1028
Fiscal Impact Category Rollforward 23/24 24/25 25/26 26/27 27/28 Future Total Fire Station 3 New Building $ - $ 1,500,000 $ 500,000 $ 6,000,000 $ 12,000,000 $ - $ - $ 20,000,000 Fire Station 3 Upgrades $ 592,050 $ - $ - $ - $ - $ - $ - $ 592,050 PS-F - Public Safety - Fire Total $ 946,546 $ 1,650,000 $ 500,000 $ 6,000,000 $ 12,000,000 $ 60,000 $ - $ 21,156,546 PS-P - Public Safety - Police
Police Department Roof Replacement $ 805,000 $ - $ - $ - $ - $ - $ - $ 805,000 Safety Communications Project $ 4,512,715 $ - $ - $ - $ - $ - $ - $ 4,512,715 PS-P - Public Safety - Police Total $ 5,317,715 $ - $ - $ - $ - $ - $ - $ 5,317,715 PWD - Public Works Admin
Grant Application Consulting Services $ - $ - $ 100,000 $ - $ - $ - $ - $ 100,000 PWD - Public Works Admin Total $ - $ - $ 100,000 $ - $ - $ - $ - $ 100,000 ST - Complete Streets
Annual Streets and Roads Paving and Rehabilitation $ 22,495,245 $ 3,609,812 $ 2,300,000 $ 3,019,161 $ 3,019,161 $ 3,019,161 $ - $ 37,462,540 Heavenly Valley Parking/Traffic Upgrades $ - $ 180,000 $ - $ - $ - $ - $ - $ 180,000 Johnson Boulevard Complete Street Project $ - $ - $ 200,000 $ 1,200,000 $ 3,000,000 $ 7,000,000 $ - $ 11,400,000 Misc. Traffic Safety and Calming Projects $ 121,568 $ - $ - $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 521,568 Pioneer Safety Project - Phase 2 $ - $ - $ 100,000 $ - $ - $ - $ - $ 100,000 Pioneer Trail Improvements - Phase II $ 830,281 $ 4,082,958 $ 1,254,898 $ - $ - $ - $ - $ 6,168,137 Pioneer Trail Safety Improvement Project - HSIP $ 175,600 $ 306,000 $ - $ - $ - $ - $ - $ 481,600 Stateline Avenue Complete Streets Project $ 100,000 $ - $ 150,000 $ 1,200,000 $ 2,000,000 $ 12,500,000 $ - $ 15,950,000 Traffic Calming Toolbox $ - $ - $ 100,000 $ - $ - $ - $ - $ 100,000 Traffic Signal Upgrades/Replacement $ - $ - $ - $ 250,000 $ - $ - $ - $ 250,000 US 50 Corridor Study $ - $ - $ 475,000 $ 2,000,000 $ - $ 18,000,000 $ - $ 20,475,000 US 50/80 Road Safety Audit Implementation $ - $ - $ 50,000 $ 250,000 $ - $ - $ - $ 300,000 Vision Zero Program $ - $ 250,000 $ - $ - $ - $ - $ - $ 250,000 ST - Complete Streets Total $ 23,722,694 $ 8,428,770 $ 4,629,898 $ 8,019,161 $ 8,119,161 $ 40,619,161 $ 100,000 $ 93,638,845 SUS - Sustainability
Citywide Sustainability and Energy Upgrade Project $ - $ 2,000,000 $ 4,500,000 $ 350,000 $ 350,000 $ 350,000 $ 6,790,103 $ 14,340,103 Corp Yard Upgrade - AHSC Grant $ - $ - $ - $ - $ - $ - $ - $ - Electric Vehicles - Fleet Replacement $ - $ - $ - $ 815,000 $ 500,000 $ 500,000 $ - $ 1,815,000 EV Charging Infrastructure - Fleet $ - $ - $ - $ 800,000 $ 800,000 $ 400,000 $ - $ 2,000,000 EV Charging Station Installation - Public Use $ - $ - $ - $ 400,000 $ 400,000 $ 400,000 $ - $ 1,200,000 EV Charging Stations - Microtransit Electric Vans $ - $ 347,000 $ - $ - $ - $ - $ - $ 347,000 Ice Arena Sustainability Project $ - $ - $ - $ - $ - $ - $ - $ - On-Call Electrical Engineering Services - Sustainability $ - $ 300,000 $ 130,000 $ - $ - $ - $ - $ 430,000 Public Works and Fire Department Backup Power $ - $ 150,000 $ - $ - $ - $ - $ - $ 150,000 Telemetry Based Mechanical Controls $ - $ - $ - $ - $ - $ - $ - $ - Water Fountain Stations $ 150,000 $ - $ - $ - $ - $ - $ - $ 150,000 SUS - Sustainability Total $ 150,000 $ 2,797,000 $ 4,630,000 $ 2,365,000 $ 2,050,000 $ 1,650,000 $ 6,790,103 $ 20,432,103 SW - Stormwater and Environmental Improvements
Bijou Park Creek -Upper Watershed $ 2,798,636 $ 577,998 $ 400,000 $ 1,104,089 $ 1,794,704 $ - $ - $ 6,675,427 Drainage Improvements - Micro Areas - City Wide $ 845,961 $ - $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 1,095,961 Drainage Master Plan Update $ 297,339 $ - $ - $ 300,000 $ - $ - $ - $ 597,339 Drainage Pipe Replacement $ 1,060,250 $ - $ - $ 900,000 $ 900,000 $ 900,000 $ 900,000 $ 4,660,250 James & Eloise Drainage Pipe Replacement $ 450,000 $ 50,000 $ - $ - $ - $ - $ - $ 500,000 Ruby Way Erosion Control Project $ 212,870 $ - $ - $ 2,500,000 $ - $ - $ - $ 2,712,870 Tahoe Valley Stormwater and Greenbelt Improvement Project $ 10,804,534 $ 5,720,000 $ 235,000 $ - $ - $ - $ - $ 16,759,534 SW - Stormwater and Environmental Improvements Total $ 16,469,590 $ 6,347,998 $ 685,000 $ 4,854,089 $ 2,744,704 $ 950,000 $ 950,000 $ 33,001,381 VE - Vehicles & Equipment
Fuel Pump Replacement $ - $ 50,000 $ - $ - $ - $ - $ - $ 50,000 Parks Equipment $ - $ 193,302 $ - $ 200,000 $ - $ 200,000 $ - $ 593,302 Public Works and Snow Equipment Vehicles Replacement $ - $ 2,189,000 $ - $ 2,000,000 $ 2,000,000 $ 2,000,000 $ - $ 8,189,000 VE - Vehicles & Equipment Total $ - $ 2,432,302 $ - $ 2,200,000 $ 2,000,000 $ 2,200,000 $ - $ 8,832,302
1029
Fiscal Impact Category Rollforward 23/24 24/25 25/26 26/27 27/28 Future Total Total $ 125,525,045 $ 30,527,794 $ 13,654,898 $ 27,858,250 $ 40,163,865 $ 78,039,161 $ 8,690,103 $ 324,459,116
1030
City Council Meeting
August 13, 2024
Capital Improvement Program Recommendations
24/25 Fiscal Year Budget
1031
Capital Improvement Program (CIP) Goals
• CIP recommendations have been developed through input and coordination with all City Departments
• It reflects community needs, City Council strategic priorities, departmental needs, and the city’s initiative, including the sustainability goals
• It incorporated the public participatory budget results • The proposed CIP is balanced based on funding availability, critical needs, and the council’s goals and initiatives
2 City of South Lake Tahoe CIP Presentation (August 13, 2024) 1032
The CIP Team
• Engineering Division
• Brianna Greenlaw
• Stephen Anderjack
• Emily Dougherty
• Jason Burke
• Airport Division
• John Dickinson
• Facilities Division
• Ricky Riddle
• Travis Shindelbower
• Fleet/Streets Divisions
• Phil Harwood
• Jerry Heath
• Parks Department
• John Stark
• Dennis Churchill
• Development Services
• Zack Thomas
• Police Department
• Jeff Roberson
• Fire Department
• Jim Drennan
• Jay Manning
• Sustainability
• Sara Letton
Ad hoc CIP Subcommittee
• Cody Bass, Mayor
• John Fredrich, Mayor Pro Tem
City of South Lake Tahoe CIP Presentation (August 13, 2024) 3 City Manager/Finance Department
• Joe Irvin
• Hilary Roverud
• Olga Tikhomirova
1033
Project Summary – 24/25
A Balanced Approach
City of South Lake Tahoe CIP Presentation (August 13, 2024) 4 • 11 Projects with Budget Requests/Recommendations for 24/25 Budget • 5 Projects from Participatory Budget Recommendations for 24/25 Budget • 8 Projects for Future Council Action during the next six months • 20 Active and ongoing projects (Fully or Partially Funded) Total: 44 projects, including Airport, Facilities, Fire, Police, Complete Street, Stormwater, Sustainability and Housing projects 1034
24/25 Budget Requests
City of South Lake Tahoe CIP Presentation (March 4, 2024) 5 1035
Facilities & Buildings
Project 24-25
Budget
Request
Funding
Source
Total Project
Cost
Status-Notes
Long Term Capital
Replacement $200,000 GF $48,000,000 On-Going General Facility upgrades Bellamy Parking
Garage Upgrades $600,000 Parking Enterprise Funds $1,523,000 Phase 1 Completed
Phase 2 – Sept. 24
Phase 3 – Will be
Implemented with the Energy
Upgrade Project.
Stateline Transit
Center Painting $60,000 Cannabis $60,000 New Project
City of South Lake Tahoe CIP Presentation (August 13, 2024) 6 1036
Public Safety – Fire
Project 24-25
Budget
Request
Funding
Source
Total Project
Cost
Status-Notes
Fire Station 3
Replacement $500,000 Measure S $20,000,000
The council directed staff to
negotiate with BOM for right-of-way
needs. $1.5 million is transferred
from FS 2. Additional 24/25 funds will
be used for ROW acquisition and
Design-Build services.
7 City of South Lake Tahoe CIP Presentation (August 13, 2024) 1037
Active Transportation (Trails, Bike, Sidewalks)
Project 24-25
Budget
Requests
Funding
Source
Total
Project Cost
Status-Notes
Citywide ADA Upgrades $100,000 Cannabis
$1,000,000
(adjusted
annually)
Started in 2023
City of South Lake Tahoe CIP Presentation (August 13, 2024) 8 1038 Complete Streets
Project 24-25 Budget
Request
Funding
Source
Total Project
Cost
Status-Notes
Annual Pavement Rehab $1,800,00 +
In-Lieu Fees (TBD) Measure S
$1,800,000 +
In lieu of
Reimbursement
(2025 only)
In lieu reimbursements from
STPUD, SWG and Lukins (TBD)
Pioneer Trail Improvements
– Phase 2
$700,000
$554,898
Measure S
SB1 $6,149,635
ROW Acquisition near completion.
The goal is to begin spring 2025,
Measure S and SB1 funding for the
paving portion of the project.
Traffic Calming Toolbox $100,000 Cannabis $100,000 New Project To address on-going requests
Pioneer Trail Safety Project –
Phase 2 $100,000 Cannabis $100,000
Relocation of utility pole and
additional widening for safety
upgrades
City of South Lake Tahoe CIP Presentation (August 13, 2024) 9 1039 Stormwater and Environmental Improvement Projects
Project 24-25
Budget
Request
Funding
Source
Total Project
Cost
Status-Notes
Drainage Improvements
– Citywide Micro Areas $50,000 Cannabis Adjusted annually On-going citizen’s response and mitigation measures.
City of South Lake Tahoe CIP Presentation (August 13, 2024) 1040 10 Public Works Administration
Project 24-25
Budget
Request
Funding
Source
Total Project
Cost
Status-Notes
Grant Application
Services $100,000 Cannabis $100,000
New Project
Assistance need to obtain
grants for unfunded
projects that are ready for
construction
City of South Lake Tahoe CIP Presentation (August 13, 2024) 11 1041
24/25 - Funding Request Summary
FUNDING BREAKDOWN SUMMARY
Funding Source 24-25 Fiscal Year Recommendations
Measure S Funds
$ 2,500,000 (Road Rehab)
$ 500,000 (FS 3)
SB 1 Funds (Road Rehab) $ 554,898
Cannabis Special Revenue $ 510,000
Parking Enterprise Funds $ 600,000
General Funds $ 200,000
Total $ 4,314,898
City of South Lake Tahoe CIP Presentation (August 13, 2024) 1042 12 24/25 Participatory Budget Recommendations
City of South Lake Tahoe CIP Presentation (March 4, 2024) 13 1043
Parks & Grounds
Project 24-25 Budget
Request
Funding
Source
Total Project
Cost
Status-Notes
Regan Beach
Renovations
$250,000
(Participatory
Budget)
GF $2,250,000
The funding request will
include general
improvements to the facility,
including ADA upgrades.
(Partial Upgrade)
City of South Lake Tahoe CIP Presentation (August 13, 2024) 14 1044 Complete Streets
Project 24-25
Budget
Request
Funding
Source
Total Project
Cost
Status-Notes
Annual Pavement Rehab
$500,000
(Participatory
Budget)
Measure S $500,000
(2025 only)
Johnson Blvd Complete
Street Project
$200,000
(Participatory
Budget)
GF $12,000,000
Phase 1 is Utility Undergrounding
(Liberty lead). Participatory Budget
allocation will allow the Feasibility
Study (Feasibility Study Only)
US 50 Road Safety Phase 1
Upgrades (City Portion)
$50,000
(Participatory
Budget
GF $50,000
Implementation of City’s portion of
Phase 1 Recommendations. Staff
recommendation.
City of South Lake Tahoe CIP Presentation (August 13, 2024) 104515 Housing (Participatory Budgeting Only)
Project 24-25
Budget
Request
Future
24/25
Council
Action for
Funding
Funding
Source
Total Project
Cost
Status-Notes
Lake Tahoe Blvd
Apartments at
3900 Lake Tahoe
Blvd
-
$1,000,000
(Participatory
Budget)
GF TBD
The Lake Tahoe Boulevard Apartments
will be 100% affordable mixed-income
residential project. Matching Funds to
leverage State and Federal funds. This
will be Set-Aside Funds.
City of South Lake Tahoe CIP Presentation (August 13, 2024) 16 1046 24/25 – Participatory Budget Funding Request Summary
FUNDING BREAKDOWN SUMMARY
Funding Source 24-25 Fiscal Year Recommendations Set-Aside for Matching Funds Measure S Funds
$ 500,000 (Road Rehab)
General Funds $ 500,000 $ 1,000,000
Total $ 1,000,000 $ 1,000,000
City of South Lake Tahoe CIP Presentation (August 13, 2024) 1047 17 Future Council Actions – Not Part of 24/25 Budget Request City of South Lake Tahoe CIP Presentation (March 4, 2024) 18 1048
Airport Division
Project Future 24/25
Council Action
for Funding
Funding
Source
Total Project
Cost
Status-Notes
Airport Fence Line $150,000 Airport Enterprise $450,000 New Project Security Issues
Airport Pavement Repair
$273,300
$885,000
$19,700
Airport Enterprise
FAA
State
$1,178,000 Asset Preservation
City of South Lake Tahoe CIP Presentation (August 13, 2024) 19 1049
Active Transportation (Trails, Bike, Sidewalks)
Project Future 24/25
Council Action
for Funding
Funding
Source
Total
Project Cost
Status-Notes
Bijou Park Connector $400,000
$172,000
TRPA Funds
Star Ballot
Measure
$1,849,056
Design to be completed in 2024
Construction in 2025 (Partially
Funded)
City of South Lake Tahoe CIP Presentation (August 13, 2024) 20 1050 Complete Streets
Project Future 24/25
Council Action
for Funding
Funding
Source
Total
Project
Cost
Status-Notes
US 50 Corridor Study (“Y” to
Stateline)
$420,517
$54,483
Caltrans Grant
City Matching Funds $20,000,000
Recently approved grant application to
begin Feasibility Study. City matching
funds were approved on 11/21/23.
