure
The subject parcel has approximately 200± feet of frontage along Ski Run Boulevard.

This is a secondary commercial artery that is the main route from U.S. Highway 50 to the Heavenly Mountain Resort’s California Base Lodge. The subject parcel also has 150± feet of frontage along Spruce Avenue and 100± feet of frontage along Willow Avenue. Both Spruce Avenue and Willow Avenue are paved two-lane, two-way residential streets. Overall, the subject is considered to have good access and good exposure.

Utilities
All utilities, including electricity, natural gas, water, sewer, telephone, and cable television, are immediately available to the subject property.

Surrounding Development
Surrounding development is primarily single-family residences, apartment buildings, vacant lots and various commercial properties including restaurants and hotels/motels along Ski Run Boulevard. The Heavenly Ski Resorts California Base Lodge is located just under a mile from the subject. Lake Tahoe and the Ski Run Marina are located a mile to the north of the subject and the Stateline Casinos are about 1.5 miles away. Overall, the subject property is located in a fairly central location with many popular attractions in the South Lake Tahoe area a short distance away.

Easements, Encumbrances and Restrictions
The subject property is encumbered with deed restrictions as a result of TRPA’s approval to bank and transfer land coverage and commercial floor area off the subject site.

These restrictions are discussed in greater detail herein.

I was not provided with a preliminary title report for the subject property. This appraisal is predicated upon the assumption that aside from the aforementioned deed restrictions, the subject is not materially affected by any exceptions to title that are not typical similar properties in the subject neighborhood.
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Parking
As part of the development of Ski Run Community Park, one new ADA parking space along Ski Run Boulevard was installed. There is on-street parking available within the City right-of-way along Ski Run Boulevard, Spruce Avenue and Willow Avenue. The community park is intended to serve the surrounding residential neighborhood, and it is expected that most visitors will either bike or walk to the community park. Additionally, there is a transit stop located on Ski Run Boulevard in front of the proposed community park.

Best Management Practices (BMP)
The TRPA permit for the subject’s proposed project has been conditioned to require the permittee to submit BMP plans with the Building Application for review by the Planning Division, Parks and Recreation Department and Stormwater Coordinator. It is assumed that in the hypothetical 100% complete state that the subject will be BMP compliant.

Encroachments
Based on my inspection, the subject property does not appear to be affected by any encroachments.

Subject's Sales History
The subject property was purchased by the current owners on June 11, 2021 (Document 39208) for $45,000. The Grantor was Safeway, Inc. The Grantee was Skirunpark, LLC. The Client provided a copy of the purchase and sale agreement and presented this purchased to be between a willing buyer and a willing seller. The property was vacant at the time of sale. At the time of sale, the subject property had 332± square feet of allowable land coverage. It is the understanding of the undersigned that this small amount of land coverage was required to remain on the subject site for use in existing streetscape and cannot be transferred from the subject site. Subsequent to the sale, the deed restrictions related to the transferring additional coverage to the subject site were modified by TRPA to allow for up to 1,447± square feet of land overage on the subject site and this coverage was 163
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transferred to the property. Therefore, the subject was materially enhanced subsequent to the June 11, 2021 sale of the property and the sale price is not probative of the current market value of the property.

Previous to the June 11, 2021 sale of the subject property, the property was owned by Safeway Inc. since 1999. Subsequent to the sale in 1999 the subject’s prior improvements were demolished and the site was restored to a natural state. Almost all of the subject’s banked land coverage and Commercial Floor Area was transferred off the site in 2000 to 2006. Prior to the 1999 sale the property was sold in 1990 for a reported sale price of $172,500.

To the best of the knowledge of the undersigned, the subject property is not presently listed for sale on the open market, nor has it been at any point in the proceeding 12-months. 164
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Tax and Assessment Data (2023-24)
The subject’s 2023-2023 assessed values and resulting real property taxes are as follows:

According to the El Dorado County Treasures Office, as of the date of valuation of this report, there are no unpaid property taxes owing against the either subject property.

Following the enactment of Proposition 13 in the State of California, the assessed value of a property is equivalent to the Assessor's opinion of its taxable value as of a base year, plus annual increases not to exceed 2%.
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Summary
The subject property involves a 0.574± acre (25,003± square foot) parcel located at 1195 Ski Run Boulevard in the City of South Lake Tahoe. The parcel involves basically level topography and is at street grade. The parcel is located in the Tourist Center Mixed Use District along Ski Run Boulevard between Spruce Avenue and Willow Avenue. The surrounding development is primarily single-family residences, apartment buildings, vacant lots and various commercial properties including restaurants to the north along Ski Run Boulevard. The subject property has had almost all its land coverage and development resources transferred off the site and the property has been deed restricted to effectively prevent land coverage or other development resources from being transferred back to the site.

The subject was purchased in 2021 for development of a Community Park and TRPA modified the existing deed restrictions to allow for transfer of land coverage back to the site that was necessary for construction of the approved public park on the site.

Overall, the subject property is considered to feature a desirable location in the central portion of town with direct access from Ski Run Boulevard however, most economic uses of the site are precluded by the deed restrictions against the property resulting from the past transfer of land coverage and development resources from the site. 166
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IMPROVEMENTS UNDER CONSTRUTION
Ski Run Community Park
The subject is presently being developed with a community park including play equipment, turf, gathering space, mural wall, climbing boulder, hill slide, swings, benches, and a community table. The project also includes enhancing a historically non-functioning stream environment zone that is located on the parcel.

The site plan for the project under development is presented as follows:

The improvements are presently under construction and expected to be completed in the summer of 2024.
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The total expected cost for development of the park is summarized as follows Budget Item UPDATE DEC 2023
Design Phase Subtotal 0
Professional Services Subtotal 77,987
Temp Facilities Subtotal 38,185
Utilities Subtotal 15,000
Site Work Subtotal 21,500
Structure Subtotal 65,059
Mechanical Systems Subtotal 9,771
Exterior Finishes Subtotal 171,350
Specialty Equipment Subtotal 328,091
Project Management Subtotal 20,400
SUBTOTAL 747,343
Contractor's Mark Up 674
TOTAL 748,017
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HIGHEST AND BEST USE ANALYSIS
Highest and best use is defined as the most reasonable and probable use that supports the highest present value of the vacant land and/or improved property, as defined, as of the effective date of valuation. Implicit in this definition is that highest and best use must be physically possible, legally permissible, economically feasible and maximally productive. In this analysis the subject site, in its hypothetical as improve state is being addressed. The highest and best use analysis as if vacant will be considered first, followed by the highest and best use in the hypothetical as complete.

As Vacant
The subject site involves a 25,003± square foot site located at 1195 Ski Run Boulevard. The property has 200± feet of frontage along Ski Run Boulevard, 150± feet of frontage along Spruce Avenue and 100± feet of frontage along Willow Avenue. The subject property involves basically level topography. The subject is located in class 1B soils. The property enjoys very good access and exposure. All utilities are reasonably available to the subject site. The property is located along the U.S. Highway 50 commercial corridor with surrounding development including commercial, tourist accommodation, retail and recreation uses. Overall, the site is physically suitable for development.

Legally Permissible
With respect to legally permissible uses, the subject property is located within the Tourist Core Area Plan. The planning statement for “The Tourist Core Area Plan indicates that it encourages general improvement of the built environment. It provides a framework that will change the existing conditions into opportunities for redevelopment with a focus on achieving on the ground environmental improvements consistent with the City’s General Plan and environmental threshold goals of the 2012 regional plan.” The subject property is located with the area designated Tourist Center Mixed Use Corridor (TSC-MUC). This district is “This district is intended to support Ski Run Boulevard 169
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as a multi-modal, mixed-used corridor with a wide array of uses that encourage pedestrian activity. Permissible uses include a rich mixture of employment services, professional offices, commercial, public service, recreation, tourist accommodation and residential organized around an aesthetically-pleasing pedestrian environment.” Permissible uses include tourist accommodation, retail commercial, entertainment, restaurants, recreation and mixed-use residential development.” Economic allowed uses are summarized as follows:

Residential
• Employee Housing
• Multiple Family Dwelling
• Single Family Dwelling (includes condominiums)
Tourist Accommodation
• Hotel, Motel, Other Transient Dwelling Units
• Bed & Breakfast Facilities
• Timesharing
Retail Commercial
• General Retail and Personal Services
• Nursery
• Eating and Drinking Places
Service Commercial
• Healthcare Services
• Professional Offices
General Public Service
• Daycare Centers/Preschool
• Government Offices
• Local Public Health and Safety Facilities
• Social Services Organizations
Recreation
• Day Use Areas
In addition, Resource Management and Open Space uses are also allowed. Various other uses are allowed with a Special Use Permit. The minimum lot size is 10,000± square feet, with a minimum lot width of 80± feet and a minimum lot depth of 100± feet. The maxim density for employee housing family is 15 units per acre. The maximum allowable density with multi-person dwellings is 25 units per acres. The maximum density for tourist 170
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accommodation units (dwelling units/acre) is 40 units. The maximum building height is 56 feet with a maximum of four stories.

Overall, based upon the current zoning, it would appear that the property could be developed with a variety of tourist accommodation, residential, retail and professional office utilizations.

The subject property has approvals from the City of South Lake Tahoe and TRPA as part of File # 22-004 for constructing a community park that will be donated to the City. The proposed project is the construction of a community park including play equipment, turf, gathering space, mural wall, climbing boulder, hill slide, swings, benches, and a community table. The project also includes enhancing a historically non-functioning stream environment zone that is located on the parcel.

On June 15, 2021, The City accepted the donation and entered into a Memorandum of Understanding with the Friends of Ski Run, a California non-profit public benefit corporation, to collaboratively identify and implement improvements related to the construction, maintenance, and preservation of the community park. Upon completion, the City is responsible for the operation and maintenance of the park.

The subject has been deed restricted concurrent with various transfers of land coverage and development resources from the site in 2000 to 2006 and as a result new transfers of land coverage and development resources are not allowed. Additionally, a 2024 deed restriction modifies the prior 2000 to 2006 deed restrictions to allow for the proposed and approved public park use of the property.

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the stie and the lack of on-site parking, the ability to use the site for anything other than the approved recreation use would be speculative.

In conclusion, based upon a careful review and analysis, it is my opinion that the highest and best use of the subject site as vacant is for assemblage with an adjacent parcel to provide density for future development or for allowable recreation uses.

Hypothetical As Complete
In its hypothetical as complete state, the subject property will be improved with a community park as summarized herein. The park will not have any buildings structures or on-site parking. The ability to generate revenue from the park would be very limited and any revenue generated would likely be less than the operating and maintenance costs of the property.

The potential market for purchase of a public park is extremely limited and the most likely buyer would be a municipality. The park improvements, in their hypothetical as complete state, are likely not of significant value to a prospective purchaser. Overall, the highest and best use as improved is for assemblage with an adjacent parcel to provide density for future development or for allowable recreation purposes. 172
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INTRODUCTION TO VALUATION ANALYSIS
To establish the Market Value of the subject site, I have considered all three approaches to value: the Income Approach, the Cost Approach, and the Sales Comparison Approach. As land is not typically valued based on its income generating potential, the Income approach will not be used in this analysis. As the subject property is vacant, the Cost Approach is not an applicable method by which to value the subject property. Therefore, the only appropriate method by which to value the subject property is the Sales Comparison Approach. The Sales Comparison Approach is based on the principle of substitution, which holds that the value of the subject property tends to be set by the price that would be paid to acquire a substitute property of similar utility and desirability.

The subject’s park improvements are not considered to contribute materially to the Market Value of the subject site due to the speculative nature of generating positive net income or producing value for a prospective buyer of the property. The highest and best use of the property is for open space or day use areas or to combine with an adjacent parcel for density. The existing improvements contribute, at most, nominally towards the highest and best use of the subject property.

To establish an estimate of the Market Value of the subject property, I researched land sales in the South Lake Tahoe area. All comparables that were found were investigated, analyzed and compared to the subject property. In the Sales Comparison Approach, I will analyze the land sales based on the sale price per square foot of total land area basis.

The sales data is set forth on the following chart and sale profile sheets. 173
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COMPARABLE LAND SALES MAP

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COMPARABLE LAND SALE PROFILE SHEET
Sale CLS-1
Property Address: 2180 Barton Avenue City: South Lake Tahoe Property Location: SEC of Third Street and
Barton Avenue
County: El Dorado
A.P.N.: 023-241-046 State: California
Topography: Level Legal Description: Portion of Lot 6 of Block 4 of Tamarack
Subdivision Addition No.
1 Total Land Area: 10,890± square feet Zoning: Tahoe Valley Area Plan – Neighborhood
Professional
Available Land
Coverage:
3,267± square feet
(base allowable)
% of Land Coverage
to Total Land Area:

30.0% base allowable
TRPA Development
Resources:

None CFA to Land Area
Ratio
NA
Sale Price Per SF of
Land Area
$4.59 Sale Price: $50,000
Sale Date: 08/13/2019 Document Number: 36462
Grantor: City of South Lake Tahoe Terms Of Sale: Cash to Seller Grantee: Emerald Bay Properties, LLC Verification: Kevin Fabino, City of South Lake Tahoe and
appraisal files
Comments: . As part of the Tahoe Valley Area Plan, the comparable property is eligible for up to 70% land coverage and possible bonuses in commercial floor area. However, any land coverage above the base of 30% will require land coverage rights to be transferred to the site. The comparable features primarily level topography at street grade. All utilities are in close proximity/installed to the property. The comparable has an irregular site which would make economic development of the site on a stand-along basis difficult. The surrounding development is comprised primarily of highway retail, medical facilities and offices, and single and multi-family development. The quality of development ranges from fair to good. It is noted that Third Street is the primary street connecting Barton Memorial Hospital to Lake Tahoe Boulevard. The sale price was based on an appraisal. 176
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COMPARABLE LAND SALE PROFILE SHEET
Sale CLS-2
Property Address: 1242 Emerald Bay Road City: South Lake Tahoe Property Location: W/S Of Emerald Bay Road
between D and F Streets
County: El Dorado
A.P.N.: 032-151-004 State: California
Topography: Level Legal Description: Lot 10, Block 1 WD Barton
Total Land Area: 43,600±sf Zoning: Bonanza
Available Land
Coverage:
13,104±sf % of Land Coverage
to Total Land Area:

30.1%
TRPA Development
Resources:

None CFA to Land Area
Ratio
Na
Sale Price Per SF of
Land Area
$6.17 Sale Price: $269,000
Sale Date: 10/16/2020 Document Number: 58436
Grantor: Robert Odom Terms Of Sale: Cash
Grantee: Kuelper Construction, Inc. Verification: MLS and County Records Comments: This comparable is located along Emerald Bay Road near the “Y” intersection in South Lake Tahoe. The comparable was purchased by a local construction company. 177
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COMPARABLE LAND SALE PROFILE SHEET
Sale CLS-3
Property Address: 906 Emerald Bay Road City: South Lake Tahoe Property Location: NWC of Emerald Bay Road
and 5th Street
County: El Dorado
A.P.N.: 023-182-028 State: California
Topography: Level Legal Description: Portion of Sec 4, T 12 N, R 18E
Total Land Area: 21,780±sf Zoning: Tahoe Valley Area Plan Available Land
Coverage:
6,534±sf % of Land Coverage
to Total Land Area:

30.0%
TRPA Development
Resources:

None CFA to Land Area
Ratio
NA
Sale Price Per SF of
Land Area
$10.56 Sale Price: $230,000
Sale Date: 10/26/2020 Document Number: 60597
Grantor: Tahoe Tallac Partner, LLC Terms Of Sale: Cash
Grantee: Eric Barstad Verification: MLS and County Records Comments: The parcel was developed subsequent to the purchase with 6 detached residential units with attached garages. The developer intends to subdivide the residential units into condominiums for vacation home rentals. The project required a Major Design Review, which was submitted for approval subsequent to the sale. 178
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COMPARABLE LAND SALE PROFILE SHEET
Sale CLS-4
Property Address: 1190 Emerald Bay Road City: South Lake Tahoe Property Location: SWC of D Street and
Emerald Bay Road
County: El Dorado
A.P.N.: 032-151-001 State: California
Topography: Level Legal Description:

Total Land Area: 46,560±sf Zoning: Tahoe Valley Area Plan Available Land
Coverage:
13,068±sf % of Land Coverage
to Total Land Area:

30.0%
TRPA Development
Resources:

None CFA to Land Area
Ratio
NA
Sale Price Per SF of
Land Area
$9.87 Sale Price: $430,000
Sale Date: 3/2/2022 Document Number: 10079
Grantor: Turner Family Trust Terms Of Sale: Cash
Grantee: Kelly Properties, Inc Verification: MLS and County Records Comments: This comparable includes a vacant parcel within the Tahoe Valley Area Plan along Emerald Bay Road. 179
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COMPARABLE LAND SALES DISCUSSION AND COMPARISON
Price Per square foot of land area
Four comparables have been profiled and presented. The total sale prices range from $50,000 to $430,000. The sales range in price per square foot of land area from $4.59 to $9.87.

Sale CLS-1 is the sale of a 10,890± square foot vacant site at the corner of Barton Avenue and Third Street in South Lake Tahoe. The comparable had 3,267± square feet of base allowable land coverage. The comparable had an irregular shape that would make standalone development of the parcel challenging. The parcel is located in Class 7 soils and within the Tahoe Valley Area Plan. The comparable sold for $50,000, which equates to a price per square foot of land area of $4.59.

In comparison to the subject property, upward adjustments are necessary for the comparable’s older date of sale in 2019, since which time the market has appreciated, and the inferior shape of the comparable. On the other hand, a downward adjustment is made for the comparable’s smaller land area. All else equal there is typically an inverse relationship between price per square foot and total land area. An additional downward adjustment is necessary for the comparable’s greater land coverage to land area ratio.

Overall, CLS-1’s sale price of $4.59 per square foot of land area is considered to be a slightly low indication of value for the subject property.

Sale CLS-2 is the sale of a 43,600± square foot vacant site on the west side of Emerald Bay Road between D and F Streets in South Lake Tahoe. The comparable had 13,104± square feet of base allowable land coverage at the time of sale. The parcel is located in Class 7 soils and within the Bonanza plan area statement. The comparable sold for $269,000, which equates to a price per square foot of land area of $6.17. 180
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In comparison to the subject property, upward adjustments are necessary for the comparable’s date of sale in 2020, since which time the market has appreciated. An additional upward adjustment is made for the comparable’s larger site size. All else equal, there is an inverse relationship between site size and price per square foot. On the other hand, downward adjustments are necessary for the comparable’s superior highway frontage and the comparable’s superior land coverage to land area ratio.

Overall, CLS-2’s sale price of $6.17 per square foot of land area is considered to be a good indication of value for the subject property.

Sale CLS-3 is the sale of a 21,780± square foot vacant site (at the time of sale) at the corner of 5th Street and Emerald Bay Road in South Lake Tahoe. The comparable had 6,534± square feet of base allowable land coverage at the time of sale. The parcel was developed subsequent to the sale. The parcel is located in Class 7 soils and within the Tahoe Valley Area Plan. The comparable sold for $230,000, which equates to a price per square foot of land area of $10.56.

In comparison to the subject property, an upward adjustment is made for the comparables date of sale in 2020. On the other hand, downward adjustments are necessary for the comparable’s superior highway frontage and the comparable’s superior land coverage to land area ratio.

Overall, CLS-3’s sale price of $10.56 per square foot of land area is considered to be a high indication of value for the subject property.

Sale CLS-4 is the sale of a 46,560± square foot vacant site at the corner of D Street and Emerald Bay Road in South Lake Tahoe. The comparable had 13,068± square feet of base allowable land coverage at the time of sale. The parcel is located in Class 7 soils and within the Tahoe Valley Area Plan. The comparable sold for $430,000, which equates to a price per square foot of land area of $9.87.
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In comparison to the subject property, an upward adjustment is necessary for the comaprable’s larger site size. On the other hand, downward adjustments are necessary for the comparable’s superior highway frontage and the comparable’s superior land coverage to land area ratio.

Overall, CLS-4’s sale price of $9.87 per square foot of land area is considered to be a slightly high indication of value for the subject property.

