City Council
Tamara Wallace, Mayor
Cody Bass, Mayor Pro Tem
Scott Robbins, Councilmember
David Jinkens, Councilmember
Keith Roberts, Councilmember
Mission of the City Council
The City was established to provide essential,
outstanding and cost-effective services that
enhance environmental sustainability, economic
vitality and the quality of life for our residents,
businesses and guests.
City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, February 25, 2025 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe -------------------------------------------------------------------------------------------------------- Councilmember Robbins will be participating via teleconference from Comfort Inn & Suites Cedar Rapids Airport, Lobby, 710 America Dr SW, Cedar Rapids, IA, 52404, a location accessible to the public.
Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live and via ZOOM at this link https://us02web.zoom.us/j/87186815329
A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk's Office, (530) 542-6005 or [email protected] Providing Public Comment:
In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].
Remote Participation: If you are joining the meeting via ZOOM and would like to make a comment, press the "raise a hand" button. If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is: 871 8681 5329. Press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak. Note: The Mayor reserves the right to conduct the meeting with in-person public participation only, if there is a technology malfunction that precludes the use of remote public participation.
1 In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected]. When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.
The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting.
Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].
Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in-person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.
Land Acknowledgement
Land Acknowledgement - The City of South Lake Tahoe acknowledges the lands we occupy today are the lands and home of the Wašíšiw, the people from here known today as the Washoe Tribe of Nevada and California, a sovereign nation. Since the beginning of time and for thousands of years before the arrival of any other people, the Washoe lived here and cared for this place, with values and intention that we can all learn from. On behalf of the City Council, I would like to acknowledge, thank, and honor the Indigenous Washoe Tribal Communities that are the past, present, and future stewards of the Lake Tahoe Basin.
Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission Reports
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda.
Comments shall be limited to three (3) minutes per item and six (6) minutes per speaker.
The consent agenda consists of items of a repeating or routine nature considered under a single action.
Any Councilmember may have an item on the consent agenda removed and considered separately upon request.
2 1. Regular City Council Meeting Minutes
2. Fire Department 2024 Annual Report
3. Grant Application to Parasol Foundation to Purchase Tools for Community Defensible Space Maintenance
4. Ratification of Application for Grant from California Office of Emergency Services for Domestic Violence Programs
5. Revisions to the Compensation and Benefits Package for Unrepresented Employees Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.
Requested Action / Suggested Motions: Pass a Motion approving the minutes of the January 28, 2025, Regular City Council Meeting.
Responsible Staff Member(s): Michelle Davis, Assistant City Clerk Item 1 Executive Summary.pdf
01 28 2025 City Council Meeting Minutes.pdf
Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member(s): Jim Drennan, Fire Chief
Item 2 Ececutive Summary.pdf
01-Staff Report-Fire Department 2024 Annual Report.docx 02 - Annual Report 2024 Final.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing staff to submit an application to the Parasol Foundation for $2,500 to be used for the purchase of tools for community defensible space, and authorizing staff to accept the grant if awarded.
Responsible Staff Member(s): Kim George, Fire Marshal
Item 3 Executive Summary.pdf
01-Staff Report - Grant Application to Parasol Foundation 02-Resolution - Parasol Grant.docx
Requested Action / Suggested Motions:
Pass a Resolution ratifying grant application, execution of grant agreement, and authorizing receipt of grant funds awarded from the California Office of Emergency Services (CalOES) in support of the South Lake Tahoe Police Department and Live Violence Free through the Law Enforcement Specialized Unit Grant for calendar year 2025 in an amount up to $203,142.
Responsible Staff Member(s): LT Jeff Roberson
Item 4 Executive Summary.pdf
01-Staff Report - CalOES Grant.docx
02-Resolution-CalOES Live Violence Free Grant.docx
03-Operational Agreement with Live Violence Free.pdf
04-CalOES Letter of Intent to Fund.pdf
05-Sole Source.pdf
Requested Action / Suggested Motions: Pass a Resolution approving revisions to the compensation and benefits package for unrepresented employes by updating language in the Public Safety Uniform Pay section to comply with Title 2 of the California Code of Regulations (CCR), Section 571 as required by CalPERS, along with general language improvements.
Responsible Staff Member(s): Ember Buckman, CGHR-CP, Human Resources Manager.
Item 5 Executive Summary.pdf
01-Staff Report - Unrepresented Compensation Benefit Package.docx 02-Resolution - Unrepresented Compensation Benefit Package.docx 3 6. Use of Tahoe Regional Planning Agency Mitigation Funds for Upper Bijou Park Creek Watershed Restoration Project
7. Investment Portfolio Report - December 31, 2024
8. Fiscal Year 2024-25 Quarterly Financial Status Report - Quarter Ending December 2024
9. 2024-2025 Master Fee Schedule
10. Pay for Success Agreements with Live Violence Free and Tahoe Coalition for the Homeless 03 - Compensation and Benefit Package Unrep Employees Clean (EXH A to Reso).pdf 04- Compensation and Benefits Package Unrep Employees Redline 02252025.pdf Requested Action / Suggested Motions: Pass a Motion authorizing staff to request release of $85,000 of TRPA mitigation funding and pursue construction of the Tamarack culvert as match to the grant between Sierra Meadows Partnership and United States Forest Service.
CEQA Determination: The Planning Commission adopted the Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020, and on May 16, 2024, the Planning Commission adopted an addendum to the CEQA Initial Study/Mitigated Negative Declaration. This action does not require additional review under CEQA Guidelines section 15162.
Responsible Staff Member(s): Brianna Greenlaw, Associate Civil Engineer Item 6 Executive Summary.pdf
01-Staff Report - Tamarack Culvert.docx
02-UBPC SEZ Enhancement Map.pdf
Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 7 Executive Summary.pdf
01-Staff Report Investment Report Dec 2024.docx
02-Operations Cash 12 31 2024.pdf
03-Fiscal Agent 12 31 2024.pdf
04-Graph 12 31 2024.pdf
05-Cash December 2024.pdf
Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member(s): Andrew Black, Financial Services Supervisor Item 8 Executive Summary.pdf
01-Staff Report - FY 2024-25 Quarterly Budget.docx
02-FY 2024-25 Qtrly Budget Report Dec 2024.pdf
Public Hearing
Requested Action / Suggested Motions: Pass a Motion directing staff to make changes, if any, to the 2024-2025 Master Fee Schedule for final adoption March 25, 2025.
Responsible Staff Member(s): Akemi Nishimura, Accountant I Item 9 Executive Summary.pdf
01-Staff Report - 24/25 Master Fee Schedule.docx
02-Master Fee Schedule 24-25 (Red-Lined).pdf
03-Notice of Public Hearing-Master Fee Schedule.pdf
04-Strengthening Financial Position Policy Feb 2013.pdf Regular-Unfinished Business
Requested Action / Suggested Motions:
1) Pass a Motion authorizing and directing the Mayor to execute Pay for Success Agreements with Tahoe Coalition for the Homeless and Live Violence Free in an amount not to exceed $40,000 for each agency until December 31, 2025; and 2) Pass a Resolution Authorizing $80,000 Budget Appropriations from General Fund Undesignated Excess Reserves for the two agreements. 4 11. Purchase of Real Property at 2111-2121 Lake Tahoe Boulevard from BMO Bank N.A.
12. Update on Annual Road Rehabilitation Program and Drainage Replacements
13. Agenda Planning Calendar
Responsible Staff Member(s): Jessica Wackenhut Lomeli, Housing Manager Item 10 Executive Summary.pdf
01-Staff Report - LVH and TCH Agreement.docx
02 - LVF Pay for Success Agreement
03 - TCH Pay for Success Agreement.pdf
04-Resolution - Budget Appropriation.docx
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Purchase and Sale Agreement with BMO Bank N.A. for the purchase of approximately 73,108 square feet of real property in the amount of $940,000, and authorizing the City Manager to execute further documents take further actions necessary to implement the Purchase and Sale Agreement.
Responsible Staff Member(s): Heather Stroud, City Attorney Joseph Irvin, City Manager Item 11 Executive Summary.pdf
01-Staff_Report.docx
02 - Purchase and Sale Agreement.pdf
03 - Letter of Intent 8-16-2024.pdf
04 - CBRE Appraisal Report.pdf
05 - Site Map.pdf
Regular-New Business
Requested Action / Suggested Motions: Pass a Motion approving the 2025 Road Rehabilitation Program and drainage replacement plan.
Responsible Staff Member(s): Stephen Anderjack, Associate Civil Engineer and Brianna Greenlaw, Associate Civil Engineer
Item 12 Executive Summary.pdf
01-Staff Report - Road Rehab Drainage.docx
03-2022 Focused Condition Assessment Report.pdf
04-Aloha Basin.pdf
05 - Pavement Maintenance Toolbox.pdf
02 - 2025 Presentation.pptx
Agenda Planning Calendar
Requested Action / Suggested Motions: Identify, with consent of at least two Council members, any desired future agenda items, and/or modify the Agenda Planning Calendar as desired.
Responsible Staff Member(s): Joseph Irvin, City Manager, and Susan Blankenship, City Clerk APC - 02 20 2025.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday, February 25, 2025, City Council Meeting was posted and available for review on Thursday, February 20, 2025, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us. 5 Signed February 20, 2025
\\sb\\ Susan Blankenship, Elected City Clerk
6 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: February 25,
2025
Agenda Item #:1
Agenda Item: Regular City Council Meeting Minutes
Executive Summary: City Council are asked to approve the meeting minutes of January 28, 2025.
Requested Action / Suggested Motions: Pass a Motion approving the minutes of the January 28, 2025, Regular City Council Meeting.
Responsible Staff Member: Michelle Davis, Assistant City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
01 28 2025 City Council Meeting Minutes.pdf
7 City of South Lake Tahoe
City Council
Meeting Minutes
Tuesday, January 28, 2025 at 5:30 p.m.
City Hall - Council Chambers – 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us Land Acknowledgement
Mayor Wallace read the Washoe Tribe of Nevada and California Land Acknowledgement.
Call to Order/Pledge of Allegiance
Mayor Wallace Called the meeting to order at 5:30 p.m., then led the pledge of allegiance.
Roll Call
Present were Mayor Wallace, Mayor Pro Tem Bass, and Councilmembers Robbins, Jinkens, and Roberts.
Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.
Closed Session Reports
Closed Session update from January 14, 2025
1. Conference with Legal Counsel – Existing Litigation – Government Code section54956.9(d)(1). Case: Jason Cheney v. City of South Lake Tahoe, Workers’ Compensation Appeals Board Case Nos. ADJ11441999 and ADJ15356704.
Action: A compromise and release settlement was made on the worker’s compensation claim for the amount of $234,692, as authorized by Council in a 4-0 vote (Mayor Pro Tem Bass was absent).
Proclamations
1. Proclamation Recognizing January 2025 as “National Human Trafficking Prevention Month”
Action: Issued a Proclamation to Cheyanne Lane of Tahoe Youth and Family Services recognizing January 2025 as “National Human Trafficking Prevention Month”
2. Proclamation Recognizing January 2025 as "National Stalking Awareness Month" Action: Issued a Proclamation to Heather Anderson of Live Violence Free recognizing January 2025 as “National Stalking Awareness Month”
8 Public Communications
Public Comment was heard from the following person:
1. Duane Wallace, South Tahoe Chamber of Commerce- Fire Safety Community Forum
2. Deepak Sharma- tourist economy *written comment submitted
3. Melissa Soderston- fire safety grant funding, Mayor Wallace’s conduct Witten Public Comment was received from the following person:
1. Hattie Carthan- wildfire threats
City Commission and Student Advisory Reports
3. Community Academy Presentation
Action: Received presentation from Student Advisors Sasha Pickett and Sebastian Guerrero.
Consent Agenda
Action: Moved/Seconded: Jinkens/Robbins
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Note: Mayor Pro Tem Bass recused himself on Item 5 due to real property interest in the area.
Action: Passed the consent agenda with noted recusal.
4. Regular City Council Meeting Minutes
Action: Passed Motion 2025-014 approving the minutes for the January 14, 2025, Regular City Council Meeting.
5. Annual Accountability Report for Fiscal Year 2024-2025 for the Bijou Area Erosion Control Project, Community Facilities District (CFD 2014-1) Action: Received and filed.
Note: Mayor Pro Tem Bass recused himself from participating on this item due to real property interest in the area.
Regular- Unfinished Business
6. Amendment to Professional Services Agreement with Placemate for Administration of "Lease to Locals" Program to Extend Term and Allow Incentive for 6-Month Leases Action: Moved/Seconded: Wallace/Robbins
Yes: Wallace, Bass, Robbins, Roberts
No: Jinkens
Action: Passed Motion 2025-015 amending program guidelines to include the addition of a sixmonth lease option; Resolution 2025-005 directing the Mayor to execute Amendment No. 3 to agreement with Placemate to extend term of “Lease to Locals” rental incentive grant program until January 31, 2026, and authorizing budget appropriations of $90,000 from general undesignated excess reserves; The City will also align the “Lease to Locals” program with the Truckee program at the $2,000 and $4,500 rate. At the Strategic Plan meeting, Council will decide how to move forward with the program. The City will not be encumbering anything beyond the $77,000 included in this fund for incentives.
The following person addressed the Council:
1. Chase Janvrin, Placemate
Public Comment was heard from the following people:
1. Deepak Sharma
9 7. Update on Snow Removal Negotiations with Heavenly
Action: Moved/Seconded: Robbins/Wallace
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed Motion 2025-016 Providing direction to staff to negotiate a snow removal agreement with Heavenly based on the “Exhibit A” cost structure as presented; or to negotiate with Heavenly to provide a properly indemnified snow removal agreement at $0 cost along with entering into negotiations for an equitable parking agreement under the explicit condition that it include adequately written support for annexation.
Public Comment was heard from the following people:
1. Shaydar Edelmann, Heavenly Resort
2. Jerry Bindel, Lake Tahoe Visitor’s Authority, South Lake Tahoe Lodging Association
3. Kelley O’Hare
4. Duane Wallace, South Tahoe Chamber of Commerce
5. Ed Mosur
Regular- New Business
8. Local Tenant Preference Policy for Affordable Housing Action: Moved/Seconded: Robbins/Bass
Yes: Wallace, Bass, Robbins, Roberts
Abstain: Jinkens
Action: Passed Resolution 2025-006 adopting the Local Tenant Preference Policy for Affordable Housing with the following modifications presented by City Attorney Stroud:
1. This Local Tentant Preference Policy shall become effective in 60 days
2. Section “A” of the Resolution shall state “To the extent permissible under applicable state and federal law and in compliance with the requirements of any federal, state, or county funding for an affordable housing development” and conitnue on as written.
3. Section “B” of the Resolution shall state “This policy shall apply to all developers, owners and their agents, successors and assigns, and property managers of an affordable housing development in one of the categories listed above for which construction financing closes after the effective date of this policy. This policy shall not apply to any affordable housing development where implementation of the tenant preference would conflict with existing financing documents, agreements, or restrictions, unless all affected parties execute amendments to any such existing financing documents or agreements.” and continue on as written.
The following person addressed the Council:
1. Tara Matthews, Regional Government Services
Public Comment was heard from the following people:
1. David Gregorich
2. Ed Mosur
Agenda Planning Calendar
9. Agenda Planning Calendar
Action: Received and filed.
Updates and Announcements (City Attorney, City Clerk, City Manager City Manager Irvin
1. Upcoming South Tahoe Transit JPA meeting
2. Attended League of California Cities New Mayors and Councilmembers Conference 10 Councilmember Reports and Comments
Councilmember Jinkens
1. Attended League of Califronia Cities New Mayors and Councilmembers Conference
2. State law related to Tahoe Regional Planning Agency housing mandates Councilmember Robbins
1. Attended Tahoe Transportation District Strategic Plan Meeting Mayor Pro Tem Bass
1. Attended Event Center Stakeholders Meeting
2. Attended Tahoe Regional Planning Agency Board Meeting Mayor Wallace
1. Attended Police and Fire Badge Pinning Ceremonies
2. Attended Countywide Oversight Board Meeting
3. Attended El Dorado Local Agency Formation Commission Meeting Ajourment
Mayor Wallace adjourned the Meeting at 9:19 p.m.
Date:_______________
______________________
Tamara Wallace, Mayor
Attest:__________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
11 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: February 25,
2025
Agenda Item #:2
Agenda Item: Fire Department 2024 Annual Report
Executive Summary: The Fire Department is submitting our annual report to City Council for review. We have provided a comprehensive report to the city for the last ten years with the intent of clearly identifying our run statistics, programs, equipment, facilities and personnel.
Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member: Jim Drennan, Fire Chief
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report-Fire Department 2024 Annual Report.docx 02 - Annual Report 2024 Final.pdf
12 Council Agenda Report February 25, 2025 1
City of South Lake Tahoe
Report to City Council
Meeting Date: February 25, 2025
Title: Fire Department 2024 Annual Report
Location: Citywide
Responsible Staff Members: Jim Drennan, Fire Chief
Background: The Fire Department is submitting our annual report to City Council for review. We have provided a comprehensive report to the city for the last ten years with the intent of clearly identifying our run statistics, programs, equipment, facilities, and personnel.
Issue and Discussion: In order to clearly demonstrate the roles and responsibilities within the department we are proudly submitting our 2024 annual report. Each member of the department has at least one staff assignment working within our chain of command. Additionally, we have highlighted several events, programs, and future plans for the department. The attached annual report is respectfully submitted to the City Council and to our community. It will also be available online through our city website.
Financial Implications: There are no financial implications associated with submitting this annual report.
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).
Policy Implications: Producing this report is consistent with the policies of South Lake Tahoe Fire Rescue.
13 TÇÇâtÄ exÑÉÜà
ECEG 14
From the office of the Fire Chief...
Looking back over the last several years I’m happy
to report that our community and Fire Department
managed to avoid any large-scale disasters or historic winter storms in 2024. While we didn’t see any significant wildfires in the basin our department did respond to a record-breaking number of strike team requests in California, Nevada and Oregon. Some of those requests were nearby in the Washoe Valley while others were as far away as
Southern California. From June through November
we responded to 14 separate events providing fire
protecƟon and management to communiƟes in
need. We are able to provide these resources
through the California Master Mutual Aid System.
California Office of Emergency Services (OES) handles the tremendous job of keeping track of the logisƟcal, planning, financial and operaƟonal needs so that local government, state and federal resources can work together. By parƟcipaƟng in the master mutual aid agreement we provide equipment and personnel so that we can expect to receive it in kind if and when we need those resources here locally. On a smaller but just as important scale SLTFR is also part of the Lake Tahoe Regional Chiefs Agreement whereby we can call for immediate assistance from all of our neighboring departments in and around the basin. These agreements and relaƟonships are reinforced on a daily basis.
Aside from wildland fires your fire department was kept very busy over the last year. We have been building our PrevenƟon Bureau, our Fuels Division, and our Training Division. The PrevenƟon Bureau under the leadership of Fire Marshal Kim George submiƩed a new Defensible Space Ordinance which was passed by City Council in July of this year. It should be noted that this ordinance is the most stringent ordinance of its kind in the state. Since it’s adopƟon Chief George has received several inquiries from agencies around the state looking to implement similar ordinances. EssenƟally, it idenƟfies the space 0-5 feet from any structure as non-combusƟble. AddiƟonally, she has grown our public educaƟon program, assisted six new Fire Wise CommuniƟes begin the process for cerƟficaƟon and has engaged with the State Insurance Commissioner to tackle insurance premiums and dropped policies. 15 Our new Fuels Division was built enƟrely through outside grant funding. Lake Valley Fire ProtecƟon District was the original recipient of a $3.2 million dollar grant. This was funded through the Southern Nevada Public Lands Management Act. Lake Valley agreed to split the grant with SLTFR as part of the South Shore Fuels Division and engage in “capacity building” which essenƟally allows both departments to coordinate large scale fuels reducƟon projects on the South Shore. The funding is secure through November of 2027. Jay Manning was promoted from BaƩalion Chief to Division Chief of Fuels earlier this year. He has hit the ground running and has projects lined up for the next several years. He also supervises our chipping crew and will oversee our defensible space inspectors next year.
In the Training Division we conƟnue to prioriƟze our day around a wide variety of skill sets. As an all-risk agency we respond
to a wide array and someƟmes bizarre call
types. Some may seem mundane while
others can pose significant risk. Suppressing structure fires and locaƟng possible vicƟms is clearly the highest risk we face. Earlier this year I had discussed my expectaƟons with the Chief Officers and Company Officers as they pertain to not just our
training regimen but also our culture. At
any structure fire, it is our mission is to aggressively search for potenƟal vicƟms and reach the seat of the fire as quickly as possible to keep fires as small as possible. Our training division has always embraced this concept and this year we have built upon that mindset.
Chief JusƟn Keys and several Captains have worked Ɵrelessly at honing those skills with classes here and within the region including baƩalion level trainings with mulƟple agencies in Carson City at their training center. To be clear, a culture of aggressive suppression and aggressive search is not new here at SLTFR; however, we have placed a strong focus on this concept this year so that our training “sets and reps” allow us to operate aggressively AND as safely as possible in the hazard zone. 16 The men and women of South Lake Tahoe Fire Rescue conƟnue to embody our mission statement of “serving our community with compassion, professionalism and honor.” We all take ownership of this concept and work daily to improve our service delivery to keep our community as safe as possible. It is a privilege to work here in South Lake Tahoe and to also receive the support that we do. Under the leadership of our City Council and City Manager we have been able to thrive alongside the other departments in the City.
Most notably this year we have embarked on a path to replace Fire StaƟon 3 which will allow our department to conƟnue providing service for decades to come. In the following pages you will see just how much we have accomplished in the last year—none of which could have been made possible without the hard work of our line staff and command staff. Those efforts are also supported by the dozens of city staff who work Ɵrelessly behind the scenes. There are far too many people to thank individually but in no parƟcular order I’d like to recognize the excellent partnerships at the Police Department, Dispatch, Motorpool, Human Resources, Finance, IT, FaciliƟes, Public Works, Development Services and the City Manager’s office. The relaƟonships built over the last several years truly helped transform our agency. Thank you for all that you do! Sincerely,
Jim Drennan
Fire Chief
P.S.