(Feasibility Study only funded).
City of South Lake Tahoe CIP Presentation (August 13, 2024) 105121 Stormwater and Environmental Improvement Projects
Project Future 24/25
Council Action
for Funding
Funding Source Total Project
Cost
Status-Notes
Bijou Park Creek –
Upper Watershed $400,000 TRPA Mitigation(WQ & SEZ) $6,654,987 USFS Grant
Additional funding will allow the
construction of Rockwood to
Blackwood Drainage
Improvements (portion of the
overall project) by the Spring of
2025. (Partially Funded)
Tahoe Valley
Stormwater and
Greenbelt Improvement
Project
$160,000
$75,000
TRPA Mitigation (WQ)
Lahontan SEP $17,080,499
This project is primarily funded
by SRWQCB, LRTA, and CTC
Grants, TRPA mitigation, and
local funds. Additional funding is
needed to complete necessary
easement acquisition and
construction services.
City of South Lake Tahoe CIP Presentation (August 13, 2024) 1052 22 Sustainability Projects
Project 8/13/24 Council
Action for
Funding
Funding Source Total
Project Cost
Status-Notes
On-Call Electrical Engineering
Services for EV Stations
$45,000
$85,000
(8/13/24 council item)
Tahoe Grant Fund
Bellamy Parking
Meter
$430,000
New Project
Design for fleet EV charging
stations
City of South Lake Tahoe CIP Presentation (August 13, 2024) 23 1053
Sustainability Projects
Project Future 24/25
Council Action
for Funding
Funding
Source
Total
Project
Cost
Status-Notes
Citywide Sustainability and
Energy Upgrade Projects (this
comprehensive project includes the
component projects below, and
other energy savings measures not
listed here)
$4,500,000 Multiple
(TBD)
$12,340,103
(Estimated)
Willdan was retained in 2023 to conduct an
Investment Grade Audit toward the
development of a comprehensive Project.
The balance of the project cost will be
financed and paid out of energy cost savings.
($600,000 from Bellamy Garage Revenues)
Telemetry Based
Mechanical Controls Included above NA - Quick payback project, to be implemented early in Project.
Ice Arena
Sustainability Project Included above NA -
Most likely to begin in 2026 after the
financing plan is developed. Some additional
upgrades may need to be funded separately.
Corp Yard Solar
Project Included above NA -
Supporting Housing Program
Sugar Pine Transit/Solar Project. Funded by
AHSC grant. This will be the first project
Willdan will implement due to grant funding.
$2 million Grant.
(Funded. Not part of $4.5m)
City of South Lake Tahoe CIP Presentation (August 13, 2024) 24 1054
Future Funding Request Summary (Next 6 months)
FUNDING BREAKDOWN SUMMARY
Funding Source Future Funding Requests
Airport Enterprise or FAA Funds $ 423,300
FAA and Caltrans Airport Funds $ 904,700
TRPA Mitigation Funds
$ 400,000 (Bijou Connector)
$ 400,000 (Upper Bijou Park Creek)
$ 160,000 (Tahoe Valley Green Belt)
Lahontan $ 75,000 (Tahoe Valley Green Belt)
Star Ballot Measure $ 172,000 (Bijou Connector)
Tahoe Grant Funds $ 45,0000 (EV Design)
Bellamy Parking Meters $ 85,000 (EV Design)
Oher Funds (TBD) $ 4,500,000 (Energy Project)
Total $ 7,165,000
City of South Lake Tahoe CIP Presentation (August 13, 2024) 1055 25 Other On-Going and Active Projects (Fully or Partially Funded) • Airport Pavement Maintenance Plan ($164,556)
• Airport Master Plan Update ($514,169)
• Services Center Renovation ($215,539)
• Multi-Generational Rec. Center ($72,944,763)
• Community Fields Restroom ($216,723)
• Al Tahoe Cemetery Improvements ($80,418)
• Bijou Skate Park Renovation ($265,445)
• Regan Beach Concession Building Repairs ($50,000)
• Lakeview Commons and Ski Run Electrical Upgrades ($80,000) • Police Roof Replacement ($805,000)
• Bijou Bike Park Small Pump Track ($120,000)
City of South Lake Tahoe CIP Presentation (March 4, 2024) 26 1056
Other On-Going and Active Projects (Fully or Partially Funded) • Dennis Machida Bikeway – Phase 1C ($800,000 funded. Total estimated cost: $9.3m) • Sugar Pine Multi-Use Trail (AHSC Grant) ($2.4 million. Fully funded) • Pioneer Trail Safety Project (481,600. Fully funded)
• Stateline Ave Complete Street Project ($252,000 funded for feasibility. Total estimated cost $16m)
• Traffic Safety and Calming Projects (citywide) ($30,000 remaining funds) • EV Charging Stations for Micro-Transit Vehicles ($347,000. Fully funded) • Heavenly Valley Parking and Traffic Upgrades (Funded & near completion by Oct. 24) • Vision Zero Program ($250,000. Fully funded)
• Drainage Pipe Replacement ($617,000 balance in funding) • James and Eloise Pipe Replacement ($500,000. Fully funded) City of South Lake Tahoe CIP Presentation (March 4, 2024) 1057 27 Questions
&
Comments
28 1058
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 1 South Lake Tahoe
Capital Improvement Program
COVER PAGE
1059
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 2 Capital Improvement Program FY 2024 through 2028
Airport Pavement Maintenance Plan
Number: 50180035
Functional Area: AP - Airport/Aviation
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $165,000
5-Year Funding $164,556
5-Year Expense $331,222
Project Description
The City (Airport Sponsor) is obligated by accepting Federal Aviation Administration Airport Improvement Program to maintaining and implementing a pavement maintenance management program (FAA Airport Grant Assurance #11). Updating the Lake Tahoe Airport Pavement Maintenance Management Plan is a component of complying with Federal grant obligations required of the City of South Lake Tahoe.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $164,556 $0 $0 $0 $0 $0
Total Expense $189,812 141,410 $0 $0 $0 $0
1060
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 3 Capital Improvement Program FY 2024 through 2028
Airport Master Plan Update - Phases 1 & 2
Number: 50180032
Functional Area: AP - Airport/Aviation
Program Area: Aviation
Status: Active
Total Est. Cost: $520,000
5-Year Funding $514,169
5-Year Expense $504,169
Project Description
Survey the entire airport and surrounding environs collecting geospatial data on airport facility features to use as verified source data in 2023/2024 Airport Master Plan Update and all future planning, environmental and engineering efforts undertaken by the Airport.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $514,169 $0 $0 $0 $0
Total Expense $0 250,000 $254,169 $0 $0 $0
1061
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 4 Capital Improvement Program FY 2024 through 2028
Airport Fence Line
Number: 501800-XXXX-1-111
Functional
Area:
AP - Airport/Aviation
Program
Area:
Infrastructure and
Facility
Status: Active
Total Est.
Cost:
$450,000
5-Year
Funding
$450,000
5-Year
Expense
$450,000
Project Description
The fence line at the airport is over 50 years old and is in need of replacement. The fence line for aviation protects the airport from wildlife and other aspects that might affect air traffic. This project will be over a 5 year period.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $150,000 $150,000 $150,000 $0
Total Expense $0 0 $150,000 $150,000 $150,000 $0
1062
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 5 Capital Improvement Program FY 2024 through 2028
Airport Pavement Repair
Number: 501008-XXXX-2-111
Functional Area: AP - Airport/Aviation
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $6,000,000
5-Year Funding $22,529,000
5-Year Expense $22,529,000
Project Description
The Airport is looking to repair its pavement with seal coat, paint, and crack seal. The area will be the runway, taxiways, and apron. This project will either be funded through the airport enterprise fund or FAA AIP grant.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $1,291,000 $1,178,000 $350,000 $1,000,000 $18,710,000
Total Expense $0 1,591,000 $1,178,000 $350,000 $1,000,000 $18,410,000 1063
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 6 Capital Improvement Program FY 2024 through 2028
Bijou Park Connector Project
Number: 30150037
Functional Area: AT - Active Transportation (Trails, Bikes, Sidewalk)
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $1,142,000
5-Year Funding $1,849,056
5-Year Expense $1,660,225
Project Description
This project proposes to construct a bicycle and pedestrian trail that would link the Al Tahoe Mobility Project constructed in 2020 (Johnson Blvd & Al Tahoe Boulevard) with the CTC Greenway Trail Phase 1B (Constructed 2020). The trail would be entirely located within the City's Bijou Park Property. Project is currently in design alternatives analysis.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $977,056 $300,000 $572,000 $0 $0 $0
Total Expense $0 376,552 $1,283,673 $0 $0 $0
1064
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 7 Capital Improvement Program FY 2024 through 2028
Dennis Machida Memorial Bike Way Phase 1C
Number: 30150041
Functional Area: AT - Active Transportation (Trails, Bikes, Sidewalk)
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $10,000,000
5-Year Funding $9,223,544
5-Year Expense $9,132,492
Project Description
This project proposes to plan, design another segment of the California Tahoe Conservancy's Dennis Machida Memorial Bike Way (Greenway trail). The segment will be constructed from the limits of Herbert Avenue to the limits of Ski Run Boulevard along the Pioneer Trail Corridor. The first phase of planning will consist of performing a trail alignment analysis along the Pioneer Trail corridor. This work will commence in 2022 Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $173,544 $800,000 $0 $500,000 $7,750,000 $0
Total Expense $82,492 400,000 $400,000 $500,000 $7,750,000 $0 1065
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 8 Capital Improvement Program FY 2024 through 2028
Sugar Pine Multi-Use Trails - AHSC Grant
Number: 30150046
Functional Area: AT - Active Transportation (Trails, Bikes, Sidewalk)
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $2,422,543
5-Year Funding $2,422,543
5-Year Expense $2,422,543
Project Description
Sugar Pine multi-modal and pavement Rehab Project. This project will include Delta Street: New Class III bike lanes between Margaret Ave and Tata Lane. B Street: New Class III bike lanes between Tata Lane and Bonanza Ave. Julie Lane: New Class II bike lanes from Delta St to Lake Tahoe Boulevard. Tata Lane: New multi-use trail from Lake Tahoe Boulevard to B St. Julie Lane: New sidewalk on the west side of the road from Lake Tahoe Boulevard to the driveway at 1080 Julie Lane. Lake Tahoe Boulevard: New sidewalk on west side of road from Viking Way to approximately 167 ft N. AHSC grant funding awarded $3,107,841 capital funds and $452,254 activity delivery. Required performance terms pending a Standard Agreement from SGC.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $2,422,543 $0 $0 $0 $0
Total Expense $0 0 $433,199 $1,989,344 $0 $0
1066
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 9 Capital Improvement Program FY 2024 through 2028
Citywide ADA Upgrades
Number: 30160082
Functional Area: AT - Active Transportation (Trails, Bikes, Sidewalk)
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $1,000,000
5-Year Funding $1,250,000
5-Year Expense $1,250,000
Project Description
Phased implementation of ADA Transition Plan
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $150,000 $0 $100,000 $250,000 $250,000 $250,000
Total Expense $0 100,000 $150,000 $250,000 $250,000 $250,000 1067
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 10 Capital Improvement Program FY 2024 through 2028
Bijou Bike Park Small Pump Track Paving
Number: 30160066
Functional Area: AT - Active Transportation (Trails, Bikes, Sidewalk)
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $100,000
5-Year Funding $120,000
5-Year Expense $120,000
Project Description
Plan is to re-shape the existing small pump track at the Bijou Park bike park and include paving the track. This will allow for a more sustainable surface improving maintenance, lengthen the season of access to the track and improve accessibility. This project will be funded through ARPA funding and support from TAMBA.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $35,000 $85,000 $0 $0 $0 $0
Total Expense $0 120,000 $0 $0 $0 $0
1068
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 11 Capital Improvement Program FY 2024 through 2028
South Tahoe Bikeway Wayfinding and Amenities
Number: 30150051
Functional Area: AT - Active Transportation (Trails, Bikes, Sidewalk)
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $66,000
5-Year Funding $65,957
5-Year Expense $65,957
Project Description
This project will install Wayfinding signs and amenities along the South Tahoe Bikeway Trail Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $35,957 $30,000 $0 $0 $0 $0
Total Expense $0 65,957 $0 $0 $0 $0
1069
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 12 Capital Improvement Program FY 2024 through 2028
1740 D Street Renovations
Number: 30160028
Functional Area: FA - Facilities & Buildings
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $3,300,000
5-Year Funding $3,280,706
5-Year Expense $3,456,965
Project Description
This project proposes to renovate an empty 12,000 s.f. warehouse into office and operations staging space for City Public Works staff including Operations (Streets, Facilities, Parks), Engineering, and Public Works Administrative personnel.
Project is complete. Remaining funds are earmarked for front counter/door installation and sewer repair costs.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $3,220,706 $0 $0 $60,000 $0 $0
Total Expense $3,396,965 0 $0 $60,000 $0 $0
1070
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 13 Capital Improvement Program FY 2024 through 2028
Ice Arena Chiller Plant Replacement
Number: 301-XXXX-3-111
Functional Area: FA - Facilities & Buildings
Program Area: Asset Maintenance and Replacement
Status: Active
Total Est. Cost: $1,460,000
5-Year Funding $160,000
5-Year Expense $160,000
Project Description
R-22 Refrigerant which is used in the chiller system for the South Lake Tahoe Ice Arena has been eliminated from use by the EPA. The Ice Arena chiller plant will need to be retrofitted or replaced in order to utilize a different and legal refrigerant . Due to the age of the plant staff is recommending replacement to an Ammonia based system
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $160,000 $0 $0
Total Expense $0 0 $0 $160,000 $0 $0
1071
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 14 Capital Improvement Program FY 2024 through 2028
Services Center Renovations
Number: 30160017
Functional Area: FA - Facilities & Buildings
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $215,539
5-Year Funding $215,539
5-Year Expense $215,539
Project Description
This project proposes to renovate outdated portions of the City Services Center facility and grounds. Potential micro projects include but are not limited to: Repairing a portion of the roof/drains, parking lot rehab, trash dumpster enclosure and storage unit, replacement of forced air units, carpeting, restroom renovations, exterior paint, interior paint, etc.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $165,876 $49,663 $0 $0 $0 $0
Total Expense $0 215,539 $0 $0 $0 $0
1072
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 15 Capital Improvement Program FY 2024 through 2028
Multi-Generational Recreation Center
Number: 30160018
Functional Area: FA - Facilities & Buildings
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $72,000,000
5-Year Funding $72,944,763
5-Year Expense $70,020,510
Project Description
This project proposes to renovate and/or replace the existing 37,000 +- sq. ft. facility. The intent is to modernize the existing/new facility to current and future recreation programming needs. The project is proposed to move to a northern site on the 56 Acre Parcel. This project is funded primarily through Measure P funds. As of July 2022, phase 1 of the construction (site and utilities) has commenced.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $70,233,306 $2,711,457 $0 $0 $0 $0
Total Expense $9,520,510 27,500,000 $33,000,000 $0 $0 $0 1073
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 16 Capital Improvement Program FY 2024 through 2028
Misc. Maintenance - Minor Capital
Number: 30170020
Functional Area: FA - Facilities & Buildings
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost:
5-Year Funding $508,701
5-Year Expense $508,701
Project Description
This project consists of the annual budgeting for the repair and replacement of minor capital facilities and parks needs less than $50,000 each. Items covered may be; furnaces, boilers, fences, gates, elevator equipment, lighting, flooring, minor roofing, furniture and fixtures, irrigation assemblies, pumps etc.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $108,701 $0 $0 $100,000 $100,000 $100,000
Total Expense $0 108,701 $100,000 $100,000 $100,000 $50,000 1074
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 17 Capital Improvement Program FY 2024 through 2028
Long Term Capital Replacement
Number: 31070000
Functional Area: FA - Facilities & Buildings
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost:
5-Year Funding $2,783,266
5-Year Expense $2,783,266
Project Description
This fund is designated to be applied to miscellaneous general facility capital repair and replacement needs as arise annually valued between $25,000 and $75,000. The funds are applied to misc. assets such as but not limited to: major repairs of complex HVAC/Chiller systems, replacement of roofs, glazing's, storefronts, mechanical systems, plumbing systems and components, alarm and fire safety systems, boilers, furnaces, etc.