Summary and Final Reconciliation
Overall, based on the comparable sales, and with consideration given to the subject’s location, zoning, base allowable land coverage percentage, the existing park improvements and the existing deed restrictions, the comparable sales support a value of $6.00 to 8.00 per square foot of land area. Multiplying this range by the subject’s land area of 25,003± square feet of land area results in an indicated value range of $150,018 to $200,024.

With consideration given to the positive and negative aspects of the subject property, the comparable sales identified, it is my opinion that the Market Value of the subject property, in its hypothetical as complete state, as of June 3, 2024, is $175,000.

FINAL MARKET VALUE CONCLUSION $175,000
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EXPOSURE TIME ANALYSIS
Exposure time is defined in the Uniform Standards of Professional Appraisal Practice as “The length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market.”
In general, properties listed for sale at a price above market value will require an extended exposure time. Conversely, properties listed for sale at a price below market value will usually require a relatively short exposure time. Based on the speculative highest and best use of the subject property and the very limited pool of potential buyers who may be interested in the subject site, it is my opinion that a reasonable exposure time for this property is 12 to 24 months.

EXPOSURE TIME 12 to 24 Months

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APPRAISER’S CERTIFICATION
Each of the undersigned does hereby certify that, unless otherwise noted in this appraisal report:

I have made a personal inspection of the property that is the subject of this report.

I have no present or contemplated future interest in the real estate that is the subject of this appraisal report.

I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.

I have provided professional valuation services within the three years prior to date of acceptance of this assignment.

To the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analysis, opinions and conclusions herein are based, are true and correct.

This report sets forth all the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analysis, opinions and conclusions contained in this report.

This appraisal report has been made in conformity and is subject to the requirements of the Code of Professional Ethics of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation.

My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.

My engagement in this assignment was not contingent upon developing or reporting predetermined results.

No one other than the undersigned prepared the analyses, conclusions and opinions concerning real estate that are set forth in this appraisal report. 184
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The undersigned has not provided any professional valuation services in relation to the property that is subject of this appraisal within the three years prior to the issuance of this appraisal.

The Appraisal Institute conducts a mandatory program of continuing education for its designated members. As of the date of this report, Benjamin Q. Johnson has completed the requirements under the continuing education program of the Appraisal Institute.

The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.

Respectfully Submitted,
Benjamin Q. Johnson, MAI
California Certified General Appraiser
License #AG043925
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STANDARD ASSUMPTIONS AND LIMITING CONDITIONS
The acceptance of this appraisal assignment and the completion of the appraisal report submitted herewith are contingent upon the following assumptions and limiting conditions.

LIMITS OF LIABILITY
This report was prepared by Johnson Valuation Group, Ltd. All opinions, recommendations, and conclusions expressed during the course of this assignment are rendered by the staff of Johnson Valuation Group, Ltd., as employees, not as individuals. The liability of Johnson Valuation Group, Ltd. and its employees and associates is limited to the client only and to the fee actually received by the appraisal firm. There is no accountability, obligation, or liability to any third party. If the appraisal report is disseminated to anyone other than the client, the client shall make such party or parties aware of all limiting conditions and assumptions affecting the appraisal assignment. Neither the appraisers nor the appraisal firm is in any way to be responsible for any costs incurred to discover or correct any physical, financial and/or legal deficiencies of any type present in the subject property. In the case of limited partnerships or syndication offerings or stock offerings in real estate, the client agrees that in the event of a lawsuit brought by a lender, a partner or part owner in any form of ownership, a tenant or any other party, the client will hold the appraiser(s) and the appraisal firm completely harmless in such action with respect to any and all awards or settlements of any type in such lawsuits.

COPIES, PUBLICATION, DISTRIBUTION AND USE OF REPORT
Possession of this report or any copy thereof does not carry with it the right of publication, nor may it be used for any purpose or any function other than its intended use, as stated in the body of the report. The appraisal fee represents compensation only for the analytical services provided by the appraiser(s). The appraisal report remains the property of the appraisal firm, though it may be used by the client in accord with these assumptions and limiting conditions.

This appraisal is to be used only in its entirety, and no part is to be used without the whole report. All conclusions and opinions concerning the analysis as set forth in the report were prepared by the appraiser(s) whose signature(s) appears on the appraisal report, unless it is indicated that one or more of the appraisers was acting as "Review Appraiser." No change of any item in the report shall be made by anyone other than the appraiser(s). The appraiser(s) and the appraisal firm shall bear no responsibility for any such unauthorized changes.

CONFIDENTIALITY
Except as provided for subsequently, neither the appraiser(s) nor the appraisal firm may divulge the analyses, opinions or conclusions developed in the appraisal report, nor may they give a copy of the report to anyone other than the client or his designee as specified in writing.

However, this condition does not apply to any requests made by the Appraisal Institute for purposes of confidential ethics enforcement. Also, this condition does not apply to any order or request issued by a court of law or any other body with the power of subpoena.

INFORMATION SUPPLIED BY OTHERS
Information (including projections of income and expenses) provided by informed local sources, such as government agencies, financial institutions, Realtors, buyers, sellers, property owners, bookkeepers, accountants, attorneys, and others is assumed to be true, correct and 186
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reliable. No responsibility for the accuracy of such information is assumed by the appraiser(s).

Neither the appraiser(s) nor the appraisal firm is liable for any information or the work product provided by subcontractors. The client and others utilizing the appraisal report are advised that some of the individuals associated with Johnson Valuation Group, Ltd. are independent contractors and may sign the appraisal report in that capacity. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit or other sources thought reasonable. To the best of our judgment and knowledge, all such information is considered appropriate for inclusion. In some instances, an impractical and uneconomic expenditure of time would be required in attempting to furnish absolutely unimpeachable verification. The value conclusions set forth in the appraisal report are subject to the accuracy of said data. It is suggested that the client consider independent verification as a prerequisite to any transaction involving a sale, a lease or any other commitment of funds with respect to the subject property.

TESTIMONY, CONSULTATION, COMPLETION OF CONTRACT FOR APPRAISAL SERVICE The contract for each appraisal, consultation or analytical service is fulfilled and the total fee is payable upon completion of the report. The appraisers(s) or those assisting in the preparation of the report will not be asked or required to give testimony in court or in any other hearing as a result of having prepared the appraisal, either in full or in part, except under separate and special arrangements at an additional fee. If testimony or a deposition is required, the client shall be responsible for any additional time, fees and charges, regardless of the issuing party. Neither the appraiser(s) nor those assisting in the preparation of the report is required to engage in post- appraisal consultation with the client or other third parties, except under a separate and special arrangement and at an additional fee.

EXHIBITS AND PHYSICAL DESCRIPTIONS
It is assumed that the improvements and the utilization of the land are within the boundaries of the property lines of the property described in the report and that there is no encroachment or trespass unless noted otherwise within the report. No survey of the property has been made by the appraiser(s) and no responsibility is assumed in connection with such matters. Any maps, plats, or drawings reproduced and included in the report are there to assist the reader in visualizing the property and are not necessarily drawn to scale. They should not be considered as surveys or relied upon for any other purpose, nor should they be removed from, reproduced or used apart from the report.

TITLE, LEGAL DESCRIPTIONS, AND OTHER LEGAL MATTERS
No responsibility is assumed by the appraiser(s) or the appraisal firm for matters legal in character or nature. No opinion is rendered as to the status of title to any property. The title is presumed to be good and merchantable. The property is appraised as if free and clear, unless otherwise stated in the appraisal report. The legal description, as furnished by the client, his designee or as derived by the appraiser(s), is assumed to be correct as reported. The appraisal is not to be construed as giving advice concerning liens, title status, or legal marketability of the subject property.

ENGINEERING, STRUCTURAL, MECHANICAL, ARCHITECTURAL CONDITIONS This appraisal should not be construed as a report on the physical items that are a part of any property described in the appraisal report. Although the appraisal may contain information about these physical items (including their adequacy and/or condition), it should be clearly understood that this information is only to be used as a general guide for property valuation and not as a complete or detailed report on these physical items. The appraiser(s) is not a 187
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construction, engineering, or architectural expert, and any opinion given on these matters in this report should be considered tentative in nature and is subject to modification upon receipt of additional information from appropriate experts. The client is advised to seek appropriate expert opinion before committing any funds to the property described in the appraisal report.

Any statement in the appraisal regarding the observed condition of the foundation, roof, exterior walls, interior walls, floors, heating system, plumbing, insulation, electrical service, all mechanicals, and all matters relating to construction is based on a casual inspection only.

Unless otherwise noted in the appraisal report, no detailed inspection was made. For instance, the appraiser is not an expert on heating systems, and no attempt was made to inspect the interior of the furnace. The structures were not investigated for building code violations, and it is assumed that all buildings meet the applicable building code requirements unless stated otherwise in the report.

Such items as conditions behind walls, above ceilings, behind locked doors, under the floor, or under the ground are not exposed to casual view and, therefore, were not inspected, unless specifically so stated in the appraisal. The existence of insulation, if any is mentioned, was discovered through conversations with others and/or circumstantial evidence. Since it is not exposed to view, the accuracy of any statements regarding insulation cannot be guaranteed.

Because no detailed inspection was made, and because such knowledge goes beyond the scope of this appraisal, any comments on observed conditions given in this appraisal report should not be taken as a guarantee that a problem does not exist. Specifically, no guarantee is given as to the adequacy or condition of the foundation, roof, exterior walls, interior walls, floors, heating systems, air conditioning systems, plumbing, electrical service, insulation, or any other detailed construction matters. If any interested party is concerned about the existence, condition, or adequacy of any particular item, we would strongly suggest that a mechanical and/or structural inspection be made by a qualified and licensed contractor, a civil or structural engineer, an architect or other experts. This appraisal report is based on the assumption that there are no hidden, unapparent or apparent conditions on the property or improvements which would materially alter the value as reported. No responsibility is assumed for any such conditions or for any expertise or engineering to discover them. All mechanical components are assumed to be in operable condition and standard for the properties of the subject type. Conditions of heating, cooling, ventilating, electrical and plumbing equipment are considered to be commensurate with the condition of the balance of the improvements unless otherwise stated. No judgment is made in the appraisal as to the adequacy of insulation, the type of insulation, or the energy efficiency of the improvements or equipment which is assumed to be standard for the subject's age, type and condition.

TOXIC MATERIALS AND HAZARDS
Unless otherwise stated in the appraisal report, no attempt has been made to identify or report the presence of any potentially toxic materials and/or condition such as asbestos, urea formaldehyde foam insulation, PCBs, any form of toxic waste, polychlorinated biphenyl, pesticides, lead-based paints or soils or ground water contamination on any land or improvements described in the appraisal report. Before committing funds to any property, it is strongly advised that appropriate experts be employed to inspect both land and improvements for the existence of such potentially toxic materials and/or conditions. If any potentially toxic materials and/or conditions are present on the property, the value of the property may be adversely affected and a re-appraisal at an additional cost may be necessary to estimate the effects of such circumstances.

SOILS, SUB-SOILS, AND POTENTIAL HAZARDS
It is assumed that there are no hidden or unapparent conditions of the soils or sub-soil which would render the subject property more or less valuable than reported in the appraisal. 188
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No engineering or percolation tests were made and no liability is assumed for soil conditions.

Unless otherwise noted, the land and the soil in the area being appraised appeared to be firm, but no investigation has been made to determine whether or not any detrimental sub-soil conditions exist. Neither the appraiser(s) nor the appraisal firm is liable for any problems arising from soil conditions. These appraisers strongly advise that, before any funds are committed to a property, the advice of appropriate experts be sought.

If the appraiser(s) has not been supplied with a termite inspection report, survey or occupancy permit, no responsibility is assumed and no representation is made for any costs associated with obtaining same or for any deficiencies discovered before or after they are obtained.

Neither the appraiser(s) nor the appraisal firm assumes responsibility for any costs or for any consequences arising from the need or lack of need for flood hazard insurance. An Agent for the Federal Flood Insurance Program should be contacted to determine the actual need for flood hazard insurance.

ARCHEOLOGICAL SIGNIFICANCE
No investigation has been made by the appraiser and no information has been provided to the appraiser regarding potential archeological significance of the subject property or any portion thereof.

This report assumes no portion of the subject property has archeological significance.

LEGALITY OF USE
This appraisal report assumes that there is full compliance with all applicable federal, state and local environmental regulations and laws, unless non-compliance is stated, defined and considered in the appraisal report. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a non-conformity has been stated, defined and considered in the appraisal report. It is assumed that all required licenses, consents, or other legislative or administrative authority from any local, state or national government, private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based.

COMPONENT VALUES
Any distribution of the total value between the land and improvements, between partial ownership interests or any other partition of total value applies only under the stated use. Moreover, separate allocations between components are not valid if this report is used in conjunction with any other analysis.

COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The Americans with Disabilities Act ("ADA") became effective January 26, 1992. It is assumed that the property is in direct compliance with the various detailed requirements of the ADA.

AUXILIARY AND RELATED STUDIES
No environmental or impact studies, special market studies or analyses, special highest and best use studies or feasibility studies have been requested or made by the appraiser(s) unless otherwise specified in an agreement for services and so stated in the appraisal report.

DOLLAR VALUES AND PURCHASING POWER
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The estimated market value set forth in the appraisal report and any cost figures utilized are applicable only as of the date of valuation of the appraisal report. All dollar amounts are based on the purchasing power and price of the dollar as of the date of value estimates.

ROUNDING
Some figures presented in this report were generated using computer models that make calculations based on numbers carried out to three or more decimal places. In the interest of simplicity, most numbers have been rounded. Thus, these figures may be subject to small rounding errors.

QUANTITATIVE ANALYSIS
Although this analysis employs various mathematical calculations to provide value indications, the final estimate is subjective and may be influenced by our experience and other factors not specifically set forth in this report.

VALUE CHANGE, DYNAMIC MARKET, ALTERATION OF ESTIMATE BY APPRAISER All values shown in the appraisal report are projections based on our analysis as of the date of valuation of the appraisal. These values may not be valid in other time periods or as conditions change.

Projected mathematical models set forth in the appraisal are based on estimates and assumptions which are inherently subject to uncertainty and variations related to exposure, time, promotional effort, terms, motivation, and other conditions. The appraiser(s) does not represent these models as indicative of results that will actually be achieved. The value estimates consider the productivity and relative attractiveness of a property only as of the date of valuation set forth in the report.

In cases of appraisals involving the capitalization of income benefits, the estimate of market value, investment value or value in use is a reflection of such benefits and of the appraiser's interpretation of income, yields and other factors derived from general and specific client and market information. Such estimates are as of the date of valuation of the report, and are subject to change as market conditions change.

This appraisal is an estimate of value based on analysis of information known to us at the time the appraisal was made. The appraiser(s) does not assume any responsibility for incorrect analysis because of incorrect or incomplete information. If new information of significance comes to light, the value given in this report is subject to change without notice. The appraisal report itself and the value estimates set forth therein are subject to change if either the physical or legal entity or the terms of financing are different from what is set forth in the report.

ECONOMIC AND SOCIAL TRENDS
The appraiser assumes no responsibility for economic, physical or demographic factors which may affect or alter the opinions in this report if said economic, physical or demographic factors were not present as of the date of value of this appraisal. The appraiser is not obligated to predict future political, economic or social trends.

EXCLUSIONS
Furnishings, equipment, other personal property and value associated with a specific business operation are excluded from the value estimate set forth in the report unless otherwise indicated. Only the real estate is included in the value estimates set forth in the report unless otherwise stated.
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SUBSURFACE RIGHTS
No opinion is expressed as to the value of subsurface oil, gas or mineral rights or whether the property is subject to surface entry for the exploration or removal of such materials, except as is expressly stated.

PROPOSED IMPROVEMENTS, CONDITIONED VALUE
It is assumed in the appraisal report that all proposed improvements and/or repairs, either on-site or off-site, are completed in an excellent workmanlike manner in accord with plans, specifications or other information supplied to these appraisers and set forth in the appraisal report, unless otherwise explicitly stated in the appraisal. In the case of proposed construction, the appraisal is subject to change upon inspection of the property after construction is completed. The estimate of market value is as of the date specified in the report. Unless otherwise stated, the assumption is made that all improvements and/or repairs have been completed according to the plans and that the property is operating at levels projected in the report.

MANAGEMENT OF PROPERTY
It is assumed that the property which is the subject of the appraisal report will be under typically prudent and competent management which is neither inefficient nor superefficient.

FEE
The fee for any appraisal report, consultation, feasibility or other study is for services rendered and, unless otherwise stated in the service agreement, is not solely based upon the time spent on any assignment.

LEGAL EXPENSES
Any legal expenses incurred in defending or representing ourselves concerning this assignment will be the responsibility of the client.

CHANGES AND MODIFICATIONS
The appraiser(s) reserves the right, at the cost of the client, to alter statements, analyses, conclusions, or any value estimates in the appraisal if any new facts pertinent to the appraisal process are discovered which were unknown on the date of valuation of this report.

DISSEMINATION OF MATERIAL
Neither all nor any part of the contents of this report shall be disseminated to the general public through advertising or sales media, public relations media, new media or other public means of communication without the prior written consent and approval of the appraiser(s).

The acceptance and/or use of the Appraisal Report by the client or any third party constitutes acceptance of the Assumptions and Limiting Conditions set forth in the preceding paragraphs. The appraiser’s liability extends only to the specified client, not to subsequent parties or users. The appraiser’s liability is limited to the amount of the fee received for the services rendered.
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QUALIFICATIONS OF APPRAISER
BENJAMIN Q. JOHNSON
Professional Designations
MAI – Designated Member of the Appraisal Institute
State Licensing and Certification
Certified General Appraiser – State of California
License Number AG043925
(Certified through April 29, 2026)

Certified General Appraiser – State of Nevada
License Number A.0205542-CG
(Certified through November 30, 2024)
Professional Experience
Johnson Valuation Group, Ltd. 2015 to Present
Partner

Johnson-Perkins & Associates, Inc.

Principal Appraiser 2009 to 2015
Senior Appraiser 2008 to 2009
Intern Appraiser 2006 to 2008
Research Assistant 2005 to 2006
General Electric 2002-2004
Finance Intern (Summers Only)
Formal Education
Santa Clara University – Santa Clara, CA 2005
Bachelor of Science in Commerce; Major in Economics
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QUALIFICATIONS OF
BENJAMIN Q. JOHNSON, (CONTINUED)
Qualified as an Expert Witness
Nevada State District Courts
California Superior Courts
Federal Courts
Offices Held and Appointments
Tahoe-Douglas Fire Protection District - Trustee 2023 to present

Nevada State Board of Equalization –Board Member 2012 to 2022 (Appointed in 2012 and Reappointed in 2016 by Governor Brian Sandoval)

Tahoe Regional Planning Agency
Land Use Commodities Market Steering Committee 2014
Appraisal Institute
Reno-Carson-Tahoe Chapter
Director 2011
Secretary 2012
Vice-President 2013
President 2014
Treasurer 2015
Chair of Candidate Guidance Committee 2013 to 2015
Nevada Chapter
Northern Nevada Branch Chapter -Vice Chair 2017
Northern Nevada Branch Chapter – Chair 2018
Region 1
Nominating Committee 2015 to 2016

Eagle Scout Board of Review, Board Member 2016 to Present Association Memberships and Affiliations
Leadership Development and Advisory Council (LDAC) 2010 Executives Association of Reno (EAR) 2009 to 2012
Tahoe Regional Young Professionals (TRYP) 2015 to 2016
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Ski Run Park
DRAFT Construction Documents
April 6, 2022
1195 SKI RUN BOULEVARD,

SOUTH LAKE TAHOE, CA
APN 027-161-030-000
Once the location of the Slalom Inn, a fenced empty lot at the corner of Willow Avenue and Ski Run Boulevard will soon be a neighborhood pocket park thanks to the generous donation to the Friends of Ski Run.

The Safeway Corporation bought the aging Slalom Inn to use its associated development rights in 1999 when they built the new South Lake Tahoe Safeway at Johnson and Lake Tahoe Boulevards (the existing Safeway was smaller and located near where the current gas station is located). They then tore down the motel and the .57 acre corner lot has remained vacant since then.

The parcel is subject to deed restrictions that it be "restored and maintained in as natural a state as possible" and that prohibit the transfer back of commercial floor area to the parcel, such that it has limited potential uses and is a good candidate for park use.