Just prior to sending our annual report to print, SLTFR, along with hundreds of agencies across the western states, were requested for immediate response to the Palisades and Eaton Fires in Los Angeles. These fires broke out on Tuesday, January 7th along with several other smaller fires fueled by intense Santa Ana winds. Responding resources were quickly overwhelmed. Our Brush 2 led by Captain Haven Wilvers responded along with BC JusƟn Keys as a strike team leader on the same night with several strike teams from our region. This fire is one of the most destrucƟve and deadly fires in California history. At the Ɵme of this wriƟng Cal Fire is reporƟng 24 confirmed fataliƟes with more than a dozen sƟll reported missing. While we are proud of our ability to provide immediate response as far away as Southern California, that pride is tempered with heavy hearts as our members are witness to such destrucƟon and loss. Our department would like to recognize the extraordinary efforts made by firefighters, law enforcement and ciƟzens during this extremely difficult Ɵme. 17 Serving our Community with
Compassion,
Professionalism, and Honor
18 Background
The City of South Lake Tahoe was incorporated in 1965. That was accomplished by combining several small communities including Al Tahoe, Bijou, Bijou Park, Stateline, Tahoe Valley, and Tallac Village. The fire department was formed in 1966 by the City. Currently the City’s approximately 23,000 residents reside in an area of approximately 16.6 square miles. We are located at 6237 feet above sea level.
The fire department provides all risk emergency and non-emergency services including fire protection, emergency medical services, rescue, fire prevention, fuels reduction, and public education. Today the department maintains three fire stations and a training center. South Lake Tahoe Fire Rescue personnel and equipment responded to 3008 calls for service in 2024.
Finance
The fire department receives money in two different manners. We receive the preponderance through the general fund, as well as revenue for capital purchases from proposition 172 funding. The 2023/2024 fire department budget was $12,554,222. We always focus our efforts on developing a budget with strict accountability measures for those that have administrative assignments.
Supported by
Our 2024 City Council Our 2024 City Departments
Cody Bass, Mayor Joe Irvin, City Manager
Tamara Wallace, Mayor Pro Tem Heather Stroud, City Attorney John Freidrich Susan Blankenship, City Clerk
Tamara Wallace Olga Tikhomirova and Finance staff
Scott Robbins Ember Buckman & Human Resources staff
Anush Nejad and Fleet / Streets staff
Zach Thomas & Developmental Services
staff
I.T. team - Sebastian, Gabe, Druin, and
Alexander
Travis Shindelbower and Facilities staff
Chief Stevenson and Police Dept staff
19 As part of our 5 year department Strategic Plan, we identified Goals and Objectives to be completed by 2027.
SLTFR Five Strategic Goals:
South Lake Tahoe Fire Rescue seeks to improve our ability to manage fuels on the south shore and to build the Prevention Bureau.
South Lake Tahoe Fire Rescue seeks to update our current Standards of Cover document for City Council to adopt and would determine acceptable risk within the City of South Lake Tahoe for fire, disaster, and medical emergencies. South Lake Tahoe Fire Rescue seeks to maintain our high level of training and professional development to improve our service to the community. South Lake Tahoe Fire Rescue seeks to have well-maintained and modern facilities that enable our staff to perform their jobs safely and efficiently. South Lake Tahoe Fire Rescue seeks to demonstrate leadership with humility at all levels of the organization.
20 Fires 45
Emergency Medical Services 1797
Hazardous Conditions 113
Public Assistance 371
Weather Related Incidents 3
False Calls/Alarms/Other 679
Total Responses 3008
Fire Loss
21 South Lake Tahoe Fire Rescue Personnel
Administrative Assignments Summary
Our personnel are each tasked with a specific assignment for the year, in addition to their regular duties.
(in order of Fire Dept seniority)
Year hired:
2001 Battalion Chief / Paramedic R.N. Kim George - Fire Marshal / Public Education 2002 Fire Chief Jim Drennan - Oversees all internal and external operations of the department 2002 Battalion Chief Karl Koeppen - Operations Chief (hired by Public Works in 1999) 2004 Executive Assistant Sallie Ross - Assistant to the Fire Chief / Agency PIO 2005 Captain / Paramedic Al Martinez - Union President / Fire / Arson Investigation / Historian 2006 Captain / Paramedic Brenen Davis - Facilities / Union Treasurer 2007 Battalion Chief / Paramedic Tyler Jack - Administrative Chief / Blue Card Training 2007 Captain / Paramedic Doug Bailey - SCBA
2007 Captain / Paramedic Mike Mileski - PPE /Turnouts /TEMS / Behavioral Health 2009 Engineer Jody Benavidez - Station Supplies/ Quartermaster / Honor Guard 2009 Engineer / Paramedic Holt Cawelti - Apparatus and Maintenance / Boat Program 2009 Battalion Chief Justin Keys - Training Chief / New Hire Academy 2012 Firefighter / Paramedic Paul Bias - Facilities
2012 Captain / Paramedic Trent Renner - Training Captain / TEMS Team 2013 Engineer / Paramedic Kevin VanKirk - Hose, Nozzles, Appliances and Water 2013 Captain / Paramedic Mike Taormina - Wildland Operations 2014 Captain / Paramedic Danny Vallejo - Ice and Swift Water Rescue / Hostile Events/ TEMS 2014 Engineer / Paramedic Dustin Winter - Health and Fitness / Wildland Operations 2018 Engineer / Paramedic James Berthinier - New Hire Advocate / SCBA / Water Rescue 2018 Captain / Paramedic Haven Wilvers - Boat Program / Dept RTO / Union VP 2018 Firefighter / Paramedic Jake Reginato - EMS Supplies and Equipment / Ropes 2018 Engineer / Paramedic Tom Jones - SCBA / Peer Support 2018 Division Chief Jay Manning - Chief of Fuels Reduction Crew / Defensible Space Inspectors 2019 Firefighter / Paramedic Blake Sturdivan - Drone Program / Uniforms 2019 Engineer / Paramedic Lance Hubbard - Arson Investigation 2020 Firefighter / Paramedic Matt Davis - Hazmat
2020 Engineer / Paramedic Jonathan Szendrey - CPR Instruction / PIP’s / First Due Software 2020 Firefighter / Paramedic Leo Gebhardt - CPR Instruction / EMS / BLS Billing 2020 Fire Safety Inspector II - Dan Brown - Prevention (hired at Police Dept in 2015) 2021 Firefighter / Paramedic Chris Grasso - Tools and Equipment / Ropes 2021 Firefighter / Paramedic Luke Daum - PIP’s /First Due Software 2022 Engineer / Paramedic Marty Rider - Auto Extrication / Honor Guard 2022 Captain / EMT Tom Kerley - First Due / Communications / PIPs 2023 Firefighter / Paramedic Eric Dunn - Working on task book 2023 Firefighter / Paramedic Nick Steffen - Working on task book 2023 Firefighter / Paramedic Andrew Brodbeck - Working on task book 2023 Firefighter / Paramedic Stuart Bogle - Working on task book 2024 Firefighter / Paramedic Wade Norberg - Working on task book 22 Agency OrganizaƟonal Chart
1 - Fire Chief
1– ExecuƟve Assistant / PIO
1– Division Chief / Fuels ReducƟon and DSI Crews
3 - BaƩalion Chiefs on shiŌ
1- BaƩalion Chief / Fire Marshal
1– Fire Inspector II
9 - Captains
9 - Engineers
16 - Firefighters
Our Top 3 PrioriƟes
Responding to incidents
Training
Physical Fitness
23 OrganizaƟonal photos by rank and seniority
Jim Drennan
Fire Chief
Jay Manning
Division Chief / EMT
Kim George
BaƩalion Chief / Fire Marshal /
Paramedic / RN
Sallie Ross
ExecuƟve Assistant to the
Fire Chief and Department PIO
24 JusƟn Keys
BaƩalion Chief / EMT
A ShiŌ
Karl Koeppen
BaƩalion Chief / EMT
B ShiŌ
Tyler Jack
BaƩalion Chief / Paramedic
C ShiŌ
25 Al MarƟnez
Fire Captain / Paramedic
Mike Taormina
Fire Captain / Paramedic
Brenen Davis
Fire Captain / Paramedic
Doug Bailey
Fire Captain / Paramedic
Tom Kerley
Fire Captain / EMT
Mike Mileski
Fire Captain / Paramedic
Trent Renner
Fire Captain / Paramedic
Danny Vallejo
Fire Captain / Paramedic
Haven Wilvers
Fire Captain / Paramedic
26 Holt CawelƟ
Engineer / Paramedic
Kevin VanKirk
Engineer / Paramedic
DusƟn Winter
Engineer / Paramedic
Jody Benavidez
Engineer / EMT
Lance Hubbard
James Berthinier
Engineer / Paramedic
Tom Jones
Marty Rider
Engineer / Paramedic
Jonathan Szendrey
Engineer / Paramedic
27 MaƩ Davis
Firefighter / Paramedic
Paul Bias
Firefighter / Paramedic
Blake Sturdivan
Firefighter / Paramedic
Jake Reginato
Firefighter / Paramedic
Chris Grasso
Firefighter / Paramedic
Eric Dunn
Firefighter / Paramedic
Leo Gebhardt
Firefighter / Paramedic
Nick Steffen
Firefighter / Paramedic
Luke Daum
Firefighter / Paramedic
28 Andrew Brodbeck
Firefighter / Paramedic
Vacant posiƟon
Firefighter / Paramedic
Vacant PosiƟon
Firefighter / Paramedic
Stuart Bogle
Firefighter / Paramedic
Vacant posiƟon
Firefighter / Paramedic
Wade Norberg
Firefighter / Paramedic
Vacant PosiƟon
Firefighter / Paramedic
Dan Brown
Fire Safety Inspector II
29 Our agency operates under 5 Divisions:
AdministraƟon
OperaƟons
Training
PrevenƟon
Fuels ReducƟon
The Fire Chief oversees all divisions of the department, with the 5 Division / BaƩalion Chiefs each overseeing a division.
Pictured from leŌ to right, Division Chief Jay Manning, BaƩalion Chief Tyler Jack, BaƩalion Chief/Fire Marshal Kim George, Fire Chief Jim Drennan, BaƩalion Chief Karl Koeppen, BaƩalion Chief JusƟn Keys
30 ExecuƟve Assistant to the Fire Chief
Public InformaƟon Officer
Sallie Ross
The posiƟon of ExecuƟve Assistant to the Fire Chief is a mulƟfaceted confidenƟal posiƟon that requires an intense amount of concentraƟon while simultaneously addressing issues from the fire crew and the public. In order for the office to run smoothly, many deadlines and responsibiliƟes must be met.
Excellent internal and external customer service is crucial to the success of this posiƟon.
This posiƟon also includes work as
our Public InformaƟon Officer. The PIO is responsible for providing informaƟon and updates to the media about all types of incidents or community events using TV, Social Media, and Press Releases. This posiƟon works closely with the Fire Marshal with community events. 31 Division Chief Jay Manning
The Wildfire and Fuels Division remains committed to promoting fire safety, reducing wildfire hazards, and enhancing the community’s resilience against wildfires. This report outlines
our major accomplishments, ongoing initiatives, and strategic plans for the year.
This year, we successfully initiated the recruitment process for a Division Chief to oversee the South Shore Division. This position is critical for improving our operational capabilities, enhancing community engagement, and
providing leadership for our wildfire management and fuels reduction efforts. The Division Chief will play a key role in strategic planning
and resource allocation to maximize the effectiveness of our programs.
The Division continues to prioritize project
identification and funding for fuels reduction.
We are actively seeking grants and partnerships to support various initiatives aimed at mitigating wildfire risks. Recent efforts have focused on identifying critical areas needing treatment, developing comprehensive project proposals, and collaborating with stakeholders for funding opportunities.
Our ongoing work is essential
for securing the necessary financial resources to implement these projects effectively.
32 We are pleased to announce the completion of the US Forest Service (USFS) funded fuels reduction project along Highway 50, focusing on the airport area.
This project involved extensive thinning and clearing of hazardous fuels, significantly reducing fire risks in this critical corridor. We believe this effort not only enhances safety but also contributes to the ecological health of the area. In addition to the USFS project, we have undertaken comprehensive fuels reduction work at the airport to ensure compliance with Federal Aviation Administration (FAA) regulations. This includes strategic pile burning designed to clear excess fuels while minimizing environmental impact. Our team worked diligently to coordinate with the FAA and local stakeholders, ensuring a safe and effective operation. In addition, the City of South Lake Tahoe was able to obtain additional USFS project funding for the LTUSD High School property fuels reduction project scheduled to be completed by 4th Quarter of 2026.
The South Lake Tahoe Fire Wildfire and Fuels Division is committed to enhancing fire safety and wildfire preparedness in our community. Through strategic hiring, funding acquisition, active programs, and project completion, we aim to protect our residents and natural resources from the threat of wildfires. We look forward to another productive year as we continue to build on our successes and tackle the challenges ahead.
33 Our Defensible Space Inspection Program remains a cornerstone of our wildfire prevention strategy. This year, we have conducted numerous inspections to ensure that property owners maintain defensible space around their homes. The program educates residents about fire-safe landscaping and building materials, emphasizing the importance of creating and maintaining defensible spaces to enhance safety and resilience against wildfires. This year our seasonal inspectors were able to utilize a new inspection program Fire Aside funded by the Tahoe Fund for all agencies basin wide. 1023 properties were notified of our Defensible Space Inspection Program within the designated target area of the city. To date 2883 total inspections were conducted in 2024 resulting in 4436 defensible space violations. This coming year our goal is to get additional information to the public so that we can engage more with the property owners and educate them on the need for defensible space to help make the community safer from wildfire.
Supported by the Bureau of Land Management (BLM) through the Southern Nevada Public Lands Management Act (SNPLMA), the South Shore Chipping Program continues to be a success managed by the Tahoe Resource Conservation District and has seen increased participation this year. The program provides residents with a practical solution for managing yard debris and reducing potential wildfire fuel. Through community engagement initiatives, we encourage residents to utilize the program and increase
awareness about defensible space
principles. This year over 335 chipping
requests were completed on the South
Shore and over 727 cubic yards of material was removed. The South Shore Chipping Crew also provided a key asset for the City of South Lake Tahoe Public Works Department working to
clear overgrown vegetation from designated water ways. This ensures that rain and snow melt runoff flows properly towards the lake. 34 Battalion Chief / Fire Marshal
Kim George
2024 has been an exciƟng and transformaƟve
year for the South Lake Tahoe Fire Rescue (SLTFR)
PrevenƟon Bureau. Under the leadership of Fire
Marshal BaƩalion Chief Kim George, we have
made remarkable strides in rebuilding a fire prevenƟon program that had not been acƟve for many years.
With over 20 years of experience on the suppression side, this is Chief George’s second year on the prevenƟon side, and the progress achieved has been both humbling and rewarding for her. 35 Public EducaƟon: A Year of ReconnecƟon
Public educaƟon has been a shining highlight of 2024. This year, SLTFR successfully reestablished a robust school program that had been (with occasional excepƟons when teachers
would request us) dormant for years. October is the ideal Ɵme of year for an annual school visit because it is Fire PrevenƟon Month. Our mulƟ-day visits to Tahoe Valley Elementary and Bijou Elementary re-established a new standard for student fire educaƟon.
We proudly introduced our new inflatable fire safety house, which quickly became a favorite among the students. Every student at both schools parƟcipated in interacƟve sessions where we covered essenƟal fire safety topics such as:
Stop, drop, and roll
Fireplace safety
Smoke detector awareness
Staying low in smoke
EvacuaƟon planning and knowing two ways out
Talking to parents about establishing a meeƟng place We also ensured students understood that if they’re trapped on the second story, we’ll be there to help them. One of the most impacƞul lessons we prioriƟze is showing how a firefighter looks in full turnout gear and SCBA. This helps reduce fear and builds familiarity, ensuring that children feel safe if a rescue is ever needed. Also to never hide. Seeing a firefighter go from a standard uniform to full turnout gear including an SCBA (with mask and audible breathing) helps to humanize the appearance and sound of the Darth Vadar-ish, faceless bulky being.
Moving forward, we will visit both elementary schools during the month of October to refresh on fire safety informaƟon for all elementary school students in South Lake Tahoe. 36 Community Engagement Highlights During Fire PrevenƟon Month (October) Pre-K StaƟon 3 Tours
Messaging through Outside Lake Tahoe
Firefest
Assisted Living Facility Visits
7th and 8th Grade STEEC Field Trips
High School Fire ExƟnguisher Training
Open House & Pancake Breakfast
Board Game Night at South Lake
Brewery
Blood Drives
Wildfire Safety Expo: Annual Fun, Fire Safety InformaƟon Event Movie Night: “Wilder Than Wild”
37 Firewise CommuniƟes: A Growing Movement
SLTFR conƟnues to proudly support the Firewise USA iniƟaƟve, which empowers neighborhoods to take proacƟve steps toward wildfire preparedness. The Al Tahoe Firewise USA neighborhood remains one of the largest in the country, demonstraƟng an excepƟonal commitment to safety.
This year, SLTFR acƟvely parƟcipated in the Al Tahoe Firewise Community Workday and the Community Wildfire Preparedness Day, which was held at StaƟon 2 and featured Senator Kiley. He addressed aƩendees on wildfire preparedness plans at the state level, making the event both educaƟonal and inspiring.
In 2024, two addiƟonal neighborhoods—Bijou Pines and Tahoe Tyrol—achieved Firewise designaƟon, bringing the total to six Firewise communiƟes in South Lake Tahoe. We’re also working closely with three neighborhoods currently in the applicaƟon process: West Gardner Mountain, Sierra Tract, American Legion Tract and Bijou 2. We deeply admire the dedicaƟon of these communiƟes and look forward to conƟnuing this important collaboraƟon.
38 In December 2023, SLTFR launched a community newsleƩer to provide a consistent and transparent line of communicaƟon with our residents. Throughout 2024, we have steadily grown our subscriber base, offering insights into department updates, project progress, safety informaƟon, and more. This iniƟaƟve is helping us build an overdue bridge with our community, parƟcularly on important safety projects. The newsleƩer serves as a plaƞorm to engage with those invested in making South Lake Tahoe a safer place to live, work, and play.
SLTFR recognizes the power of social media as a tool for public educaƟon and community connecƟon. We’ve embraced the challenge of creaƟng content that is not only informaƟve but also engaging and entertaining to maintain strong audience interest. 39 Adopt-a-Hydrant Program: Inspiring Regional Impact
Winter 2023/2024 marks the third year of our highly successful Adopt-a-Hydrant program. This iniƟaƟve invites residents to clear snow from fire hydrants in their neighborhoods, ensuring quick access in case of emergencies. To encourage parƟcipaƟon, we offer a custom SLTFR mug to those who send us a picture of their cleared hydrant.
The program’s success has inspired neighboring departments—Lake Valley, Tahoe Douglas, and North Lake Tahoe—to adopt similar programs. While each jurisdicƟon has its own spin (North Lake Tahoe is offering beanies instead of mugs), we’re proud to have pioneered this impacƞul effort to enhance public safety.
This combinaƟon of events and programs showcases SLTFR’s commitment to community engagement, safety, and teamwork. Together, we’re building a stronger, more resilient South Lake Tahoe.
40 Unprecedented Public Outreach Depth for South Lake Tahoe Fire Rescue Opportunity California Climate AcƟon Corps Fellows: Driving Wildfire Resiliency This year, SLTFR proudly partnered with the California Climate AcƟon Corps (CCAC) to host two fellows, Cricket Baldwin and Indigo Albani Bombard. CCAC is a state-wide iniƟaƟve designed to address climate challenges by placing fellows with organizaƟons focused on climate acƟon, educaƟon, and community resilience. These fellows bring fresh perspecƟves and dedicated efforts to support local iniƟaƟves.
Cricket and Indigo are working with the SLTFR PrevenƟon Bureau from September 2024 through August 2025, focusing on public outreach related to wildfire resiliency. Their contribuƟons have been extraordinary, providing invaluable support for public educaƟon events and community engagement. They really hit the ground running, starƟng in Fire PrevenƟon Month and parƟcipaƟng in outreach acƟviƟes. They also led the Adopt-AHydrant annual program and designed the 2024 mug! Their efforts are helping to strengthen the connecƟon between SLTFR and the community in preparing for and miƟgaƟng wildfire risks. Their presence creates a depth for public outreach that otherwise would be unaƩainable for one person within SLTFR.
41 42
43 44
45 46
Every year, our citizens and visitors eagerly
anticipate the arrival of our Christmas engine.
For 14 magical nights every December, the
music and lights spark joy in the hearts of
everyone who sees it. Our Fire Association
loves carrying on this special tradition.
47 Dan Brown
Fire PrevenƟon serves a criƟcal role to the community
by providing inspecƟons, enforcement, and educaƟon.
Inspector Brown performs assigned duƟes of Fire and
Life Safety inspecƟons, reviewing plans for new construcƟon projects, new construcƟon inspecƟons, defensible space inspecƟons, special event inspecƟons, firework display inspecƟons, assisƟng with the Defensible Space program, and responding to reported safety concerns. In addiƟon, Inspector Brown also responds to assist with fire invesƟgaƟon to determine origin and cause of fires.
Inspector Brown aƩended California State Fire Marshal training courses this year for Fire InvesƟgaƟon 1A, 1B and 1C, along with other invesƟgaƟon courses to further provide service to the community.
Annual Fire and Life Safety inspecƟons are conducted for schools, businesses, mulƟfamily housing, high rise buildings, and jails. The inspecƟons address issues concerning building safety and fire code related maintenance.
New construcƟon projects require full plan reviews to ensure it meets currently adopted codes.
ConstrucƟon progress inspecƟons are conducted throughout a project to ensure fire safety systems funcƟon and meet the currently adopted fire codes. These systems included fire alarms, fire sprinkler systems, Type 1 commercial kitchen hoods, along with other systems related to fire and life safety elements.