Additionally, the fund has a Capital Replacement reserve for Campground Infrastructure replacement derived from 5% of CG fees. This revenue/expense line shall only be used for CG infrastructure repair/replacement
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $583,266 $0 $200,000 $500,000 $550,000 $500,000
Total Expense $188,766 100,000 $294,500 $550,000 $550,000 $550,000 1075
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 18 Capital Improvement Program FY 2024 through 2028
Ice Arena Fire Suppression Repair
Number: 301-XXXX-4-111
Functional Area: FA - Facilities & Buildings
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $240,000
5-Year Funding $0
5-Year Expense $0
Project Description
This project proposes to fund the repair and replacement of overhead fire suppression lines and within the interior of the ice arena. Most of the work will be above the ice sheet and drop ceiling locations of the common areas. This project has been rolled over to the Building Energy Upgrade project.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $0 $0 $0
Total Expense $0 0 $0 $0 $0 $0
1076
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 19 Capital Improvement Program FY 2024 through 2028
Bellamy Parking Garage Upgrades
Number: 52005320
Functional Area: FA - Facilities & Buildings
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $750,000
5-Year Funding $1,523,000
5-Year Expense $923,000
Project Description
This General Fund (Parking Garage cash balance - Fund 520) Project request is to fund specific maintenance and repair items generated via the facility condition and assessment report, including the installation of EV Charging Infrastructure. $600,000 will be transferred to the Citywide Energy Upgrade Project for Painting and Lightning upgrade for the Parking Garage.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $473,000 $450,000 $600,000 $0 $0 $0
Total Expense $473,000 450,000 $0 $0 $0 $0
1077
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 20 Capital Improvement Program FY 2024 through 2028
Stateline Transit Center Exterior Painting
Number: 301-XXXX-5-111
Functional Area: FA - Facilities & Buildings
Program Area: Asset Maintenance and Replacement
Status: Active
Total Est. Cost: $60,000
5-Year Funding $60,000
5-Year Expense $60,000
Project Description
This project proposes to contract the painting/staining of the exterior of the Stateline Transit Center.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $60,000 $0 $0 $0
Total Expense $0 0 $60,000 $0 $0 $0
1078
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 21 Capital Improvement Program FY 2024 through 2028
Broadband Infrastructure Program
Number: 30160076
Functional Area: IT - Communications & IT
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $296,975
5-Year Funding $102,447
5-Year Expense $102,447
Project Description
This Project proposes to install infrastructure for Broadband service. The City has issued an RFP for Public Private Partnership and has partnered with AT&T to submit a grant application for federal funding.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $102,447 $0 $0 $0 $0
Total Expense $0 102,447 $0 $0 $0 $0
1079
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 22 Capital Improvement Program FY 2024 through 2028
56 Acres Master Plan
Number: 30160070
Functional Area: PA - Parks and Grounds
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $15,000,000
5-Year Funding $9,592,184
5-Year Expense $9,592,184
Project Description
This project will comprise phased projects towards the completion of renovated or replaced assets associated with the 56 Acre Site. Such as campground replacement, development of Main Street, park and open space amenities, construction of a civic center etc. This project is associated with the Mid-Town Area Plan and will be considered as a part of that study.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $342,184 $0 $0 $250,000 $1,000,000 $8,000,000
Total Expense $342,184 0 $0 $250,000 $1,000,000 $8,000,000 1080
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 23 Capital Improvement Program FY 2024 through 2028
Community Fields Restroom
Number: 30160050
Functional Area: PA - Parks and Grounds
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $15,000
5-Year Funding $216,723
5-Year Expense $14,223
Project Description
This project proposes to construct a restroom at the Lake Tahoe Community College Community Playfields location. This project was completed in 2013. Remaining balance is STAR Ballot Measure and can only be used for playfield items.
Recommend the City use up this balance in the 21/22 FY by completing minor maintenance and replacement needs at the facility such as: sewage pump replacement, plumbing repair etc.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $216,723 $0 $0 $0 $0 $0
Total Expense $0 14,223 $0 $0 $0 $0
1081
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 24 Capital Improvement Program FY 2024 through 2028
Community Playfields
Number: 30160068
Functional Area: PA - Parks and Grounds
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost:
5-Year Funding $1,578,207
5-Year Expense $1,197,689
Project Description
This project was completed in 2020. The remaining funds are earmarked for post project adaptive management for features such as additional signage, turf repair, fencing, storm water upgrades etc.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $1,578,207 $0 $0 $0 $0 $0
Total Expense $1,168,982 28,707 $0 $0 $0 $0
1082
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 25 Capital Improvement Program FY 2024 through 2028
Al Tahoe Cemetery Security Improvements
Number: 30160073
Functional Area: PA - Parks and Grounds
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $45,000
5-Year Funding $80,418
5-Year Expense $35,418
Project Description
This project proposes to provide security improvements to the Al Tahoe Cemetery. Proposed improvements include but may not be limited to: new perimeter fencing and gate, gate access controls, lighting, signage, and security cameras. This project is intended to curb ongoing vandalism at the site and eliminate pass through travel.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $80,418 $0 $0 $0 $0 $0
Total Expense $0 15,000 $15,000 $5,418 $0 $0
1083
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 26 Capital Improvement Program FY 2024 through 2028
Bijou Park Skate Park Renovations
Number: 30160075
Functional Area: PA - Parks and Grounds
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $250,000
5-Year Funding $265,445
5-Year Expense $265,445
Project Description
Phase I of this project is to make repairs to the existing skate park. Phase II is to design and construct a new skate park located at the existing basketball court. Phase III is to create a conceptual design for a larger skate park. This is all funded through ARPA funds.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $250,000 $15,445 $0 $0 $0 $0
Total Expense $63,674 201,771 $0 $0 $0 $0
1084
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 27 Capital Improvement Program FY 2024 through 2028
Regan Beach Concession Building Repairs
Number: 30160005
Functional Area: PA - Parks and Grounds
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $50,000
5-Year Funding $50,000
5-Year Expense $50,000
Project Description
This project proposes to repair the stairs and railings at the Regan Beach concession building deck.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $50,000 $0 $0 $0 $0 $0
Total Expense $0 50,000 $0 $0 $0 $0
1085
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 28 Capital Improvement Program FY 2024 through 2028
Regan Beach Renovations
Number: 301-XXXX-6-111
Functional Area: PA - Parks and Grounds
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $17,000,000
5-Year Funding $2,250,000
5-Year Expense $2,250,000
Project Description
This project request proposes to update park renovation documents and concept plans completed in 2015 and enter into design document phase and ultimately construction phase.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $250,000 $1,000,000 $1,000,000 $0
Total Expense $0 0 $250,000 $1,000,000 $1,000,000 $0
1086
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 29 Capital Improvement Program FY 2024 through 2028
Existing Recreation Center Demolition/Site Restoration
Number: 301-XXXX-7-111
Functional Area: PA - Parks and Grounds
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $5,000,000
5-Year Funding $5,000,000
5-Year Expense $5,000,000
Project Description
This project proposes to demolish the existing Recreation Center and return site to natural condition per the Agreement with El Dorado County and the TRPA permit for the New Rec Center. This work is scheduled for 2025 - 2026 Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $0 $0 $5,000,000
Total Expense $0 0 $0 $0 $0 $5,000,000
1087
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 30 Capital Improvement Program FY 2024 through 2028
Lakeview Commons and Ski Run Blvd Electrical Upgrades
Number: 30160051
Functional Area: PA - Parks and Grounds
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $80,000
5-Year Funding $80,000
5-Year Expense $80,000
Project Description
This project proposes to amend the existing Lakeview Commons CIP fund to is to fund the installation of a new 200 amp electrical infrastructure at the Lakeview Commons Park shoreline and at Ski Run Blvd Farmers Market to supply adequate power for concerts, special events, and to support event vendors Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $80,000 $0 $0 $0 $0 $0
Total Expense $0 80,000 $0 $0 $0 $0
1088
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 31 Capital Improvement Program FY 2024 through 2028
New Parks Shop
Number: 301-XXXX-8-111
Functional Area: PA - Parks and Grounds
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $1,600,000
5-Year Funding $1,600,000
5-Year Expense $1,600,000
Project Description
Replace the existing park shop which has a condition rating of 73.4% or Very Poor as per the City's Facility Conditions Assessment report. Construct a new park shop adjacent to the old park shop equipped with space for vehicles, workspace, storage, office space, restrooms and kitchen.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $100,000 $1,500,000 $0
Total Expense $0 0 $0 $100,000 $1,500,000 $0
1089
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 32 Capital Improvement Program FY 2024 through 2028
Conolley Beach Restrooms
Number: 301-XXXX-9-111
Functional Area: PA - Parks and Grounds
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $1,000,000
5-Year Funding $1,000,000
5-Year Expense $1,000,000
Project Description
Construct Exeloo self-cleaning restrooms at Conolley Beach including utility upgrades. This would replace the existing porta-potties and provide a higher level of service for the beach-going public.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $1,000,000 $0 $0
Total Expense $0 0 $0 $1,000,000 $0 $0
1090
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 33 Capital Improvement Program FY 2024 through 2028
Parks Interim Trailer
Number: 301-XXXX-10-111
Functional Area: PA - Parks and Grounds
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $100,000
5-Year Funding $100,000
5-Year Expense $100,000
Project Description
This project will install a Trailer at the current Parks Area for staff use, until a new site plan is identified, and a new Parks Building is constructed.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $100,000 $0 $0 $0 $0
Total Expense $0 100,000 $0 $0 $0 $0
1091
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 34 Capital Improvement Program FY 2024 through 2028
Fire Station 2 Replacement
Number: 30160019
Functional Area: PS-F - Public Safety - Fire
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost:
5-Year Funding $154,496
5-Year Expense $66,246
Project Description
Previously, this project had an annual appropriation of $500,000 in Measure S (102) funds to build project funding for the planning, design, and construction of Fire Station II. This funding strategy was set up by the Fire Chief to assure the funds will be set aside for this endeavor. Per City Council Direction on 9/12/23, the funds accrued in this account will be transferred to FS 3 and will continue to fund FS3 new project.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $154,496 $0 $0 $0 $0 $0
Total Expense $66,246 0 $0 $0 $0 $0
1092
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 35 Capital Improvement Program FY 2024 through 2028
Fire Station 3 Upgrades
Number: 30160071
Functional Area: PS-F - Public Safety - Fire
Program Area: Asset Maintenance and Replacement
Status: Active
Total Est. Cost: $421,050
5-Year Funding $592,050
5-Year Expense $1,021,050
Project Description
The project proposes to modernize the living and business areas of the facility.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $592,050 $0 $0 $0 $0 $0
Total Expense $649,950 371,100 $0 $0 $0 $0
1093
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 36 Capital Improvement Program FY 2024 through 2028
Fire Prevention - USFS Grant
Number: 50180041
Functional Area: PS-F - Public Safety - Fire
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $200,000
5-Year Funding $200,000
5-Year Expense $350,000
Project Description
Hand cutting treatment of approximately 12 acres of extremely unhealthy monoculture forest (Airport Units 3 & 4) located adjacent to HWY 50 right of way and the decommissioned air traffic control tower.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $200,000 $0 $0 $0 $0 $0
Total Expense $169,725 180,275 $0 $0 $0 $0
1094
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 37 Capital Improvement Program FY 2024 through 2028
Fire Station 2 Roof Repairs
Number: 301-XXXX-11-111
Functional Area: PS-F - Public Safety - Fire
Program Area: Asset Maintenance and Replacement
Status: Active
Total Est. Cost: $60,000
5-Year Funding $60,000
5-Year Expense $60,000
Project Description
his project proposes to replace the roof at Fire Station II at end of life. Project is scheduled for 2025 depending on condition.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $0 $0 $60,000
Total Expense $0 0 $0 $0 $0 $60,000
1095
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 38 Capital Improvement Program FY 2024 through 2028
Fire Station 1 Upgrades
Number: 301-XXXX-12-111
Functional Area: PS-F - Public Safety - Fire
Program Area: Asset Maintenance and Replacement
Status: Active
Total Est. Cost: $150,000
5-Year Funding $150,000
5-Year Expense $150,000
Project Description
This project proposes to replace the flooring and paint the interior of FS 1.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $150,000 $0 $0 $0 $0
Total Expense $0 150,000 $0 $0 $0 $0
1096
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 39 Capital Improvement Program FY 2024 through 2028
Fire Station 3 New Building
Number: 301-XXXX-13-111
Functional Area: PS-F - Public Safety - Fire
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $20,000,000
5-Year Funding $20,000,000
5-Year Expense $20,000,000
Project Description
Construct a new Fire Station using a Design-Build delivery method.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $1,500,000 $500,000 $6,000,000 $12,000,000 $0
Total Expense $0 0 $2,000,000 $6,000,000 $12,000,000 $0 1097
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 40 Capital Improvement Program FY 2024 through 2028
Safety Communications Project
Number: 30170021
Functional Area: PS-P - Public Safety - Police
Program Area: Communications and Information
Technology
Status: Active
Total Est. Cost: $3,150,000
5-Year Funding $4,512,715
5-Year Expense $4,512,714
Project Description
This project proposes to replace outdated public safety mainframe communications equipment and systems. The project proposes to align communications with partner agencies, improve signal across all parts of the City and County (east slope), upgrade 911 systems and generally develop the City's emergency communications system into an effective system for the future.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $4,512,715 $0 $0 $0 $0 $0
Total Expense $4,512,714 0 $0 $0 $0 $0
1098
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 41 Capital Improvement Program FY 2024 through 2028
Police Department Roof Replacement
Number: 30160022
Functional Area: PS-P - Public Safety - Police
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $805,000
5-Year Funding $805,000
5-Year Expense $805,000
Project Description
This project proposes to replace PD Roof with new insulation/pitch and single ply membrane roof. Replace wood shingle mansards with comp shingles or standing seam metal. Abandon all interior drain scuppers and drain roof to exterior of building.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $805,000 $0 $0 $0 $0 $0
Total Expense $60,000 0 $745,000 $0 $0 $0
1099
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 42 Capital Improvement Program FY 2024 through 2028
Grant Application Consulting Services
Number: 301-XXXX-14-111
Functional Area: PWD - Public Works Admin
Program Area: Storm Water NPDES
Status: Active
Total Est. Cost: $100,000
5-Year Funding $100,000
5-Year Expense $100,000
Project Description
There are several major high-priority Stormwater and Complete Streets projects with partial or complete designs that remain unfunded. This project aims to retain a qualified and experienced grant writer to apply for several state and federal grants to close the funding gaps for these projects. This will include the Upper Bijou Water Shed Project, Ruby Way Drainage Improvements, Tahoe Valley and Greenbelt Project, Dennis T. Machida 1C construction project, Stateline Complete Street, Johnson Blvd Complete Streets, and other high-priority complete Streets projects.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $100,000 $0 $0 $0
Total Expense $0 0 $100,000 $0 $0 $0
1100
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 43 Capital Improvement Program FY 2024 through 2028
Annual Streets and Roads Paving and Rehabilitation
Number: 30150005
Functional Area: ST - Complete Streets
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost:
5-Year Funding $37,462,540
5-Year Expense $37,395,245
Project Description
Public Works annual roadway rehabilitation project. This project fund account may also be subsidized by the RMRA Gas Tax Funds contained within 301-50035.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $22,495,245 $3,609,812 $2,300,000 $3,019,161 $3,000,000 $3,019,161
Total Expense $22,495,245 3,600,000 $2,300,000 $3,000,000 $3,000,000 $3,000,000 1101
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 44 Capital Improvement Program FY 2024 through 2028
Pioneer Trail Improvements - Phase II
Number: 30150024
Functional Area: ST - Complete Streets
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $5,000,000
5-Year Funding $6,168,137
5-Year Expense $6,168,137
Project Description
This project is designed to increase pedestrian safety along Pioneer Trail between Larch Avenue and Ski Run Boulevard (Phase II). Project includes new sidewalks, ADA curb ramps, and pedestrian lighting. Project is currently in design phase and is seeking funds for property acquisition and construction.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $830,281 $4,082,958 $1,254,898 $0 $0 $0