Three families make up The Friends of Ski Run, and they closed escrow on the parcel Friday, June 11 under their newly created entity called Ski Run Park LLC. They are now donating the property to the City of South Lake Tahoe for use as a community park. The property donation was made possible by Wynn and Lauren Ruji, Lincoln and Galena Else, Chris and Victoria McNamara, and Corey and Marina Rich. They have been diligently advocating for this project for six years as they recognized the need for a gathering place for the neighborhood.

On June 15, 2021, the South Lake Tahoe City Council accepted the donation. Creating a park will support the City Council's strategic priority of developing "a park or community garden in every neighborhood". The two parties have negotiated a Memorandum of Understanding (MOU) to set forth their mutual objectives and responsibilities with respect to the proposed Ski Run Park.

Parcel Size: .57 Acres
Exsting Zoning District: Tourist Core Area Plan - Tourist Center Mixed Use Corridor (TSC-MUC)
LANDSCAPE ARCHITECT:

DESIGNWORKSHOP
Ben Fish
PO Box 5666
128 Market Street, Suite 3E
Stateline, NV 89449-5666
Sheet Index
OWNER

SKIRUNPARK LLC
1111 Ski Run Blvd.

South Lake Tahoe, CA
96150
Phone: 530-545-0424
Project Description
Sheet
No.

Sheet Title
L1-1 Site Materials Plan ● ● ●
L2-1 Site Details ● ● ●
L2-2 Site Details ● ● ●
L2-3 Site Details ● ● ●
L2-4 Site Details ● ● ●
L2-5 Site Details ● ● ●
L3-1 Grading Plan ●
L4-1 Coverage Plan ●

Jan. 17, 2022
Contractor:

Sierra Sustainable Builders
PO Box 17514
South Lake Tahoe, CA
96151
March 30, 2022

PROJECT SITE
April 8, 2022
194
SKI RUN BOULEVARD (1b) (5)
X
X
X
X
X
X
X
X
X

X X X X X X X X
X
X
X
X
X
X
X
X
X

X X X X
X
X
X
X
X
X
X
X

X X X X X X X X X X X X X
X
X
X
X
X
X
X
SLOPE 3%
SLOPE 3%
SLOPE 4.9%
6265
6266
6265
6264
6267

MATCH EXISTING GRADE AT PATH
Populus tremuloides Quaking Aspen 2" Caliper BOTANICAL NAME COMMON NAME SHEET QTY. SIZE PLANT LIST 4 MATERIAL QUANTITY SYMBOL LEGEND Concrete Paving 298 sf Engineered Wood Fiber Surface 5,466 sf Lawn 4,900 sf Achillea millefolium Yarrow 12 5 Gallon Penstemon strictus Penstemon 13 5 Gallon Leucanthemum x superbum Shasta Daisy 15 5 Gallon NOTE: Revegetation for all disturbed areas, Sierra Wildflower Mix by Comstock Seed Landscape
Materials, Planting NORTH ORIGINAL SCALE: 0 5 10 1"=10'-00" 20 L1-1 EXISTING ASPHALT PATH TURF AREA Ski Run Park
City of South Lake Tahoe, CA
April 6, 2022
1195 Ski Run Blvd.

C
# DATE DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN:
1 REVISIONS Pro Bono
2 3 4 5 6 7
A
BCDE C O P Y R I G H T D E S I G N W O R K S H O P, I N C. Construction Documents (Not for Construction)F 8 9
1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M DESIGN WORKSHOP Landscape Architecture · Land Planning Urban Design · Tourism Planning PO Box 5666 Suite 3E Stateline, Nevada 89449 128 Market Street (775) 588-5929 SITE KEYNOTES: DETAIL / SHEET 1.0 PAVEMENTS 1.1 CIP Concrete Band 4.0 PLANTING AND LANDSCAPE 4.1 Deciduous Tree Planting 1 / L2.1 1 / L2.3 2.0 SITE FURNISHINGS & PLAY EQUIPMENT 2.2 Picnic Table 6 / L2.1 2.1 Bench 5 / L2.1 2.3 2.4 Community Table 7 / L2.1 1.2 Engineered Wood Fiber Surface 2 / L2.1 4.2 Perrennial Planting 2 / L2.3 4.3 Groundcover 3 / L2.3 4.4 Turf 4 / L2.3 3.0 MISCELLANEOUS SITE ELEMENTS 3.1 Fence 2 / L2.3 4 / L2.3 2.5 Drinking Fountain 8 / L2.1 Recycling and Trash Receptacle 1 / L2.2 1.3 Permeable Pavers 3 / L2.1 2.6 Bike Rack 2 / L2.2 2.7 Park Sign 3 / L2.3 2.8 Iconic Play Structure 3 / L2.2 2.9 2.10 Bird's Nest Swing 4 / L2.2 Hillside Slide 5 / L2.2 2.11 Climbing Boulder 1 / L2.3 4.5 Landscape Boulder 4 / L2.3 3.2 Mural Wall 1.4 Concrete Paving 4 / L2.1 3.3 Chairlift Bench 5 / L2.3 EXISTING TRANSIT SHELTER EXISTING CURB AND GUTTER EXISTING TURF 3.1 PLAY AREA LANDFORM EXISTING REVEGETATION AREA TO REMAIN AND BE ENHANCED 2.3 2.11 1.2 2.1 3.2 1.3 1.1 1.4 3.1 4.5 EXISTING TREE (TYPICAL) EXISTING TREE (TYPICAL) EXISTING TREE (TYPICAL) 2.10 1.2 2.8 2.1 2.6 2.5 2.7 2.9 3.1 2.1 4.5 2.4 Permeable Pavers 845 sf CIP Concrete Band 670 lf NEW ADA PARKING (BY CITY) DOG WASTE RECEPTACLE REVEGETATION NOTES 1. All areas disturbed by construction activities shall be revegetated if not shown improved with another material. Additional revegetation may be required beyond what is shown on plans. 2. A minimum of two inches (2") of topsoil shall be placed on all disturbed areas. Topsoil shall include all of the organic-rich layer of soil immediately under the duff layer. Topsoil shall be stored with minimal handling and no compaction, and it should not be mixed with spoil material. 3. Disturbed areas that are compacted or have experienced heavy vehicle and equipment use shall be plowed with a ripper or other deep tillage implement where feasible to a depth of 6"-12". Soil may be loosened with a backhoe bucket equipped with cutting teeth if loosening is done such that clods remain and soil is not pulverized or inverted. Following soil loosening, all further equipment traffic shall be eliminated from the planting area. 4. Areas should be irrigated by a low-flow irrigation system approximately once every three (3) weeks. The goal for all revegetated areas is to minimize irrigation needs and discontinue the need for irrigation after a maximum of three (3) growing seasons. 5. Following seeding and planting, all revegetation areas shall be mulched with pine needles. Pine needles shall be applied evenly to the entire area to a depth of one inch (1") if applied by blower or two inches (2") if applied by hand. 6. Revegetation seed mix shall be the "Sierra Wildflower Blend" by Comstock Seed. 1. Landscape maintenance and management shall be consistent with Chapter 12 of the TRPA Home Landscaping Guide for Lake Tahoe and Vicinity. 2. Drip irrigation to establish all perennials, shrubs, and trees will be required for an establishment period of 3 years, after which the irrigation can be removed at the owner's discretion. Apply 1 2" of water per day only on weekdays during the growing season during the morning hours of the day, no later than 10am. 3. Use phosphorus free slow release fertilizer only for all perennial and shrub areas. Use phosphorus free fertilizer such as SummerSet 10-0-3 or approved equal at a rate 1/2 to 3/4 pounds per 1000 sf during each application.

4. For tree fertilization use "Jobe's Tree Stakes" or approved equal which are specially formulated to maintain good tree health. Fertilizer shall not be spread over existing vegetation or outside the limit of disturbance. 5. Fertilizer shall be applied twice per year; once during early June or late May depending on weather when plants have come out of dormancy, and once late in late September or early October depending on weather, but before the first frost. Avoid using weedkiller / fertilizer combinations that can damage trees and shrubs. 6. All proposed shrubs, perennials, and trees are native or adaptive native plants to the Tahoe Basinas outlined in on Table 1 of the TRPA Home Landscaping Guide. Therefore these plants will require very little fertilizer long term to sustain their health. The plants will require regular fertilizer applications during their establishment period (3 years). FERTILIZER AND IRRIGATION MANAGEMENT 1. Contractor to provide exact layout of laterals, emitters and spray heads for a design build irrigationsystem as approved. Drip irrigation shall be installed to establish all perennials, shrubs, and trees will be required.

2. Contractor shall install all equipment necessary for the irrigation system including backflow preventer, wiring, and irrigation controller. Field verify pressure upstream side of the backflowpreventer prior to ordering materials or starting any installation and notify owner's representative of the static pressure. IRRIGATION NOTES
195
Landscape
Details
L2-1
2 Engineered Wood Fibar
1/2" = 1'-00"

1.2 1
CIP Concrete Band
1" = 1'-00"

1.1 SITE KEYNOTES:

DETAIL /
SHEET

1.0 PAVEMENTS

1.1 CIP Concrete Band

4.0 PLANTING AND LANDSCAPE

4.1 Deciduous Tree Planting
1 / L2.1
1 / L2.3

2.0 SITE FURNISHINGS & PLAY EQUIPMENT

2.2 Picnic Table 6 / L2.1

2.1 Bench 5 / L2.1

2.3 2.4
Community Table 7 / L2.1

1.2 Engineered Wood Fiber Surface 2 / L2.1

4.2 Perrennial Planting 2 / L2.3

4.3 Groundcover 3 / L2.3

4.4 Turf 4 / L2.3

3.0 MISCELLANEOUS SITE ELEMENTS

3.1 Fence 2 / L2.3
4 / L2.3

2.5 Drinking Fountain 8 / L2.1
Recycling and Trash Receptacle 1 / L2.2

1.3 Permeable Pavers 3 / L2.1

2.6 Bike Rack 2 / L2.2

2.7 Park Sign 3 / L2.3

2.8 Iconic Play Structure 3 / L2.2

2.9 2.10
Bird's Nest Swing 4 / L2.2
Hillside Slide 5 / L2.2

2.11 Climbing Boulder 1 / L2.3

4.5 Landscape Boulder 4 / L2.3

3.2 Mural Wall

1.4 Concrete Paving 4 / L2.1

3.3 Chairlift Bench 5 / L2.3
3 Permeable Pavers
1" = 1'-00"

1.3 4
Concrete Paving
3/4" = 1'-00"

1.4 5
Bench
N.T.S.

2.1 Ski Run Park City of South Lake Tahoe, CA
April 6, 2022 1195 Ski Run Blvd.

C
# DATE DESCRIPTION
ISSUE DATE:

SHEET NUMBER
REVIEWED:

PROJECT NUMBER:

DRAWN:
1 REVISIONS
Pro Bono
2 3 4 5 6 7
A
B
C
D
E
C O P Y R I G H T D E S I G N W O R K S H O P, I N C.

Construction
Documents
(Not for Construction)
F
8 9
1 2 3 4 5 6 7 8 9 Apr 07, 2022 - 4:30pm F:\Users\Ben\Ski Run Blvd\Park\CAD\L2-SkiRunPark-Details.dwg W W W . D E S I G N W O R K S H O P . C O M

DESIGN WORKSHOP
Landscape Architecture · Land Planning
Urban Design · Tourism Planning
PO Box 5666
Suite 3E
Stateline, Nevada 89449
128 Market Street
(775) 588-5929
6 Picnic Table
1" = 1'-00"

2.2 7
Community Table
1" = 1'-00"

2.3 8
Drinking Fountain
1" = 1'-00"

2.4 1'
2% min

NATIVE LANDSCAPE

CAST-IN-PLACE CONCRETE BAND,
LIGHT BROOM FINISH, 1/4" RADIUS
ALL EXPOSED EDGES , #4 REBAR
TOP AND BOTTOM (MIN. 2" COVER)

UNDISTURBED SUB-GRADE OR

COMPACTED FILL
*NOTES:

1. PROVIDE CONTROL JOINTS @ 5' O.C.

AND AT CHANGES IN DIRECTION

2. PROVIDE EXPANSION
JOINTS @ 25' O.C.

3. SLOPE BAND AWAY FROM PAVED
SURFACE 2.0%.

1.3 Frost Depth

FIBAR DRAIN
6' O.C

EXISTING

SUBBASE

FIBAR WOOD FIBER

SEE MANUFACTURERS

SPECIFICATIONS FOR DEPTH

BASED ON FALL HEIGHT

FIBARFELT
WITH 3" OVERLAP
NOTES:

1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURERS SPECIFICATIONS.

2. DO NOT SCALE DRAWINGS, FOR ILLUSTRATION PURPOSES ONLY.

3. THE FIBAR SYSTEM IS PROTECTED BY US PATENTS 4679963, 5026207, 5076726 AND PATENTS PENDING.

4. AWARD CONTRACTORS MUST OBTAIN A LICENSE FROM FIBAR, INC. PRIOR TO CONSTRUCTION.

5. FIBARMAT WEAR MATS MUST BE INSTALLED UNDER ALL SWINGS, TIRE SWINGS & SLIDE EXITS TO PRESERVE WARRANTY. SEE 312-002.

6. CONTRACTORS NOTE: FOR PRODUCT AND PURCHASING INFORMATION VISIT www.CADdetails.com/info REFERENCE NUMBER 312-005.

GEOTEXTILE ON BOTTOM AND
6" THICK NO. 2 STONE SUBBASE

EXISTING SOIL SUBGRADE - ZERO SLOPE

SIDES OF OPEN-GRADED BASE
BEDDING COURSE 1-1/2" THICK
4" THICK NO. 57 STONE
(TYP. NO. 8 AGGREGATE)

OPEN-GRADED BASE

PERMEABLE PAVERS
1 1
2 " 4" 6"
2% MAXIMUM CROSS SLOPE

SEE MATERIAL PLAN FOR

LOCATIONS
THICKENED SLAB @ EDGE

OF PATHWAY
1/4" RADIUS AT ALL
EXPOSED EDGES 6"4"
8"
TYP.

HOLD FINISH GRADE 1/2"

BELOW CONCRETE

COMPACTED SUBGRADE
1/2" SEALED EXPANSION
JOINT. REFER TO LAYOUT

PLANS FOR LOCATIONS

2.1 STAIR EDGE, BUILDING, OR

OTHER FIXED OBJECT
4" CIP CONCRETE WALKWAY
4" COMPACTED

AGGREGATE BASE
2% 4"

EXPOSED AGGREGATE - SEE

MATERIALS PLANS
4" THICK

CONCRETE WALKWAY
#4 REBAR @ 18" O.C. EACH WAY

2.2 (MIN. 2" COVER)

CUSTOM BUILD CUSTOM BUILD
MODEL: EVERETT
COLOR: POWDERCOAT GLOSS BLACK
MANUFACTURER: KEYSTONE DESIGNS
196
Landscape
Details
L2-2
2 Bike Rack
N.T.S.

2.6 1
Recycling and Trash Receptacle
N.T.S.

2.5 SITE KEYNOTES:

DETAIL /
SHEET

1.0 PAVEMENTS

1.1 CIP Concrete Band

4.0 PLANTING AND LANDSCAPE

4.1 Deciduous Tree Planting
1 / L2.1
1 / L2.3

2.0 SITE FURNISHINGS & PLAY EQUIPMENT

2.2 Picnic Table 6 / L2.1

2.1 Bench 5 / L2.1

2.3 2.4
Community Table 7 / L2.1

1.2 Engineered Wood Fiber Surface 2 / L2.1

4.2 Perrennial Planting 2 / L2.3

4.3 Groundcover 3 / L2.3

4.4 Turf 4 / L2.3

3.0 MISCELLANEOUS SITE ELEMENTS

3.1 Fence 2 / L2.3
4 / L2.3

2.5 Drinking Fountain 8 / L2.1
Recycling and Trash Receptacle 1 / L2.2

1.3 Permeable Pavers 3 / L2.1

2.6 Bike Rack 2 / L2.2

2.7 Park Sign 3 / L2.3

2.8 Iconic Play Structure 3 / L2.2

2.9 2.10
Bird's Nest Swing 4 / L2.2
Hillside Slide 5 / L2.2

2.11 Climbing Boulder 1 / L2.3

4.5 Landscape Boulder 4 / L2.3

3.2 Mural Wall

1.4 Concrete Paving 4 / L2.1

3.3 Chairlift Bench 5 / L2.3
4 Swing
N.T.S.

2.9 Ski Run Park City of South Lake Tahoe, CA
April 6, 2022 1195 Ski Run Blvd.

C
# DATE DESCRIPTION
ISSUE DATE:

SHEET NUMBER
REVIEWED:

PROJECT NUMBER:

DRAWN:
1 REVISIONS
Pro Bono
2 3 4 5 6 7
A
B
C
D
E
C O P Y R I G H T D E S I G N W O R K S H O P, I N C.

Construction
Documents
(Not for Construction)
F
8 9
1 2 3 4 5 6 7 8 9 Apr 07, 2022 - 4:31pm F:\Users\Ben\Ski Run Blvd\Park\CAD\L2-SkiRunPark-Details.dwg W W W . D E S I G N W O R K S H O P . C O M

DESIGN WORKSHOP
Landscape Architecture · Land Planning
Urban Design · Tourism Planning
PO Box 5666
Suite 3E
Stateline, Nevada 89449
128 Market Street
(775) 588-5929
5 Hillslide
1/8" = 1'-00"

2.10 MODEL: CYCLE DOCK
COLOR: POWDERCOAT BLACK
MANUFACTURER: DERO
NOTE: MODEL: HA SERIES DOUBLE TRASH/RECYCLING ENCLOSURE HA2-PX MANUFACTURER: BEARSAVER
3 Iconic Play Structure
N.T.S.

2.8 MODEL: PENTAGODE XL WITH SPACEBALL
MANUFACTURER: BERLINER
MODEL: BIRDS NEST SWING
MANUFACTURER: KOMPAN
6' 13'-6" 6'
25'-6" 2'-6" 14'-6" 6' 6'

SAFETY ZONE
PLAN

SECTION - LONG
NOTES

1. CONCRETE FOOTING AND NO.4 REBAR PER LOCAL SOIL CONDITIONS.

2. COLUMBIA CASCADE MODEL NO. 1650-61-EMB EMBANKMENT SLIDE CHUTE

3. INSTALL PER MANUFACTURE'S RECOMMENDATIONS

1.2 1.4 11" 1' 4'-6"
58% SLOPE 3"

SECTION - CROSS

4.5 4.5
3"

STACKED BOULDERS, SHAPE MAY VARY
197
Landscape
Details
L2-3 1
Climbing Boulder
N.T.S.

2.11 SITE KEYNOTES:

DETAIL /
SHEET

1.0 PAVEMENTS

1.1 CIP Concrete Band

4.0 PLANTING AND LANDSCAPE

4.1 Deciduous Tree Planting
1 / L2.1
1 / L2.3

2.0 SITE FURNISHINGS & PLAY EQUIPMENT

2.2 Picnic Table 6 / L2.1

2.1 Bench 5 / L2.1

2.3 2.4
Community Table 7 / L2.1

1.2 Engineered Wood Fiber Surface 2 / L2.1

4.2 Perrennial Planting 2 / L2.3

4.3 Groundcover 3 / L2.3

4.4 Turf 4 / L2.3

3.0 MISCELLANEOUS SITE ELEMENTS

3.1 Fence 2 / L2.3
4 / L2.3

2.5 Drinking Fountain 8 / L2.1
Recycling and Trash Receptacle 1 / L2.2

1.3 Permeable Pavers 3 / L2.1

2.6 Bike Rack 2 / L2.2

2.7 Park Sign 3 / L2.3

2.8 Iconic Play Structure 3 / L2.2

2.9 2.10
Bird's Nest Swing 4 / L2.2
Hillside Slide 5 / L2.2

2.11 Climbing Boulder 1 / L2.3

4.5 Landscape Boulder 4 / L2.3

3.2 Mural Wall

1.4 Concrete Paving 4 / L2.1

3.3 Chairlift Bench 5 / L2.3 2
Fence
1" = 1'-00"

3.1 5
Chairlift Bench
N.T.S.