Fire InvesƟgaƟon Training
48 Sugar Pine Village Phase II
Sugar Pine Village Phase 1 CompleƟon New Target Building MarrioƩ Timber Lodge Fire Alarm Upgrade
Special Event InspecƟons
New SLT Rec and AquaƟcs Center
49 Result with Sprinklers Result without Sprinklers
Burn House Demo
Burn House InspecƟon
50 Post InvesƟgaƟon
Vehicle Fire InvesƟgaƟon
Fire InvesƟgaƟon Training Scenario
51 Battalion Chief Tyler Jack
Fire Investigation / Historian – Fire Captain Al Martinez Pre-Incident Planning – Fire Captain Tom Kerley
Facilities – Fire Captain Brenen Davis
Quartermaster – Engineer Jody Benavidez
CPR Instruction – Firefighters Leo Gebhardt and Jonathan Szendrey Drone program—Firefighter Blake Sturdivan
First Due Software—Captain Tom Kerley
Chief Jack has served as the BaƩalion Chief on C
ShiŌ since September 2024. In this role Chief
Jack is responsible for Blue Card training, PreIncident Planning, Policy and Procedures, and serves as the Cal OES/Mutual Aid Liaison. He supervises the following personnel and their respecƟve staff assignments:
Blue Card- The Blue Card Command System continues to be a pivotal part to how we as an agency combat structure fires. This year, three more members completed the program and became Blue Card certified. It has been a full year since Lake Valley Fire Protection District has transitioned to operating under the Blue Card Command system.
The consistency and proficiency in how our two agencies approach fires together is undeniably better. SLTFR and LVFPD have formed a Blue Card training cadre made up of members from both agencies. The cadre meets monthly to discuss ways to continue to improve the program and how we can integrate consistent multi-agency training. 52 iRIMS- Chief Jack and Captain Kerley aƩended RIMS CON in October and were able to come back with lots of good informaƟon that will be beneficial in uƟlizing iRIMS and First Due to their maximum capacity.
Net MoƟon- Net MoƟon has been purchased to enhance our log in experience with our engine ipads. Net MoƟon is a virtual private network (VPN) that insulates devices and applicaƟons from dropped connecƟvity on bandwidth-constrained or intermiƩent networks, delivering a resilient, “always-on” experience. It’s by far the best VPN on the market and will solve our 3- step log in process to our apparatus devices.
StaƟon security cameras- As of December 1st, all three
staƟons have been ouƞiƩed with mulƟ-point security
cameras. This ensures that all staƟons are under 24 hour surveillance, enhancing the safety and security of our
members and the staƟons we serve out of.
53 Captain Al Martinez and Engineer Lance Hubbard
South Lake Tahoe Fire
Rescue’s Fire/Explosion
InvesƟgaƟon team
worked several incidents
in 2024. The team responded both on-duty
and off-duty to determine origin and cause
with the assistance of
crews on scene, and our
mutual aid partners.
With the ongoing training, educaƟon, and experience being obtained by the team we have been
an asset in invesƟgaƟng
several residenƟal/
commercial structure fires, vehicle fires, and wildland fires.
Team members will conƟnue with their training with an emphasis on California State Fire Training CerƟficaƟon classes and online training through CerƟfied Fire InvesƟgator Trainer. The team will conƟnue being part of the NaƟonal and InternaƟonal InvesƟgaƟon AssociaƟons, where we acquire training and knowledge from all over the world. Al and Lance will remain members of the California Conference of Arson InvesƟgators where we are able to work closely and gain relaƟonships with fellow invesƟgators within our region.
The team conƟnues to work with the City Fire Marshal and Fire Inspector to broaden the scope of this program. Our team is excited to announce the implementaƟon of a new documentaƟon program called Blaze Stack. This program focuses on report wriƟng, case management, and collecƟon of fire scene data. Future goals in mind for the team are to create a Lake Tahoe Basin Fire/Arson InvesƟgators commiƩee. This would allow for all resources within the Basin to meet and in the future assist with invesƟgaƟon within the Basin. AddiƟonally, the team plans to update department policies in regard to fire invesƟgaƟon in the 2025 year.
We will conƟnue to work hard to
grow this staff assignment, its
team members, and the Fire Department as a whole.
Fire Inspector Dan Brown
54 InvesƟgaƟon Scene Post ResidenƟal Fire
Engineer Hubbard, Fire Marshal George, and Captain MarƟnez aƩend the InternaƟonal AssociaƟon of Arson InvesƟgator’s Conference 55 Captain Al Martinez
South Lake Tahoe Fire Rescue remained busy conƟnuing to build the history of the organizaƟon. Early 2024 was celebrated by having our ninth anniversary of our
Annual Awards Ceremony, and publicaƟon of the annual report.
Department members parƟcipated in community
events such as St. Baldricks, SLTFR pancake breakfast,
creaƟon of a new department challenge coin, new engine placed into service, and aƩending a staƟon dedicaƟon for the father of SLTFR member Kyle Printz.
Honoring members reaching years of service milestones
and conƟnuing to make improvements of the history
books and walls of our training center which showcases
our department members and the work provided to our
community members and visitors of our wonderful town.
Looking into the new year, SLTFR and its history will conƟnue growing with new department members, apparatus, and equipment. 56 Captain Tom Kerley
Assisted by Engineer Jonathan Szendrey and Firefighter Luke Daum First Due Fire soŌware is a comprehensive soluƟon
designed specifically for fire departments and emergency medical services. It provides a centralized plaƞorm for efficient incident management. In 2023,
SLTFR became an early adopter of First Due, and it is
now being used to coordinate emergency response
efforts throughout the Tahoe Basin.
First Due effecƟvely relays dispatch data, preincident plans, and inspecƟon informaƟon across the plaƞorm. The soŌware enables real-Ɵme resource tracking across the region, allowing incident managers to make informed decisions quickly. AddiƟonally, it facilitates seamless communicaƟon among team members and integrates with various
data sources to ensure accurate and up-to-date informaƟon during emergencies.
With its user-friendly interface and
robust funcƟonality, First Due Fire and
EMS soŌware is essenƟal in opƟmizing our emergency response efforts and enhancing our community's safety and efficiency.
57 Captain Brenen Davis
During the past year, the fire department has made significant progress on various projects. This includes the compleƟon of StaƟon 3, securing funding for repairs and maintenance at Fire StaƟon 1, and implemenƟng improvements at Fire StaƟon 3.
At Fire StaƟon 3, the
roof has been
sealed to prevent
leaks and damage.
The living and office
areas have been upgraded with new
flooring and paint,
as well as a remodeled kitchen and
dining area with improved lighƟng. Obsolete cabinets and unused space have been transformed into a modern administraƟve waiƟng area, creaƟng a more comfortable and cleaner environment for both work
and living spaces.
The City of South Lake Tahoe is finalizing the purchase agreement for land next to Fire StaƟon 3, with plans to begin construcƟon on a new fire staƟon in 2026. Fire Captain Davis aƩended a StaƟon Design conference in Glendale, AZ, bringing back
valuable informaƟon on modern fire staƟon design
requirements.
Funding has also been allocated for repairs at Fire
StaƟon 1, including new paint, flooring, appliances,
and a bathroom addiƟon for the BaƩalion Chief
headquarters. This remodel is set to begin in
spring of 2025. We would like to thank all the staff
for their hard work and dedicaƟon to maintaining
our city faciliƟes.
58 Engineer Jody Benavidez
The role of the quartermaster was one the most varied
posiƟons in the Military. The Quartermaster Corps are
in charge of all general supplies except for ammuniƟon
and medical supplies. Items such as food, building materials, tools and uniforms are warehoused and distributed under the quartermaster's authority. The posiƟon will be in charge of maintaining an appropriate stock
of all materials, receiving requests for supplies from
soldiers and making sure that those items reach the
correct desƟnaƟon.
The Quartermaster at South Tahoe Fire Rescue has
demonstrated a commitment to
efficiently managing essenƟal supplies for the three firehouses. Necessary items, including cleaning supplies, kitchen essenƟals, and flags, were ordered and stocked. The Quartermaster's aƩenƟon to detail in tracking inventory levels and iniƟaƟng the ordering process for new supplies has been crucial for maintaining operaƟonal readiness. AddiƟonally, Engineer Benavidez took on the responsibility of organizing shadow boxes for reƟrees and deparƟng members, adding a thoughƞul element to the department's procedures and fostering relaƟonships. Overall, the review highlights the Quartermaster's dedicaƟon to logisƟcs and their contribuƟons to the department's operaƟonal effecƟveness throughout the year.
The Quartermaster assignments also include making sure the American Flags are in good condiƟon at each staƟon. Its has been a tradiƟon to replace the American flags every year on the 4th of July.
59 Firefighter Jonathan Szendrey and Firefighter Leo Gebhardt As part of our mission to serve our community, SLTFR offers a variety of American Red Cross courses to the public, including Basic First Aid/ CPR/AED and Basic Life Support. This year our enƟre staff was recerƟfied in CPR for the Professional Rescuer, and new training equipment was purchased to make our public educaƟon more efficient.
For more informaƟon on scheduling a CPR class please email [email protected] 60 Battalion Chief Karl Koeppen
Karl Koeppen has served as the South Lake Tahoe
Fire Rescue OperaƟons BaƩalion Chief for 9 years.
In this role Chief Koeppen is responsible for recruitment and promoƟons, standards of cover, preincident planning, quarterly inspecƟons, Duty Chief for B ShiŌ and the following personnel and their
respecƟve staff assignments:
PPE - Engineer Mike Mileski
Uniforms - Firefighter Blake Sturdivan
Auto ExtricaƟon - Engineer Marty Rider
SCBA - Engineer Tom Jones
Tools and Equipment - Firefighter Chris Grasso
Hoses, Nozzles, Appliances, Water - Engineer Kevin VanKirk Ice / SwiŌ Water Rescue - Captain Danny Vallejo
EMS Equipment / Supplies - Firefighter Jake Reginato
Over the past year, Chief Koeppen successfully conducted five interview panels, resulting in the hiring of three new firefighter/paramedics who are currently undergoing background checks. He also organized a Battalion Chief assessment center, promoting one candidate and
creating an eligibility list for the other two. Additionally, he established a Captain assessment center, where two
Engineers were tested for a single opening, leading to
one promotion with plans to promote the second candidate in the upcoming year. Overall, these efforts reflect our commitment to building a strong and capable team.
61 Captain Mike Mileski
Personal ProtecƟve Equipment is essenƟal for
our members to provide a high quality service
to the public. SLTFR uƟlizes structure
gear for a variety of call
types. It is
common to
see SLTFR
member wearing structure
gear to fires,
vehicle accidents, and hazardous material calls.
Care and maintenance of the structure gear is the responsibility of each firefighter. SLTFR partners with ScoƩ’s PPE in Lodi, CA to perform all required inspecƟons and repairs. 62 This year we were proud to adopt a new logo in
addiƟon to our tradiƟonal South Lake Tahoe
logo. We have added the South Lake Tahoe
“LeƩer scramble” to our duty hats and look forward to adding it to other parts of our uniforms.
Firefighter Blake Sturdivan
63 Engineer Marty Rider
This year South Lake Tahoe Fire Rescue responded to a
handful of traffic collisions requiring extricaƟon and stabilizaƟon.
Engineer Rider aƩended an Auto
ExtricaƟon Course in Arvada Colorado, and was able to bring back some new knowledge and techniques for dealing with the rise of EV vehicles on the road, along
with techniques to improve efficiency of our
standard vehicle extricaƟon incidents.
We added a couple new tools to our apparatus, including the Darley EV plugs, HighliŌ Jacks, Rescue 42 Ripper, and quick stabilizaƟon blocks. All our current tools had there annual tesƟng/service and remain in service.
Our agency hosted a MulƟ Agency Auto ExtricaƟon drill with SLTFR, Lake Valley Fire, and Cal Fire. LN CurƟs Heavy Rescue tech Jeff Gates assisted Engineer Rider with instrucƟon of this drill and brought a lot of knowledge to share with all agencies.
Engineer Rider mentored a STHS Senior project student
with the students emphasis on Auto ExtricaƟon.
64 Engineer Tom Jones, Captain Doug Bailey, and Engineer James Berthinier The firefighters responsible for our SCBA have conƟnued to provide reliable air breathing equipment for the department. Engineer Jones conƟnues to operate, maintain and oversee the SCBA program while growing it to have two addiƟonal technicians.
AddiƟonally, Engineer Jones has been acƟve in researching, wriƟng and applying for SCBA grants to eventually replace the aging SCBA fleet for the
department.
65 South Lake Tahoe Fire has made some significant investments in improving safety and operaƟonal efficiency with the new Seek thermal imaging cameras and upgraded equipment.
The adopƟon of these smaller, more compact thermal imaging cameras is a great advancement, especially since they are now more portable and easier to carry in highpressure situaƟons.
The ability to stay oriented in low-visibility
condiƟons can be a
game-changer, and their applicaƟon in locaƟng trapped
individuals during a fire is crucial for saving lives.
Replacing aging equipment and adding new tools to your
new fire engine has also been part of our commitment to ensuring that our team has the most effecƟve resources
at their disposal. These updates enhance both firefighter safety and the overall effecƟveness of our
emergency response and the level of service
provided to the community.
Firefighter Chris Grasso
66 Engineer Kevin VanKirk
In 2024 we purchased new standpipe kits to help us
be more efficient when these types of emergencies
happen. The kits have the tools and gauges that
allow us to connect to any standpipe and see the
PSI being delivered to our hose lines.
We conƟnued with our annual hose tesƟng through
FireCATT, having no hose go out of service. This is a
testament to our hose replacement program that
ensures we have the safest and most reliable hose
available.
We were also lucky to purchase 8 new HEN nozzles
for our Type-1 crosslays that are the forefront of
firefighƟng technology and replace Ɵred and deterioraƟng combinaƟon nozzles that have served us for 15+years.
Other purchases included equipment for our
newest Brush rig that we took delivery of in
June, as well as miscellaneous appliances
needed to make our compliments more robust.
67 Captain Danny Vallejo and Engineer James Berthinier
SwiŌ Water Rescue:
SLTFR maintains awareness and operaƟons level training in swiŌ water rescue. Training is provided on an annual basis.
Ice Water Rescue:
Each shiŌ completed ice water rescue training
in the early part of the year in 2024. Crews
trained on a mulƟ-agency response with Lake
Valley Fire ProtecƟon District. Crews simulated a
full response to a vicƟm in the ice water and later
discussed tacƟcs and strategies to complete the
rescue.
68 Firefighter Jake Reginato and Firefighter Leo Gebhardt In 2024, SLTFR responded to1,727 EMS
calls for service. Of the 34 line staff of
South Lake Tahoe Rescue 32 hold the
cerƟficaƟon of Paramedic and 2 of EMT.
Throughout the year each member
aƩends 24 hours of conƟnuing educaƟon to maintain a high level of knowledge to stay current with changing
science and pracƟces.
As part of our ongoing commitment to
providing the highest level of care to the
community, South Lake Tahoe Fire Rescue recently implemented Pit Crew CPR as a key iniƟaƟve arising from a comprehensive ConƟnuous Quality Improvement (CQI) review. This innovaƟve approach to performing CPR represents a significant shiŌ in how we manage out-of-hospital cardiac arrests, focusing on teamwork, efficiency, and the highest standards of care. Pit Crew CPR is a team-based, systemaƟc approach to high-performance CPR that mirrors the efficiency and precision of a pit crew during a race. In this model, each member of the response team has a clearly defined role, ensuring that all criƟcal tasks—such as chest compressions, venƟlaƟon, defibrillaƟon, and medicaƟon administraƟon—are carried out simultaneously and with precision.
Another development in SLTFR’s EMS care is the introducƟon of Carter Kits Sensory Bags to help comfort children, especially those on the auƟsm spectrum, during emergencies. These kits contain clinically proven items like noise-canceling headphones, fidget toys, and calming visuals, designed to reduce sensory overload and anxiety. By using these tools, we can beƩer support children who are overwhelmed or impacted by traumaƟc events, offering immediate comfort and focus. This iniƟaƟve enhances our commitment to compassionate care and ensures that we meet the emoƟonal needs of young paƟents during criƟcal incidents.
In 2024, South Lake Tahoe Fire Rescue demonstrated its
unwavering commitment to providing excepƟonal care to
our community through conƟnuous educaƟon, innovaƟve
pracƟces, and a focus on compassionate response. As we
look ahead, we remain dedicated to evolving our care and ensuring that every emergency response is guided by the highest standards.
69 Battalion Chief Justin Keys
Justin Keys has served as the South Lake Tahoe Fire Rescue Training Battalion Chief since his promotion in December of 2023. In
this role Chief Keys is responsible for New Apparatus, Minimum Company Standards, College Liaison, and Fire/EMS Training.
Chief Keys also serves as the Duty Chief for A
Shift and is responsible for the following personnel and their respective staff assignments:
Training Captain - Captain Trent Renner
Apparatus Maintenance - Engineer Holt Cawelti
New Hire Advocate - Engineer James Berthinier
Wildland Preparedness - Captain Mike Taormina and Engineer Dustin Winter Blue Card Command - With Chief Tyler Jack
Hazardous Materials - Firefighter Matt Davis
Hostile MCI - TEMS Captains Danny Vallejo, Trent Renner and Engineer Mike Mileski Health and Fitness - Engineers Dustin Winter and Tom Jones Marine 17 Boat Program - Captain Haven Wilvers and Engineer Holt Cawelti Rope Rescue - Firefighter Jake Reginato
CCRFA - Engineer/ RTO Haven Wilvers
70 Engineer Holt Cawelti
South Lake Tahoe Fire Rescue again had a busy
year regarding apparatus. In March of 2024, two
fire personnel and one technician from fleet services traveled to Boise Idaho to take delivery of a new wildland fire engine.
This new engine enhances SLTFR’s wildland response capabiliƟes by increasing the equipment response from 2 to 3 wildland specific fire engines. This new apparatus boasts a larger cab, enhanced scene and warning lighƟng and was designed with crew comfort and safety in mind. We as firefighters are fortunate to have the conƟnued
support of the Fire Chief and City Officials in obtaining new apparatus and equipment.
Another exciƟng development was the implementaƟon of new Knox Key securing devices installed on our apparatus. Knox Keys are used by firefighters to gain access to homes and businesses within the city that parƟcipate in the program. These keys are now secured requiring
individual PIN access and their use is now able to be electronically tracked using wireless connecƟvity, greatly reducing the possibility of theŌ or loss. A special thanks to fleet services for assisƟng with the installaƟon and Chief Manning for helping with the network connecƟon process.
71 This year SLTFR has hired 1 new
Firefighter Paramedic, making a
total of 6 probaƟonary employees.
2 of those employees, Eric Dunn
and Nick Steffen completed their
probaƟonary process this year.
Each probaƟonary employee has
an advocate from SLTFR that acts
as a liaison to ask quesƟons, receive guidance, and act as a provider to ensure the firefighter’s success. This is accomplished by transiƟoning the probaƟonary firefighter through a series of evaluaƟons and modules at the 3, 6, 9, 12, and 18 month marks.
Throughout the year our crews have worked together
in order to train and familiarize the probaƟonary firefighters with SLTFR performance standards and fireground procedures. SLTFR works hard and takes pride in developing our probaƟonary firefighters for a safe
professional
career in the
fire service.
Engineer James Berthinier and Firefighter Gebhardt
72 Captain Mike Taormina and Engineer Dustin Winter
The 2024 wildland fire season
in California has been a year of
both challenges and successes
for our fire department. Wildfires across the state conƟnued to threaten communiƟes, natural resources, and ecosystems, but thanks to our dedicated
staff and strong interagency
collaboraƟon, we were able to
respond effecƟvely and ensure
the safety of our region.
The heightened wildfire acƟvity in 2024 was
driven by several criƟcal factors, including prolonged
drought condiƟons, high temperatures, and accumulated fuel loads from previous years. The fire season began early, with several significant fires igniƟng in
late spring, and has extended well into the fall. Despite these condiƟons, strategic planning, early resource mobilizaƟon, and a collaboraƟve approach allowed the state to manage mulƟple incidents simultaneously, protecƟng lives and property. As of November 25, 2024, the California wildfire season has been intense, with 7,818 wildfires burning a cumulaƟve
1,044,126 acres.
These numbers are higher than
the five-year average, indicaƟng the growing severity of wildfire seasons. In 2024 alone,
1,680 structures were destroyed, and one person lost
their life to the fires.
73 Our department prioriƟzed training throughout the
year, with members commiƫng hours of rigorous
training to ensure they were prepared for the challenges of the season. The training program included everything from strenuous physical fitness tests to
the simulaƟon of various fire suppression techniques.
This comprehensive training conƟnued even
throughout the summer, with crews fine-tuning
their skills for when the call to acƟon came. During
the season, our department responded to numerous incidents, both large and small. While several fires occurred within our local basin, our crews also assisted in mulƟple large-scale incidents across
the state. Notably, we provided essenƟal resources, including overhead assignments, communicaƟon technicians, strike team leaders, and apparatus—ranging from type 1 engine
requests to OES type 6 apparatus.
Unfortunately, wildfires have become a regular
occurrence in California, and it’s clear that they
will remain a significant threat in the coming
years. As this report is being wriƩen, the southern part of the state is sƟll in summer wildland preparedness mode due to a lack of precipitaƟon, further underscoring the need for conƟnued vigilance and readiness. From 2006 to 2023, California has faced the destrucƟon of 65,557 structures due to wildfires, with 460 separate wildfire incidents resulƟng in structural losses. California has consistently experienced the highest number of
structure losses from wildfires, a trend that shows
no signs of slowing down. As we reflect on the challenges of the 2024 fire season, we recognize that ongoing preparedness, resource mobilizaƟon, and
collaboraƟon will be criƟcal to managing future
wildfire risks. Our department remains commiƩed
to safeguarding our community and responding
effecƟvely to the ever-growing threat of wildfires.
74 Firefighter Matt Davis
The hazmat program facilitates and prepares department members for hazmat response. In addiƟon, the program administrator is responsible for procuring the
necessary equipment and supplies to ensure an effecƟve hazmat emergency response to protect the life, property, and environment within the City. SLTFR has
implemented a HAZMAT spill containment trailer that
was purchased through a grant from the California Department of Fish and Wildlife. With the help of CDFW, SLTFR put on mulƟple trainings for the department and
outside agencies on the use of the trailer and equipment inside.