Total Expense $365,801 330,823 $5,471,513 $0 $0 $0
1102
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 45 Capital Improvement Program FY 2024 through 2028
Pioneer Trail Safety Improvement Project - HSIP
Number: 30150038
Functional Area: ST - Complete Streets
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $55,000
5-Year Funding $481,600
5-Year Expense $494,512
Project Description
This project proposes to make roadway safety improvements at the intersection of Glenwood Way and Pioneer Trail. Funded primarily through Highway Safety Improvement Program Funds. Project was determined viable from the TRPA Regional roadway Safety Audit.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $175,600 $306,000 $0 $0 $0 $0
Total Expense $30,500 464,012 $0 $0 $0 $0
1103
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 46 Capital Improvement Program FY 2024 through 2028
Stateline Avenue Complete Streets Project
Number: 30150045
Functional Area: ST - Complete Streets
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $16,000,000
5-Year Funding $15,950,000
5-Year Expense $15,950,000
Project Description
This project proposes to develop complete street design standards along Stateline Avenue for multiple uses including automobile, bikes, and pedestrians. This project would also include upgrading all storm drain infrastructure including Stateline outfall.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $100,000 $0 $150,000 $1,200,000 $2,000,000 $12,500,000
Total Expense $0 100,000 $150,000 $1,200,000 $2,000,000 $12,500,000 1104
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 47 Capital Improvement Program FY 2024 through 2028
Misc. Traffic Safety and Calming Projects
Number: 30150043
Functional Area: ST - Complete Streets
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $750,000
5-Year Funding $521,568
5-Year Expense $521,568
Project Description
This project supports ongoing traffic safety projects. These projects will be based on priority needs, public requests, and regulatory mandates.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $121,568 $0 $0 $100,000 $100,000 $100,000
Total Expense $5,180 0 $116,388 $100,000 $100,000 $100,000 1105
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 48 Capital Improvement Program FY 2024 through 2028
Traffic Signal Upgrades/Replacement
Number: 301-XXXX-15-111
Functional Area: ST - Complete Streets
Program Area: Asset Maintenance and Replacement
Status: Active
Total Est. Cost: $250,000
5-Year Funding $250,000
5-Year Expense $250,000
Project Description
This request is to fund the upgrade and/or replacement of City owned off-highway traffic signals at the following locations:
Al Tahoe & Pioneer, Al Tahoe and Johnson Blvd., and Lake Tahoe Blvd and Viking Way. This project is not currently included in the Five-Year CIP and is being requested by the Director of Public Works.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $250,000 $0 $0
Total Expense $0 0 $0 $250,000 $0 $0
1106
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 49 Capital Improvement Program FY 2024 through 2028
Heavenly Valley Parking/Traffic Upgrades
Number: 30150048
Functional Area: ST - Complete Streets
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $180,000
5-Year Funding $180,000
5-Year Expense $180,000
Project Description
This project will implement parking management and traffic control along the Heavenly Village Area to mitigate parking and congestion impacts from Heavenly Resort.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $180,000 $0 $0 $0 $0
Total Expense $0 180,000 $0 $0 $0 $0
1107
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 50 Capital Improvement Program FY 2024 through 2028
Vision Zero Program
Number: 30150049
Functional Area: ST - Complete Streets
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $250,000
5-Year Funding $250,000
5-Year Expense $250,000
Project Description
Vision Zero will develop a program to reduce fatalities and increase vehicular, pedestrian, and bicycle safety in the City.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $250,000 $0 $0 $0 $0
Total Expense $0 250,000 $0 $0 $0 $0
1108
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 51 Capital Improvement Program FY 2024 through 2028
Traffic Calming Toolbox
Number: 301-XXXX-16-111
Functional Area: ST - Complete Streets
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $100,000
5-Year Funding $100,000
5-Year Expense $100,000
Project Description
The goal of this project is to develop a toolbox for traffic calming, parking management, and traffic control device installations through s systematic and safe process.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $100,000 $0 $0 $0
Total Expense $0 0 $100,000 $0 $0 $0
1109
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 52 Capital Improvement Program FY 2024 through 2028
Pioneer Safety Project - Phase 2
Number: 301-XXXX-17-111
Functional Area: ST - Complete Streets
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $100,000
5-Year Funding $100,000
5-Year Expense $100,000
Project Description
This project will complete the Phase 1 safety and will widen the roadway for appropriate shoulder width.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $100,000 $0 $0 $0
Total Expense $0 0 $100,000 $0 $0 $0
1110
Capital Improvement Program FY 2024 through 2028 Page 53 City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028
US 50/89 Road Safety Audit Implementation
Number: 301-XXXX-18-111
Functional Area: ST - Complete Streets
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $50,000
5-Year Funding $300,000
5-Year Expense $300,000
Project Description
This project will implement City's portion of RSA for Phase 1, which will consist of Speed Feedback signs and Signing and Striping upgrade along US 50 and 89. Caltrans will lead and implement other recommendations.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $50,000 $250,000 $0 $0
Total Expense $0 0 $50,000 $250,000 $0 $0
1111
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 54 Capital Improvement Program FY 2024 through 2028
US 50 Corridor Study
Number: 301-XXXX-19-111
Functional Area: ST - Complete Streets
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $475,000
5-Year Funding $20,475,000
5-Year Expense $20,475,000
Project Description
This project will prepare a Feasibility Study for US 50, from "Y" to Stateline, to develop concepts for speed management, and transit service enhancement, including a Mobility Hub and Gondola Transit concept along the project corridor.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $475,000 $2,000,000 $1,000,000 $18,000,000
Total Expense $0 0 $475,000 $1,000,000 $1,000,000 $12,524,517 1112
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 55 Capital Improvement Program FY 2024 through 2028
Johnson Boulevard Complete Street Project
Number: 301-XXXX-35-1111
Functional Area: ST - Complete Streets
Program Area: Transportation, Bicycle, and Pedestrian
Status: Active
Total Est. Cost: $12,000,000
5-Year Funding $11,400,000
5-Year Expense $200,000
Project Description
Johnson Boulevard Complete Street Project will follow the Liberty Power Rule 20A Powerline Undergrounding Project and will create a bicycle and pedestrian facility upgrade to connect to the schools and other developments in the area. The project's first phase will entail a feasibility analysis of a Complete Street Design concept.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $200,000 $1,200,000 $0 $7,000,000
Total Expense $0 0 $200,000 $0 $0 $0
1113
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 56 Capital Improvement Program FY 2024 through 2028
Electric Vehicles - Fleet Replacement
Number: 301-XXXX-20-111
Functional Area: SUS - Sustainability
Program Area: Sustainability
Status: Active
Total Est. Cost: $2,000,000
5-Year Funding $1,815,000
5-Year Expense $1,815,000
Project Description
This project is to begin and continue the ongoing purchase of electric vehicles for city operations. The fiscal year 24-25 request is to fund 9 electric vehicles to replace existing pool cars for Public Works (2), Parks (3), Airport (1), and Police (3 pursuit vehicles).
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $815,000 $500,000 $500,000
Total Expense $0 0 $0 $815,000 $500,000 $500,000
1114
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 57 Capital Improvement Program FY 2024 through 2028
Corp Yard Upgrade - AHSC Grant
Number: 30160081
Functional Area: SUS - Sustainability
Program Area: Sustainability
Status: Active
Total Est. Cost: $2,000,000
5-Year Funding $0
5-Year Expense $0
Project Description
This project is a carbon reduction energy project for the City's Public Works Campus. The first phase is scheduled to begin design in 2024, and construction will begin in 24/25. The project will include a resilient solar power system in the City’s Corporation Yard, possible building upgrades, ADA upgrades, and energy-saving components.
The solar project will include carport-mounted panels to capture the energy that will benefit transit-related amenities at the Shop Street campus. The system will be designed for compatibility with a battery storage system to maximize energy independence and manage energy loads. AHSC funds awarded $2,000,000. This project has been rolled into the citywide Energy Upgrade Project.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $0 $0 $0
Total Expense $0 0 $0 $0 $0 $0
1115
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 58 Capital Improvement Program FY 2024 through 2028
EV Charging Station Installation - Public Use
Number: 301-XXXX-21-111
Functional Area: SUS - Sustainability
Program Area: Sustainability
Status: Active
Total Est. Cost: $1,600,000
5-Year Funding $1,200,000
5-Year Expense $1,200,000
Project Description
This project considers a multi-year consistent approach to EV Charging over a ten year timeline. This General Fund appropriation request is to fund Phase 1 of the city's goals and objectives of installing electric vehicle (EV) charging stations for public use (user pay sites) per the 2022 adopted EV Charger Siting plan. The funds requested may be reimbursed through grants. Other financial models are being considered for best financial benefit for the City.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $400,000 $400,000 $400,000
Total Expense $0 0 $0 $400,000 $400,000 $400,000
1116
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 59 Capital Improvement Program FY 2024 through 2028
On-Call Electrical Engineering Services - Sustainability Number: 301-XXXX-22-111
Functional Area: SUS - Sustainability
Program Area: Sustainability
Status: Active
Total Est. Cost: $100,000
5-Year Funding $430,000
5-Year Expense $430,000
Project Description
This General Fund appropriation request is to fund a three year contract ($450k) for electrical engineering design consulting services. Primarily to assist the Public Works/Sustainability Departments with planning and design of sustainable retrofits and projects such as: micro grid, photovoltaic, systems retrofit, EV Charging, facility energy retrofits etc. Projects slated for consideration are; PD Vehicle Charging, Public Charging Stations, Microtransit charging locations, Facility Battery Back Up system evaluation, other fleet sites, etc.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $300,000 $130,000 $0 $0 $0
Total Expense $0 0 $430,000 $0 $0 $0
1117
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 60 Capital Improvement Program FY 2024 through 2028
Telemetry Based Mechanical Controls
Number: 301-XXXX-23-111
Functional Area: SUS - Sustainability
Program Area: Sustainability
Status: Active
Total Est. Cost: $120,000
5-Year Funding $0
5-Year Expense $0
Project Description
This proposes installing and licensing telemetry-based mechanical and electrical monitoring equipment to remotely control temperatures and operations of specific equipment. Snowmelt system controls are an example. This project has been rolled into the Citywide Energy Upgrade Project.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $0 $0 $0
Total Expense $0 0 $0 $0 $0 $0
1118
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 61 Capital Improvement Program FY 2024 through 2028
EV Charging Stations - Microtransit Electric Vans
Number: 301-XXXX-24-111
Functional Area: SUS - Sustainability
Program Area: Sustainability
Status: Active
Total Est. Cost: $491,000
5-Year Funding $347,000
5-Year Expense $491,000
Project Description
This project proposes to construct supportive charging infrastructure for an electrified micro-transit fleet. This will include an overnight, Level 2, EV Charging Base Station for four micro-transit vans (Lake Link) at the City's Motor Pool Facility (1700 D Street). Station will have solar, connected to a battery and to the grid, metered separately as part of Liberty's 'Make Ready' program. City has been awarded TRPA Regional Grant Program (RGP) funding from the CalTrans Carbon Reduction Program in the amount $275,355 (with an additional 11.47% match) for the Project. Funds can be expensed beginning Oct. 1 2023.
Additionally, an electrified micro-transit fleet will necessitate on-route fast charging for mid-shift fueling. A Level 3 charger is proposed for the heart of the service territory near the City's Ice Arena on Rufus Allen Blvd. A snow and/or solar canopy is desired.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $347,000 $0 $0 $0 $0
Total Expense $0 357,000 $134,000 $0 $0 $0
1119
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 62 Capital Improvement Program FY 2024 through 2028
Water Fountain Stations
Number: 301-XXXX-25-111
Functional Area: SUS - Sustainability
Program Area: Sustainability
Status: Active
Total Est. Cost: $59,999
5-Year Funding $150,000
5-Year Expense $150,000
Project Description
Upon passing an updated Plastics and Polystyrene ordinance in fall of 2023, council requested that publicly available fountains/water bottle refill stations be expanded.
This project proposes to install such stations at 7 sites across town: Lakeview Commons, Lakeview Boatramp, Regan Beach, Little League Fields/Scout Lodge, Bijou Park, Bijou Dog Park, and Community Playfields.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $150,000 $0 $0 $0 $0 $0
Total Expense $46,000 104,000 $0 $0 $0 $0
1120
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 63 Capital Improvement Program FY 2024 through 2028
EV Charging Infrastructure - Fleet
Number: 301-XXXX-26-111
Functional Area: SUS - Sustainability
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $1,500,000
5-Year Funding $2,000,000
5-Year Expense $2,000,000
Project Description
The City will install electric vehicle charging infrastructure to support the transition to electric vehicles, focused on a light duty transition first. Locations have been identified in a 2022 EV Charger Siting Plan, which takes int account the 2021 - 2026 City of South Lake Tahoe Electric Fleet Transition Plan. Note: this Plan will be updated in 2024.
Once infrastructure is in place, electric vehicles can be procured on a scheduled basis, replacing internal combustion engine vehicles.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $800,000 $800,000 $400,000
Total Expense $0 0 $0 $800,000 $800,000 $400,000
1121
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 64 Capital Improvement Program FY 2024 through 2028
Ice Arena Sustainability Project
Number: 301-XXXX-27-111
Functional Area: SUS - Sustainability
Program Area: Sustainability
Status: Active
Total Est. Cost: $5,650,000
5-Year Funding $0
5-Year Expense $0
Project Description
This project will create energy savings retrofits, which can be combined with other Ice Arena upgrade Projects. Other improvements will include Roof Replacement ($1.6 million), Chiller Plant Replacement ($1.5 million), HVAC/Dehumidification Equipment Replacement ($350K), and Renovation of Locker Rooms ($300K). This project has been rolled over to the Citywide Energy Upgrade project.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $0 $0 $0 $0 $0
Total Expense $0 0 $0 $0 $0 $0
1122
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 65 Capital Improvement Program FY 2024 through 2028
Public Works and Fire Department Backup Power
Number: 30170053
Functional Area: SUS - Sustainability
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $150,000
5-Year Funding $150,000
5-Year Expense $150,000
Project Description
This project will add Backup Power for the Public Works Department. The purpose of the backup power is to maintain the building operations, including PWD servers and planned EVCS charging stations.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $150,000 $0 $0 $0 $0
Total Expense $0 0 $150,000 $0 $0 $0
1123
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 66 Capital Improvement Program FY 2024 through 2028
Citywide Sustainability and Energy Upgrade Project
Number: 301-XXXX-28-111
Functional Area: SUS - Sustainability
Program Area: Infrastructure and Facility
Status: Active
Total Est. Cost: $12,340,103
5-Year Funding $14,340,103
5-Year Expense $14,340,103
Project Description
Willdan was retained in 2023 to conduct an investment-grade audit toward the development of a comprehensive Project. This project will upgrade the energy components of buildings, including the telemetry-based mechanical control, ice arena sustainability, and Cor Yard solar project. This project will require initial funding from the City and finance for a 20-year payment. $600,000 will also be allocated from Bellamy Garage revenues.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $2,000,000 $4,500,000 $350,000 $6,340,103 $350,000
Total Expense $0 0 $2,000,000 $6,000,000 $6,340,103 $0
1124
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 67 Capital Improvement Program FY 2024 through 2028
Tahoe Valley Stormwater and Greenbelt Improvement Project Number: 30140030
Functional Area: SW - Stormwater and Environmental
Improvements
Program Area: Storm Water NPDES
Status: Active
Total Est. Cost: $14,000,000
5-Year Funding $16,759,534
5-Year Expense $16,759,534
Project Description
This project is a vital community and environmental improvement project for the Tahoe Valley area. Phase 1 includes stormwater and water quality improvement work within the Bonanza neighborhood and downstream of James Avenue at 3rd Street to Tahoe Keys Blvd. Phase 2 consists of improvements in the Central Greenbelt Area (behind the Crossings) spanning between Emerald Bay Road at B Street down to Highway 50 at 4th Street. Phase 2 includes drainage and water quality improvements as well as improved path connectivity for bicyclists and pedestrians, public gathering space, and community park improvements.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $10,804,534 $5,720,000 $235,000 $0 $0 $0
Total Expense $1,787,474 2,745,810 $8,391,029 $3,835,221 $0 $0 1125
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 68 Capital Improvement Program FY 2024 through 2028
Drainage Improvements - Micro Areas - City Wide
Number: 30140040
Functional Area: SW - Stormwater and Environmental
Improvements
Program Area: Storm Water NPDES
Status: Active
Total Est. Cost:
5-Year Funding $1,095,961
5-Year Expense $1,095,961
Project Description
This project funds the installation, replacement, modification, and alteration of various inadequate micro drainage and/or small flood zone areas within the City limits.