3.3 Ski Run Park City of South Lake Tahoe, CA
April 6, 2022 1195 Ski Run Blvd. C # DATE DESCRIPTION
ISSUE DATE:

SHEET NUMBER
REVIEWED:

PROJECT NUMBER:

DRAWN: 1

REVISIONS
Pro Bono 2 3 4 5 6 7 ABCDE
C O P Y R I G H T D E S I G N W O R K S H O P, I N C.

Construction
Documents
(Not for Construction) F 8 9 1 2 3 4 5 6 7 8 9 Apr 07, 2022 - 4:31pm F:\Users\Ben\Ski Run Blvd\Park\CAD\L2-SkiRunPark-Details.dwg W W W . D E S I G N W O R K S H O P . C O M

DESIGN WORKSHOP
Landscape Architecture · Land Planning
Urban Design · Tourism Planning
PO Box 5666
Suite 3E
Stateline, Nevada 89449
128 Market Street
(775) 588-5929
NOTE: CUSTOM BOULDER BY ENTRE PRISES CLIMBING WALLS

SUB GRADE
4" X 4" VERTICAL TIMBER
4" X 4" HORIZONTAL TIMBER
35 DEGREE ANGLE

CONCRETE

FOOTING

EXISTING
GRADE

COMPACTED
GRADE
6'-4" 2" 6" 8"6'-0" 4"
1'-6" 2'-6"
CUSTOM BUILD 3
Park Sign
N.T.S.

2.7 0'-514"
0'-3" 0'-514" 8'-434" 3'-7/8" O.C.
0'-8" 1'-4" 4'-0"
6'-10"
R0'-2"
R0'-3" 0'-412" 0'-412" 8'-0" O.C.
0'-8" 0'-3"
PLAN
ELEVATION 1'-3" 1'-814"
1-1/8" 1-5/8"
2'-0" x 3'-11" LOCKABLE CABINET
CABINET DOOR SWING 5'-10"
HORIZONTAL 6'-6" X 1'-1/2" SKI RUN PARK

NAME SIGN PANEL

ROUND WOOD POSTS WITH

CHAMFER ON ALL EXPOSED EDGES
VERTICAL 3'-2" X 3'-11" SIGN PANEL
VERTICAL 1'-0" X 3'-11" RULES AND

REGULATIONS SIGN PANEL
NOTE:

1. ALL SIGN PANELS TO HAVE A 1" GAP ON ALL
EDGES.

2. DOUBLE SIDED KIOSK TO BE DETERMINED
BASED ON LOCATION AND NEED.

3. SHOP DRAWINGS FOR FOOTING AND

STRUCTURAL TO BE COMPLETED BY

OTHERS AND ARE REQUIRED BY CITY OF
SOUTH LAKE TAHOE.

4. EXACT TEXT, LOGOS, AND ART WILL BE

SUPPLIED TO THE CONTRACTOR PRIOR TO
FABRICATION.

HORIZONTAL 3'-3" X 3'-5" SIGN PANEL

BLACK METAL SIGN FRAME

METAL MESH - FABRICATOR TO PROVIDE
OPTIONS. FASTEN SIGN PANELS TO MESH
PER FABRICATOR'S DETAIL. 2'-112"
0'-1"
0'-2" 4
Mural Wall
N.T.S.

3.2 CUSTOM BUILD
198
Landscape
Details
L2-4
2 Perrennial Planting
N.T.S.

4.2 1
Deciduous Tree Planting
3/4" = 1'-00"

4.1 SITE KEYNOTES:

DETAIL /
SHEET

1.0 PAVEMENTS

1.1 CIP Concrete Band

4.0 PLANTING AND LANDSCAPE

4.1 Deciduous Tree Planting
1 / L2.1
1 / L2.3

2.0 SITE FURNISHINGS & PLAY EQUIPMENT

2.2 Picnic Table 6 / L2.1

2.1 Bench 5 / L2.1

2.3 2.4
Community Table 7 / L2.1

1.2 Engineered Wood Fiber Surface 2 / L2.1

4.2 Perrennial Planting 2 / L2.3

4.3 Groundcover 3 / L2.3

4.4 Turf 4 / L2.3

3.0 MISCELLANEOUS SITE ELEMENTS

3.1 Fence 2 / L2.3
4 / L2.3

2.5 Drinking Fountain 8 / L2.1
Recycling and Trash Receptacle 1 / L2.2

1.3 Permeable Pavers 3 / L2.1

2.6 Bike Rack 2 / L2.2

2.7 Park Sign 3 / L2.3

2.8 Iconic Play Structure 3 / L2.2

2.9 2.10
Bird's Nest Swing 4 / L2.2
Hillside Slide 5 / L2.2

2.11 Climbing Boulder 1 / L2.3

4.5 Landscape Boulder 4 / L2.3

3.2 Mural Wall

1.4 Concrete Paving 4 / L2.1

3.3 Chairlift Bench 5 / L2.3 Ski Run Park City of South Lake Tahoe, CA April 6, 2022 1195 Ski Run Blvd.

C
# DATE DESCRIPTION
ISSUE DATE:

SHEET NUMBER
REVIEWED:

PROJECT NUMBER:

DRAWN:
1 REVISIONS
Pro Bono
2 3 4 5 6 7
A
B
C
D
E
C O P Y R I G H T D E S I G N W O R K S H O P, I N C.

Construction
Documents
(Not for Construction)
F
8 9
1 2 3 4 5 6 7 8 9 Apr 07, 2022 - 4:31pm F:\Users\Ben\Ski Run Blvd\Park\CAD\L2-SkiRunPark-Details.dwg W W W . D E S I G N W O R K S H O P . C O M

DESIGN WORKSHOP
Landscape Architecture · Land Planning
Urban Design · Tourism Planning
PO Box 5666
Suite 3E
Stateline, Nevada 89449
128 Market Street
(775) 588-5929
3 Groundcover
N.T.S.

4.3 4
Turf
N.T.S.

4.4 5
Landscape Boulder
N.T.S.

4.5 2x BALL DIAMETER (MIN.) 4"

PLANTING SOIL

UNDISTURBED SOIL - DIG PIT

TO PROPER DEPTH

ROUGHEN SIDES OF PIT

CORNER OF ROOT SYSTEM TO BE

AT LINE OF PROPOSED GRADE
ROPES @ TOP OF BALL SHALL BE CUT.

REMOVE TOP 1
3 OF BURLAP. REMOVE TOP
1 3
OF BASKET & ALL TWINE.

FIRMLY FORMED SAUCER (USE TOPSOIL).

ANGLE OF REPOSE VARIES WITH

STEEPNESS OF SLOPE AND SOIL TYPE
(WHERE DIRECTED ONLY).

MULCH
3" SAUCER (MAX.)
TREE WRAP - 30% OVERLAP TO SECOND
BRANCHES. REMOVE IN SPRING.

LOCATE ANCHOR STAKES (3) 18" AWAY
FROM TREE TRUNK. T-RAIL IRON STAKE

OF ACCEPTABLE WOODEN SUBSTITUTE,
ANCHOR FIRMLY. SEE SPECS FOR STAKE
SIZE.

TREE FABRIC W/ GROMMETS

PERENNIAL

BEFORE PLANTING, REMOVE POTS

AND SCARIFY THE BOTTOM OF THE

ROOTBALL
MULCH

UNDISTURBED SOIL - DIG

PIT TO PROPER DEPTH
AMENDED BACKFILL 1/2" SPACE SPACE
1/2 SPACE
SPACE
1/2 SPACE
SPACE

UNDISTURBED SOIL

PLANTING MIX

FERTILIZER TAB(S)

ROOT BALL, SCARIFY THE

BOTTOM OF ROOTBALL
2" MULCH

ALTERNATIVE SPACING
NOTES: OF PLANTS AS SHOWN

1. PLACE PLANTS

IN PREPARED BED

2. SPACING AS

SPECIFIED IN

PLANT LIST (SEE
PLANS)

3. PLACE PLANTS
AROUND

PLANTING BED

EDGE FIRST AND

FILL INSIDE
NTS.

NOTES:

1. DO NOT INSTALL SOD THAT IS STRESSED,
LOW QUALITY OR IN DISREPAIR.

2. DO NOT OVERLAP SOD.

3. KEEP SEAMS 1/4" OR LESS.

4. IF TURF IS INSTALLED IN WINTER,

OVERSEED WITH RYE
RECESS SOD FINISH GRADE 1"

FROM TOP OF CURB OR WALKWAY
SOD

STEEL EDGING

MATERIAL VARIES, SEE PLANS

TOP SOIL
SECTION 1/3 MIN

GRANITE BOULDER VARIES

BOULDER LOCATIONS TO BE

APPROVED BY LANDSCAPE

ARCHITECT ON SITE
199
SKI RUN BOULEVARD (1b) (5) X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X SLOPE 3% SLOPE 3% SLOPE 4.9% 6265 6266 6265 6264 6267 MATCH EXISTING GRADE AT PATH EXISTING ASPHALT PATH TURF AREA Site Grading NORTH ORIGINAL SCALE: 0 5 10 1"=10'-00" 20 L3-1 Ski Run Park
City of South Lake Tahoe, CA
April 6, 2022
1195 Ski Run Blvd. C # DATE DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 REVISIONS Pro Bono 2 3 4 5 6 7 ABCDE C O P Y R I G H T D E S I G N W O R K S H O P, I N C. Construction Documents (Not for Construction) F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M DESIGN WORKSHOP Landscape Architecture · Land Planning Urban Design · Tourism Planning PO Box 5666 Suite 3E Stateline, Nevada 89449 128 Market Street (775) 588-5929 EXISTING TRANSIT SHELTER EXISTING CURB AND GUTTER EXISTING TURF PLAY AREA LANDFORM EXISTING TREE (TYPICAL) EXISTING TREE (TYPICAL) EXISTING TREE (TYPICAL) NEW ADA PARKING (BY CITY) GENERAL NOTES 1. Insight Land Surveying prepared the survey for this project. It has been reformatted for use in and for preparation of these documents. All discrepancies should be brought to the attention of the Landscape Architect for immediate resolution. Landscape Architect is not responsible for errors or omissions associated with preparation or documentation of survey. 2. Contractor will determining means and methods for construction. These drawings may indicate a limit of proposed improvements, limits of site demolition, etc. for delineation of expected extents of disturbance, however, final impact shall be determined in the field. Should limits of disturbance exceed boundaries defined in drawings, Contractor shall contact Landscape Architect for resolution. 3. Contractor is responsible for repairing all work disturbed by construction outside of limit lines defined on drawings or through his/her means and methods and General Conditions to a condition acceptable to the owner at no additional cost. 4. Contractor is responsible for protecting all existing conditions, improvements, utilities, etc. to remain. Any damages shall be repaired to a condition acceptable to the owner at no additional cost. 5. Contact the local underground utility service locator for utility locates and identification prior to commencing work and maintain in field throughout construction unless indicated or directed otherwise. 6. Verify plant protection, BMPs, existing improvement to remain, and Contractor site control measures are in place prior to commencing with construction. Do not proceed with construction if not in compliance and maintained throughout. 7. No work shall commence until all necessary permits have been obtained from the City and other appropriate agencies. GRADING NOTES ESTIMATED EARTHWORK QUANTITIES: CUT: 0 C.Y. EXPORT: 0 C.Y. FILL: 80 C.Y. IMPORT: 80 C.Y. 1. Existing grades shall be disturbed as little as possible to retain natural drainage on site as was previously restored by others. 2. No cut or fill slopes may be steeper than 2:1 (h:v) maximum. 3. Fill slopes shall be compacted to a relative compaction of 90 percent of maximum dry density. 4. Any area to receive fill shall be prepared by scarifying to a minimum depth of 6", moistened or dried to near optimum moisture and compacted to a relative density of 90% before placing additional fill. prior to placing of any fill material, the area shall be approved by the public works inspector. should adverse soil conditions be encountered, stabilization techniques shall be approved by a change order. 5. All paths of travels shall comply with the requirements of title 24, building standards of the california administrative code in regards to providing access to the physically disabled. 6. Maximum pavement slopes are as follows: Parking areas: 2% maximum handicap parking Pathways and routes of travel: 5% maximum, 2% cross slope 200
SKI RUN BOULEVARD (1b) (5) X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X SLOPE 3% SLOPE 3% SLOPE 4.9% 6265 6266 6265 6264 6267 MATCH EXISTING GRADE AT PATH EXISTING ASPHALT PATH TURF AREA MATERIAL QUANTITY SYMBOL LEGEND Concrete Paving 298 sf Engineered Wood Fiber Surface 5,466 sf Lawn 4,900 sf Site Coverage NORTH ORIGINAL SCALE: 0 5 10 1"=10'-00" 20 L4-1 Ski Run Park
City of South Lake Tahoe, CA
April 6, 2022
1195 Ski Run Blvd. C # DATE DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 REVISIONS Pro Bono 2 3 4 5 6 7 ABCDE C O P Y R I G H T D E S I G N W O R K S H O P, I N C. Construction Documents (Not for Construction) F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M DESIGN WORKSHOP Landscape Architecture · Land Planning Urban Design · Tourism Planning PO Box 5666 Suite 3E Stateline, Nevada 89449 128 Market Street (775) 588-5929 EXISTING TRANSIT SHELTER EXISTING CURB AND GUTTER EXISTING TURF PLAY AREA LANDFORM EXISTING TREE (TYPICAL) EXISTING TREE (TYPICAL) EXISTING TREE (TYPICAL) Permeable Pavers 845 sf CIP Concrete Band 670 lf NEW ADA PARKING (BY CITY) CATEGORY CONCRETE PAVING PERMEABLE PAVERS 5 (845 x0.75) = 634 sf PROPOSED COVERAGE PARCEL SIZE .57 acres298 sf 1b- NEW COVERAGE CIP CONCRETE BAND 335 sf MISC. STRUCTURES - 180 sf -- 1447 sf 201
Resolution 2024-XXX June 18, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
June 18, 2024
Authorizing Acceptance of a Donation of Land and Improvements for a Public Park Located at 1195 Ski Run Blvd

BACKGROUND
A. On June 15, 2021 the City and Friends of Ski Run entered into a Memorandum of Understanding to establish a general framework for a collaborative working relationship and define the respective roles and responsibilities of the Parties for the construction, maintenance, funding, and operations of Ski Run Park.

B. The Friends of Ski Run created an entity called SkiRunPark, LLC to purchase the parcel at 1195 Ski Run Blvd in 2021 and has constructed the Ski Run Community Park.

C. On June 3, 2024, an appraisal valued the land and improvements, presuming completion of the park in accordance with plans, at $175,000.

D. The City Attorney and Finance Director have reviewed and found that the requirements of the City’s Donation, Sponsorship and Naming Rights Policy for acceptance of land designated for a public park have been met and a public benefit will be enjoyed by acquisition of this land.

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. Authorizes and directs the City Manager to sign the acceptance on the Grant Deed attached hereto as Exhibit A and accept the donation of Ski Run Community Park for dedicated use as a public park from the SkiRunPark, LLC, upon completion of park improvements and passing inspections.

Adopted by the City of South Lake Tahoe City Council on June 18, 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 202
Resolution 2024-XXX June 18, 2024 Page 2 of 2
the South Lake Tahoe City Council.
203
1 NO FEE DOCUMENT
Government Code §6103 & §27383
Recorded at the request of
City Clerk, South Lake
Tahoe, California
After Recording Return To:

City Clerk
City of South Lake Tahoe
1901 Lisa Maloff Way, # 206
South Lake Tahoe, CA 96150
Space above this line for Recorder’s use only
County Project Owner Name AP Number
El Dorado Ski Run Park SKIRUNPARK LLC 027-161-30-
100

THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTIONS 6103 and 27383 OF THE CALIFORNIA GOVERNMENT CODE.

Grant Deed
FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, SKIRUNPARK LLC, a California Limited Liability Company, (“Grantor”), does hereby grant without warranty or covenant of any kind, express or implied, to the City of South Lake Tahoe, a municipal corporation (“Grantee”) the real property with Assessor’s Parcel Number 027-161-30-100, described as all that certain real property situated in the City of South Lake Tahoe, County of El Dorado, State of California, all more particularly described as Lots 1, 2, 3, 23, and 24, Block 28, of Bijou Park Addition, filed December 31, 1932, in Book A of Maps, at Page 18, El Dorado Records (“Property”).

SUBJECT TO:

1. All non-delinquent real property taxes and general and special assessments.

2. A dedication that the Property shall be used exclusively for public park purposes which may include playground, recreational, and open space areas.

3. That certain Deed Restriction and Declaration of Covenants, Conditions and Restrictions for Transfer of Existing Commercial Development and Land Coverage by Safeway, 204
2 Inc., a Delaware corporation, dated as of July 21, 2000 and recorded on January 10, 2001 in the El Dorado County Recorder’s Office as document number 2001-0001732-00.

4. That certain Declaration of Covenants, Conditions and Restrictions for Commercial Floor Area Transfer by Safeway Inc., a Delaware corporation, dated as of April 27, 2005, and recorded on April 28, 2005 in the El Dorado County Recorder’s Office as document number 2005-0034755-00.

5. That certain Declaration of Covenants, Conditions and Restrictions for Commercial Floor Area Transfer by Safeway, Inc., a Delaware corporation, dated as of September 11, 2006, and recorded on September 12, 2006 in the El Dorado Count Recorder’s Office as document number 2006-0062338-00.

6. That certain Deed Restriction and Declaration of Covenants, Conditions and Restrictions for the Ski Run Park Project, dated as of January 22, 2024 and recorded on March 5, 2024 in the El Dorado County Recorder’s Office as document number 2024-0006296.

Dated: __________
SKIRUNPARK LLC, a California
limited liability company
_________________________________________
By:

Its:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of ________________ }
} SS.

County of _______________ }
On , 2024 before me, , a Notary Public,
personally appeared _____________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

Name:
(Typed or Printed
205
3 Deed Acceptance
This is to certify that the interests in real property conveyed by the foregoing Grant Deed, (APN 027-161-30-100), dated _________________, 202_, from SKIRUNPARK LLC, a California Limited Liability Company, the real property situated in the City of South Lake Tahoe, County of El Dorado, State of California, more particularly described as all that certain real property situated in the City of South Lake Tahoe, County of El Dorado, State of California, all more particularly described as Lots 1, 2, 3, 23, and 24, Block 28, of Bijou Park Addition, filed December 31, 1932, in Book A of Maps, at Page 18, El Dorado Records, to the City of South Lake Tahoe, a municipal corporation, is hereby accepted by the undersigned on behalf of the City, pursuant to authority conferred by Resolution No. _______ of the City Council of the City of South Lake Tahoe adopted on _____________, 202_, and the Grantee consents to recordation thereof by its duly authorized officer.

Dated:

City of South Lake Tahoe,
a municipal corporation
By:________________________________
Joseph Irvin, City Manager
Attest:
______________________________________
Sue Blankenship, City Clerk
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 18, 2024
Agenda Item #:8
Agenda Item: Professional Services Agreement with Lumos & Associates for Planning and Design Feasibility Services for the Stateline Complete Streets Project Executive Summary: Reallocate funding from the Linear Park Bike path account to the Stateline Complete Streets account and approve a PSA for Planning and Design feasibility services with Lumos & Associates for an amount of up to $227,200.

Requested Action / Suggested Motions: Pass a Resolution authorizing the Director of Finance to reallocate funds from the Linear Park Bike Path Project to the Stateline Complete Streets Project and authorizing and directing the Mayor to execute a Professional Services Agreement with Lumos & Associates for Planning and Design Feasibility Services for the Stateline Avenue Complete Streets Project for the amount of $227,200.

Responsible Staff Member: Jason Burke, Complete Streets Program Manager Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Stateline Complete Streets Project.docx 02-StatelineVicinityMap.pdf
03-Resolution Stateline.docx
04-Professional Services Agreement with Lumos.pdf
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Council Agenda Report June 18, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: June 18, 2024
Title: Professional Services Agreement with Lumos & Associates for Planning and Design Feasibility Services for the Stateline Complete Streets Project Location: Stateline Area: Generally, the area from U.S. Highway 50 north to Lakeshore Boulevard, bounded by Park Avenue to the west and Stateline Avenue to the east.