SLTFR responded to a variety of hazardous material related incidents this year, including many spills and gas leaks. This has facilitated the purchase of new monitors and equipment to help department members safely and effecƟvely miƟgate HAZMAT related incidents within the community. Through training, SLTFR has begun to build new and strengthen old relaƟonships with neighboring agencies and others within the community. This will aid in the preparedness of all parƟes involved. AddiƟonally, spill and leak control supplies were procured to contain and/or miƟgate any hazmat incidents that vary from carbon monoxide to WMD releases. 75 Captain Danny Vallejo, Captain Mike Mileski, Captain Trent Renner The SLTFR TEMS team has conƟnuously had biweekly trainings throughout 2024. The training throughout the year aligned with the NTOA requirements for a SWAT team. We have conƟnued to hone our TCCC skills and become a more versaƟle asset to
the SLTPD SWAT program. We performed trainings
with the SLTPD boat crew,
took part in a four-day
hostage rescue school, as
well as running conƟnuous
medical scenarios for the
team.
76 There are progressive changes in the works for the HosƟle MCI operaƟons for SLTFR. The goal of the department is to move to a protected corridor model and move away from the RTF concept. Training for this new model
is coming soon to SLTFR. We performed some of the new
skills at Barton Memorial Hospital’s annual acƟve shooter drill.
We will be training conƟnuously to ensure that this new model is a good fit for our department and our jurisdicƟon. Changing to the protected corridor model will significantly speed up our response and simplify the chaos.
ConƟnuous conversaƟons with our neighboring agencies will be imperaƟve as we move forward in this process to ensure that all incoming mutual aid resources understand our SOP’s.
Captain Danny Vallejo
77 Engineer Dustin Winter
This year in Health and Fitness we completed our
annual physicals and added an addiƟonal heart
health test by Selectwell. This test is designed to
look for cardiac risk factors based on certain biomarkers and enzyme levels.
Early detecƟon and management of these known
biomarkers and risk factors are vital to cardiac
health in firefighters. South Lake Tahoe Fire Department members conƟnue to improve fitness and health through PT RevoluƟon.
By uƟlizing the facility and knowledge of the PT
RevoluƟon staff, we can maintain and improve our
health and performance. This next year we will be
focusing on minimizing toxic exposures to our staƟon gym faciliƟes and seƫng performance and exercise goals for the department. 78 Captain Haven Wilvers and Engineer Holt Cawelti
South Lake Tahoe Fire's Marine 17 team had another
producƟve year responding to a range of emergencies
on Lake Tahoe. Their efforts included handling mulƟple
propeller strikes, drownings, near-drownings, and missing person reports. AddiƟonally, they provided general assistance to those in need. During the summer
months, the crew focuses on training, including boat
handling, water rescues, paƟent offloading while the boat is in moƟon, and collaboraƟve searches with other agencies.
In a notable development, the team sent one of its members to Washington for a four-day Rescue Swimmer program. The Rapid Entry Rescue Swimmer course, involves 40 hours of intensive, hands-on training in water safety, rescue, survival techniques, and scene management. The program's goal is to equip the team with the necessary skills and knowledge to perform rescues safely and efficiently, ensuring the safety of both responders and the community during the summer months. 79 Firefighter Jake Reginato and Firefighter Chris Grasso At South Lake Tahoe Fire Rescue, we prioriƟze conƟnuous training to maintain proficiency in high-risk, low-frequency events like backcountry and
technical rescues. These complex operaƟons require specialized skills, regular handson training and is essenƟal for ensuring our team is prepared
for any situaƟon, no maƩer
how rare or unpredictable.
This year, we focused on expanding our capabiliƟes through inhouse drills, mulƟ-agency collaboraƟon, and assisƟng with training at the our regional professional fire
academy. These joint exercises have
strengthened our ability to respond
effecƟvely in complex rescues by
fostering teamwork and knowledge
sharing among neighboring agencies.
We also introduced the “Terra Tamer” Ɵtanium wheel for backcountry extricaƟon. This innovaƟve, lightweight tool enhances our ability to safely and efficiently extricate paƟents from challenging, off-road terrain, significantly improving both speed and safety during backcountry operaƟons.
As we move forward, South Lake
Tahoe Fire Rescue remains commiƩed to ongoing training, crossagency partnerships, and the use of advanced tools to ensure we
provide the highest level of service to our community. 80 Our agency responded to 14 wildland incidents in 2024 from Northern and Southern California to Northern Nevada and Oregon. We are proud to be a part of the Master Mutual Aid System and want to respond any Ɵme we are called out of the area. Bingham Fire—Springfield, Oregon—199 Acres—Sept / Oct 2024 Wiley Flat Fire—Ochoco Nat. Forest, Oregon—32,000 Acres -Sept 2024 Thompson Fire—BuƩe County—3,789 Acres—July 2024
Pay Fire—El Dorado County—77 Acres— July 2024
Aero Fire— Calaveras County—5,285 Acres—June 2024
Park Fire—BuƩe, Tehama CounƟes—429,603 Acres—July 2024 Bear Fire— Sierra County—3,323 Acres— September 2024 81 Davis Fire—Reno, NV—5,824 Acres—September 2024
Hill Fire—Humboldt, Trinity CounƟes—7,224 Acres—July 2024 Shelly Fire—Klamath NaƟonal Forest—15,520 Acres—July 2024 Mill Fire—Plumas County—3,007 Acres—July and August 2024 Shoe Fire—Shasta County—5,124 Acres—October 2024
Callahan Fire—Reno, NV— 61 acres— November 2024
Mountain Fire—Ventura County—19,904 Acres—November 2024 82 Dispatcher of the Year 2023
was awarded to
Samantha Williams
For her conƟnued calm and professional demeanor on the radio
Firefighter of the Year 2023
was awarded to
Jake Reginato
For serving our community with
Compassion, Professionalism, and
Honor
83 was presented to
HAVEN WILVERS
“FOR HIS DEDICATION TO THE FIRE ACADEMY AS A REGIONAL TRAINING OFFICER IN 2023”
84 were presented to
2 very brave middle school students
In recognition of their courageous action during a medical emergency at South Tahoe Middle School on Nov 17, 2023
85 We proudly acknowledge the years of fine service provided to the ciƟzens and visitors of our City by the following personnel:
BaƩalion Chief Karl Koeppen—25 Years
ExecuƟve Asst to the Fire Chief—Sallie Ross—20 Years Firefighter Blake Sturdivan —5 Years
Engineer Lance Hubbard—5 Years
Firefighter MaƩ Davis—5 Years
86 Jay Manning was promoted to the
position of Division Chief in August 2024.
Tyler Jack was promoted to the position
of Battalion Chief in September 2024
87 Marty Rider was promoted to the position
of Engineer in November 2024.
Jonathan Szendrey was promoted to the
position of Engineer in September 2024.
Haven Wilvers was promoted to the
position of Captain in December 2024
Mike Mileski was promoted to the position
of Captain in September 2024
88 Wade Norberg was hired in July of 2024
Pictured with his wife Dani
Wade Norberg was born and raised in
South Lake Tahoe.
He graduated from South Tahoe High
School in 2011.
He spent two years at SBCC 2011-2013.
He spent one year at Auburn 2013-2014.
He received his AA from LTCC and completed the fire academy in June 2017.
Wade worked as a crew member at Tahoe
Douglas’s Zephyr crew 2015 and 2016 season.
He was a volunteer at Fallen Leaf Lake FD
2017 and 2018.
AƩended paramedic school at Sac State
2018-2019.
He worked full Ɵme at Dixon Fire Dept
from 2021—2024.
On days off he enjoys biking, fishing, and going to the beach. During winter he enjoys snowboarding at Kirkwood. 89 We celebrated Captain Leslie Asbury’s well-deserved reƟrement this year, aŌer 27 years in the California Fire service. 22 of those years were spent with us here at SLTFR. Captain Asbury was dedicated to the ciƟzens and visitors of South Lake Tahoe through her response to calls for service, and for managing Behavioral Health for Firefighters for many years. We are grateful for her dedicated service and wish her all the best in her reƟrement
years!
90 91
92 93
This document is proudly presented by
South Lake Tahoe Fire Rescue
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All photos provided by SLTFR
and City personnel
94 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: February 25,
2025
Agenda Item #:3
Agenda Item: Grant Application to Parasol Foundation to Purchase Tools for Community Defensible Space Maintenance
Executive Summary: South Lake Tahoe Fire Rescue is seeking approval for the Prevention Bureau to apply for a $2500 grant from the Parasol Foundation to support wildfire preparedness efforts by providing tools for defensible space maintenance. Defensible space is essential for wildfire safety, particularly in South Lake Tahoe, where the city is classified as a "Very High" fire hazard zone per the CAL FIRE Fire Severity Maps adopted by the City. In compliance with California Public Resource Code 4291, property owners must maintain 100 feet of defensible space around structures or up to their property line.
However, many residents--especially renters and low-income households--face challenges in meeting these requirements due to the cost and accessibility of necessary tools. Providing free tools like rakes eliminates one barrier, enabling more residents to participate in wildfire risk reduction. This proposal aligns with CSLT Ordinance 2024-1188, which aims to reduce flammable materials like leaves, pine needles, and pine cones while encouraging compliance with defensible space standards citywide. If the grant is awarded by Parasol, staff is further requesting Council authorization to accept the award.
Requested Action / Suggested Motions: Pass a Resolution authorizing staff to submit an application to the Parasol Foundation for $2,500 to be used for the purchase of tools for community defensible space, and authorizing staff to accept the grant if awarded.
Responsible Staff Member: Kim George, Fire Marshal
Reviewed and Approved By: Jim Drennan, Fire Chief Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Grant Application to Parasol Foundation 02-Resolution - Parasol Grant.docx
95 Council Agenda Report February 25, 2025 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: February 25, 2025
Title: Grant Application to Parasol Foundation to Purchase Tools for Community Defensible Space Maintenance
Location: Citywide
Responsible Staff Member: Kim George, Fire Marshal
Background: South Lake Tahoe Fire Rescue is seeking approval to apply for a $2500 grant from the Parasol Foundation to support wildfire preparedness efforts by providing tools for defensible space maintenance. Defensible space is essential for wildfire safety, particularly in South Lake Tahoe, where the city is classified as a "Very High" fire hazard zone per the adopted CAL FIRE Fire Severity Maps.
In compliance with California Public Resource Code 4291, property owners must maintain 100 feet of defensible space around structures or up to their property line. However, many residents--especially renters and low-income households--face challenges in meeting these requirements due to the cost and accessibility of necessary tools. Providing free tools like rakes eliminates one barrier, enabling more residents to participate in wildfire risk reduction.
This proposal aligns with CSLT Ordinance 2024-1188, which aims to reduce flammable materials like leaves, pine needles, and pinecones while encouraging compliance with defensible space standards citywide.
Issue and Discussion: If approved, the grant funds would be utilized to purchase tools to then be donated and/or loaned out to community members. Items like rakes or smaller hand tools could be donated. They are approximately $20 each for efficient and durable models. Other items such as leaf blowers would be loaned out to residents as needed to clear hazardous vegetation.
These resources will support community members in clearing vegetation and combustible debris, reducing fire risk, and fostering engagement in wildfire prevention.
Financial Implications: Fire Department staff is requesting Council approval to apply for the Parasol Grant in the amount of $2500. If approved staff is further requesting authority to accept the grant into the Fire Prevention budget revenue account #100 02240 33320 and have expenditures appropriated into account #100 02240 46120.
Environmental Considerations: The proposed action is not a project subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).
Policy Implications: Per City Grant Policy, approved by City Council on September 12, 2023, City Council approval is required to accept the awarded grant and appropriate the budget for anticipated revenues and expenditures.
96 Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
February 25, 2025
Grant Application to Parasol Foundation and Authorization for Acceptance of $2500 to Purchase Tools for Community Defensible Space Maintenance
BACKGROUND
A. Staff is seeking authorization for the Fire Marshal to apply for a grant through the Parasol Foundation in the amount of $2500.
B. If awarded the grant monies would be utilized for the purchase of hand tools (rakes and other yard clean-up tools) for donation as well as leaf blowers to be loaned out to city residents.
C. The intent of this grant aligns with City Ordinance 2024-1188 which aims to reduce flammable materials like leaves, pine needles, and pinecones while encouraging compliance with defensible space standards citywide.
D. Provides resources to local residents who may face financial barriers to access these kinds of tools.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Authorize the Fire Marshal to apply for the Parasol Grant in the amount of $2500.
2. Will further authorize the Fire Department to accept the grant if awarded and have the monies appropriated to the Fire Prevention Budget under account # 100 02240 33320 for revenue and #100 02240 46120 for expenditures.
Adopted by the City of South Lake Tahoe City Council on February 25, 2025 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Mayor Tamara Wallace
Attest:
97 _________________________
Susan Blankenship, City Clerk
98 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: February 25,
2025
Agenda Item #:4
Agenda Item:
Ratification of Application for Grant from California Office of Emergency Services for Domestic Violence Programs
Executive Summary: The South Lake Tahoe Police Department and Live Violence Free (LVF) collectively received the 2025 CalOES grant, valued at $203,142, to partially fund responses to domestic violence and sexual assault. Funding is distributed to the Police Department, LVF, the Joint Dispatch Center, and covers administrative costs. CalOES has provided a letter of intent to fund pending approval of this grant.
Requested Action / Suggested Motions:
Pass a Resolution ratifying grant application, execution of grant agreement, and authorizing receipt of grant funds awarded from the California Office of Emergency Services (CalOES) in support of the South Lake Tahoe Police Department and Live Violence Free through the Law Enforcement Specialized Unit Grant for calendar year 2025 in an amount up to $203,142.
Responsible Staff Member: LT Jeff Roberson
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - CalOES Grant.docx
02-Resolution-CalOES Live Violence Free Grant.docx
03-Operational Agreement with Live Violence Free.pdf
04-CalOES Letter of Intent to Fund.pdf
05-Sole Source.pdf
99 Council Agenda Report February 25, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: Feb 25, 2025
Title: Law Enforcement Specialized Unit Grant – Domestic Violence Programs Location: Citywide
Responsible Staff Member: Jeff Roberson, Police Lieutenant Background: Since 2003, the South Lake Tahoe Police Department has worked in partnership with Live Violence Free to supplement the investigation of, and response to domestic violence incidents, advocate for involved parties, educate the community and law enforcement on domestic violence issues, and provide counselling services to victims and perpetrators.
The Law Enforcement Specialized Unit program plays a vital role in the Police Department’s ability to effectively protect victims of domestic violence and prosecute the offenders. Domestic violence continues to be a significant issue in our community and has devastating long-term effects on victims and families.
For 2025, the South Lake Tahoe Police Department will receive a grant from the California Office of Emergency Services in the amount up to $203,142.00. We have received this grant annually since 2017.
This 2025 Law Enforcement Specialized Unit grant will fund $83,897 toward the salary of one SLTPD Detective. The grant award will provide an additional $9,930 to fund overtime expenses for the Joint Dispatch Center for fielding phone calls related to domestic violence. The grant award will also provide $2045 to fund the Principal Management Analyst hours for completing grant related reports.
Live Violence Free will receive funding from this grant for operational support of Domestic Violence and Sexual Assault support personnel, as well as administrative costs in the amount up to $107,270.
The City of South Lake Tahoe would continue to pay salary and benefits for the Domestic Violence Detective as a match to the grant in the amount up to $67,714.
The operational period for this grant is January 1, 2025 through December 31, 2025.
Attached is the Sole Source Justification and the Operational Agreement document between South Lake Tahoe Police Department and Live Violence Free. No physical application is attached to this agenda item as it was submitted through the CalOES Grant Central System; a new application process since 2024.
Issue and Discussion: This item is before the City Council is to ratify the grant application, execute the subrecipient award, and if awarded, authorize acceptance of grant funds from the California Office of Emergency Services (Cal OES) in support of the South Lake Tahoe Police Department / Live Violence Free Law Enforcement Specialized Unit grant for calendar year 2025 in the amount up to $203,142. 100
Council Agenda Report February 25, 2025 Page 2 of 2
Financial Implications: There will be no impact to the General Fund. This is a reimbursement grant that would be administered by the City of South Lake Tahoe. Upon award and funding, the budget will be loaded as follows:
Account # 238 02110
Revenue:
33221 $203,142
Expenses:
41040 $9,930 (Dispatch Overtime)
42010 $107,270 (Live Violence Free Services)
50001 $85,942 (Operating transfer out to General Fund for City of South Lake Tahoe staff, with $83,897 toward the Domestic Violence detective and $2045 towards the Principal Management Analyst staff time hours)
Environmental Considerations: Not a project: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: The approval and receipt of this grant supports Strategic Priority 5.1 Public Safety, Action Item 1) Ensure Police, fire, and snow removal operations receive adequate funding to provide exceptional service to our community.
101
Resolution 2025-XXX February 25, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
February 25, 2025
Ratifying grant application and Authorizing receipt of grant funds from the California Office of Emergency Services (Cal OES) in support of the
South Lake Tahoe Police Department and Live Violence Free through the Law Enforcement Specialized Unit Grant
for the calendar year 2025 in an amount up to $203,142
BACKGROUND
A. The City of South Lake Tahoe and Live Violence Free are committed to maintain the Domestic Violence Response Team (DVRT) in support of victims and families of domestic violence, and
B. The City of South Lake Tahoe in partnership with Live Violence Free has applied for, and been awarded, a grant through the California Office of Emergency Services in the amount up to $203,142 in support of the DVRT program for calendar year 2025, and C. Live Violence Free is the only provider of on call domestic and sexual assault victim advocacy, counseling, and professional services in the area. LVF provides extensive crisis intervention and counseling services that directly benefit the health and well-being of our victims, their families, and community families while working cooperatively with the Police Department to identify those needs.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe hereby:
1. Appoints the Chief of Police, Dave Stevenson, as an authorized signatory of the City of South Lake Tahoe to enter into Grant Subaward Agreement for The Law Enforcement Specialized Unit Grant Subaward LE24035801 and all applicable Grant Subaward Amendments.
2. Recognizes that the Grant Subaward performance period is January 1, 2025 through December 31, 2025.
3. Ratifies the SLTPD/LVF Law Enforcement Specialized Unit grant application.
4. If awarded, Approves and authorizes the grant award, and authorizes the Chief of Police to coordinate with the Finance Department to load the budget as follows:
Account # 238 02110
Revenue Account: 33221 $203,142
Expenses Account: 41040 $ 9,930 (Dispatch / Police Officer Overtime) 102
Resolution 2025-XXX February 25, 2025 Page 2 of 2
42010 $107,270 (Live Violence Free Services)
50001 $ 85,942 (Operating transfer out to General Fund for City of South Lake Tahoe staff
(PD/Finance))
5. Approves the sole source request for Live Violence Free Operating Agreement to provide domestic violence and sexual assault services for an amount not to exceed $107,270.
Adopted by the City of South Lake Tahoe City Council on February 25, 2025 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Tamara Wallace, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signatures certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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GAVIN NEWSOM
GOVERNOR
NANCY WARD
DIRECTOR
3650 SCHRIEVER AVENUE, MATHER, CA 95655
(916) 845-8506 TELEPHONE (916) 845-8511 FAX
www.CalOES.ca.gov
January 23, 2025
David Stevenson DELIVERED VIA E-MAIL: [email protected] Chief of Police
City of South Lake Tahoe
1352 Johnson Boulevard
South Lake Tahoe, CA 96150-8200
Dear Chief Stevenson:
Your proposal has been selected to receive funding through the Law Enforcement Specialized Units Program of the California Governor’s Office of Emergency Services (Cal OES). Provided there are no successful appeals, and pending completion and/or revision of all required application forms, your agency will be awarded the amount of $203,142 for the Grant Subaward performance period beginning January 1, 2025, and ending December 31, 2025 Anna Gastelum will be the Program Specialist assigned to your Grant Subaward and will be contacting you within the next few weeks to assist you in finalizing this process. Additional information can be found in the Subrecipient Handbook on the Cal OES website at www.caloes.ca.gov.
We look forward to the successful implementation of this project. If you have any questions concerning this process, please contact Anna Gastelum at [email protected].
Sincerely,
CINDY BERTA
Chief, Law Enforcement Unit
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: February 25,
2025
Agenda Item #:5
Agenda Item:
Revisions to the Compensation and Benefits Package for Unrepresented Employees Executive Summary: The City of South Lake Tahoe received a letter from CalPERS dated January 10, 2025, indicating that the language included in the City’s Unrepresented Compensation and Benefits Package, specifically in the section on Public Safety Uniform Pay, does not comply with Title 2 of the California Code of Regulations (CCR) Section 571 (definition of special compensation). To meet this regulation, a revision clarifying the Uniform Pay is necessary within the Unrepresented Compensation and Benefits Package. Additionally, during our review, we identified several other sections that need clarity, including Classifications, Implementation of 2023 Class and Comp, Cost of Living Adjustments (COLAs), 457 Matching Contributions, Longevity Incentive Pay, and Paid Time Off (PTO). It is important to note that none of the proposed changes are substantive and will not result in increased compensation or benefits for unrepresented employees.
Requested Action / Suggested Motions: Pass a Resolution approving revisions to the compensation and benefits package for unrepresented employes by updating language in the Public Safety Uniform Pay section to comply with Title 2 of the California Code of Regulations (CCR), Section 571 as required by CalPERS, along with general language improvements.
Responsible Staff Member: Ember Buckman, CGHR-CP, Human Resources Manager.
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Unrepresented Compensation Benefit Package.docx 02-Resolution - Unrepresented Compensation Benefit Package.docx 03 - Compensation and Benefit Package Unrep Employees Clean (EXH A to Reso).pdf 04- Compensation and Benefits Package Unrep Employees Redline 02252025.pdf 107
Council Agenda Report February 25, 2025 Page 1 of 5
City of South Lake Tahoe
Report to City Council
February 25, 2025
Title: Revisions to Compensation and Benefits Package for Unrepresented Employees Location: Citywide
Responsible Staff Member: Ember Buckman CGHR-CP, Human Resources Manager Background: Certain employee groups are not represented by labor unions, including the elected City Clerk. However, their wages, hours, and working conditions are identified in the City’s Compensation and Benefits Package for Unrepresented Employees.