This project is intended to be multi-year in duration with future fund requests and appropriations.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $845,961 $0 $50,000 $50,000 $50,000 $50,000
Total Expense $808,811 37,150 $50,000 $50,000 $50,000 $50,000 1126
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 69 Capital Improvement Program FY 2024 through 2028
Drainage Pipe Replacement
Number: 30140049
Functional Area: SW - Stormwater and Environmental
Improvements
Program Area: Storm Water NPDES
Status: Active
Total Est. Cost: $27,000,000
5-Year Funding $4,660,250
5-Year Expense $4,660,250
Project Description
This project funds the replacement of failing storm water culverts and existing drainage facilities identified each year from condition assessments and/or citizen complaints. Several minor projects across several areas of the City may occur each year determined by priority. This work is intended to be an on-going annual funded program to replace aging storm water infrastructure and will be tied to a long term SW infrastructure replacement program.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $1,060,250 $0 $0 $900,000 $900,000 $900,000
Total Expense $434,921 615,775 $9,554 $900,000 $900,000 $900,000 1127
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 70 Capital Improvement Program FY 2024 through 2028
Bijou Park Creek -Upper Watershed
Number: 30140051
Functional Area: SW - Stormwater and Environmental
Improvements
Program Area: Storm Water NPDES
Status: Active
Total Est. Cost: $7,000,000
5-Year Funding $6,675,427
5-Year Expense $6,675,427
Project Description
This project includes various improvements within the existing Bijou Park Creek watershed to improve drainage and restore disturbed Stream Environment Zones.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $2,798,636 $577,998 $400,000 $1,104,089 $1,794,704 $0
Total Expense $1,173,089 254,052 $2,349,493 $1,104,089 $1,794,704 $0 1128
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 71 Capital Improvement Program FY 2024 through 2028
Ruby Way Erosion Control Project
Number: 30140052
Functional Area: SW - Stormwater and Environmental
Improvements
Program Area: Storm Water NPDES
Status: Active
Total Est. Cost: $2,500,000
5-Year Funding $2,712,870
5-Year Expense $2,712,870
Project Description
This project proposes to design and install storm water drainage improvements in the Ruby Way/Overlook Court Area. Water quality and erosion control improvements will address surface runoff and improve the undersized storm drain collection and conveyance system that is overwhelmed during high intensity storms. Project work will include drain inlets, subsurface storm drain pipes and a series of linear storm drain detention basins to allow infiltration of storm water.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $212,870 $0 $0 $2,500,000 $0 $0
Total Expense $191,278 0 $0 $2,521,592 $0 $0
1129
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 72 Capital Improvement Program FY 2024 through 2028
James & Eloise Drainage Pipe Replacement
Number: 30140053
Functional Area: SW - Stormwater and Environmental
Improvements
Program Area: Storm Water NPDES
Status: Active
Total Est. Cost: $300,000
5-Year Funding $500,000
5-Year Expense $500,000
Project Description
This project proposes to replace a failing storm water main line that crosses under private parcels. The project consists of replacing the main line in its existing location.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $450,000 $50,000 $0 $0 $0 $0
Total Expense $0 500,000 $0 $0 $0 $0
1130
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 73 Capital Improvement Program FY 2024 through 2028
Drainage Master Plan Update
Number: 30140036
Functional Area: SW - Stormwater and Environmental
Improvements
Program Area: Storm Water NPDES
Status: Active
Total Est. Cost: $300,000
5-Year Funding $597,339
5-Year Expense $597,339
Project Description
This project proposes to amend and add to the previously completed Kennedy Jenks Drainage Report (2007/08) by beginning to prioritize infrastructure replacement through condition assessment investigation.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $297,339 $0 $0 $300,000 $150,000 $0
Total Expense $262,470 34,506 $0 $150,363 $150,000 $0
1131
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 74 Capital Improvement Program FY 2024 through 2028
Public Works and Snow Equipment Vehicles Replacement
Number: 210-XXXX-1
Functional Area: VE - Vehicles & Equipment
Program Area: Operations
Status: Active
Total Est. Cost: $2,189,000
5-Year Funding $8,189,000
5-Year Expense $8,189,000
Project Description
The 2024/2025 high priority vehicle needs are as follows:
1) Two (2) Graders for Snow Operations at $582,000 each (two graders are out of operations) 2) Two (2) Street Sweepers at $406,000 each (existing sweepers are at the end of life) 3) One (1) Boom Truck (existing equipment is non-functional) ($180,000) 4) One (1) Brine Tank ($33,000)
These purchases will be funded with the General Funds ($180,000), Measure S ($1,570,000) and TRPA O&M Mitigation Funds ($406,000). 50% of the cost of snow removal equipment is reimbursable from State (10 years).
Future year funds represent forecasted annual replacement of general vehicles based on assumed budget appropriation. Public Safety Vehicles and Parks Vehicles are not included in this account.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $2,189,000 $0 $2,000,000 $2,000,000 $2,000,000
Total Expense $0 2,189,000 $0 $2,000,000 $2,000,000 $2,000,000 1132
City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 75 Capital Improvement Program FY 2024 through 2028
Parks Equipment
Number: 210-XXXX-3
Functional Area: VE - Vehicles & Equipment
Program Area: Operations
Status: Active
Total Est. Cost: $193,302
5-Year Funding $593,302
5-Year Expense $593,302
Project Description
Purchase the following equipment including attachments to improve park maintenance performance and efficiency. -Smithco Sweep Star 60 ($64,665.12)
-Bobcat E26 Compact Excavator w/bucket & grader attachments ($42,411.24) -Bobcat Toolcat ($68,791.20)
- Toolcat Angle broom attachment ($6,767.04)
-Toolcat Heavy duty bucket attachment ($1,301.12)
-Toolcat Grapple bucket attachment ($3,720.96)
-Toolcat Blower attachment ($5,644.52)
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $193,302 $0 $200,000 $0 $200,000
Total Expense $0 193,302 $0 $200,000 $0 $200,000
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City of South Lake Tahoe
Capital Improvement Program FY 2024 through 2028 Page 76 Capital Improvement Program FY 2024 through 2028
Fuel Pump Replacement
Number: 301-XXX-3
Functional Area: VE - Vehicles & Equipment
Program Area: Asset Maintenance and Replacement
Status: Active
Total Est. Cost: $50,000
5-Year Funding $50,000
5-Year Expense $50,000
Project Description
The project will replace non-working or outdated fuel pumps.
Pertinent Issue(s):
Description Roll Forward 23/24 24/25 25/26 26/27 27/28
Total Funding $0 $50,000 $0 $0 $0 $0
Total Expense $0 50,000 $0 $0 $0 $0
1134
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:26
Agenda Item: Mid-Town Area Plan: Priority Topics and Stakeholder Engagement Update Executive Summary: Before beginning widespread community engagement, staff is requesting City Council's input on topics that should be prioritized in development of the Mid-Town Area Plan. Staff will be presenting recommendations that have been identified through recent City efforts such as amendments to the Tourist Core Area Plan and Tahoe Valley Area Plan; development of the 56-Acres Master Plan; development of the ADA Transition Plan; and community forums on housing.
Requested Action / Suggested Motions: Pass a Motion confirming priority topics to be addressed in the Mid-Town Area Plan as: (1) implementation of redevelopment strategies and incentives; (2) creation of arts district; (3) transportation improvements; (4) encouraging housing development; (5) concentration of City services and civic amenities; and (6) enhancement of recreation assets.
Responsible Staff Member: Anna Kashuba, Senior Planner
Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Joe Irvin, City Manager Attachments:
01-Staff Report - Mid-Town Area Plan Stakeholder Engagement.docx 02-Mid-Town Area Plan Boundary.pdf
1135
City Council Agenda Report August 13, 2024 Page 1 of 6
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Mid-Town Area Plan: Initial Council Priorities Discussion and Stakeholder Engagement Update
Location: Mid-Town (see attachment 02, Mid-Town Area Plan Boundary) Responsible Staff Member: Anna Kashuba, Senior Planner
Background: The City Council's Strategic Plan Priority 1, Built Environment, Action Item 1.2 is to revitalize the Mid-Town area. The city is initiating development of the Mid-Town Area Plan to guide future land uses and development to meet the needs of residents, businesses, visitors, and the environment. The Mid-Town Area Plan (Area Plan) will leverage the adopted 56-acre master plan and existing infrastructure at Lakeview Commons and Harrison Avenue to further transform midtown into a recreation, arts, and community hub.
Development of the Area Plan kicked off at the May 7, 2024, City Council Meeting and a professional services agreement was entered on June 4, 2024, for consultant assistance.
Issue and Discussion: Before beginning widespread community engagement, staff is requesting City Council’s input on topics that should be prioritized in plan development. Staff has prepared the recommended items below, in no specific order, based on feedback received on other recent projects, including but not limited to, amendments to the Tourist Core Area Plan and Tahoe Valley Area Plan; development of the 56-Acres Master Plan; development of the ADA Transition Plan; community forums on housing; and other City efforts.
Potential Policy Priority Topics
Implementation of Redevelopment Strategies and Incentives One identified priority for the Mid-Town area, highlighted by the Vacant and Underused Sites Inventory, is economic activity and redevelopment. Seventeen (17) of the 40 sites identified in the report are located within the Mid-Town Area Plan’s proposed boundary. To address these sites and prevent further instances of abandon, a concerted effort will be made to incorporate implementation strategies to achieve the plan’s goals in a timely manner. Specific focus areas may include the Tahoe Center shopping complex, containing the former Denny’s and Rite Aid sites, or area between Fremont Avenue and Takela Drive.
Arts District
In 2022 the City adopted a resolution approving policy for publicly visible art on private property. This has opened a new pathway for artists to display their work and has increased visual interest of the built environment. An arts district would build on the interest of publicly visible art to create a concentrated area that provides an interactive, cohesive, cultural, and educational experience.
1136
City Council Agenda Report August 13, 2024 Page 2 of 6
Transportation
Creating a safe and interconnected active transportation network is a Citywide priority. Within the Mid-Town Area Plan a specific effort will be made to increase safety for students and youth traveling between South Tahoe Middle School, Boys and Girls Club, playing fields, Bijou Park, and residences. The plan will identify proposed and ongoing transportation improvements.
Housing
Staff anticipates that many of the housing topics that were discussed with the Tourist Core Area Plan and Tahoe Valley Area Plan amendments will also be applicable to the Mid-Town Area Plan, such as increases in density, modifications to existing parking standards, and expansion of housing as a permissible use. This includes expanding the Town Center designation so that more parcels can take advantage of additional coverage and higher residential densities as allowed by TRPA Code. Much of this area is already developed with commercial uses, making mixed use developments an attractive and likely path forward to increase residential uses.
Concentration of City Services and Civic Amenities
The preferred design concept of the 56-Acres Master Plan identifies City facilities, a civic center/city hall, and civic amenities (recreation center, library, open space, etc.) within the site. Concentrating services has the potential to increase efficiency of City operations; better facilitate public participation at City Council and commission meetings; and create vibrant community gathering spaces.
Enhancements of Recreation Assets
While the recreation assets within the plan area are some of the City’s finest, there is always room for improvement. Staff will meet with community groups to identify shortfalls of parks, beaches, and facilities, and receive feedback on where improvements can be made. These will consider recommendations made by the ADA Self-Evaluation and Transition Plan, which places the ice arena, Lakeview Commons, and senior center as top priorities, followed by Bijou Park and Campground by the Lake.
Confirmation from City Council regarding priorities will inform staff and consultants in leading outreach efforts, as detailed below.
Stakeholder Engagement Process
A technical advisory group has been formed to guide the project progress and provide key input.
Four (4) meetings will be held: 1) project kick off, 2) existing conditions summary and feedback, 3) recommendations summary and feedback, and 4) draft document review and comments.
Participants will include:
City staff
o Development Services
o Parks and Recreation
o Public Works
Tahoe Regional Planning Agency staff
El Dorado County staff
1137
City Council Agenda Report August 13, 2024 Page 3 of 6
South Tahoe Unified School District representative
South Tahoe Public Utility District representative
Three (3) meetings will be held with the Bijou Park Community Advisory Group to explore Bijou Park, the golf course, and LTCC to address events, parking and best uses in balance with open space and natural stream environment zones. Participants include:
City Parks and Recreation Staff
City Parks and Recreation Commission, Mid-Town Subcommittee South Tahoe Parks Foundation
Lake Tahoe Community College and field user groups
o South Tahoe Futbol Club
Boys and Girls Club
El Dorado Parks and Recreation Commission
Bijou Park User Groups
o South Tahoe Disc Golf Association
o South Tahoe Parks Foundation
o Skate Park
o Dog Park Users
o Tahoe Area Mountain Biking Association
o Local Golfers
At least one listening session on each of the topics below will be held to hear struggles, concerns, priorities, and opportunities. Follow up stakeholder meetings will be held as deemed necessary.
Below are the discussion topics, followed by anticipated participants.
Priority Pedestrian and Bike Routes
Lake Tahoe Bike Coalition
Bicycle Advisory Committee
South Lake Tahoe Public Works Department
Tahoe Area Mountain Biking Association
Tahoe Regional Planning Agency recreation/transportation staff California Tahoe Conservancy
Tahoe Transportation District
South Shore Transportation Management Association
General Development, Commercial Focus
Harrison Avenue Business District
Fremont Avenue Business Owners
Sierra Tract Commercial businesses
Property owners and owners’ representatives
Lake Tahoe Visitors Authority
South Tahoe Association of Realtors
South Lake Tahoe Lodging Association
South Tahoe Chamber of Commerce
Tahoe Chamber
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City Council Agenda Report August 13, 2024 Page 4 of 6
General Development, Housing Focus
Tahoe Prosperity Center
St. Joseph Community Land Trust
South Tahoe Association of Realtors
Tahoe/Truckee Contractors Association
Tahoe Coalition for the Homeless
Residential developers
Arts District
Tahoe Art League
Lake Tahoe Historical Society
Washoe Tribe
South Tahoe High School
Lake Tahoe Community College
Community Wellness and Resources
El Dorado County Behavioral Health
El Dorado County Library, South Lake Tahoe Branch
El Dorado County Health and Human Services
St. Joseph Community Land Trust
Tahoe Coalition for the Homeless
Boys’ and Girls’ Club
Advance
Barton Hospital
Live Violence Free
Marcella Foundation
Lake Tahoe Unified School District
South Lake Tahoe Police Department
In addition to the meetings outlined above, three (3) community workshops will be held that are open to the public, followed by a two-day open house to show and discuss drafted recommendations. One workshop is planned to be held at the Family Resource Center where materials and presentations will be available in Spanish. Additional meetings are anticipated with specific stakeholders such as El Dorado County, STPUD, LTCC, LTUSD, and the Al Tahoe Post Office so that staff can anticipate unique circumstances the plan may need to consider. City staff will also be available to discuss the plan at community events such as farmers markets and the Multicultural Celebration.