Responsible Staff Members: Jason Burke, Complete Streets Program Manager

Background: There is a notable and widespread lack of pedestrian and cyclist improvements along Stateline Avenue from U.S. Highway 50 to Lakeshore Boulevard that potentially create conflicts between various mobility types within this area. Parking is often unstructured, and many informal parking areas in the road shoulder areas are bare dirt, creating erosion and sediment issues along with safety and mobility challenges within the area. Underground drainage systems need to be updated, in coordination with other underground utility providers in the project area, including South Tahoe Public Utility District (STPUD), Lakeside Park Association water company, Liberty Energy and Southwest Gas for pressurized gas lines. Many hotels in the area rely on head-in street parking within the public right-of-way, which is required to meet City minimum parking standards in some situations. These parking patterns will need to be assessed in order to develop feasible multimodal connectivity solutions for pedestrians, cyclists, and micro-mobility (electric scooter) users, along with the horse-drawn carriages and relatively new shuttles operating in the area. This feasibility and planning agreement will enable a well-qualified team of outreach and design professionals to work with the community and decision makers to develop feasible conceptual designs for active transportation upgrades. These improvement design concepts will be developed with considerable stakeholder outreach to find solutions that can best accommodate the needs of existing tourism and hotel businesses, residents, and all types of mobility mode users.

Tourist Core Are Plan, Active Transportation Plan, recently presented Bicycle Advisory Committee (BAC) list of prioritized projects, 2023-2028 Strategic Plan, Active Transportation Plan, and adopted CIP budget provide support for developing multimodal connectivity solutions to improve the safety and appeal for active transportation options in the Stateline Complete Streets project area, focused on the Stateline Avenue Corridor for U. S. Highway 50 (Lake Tahoe Boulevard) down to Lakeshore Blvd with broader connectivity and circulation needs extending from the end of the Linear Park, through Park Avenue, Pine Boulevard, Lakeshore Drive and Stateline Avenue.

On October 4, 2022, the City Council approved Resolution 2022-130, authorizing staff to submit a grant application in the amount of $450,000 to the Caltrans Sustainable Transportation Planning Grant Program. This grant application was submitted on March 9, 2023, and the City received notice in August 2023 that the application was unsuccessful in seeking this additional design funding. In the interest of advancing the project to be more competitive for implementation funding, staff has issued an RFP to utilize a variety of existing allocated City funds and will seek to obtain additional funding as the project design feasibility work progresses. 208
Council Agenda Report June 18, 2024 Page 2 of 3
Issue and Discussion: The process for solicitation, advertisement and selection of the professional design consultant team followed the City’s purchasing and procurement policies by issuing a widespread Request for Proposals (RFP) for planning and design feasibility services April 4, 2024, notifying all qualified vendors via the City of South Lake Tahoe web posting on PlanetBids. There were 53 prospective firms who took interest in the project, and the city received four written proposals. The review panel consisted of City staff from the Public Works Department, Development Services Department, Finance Department along with outside agency staff from the Lake Park Association water company and Tahoe Regional Planning Agency, who carefully evaluated the written proposals to determine if they were responsive and ranked the written proposal based on the ranking criteria stated in the RFP. Based on the results of the written review, two firms were selected to interview on May 21, 2024 to further discuss the project and their teams’ approach and qualifications. The interview panel ranked the two firms and ultimately selected a team lead by Lumos & Associates based on their responses to questions regarding details of the work described in the RFP and relevant information for the project.

Financial Implications: The planning and feasibility services contract with Lumos & Associates will be partially funded through existing funding ($100,000) allocated to the Stateline Complete Streets project in the Capital Improvement Program account 301-50045-42030 (Technical Services). The circulation study area for this project encompasses the broader Stateline Area, on the lake side of U.S. Highway 50, extending from the end of Linear Park Bike Path (Pioneer Trail/U.S. Highway 50) through the Lakeside Park community including Park Avenue, Pine Boulevard, Lakeshore Boulevard and Stateline Avenue (see Map). This task in the attached professional services agreement will evaluate circulation and parking needs within the larger project area in order to work with City residents, businesses and property owners to develop solutions that improve broader connectivity and safety in the larger Lakeside Park area connecting to the existing terminus of Linear Park, then focus on specific design solutions for Stateline Avenue. This circulation study, which will consider one-way options or even partial road closures, will inform later efforts to improve circulation patterns on Stateline Avenue, Park Avenue and Lakeshore Boulevard, which are yet unfunded.

In order to fund the parking and traffic counts, to establish volumes and needs, residual funding ($152,829) for engineering study and design of the Linear Park Bike Path uncompleted final leg to Park Avenue will be transferred from account to 301-50008-48010 (Technical Studies) in order to advance connectivity planning in this broader study area. Additional tasks in the RFP will need additional funding, and pending approval of the upcoming Capital Improvement Program, the City may opt to fund the additional Task outlined in the RFP to advance this project to the full extent of the services noted in the RFP to complete 30% preferred alternative concepts and designs after extensive community and decision maker outreach and engagement.

Environmental Considerations: Projects consisting of only feasibility or planning studies for possible future actions for which the City has not approved, adopted or funded are Statutorily Exempt from full California Environmental Quality Act (CEQA) review under CEQA Guidelines section15262 (Feasibility and Planning Studies) and Categorically Exempt under section 15305, Class 6 (Information Collection). The feasibility analysis, preparation of conceptual alternatives, parking and circulation studies to inform the development of a potential future preferred project.

Once the feasibility studies and public outreach to review alternatives and focus on a preferred concept, any potential project design will be subject to additional CEQA review once the alternatives are vetted with the public and decision makers to define the potential scope of the Complete Streets improvements.
209
Council Agenda Report June 18, 2024 Page 3 of 3
Policy Implications: The Project is consistent with the vision for transportation improvements included in the Tourist Core Area Plan and regional Active Transportation Plan and advances the City Council Strategic Priorities and Goals, specifically:
 Action Item 1.4 (Transportation) to prioritize implementation complete streets projects and evaluate city-wide parking management strategies and identify options to prioritize alternative modes of transportation for major connecting arterials building in the US 50 Safety Project.
 Action Item 2.3 (Connectivity) to facilitate implementation of trail infrastructure prioritizing the connection of bicycle and walking trails from neighborhoods to the Greenway and other new and existing trails systems.
 Action Item 5.3 (Infrastructure and Maintenance) by actively seeking funding to develop sustainable infrastructure projects, based on the prioritized capital improvement project list.

The project will also provide greenhouse gas reduction benefits, providing progress on Action #WB-1 of the 2020 Climate Action Plan: Improve bicycle and pedestrian networks. 210
Lake Tahoe Blvd
Friday
Ave
Park Ave
Pine Blvd
Hill Rd
Meadow Rd
Echo Rd
Pioneer Trl
Cedar Ave
Lodge
Rd
Azure Ave
Black Rock Rd
Stateline Ave
Poplar St
Pine Blvd
La Salle St
Manzanita Ave
Fern Rd
Moss Rd
Cedar Ave
Pine Rd
Sunrise Ln
Transit Way
Manzanita Ave
Greenwood Rd
Heavenly Village Way
Azure Ave
Meadow Rd
Azure Ave
Lakeshore Blvd
Beach Rd
Park Ave
Park Ave
Stateline
Ave
50 Complete Streets
Design
Circulation Study
Zone
City Boundary
Map Extent
Project Area
Vicinity Map 0 200 400 600 800
Feet
Path: \\gis\share\Projects\PublicWorks\CompleteStreets\CompleteStreets.aprx | Stateline RFP Vicinity Map | 2/27/2024 211
Resolution 2024-XXX June 18, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
June 18, 2024
Authorization for the Reallocation of Funds from the Linear Park Bike Path Project to the Stateline Complete Streets Project and Approval of a Professional Services Agreement with Lumos & Associates for the City for Planning and Design Feasibility Services for the Stateline Avenue Complete Streets Project

BACKGROUND
A. The Stateline Avenue Complete Streets Project has been identified as a priority project tin the Tourist Core Area Plan, Bicycle Advisory Committee list of prioritized projects, Active Transportation Plan and adopted Capital Improvement Program (CIP).

B. The City Council appropriated $100,000 for the initiation of the Stateline Area Complete Streets project during the August 23, 2022, City Council meeting as a part of the City’s adopted CIP.

C. The Linear Park Bike path project has $152,829 in remaining funds for Engineering Study and Design (Account 301-50008-48010) to evaluate options to connect the Linear Park Bike Path through the Stateline Area.

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

1. Authorizes the Director of Finance to transfer the remaining Linear Park Bike Path funds totaling $152,829 from 301-50008-48010 to 301-50045-48010.

2. Authorizes the Director of Finance to transfer the $100,000 in the Stateline Avenue Complete Streets Project Account (301-50045) from 42030 (Technical Services) to 48010 (Engineering Study and Design) for consistency purposes.

3. Authorizes and directs the Mayor to execute a Professional Services Agreement with Lumos & Associates for Design Feasibility Services for the Stateline Avenue Complete Streets Project in the amount of $227,200.

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

Yes:

No:

Absent:

Abstain:
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Resolution 2024-XXX June 18, 2024 Page 2 of 2
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the __18th__day of ______June______ 2024 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and ____Lumos & Associates ____ (Consultant”).

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

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

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

AGREEMENT

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

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

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

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for 18 months from time award.
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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 $_227,200_ 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 215
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.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents 216
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 form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.

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

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].
217

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

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

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

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

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all 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. 218
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 accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to 219
waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
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:
220
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.

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 221
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: Aaron Brusatori, PE, Group Manager
3840 El Dorado Hills Blvd., Suite 301
El Dorado Hills, CA 95762
Provide a copy to: Tim Russell, PE, Engineering Director 308 N. Curry Street, Suite 200
Carson City, NV 89703

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation 222
on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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

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

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

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

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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 Drug223 Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

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

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

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 224
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.
225
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT: Lumos & Associates, Inc.

By___________________________ By ________________________________ Cody Bass, Mayor Tim Russell, PE, Engineering Director
Date __________________________ Date _____________________________

Business License # 314513
APPROVED AS TO FORM:

By____________________________ Date ________________________________ City Attorney
ATTEST:

By______________________________ Date ________________________________ City Clerk
6/3/2024 226
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
Exhibit D – Certificate of Insurance (COI)

EXHIBIT A

SCOPE OF SERVICES
227
Planning/Design Feasibility Services for Stateline Avenue Complete Streets Project 19 City of South Lake Tahoe | Section D | Scope of Work/Implementation Task 1 – Project Management, Public
Engagement, and Agency Coordination
The success of this project will be dependent upon
our ability to successfully engage with stakeholders,
the public and decision makers to communicate ideas
and extract and receive constructive comments from
each. Our team has extensive experience facilitating,
managing and conducting meetings and outreach. Our
team including Lumos, Design Workshop, WBA, LSC,
and GPA will participate in our outreach meetings,
so that subject matter experts are available to hear
concerns and provide valuable responses. Our team is
prepared to engage with stakeholders and the public.

Project Management will be provided by Aaron
Brusatori, PE. Aaron will be the single point of contact for the City. He will perform regular check in calls
with the City to keep them apprised of progress and
challenges. He will prepare monthly status reports to
be submitted with invoices. Lumos will schedule and
facilitate all meetings. We will prepare agendas, sign
in sheets, presentations, graphics and minutes. Each
meeting will be conducted at a City facility.

Lumos will employ a layered approach to Public
Engagement. We will first develop ideas and concepts
for review and vetting by our team, providing each
expert opportunity to shape the project. The best of
these ideas will advance to discussion with City Staff.

After we have completed circulation and parking
studies, we will engage stakeholders. Prepared with
this information we will conduct an initial stakeholder meeting to understand their concerns and vision for the project.

We will include an on-site meeting with stakeholders
where up to three specific cross sections can be
evaluated in the field with the project team. We will use temporary paint or other markings, depending upon
weather conditions, to show the proposed improvement
limits including; sidewalks, bike lanes, motorized vehicle lane(s) and landscape areas, as applicable.

This Show-me effort has proven successful in clarifying the improvements so that those impacted most will be
able to visualize on the ground the improvements.

We will take what we learn from the stakeholder on-site meeting to further improve the conceptual designs for
the next layer, public engagement.

We will improve the conceptual exhibits and conduct
a public meeting at a City of South Lake Tahoe venue.

The meeting will be noticed in public places, with
outreach sent directly to community organizations and
groups. We will present the concepts and listen to the
concerns, comments, and ideas from the meeting for
further refinement of the conceptual designs.

The refined concepts will then be presented to the
TAC, and City Planning Commission for comments and
then to the City Council for selection of a preferred
alternative. The public will have the opportunity at
these meetings to voice their concerns during the final selection process.

A selection of the project team will be available to meet with funding, regulatory and partner agencies to ensure the selected alternative can be approved. We anticipate engaging with TRPA, and the State of California
Lahontan Regional Water Quality Control Board, and
others who may be identified though development
of our conceptual alternatives and the preliminary
environmental review of those alternatives.

DELIVERABLES
{ Meetings | We will prepare agendas, graphics, sign in sheet, and prepare meeting minutes. We will set up,
take down, and conduct the meetings for the proposed
meetings schedule showcased below.
{ Public Outreach Materials | We will prepare flyers
containing meeting notice and select graphics to engage the public and generate interest.
{ Status Reports, invoices and Check-in calls | We will perform biweekly check in calls with the City project
manger. We will prepare and submit monthly project status reports and invoices
Meeting Descriptions and Target Group
Meeting 1: Kickoff Meeting
Meeting 2: Communicate Project Intensions
Meeting 3: Preliminary Concepts
Meeting 4: Land Capability, Coverage, Land-use
Encroachments, and Depth to ground water
Meeting 5: Conceptual Alternatives Review
Meeting 6: On-Site Review of Three Sections
Meeting 7: Present Concepts and Receive Feedback
Meeting 8: Lahontan Regional Water Quality
Meeting 9: Present Conceptual Alternatives
Meeting 10: Present Conceptual Alternatives
& Select Preferred Alternative
Key
CSLT Staff Stakeholders TRPA Public
Agency City Council Planning Commission
* City of South Lake Tahoe to provide venue for public meetings 228
Planning/Design Feasibility Services for Stateline Avenue Complete Streets Project 20 City of South Lake Tahoe | Section D | Scope of Work/Implementation Task 2 – Constraints Analysis/Concepts
Alternatives
Lumos will provide planning context by assembling,
reviewing, and summarizing relevant planning
documents, including (but not limited to) the 2016
TRPA Linking Tahoe Active Transportation Plan, the
TRPA/ TMPO Lake Tahoe Complete Street Resource
Guide, the Tourist Core Area Plan, Lakeside Park Plan
Area Statement, TRPA Main Street Management Plan,
Environmental Improvement Program (EIP) projects
located in the vicinity of the Project Area, and others.

We will utilize engineering studies and utility systems maps as well as new information collected with this
project including a drainage study, circulation study,
parking study, CCTV inspections of underground storm
drain and sanitary sewer and field surveying. This
information will be utilized to identify constraints and develop concept alternatives.

A drainage study will be prepared to determine impacts
from proposed changes in impervious areas. The
study will identify the size of water quality features
and underground conduits based upon City Standards.

Water quality features may include vegetated basins,
which have been observed to perform well in the area.

On a more regional basis, reestablishing the marsh
area between Lakeshore Boulevard and Sunrise Lane
may be considered in the drainage study.

Utility Coordination
Utility coordination efforts will begin with requests for systems maps. The utility locations shown on those
maps will be plotted on a basemap. Because the utility
provider maps are typically schematic in nature the
actual location of the underground infrastructure will
be identified by field efforts. Field efforts will start with location of the underground infrastructure using
Ground Penetrating Radar (GPR). The operator will
walk the work area and paint on the paved surface the
locations of utilities and the approximate depth from
the surface. These painted locations and depths will
later be collected by land survey crews to accurately
locate the utility alignments on the basemap. Utilities with shallow depth of coverage will be noted for
subsequent potholing efforts if needed.

Conditions of the underground infrastructure will be
evaluated through communications with each utility
provider. For gravity systems such as storm drainage
and sanitary sewer, we can use CCTV inspection to
determine pipe condition. Underground utilities that
are identified for upgrade and or replacement by the
utility provider or from CCTV inspections will be noted on the basemap. We will initiate discussions of the
undergrounding of overhead utilities with the utility
owners, such as Liberty.

The existing 36” CPM storm drain in Stateline Avenue
extends from Pine Blvd. to the shoreline of Lake
Tahoe. We will explore the feasibility of extending
the storm drain up Stateline Avenue to Lake Tahoe
Blvd with drop inlets to reduce surface flow. We will
evaluate the capacity of the existing basins to handle
additional flows from this project. To reduce surface
drainage flows over sidewalks, drainage from behind
the proposed sidewalk(s) will be conveyed using thru
sidewalk curb drains.

Underground infiltration chambers will be considered
due to a lack of available property for storm water
quality facilities. We would look into locating these
east of Azure Ave. due to the higher infiltration rates and greater depth of groundwater, TRPA has mapped
infiltration rates of 12.8 inches/hour in this area. Due to limited right-of-way in this corridor, we will consider the use of underground hydrodynamic separators for
storm water pre-treatment.

There is a linear basin along Pine Street, south of the Alpen Rose Inn and another basin at Park Avenue
and Pine Blvd which can be evaluated to determine
if they have additional capacity to treat any increases in project runoff. Utilizing existing infrastructure
would reduce the number of basin areas requiring
perpetual maintenance. There may also be a stream
environmental zone restoration opportunity to
reestablish the marsh between Lakeshore Blvd. and
Sunrise Lane as another storm water pretreatment
area. It is our understanding that this grassy area was previously a wet marsh, which treated storm water
runoff before reaching the lake. Over the years, this
area has filled in and is no longer functioning as a
pretreatment area. While restoring the marsh, it could
be beautified with low-growing native vegetation.

Surveying - Topographic Survey and
Right-of-Way
A project base map will be created using a combination
of photogrammetry and ground collected survey field
shots. The project will be surveyed at a point density
and accuracy intended to verify and densify existing
topographic information, that Lumos has performed on
adjacent projects. The base map will be presented at
40 scale with a 1- foot contour interval, consistent with National Map Accuracy Standards. Field shots will be
obtained at critical locations such as building corners, roadways, surface evidence of utilities, including
paint marks from GPR efforts to locate underground
utilities, and sanitary sewer and storm drain lines and manhole dips. All relevant site features such as fences, 229
Planning/Design Feasibility Services for Stateline Avenue Complete Streets Project 21 City of South Lake Tahoe | Section D | Scope of Work/Implementation vegetation, bollards, electrical poles and equipment,
landscape and curbs will be located. Existing trees
within the project area 6 inches and greater will be
located and shown on the base map.

Right of Way efforts will start with research of record maps and title reports, provided by the City of South
Lake Tahoe, to determine existing ROW. Our team has
performed several land surveying projects adjacent to
the proposed project and understands that existing
monumentation is infrequent and property corners
will need to be determined based upon field surveys
and lines of occupation. We will collect field data with our topographic efforts to determine the existing
right of way. We will prepare record(s) of survey to
memorialize the right of way and set monuments and
or corners as necessary.

Geotechnical Investigation
Lumos will perform a geotechnical investigation
to characterize the soils in the areas proposed for
storm infiltration facilities and pedestrian/roadway
improvements. This investigation will include laboratory testing to determine existing structural sections, the R Values of underlying soil, soil strength and to confirm percolation rates and TRPA soils analysis. Structural
sections will be recommended for various traffic index
values and recommendations will be made for any
retaining walls constructed with the project.

Environmental Constraints
GPA will complete an Environmental Constraints
Memorandum for use in the overall alternatives
analysis. GPA would first review the design
components of each alternative in order to prepare an
abbreviated project description for each alternative.

GPA would then establish the existing conditions of the project area through a review of relevant plans such as the City of South Lake Tahoe Tourist Core Area Plan,
City of South Lake Tahoe Drainage Master Plan, the
City of South Lake Tahoe Parking Management Plan,
and any other relevant environmental documentation.

GPA would conduct database searches for potential
environmental concerns, such as cultural and biological resources, and create a map using Geographic
Information Systems that identifies the size and
proximity of environmental constraints within the
project area. In addition to providing a summary of key environmental constraints, the memorandum would
also include an estimated schedule and cost associated
with environmental clearance for each alternative. The
purpose of this memorandum would be to provide the
City with a clear understanding of the environmental
requirements for each alternative prior to selection of the preferred alternative.