Issue and Discussion: During the City Council Meeting on March 26, 2024, the most recent version of the Compensation and Benefit Package for Unrepresented Employees was presented to the Council for approval. This package included the Public Safety Uniform pay for the Chief of Police and Fire Chief.
The City of South Lake Tahoe received a letter from CalPERS dated January 10, 2025, stating that the Public Safety Uniform Pay language included in the Compensation and Benefits Package for Unrepresented Employees, was not in compliance with Title 2 of the California Code of Regulations (CCR), Section 571(a). A revision to this section of the Compensation and Benefits Package for Unrepresented Employees is needed in order to comply with this provision.
Additionally, during the review of the Compensation and Benefits package for Unrepresented Employees, other areas were identified that required language cleanup, including the following sections: Classifications, Implementation of 2023 Class and Comp, COLA’s, 457 Matching Contributions, Longevity Incentive Pay, and Paid Time Off (PTO). None of the changes are substantive or result in additional compensation or benefits for unrepresented employees.
Summary of Changes:
1. Revise the Classification section to include Data and Innovation Program Manager:
During the City Council Meeting on August 27, 2024, the council approved the 2024/2025 City Budget, which established the Data and Innovation Program Manager classification.
This position is unrepresented and must be incorporated into the Compensation and Benefits package for Unrepresented Employees.
2. Revise the Implementation of 2023 Classification and Compensation Study section to provide clarity, as follows:
Classifications under market median:
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Council Agenda Report February 25, 2025 Page 2 of 5
These classifications require an equity adjustment to bring them to market median. Classifications under market median and market deviation are listed below.
Unrepresented Classification Market Deviation
Assistant City Manager -11.1%
*Chief of Police -9.9%
City Clerk -1.9%
Communications & Prog Spec -7.0%
Director of Public Works -2.6%
*Fire Chief -7.9%
Human Resources Analyst -0.3%
Risk Manager -16.1%
Sustainability Coordinator -12.3%
Fire Marshall -10.3%
Effective October 1, 2023 and upon approval of the unrepresented Compensation and Benefit Package by City Council; equity increases based upon compensation (Base+Cash+Benefits) market median will be implemented as follows:
Year 1: 34% of equity adjustment of September 30, 2023 Salary. Not compounded Year 2: 33% of equity adjustment of September 30, 2023 Salary. Not compounded Year 3: 33% of equity adjustment of September 30, 2023 Salary. Not compounded *Chief of Police and Fire Chief will receive equity adjustment over two years Year 1: 50% of equity adjustment of September 30, 2023 Salary. Not compounded Year 2: 50% of equity adjustment of September 30, 2023 Salary. Not compounded
3. Revise Public Safety Uniform Pay section to Comply with CCR 570(a) as follows:
Public Safety Uniform Pay will be provided to the Police Chief, Fire Chief, Fire Marshal, and Fire Division Chief as provided below:
Chief of Police $1000.00 per year
Fire Chief $900.00 per year
Fire Division Chief $900.00 per year
Fire Marshal $900.00 per year
Personnel are eligible for payment of uniform allowance only after completion of the initial probationary period. Uniform allowance is paid in two lump sum installments in June and December and not prorated at start or end of employment but paid in lump sum on designated dates.
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Council Agenda Report February 25, 2025 Page 3 of 5
4. Revise 457 Matching Contribution section to reflect the eligibility requirement of passing initial probationary period, as follows:
Effective October 1, 2023, Unrepresented Management Team members who pass their initial probationary period may receive up to $3000.00 per year; the City will match the employee's contribution to their 457 investment account on a dollar-for-dollar basis. Effective October 1, 2023, Unrepresented Executive Team members (excluding the City Manager and City Attorney unless specified in their respective contracts) who pass their initial probationary period may receive up to $4000.00 per year. The City will match the employee's contribution to their 457 investment account on a dollar-for-dollar basis.
5. Revise the Longevity Incentive Pay section for clarification as follows:
Unrepresented employees shall be eligible for longevity incentive pay upon the successful completion of ten (10) consecutive years of service in a regular position with the City of South Lake Tahoe. The longevity incentive pay shall be as follows:
Years of Service 10 Years 5% (base pay)
The five percent (5%) Longevity Pay will be included in the base hourly rate when calculating all specialty pays set forth in this Agreement, including:
Acting Pay
Management/Supervision/Profession Incentive Pay
Holiday Pay
PTO (used, sell back or payout)
Calculation of Dollar Value of Sick Leave
Awards Leave (used or payout)
Transition period: As part of the transition from merit pay to longevity pay, all employees who were eligible and receiving merit pay under the terms prior to October 1, 2014 shall be eligible to receive longevity pay under this Section; however, these employees shall not be eligible for an additional increase under this Section upon reaching ten years of City service.
6. Revise the Paid Time Off (PTO) section for clarification as follows:
PAID TIME OFF (PTO)
Unrepresented Management employees PTO shall accrue at the levels below:
Year 1 thru 3 168
Year 4 thru 6 208
Year 7 thru 9 248
Year 10 thru 12 256
Year 13 thru 15 264
Year 16+ 288
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Council Agenda Report February 25, 2025 Page 4 of 5
Unrepresented Executive Management Team employees PTO shall accrue at the levels below:
Year 1 thru 3 224
Year 4 thru 5 264
Year 6 thru 7 272
Year 8 thru 9 280
Year 10+ 304
Initial Transfer of PTO:
All balances in employee's vacation leave bank on upon promotion or transfer into Unrepresented position shall transfer to PTO account. 50% of sick leave balances shall transfer into PTO account. Any amounts remaining in the sick leave balance above 50% shall remain there ("Banked") and be available under one of the following three options for the employee:
1) Paid Out** upon reaching (10 yrs for mgmt/7 yrs Exec Team ) service with the City;
Or
2) Paid Out** upon resigning (10 yrs for mgmt/7 yrs Exec Team ) from he City; Or
3) Left in Sick Leave account and Paid Out** upon retirement; Or
4) May choose to leave the hours in sick leave "banked" account for use after exhausting all hours in Paid-Time-Off account
**for the hours remaining in the sick leave account, "paid out" is defined as deposited into a tax-exempt or on an after-tax basis into an IRS-defined 401a, 457, section 115/HRA or taxable compensation.
Effective October 1, 2023, Unrepresented Management PTO "sell back" shall be capped at 120 hours annually. Unrepresented Executive Management PTO "Sell back" shall be capped at 200 hours annually.
Unrepresented employees can elect to sell back up to the annual maximum allowable PTO hours. In compliance with IRS regulations, employees must make an irrevocable election to receive a cash payment of PTO hours prior to accruing those hours.
Employees must submit an irrevocable election form to Payroll no later than December 31st of the year prior to the year in which the PTO will be accrued and paid out. The City Finance Department will cash out the apportioned hours in the pay period following the accrual of the entire amount of requested hours sold.
PTO "sell back" may only be utilized after taking at least 40 hours of PTO time in a 12 month period preceding PTO "sell back" and is defined as employee's choice to be deposited into a tax-exempt or on an after-tax basis into an IRS defined 401a, 457, section 115/HRA account or taxable compensation.
The City Manager retains the management right to halt "sell back" benefits as described, if the City's General Fund Reserves fall below the City Council's Reserve policy (currently 25% of General Fund Reserves), or upon a financial need as determined by the City Manager. Under standard government, civil code, such limits 111
Council Agenda Report February 25, 2025 Page 5 of 5
do not apply to those retiring or resigning from the City.
Upon retirement from the City of South Lake Tahoe, Unrepresented Management shall be offered the option to be provided the balance in their PTO account as either a taxexempt or an after-tax payment to an HRA, 401a, or 457 account up to the maximum authorized by the IRS or taxable compensation.
Upon retirement from the City of South Lake Tahoe, Unrepresented Executive Management shall be offered the option to be provided the balance in their PTO account as either a tax-exempt or an after-tax payment to an HRA, 401a, or 457 account up to the maximum authorized by the IRS or taxable compensation.
Financial Implications: There is no additional financial Impact.
Environmental Considerations: This action is not a “project” requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment).
Policy Implications: This action is consistent with 2 CCR § 571(a). 112
Resolution 2025-XXX February 25, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
February 25, 2025
Approving Revisions to the Compensation and Benefit Package for Unrepresented Employee Group, including elected City Clerk
BACKGROUND
A. The most recent version of the Unrepresented Employees Compensation and Benefit Package was presented to Council on March 26, 2024.
B. In order to comply with Title 2 of the California Code of Regulations (CCR), Section 571(a), a revision to the Unrepresented Compensation and Benefit package is necessary.
C. Revisions in order to provide clarity and comply with 2 CCR § 571(a) are included in the Unrepresented Employees Compensation and Benefit Package attached.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Approves the modifications to the Unrepresented Employees Compensation and Benefits package, which are incorporated into the Unrepresented Employees Compensation and Benefits Package 2023-2026 (attached hereto as Exhibit A).
2. Authorizes and directs the City Manager to take all steps that are proper and necessary to implement this resolution.
Adopted by the City of South Lake Tahoe City Council on February 25, 2025, by the following vote:
Yes:
No:
Absent:
Abstain:
___________________________ Date:___________
Mayor, Tamara Wallce
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Resolution 2025-XXX February 25, 2025 Page 2 of 2
Attest:
____________________________
Susan Blankenship
City Clerk
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City ofSouth Lake Tahoe Unrepresented
Employee Group Compensation and Benefits
Package October 1, 2023 - September 30, 2026
REVISED February 25, 2025
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TABLE OF CONTENTS
INTRODUCTION.............................................................................................................................................2 CLASSIFICATIONS DESIGNATED UNREPRESENTED EMPLOYEES.................................................................2 SALARY PLAN.................................................................................................................................................2 IMPLEMENTATION OF 2023 CLASSIFICATION AND COMPENSATION STUDY ..............................................2 COLA's. ...........................................................................................................................................................3 STRIKE TEAM RESPONSE (Fire Marshal and Fire Division Chief)................................................................... 3 PUBLIC SAFETY UNIFORM PAY..................................................................................................................... 3 NON-PERSABLE COMPENSATION.. .................................................................................................................4 457 MATCHING CONTRIBUTION. .................................................................................................................... 4 LONGEVITY INCENTIVE PAY PLAN................................................................................................................. 4 EMPLOYEE TRAINING.................................................................................................................................... 5 EMPLOYMENT BENEFITS .............................................................................................................................. 5 PUBLIC EMPLOYEES RETIREMENT SYSTEM .................................................................................................. 6 ADMINISTRATIVE LEAVE................................................................................................................................ 7 HOLIDAYS....................................................................................................................................................... 7 PAID TIME OFF .................................................................................................................................................7 BEREAVEMENT LEAVE ...................................................................................................................................8 MANAGEMENT INCENTIVE PAY .......................................................................................................................8 BILINGUAL PAY. ...............................................................................................................................................9 LAYOFF AND SEVERANCE................................................................................................................................9 PERSONNEL RULES AND REGULATIONS .......................................................................................................10 116
INTRODUCTION
This document is a summary of compensation and benefits which applies to all Unrepresented employees. The terms and conditions of employment for Unrepresented employees not included in this document are contained in individual employment contracts and/or the City of South Lake Tahoe Personnel Rules and Regulations.
The various forms of compensation and benefits provided in this document are the result of the City's recognition that Unrepresented employees should be compensated appropriately for exhibiting accountability, cost effectiveness, technological skills and the ability to make maximum use of personnel, fiscal and other resources to facilitate the provision of city services.
CLASSIFICATIONS DESIGNATED UNREPRESENTED EMPLOYEES
For the purpose of this document, the following positions are consideredUnrepresented Management Unrepresented Executive Employees:
UNREPRESENTED
MANAGEMENT
UNREPRESENTED
EXECUTIVE
Airport Manager Assistant CityManager
Assistant City Attorney Chief of Police *
Communications & Project Specialist City Clerk
Human Resources Manager Director of Development Services Human Resources Analyst Director of Finance
Paralegal Director of Public Works
Risk Manager Fire Chief *
Sustainability Coordinator Parks & Recreation Director
Fire Marshal
Fire Division Chief
Data and Innovation Program Manager
SALARY PLAN
Incremental salary steps within the base salary range, for classifications within the Unrepresented employees management and executive group, shall progress in five steps, from Step 1 through Step 5. Step 1 shall generally be established so that the progression from step 1 to Step 5 occurs in five percent (5%) increments. The City Manager, or designee, shall place newly hired Unrepresented employees at a step within the range for their classification that best reflects the employee's qualifications and job experience.
IMPLEMENTATION OF 2023 CLASSIFICATION AND COMPENSATION STUDY Classifications under market median:
These classifications require an equity adjustment to bring them to market median. Classifications under market median and market deviation are listed below.
Unrepresented Classification Market Deviation
Assistant City Manager -11.1%
*Chief of Police -9.9%
City Clerk -1.9%
Communications & Prog Spec -7.0%
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Director of Public Works -2.6%
*Fire Chief -7.9%
Human Resources Analyst -0.3%
Risk Manager -16.1%
Sustainability Coordinator -12.3%
Fire Marshall -10.3%
Effective October 1, 2023 and upon approval of the unrepresented Compensation and Benefit Package by City Council; equity increases based upon compensation (Base+Cash+Benefits) market median will be implemented as follows:
Year 1: 34% of equity adjustment of September 30, 2023 Salary. Not compounded Year 2: 33% of equity adjustment of September 30, 2023 Salary. Not compounded Year 3: 33% of equity adjustment of September 30, 2023 Salary. Not compounded *Chief of Police and Fire Chief will receive equity adjustment over two years Year 1: 50% of equity adjustment of September 30, 2023 Salary. Not compounded Year 2: 50% of equity adjustment of September 30, 2023 Salary. Not compounded COLAs:
In order to prevent compaction between represented classifications and unrepresented classifications, unrepresented classifications will receive the same COLA package as other classifications:
Year 1: COLA 4.2% Effective 10/1/2023 and upon approval by City Council of Unrepresented Compensation and Benefit Package
Year 2: COLA (1-4%) Based upon the annual as of the month of April SF/Oakland Hayward CPI effective the pay period including October 1, 2024
Year 3: COLA (1-4%) Based upon the annual as of the month of April SF/Oakland Hayward CPI effective the pay period including October 1, 2025
STRIKE TEAM RESPONSE
Strike Team Response: Fire Marshal and Fire Division Chief will be eligible to respond as a single resource on CalOES strike teams with the following provisions. Any assignment will need to be approved in advance by the Fire Chief. The Fire Marshal and the Fire Division Chief will need to be qualified with a position task book for any position requested. This position will be authorized for (2) two-week assignments per season. Any more than 2 strike team responses will need to be evaluated by the Fire Chief based on need and work load. Compensation will be portal to portal from time of deployment until return to the city. Pay will be calculated at straight time as this position is exempt and ineligible for overtime pay.
PUBLIC SAFETY UNIFORM PAY
Public Safety Uniform Pay will be provided to the Police Chief, Fire Chief, Fire Marshal, and Fire Division Chief as provided below:
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Chief of Police $1000.00 per year
Fire Chief $900.00 per year
Fire Division Chief $900.00 per year
Fire Marshal $900.00 per year
Personnel are eligible for payment of uniform allowance as defined in title 2 of the California Code of Regulations section 571(a) as may be amended only after completion of the initial probationary period. Uniform allowance is paid in two lump sum installments in June and December and not prorated at start or end of employment but paid in lump sum on designated dates.
NON-PERSABLE COMPENSATION
Unrepresented Management Team members will receive a contribution of 3.5% of their base salary plus longevity pay into their choice of either non-pensionable 401a or employee-funded 457 IRS defined investment account.
Unrepresented Executive Team members (excluding the City Manager and City Attorney unless specified in their respective contracts) will receive a contribution of 5% of their base salary plus longevity pay into their choice of either non-pensionable 401a or employee-funded 457 IRS defined investment account. 457 MATCHING CONTRIBUTION
Effective October 1, 2023, Unrepresented Management Team members who pass their initial probationary period may receive up to $3000.00 per year; the City willmatch the employee's contribution to their 457 investment account on a dollar-fordollar basis. Effective October 1, 2023, Unrepresented Executive Team members (excluding the City Manager and City Attorney unless specified in their respective contracts) who pass their initial probationary period may receive up to $4000.00 per year. The City willmatch the employee's contribution to their 457 investment account on a dollar-for-dollar basis.
LONGEVITY INCENTIVE PAY
Unrepresented employees shall be eligible for longevity incentive pay upon the successful completion of ten (10) consecutive years of service in a regular position with the City of South Lake Tahoe. The longevity incentive pay shall be as follows:
Years of Service 10 Years 5% (base pay)
The five percent (5%) Longevity Pay will be included in the base hourly rate when calculating all specialty pays set forth in this Agreement, including:
Acting Pay
Management/Supervision/Profession Incentive Pay
Holiday Pay
PTO (used, sell back or payout)
Calculation of Dollar Value of Sick Leave
Awards Leave (used or paid out)
Transition period: As part of the transition from merit pay to longevity pay, all employees who were eligible and receiving merit pay under the terms prior to October 1, 2014 shall be eligible to receive longevity pay under this Section; however, these employees shall not be eligible for an additional increase under this Section upon reaching ten years of City service.
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EMPLOYEE TRAINING
Tuition Reimbursement - in accordance with the City Personnel Rules, the City shall reimburse employees for expenses they have incurred for tuition for job related courses taken after the course is successfully completed and appropriate certification filed with the Personnel Officer, and if prior approval by the department head has been given to participate in the course. However, courses paid for by state or governmental agencies do not apply to this section.
Training Courses -Training programs authorized by the City shall be financed by the City to encourage employee participation. Such compensation is separate and distinct from the compensation offered for the position and classification involved in training. Subject to approval by the Personnel Officer, employees may be authorized to attend training programs during regular hours. Travel to and from such training shall be at City expense; provide, however, that time spent in travel to and from training is not eligible for overtime. When the needs of the City services so require, the appointing authority may direct any employee to attend a meeting or conference as part of the professional training required for the position. In such case, attendance is not mandatory but compensation for meals, lodging, travel, and miscellaneous expenses shall be allowed. No overtime will be paid, however, for the time required to travel to and from such meeting.
EMPLOYMENT BENEFITS
Unrepresented employees will have the ability to participate in the City's benefits. Including, Medical, Dental, Vision, and various other benefits.
Medical Plan: The City's Medical plan for plan years 2024-2026 will be offered through the FRMS JPA. The City of South Lake Tahoe will offer three plans through the FRMS JPA for plan years 2024-2026, as follows:
1) HDHP/HSA - City will contribute 100% of the premium cost for this plan option. If an unrepresented employee elects the HDHP/HSA plan, the City will contribute $2,500.00 for individual coverage and $4,200.00 for Employee + one or Family coverage into an HSA. This contribution will be "front loaded" the first pay period that includes January 1st of each year. 2) PPO 1000 - The City will contribute 100% of the premium for this plan for the FIRST plan year (2024) only.
3) PPO 500 (Buy-up option) - Employees who elect this plan option will pay the difference between the PPO 1000 plan and the PPO 500 plan. For the first plan year (2024) rates are as follows:
Per Pay Period Buy-up Cost PPO 500 ( 2024)
EE = $35.77 $77.51(month)
EE+ 1 = $71.55 $155.02 (month)
EE + Family $93.01 $201.53(month)
*City will make premiums available to employees during open enrollment each year for 2025 & 2026 Contributions for plan Year 2025 and 2026 –
HDHP/HSA - The City agrees to continue contributing 100% of the premium cost for the HDHP/HSA. The City will also maintain the same level of HSA contributions for EE, EE+1 and Family for this plan.
PPO 1000 - The City agrees to absorb up to a 3% rate increase each year for the PPO 1000. Employees will need to pay any rate increase above the 3%.
PPO 500 (Buy-up option) - Employees will pay he difference between the cost of the PPO 1000 which will include up-to a 3% increase, and the cost of the PPO 500.
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Medical Coverage Opt-Out Benefit Arrangement.
Unrepresented Employees who elect to waive and opt out of medical coverage offered by the City because they have provided the City with reasonable written proof of minimum essential coverage (“MEC”) through another source (other than coverage in the individual market, whether or not obtained through Covered America, such as written proof of coverage by a spouse’s employer) are eligible to receive a medical coverage opt-out benefit.
The health medical coverage opt-out benefit shall be paid on a per pay period basis in the form of City’s contributions to these employees’ Health Reimbursement Accounts (“HRAs”). The total annual medical coverage opt-out benefit is:
Employee Only: $115.38 per pay period ($3,000 per year) Employee +1 or Family: $153.85 per pay period ($4,000 per year)
The medical coverage opt-out benefit shall not be considered pensionable compensation. Eligible unrepresented employees, who have elected to receive the medical coverage opt-out benefit and who later have an eligible qualifying event, as defined by the City’s Medical Plan, and choose to enroll in one of the medical benefit options described above, shall no longer be eligible for the City’s contribution to the employees’ HRA accounts.
An employee whose spouse or registered domestic partner is also a City employee and who is eligible for dual coverage may elect to opt out and receive the payments outlined above, while their spouse enrolls in Citysponsored medical coverage.
Dental Plan: The City will provide dental insurance for unrepresented employees and any eligible dependents for plan years 2024, 2025 and 2026. The City Dental Plan will be offered through Standard. Plans are as follows:
Plan A: $100/$300 Deductible—$1,000 Annual Maximum (100% paid by the City) Plan B (Buy-Up Option): $100/$300 Deductible— $1,500 Annual Maximum If Plan B is selected, per pay period contribution rate for plane year 2024 shall be as follows:
Employee Only - $4.82 per pay period
Employee plus 1 - $9.06 per pay period
Employee Plus Family - $14.12 per pay period
*City will make premiums available to employees during open enrollment each year for 2025 & 2026 Vision Plan: The City agrees to continue to provide vision insurance for unrepresented employee and any eligible dependents at no cost to the employee for 2024, 2025, and 2026 Plan Years Life Insurance: The City shall pay the premium for a $50,000 life insurance policy for Unrepresented employees.
Short/Long Term Disability: City Sponsored STD and LTD Plan (the City does not participate in the California State Short Term Disability program.