Communication methods used thus far include posts to the City’s social media accounts; publication of a dedicated webpage that will be updated with times, dates, and locations of public meetings; and the option to sign up for notifications when new meeting dates are posted.
Financial Implications: Beyond staff time, there are no financial implications associated with receiving this report. Any Professional Services Agreements (PSA) for consulting services will be brought to City Council for consideration at a future date. 1139
City Council Agenda Report August 13, 2024 Page 5 of 6
Environmental Considerations: Reporting the status of a planning process has no possibility of causing a direct physical change or a reasonably foreseeable indirect physical change to the environment. This activity is not a project as defined in CEQA Guidelines Section 15778 and is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).
Possible environmental impacts will be considered as goals, policies, and standards are developed to create a self-mitigating plan to the extent feasible. A programmatic Initial Study and Initial Environmental Checklist (IS/IEC) is envisioned to be the appropriate environmental document for evaluation of the Area Plan pursuant to CEQA and TRPA Code of Ordinances and Rules of Procedures.
Policy Implications: Preparing an Area Plan for the Mid-Town is consistent with the following General Plan policies:
Policy LU-1.2 Smart Growth: The City shall implement Smart Growth principles to create walkable, mixed-use centers, compact and complete neighborhoods, and enhanced gateways and places.
Smart Growth Principles include:
- Creating a range of housing opportunities and choices - Creating walkable neighborhoods
- Encouraging community and stakeholder collaboration
- Fostering distinctive, attractive communities with a strong sense of place - Making development decisions predictable, fair, and cost-effective - Providing a mix of land uses
- Preserving open space, natural beauty, and critical environmental areas - Providing a variety of transportation choices
- Strengthening and directing development to existing communities - Taking advantage of compact building design
Policy LU-2.2 Community Plan Preparation, Adoption, and Implementation: The City shall periodically update and implement the four Community Plans as a way to focus development commodities and revitalization efforts.
Policy LU-2.5 Bijou/Al Tahoe Community Plan Area: The City shall encourage the creation of a viable residential neighborhood with appropriate neighborhood amenities and compatible highquality family-oriented recreation and public facilities, including government offices.
Policy LU-2.8 Community Plan Incentives: The City shall provide permit streamlining, commodity increases, coverage increases, and other similar incentives to encourage the implementation of General Plan goals and policies.
Policy LU-5.3 Commercial Center Enhancement: The City shall encourage the upgrade and/or expansion of existing commercial centers, including improvements to parking and landscaping areas; redesigns to accommodate bicycle, pedestrians, and transit facilities; and remodeling to include "green" technology and improve energy efficiency.
Policy LU-8.14 Art in Public Places: The City shall promote art in public places such as pedestrian areas, tourist accommodation areas, social gathering places, and commercial shopping centers in conformance with a Cultural Arts Master Plan.
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City Council Agenda Report August 13, 2024 Page 6 of 6
Policy LU-11.2 Equal Public Participation: The City shall ensure that all community residents have meaningful opportunities to participate in the decision-making process. 1141
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
MID-TOWN AREA PLAN BOUNDARY
Sierra Tahoe
Commercial
Bijou/Al Tahoe
Community Plan
Bijou
Community
Park
Bijou
Golf Course
& Meadow
Bijou/Al Tahoe
Community Plan
Bijou/Al Tahoe
Community Plan
1142
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:27
Agenda Item: Agenda Planning Calendar
Executive Summary: The attached Agenda Planning Calendar outlines a preliminary schedule for future City Council meeting agenda items.
Requested Action / Suggested Motions: Identify, with consent of at least two Council members, any desired future agenda items, and/or modify the Agenda Planning Calendar as desired.
Responsible Staff Member: Joe Irvin, City Manager and Susan Blankenship, City Clerk Attachments:
APC - 08 11 2024.pdf
1143
2024 Agenda Planning Calendar (Updated 08 11 2024)
Agenda Item Agenda Section
City Council,STJPPFA
Aug 27, 9 a.m. *Budget Workshop City Council
Fire Light Duty Vehicle Purchase Consent
Parks & Rec Award of Skate Park Renovation Contract Consent CTC Grant Application for Regan Beach Improvements Consent Public Works STPUD Reimbursement Agreement For Road Rehab Consent Sept. 10, 9 a.m. City Manager Barton Community Health Needs and Harm Reduction Update Presentation Website Redesign Update NB
SSTMA Agreement for Microtransit UB
Dev Services Review of Employee Housing Public and Business Outreach Campaign UB Benefits Policy and Amendment to Subrecipient Agreement to TCH Consent CDBG Program Coronavirus Response Allocation Bears Den Inn Rehab Consent Pre-Approved ADU Design Professional Services Agreement Consent City/CTC land exchange agreement Consent
TAU Discussion NB
Annual Homelessness Report NB
Department
1144
2024 Agenda Planning Calendar (Updated 08 11 2024)
Employee Housing Signage Ordinance for Hotels PH
Police 2024 Update to Parking Fees in the Bellamy Parking Garage Consent Finance Investment Policy update Consent
HR POA Sick-Leave Conversion Consent
Public Works Airport Pavement Rehab Award Consent
Award Custodial Services Agreement to Sunwest Consent
Contract Amendment for Stantec for TVGB Project Consent Award Aiport Restaurant Agreement to Tom McMuarray NB
Award Snow OpsContract to Trella Tahoe Consent
Upper Bijou Creek TRPA Funding Acceptance Consent
Tahoe Valley Greenbelt, TRPA, Lahontan SEP Funding Consent Caltrans US 50 Grant Acceptance Consent
Amendment to CDM Smith Agreement for Pioneer Trail Phase II Consent Hwy 50/89 Concrete/Pavement Option NB (first item)
Sept. 24, 5:30 p.m. City Attny Award Third Party Administrator Contract for Workers Comp Consent City Clerk City Council Compensation Ordinance (First Reading) NB 1145
2024 Agenda Planning Calendar (Updated 08 11 2024)
Conflict of Interest Code Update Consent
City Manager Comprehensive Energy Services Contract NB
Dev Services Disparate Impact Analysis Findings about Local Preference Ordinance UB Finance Quarterly Budget and Financial Status Report as of June 2024 Consent Investment Portfolio Report as of June 2024 Consent
Public Works Johnson Blvd. Complete Street Planning Grant Application Consent TRPA and Rec Facilities JPA Funding for the Bijou Park Connector Consent Award of Bellamy Parking Garage Phase 2 Consent
Award of PSA for Dennis Machida Greenway Consent
Vision Zero Resolution Consent
Oct. 15, tbd
Oct. 22, 5:30 p.m. City Clerk City Council Compensation Ordinance (Second Reading) Consent Finance GAAN Limit Consent
Fiscal Year 2023-2024 Budgeted Funds Re-appropriation Consent Nov. 5, 9 a.m. Dev. Services Radon - Jeff Minor Presentation One-Year Results of Inclusionary Housing Ordinance NB
BOS/City Council Special Joint Meeting
1146
2024 Agenda Planning Calendar (Updated 08 11 2024)
Finance TID Annual Report NB
Public Works Award of Tahoe Valley Greenbelt Phase II Consent Award Upper Bijou Park Creek Contract Consent
Speed Limit Adoption for Local Roads and Designation of Safety Corridors NB Residential Parking Permit for Lakeside Park Assoc. NB
Nov. 19, 5:30 p.m. Finance Annual ROPS approval STRSA Consent STRSA
Pub Works STR Rate Adjustment PH
Dec. 10, 5:30 p.m. City Clerk Certification of Election NB Oaths of Office Oath
City Council Re-Organization NB
Finance Quarterly Budget and Financial Status Report as of September 2024 Consent Investment Portfolio Report as of September 2024 Consent City Clerk Records Management Policy (Updated) 1/2025
City Manager Organics Diversion Program
Unscheduled/Pending
1147
2024 Agenda Planning Calendar (Updated 08 11 2024)
Tax Sharing Resolution (AB 8) Clean-Up Annexation
EV Charging Parking Ordinance
Establishing an EV Charging Rate for the City's Public EV Chargers Municipalization of Electric Utility - Feasability Analysis Dev Services Res. Area Plan to Accommodate SB9 and Remove Tourist Accomodation Discussion: Second Home Cap/Permit Options
Building Code Appendix AW adoption-3D printed structures Finance Disolution STJPPFA
Public Works Award High Priority Pipe Replacement Project Award James-Eloise Drainage Upgrade
Award of Pioneer Safety HSIP Project
Award of PD Roof Replacement
TTD US 50 Plans Presentation
Award Pioneer Trail Phase II Project
Award Lakeview and Ski Run Electrical Upgrades
Harrison Ave/Stateline Transit Station Parking Enforcement 1148
New National Opioids Settlement: Kroger
Opioids Implementation Administrator
[email protected]
South Lake Tahoe city, CA
Reference Number: CL-789485
TO LOCAL POLITICAL SUBDIVISIONS:
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW NATIONAL OPIOIDS SETTLEMENT. YOU MUST TAKE ACTION IN ORDER TO PARTICIPATE.
Deadline: August 12, 2024
A new proposed national opioids settlement (“New National Opioids Settlement”) has been reached with Kroger (“Settling Defendant”). This Participation Package is a follow-up communication to the Notice of National Opioids Settlement recently received electronically by your subdivision.
You are receiving this Participation Package because California is participating in the Kroger settlement.
This electronic envelope contains three attachments:
The Participation Form for the Kroger settlement, including a release of any claims;
California State Subdivision Agreement for Kroger; and Side-letter agreement between California and Kroger
The Participation Form and California State-Subdivision Agreement must be executed, without alteration, and submitted on or before August 12, 2024, in order for your subdivision to be considered for initial participation calculations and payment eligibility.
The side-letter agreement between California and Kroger modifies, as it applies to California, one injunctive relief term contained in Exhibit P, Section IX(5)(1) of the Kroger National Settlement Agreement.
Based upon subdivision participation forms received on or before August 12, 2024, the subdivision participation rate will be used to determine whether participation is sufficient for the settlement to move forward and whether a state earns its maximum potential payment under the settlement. If the settlement moves forward, your release will become effective. If a settlement does not move forward, that release will not become effective.
Any subdivision that does not participate cannot directly share in the settlement funds, even if the subdivision’s state is settling and other participating subdivisions are sharing in settlement funds. Any subdivision that does not participate may also reduce the amount of money for programs to remediate the opioid crisis in its state.
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1149 44
Please note, a subdivision will not necessarily directly receive settlement funds by participating; decisions on how settlement funds will be allocated within a state are subject to intrastate agreements or state statutes.
You are encouraged to discuss the terms and benefits of the New National Opioids Settlement with your city attorney/county counsel, outside counsel representing your city/county on opioid matters, the Attorney General’s Office, and other contacts within your state. Many states are implementing and allocating funds for this new settlement the same as they did for the prior opioids settlements with McKesson, Cardinal, Cencora (formerly AmerisourceBergen), J&J/Janssen, Teva, Allergan, CVS, Walgreens, and Walmart but states may choose to treat this settlement differently.
Information and documents regarding the New National Opioids Settlement and how it is being implemented in your state and how funds will be allocated within your state can be found on the national settlement website at https://nationalopioidsettlement.com/ and the California Attorney General’s website at https://oag.ca.gov/opioids. This website will be supplemented as additional documents are created. Please also refer to the Side-Letter Agreement with Kroger, which modifies the Kroger National Opioid Settlement’s injunctive relief within the State of California.
How to return signed forms:
There are three methods for returning the executed Participation Form, the California-State Subdivision Agreement (“Subdivision Agreement”), and any supporting documentation to the Implementation Administrator:
(1) Electronic Signature via DocuSign: Executing the Participation Form and the Subdivision Agreement electronically through DocuSign will return the signed form to the Implementation Administrator and associate your form with your subdivision’s records. Electronic signature is the most efficient method for returning the Participation Form and the Subdivision Agreement, allowing for more timely participation and the potential to meet higher settlement payment thresholds, and is therefore strongly encouraged. (2) Manual Signature returned via DocuSign: DocuSign allows forms to be downloaded, signed manually, then uploaded to DocuSign and returned automatically to the Implementation Administrator. Please be sure to complete all fields and note that execution and return of both the Subdivision Agreement and the Participation Form are required for participation in the corresponding settlement. As with electronic signature, returning a manually signed Participation Form and Subdivision Agreement via DocuSign will associate your signed forms with your subdivision’s records. (3) Manual Signature returned via electronic mail: If your subdivision is unable to return an executed Participation Form and Subdivision Agreement using DocuSign, the signed Participation Form and Subdivision Agreement may be returned via electronic mail to [email protected]. Please include the name, state, and reference ID of your subdivision in the body of DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1150 445
the email and use the subject line Settlement Participation Form – [Subdivision Name, Subdivision State] – [Reference ID]. Note that execution and return of both the Subdivision Agreement and the Participation Form are required for participation in the corresponding settlement.
Detailed instructions on how to sign and return the Participation Form and Subdivision Agreement, including changing the authorized signer, can be found at https://nationalopioidsettlement.com/. You may also contact [email protected].
The sign-on period for subdivisions ends on August 12, 2024.
If you have any questions about executing the Participation Form, please contact your city attorney/county counsel, outside counsel representing your city/county on opioids matters, the Implementation Administrator at
[email protected], or the California Attorney General’s Office at [email protected].
Thank you,
New National Opioids Settlement Implementation Administrator The Implementation Administrator is retained to provide the settlement notice required by the New National Opioids Settlement and to manage the collection of the Participation Form.
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1151 446
Subdivision Participation and Release Form
Governmental Entity: South Lake Tahoe city State: CA
Authorized Signatory: /officialname_kroger/
Address 1: /address1_kroger/
Address 2: /address2_kroger/
City, State, Zip: /cit_kr/ /state_kr/ /zi_kr/
Phone: /phone_kroger/
Email: /email_kroger/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated March 22, 2024 (“Kroger Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Kroger Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/.
3. The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Kroger Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Kroger Settlement. The Governmental Entity likewise agrees to arbitrate before the National 1 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 California 96150
1901 Lisa Maloff Way
530-542-6046
Suite 300
South Lake Tahoe
[email protected]
Heather Stroud, City Attorney
1152 447
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger Settlement.
7. The Governmental Entity has the right to enforce the Kroger Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Kroger Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Kroger Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Kroger Settlement.
10. In connection with the releases provided for in the Kroger Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Kroger Settlement.
2 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1153 448
11. Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.
Signature: /signer_1_kroger/
Name: /name_1_kroger/
Title: /title_1_kroger/
Date: /date_1_kroger/
3 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 6/24/2024
Heather Stroud
City Attorney
1154 449
Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Kroger Settlement
1. Introduction
Pursuant to the Kroger Settlement Agreement, dated as of March 22, 2024, and any revision thereto as well as any modification thereto entered into by the State of California and Kroger (the “Kroger Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA Kroger Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Kroger Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Section IX of the Kroger Settlement Agreement.
Pursuant to Exhibit O, Paragraph 4, of the Kroger Settlement Agreement, acceptance of this CA Kroger Allocation Agreement is a requirement to be an Initial Participating Subdivision.
2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Kroger Settlement Agreement. b) Allergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto.
c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS.
d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
f) Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto.
g) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated December 9, 2022, and any revision thereto.
h) Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto.
i) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, 1 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1155 40
Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, Pleasant Valley School District Board, and LA Care Health Plan.
j) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. k) Opioid Defendant means any defendant (including but not limited to Kroger Co., Walgreen Co., Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.
3. General Terms
This agreement is subject to the requirements of the Kroger Settlement Agreement, as well as applicable law, and the Kroger Settlement Agreement governs over any inconsistent provision of this CA Kroger Allocation Agreement. Terms used in this CA Kroger Allocation Agreement have the same meaning as in the Kroger Settlement Agreement unless otherwise defined herein.