Upon preliminary review of the project, GPA anticipates that the project may qualify for a statutory exemption
for CEQA under Senate Bill (SB) 922 if no new rightof-way is required. SB 922 applies to “pedestrian and bicycle facilities that improve safety, access, or
mobility, including new facilities, within the public
right-of-way” and “the maintenance, repair, relocation, replacement, or removal of any utility infrastructure”
associated with the project. If the project qualifies for an exemption under SB 922, no technical studies for
the purpose of CEQA would be required and the only
recommended environmental documentation would
be a Notice of Exemption. If right-of-way is required,
GPA would provide a recommendation for the level of
CEQA documentation after 30 percent design has been
completed.
230
Planning/Design Feasibility Services for Stateline Avenue Complete Streets Project 22 City of South Lake Tahoe | Section D | Scope of Work/Implementation Conceptual Alternatives
We have reviewed existing traffic counts and have
found that at this time, the volumes do not prohibit
a one-way circulation option. We have prepared two
exhibits that shows in concept a potential complete
streets cross section and plan view of Stateline Avenue including one way circulation which does not require
right of way acquisition. We will further develop
conceptual alternatives based upon the data we collect, and the studies performed. (Detailed in Exhibit A, on
page 25.)
We will utilize the information gathered, as described
above, including the Circulation Study and Parking
Study performed in Task 3, to further clarify the project constraints. With this information, we will engage
stakeholders including business owners, and owners
and the Lakeside Park Association (Under Task 1) to
solicit thoughts, and opinions and visions they have of this project.

With a better understanding of the project constraints, we will develop up to five conceptual alternatives
and a table of benefits and challenges of each.

The alternatives and tables will be presented in a
Preliminary Design Memorandum. We will conduct a
meeting with City Staff to evaluate each alternative.

We will listen to comments and determine which
three will be advanced. The three selected conceptual
alternatives will be refined for subsequent presentation to the public, the Planning Commission and City
Council.

DELIVERABLES
{ Topographic Survey and Right of Way Basemp
{ Existing utility basemap
{ Preliminary Drainage Study
{ Geotechnical Report
{ Design Constraints Memorandum
{ Conceptual Design Illustrative Exhibits
{ Conceptual Design Alternatives
{ Plan View 20 Scale
{ Cross Sections 10 Scale
231
Planning/Design Feasibility Services for Stateline Avenue Complete Streets Project 23/24
City of South Lake Tahoe | Section D | Scope of Work/Implementation

SIDEWALK

TWO-WAY BIKE LANE

LANDSCAPE / WATER QUALITY STRIP

ONE-WAY TRAVEL LANE

PARKING STALLS

SIDEWALK

SEE CROSS

SECTION
AERIAL IMAGERY: OCTOBER 2023

LUMOS & ASSOCIATES
12' ONE-WAY

TRAVEL LANE
10'

TWO-WAY

BIKE LANE
6'
SIDEWALK 19' PARKING STALL 6' SIDEWALK

35.6'
EX. FENCE AT

BASECAMP
EX. FENCE AT

COTTAGES
19' EX. PARKING STALL

5.7'
EX.

SIDEWALK &
CURB
EX. FENCE AT

BASECAMP

EXISTING SECTION
STATELINE AVE.

CEDAR TO MANZANITA AVE.

16.4' EX. TRAVEL LANE 14.9' EX. TRAVEL LANE 6' SHOULDER EX. FENCE AT

COTTAGES
62'
6'

LANDSCAPE/
WATER

QUALITY
AREA
12' ONE-WAY

TRAVEL LANE
10'

TWO-WAY

BIKE LANE
6'
SIDEWALK 19' PARKING STALL 6' SIDEWALK

POTENTIAL SECTION
STATELINE AVE.

CEDAR TO MANZANITA AVE.

35.6'
EX. FENCE AT

BASECAMP
EX. FENCE AT

COTTAGES
19' EX. PARKING STALL

5.7'
EX.

SIDEWALK &
CURB
EX. FENCE AT

BASECAMP

EXISTING SECTION
STATELINE AVE.

CEDAR TO MANZANITA AVE.

16.4' EX. TRAVEL LANE 14.9' EX. TRAVEL LANE 6' SHOULDER EX. FENCE AT

COTTAGES
62'
6'

LANDSCAPE/
WATER

QUALITY
AREA
Existing SectionPotential Section
Exhibit A (Exhibit is displayed on an 11x17" page for best viewing) N
Stateline Avenue > Cedar Avenue to Manzanita Avenue | Aerial Imagery October 2023, Lumos & Associates 232
Planning/Design Feasibility Services for Stateline Avenue Complete Streets Project 25 City of South Lake Tahoe | Section D | Scope of Work/Implementation Task 3 – Circulation and Parking Study
The Stateline area of South Lake Tahoe California and
Stateline Nevada is a unique area for transportation
and circulation. A large visitor population stays in the big hotel/casinos in the area with winter recreation
at Heavenly Ski area and summer recreation at Lake
Tahoe and in the surrounding mountains. In addition,
several venues hold large events throughout the
year. This area has been studied many times with the
intent to improve the circulation of cars and facilitate movement of people without cars. There is a traffic
signal at US 50 intersection with Stateline Avenue as
well as at Park Avenue. Stateline Avenue has minimal
or no sidewalks or pedestrian area. There is also
parking provided along Stateline Avenue in different
locations including parallel, head in, and diagonal
parking. Stateline Avenue is the most direct route for
Stateline hotel guest to access Lake Tahoe. During the
process of improving access along Stateline Avenue
for pedestrians and bicyclists, there may need to be
changes to the vehicle traffic and parking. In order
to evaluate the possible alternatives including oneway vehicle traffic or no vehicle traffic on sections of Stateline Avenue the following task would be
performed.

Circulation Study (Traffic Study)
Intersection counts will be collected during a summer
afternoon peak hour at the following locations. Note
one-way sections of Stateline would effect many other
roadways and intersections in the area. So the list of
study intersections extends beyond Stateline Avenue in
all directions.
f US 50/Stateline Avenue
f Stateline Avenue/Cedar Avenue
f Stateline Avenue/Manzanita Avenue
f Stateline Avenue/Pine Boulevard
f US 50/Park Lane
f Park Lane/Stateline Avenue
f Park Lane/Cedar Avenue
f Park Lane/Manzanita Avenue
f US 50/Lake Parkway
f Lake Parkway/Edgewood
f Lake Parkway/Hard Rock driveway
Counts will be reviewed to determine if any adjustment
factor should be applied based on the time of year or
event situation. Then baseline (existing) traffic volumes will be presented for all intersections. US 50 and Park Lane is known to be a poorly functioning intersection
and likely the only intersection in the area that may
need and could accommodate additional turn lanes.

Therefore US 50/Park Lane will be evaluated for new
turn lane.

The traffic counts will also be used to determine the
Traffic Index for calculating appropriate structural
sections for the future street.

Parking Study
The next step would be to review recent parking
counts in the area. LSC conducted parking counts in
this area for a recent study at the Tahoe Blue Events
Center. This count will be reviewed to determine if
the data can be used or if new data will need to be
collected. If new parking usage data is needed it
would be collected in the summer, hourly from 1:00pm
to 9:00pm along Stateline Avenue as well as along
all intersecting roadways between Stateline Avenue
and Park Lane. Next the amount of parking available
along Stateline Avenue will be inventoried. For each
business and residence along Stateline a basic parking
calculation will be performed to determine the parking
demand. The parking demand will be compared to the
parking supply to determine any surplus or parking
deficiencies. The results of the parking analysis will
be another tool to evaluate the possible alternatives
for Stateline Avenue including moving, rearranging,
or removing parking. Parking management will be
a significant piece of this project. Creative solutions will be analyzed based on the data collected. Limited
parking in the area, residential and commercial parking needs, and spill over from paid parking on the Nevada
side will be considered when developing parking
options. A neighborhood parking permit program
will be evaluated to see if it would solve some of the
parking issues.

Alternatives Evaluations
With the traffic and parking baselines established,
project scenarios will be evaluated. Evaluation criteria include the following.
f vehicle circulation
f intersection level of service
f roadway capacity
f pedestrian access
f bicycle access and connections with existing trails
f transit service and access
f truck access and service driveways at Harvey’s
business driveway access and parking impacts
f qualitative discussion of impacts during large
events
Reports will be prepared to present the Circulation
Study and Parking Study. The conclusions from the
circulation and parking alternatives evaluation will be used with the alternatives analysis performed in Task 2.

DELIVERABLES
{ Circulation Study – Draft and Final Report
{ Parking Study – Draft and Final Report
233
Planning/Design Feasibility Services for Stateline Avenue Complete Streets Project 26 City of South Lake Tahoe | Section D | Scope of Work/Implementation Task 4 – Stateline Avenue Preliminary Plans /
Estimates (30%)
Our team will advance the Alternative that is selected
by the City Council to 30% plans. Lumos will prepare
30% plans incorporating the baseline survey and right
of way information and incorporate any comments
received from the City Council on the preferred
alternative. We will include lane configuration and
horizontal geometry, underground utility location,
signage and striping, pavement structural sections,
streetlight spacing, landscape architecture, and traffic signal integration.

The following critical design elements will be included on the plans:
f Identification of utilities to be replaced, upgraded
or installed
f Identification of potential utility conflicts and
incorporation of all utility relocation design
requirements
f Right of Way and easement identification to clearly
delineate work that may occur within existing
public areas and areas where easement acquisition
will be required
f Any areas of environmental concern
f Identification of roadway structural sections based
upon soils information and Traffic Index
The 30% plans will provide sufficient detail on all
design elements to allow for preparation of the 30%
cost estimate and subsequent environmental review.

Lumos will calculate quantities from the plans. We will research current unit costs from internal records as
well as review recent published public works projects.

We will then project unit costs based upon the
expected year of construction.

Lumos will identify land coverage and calculate
changes with the proposed project. This information
will be utilized to verify Land Capability with TRPA.

We will submit our findings to TRPA for review and
concurrence.

To memorialize the efforts made to adopt the
preferred alternative, we will prepare a Preliminary
Design Report. This Preliminary Design Report will
discuss the needs and goals, design standards,
alternatives considered and the recommendations of
the selected alternative. The design report will include discussion of construction issues, ADA compliance,
Caltrans coordination, water quality, and future utility coordination efforts. We will include preliminary
environmental review and identification of resources
which will need additional study with the preparation of the CEQA/NEPA document.

DELIVERABLES
{ 30% Design drawings
{ 30% Cost Estimate
{ TRPA Applications
{ Preliminary Design Report
Task 5 – Pre-Acquisition Services
Businesses will be reluctant to support any project that takes right of way or street parking from their parcel
unless there is a clear benefit to their operations.

During the initial phase we will define the existing
right of way and utilize the parking study to determine the parking needs for the businesses. Our goal will be
to help develop a collaborate strategy working with
the City, business owners, and other stakeholders to
develop win-win solutions for the business owner and
the traveling public. This may include off street parking for businesses at different locations, limiting the overall design to one side of the street to allow for parking, or acquiring the area necessary for the project and paying the potential damages to the businesses caused by the
project.

For each of the various alternatives, We will prepare
a preliminary ROW estimate to support the overall
project budget and alternative selection process.

DELIVERABLES
{ Review of conceptual alternatives
{ Preliminary ROW estimate for each alternative
234

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
235
Stateline Avenue Complete Streets – Budget Projection
July 2024 – October 2024
The above cash flow projection shown above is for partial fulfillment of the scope of services described in pages 19 – 26 of our proposal. Billing rates for Lumos and Associates will be consistent with our 2024 Fee Schedule (attached).

We anticipate the following e/ort in the first four months of this project:

Project Management
Contracting with the Team members
Coordination
Check in calls and status reports
Public Engagement and Agency Coordination
Project kicko/ meeting with city sta/
Initiation of project webpage
Initial stakeholder outreach
Stakeholder meeting
Surveying
Boundary research and calculations
Boundary resolution
Aerial survey and ground shots, limited to key areas
Utility Coordination & Location
Procurement of utility provider system maps for the Project Area Dispatch of GPR crew to mark locations of underground utilities Studies
Circulation Study to cover Planning Area
Parking Study – adjacent to Stateline Avenue, Project Area Drainage – Deferred
Geotechnical – Deferred
Cash Flow - July - October
Task July August September October
Project Management $ 10,000 $ 10,000 $ 10,000 $ 10,000
Public Engagement and Agency Coordination $ 4,500 $ 25,000 $ 1,500 $ 1,500 Surveying $ 8,000 $ 42,000 $ 31,200 $ -
Utility Coordination & Location $ 3,000 $ - $ 16,500 $ - Studies
Circulation Study $ 5,000 $ 9,000 $ 9,000 $ 9,000
Parking Study $ 4,000 $ 6,000 $ 6,000 $ 6,000
Drainage (Deferred)
Geotechical (Deferred)
Monthly Total $ 34,500 $ 92,000 $ 74,200 $ 26,500
Total Thru October $ 227,200
236
Standard Fee Schedule
January 1, 2024
CA
• Fees for prevailing wage rate projects are available upon request. • Map filing, checking, consulting, and other fees paid on behalf of the client shall be billed at cost plus fifteen percent (15%). • Overtime hours will be billed at 1.5 times the standard rate where applicable. • Survey and Field crew billing rates include standard field survey equipment and truck up to 30 mile radius, after which mileage rates apply
• Fees for depositions and testimony will be billed at two (2) times the standard billing rates Engineering Per Hour
Director $320
Group Manager 305
Senior Project Manager – Special Projects 280
Assistant / Project / Senior Project Manager 230/260/275 Staff / Project / Senior Hydrogeologist 210/220/230
Staff / Project / Senior Engineer 210/220/235
Assistant / Project / Senior Project Coordinator 165/200/215 Project / Senior Project Designer 180/190
Engineering Technician I / II / III 115/155/170
Construction Per Hour
Director $320
Materials Engineering Manager 285
Assistant / Project / Senior Project Manager 230/260/275 Staff / Project / Senior Geotechnical Engineer 210/220/235 Construction Services Supervisor / Engineer 195/210
Assistant / Project / Senior Project Coordinator 165/200/215 Geotechnician 190
Inspector / Senior Inspector (includes nuclear gauge) 180/190 Construction Technician I / II / III 145/155/165
Materials Technician I / II / III (includes nuclear gauge) 115/145/155 Administrative Technician 105/115/125
Surveying Per Hour
Director $320
Group Manager 305
Assistant / Project / Senior Project Manager 230/260/275 Staff / Project / Senior Surveyor 210/220/235
Assistant / Project / Senior Project Coordinator 165/200/215 Photogrammetrist / Photogrammetry Manager 155/180
GIS Analyst 155
Surveying Technician I / II / III 115/155/170
Party Chief 200
Administrative & Other Services Per Hour
Administrative Support $135
Copy & Print Services Cost + 15%
Mileage (per mile) 0.75
These rates apply to services rendered through December 31, 2024. Services provided after this date will be invoiced according to the Standard Fee Schedule in effect at that time. 237

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:

Tim Russell, PE, Engineering Director
By:________________________________________
238

EXHIBIT D
Certificate of Insurance
239
240
241
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 18, 2024
Agenda Item #:9
Agenda Item: Amendment No. 2 to Agreement with Wildscape Engineering, Inc. for Additional Design Services for the Upper Bijou Park Creek Watershed Restoration Project Executive Summary: The Upper Bijou Park Creek Watershed Restoration Project is a watershed-scale project seeking to address water quality and flooding issues in a phased approach in order to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850- acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The City completed Phase 1 in 2018 with the redevelopment of the Knights Inn hotel, replacing the failing storm drain infrastructure with new storm water treatment basins and conveyance system integrated in the Whole Foods/Southwest Corner redevelopment project. The City is currently in Phase 2 of the project, focused on the large upper watershed area that is subject to historic flooding, development impacts in SEZ areas, and water quality issues. On June 15, 2021, the City Council approved Resolution 2021-046, which authorized staff to apply for Lake Tahoe Restoration Reauthorization Act funding from the U.S. Forest Service, accepted the grant funds, and appropriated the $750,000 in grant revenue. On June 7, 2022, the City Council approved Resolution 2022-066, which authorized a grant amendment for the project to increase the funding from the US Forest Services by an additional $1,000,000 with 12% ($120,000) of City Matching funds. On September 7, 2021, the City Council approved a contract with Wildscape Engineering, Inc. for professional services to complete the environmental document, plans, specifications, and estimates and property acquisition services for this project for a not to exceed the amount of $460,906.69, plus $7,500 in contingency budget. On March 14, 2023, the City Council passed a motion authorizing Amendment 1 to the professional services agreement with Wildscape Engineering, Inc. for additional services related to the project for a total not-to-exceed contract amount of $483,320.69. During the project, additional services that were originally unforeseen and outside the original scope of work arose. These include additional surveying and hydraulic modeling needs for a property recently acquired by the City for the project, supplemental potholing of existing utilities, changes to the design plans that were not originally anticipated, Caltrans technical reports to support design of the Osgood Basin Expansion, additional wetland delineation for an expanded project area south of Shirley Avenue, and minor project management services. The total cost for the additional services is $54,863.40 for a total not-to-exceed contract amount of $538,184.09.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 2 to the Agreement with Wildscape Engineering, Inc. for additional design services for the Upper Bijou Park Creek Watershed Restoration Project for the amount of $54,863.40 for a total notto-exceed contract amount of $538,184.09.

Responsible Staff Member: Jason Burke, Complete Streets Program Manager and Brianna Greenlaw, Associate Civil Engineer
Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Wildscape Amentment No. 2.docx
02-Project Location Map.pdf
03-C-106-2021 Wildscape.pdf
04-C-028-2023 Wildscape Amendment1.pdf
242
05-Wildscape PSA Amendment 2.pdf
243
Council Agenda Report June 18, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 18, 2024
Title: Amendment No. 2 to Agreement with Wildscape Engineering, Inc. for Additional Design Services for the Upper Bijou Park Creek Watershed Restoration Project
Location: Bijou Park Creek Watershed
Responsible Staff Member: Jason Burke, Complete Streets Program Manager, and Brianna Greenlaw, Associate Civil Engineer
Background: The Upper Bijou Park Creek Watershed Restoration Project (Project) is a watershed-scale project seeking to address water quality and flooding issues in a phased approach in order to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850-acre watershed that discharges to Lake Tahoe via the Ski Run Marina. (See Attachment 2 Project Location Map.) The City completed Phase 1 in 2018 with the redevelopment of the Knights Inn hotel, replacing the failing storm drainpipe with new stormwater treatment basins and conveyance system integrated in the new Wholefoods/Southwest Corner redevelopment project. The City is currently in Phase 2 of the project, focused on the large upper watershed area that is subject to historic flooding, development impacts in SEZ areas, and water quality issues. The upper watershed project includes plans to restore SEZ and floodplain areas, provide drainage solutions to support future active transportation improvements focused on the Bijou Community School and phase 1c of the Dennis Machida Memorial Greenway Trail, and include distributed natural treatment systems to reduce sediment and nutrients loads in urban runoff that has the potential to impact Lake Tahoe.

On June 15, 2021, the City Council approved Resolution 2021-046, which authorized staff to apply for Lake Tahoe Restoration Reauthorization Act funding from the U.S. Forest Service, accepted the grant funds, and appropriated the $750,000 in grant revenue. On June 7, 2022, the City Council approved Resolution 2022-066, which authorized a grant amendment for the project to increase the funding from the US Forest Services by an additional $1,000,000 with 12% ($120,000) of City Matching funds.

On September 7, 2021, the City Council approved a contract with Wildscape Engineering, Inc. for professional services to complete the environmental document, plans, specifications, and estimates and property acquisition services for this project for a not to exceed the amount of $460,906.69, plus $7,500 in contingency budget. (See Attachment 3 for Original Agreement.) On March 14, 2023, the City Council passed a motion authorizing Amendment 1 to the professional services agreement with Wildscape Engineering, Inc. for additional services related to the project for a total not-to-exceed contract amount of $483,320.69. (See Attachment 4 for Amendment 1 to the Agreement.)
244
Council Agenda Report June 18, 2024 Page 2 of 2
Issue and Discussion: Wildscape Engineering has been working on all the project's tasks in their scope of services. During the project, additional services that were originally unforeseen and outside the original scope of work arose. These include additional surveying and hydraulic modeling needs for a property recently acquired by the City for the project, supplemental potholing of existing utilities, changes to the design plans that were not originally anticipated, Caltrans technical reports to support design of the Osgood Basin Expansion, additional wetland delineation for an expanded project area south of Shirley Avenue, and minor project management services. City staff has reviewed the additional services request and concurs with the extra work. The total cost for the additional services is $54,863.40 for a total not-to-exceed contract amount of $538,184.09. (See Attachment 5 for Amendment 2 to the Agreement.) Financial Implications: The City has received total grant funds in the amount of $1,750,000 from the US Forest Service. Additionally, the City has allocated $120,000 in Undesignated General Funds as a matching component. Therefore, the current total budget for the project is $1,870,000, with $486,321 allocated for planning, engineering, and design and $1,266,679 allocated for construction.