PUBLIC EMPLOYEES RETIREMENT SYSTEM
On behalf of its unrepresented employees, the City has contracted with the California Public Employees' Retirement System (PERS) for retirement benefits.
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ADMINISTRATIVE LEAVE
Per the Administrative Leave policy unrepresented employees shall receive admin leave at rate determined by the Appointing Authority and shall be based on the operational needs of the position and the department. Admin leave may not be "banked" from year to year.
HOLIDAYS
Paid holidays for Unrepresented employees shall be as follows:
New Year's Day January 1st
Martin Luther King Jr. Day 3rd Monday in January
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day First Monday in September
Indigenous Peoples Day Second Monday in September
Veteran's Day November 11th
Thanksgiving Day Last Thursday in November
Day after Thanksgiving Last Friday in November
Christmas Eve Day December 24th
Christmas Day December 25th
* Holidays which fall on a Saturday shall be observed on the preceding Friday, and holidays which fall on a Sunday shall be observed on the following Monday.
PAID TIME OFF (PTO)
Unrepresented Management employees PTO shall accrue at the levels below:
Year 1 thru 3 168
Year 4 thru 6 208
Year 7 thru 9 248
Year 10 thru 12 256
Year 13 thru 15 264
Year 16+ 288
Unrepresented Executive Management Team employees PTO shall accrue at the levels below:
Year 1 thru 3 224
Year 4 thru 5 264
Year 6 thru 7 272
Year 8 thru 9 280
Year 10+ 304
Initial Transfer of PTO:
All balances in employee's vacation leave bank on upon promotion or transfer into Unrepresented position shall transfer to PTO account. 50% of sick leave balances shall transfer into PTO account. Any amounts remaining in the sick leave balance above 50% shall remain there ("Banked") and be available under one of the following three options for the employee:
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1) Paid Out** upon reaching (10 yrs for mgmt/7 yrs Exec Team ) service with the City; Or
2) Paid Out** upon resigning (10 yrs for mgmt/7 yrs Exec Team ) from he City; Or
3) Left in Sick Leave account and Paid Out** upon retirement; Or
4) May choose to leave the hours in sick leave "banked" account for use after exhausting all hours in Paid- Time-Off account **for the hours remaining in the sick leave account, "paid out" is defined as deposited into a tax-exempt or on an after-tax basis into an IRS-defined 401a, 457, section 115/HRA or taxable compensation.
Effective October 1, 2023, Unrepresented Management PTO "sell back" shall be capped at 120 hours annually. Unrepresented Executive Management PTO "Sell back" shall be capped at 200 hours annually.
Unrepresented employees can elect to sell back up to the annual maximum allowable PTO hours. In compliance with IRS regulations, employees must make an irrevocable election to receive a cash payment of PTO hours prior to accruing those hours. Employees must submit an irrevocable election form to Payroll no later than December 31st of the year prior to the year in which the PTO will be accrued and paid out. The City Finance Department will cash out the apportioned hours in the pay period following the accrual of the entire amount of requested hours sold.
PTO "sell back" may only be utilized after taking at least 40 hours of PTO time in a 12 month period preceding PTO "sell back" and is defined as employee's choice to be deposited into a tax-exempt or on an after-tax basis into an IRS defined 401a, 457, section 115/HRA account or taxable compensation.
The City Manager retains the management right to halt "sell back" benefits as described, if the City's General Fund Reserves fall below the City Council's Reserve policy (currently 25% of General Fund Reserves), or upon a financial need as determined by the City Manager. Under standard government, civil code, such limits do not apply to those retiring or resigning from the City.
Upon retirement from the City of South Lake Tahoe, Unrepresented Management shall be offered the option to be provided the balance in their PTO account as either a tax-exempt or an after-tax payment to an HRA, 401a, or 457 account up to the maximum authorized by the IRS or taxable compensation.
Upon retirement from the City of South Lake Tahoe, Unrepresented Executive Management shall be offered the option to be provided the balance in their PTO account as either a tax-exempt or an after-tax payment to an HRA, 401a, or 457 account up to the maximum authorized by the IRS or taxable compensation.
BEREAVEMENT LEAVE
Unrepresented employees shall be allowed 40 hours paid time off per year for bereavement in the event of the death of one of the following: Parents, step-parents, spouse, registered domestic partner, child or step- child, grandchild, brother, sister, step brother, step sister, current parents-in-law, current sister or brother in law, grandparent, current grandparent-in-law. In no event will an employee be eligible to receive more than a total of 40 hours per calendar year for bereavement leave. Additionally, the City will comply with AB1949 for unpaid leaves and in the event of multiple occurrences in any given calendar year.
MANAGEMENT/SUPERVISION/ PROFESSIONAL INCENTIVE PAY
Unrepresented employees earning a minimum of 64 hours of education/training/licensing (documented and 123
approved by their department head and City Manager), shall receive two percent (2.0%) above the authorized rate of pay contained in the approved salary plan. Any future hours earned must be preapproved by the department head and City Manager.
If education is used to accumulate the hours, courses must have been completed with a grade of “C” or better.
One semester unit is equivalent to 15 hours; one quarter unit is equivalent to 10 hours.
BILINGUAL PAY
The City will pay an additional $150.00 per month to unrepresented employees in this unit who are able to demonstrate Fluency Tier 2 (Speak, Read & Write) capacity in language(s) the City determines are necessary to effectively communicate with the community it serves. The testing will be administered through Human Resources.
A written request for testing must be submitted to Human Resources. If the City determines that the employee is bilingual, the employee will be paid the bilingual differential effective the month in which the request for examination was submitted. All current recipients shall continue to receive current rate of $50.00 per month and must test for either Tier 1 or Tier 2 to receive the increased amounts above following approval of this MOU. The current $50.00 per month will discontinue when an employee qualifies for either Tier 1 or Tier 2 bilingual status.
LAYOFF AND SEVERANCE
Unrepresented employees who have been laid off by action by the City Council shall be eligible for compensation at their base hourly rate, in addition to any other payouts to which the employee is entitled, according to the following schedule:
Years of Service *
More Than Less Than or Equal To Pay Periods of Compensation 1 2 2
2 3 3
3 4 4
4 5 5
5 6 6
6 7 7
7 8 8
8 9 9
9 10 10
10 13
*Year(s) of service means full calendar year(s) from the employee’s date of hire.
Unrepresented employees working less than full time at the time a layoff notice is issued to them shall receive the same proportion of full time compensation as the proportion of pay period they were working at the time the layoff notice was issued.
In addition to the cash compensation in paragraph A above, unrepresented employees laid off by action of the City Council shall continue to receive City health plan coverage for themselves and their families, if their families are enrolled in the City health plan at the time the layoff notice is issued, according to the following schedule:
Years of* Months of Continued
Service Health Plan Coverage**
Less than 1 0
1 but less than 2 1
2 but less than 3 2
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3 but less than 4 3
4 but less than 5 4
5 but less than 6 5
6 or more 6
* Year(s) of service means full calendar year(s) from the employee’s date of hire. ** Part time unrepresented employees will receive the same proportion of city paid health insurance as they are receiving at the time the layoff notice is issued and can continue their health insurance coverage if they continue to pay the same additional premium as they are paying at the time the layoff notice is issued.
Laid off unrepresented employees who become eligible for another employer sponsored health plan shall no longer be eligible for the City paid health plan benefits regardless of the number of months elapsed since the effective date of their layoff and regardless of whether or not they choose to participate in the employer sponsored health plan for which they are eligible.
Unrepresented employees who are rehired by the City during the period for which they have received benefits under paragraph A above shall repay to the City any compensation in excess of the number of pay periods of their layoff. Employees rehired who have maintained their City sponsored health plan during the period of their layoff shall not be subject to any waiting period or any exclusion for preexisting conditions.
PERSONNEL RULES AND REGULATIONS
Unless otherwise specified in this Agreement, Unrepresented employees shall be subject to the City of South Lake Tahoe Personnel Rules and Regulations. Existing Employment Contracts remain in full force and effective. 125
City ofSouth Lake Tahoe Unrepresented
Employee Group Compensation and Benefits
Package October 1, 2023 - September 30, 2026
REVISED March 11, 2024February 25, 2025
126
TABLE OF CONTENTS
INTRODUCTION.............................................................................................................................................2 CLASSIFICATIONS DESIGNATED UNREPRESENTED EMPLOYEES.................................................................2 SALARY PLAN.................................................................................................................................................2 IMPLEMENTATION OF 2023 CLASSIFICATION AND COMPENSATION STUDY ..............................................2 COLA's. ...........................................................................................................................................................3 STRIKE TEAM RESPONSE (Fire Marshal and Fire Division Chief)................................................................... 3 PUBLIC SAFETY UNIFORM PAY..................................................................................................................... 3 NON-PERSABLE COMPENSATION.. ...............................................................................................................34 457 MATCHING CONTRIBUTION. .................................................................................................................... 4 LONGEVITY INCENTIVE PAY PLAN................................................................................................................. 4 EMPLOYEE TRAINING.................................................................................................................................. 45 EMPLOYMENT BENEFITS .............................................................................................................................. 5 PUBLIC EMPLOYEES RETIREMENT SYSTEM .................................................................................................. 6 ADMINISTRATIVE LEAVE...............................................................................................................................67 HOLIDAYS..................................................................................................................................................... 67 PAID TIME OFF .................................................................................................................................................7 BEREAVEMENT LEAVE ...................................................................................................................................8 MANAGEMENT INCENTIVE PAY .......................................................................................................................8 BILINGUAL PAY. .............................................................................................................................................89 LAYOFF AND SEVERANCE..............................................................................................................................89 PERSONNEL RULES AND REGULATIONS .....................................................................................................910 SALARY TABLE AS OF OCTOBER 1, 2023 ………………………………………………….…………………...…..10 127
INTRODUCTION
This document is a summary of compensation and benefits which applies to all Unrepresented employees. The terms and conditions of employment for Unrepresented employees not included in this document are contained in individual employment contracts and/or the City of South Lake Tahoe Personnel Rules and Regulations.
The various forms of compensation and benefits provided in this document are the result of the City's recognition that Unrepresented employees should be compensated appropriately for exhibiting accountability, cost effectiveness, technological skills and the ability to make maximum use of personnel, fiscal and other resources to facilitate the provision of city services.
CLASSIFICATIONS DESIGNATED UNREPRESENTED EMPLOYEES
For the purpose of this document, the following positions are consideredUnrepresented Management Unrepresented Executive Employees:
UNREPRESENTED
MANAGEMENT
UNREPRESENTED
EXECUTIVE
Airport Manager Assistant CityManager
Assistant City Attorney Chief of Police *
Communications & Project Specialist City Clerk
Human Resources Manager Director of Development Services Human Resources Analyst Director of Finance
Paralegal Director of Public Works
Risk Manager Fire Chief *
Sustainability Coordinator Parks & Recreation Director
Fire Marshal
Fire Division Chief
Data and Innovation Program Manager
SALARY PLAN
Incremental salary steps within the base salary range, for classifications within the Unrepresented employees management and executive group, shall progress in five steps, from Step 1 through Step 5. Step 1 shall generally be established so that the progression from step 1 to Step 5 occurs in five percent (5%) increments. The City Manager, or designee, shall place newly hired Unrepresented employees at a step within the range for their classification that best reflects the employee's qualifications and job experience.
IMPLEMENTATION OF 2023 CLASSIFICATION AND COMPENSATION STUDY Classifications under market median:
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These classifications require an equity adjustment to bring them to market median. Classifications under market median and market deviation are listed below.
Unrepresented Classification Market Deviation
Assistant City Manager -11.1%
*Chief of Police -9.9%
City Clerk -1.9%
Communications & Prog Spec -7.0%
Director of Public Works -2.6%
*Fire Chief -7.9%
Human Resources Analyst -0.3%
Risk Manager -16.1%
Sustainability Coordinator -12.3%
Fire Marshall -10.3%
Effective October 1, 2023 or the pay period following City Council Approvaland upon approval of the unrepresented Compensation and Benefit Package, whichever is later by City Council; equity increases based upon compensation (Base+Cash+Benefits) market median will be implemented as follows:
Year 1: 34% of equity adjustment of September 30, 2023 Salary. Not compounded Year 2: 33% of equity adjustment of September 30, 2023 Salary. Not compounded Year 3: 33% of equity adjustment of September 30, 2023 Salary. Not compounded *Chief of Police and Fire Chief will receive equity adjustment over two years Year 1: 50% of equity adjustment of September 30, 2023 Salary. Not compounded Year 2: 50% of equity adjustment of September 30, 2023 Salary. Not compounded COLAs:
In order to prevent compaction between represented classifications and unrepresented classifications, unrepresented classifications will receive the same COLA package as other classifications:
Year 1: COLA 4.2% Effective 10/1/2023 or followingand upon approval by City Council approval of Unrepresented Compensation and Benefit Package
Year 2: COLA (1-4%) Based upon the annual as of the month of April SF/Oakland Hayward CPI effective the pay period including October 1, 2024
Year 3: COLA (1-4%) Based upon the annual as of the month of April SF/Oakland Hayward CPI effective the pay period including October 1, 2025
STRIKE TEAM RESPONSE
Strike Team Response: Fire Marshal and Fire Division Chief will be eligible to respond as a single resource on CalOES strike teams with the following provisions. Any assignment will need to be approved in advance by the Fire Chief. The Fire Marshal and the Fire Division Chief will need to be qualified with a position task book for any position requested. This position will be authorized for (2) two-week assignments per season. Any more than 2 strike team responses will need to be evaluated by the Fire Chief based on need and work load. Compensation will be portal to portal from time of 129
deployment until return to the city. Pay will be calculated at straight time as this position is exempt and ineligible for overtime pay.
PUBLIC SAFETY UNIFORM PAY
Public Safety Uniform Pay will be provided to the Police Chief, Fire Chief, Fire Marshal, and Fire Division Chief shall remain equal to thoseas provided to other public safety personnel.below:
Chief of Police $1000.00 per year
Fire Chief $900.00 per year
Fire Division Chief $900.00 per year
Fire Marshal $900.00 per year
Personnel are eligible for payment of uniform allowance as defined in title 2 of the California Code of Regulations section 571(a) as may be amended only after completion of the initial probationary period. Uniform allowance is paid in two lump sum installments in June and December and not prorated at start or end of employment but paid in lump sum on designated dates.
NON-PERSABLE COMPENSATION
Unrepresented Management Team members will receive a contribution of 3.5% of their base salary plus longevity pay into their choice of either non-pensionable 401a or employee-funded 457 IRS defined investment account.
Unrepresented Executive Team members (excluding the City Manager and City Attorney unless specified in their respective contracts) will receive a contribution of 5% of their base salary plus longevity pay into their choice of either non-pensionable 401a or employee-funded 457 IRS defined investment account. 457 MATCHING CONTRIBUTION
Effective October 1, 2023, Unrepresented Management Team members who pass their initial probationary period may receive up to $3000.00 per year; the City willmatch the employee's contribution to their 457 investment account on a dollar-fordollar basis. Effective October 1, 2023, Unrepresented Executive Team members (excluding the City Manager and City Attorney unless specified in their respective contracts) who pass their initial probationary period may receive up to $4000.00 per year. The City City willmatch the employee's contribution to their 457 investment account on a dollar-fordollar basis.
LONGEVITY INCENTIVE PAY
Unrepresented employees shall be eligible for longevity incentive pay upon the successful completion of ten (10) consecutive years of service in a regular position with the City of South Lake Tahoe. The longevity incentive pay shall be as follows:
Years of Service 10 Years 5% (base pay)
The five percent (5%) Longevity Pay will be included in the base hourly rate when calculating all specialty pays set forth in this Agreement, including:
Acting Pay
Management/Supervision/Profession incentiveIncentive Pay 130
Holiday Pay
Vacation (PTO (used, sell back or payout)
Calculation of Dollar Value of Sick Leave
Awards Leave (used or paid out)
Transition period: As part of the transition from merit pay to longevity pay, all employees who were eligible and receiving merit pay under the terms prior to October 1, 2014 shall be eligible to receive longevity pay under this Section; however, these employees shall not be eligible for an additional increase under this Section upon reaching ten years of City service.
EMPLOYEE TRAINING
Tuition Reimbursement - in accordance with the City Personnel Rules, the City shall reimburse employees for expenses they have incurred for tuition for job related courses taken after the course is successfully completed and appropriate certification filed with the Personnel Officer, and if prior approval by the department head has been given to participate in the course. However, courses paid for by state or governmental agencies do not apply to this section.
Training Courses -Training programs authorized by the City shall be financed by the City to encourage employee participation. Such compensation is separate and distinct from the compensation offered for the position and classification involved in training. Subject to approval by the Personnel Officer, employees may be authorized to attend training programs during regular hours. Travel to and from such training shall be at City expense; provide, however, that time spent in travel to and from training is not eligible for overtime. When the needs of the City services so require, the appointing authority may direct any employee to attend a meeting or conference as part of the professional training required for the position. In such case, attendance is not mandatory but compensation for meals, lodging, travel, and miscellaneous expenses shall be allowed. No overtime will be paid, however, for the time required to travel to and from such meeting.
EMPLOYMENT BENEFITS
Unrepresented employees will have the ability to participate in the City's benefits. Including, Medical, Dental, Vision, and various other benefits.
Medical Plan: The City's Medical plan for plan years 2024-2026 will be offered through the FRMS JPA. The City of South Lake Tahoe will offer three plans through the FRMS JPA for plan years 2024-2026, as follows:
1) HDHP/HSA - City will contribute 100% of the premium cost for this plan option. If an unrepresented employee elects the HDHP/HSA plan, the City will contribute $2,500.00 for individual coverage and $4,200.00 for Employee + one or Family coverage into an HSA. This contribution will be "front loaded" the first pay period that includes January 1st of each year. 2) PPO 1000 - The City will contribute 100% of the premium for this plan for the FIRST plan year (2024) only.
3) PPO 500 (Buy-up option) - Employees who elect this plan option will pay the difference between the PPO 1000 plan and the PPO 500 plan. For the first plan year (2024) rates are as follows:
Per Pay Period Buy-up Cost PPO 500 ( 2024)
EE = $35.77 $77.51(month)
EE+ 1 = $71.55 $155.02 (month)
EE + Family $93.01 $201.53(month)
*City will make premiums available to employees during open enrollment each year for 2025 & 2026 131
Contributions for plan Year 2025 and 2026 –
HDHP/HSA - The City agrees to continue contributing 100% of the premium cost for the HDHP/HSA. The City will also maintain the same level of HSA contributions for EE, EE+1 and Family for this plan.
PPO 1000 - The City agrees to absorb up to a 3% rate increase each year for the PPO 1000. Employees will need to pay any rate increase above the 3%.
PPO 500 (Buy-up option) - Employees will pay he difference between the cost of the PPO 1000 which will include up-to a 3% increase, and the cost of the PPO 500.
Medical Coverage Opt-Out Benefit Arrangement.
Unrepresented Employees who elect to waive and opt out of medical coverage offered by the City because they have provided the City with reasonable written proof of minimum essential coverage (“MEC”) through another source (other than coverage in the individual market, whether or not obtained through Covered America, such as written proof of coverage by a spouse’s employer) are eligible to receive a medical coverage opt-out benefit.
The health medical coverage opt-out benefit shall be paid on a per pay period basis in the form of City’s contributions to these employees’ Health Reimbursement Accounts (“HRAs”). The total annual medical coverage opt-out benefit is:
Employee Only: $115.38 per pay period ($3,000 per year) Employee +1 or Family: $153.85 per pay period ($4,000 per year)
The medical coverage opt-out benefit shall not be considered pensionable compensation. Eligible unrepresented employees, who have elected to receive the medical coverage opt-out benefit and who later have an eligible qualifying event, as defined by the City’s Medical Plan, and choose to enroll in one of the medical benefit options described above, shall no longer be eligible for the City’s contribution to the employees’ HRA accounts.
An employee whose spouse or registered domestic partner is also a City employee and who is eligible for dual coverage may elect to opt out and receive the payments outlined above, while their spouse enrolls in City- sponsored medical coverage.
Dental Plan: The City will provide dental insurance for unrepresented employees and any eligible dependents for plan years 2024, 2025 and 2026. The City Dental Plan will be offered through Standard. Plans are as follows:
Plan A: $100/$300 Deductible—$1,000 Annual Maximum (100% paid by the City) Plan B (Buy-Up Option): $100/$300 Deductible— $1,500 Annual Maximum If Plan B is selected, per pay period contribution rate for plane year 2024 shall be as follows:
Employee Only - $4.82 per pay period
Employee plus 1 - $9.06 per pay period
Employee Plus Family - $14.12 per pay period
*City will make premiums available to employees during open enrollment each year for 2025 & 2026 Vision Plan: The City agrees to continue to provide vision insurance for unrepresented employee and any eligible dependents at no cost to the employee for 2024, 2025, and 2026 Plan Years Life Insurance: The City shall pay the premium for a $50,000 life insurance policy for Unrepresented employees.
Short/Long Term Disability: City Sponsored STD and LTD Plan (the City does not participate in the California State Short TemTerm Disability program.
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PUBLIC EMPLOYEES RETIREMENT SYSTEM
On behalf of its unrepresented employees, the City has contracted with the California Public Employees' Retirement System (PERS) for retirement benefits.
ADMINISTRATIVE LEAVE
Per the Administrative Leave policy unrepresented employees shall receive admin leave at rate determined by the Appointing Authority and shall be based on the operational needs of the position and the department. Admin leave may not be "banked" from year to year.
HOLIDAYS
Paid holidays for Unrepresented employees shall be as follows:
New Year's Day January 1st
Martin Luther King Jr. Day 3rd Monday in January
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day First Monday in September
Indigenous Peoples Day Second Monday in September
Veteran's Day November 11th
Thanksgiving Day Last Thursday in November
Day after Thanksgiving Last Friday in November
Christmas Eve Day December 24th
Christmas Day December 25th
* Holidays which fall on a Saturday shall be observed on the preceding Friday, and holidays which fall on a Sunday shall be observed on the following Monday.