Pursuant to Section V(D)(1) of the Kroger Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the Kroger Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.
4. State Allocation
The Settlement Fund payments to California,1 pursuant to the Kroger Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Kroger Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). 1 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit. 2 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1156 41
A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.
B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Kroger Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city did not elect to receive its share of funds in the National Opioids Settlement with Distributors AmerisourceBergenCorporation, Cardinal Health, Inc., and McKesson Corporation (the “Distributors Settlement”). If a city later changes or has already changed its distribution election in the Distributors Settlement, that change in election will apply here, provided that the change in election is received by the settlement administrator at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Kroger Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and 3 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1157 42
Eureka will be deemed to have elected direct payment if they become Participating Subdivisions.
e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Kroger Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; (5) interventions to prevent drug addiction in vulnerable youth, including but not limited to, youth in foster care, juvenile justice-impacted youth, youth experiencing adversities related to socioeconomic status, and unhoused youth; and/or (6) the purchase of naloxone for distribution and efforts to expand access to naloxone for opioid overdose reversals.
4 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1158 43
c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list. d) For the avoidance of doubt, and subject to the requirements of the Kroger Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Kroger Settlement Agreement or this CA Kroger Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern. c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Kroger Settlement Agreement or this CA Kroger Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement.
5 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1159 44
e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.
C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, to fund future Opioid Remediation and reimburse past opioidrelated expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.
The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant.
D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Kroger Settlement Agreement, and, if applicable, the Teva Settlement Agreement, Allergan Settlement Agreement, CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, and Walmart Settlement Agreement.
A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), 6 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1160 455
pursuant to Exhibit R, section I(CC), of the Kroger Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Kroger Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement.
Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Kroger Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.
To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms.
For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General.
5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. 7 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1161 456
d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Kroger Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Kroger. e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.
6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Kroger Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Kroger Settlement Agreement, this CA Kroger Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Kroger Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Kroger Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California. 8 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1162 457
The undersigned, South Lake Tahoe city, ACKNOWLEDGES acceptance of this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement is a requirement to be an Initial Participating Subdivision in the Kroger Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement. EXECUTED on /date_1_kroger/.
Signature: /signer_1_kroger/
Name: /name_1_kroger/
Title: /title_1_kroger/
Date: /date_1_kroger/
9 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 City Attorney
6/24/2024
6/24/2024
Heather Stroud
1163 458
APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Kroger Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change.
Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions.
Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C. Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to onehundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage.
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1164 459
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100.000% 100.000% 100.000%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
County Alameda County Alameda 2.332% 2.853% 2.4237952%
City Alameda Alameda 0.069% 0.0570162%
City Albany Alameda 0.013% 0.0107768%
City Berkeley Alameda 0.152% 0.1249656%
City Dublin Alameda 0.033% 0.040% 0.0338810%
City Emeryville Alameda 0.023% 0.0185765%
City Fremont Alameda 0.108% 0.0888576%
City Hayward Alameda 0.117% 0.0966218%
City Livermore Alameda 0.054% 0.0446740%
City Newark Alameda 0.026% 0.0217626%
City Oakland Alameda 0.486% 0.595% 0.5055601%
City Piedmont Alameda 0.014% 0.0114064%
City Pleasanton Alameda 0.067% 0.0554547%
City San Leandro Alameda 0.039% 0.0321267%
City Union City Alameda 0.043% 0.0352484%
County Amador County Amador 0.226% 0.277% 0.2349885%
County Butte County Butte 1.615% 1.975% 1.6783178%
City Chico Butte 0.216% 0.264% 0.2246499%
City Oroville Butte 0.079% 0.0646595%
County Calaveras County Calaveras 0.226% 0.277% 0.2351644% County Colusa County Colusa 0.059% 0.0489221%
County Contra Costa County Contra Costa 2.102% 2.571% 2.1844585% City Antioch Contra Costa 0.037% 0.0301879%
City Brentwood Contra Costa 0.026% 0.0215339%
City Clayton Contra Costa 0.002% 0.0018060%
City Concord Contra Costa 0.055% 0.0456676%
City Danville Contra Costa 0.010% 0.0082255%
City El Cerrito Contra Costa 0.023% 0.0189024%
City Hercules Contra Costa 0.010% 0.0078273%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Lafayette Contra Costa 0.006% 0.0046030%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1165 40
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City Martinez Contra Costa 0.012% 0.0098593%
City Moraga Contra Costa 0.004% 0.0031007%
City Oakley Contra Costa 0.010% 0.0079416%
City Orinda Contra Costa 0.005% 0.0038157%
City Pinole Contra Costa 0.013% 0.0110909%
City Pittsburg Contra Costa 0.053% 0.0436369%
City Pleasant Hill Contra Costa 0.013% 0.0106309%
City Richmond Contra Costa 0.146% 0.1201444%
City San Pablo Contra Costa 0.018% 0.0148843%
City San Ramon Contra Costa 0.021% 0.0176459%
City Walnut Creek Contra Costa 0.026% 0.0212132%
County Del Norte County Del Norte 0.114% 0.140% 0.1189608% County El Dorado County El Dorado 0.768% 0.939% 0.7980034% City Placerville El Dorado 0.015% 0.0127642%
City South Lake Tahoe El Dorado 0.081% 0.0665456%
County Fresno County Fresno 1.895% 2.318% 1.9693410%
City Clovis Fresno 0.065% 0.0536211%
City Coalinga Fresno 0.012% 0.0098554%
City Fresno Fresno 0.397% 0.3270605%
City Kerman Fresno 0.005% 0.0042534%
City Kingsburg Fresno 0.008% 0.0066167%
City Mendota Fresno 0.002% 0.0019387%
City Orange Cove Fresno 0.004% 0.0035607%
City Parlier Fresno 0.008% 0.0069755%
City Reedley Fresno 0.012% 0.0098804%
City Sanger Fresno 0.018% 0.0146135%
City Selma Fresno 0.015% 0.0127537%
County Glenn County Glenn 0.107% 0.131% 0.1116978%
County Humboldt County Humboldt 1.030% 1.260% 1.0703185% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Arcata Humboldt 0.054% 0.0447660%
City Eureka Humboldt 0.117% 0.143% 0.1216284%
City Fortuna Humboldt 0.032% 0.0266837%
County Imperial County Imperial 0.258% 0.315% 0.2679006% DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1166 41
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1 3 of 15
City Brawley Imperial 0.011% 0.0087986%
City Calexico Imperial 0.019% 0.0152799%
City El Centro Imperial 0.158% 0.1302522%
City Imperial Imperial 0.006% 0.0048791%
County Inyo County Inyo 0.073% 0.089% 0.0754413%
County Kern County Kern 2.517% 3.079% 2.6159145%
City Arvin Kern 0.006% 0.0046425%
City Bakersfield Kern 0.212% 0.1747198%
City California City Kern 0.009% 0.0070820%
City Delano Kern 0.030% 0.0249316%
City McFarland Kern 0.003% 0.0025644%
City Ridgecrest Kern 0.015% 0.0120938%
City Shafter Kern 0.013% 0.0103417%
City Tehachapi Kern 0.009% 0.0073580%
City Wasco Kern 0.008% 0.0069861%
County Kings County Kings 0.293% 0.2413469%
City Avenal Kings 0.007% 0.0056335%
City Corcoran Kings 0.013% 0.0107032%
City Hanford Kings 0.027% 0.0226038%
City Lemoore Kings 0.016% 0.0131900%
County Lake County Lake 0.795% 0.6545389%
City Clearlake Lake 0.041% 0.050% 0.0426253%
City Lakeport Lake 0.021% 0.026% 0.0222964%
County Lassen County Lassen 0.319% 0.391% 0.3320610%
City Susanville Lassen 0.027% 0.0219295%
County Los Angeles County Los Angeles 13.896% 16.999% 14.4437559% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Agoura Hills Los Angeles 0.005% 0.0040024%
City Alhambra Los Angeles 0.042% 0.0343309%
City Arcadia Los Angeles 0.033% 0.0267718%
City Artesia Los Angeles 0.001% 0.0005100%
City Azusa Los Angeles 0.026% 0.0210857%
City Baldwin Park Los Angeles 0.027% 0.0218520%
City Bell Los Angeles 0.008% 0.0068783%
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City Bellflower Los Angeles 0.002% 0.0014485%
City Bell Gardens Los Angeles 0.014% 0.0114301%
City Beverly Hills Los Angeles 0.065% 0.0534897%
City Burbank Los Angeles 0.100% 0.0823132%
City Calabasas Los Angeles 0.006% 0.0048948%
City Carson Los Angeles 0.019% 0.0159805%
City Cerritos Los Angeles 0.005% 0.0039682%
City Claremont Los Angeles 0.010% 0.0082584%
City Commerce Los Angeles 0.000% 0.0002971%
City Compton Los Angeles 0.044% 0.0361882%
City Covina Los Angeles 0.028% 0.0229127%
City Cudahy Los Angeles 0.001% 0.0006020%
City Culver City Los Angeles 0.055% 0.0449894%
City Diamond Bar Los Angeles 0.001% 0.0006993%
City Downey Los Angeles 0.052% 0.0429994%
City Duarte Los Angeles 0.003% 0.0027261%
City El Monte Los Angeles 0.031% 0.038% 0.0318985%
City El Segundo Los Angeles 0.033% 0.0268020%
City Gardena Los Angeles 0.034% 0.0278088%
City Glendale Los Angeles 0.166% 0.1366586%
City Glendora Los Angeles 0.016% 0.0134411%
City Hawaiian Gardens Los Angeles 0.005% 0.0040549%
City Hawthorne Los Angeles 0.050% 0.0407833%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Hermosa Beach Los Angeles 0.018% 0.0145307%
City Huntington Park Los Angeles 0.023% 0.0190667%
City Inglewood Los Angeles 0.059% 0.0489195%
City La Cañada Flintridge Los Angeles 0.003% 0.0025565% City Lakewood Los Angeles 0.005% 0.0039971%
City La Mirada Los Angeles 0.010% 0.0081572%
City Lancaster Los Angeles 0.045% 0.0369689%
City La Puente Los Angeles 0.002% 0.0012999%
City La Verne Los Angeles 0.024% 0.0194190%
City Lawndale Los Angeles 0.002% 0.0017731%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1168 43
APPENDIX
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City Lomita Los Angeles 0.004% 0.0031940%
City Long Beach Los Angeles 0.439% 0.3614151%
City Los Angeles Los Angeles 2.715% 3.321% 2.8218811%
City Lynwood Los Angeles 0.016% 0.0134345%
City Malibu Los Angeles 0.002% 0.0019269%
City Manhattan Beach Los Angeles 0.032% 0.0260686%
City Maywood Los Angeles 0.004% 0.0035528%
City Monrovia Los Angeles 0.031% 0.0254455%
City Montebello Los Angeles 0.030% 0.0250670%
City Monterey Park Los Angeles 0.031% 0.0256677%
City Norwalk Los Angeles 0.031% 0.0258228%
City Palmdale Los Angeles 0.046% 0.0375827%
City Palos Verdes Estates Los Angeles 0.006% 0.0053102% City Paramount Los Angeles 0.011% 0.0091483%
City Pasadena Los Angeles 0.146% 0.1200524%
City Pico Rivera Los Angeles 0.022% 0.0183333%
City Pomona Los Angeles 0.111% 0.0911933%
City Rancho Palos Verdes Los Angeles 0.002% 0.0012645%
City Redondo Beach Los Angeles 0.062% 0.0506992%
City Rosemead Los Angeles 0.003% 0.0028260%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City San Dimas Los Angeles 0.003% 0.0022016%
City San Fernando Los Angeles 0.013% 0.0104837%
City San Gabriel Los Angeles 0.018% 0.0147726%
City San Marino Los Angeles 0.009% 0.0073791%
City Santa Clarita Los Angeles 0.022% 0.0178167%
City Santa Fe Springs Los Angeles 0.031% 0.0257531%
City Santa Monica Los Angeles 0.158% 0.1298513%
City Sierra Madre Los Angeles 0.006% 0.0048646%
City Signal Hill Los Angeles 0.010% 0.0084884%
City South El Monte Los Angeles 0.005% 0.0039603%
City South Gate Los Angeles 0.020% 0.0166272%
City South Pasadena Los Angeles 0.012% 0.0095334%
City Temple City Los Angeles 0.005% 0.0039498%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1169 44
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City Torrance Los Angeles 0.112% 0.0919820%
City Walnut Los Angeles 0.006% 0.0047305%
City West Covina Los Angeles 0.049% 0.0404521%
City West Hollywood Los Angeles 0.013% 0.0108517%
City Whittier Los Angeles 0.032% 0.0260581%
County Madera County Madera 0.349% 0.427% 0.3630669%
City Chowchilla Madera 0.012% 0.0097332%
City Madera Madera 0.039% 0.0318441%
County Marin County Marin 0.564% 0.690% 0.5861325%
City Larkspur Marin 0.015% 0.0124697%
City Mill Valley Marin 0.020% 0.0168401%
City Novato Marin 0.028% 0.0229824%
City San Anselmo Marin 0.009% 0.0078062%
City San Rafael Marin 0.089% 0.0729823%
County Mariposa County Mariposa 0.084% 0.103% 0.0876131% County Mendocino County Mendocino 0.439% 0.536% 0.4558394% City Ukiah Mendocino 0.039% 0.0317153%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
County Merced County Merced 0.551% 0.674% 0.5724262%
City Atwater Merced 0.024% 0.0195846%
City Livingston Merced 0.006% 0.0045873%
City Los Banos Merced 0.020% 0.0165142%
City Merced Merced 0.061% 0.0500762%
County Modoc County Modoc 0.065% 0.080% 0.0678250%
County Mono County Mono 0.023% 0.029% 0.0242606%
County Monterey County Monterey 0.908% 1.111% 0.9437083% City Greenfield Monterey 0.006% 0.0050552%
City King City Monterey 0.005% 0.0037355%
City Marina Monterey 0.017% 0.0144098%
City Monterey Monterey 0.041% 0.0336540%
City Pacific Grove Monterey 0.009% 0.0074842%
City Salinas Monterey 0.094% 0.0776576%
City Seaside Monterey 0.023% 0.0191772%
City Soledad Monterey 0.007% 0.0060870%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1170 465
APPENDIX
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County Napa County Napa 0.288% 0.352% 0.2994325%
City American Canyon Napa 0.017% 0.0136869%
City Napa Napa 0.078% 0.0642783%
County Nevada County Nevada 0.441% 0.539% 0.4579827%
City Grass Valley Nevada 0.024% 0.0197805%
City Truckee Nevada 0.003% 0.0023843%
County Orange County Orange 4.364% 5.339% 4.5363576%
City Aliso Viejo Orange 0.014% 0.0113841%
City Anaheim Orange 0.554% 0.678% 0.5759282%
City Brea Orange 0.086% 0.0708897%
City Buena Park Orange 0.087% 0.0714352%
City Costa Mesa Orange 0.124% 0.152% 0.1288366%
City Cypress Orange 0.033% 0.0271937%
City Dana Point Orange 0.001% 0.0005560%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Fountain Valley Orange 0.055% 0.0455980%
City Fullerton Orange 0.137% 0.168% 0.1425744%
City Garden Grove Orange 0.213% 0.1752482%
City Huntington Beach Orange 0.247% 0.302% 0.2568420%
City Irvine Orange 0.139% 0.170% 0.1442350%
City Laguna Beach Orange 0.047% 0.058% 0.0493043%
City Laguna Hills Orange 0.014% 0.0115457%
City Laguna Niguel Orange 0.001% 0.0007071%
City Laguna Woods Orange 0.001% 0.0006546%
City La Habra Orange 0.060% 0.073% 0.0621049%
City Lake Forest Orange 0.012% 0.0101249%