Staff is proposing to transfer $54,863.40 from the construction phase to the planning, engineering, and design phase to finish the design of the overall watershed project and construction of the Rockwood to Blackwood portion of the project before the grant expires in 2026. Approval from the Forest Service staff has been obtained. The new distribution of the funds will be:

Engineering Design - Account 301-40051-48020: $538,184.09 Right of Way and Construction - Account 301-40051-48030: $1,211,815.91 Environmental Considerations: After completing all public noticing and review period required by relevant state laws, the Planning Commission adopted the CEQA Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020 (SCH # 202090564).

On May 16, 2024, the Planning Commission adopted an addendum to the CEQA Initial Study/Mitigated Negative Declaration for the Project.

Policy Implications: Completing the engineering designs and permitting will develop a project included in the Pollutant Load Reduction Plan to reduce fine sediment particles and nutrients in urban runoff, as required by the Lake Tahoe TMDL. The project will also seek to mitigate drainage and flooding issues along Blackwood Avenue and around the Bijou Elementary school, as identified in the recently updated Drainage Master Plan. In accordance with Strategic Priority 5.5 (Fiscal Sustainability, Resiliency & Transparency), staff recommends that the City Council approve this agreement, which is primarily grant funded and will help achieve Strategic Priority 5.3 (Infrastructure and Maintenance) to develop sustainable capital improvement infrastructure projects.
245

PIONEER TR
US ROUTE 50
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), swisstopo, © OpenStreetMap contributors, and the GIS User Community
L a k e T a h o e
£¤50
£¤50
Legend
Watersheds
Storm Drain Channels
Storm Drainage Pipe
Basins
Public Land

OWNERSHIP

CALIFORNIATAHOE CONSERVANCY/STATE OF CA

CALTRANS

CITY OF SOUTH LAKE TAHOE

COUNTY OF EL DORADO

LAKE TAHOE COMMUNITY COLLEGE

LAKE TAHOE UNIFIED SCHOOL DIST

LAKE VALLEY FIRE PROT DIST

SLT SUCCESSOR AGENCY

SOUTH TAHOE REFUSE CO
STPUD

TAHOE RESOURCE CONSERVATION

UNITED STATES OF AMERICA
Bijou
Park
Creek
Bijou
Creek
Document Path: J:\PWCS 2016\16-30140051_Upper Bijou Park Creek Restoration\26_RFP\2019_Planning_Design\(01)RFP Files\BasemapPortrait 03062017.mxd S
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Eric
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City of South Lake Tahoe 3/15/2019
246

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 7th day of September 2021 by and between the City of South Lake Tahoe, a municipal corporation (“ City”) and Wildscape Engineering, Inc.(“ Consultant”).

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

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

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

AGREEMENT

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

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

All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Bijou Park Creek Watershed Restoration Project Phase 2 Engineering Services Scope,” 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.

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

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 460,906.69 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.

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7. Ownership of Documents.

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

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

8. Consultant’ s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three ( 3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three ( 3) years, or for any longer period required by law, from records shall be available at Consultant’ s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’ s business, City may, by written request by C-106-2021
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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 form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’ s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer- employee relationship exists by reason of this Contract.

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

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

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

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

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

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

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect ( including any and all C-106-2021
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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 accordance with the laws of the State of California for all of the subcontractor’ s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty ( 30) days prior to such change. Consultant shall provide thirty ( 30) days written notice of nonrenewal of any C-106-2021
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Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($ 1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims- Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($ 1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($ 1,000,000) on a claims- made annual aggregate basis, or a combined single- limit per occurrence basis.
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:

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

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 C-106-2021
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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:

Provide a copy to:

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual 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 C-106-2021
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the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure § 1094. 5, and as provided by law.

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

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

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

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).

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b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355( b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’ s or organization’ s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355( c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’ s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’ s statement as a condition of employment on this Agreement.

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

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

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.

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Joe Irvin
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Date ________________________________
Date ________________________________
APPROVED AS TO FORM:

By____________________________
City Attorney
ATTEST:

By______________________________
Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
Heather Stroud
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The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.

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EXHIBIT A

SCOPE OF SERVICES
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Prepared for
Public Works Department
City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, CA
96150
Submitted by
Wildscape Engineering Inc.

South Lake Tahoe, CA
August 20, 2021
Bijou Park Creek Watershed Restoration Project
Phase 2 Engineering Services Scope
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Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
August 20, 2021
Jason Burke
Project Manager
City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, CA 96150
Re: Phase 2 Scope for Final Engineering Design, Planning and Permitting Services for the Bijou Park Creek Watershed Restoration Project
Dear Mr. Burke,
Respectfully submitted is our updated Final Engineering Design and Planning Services Scope for the second phase of the Bijou Park Creek Watershed Restoration Project. Wildscape Engineering, Inc. is pleased and excited to continue to provide professional engineering and related services to develop and advance the stormwater collection, conveyance, and treatment improvements for the Bijou Park Creek Watershed to final construction documents and permits.

Please contact me if you have questions or need additional information. Our entire team looks forward to continuing on this important project.

Sincerely,
Carol Beahan, PE, QSD, President
[email protected]
530) 600-1810 / ( 415) 517-1375 cell
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Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
i

CONTENTS
I. Introduction ........................................................................................................................................... 1 II. Scope of Work Understanding .............................................................................................................. 1 Overview ................................................................................................................................................... 1 Project Work Tasks and Approach ............................................................................................................ 1 TASK 1. Project Management, Outreach, Public Meetings, and Coordination ................................. 2 TASK 2. Site Surveying .................................................................................................................... 2 TASK 3. Hydrologic and Hydraulic Analysis ..................................................................................... 3 TASK 4. Environmental documents ................................................................................................. 4 TASK 5. License Agreements and special use permits .................................................................... 6 TASK 6. Permitting .......................................................................................................................... 9 TASK 7. 60% Design level ps&e documents ................................................................................. 10 TASK 8. 90% PS&E ....................................................................................................................... 12 TASK 9. 100% Bid documents ....................................................................................................... 12 TASK 10. Bid Assistance ................................................................................................................. 13 TASK 11. Construction engineering (CE) ......................................................................................... 13 C-106-2021
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Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
1 I. INTRODUCTION
We are pleased to provide this update to the Phase 2 scope and costs for the continuation of the Bijou Park Creek Restoration Project ( Project) for the City of South Lake Tahoe. Wildscape Engineering Inc.

Wildscape Engineering) will proceed with the same team of design and environmental experts that were originally contracted for both Phase 1 and Phase 2. Together with our sub-consultants, Northwest Hydraulic Consultants ( NHC), Nevada Tahoe Conservation District (NTCD), Catalyst Environmental Solutions Corporation (Catalyst), Insite Land Surveys, Western Botanical Services, Interwest Consulting Group, and Lynn Barnett & Associates we have decades of experience and several implemented projects in the Tahoe Region, including direct experience in the Bijou Park Creek watershed from the Heavenly Ski Resort headwaters to the lower urbanized drainages. We are cognizant of the need to design facilities that will be reliable over the long term and easy to access and maintain. We also recognize the threat of unintended consequences, such as raising water tables in locations where drainage problems do not currently exist.

II. SCOPE OF WORK UNDERSTANDING

OVERVIEW
The 850-acre Bijou Park Creek watershed represents a highly altered watershed due to the diversion of the headwaters of Keller Canyon at Heavenly Valley Ski Resort into it. The artificial expansion of the watershed has greatly increased peak flows, which directly leads to flooding problems in the lower watershed, particularly in the vicinity of Bill and Shirley Avenues. Early development of the low-lying properties in or adjacent to SEZs such as along Blackwood Avenue and in the vicinity of Woodbine have only exacerbated the problems. Phase 1 aimed for water quality improvements and flood alleviation via various means and locations listed here and carried through 30% designs and CEQA document. The Project Team will continue to refine the designs through 60, 90 and 100 percent detail, complete the appropriate NEPA environmental document and special studies, and be open and flexible to change as new information and priorities emerge. 30% Project List
Needle Peak Localized Treatment
Shirley to Whole Foods
Osgood Expansion
Ski Run Blvd Diversion
Pioneer Crossing Culvert
Bijou Park Creek SEZ Enhancement
Upper Bijou Park Creek
Keller Canyon Bypass
Bijou School Frontage Drainage
Improvements
Rockwood to Blackwood Drainage
Improvements
Aloha Basin

PROJECT WORK TASKS AND APPROACH
The following Project Work Tasks are a composite of those listed in the RFP #02-01-2019 altered to reflect the later phases of design and with modifications to better inform and guide stakeholders, develop a legallydefensible NEPA document, acquire the necessary land use permissions, and develop fully executable and sound plans, specifications, and cost estimates for 65, 90, and 100% designs.

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Civil and Restoration Design Services
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530) 600-1810
2 TASK 1. PROJECT MANAGEMENT, OUTREACH, PUBLIC MEETINGS, AND COORDINATION

1.1 TAC, Public, and Client Meeting Continued Coordination and Participation, Project Management
The Project Manager will coordinate directly with the City of South Lake Tahoe (City) Project Manager and the design team members to schedule, prepare for, and facilitate all design team meetings, property owners’ meetings, public meetings, and Technical Advisory Committee ( TAC) meetings. We will prepare all draft meeting agendas, presentations, public outreach materials (meeting letters & notices), sign-in sheets, plan sheets, materials samples, etc. for the City’s review prior to finalizing and displaying/sharing in the various meeting forums.

This task includes time to coordinate with concurrent project efforts in the vicinity of Bijou Park Creek including the California Tahoe Conservancy’ s Greenway Project, Southwest Gas and South Tahoe Public Utility District utility line upgrades and the Pioneer Trail Pedestrian Improvement Project.

This task includes time to prepare for and participate in 60% and 90% Design Review Meetings with City staff and TAC members. Under this task, we will produce high quality exhibits to help portray the design development information, amenity features, and planning stages to the attendees at the various meetings stated above.

1.2 Phase 2 Kick Off Meeting
We propose as part of Task 1 to conduct a Phase 2 Kick Off meeting in the field with the City and Design Team to review existing conditions, 30% designs, and proposed design changes. This meeting will specifically discuss evaluating the capacity and inner workings of the Wildwood Basin and Overflow to accommodate potential changes to the location of Keller Bypass.

1.3 Planning Commission and City Council Meetings
There is a critical need to keep both the Planning Commission and City Council appraised of milestones, accomplishments, and deliverables. The regularly scheduled meetings of these bodies provide an opportunity to solicit feedback from both the council and commission members as well as the general public in short workshop-type agenda items. Our Project Manager will lay out and reach agreement with the City Project Manager the key design deliverables that should be presented in this way to these committees to streamline the Major Design Review process and Catalyst and key team members will present to the City Planning Commission and City Council the NEPA documents for discussion and adoption.

TASK 2. SITE SURVEYING
Some supplemental surveying of existing stormdrain infrastructure is required to refine the 30% designs moving into 60% detail and evaluate proposed changes. For example, inlet elevations of the recently installed culvert crossings at Pioneer Trail and Charlesworth Court will be surveyed in order to accurately show current conditions on the plans. Additional survey data will be collected on Spruce Avenue infrastructure to inform the Bijou School Frontage Drainage Improvement designs and on Sonora Avenue down to Osgood Basin in order to inform designs for the potential revised Keller Clean Water Bypass alignment down Sonora rather than Ski Run.

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Civil and Restoration Design Services
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3 In order to fine tune the Bijou Park Creek hydraulic model completed during Phase 1 that was based on available LiDAR topographic data and therefore didn’t fully capture the current channel and floodplain details, we propose conducting a Total Station topographic survey of the Bijou Park creek channel and floodplain within the project limits. Wildscape and NTCD engineers will conduct the survey and consult with NHC and the landowner and key stakeholder, USDA Forest Service Lake Tahoe Basin Management Unit (LTBMU) to ensure all key channel and floodplain data is collected in sufficient detail.

2.1 Supplemental Survey for Stormdrain Design and Bijou Park Creek Hydraulic Model Refinement
Supplemental surveying will be conducted to capture additional existing pipe inverts including a full utility survey/dip for Keller Bypass, additional survey data for Bijou School, the recently installed pipeworks at Pioneer Crossing and areas along Blackwood to support detailed design development.

To develop a more comprehensive and accurate hydraulic model to inform restoration designs for Bijou Park Creek a Total Station survey will be conducted to collect the channel longitudinal profile, representative crosssections, and cross-valley berms to sufficiently define the HEC-RAS 2-D surface, adjacent pavement elevations, and key drainage inputs. This effort will facilitate a more accurate hydraulic assessment of the channel capacity, determine any potential flood risk to adjacent property or infrastructure and help refine stream restoration designs of the Bijou Park Creek Restoration project, the Rockwood to Blackwood outfall, and improvements where the creek crosses Tamarack Ave and Warner Salas Dr.

Property boundary surveys will be conducted for up to five parcels by licensed Land Surveyor, Chip Brejc of Insite Land Surveys to support lot line adjustments, easements and/or real property acquisitions necessary to construct the project.

2.2 Utility Coordination and Identification
This task will build off the utility information collected and incorporated in the 30% plans and where conflicts may be unavoidable, we will work cooperatively with the various utilities to perform potholing using high accuracy GPS or land surveying instruments for recording and documenting in order to precisely determine elevations and any necessary avoidance measures.

Task 2 Deliverables:

All survey control and survey data points as CAD files.

Electronic and hardcopies of updated Topographic Base Map TASK 3. HYDROLOGIC AND HYDRAULIC ANALYSIS
Hydrologic and hydraulic analysis will continue building off of the efforts completed during Phase 1 in order to investigate new alternatives introduced during the later stages of 30% design and support design development as it moves through 60% and 90% detail levels.

3.1 Hydrology and Hydraulics Study for Revised Keller Bypass and Wildwood Basin Recent comments received from the City upon review of the 30% designs included a request to explore the feasibility of an alternative route for the Keller Clean Water Bypass project. Up to three alternatives will be explored that utilize streets other than Ski Run for the bypass. Determining the feasibility of alternative routes and a possible alternative outlet (the Wildwood Basin outlet instead of the Osgood Basin outlet) will require C-106-2021
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4 further hydraulic analysis, an additional site visit, and continued consultation with the City. There is already a substantial amount of information related to the hydraulics in this area so further exploration should be minimal.

3.2 Updates to PLRM
Since sediment removal is a key objective of this project, the PLRM will be updated as the project progresses to evaluate the impacts of the proposed design on water quality. The team will provide technical support to the City Project Manager to update the models as designs are further developed.

3.3 Bijou Park Creek 2-Dimensional Hydraulic Model
As discussed in Task 2.1 further refinement to SEZ design features is needed and will require further development of a 2-dimensional hydraulic model with the additional creek and floodplain field survey data collected under Task 2.

The development of the 2-dimensional hydraulic model involves pulling the field survey and LiDAR topographic data into a digital elevation model, applying appropriate Manning’s n values based on creek and floodplain cover/condition, establishing boundary conditions, and calibrating if possible, using any known stage-discharge relationships. Once operational and calibrated the model will be used to infer existing and future hydraulic conditions under scenarios corresponding with up to two restoration design alternatives.

Results from the hydraulic modeling that will inform design development include modeled stage-discharge relationships across the project site, shear stresses induced on the stream channel, banks and floodplain, and flow velocities and preferential flow paths through the floodplain improvement areas.

3.4 Osgood to Wildwood to Lake Hydraulic Analysis ( NEW TASK) Based on previous hydraulic analysis of the Wildwood Basin overflow capacity, NHC will estimate the maximum amount of flow to be diverted into the expanded Osgood Basin and provide recommendations on the hydraulic design of the diversion into the expanded basin. Our design and water resource engineers will analyze the expanded Osgood basin outlet pipe capacity at various tailwater elevations in Wildwood to check that the proposed design will not cause any backwatering into Osgood basin.

Task 3 Deliverables:

Supplemental Hydrology and Hydraulics Report with figures and appendices.

TASK 4. ENVIRONMENTAL DOCUMENTS
Preparation of environmental documents will be led by Catalyst. Under this task, Catalyst will base their approach on their expert knowledge of NEPA guidance, and other associated applicable policies and guidelines. While the CEQA has been completed some final steps are required to complete NEPA.

4.1 Updates to Proposed Project Description for NEPA and CEQA Catalyst and Wildscape have discussed NEPA compliance with USFS to determine the preferred path forward. The USFS has indicated that the Project may be processed as a Categorical Exclusion, in which case, USFS would complete NEPA internally and Catalyst would provide USFS staff with supporting documentation as-requested.

4.2 CEQA Compliance – Addendum to the MND
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5 Catalyst will prepare an Addendum for the CEQA Mitigated Negative Declaration (MND) to analyze potential impacts of the Keller Clean Water Bypass Project design. Under CEQA Guidelines Section 15164, the responsible agency (City of South Lake Tahoe) must prepare an addendum to an adopted MND if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for Environmental Impact Report (EIR) have occurred.

The following outline demonstrates how the addendum could be structured and the contents to be included:

Introduction
Summary of Proposed Project
Proposed Modification to the Mitigated Negative Declaration and Basis for an Addendum Project Description
Analysis of Potential Environmental Impacts Associated with the Proposed Modification Conclusions
List of Preparers
References
The addendum need not be circulated for public review but can be included in or attached to the final adopted negative declaration.

4.3 Tribal Notification Letter and Section 106 Letters
Catalyst will prepare a draft tribal engagement letter and submit to USFS for review/edit. We will finalize the letter and resubmit to USFS. In the event that a Tribe wishes to engage in government-to-government consultation, Catalyst will support USFS in this consultation and memorialize the exchange with notes and records.

4.4 Baseline Cultural Assessment and Report
Coordinate and perform the required cultural resource surveys required by USFS. We will build off the CHRIS records search findings and work with USFS to determine additional data needs for known cultural resources.

If field data is required, we will prepare a survey protocol memorandum and submit to USFS for review/comment to ensure the proposed protocols satisfy Section 106 and NEPA requirements. We will coordinate/perform the surveys in coordination with USFS and will memorialize the data collected with field notes, pictures, and GPS data. We will develop a draft technical memorandum that reports the survey findings and submit to USFS for review/comment. We will finalize this technical memorandum based on USFS comments and incorporate the results/findings into the NEPA document.

4.5 Botanical and Jurisdictional Waters Surveys on USFS Lands Based on the urban nature of the project area, USFS will not require any wildlife surveys (per communication with USFS biologist, Shay Zanetti on July 22, 2021), therefore, we assume no Endangered Species Act consultation would be required either. Catalyst will coordinate the required botanical surveys required by USFS. Julie Etra of WBS will coordinate/perform surveys for resident vegetative communities. Botanical surveys will be performed during the appropriate seasonal survey windows and will memorialize the data collected with field notes, pictures, and GPS data. The team will develop a draft technical memorandum that reports the survey findings and submit to USFS for review/comment. We will finalize this technical memorandum based on USFS comments and incorporate the results/findings into the NEPA document.

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6 Invasive plants will be identified as part of the botanical survey and a standalone Invasive Plant and Monitoring Plan per LTBMU requirements will be produced to support final design and construction.

Catalyst will coordinate with WBS, who will also perform a jurisdictional delineation (JD) of potential waters of the U.S. per the Clean Water Act. We will develop a wetlands/ JD survey protocol memorandum and submit to USFS for review/comment. We will coordinate/perform the survey while inventorying the project area’s vegetation/botanical resources and will memorialize the data collected with field notes, pictures, and GPS data. We will develop a draft technical memorandum that reports the delineation’ s findings and submit to USFS for review/comment. We will finalize this technical memorandum based on USFS comments and incorporate the results/findings into the NEPA document.