PAID TIME OFF (PTO)
Unrepresented Management employees PTO shall accrue at the levels below:
Year 1 thru 3 168
Year 4 thru 6 208
Year 7 thru 9 248
Year 10 thru 12 256
Year 13 thru 15 264
Year 16+ 288
Unrepresented Executive Management Team employees PTO shall accrue at the levels below:
Year 1 thru 3 224
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Year 4 thru 5 264
Year 6 thru 7 272
Year 8 thru 9 280
Year 10+ 304
Initial Transfer of PTO:
All balances in employee's vacation leave bank on upon promotion or transfer into Unrepresented position shall transfer to PTO account. Sick50% of sick leave balances shall transfer up to a maximum of 260 hours (which is 50% of the total allowable (50% of 520 = 260).into PTO account. Any amounts remaining in the sick leave balance above 26050% shall remain there ("Banked") and be available under one of the following three options for the employee:
1) Paid Out** upon reaching (10 yrs for mgmt/7 yrs Exec Team ) service with the City; Or
2) Paid Out** upon resigning (10 yrs for mgmt/7 yrs Exec Team ) from he City; Or
3) Left in Sick Leave account and Paid Out** upon retirement; Or
4) May choose to leave the hours in sick leave "banked" account for use after exhausting all hours in Paid- Time-Off account **for the hours remaining in the sick leave account, "paid out" is defined as deposited into a tax-exempt IRS or on an aftertax basis into an IRS-defined 401a, 457, section 115/HRA or taxable compensation.
Effective October 1, 2023, Unrepresented Management PTO "sell back" shall be capped at 120 hours annually. Unrepresented Executive Management PTO "Sell back" shall be capped at 200 hours annually.
Unrepresented employees can elect to sell back up to the annual maximum allowable PTO hours up to two times per year. In compliance with IRS regulations, employees must make an irrevocable election to receive a cash payment of PTO hours prior to accruing those hours. Employees must submit an irrevocable election form to Payroll no later than December 31st of the year prior to the year in which the PTO will be accrued and paid out.
The City Finance Department will cash out the apportioned hours in the pay period following the accrual of the entire amount of requested hours sold.
PTO "sell back" may only be utilized after taking at least 40 hours of PTO time in a 12 month period preceding PTO "sell back" and is defined as employee's choice to be deposited into a tax-exempt or on an after-tax basis into an IRS defined 401a, 457, section 115/HRA account or taxable compensation.
The City Manager retains the management right to halt "sell back" benefits as described, if the City's General Fund Reserves fall below the City Council's Reserve policy (currently 25% of General Fund Reserves), or upon a financial need as determined by the City Manager. Under standard government, civil code, such limits do not apply to those retiring or resigning from the City.
Upon retirement from the City of South Lake Tahoe, Unrepresented Management shall be offered the option to be provided the balance in their PTO account as either a tax-exempt or an after-tax payment to an HRA, 401a, or 457 account up to the maximum authorized by the IRS or taxable compensation.
Upon retirement from the City of South Lake Tahoe, Unrepresented Executive Management shall be offered the option to be provided the balance in their PTO account as either a tax-exempt or an after-tax payment to an HRA, 401a, or 457 account up to the maximum authorized by the IRS or taxable compensation. 134
BEREAVEMENT LEAVE
Unrepresented employees shall be allowed 40 hours paid time off per year for bereavement in the event of the death of one of the following: Parents, step-parents, spouse, registered domestic partner, child or step- child, grandchild, brother, sister, step brother, step sister, current parents-in-law, current sister or brother in law, grandparent, current grandparent-in-law. In no event will an employee be eligible to receive more than a total of 40 hours per calendar year for bereavement leave. Additionally, the City will comply with AB1949 for unpaid leaves and in the event of multiple occurrences in any given calendar year.
MANAGEMENT/SUPERVISION/ PROFESSIONAL INCENTIVE PAY
Unrepresented employees earning a minimum of 64 hours of education/training/licensing (documented and approved by their department head and City Manager), shall receive two percent (2.0%) above the authorized rate of pay contained in the approved salary plan. Any future hours earned must be preapproved by the department head and City Manager.
If education is used to accumulate the hours, courses must have been completed with a grade of “C” or better.
One semester unit is equivalent to 15 hours; one quarter unit is equivalent to 10 hours.
BILINGUAL PAY
The City will pay an additional $150.00 per month to unrepresented employees in this unit who are able to demonstrate Fluency Tier 2 (Speak, Read & Write) capacity in language(s) the City determines are necessary to effectively communicate with the community it serves. The testing will be administered through Human Resources.
A written request for testing must be submitted to Human Resources. If the City determines that the employee is bilingual, the employee will be paid the bilingual differential effective the month in which the request for examination was submitted. All current recipients shall continue to receive current rate of $50.00 per month and must test for either Tier 1 or Tier 2 to receive the increased amounts above following approval of this MOU. The current $50.00 per month will discontinue when an employee qualifies for either Tier 1 or Tier 2 bilingual status.
LAYOFF AND SEVERANCE
Unrepresented employees who have been laid off by action by the City Council shall be eligible for compensation at their base hourly rate, in addition to any other payouts to which the employee is entitled, according to the following schedule:
Years of Service *
More Than Less Than or Equal To Pay Periods of Compensation 1 2 2
2 3 3
3 4 4
4 5 5
5 6 6
6 7 7
7 8 8
8 9 9
9 10 10
10 13
*Year(s) of service means full calendar year(s) from the employee’s date of hire.
Unrepresented employees working less than full time at the time a layoff notice is issued to them shall receive the same proportion of full time compensation as the proportion of pay period they were working at the time the layoff notice was issued.
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In addition to the cash compensation in paragraph A above, unrepresented employees laid off by action of the City Council shall continue to receive City health plan coverage for themselves and their families, if their families are enrolled in the City health plan at the time the layoff notice is issued, according to the following schedule:
Years of* Months of Continued
Service Health Plan Coverage**
Less than 1 0
1 but less than 2 1
2 but less than 3 2
3 but less than 4 3
4 but less than 5 4
5 but less than 6 5
6 or more 6
* Year(s) of service means full calendar year(s) from the employee’s date of hire. ** Part time unrepresented employees will receive the same proportion of city paid health insurance as they are receiving at the time the layoff notice is issued and can continue their health insurance coverage if they continue to pay the same additional premium as they are paying at the time the layoff notice is issued.
Laid off unrepresented employees who become eligible for another employer sponsored health plan shall no longer be eligible for the City paid health plan benefits regardless of the number of months elapsed since the effective date of their layoff and regardless of whether or not they choose to participate in the employer sponsored health plan for which they are eligible.
Unrepresented employees who are rehired by the City during the period for which they have received benefits under paragraph A above shall repay to the City any compensation in excess of the number of pay periods of their layoff. Employees rehired who have maintained their City sponsored health plan during the period of their layoff shall not be subject to any waiting period or any exclusion for preexisting conditions.
PERSONNEL RULES AND REGULATIONS
Unless otherwise specified in this Agreement, Unrepresented employees shall be subject to the City of South Lake Tahoe Personnel Rules and Regulations. Existing Employment Contracts remain in full force and effective.
Unrepresented Employee Salary Schedule Effective September 30, 2023 Adopted by Council 03/26/2024
Revised Date 03/26/2024
0010 CITY CLERK 1342 FIRE CHIEF
Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1100/1138/01 47.85932 8,296 1300/1320/01 82.28459 14,263 1100/1138/02 50.24876 8,710 1300/1320/02 86.39883 14,976 1100/1138/03 52.76415 9,146 1300/1320/03 90.71877 15,725 1100/1138/04 55.40095 9,603 1300/1320/04 95.25470 16,511 1100/1138/05 58.17469 10,084 1300/1320/05 100.01743 17,336 1620 CHIEF OF POLICE 2400 PARKS AND RECREATION
DIRECTOR
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Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1300/1362/01 83.05859 14,397 1300/1420/01 73.25557 12,698 1300/1362/02 87.21153 15,117 1300/1420/02 76.91884 13,333 1300/1362/03 91.57211 15,872 1300/1420/03 80.76477 13,999 1300/1362/04 96.15071 16,666 1300/1420/04 84.80314 14,699 1300/1362/05 100.95824 17,499 1300/1420/05 89.04316 15,434 1350 DIRECTOR OF DEVELOPMENT
SERVICES 1240 ASSISTANT CITY ATTORNEY
Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1300/1350/01 73.25563 12,698 1301/1240/01 70.41835 12,206 1300/1350/02 76.91885 13,333 1301/1240/02 73.93926 12,816 1300/1350/03 80.76479 13,999 1301/1240/03 77.63622 13,457 1300/1350/04 84.80314 14,699 1301/1240/04 81.51804 14,130 1300/1350/05 89.04318 15,434 1301/1240/05 85.59392 14,836 1340 DIRECTOR OF FINANCE 1321 ASSISTANT CITY MANAGER
Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1300/1340/01 73.25557 12,698 1301/1321/01 82.13486 14,237 1300/1340/02 76.91884 13,333 1301/1321/02 86.24161 14,949 1300/1340/03 80.76477 13,999 1301/1321/03 90.55369 15,696 1300/1340/04 84.80314 14,699 1301/1321/04 95.08137 16,481 1300/1340/05 89.04316 15,434 1301/1321/05 99.83543 17,305 2120 DIRECTOR OF PUBLIC WORKS 1431 AIRPORT MANAGER
Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1300/1445/01 73.89496 12,808 1401/1493/01 61.22745 10,613 1300/1445/02 77.58970 13,449 1401/1493/02 64.28874 11,143 1300/1445/03 81.46919 14,121 1401/1493/03 67.50330 11,701 1300/1445/04 85.54272 14,827 1401/1493/04 70.87835 12,286 1300/1445/05 89.81978 15,569 1401/1493/05 74.42229 12,900 1454 COMMUNICATIONS &
PROJECT SPECIALIST 1462 RISK MANAGER
Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1401/1454/01 37.06047 6,424 1401/1462/01 44.37863 7,692 1401/1454/02 38.91349 6,745 1401/1462/02 46.59757 8,077 1401/1454/03 40.85917 7,082 1401/1462/03 48.92744 8,481 1401/1454/04 42.90213 7,436 1401/1462/04 51.37383 8,905 1401/1454/05 45.04724 7,808 1401/1462/05 53.94248 9,350 2310 FIRE MARSHALL 6680 PARALEGAL
Index Key Value Hourly Monthly Index Key Value Hourly Monthly 4201/2310/01 61.18029 10,605 1501/6680/01 29.70601 5,149 137
4201/2310/02 64.23933 11,135 1501/6680/02 31.19131 5,406 4201/2310/03 67.45129 11,692 1501/6680/03 32.75070 5,677 4201/2310/04 70.82386 12,276 1501/6680/04 34.38780 5,961 4201/2310/05 74.36498 12,890 1501/6680/05 36.10751 6,259 3750 H.R. ANALYST 3474 SUSTAINABILITY
COORDINATOR
Index Key Value Hourly Monthly Index Key Value Hourly Monthly 1401/1423/01 40.50534 7,021 1501/3474/01 39.19066 6,793 1401/1423/02 42.53061 7,372 1501/3474/02 41.15019 7,133 1401/1423/03 44.65714 7,741 1501/3474/03 43.20767 7,489 1401/1423/04 46.89000 8,128 1501/3474/04 45.36803 7,864 1401/1423/05 49.23450 8,534 1501/3474/05 47.63647 8,257
FIRE DIVISION CHIEF
Index Key Value Hourly Monthly
1401/1444/01 74.3649 12,889
1401/1444/02 78.0831 13,534
1401/1444/03 81.9873 14,211
1401/1444/04 86.0866 14,921
1401/1444/05 90.3910 15,667
1091 HUMAN RESOURCES
MANAGER
Index Key Value Hourly Monthly
1401/1435/01 56.26681 9,753
1401/1435/02 59.07386 10,239
1401/1435/03 62.03188 10,752
1401/1435/04 65.12849 11,289
1401/1435/05 68.38873 11,854
3751 PRINCIPAL H.R. ANALYST
Index Key Value Hourly Monthly
1401/1482/01 50.64011 8,778
1401/1482/02 53.16639 9,216
1401/1482/03 55.82861 9,677
1401/1482/04 58.61554 10,160
1401/1482/05 61.54979 10,669
138
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: February 25,
2025
Agenda Item #:6
Agenda Item: Use of Tahoe Regional Planning Agency Mitigation Funds for Upper Bijou Park Creek Watershed Restoration Project
Executive Summary: The Upper Bijou Park Creek Watershed Restoration Project is a watershed-scale project seeking to address water quality and flooding issues in a phased approach to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850-acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The City is currently focused on the large upper watershed area subject to historic flooding, development impacts in stream environment zones (SEZ), and water quality issues. The upper watershed project includes plans to restore SEZ and floodplain areas, provide drainage solutions to support future active transportation improvements, and include distributed natural treatment systems to reduce sediment and nutrient loads in urban runoff that have the potential to impact Lake Tahoe. One of the projects included in the overall Upper Bijou Park Creek Watershed Restoration Project, the SEZ Enhancement Project (Project), spans from the creek undercrossing of Ski Run Boulevard down to Tamarack Avenue. The Project is located primarily on U.S.
Forest Service (USFS) land between Pioneer Trail and Tamarack Avenue and to the east of Blackwood Road. Since the majority of the Project is on USFS land, Forest Service crews are best fit to construct and maintain the improvements that have been designed by the City’s consultant as part of the Upper Bijou Park Creek Watershed Restoration Project. The USFS applied for a grant opportunity with Sierra Meadows Partnership to fund the USFS’ needs to construct the SEZ Enhancement Project ($400,000) targeted for late 2025 or 2026 season. As a partner in this project, staff suggests that the City complete the Tamarack culvert replacement in City right-of-way, part of the overall Upper Bijou Park Creek Watershed Restoration Project, as a match to the Sierra Meadows Partnership grant opportunity the USFS has engaged in.
Requested Action / Suggested Motions: Pass a Motion authorizing staff to request release of $85,000 of TRPA mitigation funding and pursue construction of the Tamarack culvert as match to the grant between Sierra Meadows Partnership and United States Forest Service.
Responsible Staff Member: Brianna Greenlaw, Associate Civil Engineer Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Tamarack Culvert.docx
02-UBPC SEZ Enhancement Map.pdf
139
Council Agenda Report February 25, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: February 25, 2025
Title: Authorization to Request Release of TRPA Mitigation Funds and Construct Tamarack Culvert as Match to Grant between Sierra Meadows Partnership and USFS, as part of the Upper Bijou Park Creek Watershed Restoration Project Location: Bijou Park Creek Watershed; Tamarack Avenue
Responsible Staff Members: Brianna Greenlaw, Associate Civil Engineer Background: The Upper Bijou Park Creek Watershed Restoration Project is a watershed-scale project seeking to address water quality and flooding issues in a phased approach to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850-acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The City is currently focused on the large upper watershed area subject to historic flooding, development impacts in stream environment zones (SEZ), and water quality issues. The upper watershed project includes plans to restore SEZ and floodplain areas, provide drainage solutions to support future active transportation improvements, and include distributed natural treatment systems to reduce sediment and nutrient loads in urban runoff that have the potential to impact Lake Tahoe.
The Upper Bijou Park Creek Watershed Restoration Project contains nine different projects within the Bijou Park Creek watershed: Rockwood to Blackwood Drainage Improvements, SEZ Enhancement, Shirley to Whole Foods, Bijou School Frontage Drainage Improvements, Aloha Basin, Tamarack Culvert, Needle Peak Localized Treatment, Ski Run Diversion, and Osgood Basin Expansion. Due to funding limitations, each of the projects will likely need to be bid out and constructed as standalone projects. Currently Rockwood to Blackwood Drainage Improvements is fully funded and awarded for construction (Resolution 2024-120). The USFS is planning to construct the SEZ Enhancement Project for the City. All other projects previously listed are currently unfunded.
The SEZ Enhancement Project (Project), one of the projects included in the overall Upper Bijou Park Creek Watershed Restoration Project, spans from the creek undercrossing of Ski Run Boulevard down to Tamarack Avenue. The Project is located primarily on U.S. Forest Service (USFS) land between Pioneer Trail and Tamarack Avenue and to the east of Blackwood Road. The meadow is a functioning SEZ with floodplain areas that provide effective water quality treatment. Channel alterations and cross-valley berms installed many years ago alter the flow and redirect it in areas where the berm has degraded. Eliminating artificial reaches and enhancing and maintaining appropriately sized channels that are hydraulically connected to the floodplain will allow it to function properly and will reduce nuisance flooding at Blackwood Road. The SEZ Enhancement Project will also include a new pedestrian bridge connection across USFS lands at Spruce Avenue/Blackwood Road where the heavily used community access path will have a proper bridge to enable residents to walk to the Bijou Community School from adjacent areas to the west when the creek is flowing at capacity.
The USFS has been a great partner on this project and supported the final design of the overall Upper Bijou Park Creek Watershed Restoration Project and a large portion of the construction of the Rockwood to Blackwood Drainage Improvements Project by providing $1,750,000 in Lake Tahoe Restoration Act grant funds to the City (Resolutions 2021-046 and 2022-066).
140
Council Agenda Report February 25, 2025 Page 2 of 2
Issue and Discussion: The improvements included in the City’s SEZ Enhancement Project include instream channel and habitat improvements that will enhance federal lands managed by the U.S. Forest Service Lake Tahoe Basin Management Unit (LTBMU). Since the majority of the Project is on USFS land, Forest Service crews are best fit to construct and maintain the improvements that have been designed by the City’s consultant as part of the Upper Bijou Park Creek Watershed Restoration Project. The USFS applied for a grant opportunity with Sierra Meadows Partnership to fund the USFS’ needs to construct the SEZ Enhancement Project ($400,000) targeted for late 2025 or 2026 season.
The Tamarack Culvert Project, another project part of the overall Upper Bijou Park Creek Watershed Restoration Project, includes removal and replacement of the existing Tamarack culvert that allows the creek to flow from the SEZ Enhancement Project site under Tamarack Avenue and into the next meadow. This is an old CMP culvert in the City right-of-way that is a critical conveyance of Bijou Park Creek and needs to be replaced by the City. As a partner in this project, staff suggests that the City utilize this culvert replacement work as a match to the Sierra Meadows Partnership grant opportunity the USFS has engaged in.
Financial Implications: The engineer’s estimate for this culvert replacement is approximately $85,000.
Staff will request TRPA to release available Water Quality and/or SEZ mitigation funds to the Upper Bijou Park Creek Watershed Restoration Project at an upcoming TRPA Governing Board meeting to fund this work. After release by the TRPA Governing Board, staff will return to City Council to request the allocation of the funds to the Upper Bijou Park Creek Project for the construction of the Tamarack culvert replacement designed as part of the overall watershed restoration project. No additional funds from City/General Fund are anticipated.
Environmental Considerations: After completing all public noticing and review period required by relevant state laws, the Planning Commission adopted the CEQA Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020 (SCH # 202090564). Addendum No. 1 was completed April 23, 2024 to document minor changes for staging and access, and other minor adjustments to the footprint of the channel improvements and drainage designs. On May 16, 2024, the Planning Commission adopted an addendum to the CEQA Initial Study/Mitigated Negative Declaration for the Project.
Policy Implications: The Project is consistent with City Council Strategic Policies and Goals, specifically:
Action Item 5.3 (Infrastructure and Maintenance) by developing sustainable infrastructure projects, based on the prioritized capital improvement project list. Action Item 5.5 (Fiscal Sustainability, Resiliency & Transparency) by utilizing grant funding to implement this important drainage project.
141
Heavenly Valley Estates Pioneer Trail
Blackwood Rd
Tamarak Ave
Blackwood Rd
Terry Ln
Spruce Ave Ski Run Blvd
Ski Run Blvd
Spruce Ave
Charlesworth Ct
Bowers Ave
Upper Bijou Park Creek
SEZ Enhancement Project
0 100 200 300 400
Feet
Storm Drain Pipe
Open Channel
Project Area
Parcels
Replace Culvert
Path: \\gis\share\Projects\PublicWorks\Engineering\GeneralEngineeringProjects\GeneralEngineeringProjects.aprx | Upper Bijou Park Creek – SEZ Enhancement Project Staff Report | 2/5/2025 Map Extent
142
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: February 25,
2025
Agenda Item #:7
Agenda Item: Investment Portfolio Report - December 31, 2024 Executive Summary: In accordance with the City of South Lake Tahoe Financial Policies and State law, a quarterly investment report is hereby submitted to the members of the City Council. As of December 31, 2024, the City's total cash and investment balances across all funds is $147.7 million.
Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member: Olga Tikhomirova, Director of Finance Reviewed and Approved By: Susan Blankenship, City Clerk Heather Stroud, City Attorney Attachments:
01-Staff Report Investment Report Dec 2024.docx
02-Operations Cash 12 31 2024.pdf
03-Fiscal Agent 12 31 2024.pdf
04-Graph 12 31 2024.pdf
05-Cash December 2024.pdf
143
Council Agenda Report February 25, 2025 Page | 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: February 25, 2025
Title: Investment Portfolio Report as of December 31, 2024 Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance (530) 542-7431 Background: In accordance with the City of South Lake Tahoe Financial Policies and State law a quarterly investment report shall be submitted to the members of the City Council.
Issue and Discussion: The attached report for the period ending December 31, 2024, describes the type of investments, the issuers, the maturity dates, the par value and the market value. Total cash for operations and cash held by fiscal agents is $147,669,613.
Cash available for operations is $104,389,000. This includes Cash in Bank of $18,102,831 with the remaining amount in various investments diversified in accordance with the City’s adopted Investment Policy. The total portfolio yield is 4.26%. Based on this report the City of South Lake Tahoe will be able to meet projected operating expenditures for the next six months.
Cash held by fiscal agents for debt service is $43,280,613. These investments comprise the reserves and other accounts held in trust for debt service, lease financing, and capital projects financed with debt.
Fund Type Total Cash Balance Operations Balance Fiscal Agent Balance Trust and Agency $9,045,042 $2,955,899 $6,089,143
Special Revenue $31,224,313 $31,224,313 -
General Fund $28,014,368 $28,014,368 -
Internal Service $8,436,619 $8,436,619 -
Debt Service $37,283,409 $109,224 $37,174,185
Enterprise $3,846,251 $3,828,966 $17,285
CIP $29,819,611 $29,819,611 -
Grand Total $147,669,613 $104,389,3000 $43,280,613
The attached documents include investment terms that are defined below:
Current yield – The investments annual income (interest or dividends) divided by the current price of the security.