City La Palma Orange 0.012% 0.0095439%
City Los Alamitos Orange 0.008% 0.0069190%
City Mission Viejo Orange 0.014% 0.0117560%
City Newport Beach Orange 0.179% 0.1470134%
City Orange Orange 0.150% 0.1231320%
City Placentia Orange 0.029% 0.035% 0.0298912%
City Rancho Santa Margarita Orange 0.001% 0.0006296%
City San Clemente Orange 0.008% 0.010% 0.0086083%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1171 466
APPENDIX
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City San Juan Capistrano Orange 0.008% 0.0065510%
City Santa Ana Orange 0.502% 0.614% 0.5213866%
City Seal Beach Orange 0.020% 0.0165891%
City Stanton Orange 0.035% 0.0291955%
City Tustin Orange 0.073% 0.0600341%
City Westminster Orange 0.104% 0.127% 0.1082721%
City Yorba Linda Orange 0.044% 0.0362223%
County Placer County Placer 1.045% 1.278% 1.0861002%
City Auburn Placer 0.017% 0.0141114%
City Lincoln Placer 0.031% 0.0255599%
City Rocklin Placer 0.076% 0.0625485%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Roseville Placer 0.196% 0.1616559%
County Plumas County Plumas 0.205% 0.251% 0.2128729%
County Riverside County Riverside 4.534% 5.547% 4.7128296% City Banning Riverside 0.017% 0.0143848%
City Beaumont Riverside 0.021% 0.0171135%
City Blythe Riverside 0.012% 0.0096714%
City Canyon Lake Riverside 0.000% 0.0001761%
City Cathedral City Riverside 0.067% 0.0553614%
City Coachella Riverside 0.021% 0.0173054%
City Corona Riverside 0.147% 0.1207083%
City Desert Hot Springs Riverside 0.024% 0.0200433%
City Eastvale Riverside 0.000% 0.0002747%
City Hemet Riverside 0.051% 0.0421792%
City Indio Riverside 0.056% 0.0457794%
City Jurupa Valley Riverside 0.001% 0.0008991%
City Lake Elsinore Riverside 0.021% 0.0172949%
City La Quinta Riverside 0.063% 0.0516732%
City Menifee Riverside 0.032% 0.0260909%
City Moreno Valley Riverside 0.137% 0.1130348%
City Murrieta Riverside 0.048% 0.059% 0.0497423%
City Norco Riverside 0.016% 0.0134542%
City Palm Desert Riverside 0.083% 0.0682465%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1172 467
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City Palm Springs Riverside 0.076% 0.0629862%
City Perris Riverside 0.009% 0.0076774%
City Rancho Mirage Riverside 0.052% 0.0431098%
City Riverside Riverside 0.268% 0.2206279%
City San Jacinto Riverside 0.010% 0.0085936%
City Temecula Riverside 0.022% 0.0180086%
City Wildomar Riverside 0.008% 0.0062500%
County Sacramento County Sacramento 3.797% 4.645% 3.9465887% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Citrus Heights Sacramento 0.057% 0.0465312%
City Elk Grove Sacramento 0.130% 0.1066994%
City Folsom Sacramento 0.108% 0.0890850%
City Galt Sacramento 0.017% 0.0143704%
City Rancho Cordova Sacramento 0.008% 0.0067679%
City Sacramento Sacramento 0.721% 0.882% 0.7496530%
County San Benito County San Benito 0.106% 0.130% 0.1101417% City Hollister San Benito 0.027% 0.0225355%
County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% City Adelanto San Bernardino 0.008% 0.0066640%
City Apple Valley San Bernardino 0.025% 0.0207360%
City Barstow San Bernardino 0.015% 0.0122056%
City Chino San Bernardino 0.064% 0.0525893%
City Chino Hills San Bernardino 0.001% 0.0006388%
City Colton San Bernardino 0.031% 0.0253443%
City Fontana San Bernardino 0.112% 0.0920543%
City Grand Terrace San Bernardino 0.006% 0.0051051%
City Hesperia San Bernardino 0.035% 0.0291522%
City Highland San Bernardino 0.004% 0.0029061%
City Loma Linda San Bernardino 0.009% 0.0071188%
City Montclair San Bernardino 0.039% 0.0322108%
City Ontario San Bernardino 0.179% 0.1472934%
City Rancho Cucamonga San Bernardino 0.084% 0.0689431%
City Redlands San Bernardino 0.057% 0.0469150%
City Rialto San Bernardino 0.073% 0.0603206%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1173 468
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City San Bernardino San Bernardino 0.178% 0.1461880%
City Twentynine Palms San Bernardino 0.002% 0.0012605%
City Upland San Bernardino 0.052% 0.0424460%
City Victorville San Bernardino 0.033% 0.0269400%
City Yucaipa San Bernardino 0.016% 0.0128772%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Yucca Valley San Bernardino 0.003% 0.0021228%
County San Diego County San Diego 5.706% 6.980% 5.9309748% City Carlsbad San Diego 0.128% 0.1050485%
City Chula Vista San Diego 0.189% 0.231% 0.1961456%
City Coronado San Diego 0.044% 0.0359095%
City El Cajon San Diego 0.113% 0.0933582%
City Encinitas San Diego 0.061% 0.074% 0.0630289%
City Escondido San Diego 0.145% 0.1192204%
City Imperial Beach San Diego 0.014% 0.0118283%
City La Mesa San Diego 0.055% 0.068% 0.0575593%
City Lemon Grove San Diego 0.022% 0.0183911%
City National City San Diego 0.080% 0.0656808%
City Oceanside San Diego 0.213% 0.1753428%
City Poway San Diego 0.062% 0.0511040%
City San Diego San Diego 1.975% 2.416% 2.0531169%
City San Marcos San Diego 0.089% 0.0733897%
City Santee San Diego 0.033% 0.0268401%
City Solana Beach San Diego 0.017% 0.0138564%
City Vista San Diego 0.052% 0.0425144%
Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% City Lathrop San Joaquin 0.009% 0.0075394%
City Lodi San Joaquin 0.053% 0.0439484%
City Manteca San Joaquin 0.054% 0.0443454%
City Ripon San Joaquin 0.013% 0.0104219%
City Stockton San Joaquin 0.313% 0.383% 0.3256176%
City Tracy San Joaquin 0.084% 0.0692047%
County San Luis Obispo County San Luis Obispo 0.816% 0.999% 0.8484126% DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1174 469
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City Arroyo Grande San Luis Obispo 0.024% 0.0199053%
City Atascadero San Luis Obispo 0.029% 0.0240680%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City El Paso de Robles (Paso Robles) San Luis Obispo 0.043% 0.0353456% City Grover Beach San Luis Obispo 0.017% 0.0137881%
City Morro Bay San Luis Obispo 0.020% 0.0160922%
City San Luis Obispo San Luis Obispo 0.077% 0.0637841%
County San Mateo County San Mateo 1.074% 1.313% 1.1159599% City Belmont San Mateo 0.021% 0.0169860%
City Burlingame San Mateo 0.019% 0.0152537%
City Daly City San Mateo 0.044% 0.0363880%
City East Palo Alto San Mateo 0.013% 0.0103982%
City Foster City San Mateo 0.020% 0.0166101%
City Half Moon Bay San Mateo 0.004% 0.0031638%
City Hillsborough San Mateo 0.013% 0.0110029%
City Menlo Park San Mateo 0.015% 0.0126209%
City Millbrae San Mateo 0.013% 0.0105836%
City Pacifica San Mateo 0.016% 0.0130625%
City Redwood City San Mateo 0.056% 0.0463511%
City San Bruno San Mateo 0.021% 0.0172161%
City San Carlos San Mateo 0.013% 0.0108885%
City San Mateo San Mateo 0.052% 0.0425841%
City South San Francisco San Mateo 0.043% 0.0353943%
County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% City Carpinteria Santa Barbara 0.001% 0.0008938%
City Goleta Santa Barbara 0.004% 0.0028969%
City Lompoc Santa Barbara 0.047% 0.0389379%
City Santa Barbara Santa Barbara 0.122% 0.1004559%
City Santa Maria Santa Barbara 0.058% 0.0479179%
County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% City Campbell Santa Clara 0.014% 0.0112566%
City Cupertino Santa Clara 0.008% 0.0066824%
City Gilroy Santa Clara 0.025% 0.0202891%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1175 40
APPENDIX
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Los Altos Santa Clara 0.013% 0.0103338%
City Los Gatos Santa Clara 0.013% 0.0103220%
City Milpitas Santa Clara 0.036% 0.0298120%
City Morgan Hill Santa Clara 0.015% 0.0124619%
City Mountain View Santa Clara 0.041% 0.0334608%
City Palo Alto Santa Clara 0.039% 0.0323080%
City San Jose Santa Clara 0.294% 0.360% 0.3054960%
City Santa Clara Santa Clara 0.067% 0.0549723%
City Saratoga Santa Clara 0.004% 0.0034161%
City Sunnyvale Santa Clara 0.053% 0.0434069%
County Santa Cruz County Santa Cruz 0.783% 0.957% 0.8135396% City Capitola Santa Cruz 0.020% 0.0168191%
City Santa Cruz Santa Cruz 0.143% 0.1180348%
City Scotts Valley Santa Cruz 0.015% 0.0126525%
City Watsonville Santa Cruz 0.063% 0.0520136%
County Shasta County Shasta 1.095% 1.339% 1.1380191%
City Anderson Shasta 0.024% 0.0198896%
City Redding Shasta 0.284% 0.2334841%
City Shasta Lake Shasta 0.004% 0.0031993%
County Siskiyou County Siskiyou 0.228% 0.279% 0.2373393% County Solano County Solano 0.760% 0.6260795%
City Benicia Solano 0.031% 0.0253903%
City Dixon Solano 0.016% 0.0130849%
City Fairfield Solano 0.109% 0.0897317%
City Suisun City Solano 0.021% 0.0176183%
City Vacaville Solano 0.119% 0.0976497%
City Vallejo Solano 0.167% 0.1373644%
County Sonoma County Sonoma 1.218% 1.490% 1.2661290%
City Healdsburg Sonoma 0.032% 0.0266929%
City Petaluma Sonoma 0.081% 0.0667507%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1176 41
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City Rohnert Park Sonoma 0.041% 0.0340759%
City Santa Rosa Sonoma 0.184% 0.1519070%
City Sonoma Sonoma 0.022% 0.0183438%
City Windsor Sonoma 0.016% 0.0129298%
County Stanislaus County Stanislaus 1.722% 1.4182273%
City Ceres Stanislaus 0.041% 0.0340260%
City Modesto Stanislaus 0.217% 0.1788759%
City Newman Stanislaus 0.006% 0.0046964%
City Oakdale Stanislaus 0.018% 0.0145531%
City Patterson Stanislaus 0.015% 0.0126590%
City Riverbank Stanislaus 0.010% 0.0085699%
City Turlock Stanislaus 0.065% 0.0531966%
County Sutter County Sutter 0.306% 0.374% 0.3179548%
City Yuba City Sutter 0.074% 0.0606242%
County Tehama County Tehama 0.213% 0.261% 0.2216654%
City Red Bluff Tehama 0.014% 0.0117771%
County Trinity County Trinity 0.082% 0.101% 0.0855476%
County Tulare County Tulare 0.809% 0.990% 0.8410949%
City Dinuba Tulare 0.014% 0.0116929%
City Exeter Tulare 0.004% 0.0032479%
City Farmersville Tulare 0.003% 0.0027879%
City Lindsay Tulare 0.007% 0.0057111%
City Porterville Tulare 0.021% 0.0171845%
City Tulare Tulare 0.037% 0.0302273%
City Visalia Tulare 0.066% 0.0545872%
County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621% County Ventura County Ventura 2.192% 2.681% 2.2781201%
City Camarillo Ventura 0.002% 0.0012815%
City Fillmore Ventura 0.002% 0.0020294%
City Moorpark Ventura 0.008% 0.0067337%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Oxnard Ventura 0.156% 0.190% 0.1617338%
City Port Hueneme Ventura 0.021% 0.0174145%
City San Buenaventura (Ventura) Ventura 0.085% 0.0702181% DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1177 42
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City Santa Paula Ventura 0.014% 0.0119072%
City Simi Valley Ventura 0.065% 0.0533043%
City Thousand Oaks Ventura 0.022% 0.0179902%
County Yolo County Yolo 0.357% 0.437% 0.3713319%
City Davis Yolo 0.055% 0.0451747%
City West Sacramento Yolo 0.066% 0.0544321%
City Woodland Yolo 0.058% 0.0477904%
County Yuba County Yuba 0.214% 0.262% 0.2225679%
City Marysville Yuba 0.014% 0.0112079%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1178 43
1 APPENDIX 2
Cost Reimbursement Procedure
1. Additional defined terms:
a) Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were not previously reimbursed and which were paid or incurred (i) prior to December 31, 2022 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting any CA Allocation Agreement(s) concerning a settlement with any Opioid Defendant(s).
Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first. c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.
2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
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DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1179 44
2 b) Claims Procedure.
i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Kroger Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date. ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt. v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1180 475
3 reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section V(B)(2) of the Kroger Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Kroger a report of the fees and expenses incurred by the Special Master pursuant to Section V(B)(2) of the Kroger Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section 2.c.v below. ii. Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Kroger Settlement Agreement, Walgreens Settlement Agreement, Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, and the Walmart Settlement Agreement be used to pay Costs.
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4 d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.
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1 APPENDIX 3
CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Kroger Settlement and their counsel.
In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the California Attorney General, on behalf of the State of California, are entering into this California-Subdivision Backstop Agreement (Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State BackStop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’ Fees, Costs, and Expenses) of the Kroger Settlement Agreement.
Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Kroger Settlement Agreement and CA Kroger Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Kroger Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Kroger Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Kroger Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments.
The Attorney General is executing this agreement solely because the definition of “State BackStop Agreement” in Exhibit R of the Kroger Settlement Agreement requires such agreements to be between “a Settling State” and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1183 478
BY E-MAIL
2001 M Street, NW Suite 600
Washington, DC 20036
+1 202 682 7000 tel
+1 202 857 0940 fax
March 28, 2024
Chantale Fiebig
+1 (202) 682-7200
[email protected]
David Jones
Supervising Deputy Attorney General
Healthcare Rights & Access Section
Department of Justice
1300 I Street
Sacramento, CA 95814
Phone: (916) 210-7861
Email: [email protected]
Re: Kroger Opioids Settlement Agreement
Dear Mr. Jones:
This letter summarizes the agreement reached between Kroger and the State of California regarding the multistate Kroger Settlement Agreement dated March 22, 2024 regarding opioid claims by states and subdivisions (the "Multistate Kroger Settlement Agreement").
The Kroger Co. and all of its direct and indirect subsidiaries ("Kroger"), and the State of California, by and through its Attorney General Rob Bonta, have agreed to the following modification to the Multistate Kroger Settlement Agreement in its application to California. For the avoidance of doubt, the limited modification set forth below applies only to California and to no other state or territory.
The “Prescription Red Flag” described in Section IX(5)(a) of Exhibit P to the Multistate Kroger Settlement Agreement is modified in its entirety to read as follows:
A Controlled Substance prescription fails to meet the requirements of law. For the sake of clarity, minor deficiencies in the patient’s name, address, date of birth, or contact information are not a red flag if the pharmacist, in his or her professional judgment and usual course of practice, is able to resolve these deficiencies with the patient.
This limited California-specific modification was a necessary condition for California's decision to signon as a participating state to the Multistate Kroger Settlement Agreement.
For the avoidance of doubt, all other terms and provisions in the Multistate Kroger Settlement Agreement remain the same, including without limitation all “Prescription Red Flags” not specified above, all DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1184 479
David Jones
March 28, 2024
definitions, all release provisions, the eleven-year-payment schedule and all other terms and provisions of the payment schedule, and all other terms and provisions.
These terms and this letter shall be included in a stipulated judgment to be filed in a Superior Court in the State of California.
Sincerely,
Chantale Fiebig
Counsel for The Kroger Co.
SO AGREED BY AND ON BEHALF OF THE STATE OF CALIFORNIA:
________________________________
Name: David A. Jones
Title: Supervising Deputy Attorney General
Date: March 29, 2024
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