4.6 NEPA Categorical Exclusion Support
Catalyst will support USFS in the preparation of a Categorical Exclusion and will provide requested technical documents and clarifications regarding the ECD/MND. We will participate in up to three calls with the USFS IDT to discuss the ECD/MND, baseline info, and impacts. It is assumed that USFS will prepare the Categorical Exclusion and perform the necessary consultations, and that no new technical analysis is required for the Categorical Exclusion beyond what has been prepared for the ECD/MND.

Task 4 Deliverables
Submittal of one (1) CEQA MND Addendum
Submittal of one (1) Draft, Final Tribal Engagement Letters Submittal of one (1) Cultural Resources Technical Memorandum Submittal of one (1) Botanical/Vegetation Technical Memorandum Submittal of one (1) Invasive Plant Survey and Monitoring Report TASK 5. LICENSE AGREEMENTS AND SPECIAL USE PERMITS

5.1 License Agreements and Special Use Permits
The team will coordinate with the public agencies other than the City of South Lake Tahoe, for the parcels identified in the 30 percent plans for project improvements, as necessary to begin the permitting process. All public parcels advantageous to restoration and stormwater treatment have been identified and mapped in the 30 percent plans and the team will generate a list and figures unique to each owner for submission. Public parcels are typically preferred for stormwater improvements and restoration work as the cost to the project is much lower than acquiring private parcels. To conduct project activities on California Tahoe Conservancy CTC) parcels, the City must enter a license agreement with CTC that details the use of the land, the benefits to the public, and the long-term maintenance. A similar process is required for USFS-owned parcels; Special Use Permits must be applied for an obtained to use the parcel for project activities.

We will reach out to key staff at the CTC and USFS to discuss the use of these parcels for the Project and prepare the necessary documents such as an alternatives evaluations and special use permit applications for each desired parcel. We have experience finalizing both license agreements and special use permits with both agencies and a strong relationship with the key personnel at the CTC and the USFS. NTCD will lead this task and work with City staff as necessary to complete it.

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Civil and Restoration Design Services
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7 5.2 TRPA Land Capability Verification
The TRPA Land Capability designations incorporated in the 30% plans will be further assessed if required for permitting the individual proposed projects. Our team will coordinate and conduct TRPA Land Capability Verification analysis on property within the City rights-of-way, land acquisitions ( should there be any), and assist the City with resolving surface coverage related permit conditions that may be required within the TRPA permit for the project. We will include existing condition and proposed conditions Land Capability Study calculation summary tables on the project construction plans.

Real Property acquisitions
The preliminary plans have largely avoided the use of any private parcels not already acquired by the City of SLT to implement the preferred alternatives, however as we move through 60% design development, a few private parcels will require easement acquisitions, including the private road and 1 to 2 of the individual lots within the Mobile Home Park on Blackwood. There is also the possibility of a private property acquisition and/or a lot line adjustment for a parcel in the lower portion of the watershed to enable the most beneficial design.

This is also a critical piece of the Special Use Permit application which often requires an analysis of acquiring private parcels versus using federal parcels. We will compile necessary information on any private parcels using the El Dorado County Assessor’s website and the Tahoe Regional Planning Agency website. Useful information would include site coverage, land capability, any existing deed restrictions, assessed value, and recent sale value, if applicable. Using this information, we will evaluate if deed restrictions, conservation easements, or land swaps are a viable solution and preferentially pursue those options over full acquisition.

If the analysis reveals that full acquisition is the best path forward, the team will reach out to the private property owners to discuss the project and potential purchase of the property. We will prepare one page outline that describes the Project and its benefits to the watershed and potential sellers. We will inform the property owners of their rights related to California Code of Civil Procedure as well as the rights of the City to use eminent domain if negotiations fail; however, we will continue negotiations as long as possible to secure the necessary properties. We will prepare any documents required for real property acquisition including offer letters, purchase and sale agreements, easement acquisition agreements, appraisal reports, warrant reports, and property acquisition reports for each property.

NTCD has extensive experience working with private property owners to implement restoration and water quality projects and will lead the outreach and coordination for this task. NTCD’s previous experience has involved a variety of landowner agreements and acquisitions. We also have Interwest Consulting Group and Lynn Barnett and Associates to assist with appraisals, purchase agreements, and title, escrow, and closing.

Both firms have extensive experience with public agencies and real property acquisitions in the Lake Tahoe Basin.

5.3 Appraisals
The team of Interwest and Lynn Barnett & Associates will be provided preliminary title reports, appraisals, and applicable environmental reports such as Phase I ESA's and as applicable Phase II ESA An appraisal of each property identified for acquisition will be completed in conformance with federal and state policy.

Each property owner will be contacted by the consulting firm and given the opportunity to accompany the C-106-2021
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8 appraiser during the appraisal. The City’s Project Manager will also be given the opportunity to attend. We will prepare an appraisal report containing at a minimum, the following information:

The purpose and function of the appraisal, including limiting factors and conditions; A description of the physical characteristics of the property being acquired in addition to the highest and best use of the property;
A discussion of all relevant and reliable approaches to value. In most cases this will necessitate the use of the sales comparison approach only;
A description of comparable sales relied on in the determination of value; A statement of the value of the property rights to be acquired, including damages to the remainder; A signed certification of the appraiser and the effective dated of the valuation.

Assumption: The costs provided assume one (1) full property acquisition with one residential housing unit requiring relocation of occupants being displaced and two (2) partial take acquisitions with no displacements requiring relocation assistance. Any additional acquisitions will cost $ 15,000 each and any additional relocation beyond one household will cost $7,500 per household.

5.4 Acquisition
Acquisition services may include making contacts with property owners of all subject parcels for the purpose of negotiating purchase price of real property or easements. Consultant will assume the responsibility of coordination and management of the negotiation process. Services will include the following; Preparing the offer letter and other related documents based on the appraised and accepted fair market value;
Statement that City may take property by eminent domain for full or partial acquisitions in the event negotiations fail;
Notification in accordance with California Code of Civil Procedure Section 1263.025 that the property owner is entitled to obtain an independent appraisal, and should the property owner elect to do so, City will pay for the actual reasonable costs up to $ 5,000: the independent appraisal shall be conducted by an appraiser licensed by the Office of Real Estate Appraisers; Summary Statement Relating to the Purchase of Real Property or Interest therein; Purchase and Sale Agreement or Easement Acquisition Agreement for Public Purposes, as applicable;
Preparing the purchase agreement and conveyance documents; Delivering offer letter and conveyance documents to the City and Caltrans for review and approval; Making City requested changes as appropriate;
Meeting with property owners to discuss the project in general, reviewing easement exhibits and legal descriptions, confirming property owner and occupant information and delivering and explaining the official first written offer;
Maintaining follow-up contact information for property owners; Receiving and responding to property owner inquires either verbally or in writing and making record of such correspondence;
Maintaining contact reports for each parcel;
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9 Continuing negotiations with property owners until agreement is reached; and Transmitting signed agreements to the City promptly for acceptance and processing.

5.5 Title, Escrow, and Closing
We will assume responsibility to ensure all closings are completed in a timely manner by continuing coordination with the Title Company handling the escrows. We will work closely with the Title Company to ensure quality title is obtained. Services will include:

Reviewing the updated title. The City will obtain updated preliminary title reports for review.

Opening escrow, deposit funds and documents, prepare escrow instructions and monitor closing of escrows.

Assisting the Title Company with releasing any liens, mortgages, or encumbrances of record.

Preparing warrant requests to the City with proper supporting documentation including recommended resolutions to escrow related issues.

Coordinating the clearing of tax requirements and assessments.

Attending all meetings and facilitating all closings.

Ensuring final title policies only contain exceptions that the City is willing to accept.

Submitting a completed property acquisition report for each property, including transfer of all pertinent related documents to the City.

TASK 6. PERMITTING
The Project Manager and key task leaders all have experience applying for and acquiring resource agency, TRPA, and City and County permits for their respective stormwater, recreation, and wetland/river restoration projects. We work cooperatively with these agencies to gain their input early on in order to incorporate agency expectations and needs within the designs as is practical, in essence, “ pre-mitigate” our designs and streamline the permit acquisition process.

6.1 TRPA Permit
The Bijou Park Creek Restoration Project is a Lake Tahoe EIP Project ( EIP Number 01.01.01.0118) and therefore will need to obtain an EIP Project Permit from the Tahoe Regional Planning Agency. During the development of the Project, the appropriate TRPA EIP Planner will be involved as a member of the Technical Advisory Committee ( TAC) and will therefore have input throughout the design process. The 90% design documents will address any TRPA comments from the 60% TAC meeting and meet all requirements identified for the TRPA Permit. Utilizing the extensive work done for the NEPA/CEQA process, the Team will complete a TRPA Initial Environmental Checklist for submission with the 90% Permit Application. After obtaining a draft TRPA permit, the Team will review the contents and review the draft permit with the City so that the Design Documents can be finalized, and all regulatory requirements are conveyed to any potential bidders. For the final permit approval, the Team will send a representative to the Hearings Officer or Governing Board if necessary. The Team has successfully permitted more than 20 Lake Tahoe EIP Projects, has a good relationship with the TRPA staff, and is well versed in the TRPA process.

6.2 404/401/1600 Permitting
As laid out in the environmental document, the project, specifically the SEZ and wetland restoration elements will require most if not all of the resource agency’ permits listed below:

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Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
10 Clean Water Act (CWA) Section 401 WQ Certification – State Water Resources Control Board CWA Section 402, NPDES Permit - Lahontan Regional Water Quality Control Board CWA Section 404 Permit (Dredge and Fill) – US Army Corps of Engineers 1600 Streambed Alteration Agreement Permit – California Department of Fish and Wildlife ESA Section 7 Consultation – US Fish and Wildlife Service Under this task our team will conduct the necessary consultations and develop the draft and final application packages working in close collaboration with the design engineers between 60% and 90% design development and submit in the required order to acquire the necessary permissions to construct. Information, mapping, and data from the surveys conducted under Task 4 will be incorporated into the permit applications.

This task includes time to meet with resource agency representatives on site as needed to bring them up to speed on the site setting and need and discuss recommended measures to incorporate into the designs.

Assumptions: As stated under Section 4 no wildlife surveys will be required per Shay Zanetti at USDA Forest Service Lake Tahoe Basin Management Unit.

6.3 Stormwater Pollution Prevention Plans ( SWPPPs)
A Draft and Final Stormwater Pollution Prevention Plan or SWPPP for up to three construction packages as described under 7.1 below will be developed to comply with the Tahoe Basin Construction Permit and Lahontan RWQCB Basin Plan. The Wildscape Team will apply its extensive experience in drafting approved SWPPPs for drainage, utility, highway, and restoration projects in and around the Tahoe basin to produce up to three well-organized, site-specific Draft and Final SWPPPs that will meet all regulatory requirements and be easily adopted and applied during construction.

Task Deliverables:

Up to three (3) Draft SWPPPs
Up to three (3) Final SWPPPs
TASK 7. 60% DESIGN LEVEL PS&E DOCUMENTS

7.1 60% Plans and Technical Specifications
Incorporating comments from the City and the TAC and any identified mitigation measures or special conditions through the CEQA/NEPA process the design team will develop and present 60% design drawings, specifications, and preliminary costs to the City for review. In order to facilitate different timelines for the projects solely within USDA Forest Service lands versus those within City ROW and/or other public and private property the 60% design effort through 100% will develop up to three (3) individual plan sets and technical specification packages so that they can be bid and constructed independently. It is anticipated that one set will cover Forest Service property project elements, and one will cover the Keller Canyon Bypass Project element either as a standalone project or in combination with all other project elements.

The team will coordinate closely with the City of South Lake Tahoe to discuss alternatives when investigating major changes that arise from comments on the 30 percent plans. The plans and specifications will include construction information on all major features similar to the 30% submittal, including a title sheet, sheet index, general notes sheet, site plan with existing utilities and infrastructure, grading plan and profile sheets, pipeline C-106-2021
DocuSign Envelope ID: 6451047F- FB10-4621-BF31-20B4B8FA8E05 273
Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
11 centerline and hydraulic grade line profile sheets, temporary and permanent erosion control and BMPs, revegetation, and detail sheets. Additional design elements if not already identified during 30% design development include temporary access routes, stockpile and staging areas, and cut/fill quantities by habitat type (sufficient to initiate draft permit applications and environmental compliance documents).

All project work will be designed to minimize existing habitat disturbance, soil compaction, and infrastructure impacts.

A 60% Technical Specifications package will be developed in parallel with the plans to clearly direct the Contractor on items including but not limited to bid breakdowns, material types, installation procedures, workmanship, work restrictions, warranties, payment methods, etc. The Technical Specifications will adhere to City standards and code requirements.

7.2 60% Landscaping and Revegetation Plans and Specifications At 60% design development additional plan sheets will be incorporated to include maintenance access, trail elements, fencing, and revegetation. SEZ restoration and natural areas will be stabilized with biotechnical treatments using native materials, seeding, and mulching and the design engineers will be supported by the restoration ecologist in order to incorporate site appropriate designs and specifications. There may be limited areas requiring containerized plantings and irrigation along trail connections that will be developed by the landscape designer.

7.3 Draft Project Design Report
In order to ensure confidence in the design plans the team will develop a Draft Project Design report that summarizes the methodologies and data used to develop the design PS&E and any decisions made to modify or move away from elements agreed upon during 30% preliminary designs. The Draft SWPPPs under Task

6.3 will be developed and submitted to the City for review at this time.

7.4 NEPA/ CEQA Mitigation Design Requirements
As stated earlier, we often approach design development already knowing and integrating what will be required by the resource agencies, however this task will provide time to revisit any project modifications or additions that are to be folded into the plans to meet NEPA/CEQA requirements.

7.5 Plan Proof Field Visit
This is an excellent opportunity to field truth the plans with the City Project Manager and mark up and make any necessary edits to avoid unforeseen surprises or issues at 90% design or even during construction. This will be a critical and worthwhile step in the design process.

7.6 60% Engineer’s Estimate
Starting with the 30% cost estimate, we will incorporate the additional changes and detail developed during 60% design, including more refined quantities for earthwork and material import. Using a combination of recent real construction cost data in the Tahoe region, local supplier and vendor quotes and RS Means we will develop costs to 60% detail.

Task 7 Deliverables:

Up to 3 sets of 60% Admin Draft PS&E for City Review and to take to Plan Proof Field Visit Up to 3 sets of 60% Draft PS&E for stakeholder circulation C-106-2021
DocuSign Envelope ID: 6451047F- FB10-4621-BF31-20B4B8FA8E05 274
Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
12 Up to 3 Draft SWPPPs
TASK 8. 90% PS& E
The design team will build upon the approved 60% PS&E and incorporate input from the City and stakeholders to advance to 90% PS&E.

8.1 90% Plans and Technical Specifications
The design team will build upon the approved 60% PS&E (up to 3 sets as described under 7.1) to continue to add details for construction including but not limited to:

Detail call-out identifiers corresponding to details in detail sheets; and proofed to confirm callouts correspond correctly
Any refinements to the grading plans, profile sheets, utility, electrical, traffic control plans, etc.

Any edits as a result of the 60% TAC Design review
Any edits as a result of additional resource agency or stakeholder review and input.

The Draft SWPPPs will also be updated to incorporate any additional information discovered between 60% and 90% and significant changes to the plans that require changes to the temporary erosion control and water quality protection measures or dewatering approaches. 90% Design Report In order to maintain continuity through the design development process, the Draft Project Design report will be updated to report on any significant changes to the designs between 60% and 90% to accommodate information gained while field trothing and from City, TAC and other resource agency review and comment

8.2 90% Engineers Estimate
The 60% Engineer’s estimate will be further refined based on the edits/additions made to the plans and specifications through the 90% development
Task 8 Deliverables:

Up to 3 sets 90% Admin Draft PS&E for City Review
Up to 3 sets 90% Draft PS&E for stakeholder circulation Up to 3 Final SWPPPs
TASK 9. 100% BID DOCUMENTS
Under this task the design team will make any final changes and add any necessary detail as a result of City and TAC review and input on the 90% PS&E in order to product up to three sets of 100% stamped plans and technical specifications. The Engineer’s Estimate will be reviewed in great detail taking into consideration the current bidding environment (i.e., Contractor availability, local economy, etc.) and final refinements will be made to ensure an accurate cost estimate that will be well within the acceptable margins of error. With our extensive bench of professional civil engineers, we have the ability to do extensive internal QA/QC of all bid documents prior to submitting to the City, which will result in clear and comprehensive plans and specifications facilitating streamlined construction and preventing unnecessary costly change orders.

Task 9 Deliverables:

C-106-2021
DocuSign Envelope ID: 6451047F- FB10-4621-BF31-20B4B8FA8E05 275
Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
13 Up to 3 sets of 100% Admin Draft PS&E for City Review Up to 3 sets of 100% Stamped PS&E
Responses to Questions during Bid Advertisement and Selection TASK 10. BID ASSISTANCE

10.1 Provide responses to bidder’s questions
The proposed Project Manager and several key team members have assisted public agencies and non-profit organizations on similar large projects in developing bid advertisements, bid packages, and supporting Contractor selection. This includes quickly responding to questions and requests for information and developing any addendums as needed on a short time frame.

Task 10 Deliverables:

Draft and City Resident Engineer Approved Responses
Bid Addenda Sections
TASK 11. CONSTRUCTION ENGINEERING (CE)
The Project Manager and supporting staff have served as Engineer of Record and provided construction oversight on several similar construction projects. Therefore, our team is fully capable of providing Construction Engineering, including reviewing, and responding to material submittals, change order ( CO) requests, and RFIs on a timely basis. We will work with the City Resident Engineer to provide draft written responses and sometimes detailed figures or plan amendments for their review prior to providing to the Contractor. We understand that COs and RFIs can often come in sporadically and require fast response times in order to avoid any delays to the Contractor. Given our local presence and experience we can ensure the City that we would be responsive and effective in all these cases to ensure quality construction continues unimpeded.

11.1 Respond to Request for Information and Change Orders Wildscape Engineering would be able to provide timely responses to Contractor submitted Requests for Information (RFIs) and Change Order (CO) submittals. We would review and provide draft responses for City review within an agreed upon short time frame in order to prevent any delays to construction and would discuss with the City Project Manager and/or Engineer or Record if not Wildscape, all Change Order requests in order to protect the City’s interests.

11.2 Submittal Review and Response
This task provides time to review Contractor submittals, shop drawings and material samples and provide draft and final responses in coordination with the City Project Manager and/or Engineer of Record if not Wildscape. The formal response template will be provided to the City for review and acceptance and will cover a range of responses likely including “ Reviewed No Exceptions Taken”, “ Provide Additional Information”, Make Noted Corrections and Resubmit”.

Task 11 Deliverables:

Draft and City Resident Engineer Approved Responses to RFIs and CO Requests Revisions to Plans if necessary
C-106-2021
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EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE

TIMELINE
All work to be completed by September 7, 2025
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City of South Lake Tahoe
Amendment No. 1 to Bijou Park Creek Watershed Restoration Project, Phase 2 Engineering Services Professional Services Agreement with Wildscape Engineering, Inc. (C-106- 2021)
The Professional Services Agreement entered into on September 7, 2021, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Wildscape Engineering, Inc. (“Consultant”) is hereby amended as set forth below.

The Contract is hereby revised to add the following.

1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated September 7, 2021, to the Professional Services Agreement adds the work described within Exhibit A, Scope of Services, Budget Augment and Line Item Reassignment attached hereto and incorporated herein by reference.

2. Compensation. Compensation to be paid to the CONSULTANT, is $22,414, as described in ExhibitA, Scope ofServices. In no case shall CONSULTANTcompensation forwork completed under this Amendment exceed the amended amount of $483,320.69, without written authorization from the CITY. Payment by the CITYunder thisAgreement shall not be deemed a waiver of defects, even if such defects were known to the CITY at the time of payment.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to Professional Services Agreement with Wildscape Engineering to be executed on March 14, 2023.

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By:____________________________ Cristi Creegan, Mayor Carol Beahan, President
APPROVED AS TO FORM: ATTEST:

Heather Stroud, City Attorney Susan Blankenship, City Clerk Exhibit A: Scope of Services