Weighted par – Weighting the price of each bond by the total price of the entire portfolio. Weighted yield – The current yield multiplied by the weighted par, provides the yield of the bonds in the portfolio.
Financial Implications: None.
Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies).
Policy Implications: Consistent with City’s Financial Policies. 144
CITY OF SOUTH LAKE TAHOE
OPERATIONS CASH INVESTMENT PORTFOLIO REPORT
AS OF DECEMBER 31, 2024
INVESTMENT TYPE CUSIP ISSUER PAR VALUE
Local Agency Investment Fund 999-10210 State Treasurer 45,529,619$ 45,512,408$ 4.434% 43.6% 1.9% N/A Federal Home Loan Bank 3130AMCY6 Government Agency 1,000,000$ 952,489$ 1.000% 1.0% 0.0% 5/27/2026Federal Farm Credit Banks 3133ENHA1 Government Agency 1,000,000$ 946,217$ 1.500% 1.0% 0.0% 12/14/2026Federal Home Loan Banks 3130ARD57 Government Agency 1,000,000$ 972,320$ 3.000% 1.0% 0.0% 3/29/2027Federal Farm Credit Banks 3133ENUL2 Government Agency 1,000,000$ 983,699$ 3.110% 1.0% 0.0% 4/13/2026Federal Farm Credit Banks 3133ERFL0 Government Agency 2,000,000$ 2,007,303$ 5.520% 1.9% 0.1% 5/29/2029 Federal Home Loan Banks 3130B3VU4 Government Agency 2,000,000$ 1,997,048$ 5.150% 1.9% 0.1% 11/27/2029Federal Home Loan Banks 3130ASA82 Government Agency 1,000,000$ 999,363$ 4.250% 1.0% 0.0% 6/20/2025 Federal Home Loan Banks 3130ASG52 Government Agency 1,000,000$ 991,154$ 4.100% 1.0% 0.0% 6/30/2027Federal Home Loan Banks 3130B2KZ7 Government Agency 2,000,000$ 1,994,270$ 5.000% 1.9% 0.1% 9/11/2029 Federal Home Loan Banks 3130B23N3 Government Agency 2,000,000$ 1,994,489$ 5.200% 1.9% 0.1% 7/30/2029Fed. Home Ln Mtg Corp 3134HAAY9 Government Agency 2,000,000$ 1,995,961$ 5.000% 1.9% 0.1% 7/24/2029Federal Farm Credit Banks 3133ERNG2 Government Agency 2,000,000$ 2,000,005$ 5.340% 1.9% 0.1% 11/6/2028Federal Home Loan Banks 3130B2CG8 Government Agency 2,000,000$ 1,996,760$ 5.200% 1.9% 0.1% 8/13/2029Federal Home Loan Banks 3130AYHL3 Government Agency 1,000,000$ 992,748$ 4.550% 1.0% 0.0% 1/16/2029 Fed. National Mtg Association 3135GAML2 Government Agency 2,000,000$ 1,994,082$ 5.170% 1.9% 0.1% 1/29/2029 Fed. National Mtg Association 3135GARA1 Government Agency 2,000,000$ 2,000,180$ 5.625% 1.9% 0.1% 4/16/2029Federal Home Loan Bank 3130AYZV1 Government Agency 3,000,000$ 2,995,754$ 5.060% 2.9% 0.1% 2/13/2026Federal Home Loan Banks 3130B04J5 Government Agency 3,000,000$ 2,995,184$ 5.000% 2.9% 0.1% 2/20/2029Federal Home Loan Banks 3130B14Z7 Government Agency 2,500,000$ 2,503,305$ 5.700% 2.4% 0.1% 5/1/2029Federal Home Loan Banks 3130B2S22 Government Agency 4,000,000$ 3,996,742$ 5.000% 3.8% 0.2% 9/11/2029Fed. National Mtg Association 3135GAPV7 Government Agency 1,000,000$ 1,000,759$ 5.300% 1.0% 0.1% 3/5/2027Certificate of Deposit 61768E4V2 Morgan Stanley Private Bk Natl 250,000$ 252,355$ 5.200% 0.2% 0.0% 12/5/2025 Certificate of Deposit 61690DRX8 Morgan Stanley Bk N A 250,000$ 252,355$ 5.200% 0.2% 0.0% 12/5/2025Certificate of Deposit 14042RRT0 Capital One NA 250,000$ 248,789$ 3.100% 0.2% 0.0% 6/2/2025
WEIGHTED
PAR
WEIGHTED
MARKET VALUE CURRENT YIELD YIELD MATURITY DATE
145
1 of 2
CITY OF SOUTH LAKE TAHOE
OPERATIONS CASH INVESTMENT PORTFOLIO REPORT
AS OF DECEMBER 31, 2024
Certificate of Deposit 14042TGK7 Capital One Bank (USA) NA 250,000$ 246,770$ 3.150% 0.2% 0.0% 6/2/2026 Certificate of Deposit 856285N64 State Bank of India 250,000$ 245,910$ 3.300% 0.2% 0.0% 6/1/2027 Bank of America Corp 06055JDS5 Corporate Note 1,000,000$ 999,906$ 5.650% 1.0% 0.1% 3/8/2029 Cash in Bank General & Sweep
999-10100,10108,10112, 10109, 10110, 10212 9,443,226$ 9,443,226$ 0% - 5.026% 10.05% 0.45% N/A Petty Cash 999-10302 6,750$ 6,750$ N/A 0.01% 0.00% N/A
TOTAL 95,729,595$ 95,518,300$ 4.26% (Total Portfolio Yield) The Investment porfolio at December 31, 2024 is in compliance with the Investment Policy of the City of South Lake Tahoe. The City of South Lake Tahoe will be able to meetits projected expenditure requirements for the next six months. Valuation is based upon the State Treasurer's Office LAIF quarterly apportionment rates and US Bank Safekeeping. 146
2 of 2
CITY OF SOUTH LAKE TAHOE INVESTMENT REPORT
CASH AND INVESTMENTS HELD WITH FISCAL AGENTS
AS OF DECEMBER 31, 2024
BOND ISSUE CURRENT MATURITY
ACCOUNT INVESTMENT TYPE ISSUER COST VALUE MARKET VALUE YIELD DATE So Tahoe JPFA Lease Rev Bonds 2023 A Project Fund Dreyfus Gov Sec CM Inst 227 / U.S. Treasury Bill Dreyfus 36,605,594 36,776,927 4.49% N/A to 2/13/2025 Principal Dreyfud Gov Sec MC Inst 227 Dreyfus 1 1 3.85% N/A Lease Revenue Fund Dreyfus Gov Sec CM Inst 227 Dreyfus 5,538 5,538 4.30% N/A Interest Dreyfud Gov Sec MC Inst 227 Dreyfus 2 2 4.57% N/A Cost of Issuance Account Dreyfus Gov Sec CM Inst 227 Dreyfus 31 31 4.30% N/A So Tahoe JPFA Ref Lease Rev Bonds 2016 A Lease Revenue Fund Blackrock Treasury Trust Bank of New York Mellon 1,333 1,333 4.32% N/A Interest Blackrock Treasury Trust Bank of New York Mellon 148 148 4.33% N/A Principal Blackrock Treasury Trust Bank of New York Mellon 2,440 2,440 4.32% N/A Reserve Assured Guaranty Municipal Bank of New York Mellon - 2 0.00% N/A So Tahoe JPFA Parking Rev Bonds 2013 Debt Service Account Blackrock Treasury Trust Bank of New York Mellon 17,285 17,285 0.00% N/ASo Tahoe JPFA Ref Rev Bonds 2014 A, 2015 A, 2017 A Revenue Fund Blackrock Treasury Trust Bank of New York Mellon 4 5 3.48% N/A Interest Blackrock Treasury Trust Bank of New York Mellon 4,358 4,358 4.32% N/A Principal Blackrock Treasury Trust Bank of New York Mellon 6,914 6,914 4.32% N/A Surplus Blackrock Treasury Trust Bank of New York Mellon 4,631 4,631 4.32% N/A So Tahoe JPFA (RPA 1) Reserve Blackrock Treasury Trust Bank of New York Mellon 5,451,370 5,451,370 4.32% N/ASuccessor Agency to the So Tahoe RDA, CFD 2001-1, Refdg Series 2015 Special Tax Blackrock Treasury Trust Bank of New York Mellon 1 1 4.17% N/A Interest Blackrock Treasury Trust Bank of New York Mellon 13,384 13,384 4.32% N/A Principal Blackrock Treasury Trust Bank of New York Mellon 580 580 4.33% N/A Reserve Blackrock Treasury Trust Bank of New York Mellon 606,720 606,720 4.32% N/A Surplus Blackrock Treasury Trust Bank of New York Mellon 1,179 1,179 4.32% N/A City of South Lake Tahoe 2014 Pension Obligation Bonds Interest Blackrock Treasury Trust Bank of New York Mellon 431 431 4.33% N/A Principal Blackrock Treasury Trust Bank of New York Mellon 2,133 2,133 4.32% N/ACity of So Lake Tahoe 2012 COPS, Road Improvmt. Lease Payment Fund First American Govt Obligation Fund/Money Mkt US Bank 15,471 15,471 3.93% N/A Reserve Account First American Govt Obligation Fund/Money Mkt US Bank 369,728 369,728 3.93% N/A TOTAL 43,109,276 43,280,613
Valuation is based upon the valuations contained in the monthly statements provided by the trust departments of the fiscal agents. 147
LAIF
53%
Medium Term
Certificate of Dep
1%
Government Agency
45%
Medium Term
Corporate Notes
1%
City of South Lake Tahoe
Operations Cash Investment Portfolio
Market Value as December 31, 2024
148
CITY OF SOUTH LAKE TAHOE
CASH REPORT
DECEMBER 30, 2024
FUND FUND NAME OPERATIONS CASH FISCAL AGENT TOTAL CASH TOTAL # BALANCE CASH BALANCE BALANCE OPERATIONS FISCAL AGENT CASH BALANCE 100 General Fund 27,065,580.77 $27,065,580.77
102 Measure S - Sales Tax 948,786.83 $948,786.83 $28,014,368 $0 $28,014,368 201 Gas Tax 2105 346,264.29 $346,264.29
207 Snow Removal 208,348.81 $208,348.81
208 Snow Removal - Equipment Replac 1,620,396.46 $1,620,396.46 210 Vehicle Replacement 1,206,407.63 $1,206,407.63
211 Police Vehicle Replacement 389,847.96 $389,847.96
213 Fire Vehicle Replacement 352,558.12 $352,558.12
215 Disaster Relief/Prep (124,401.56) ($124,401.56)
216 Transit Center 142,644.66 $142,644.66
217 Arts Program 3,159.82 $3,159.82
218 VHR Program 350,032.16 $350,032.16
220 Parks and Recreation 13,530,936.84 $13,530,936.84
221 Ice Arena 726.78 $726.78
222 Fire Safety Sales Tax 583,385.90 $583,385.90
223 Cannabis Program 688,207.57 $688,207.57
224 PEG Programming 275,056.44 $275,056.44
229 DUI/Traffic Safety Grant 2,238.00 $2,238.00
230 Local Law Enforcement 0.32 $0.32
231 AB3229 COPS 321,114.67 $321,114.67
232 Safety Sales Tax 135,559.38 $135,559.38
233 Forfeiture - State Fund 40,536.18 $40,536.18
235 Forfeiture - Justice Fund 64,856.34 $64,856.34
236 EMS - JPA 49,413.24 $49,413.24
237 Boat Patrol - Grant 8,019.87 $8,019.87
238 Domestic Violence (DVRT) Grant 24,071.29 $24,071.29 240 Solid Waste AB939 1,053.54 $1,053.54
241 Clean Community 42,853.35 $42,853.35
242 Vehicle Abatement 226,100.25 $226,100.25
243 Nuisance Abatement 217,996.65 $217,996.65
244 Solid Waste JPA 1,052,040.80 $1,052,040.80
245 Storm Water Mgmt/Sweeping 282,017.94 $282,017.94
250 Hsng&ED - Work Force Housing 1,386,474.52 $1,386,474.52 251 Hsng & Ed - Home 1,286,710.43 $1,286,710.43
252 Hsng & Ed - CDBG 130,141.12 $130,141.12
253 Hsng & Ed - Administration 22,317.53 $22,317.53
255 CDBG Program Income Loans 154,823.15 $154,823.15
256 CDBG Economic Development (283,255.57) ($283,255.57) 258 Calhome Loan Repayments 139,409.25 $139,409.25
262 RDA Low Income Housing Fund 285,836.52 $285,836.52
263 TOT Revenue Fund 1,904,951.64 $1,904,951.64
270 General Plan/Community Plan 616,527.64 $616,527.64
271 Building Permit Fees 1,931,387.87 $1,931,387.87
280 Ski Run Business Improvement 4,573.60 $4,573.60
281 Measure S Maintenance Fund 70,628.64 $70,628.64
284 Measure S City Maintenance 465,222.34 $465,222.34
285 Tourism Improvement District (TID) 402,105.47 $402,105.47 290 Settlement Proceeds Sfty Programs 665,015.73 $665,015.73 $31,224,314 $0 $31,224,314 301 City CIP 28,657,409.15 $28,657,409.15
303 City CIP - Reg.Surf.Transp.Progr 209,725.99 $209,725.99 306 Rehab Water Quality Projects 2,696.65 $2,696.65
310 Long term Capital Replacement 245,023.33 $245,023.33 311 Campground Capital Outlay 390,663.67 $390,663.67
320 Housing - CIP Projects 314,092.10 $314,092.10 $29,819,611 $0 $29,819,611 401 City Debt Service 109,223.81 37,174,184.73 $37,283,408.54 $109,224 $37,174,185 $37,283,409 501 Airport 1,365,669.50 $1,365,669.50
510 Parking Management Bellamy 287,082.33 $287,082.33
515 Parking Management Plan 20,263.63 $20,263.63
520 Parking Garage 1,556,930.11 17,285.32 $1,574,215.43 550 Transit - Stage 599,020.83 $599,020.83 $3,828,966 $17,285 $3,846,252 601 Self Insurance - Health, Vision, Den 196,811.90 $196,811.90 602 Self Insurance - Workers Comp 7,372,308.91 $7,372,308.91 604 Payroll 806,243.27 $806,243.27
605 Health Insurance Savings 61,254.57 $61,254.57 $8,436,619 $0 $8,436,619 701 Trust 917.00 $917.00
707 Park Avenue CFD Fund 934,159.17 621,864.00 $1,556,023.17 711 Bijou ECP CFD 168,511.84 $168,511.84
712 Harrison Avenue CFD 235,105.78 $235,105.78
725 RD Obligation Retirement Fund 1,609,217.12 5,467,278.68 $7,076,495.80 751 Special Assessment District 4,572.00 $4,572.00
762 Tahoe Transportation Authority 3,416.00 $3,416.00 $2,955,899 $6,089,143 $9,045,042 Total Cash and Investments $104,388,999.84 $43,280,612.73 $147,669,612.57 $104,389,000 $43,280,613 $147,669,613
SUBTOTAL BY CATEGORY
149
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: February 25,
2025
Agenda Item #:8
Agenda Item: Fiscal Year 2024-25 Quarterly Financial Status Report - Quarter Ending December 2024 Executive Summary: In accordance with the City's Financial Policies, the Finance Department submits reports to City Council on a periodic basis to provide assurance of budget compliance and for informational and comparative purposes. Attachment 2, “FY 2024/25 Quarterly Budget and Financial Status Report for Period Ending December 31, 2024†summarizes operating revenues and operating expenditures (unaudited figures) for the General Fund and Measure S Sales Tax Fund for the year-todate providing an analysis of any significant budget variances.
Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member: Andrew Black, Financial Services Supervisor Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - FY 2024-25 Quarterly Budget.docx
02-FY 2024-25 Qtrly Budget Report Dec 2024.pdf
150
Council Agenda Report- February 25, 2025 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: February 25, 2025
Title: Fiscal Year 2024/25 Quarter End Financial Status Report as of December 2024 Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance, (530) 542-7431; Andrew Black, Financial Services Supervisor, (530) 542-6016
Background: The Finance Department submits quarterly reports to City Council to provide assurance of budget compliance and for informational and comparative purposes throughout the year. Attachment 2, “FY 2024/25 Quarterly Budget and Financial Status Report for Period Ending December 31, 2024” is an unaudited snapshot of year-to-date actual revenues and expenditures for the General Fund for that period.
Issue and Discussion: At the end of December 2024 with 25% of the year complete, primary General Fund actual revenues were at 22.0% of the amended budget, while expenditures were at 16.9% of appropriations. All departmental expenditures were below the total 25.0% threshold allocated to the first quarter of the fiscal year. Measure S Tax revenue, accounted for in a separate general fund, amounted to approximately 8.1% of the adopted budget. See Attachment 2 for further analysis.
Financial Implications: FY 2024/25 actual General Fund revenues exceeded expenditures by $2.3 million through December 2024.This net revenue is partially attributed to the first of two main Property tax installments received, accounting for approximately 57% of the Property tax budget. Property tax is the largest General Fund revenue source in 2024/25 representing 19% of the total primary General Fund budget.
This revenue and expenditure budget analysis does not include the mid-year adjustments for supplemental appropriations that are scheduled to be presented at the City Council meeting on March 11, 2025. Additionally, FY 2023/24 year-end results are being finalized pending audit completion. The audit results will be presented as part of the Annual Comprehensive Financial Report (ACFR) submission to City Council in April 2025.
Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(5) (organizational or administrative activities that will not result in direct or indirect physical changes in the environment).
Policy Implications: Consistent with City’s Financial Policies. 151
2024-25 QUARTERLY FINANCIAL REPORT Page 1 of 2 1st QUARTER ENDING DECEMBER 31, 2024
CITY OF SOUTH LAKE TAHOE
2024-25 QUARTERLY FINANCIAL REPORT
1 ST QUARTER ENDING DECEMBER 31, 2024
This report summarizes the financial position for the City’s primary General Fund and Measure S Sales Tax general fund for Fiscal Year 2024-25 displaying expenditures at the department or program level and revenues by type. It compares actual revenues and expenditures received through December 2024 to the total budget.
Primary General Fund Financial Condition
As of December 31st, with 25% of the year complete, General Fund revenues are at 22.0% of projections and expenditures are at 16.9% of appropriations.
Revenues. The top three revenues,
Property Tax, City Transient Occupancy
Tax (TOT), and Sales Tax generated
62.9% of the total $13.2 million General
Fund revenues collected through
December 31st.
Property Tax and Motor Vehicle
License Fees (MVLF) increased from the
prior fiscal year by 8.0% ($488K) and
6.8% ($100K) respectively, driven by
rising home sale prices and increasing
property value assessments in South
Lake Tahoe.
Transient Occupancy Tax (TOT)
receipts, including TOT from the
Project area, rose by 14.4% or $222K
year over year while Sales Tax and
Measure Q revenue combined was
12.9% or $95K higher than the previous
year’s first quarter actuals. Strong performance in other revenues sources such as interest/dividends revenue and parking/citation fees contributed to overall revenues being $1.2 million higher than the same period last fiscal year.
Expenditures. Out of the actual expenditures totaling $11.0 million through December 31st, approximately $7.8 million or 70.9% was allocated to personnel
expenses, covering 6 payroll periods
which represents 23.1% of the total
payroll periods for the year. Out of the
remaining 29.1% or approximately $3.2
million of actual expenditures, $1.0
million is attributed to transfers-out,
$0.5 million to professional, technical,
and other contract services, $0.8
million to miscellaneous general
expense including taxes and fees, travel
and training, communications etc.,
Revenues by Type
Total Budget
as of
December 31
Actuals
through
December 31
As % of
Budget
Property Tax 11,450,000$ 6,571,465$ 57.4%
Transient Occupancy Tax - City 10,802,562 924,588 8.6%
Transient Occupancy Tax - Project Area 7,550,000 837,790 11.1% Sales Tax 7,264,000 515,300 7.1%
Measure Q 3,900,000 317,597 8.1%
Motor Vehicle License Fees (MVLF) 2,922,000 1,571,266 53.8% Franchise Fees 1,950,000 - 0.0%
Business License Tax 2,015,000 73,272 3.6%
Finance - Other Revenues 2,260,735 724,400 32.0%
General Government 298,126 811 0.3%
Police 2,799,104 515,555 18.4%
Fire 2,769,003 80,509 2.9%
Public Works 949,534 219,324 23.1%
Development Services 1,975,700 727,909 36.8%
Parks and Recreation 1,107,400 75,440 6.8%
Transfers In 113,000 77,000 68.1%
Miscellaneous General Fund 44,000 9,570 21.8%
REVENUES TOTAL 60,170,164$ 13,241,797$ 22.0%
Expenditures by Department
Total Budget
as of
December 31
Actuals
through
December 31
As % of
Budget
General Government 7,473,495$ 978,959$ 13.1%
Finance 3,212,650 694,070 21.6%
Miscellaneous General Fund 13,504,930 1,481,463 11.0%
Police 16,024,823 3,141,629 19.6%
Fire 12,297,401 2,106,502 17.1%
Public Works 5,726,344 1,189,461 20.8%
Development Services 2,052,162 436,087 21.3%
Parks and Recreation 4,629,701 961,164 20.8%
EXPENDITURES TOTAL 64,921,506$ 10,989,335$ 16.9%
152
2024-25 QUARTERLY FINANCIAL REPORT Page 2 of 2 1st QUARTER ENDING DECEMBER 31, 2024 $0.5 million to purchases of tools, parts, software, machinery and equipment, and the remaining $0.4 million to utilities, general supplies, and other miscellaneous expense.
Overall expenditures increased by 12.1%, or $1.2 million compared to the same period last fiscal year. Of this amount, approximately $876K is attributed to higher personnel costs due to Cost of Living Adjustments (COLA) and Year 2 equity increases for applicable classifications as detailed in the Memoranda of Understanding (MOUs) for the City’s six bargaining units and the Compensation and Benefits package for unrepresented employees. Additionally, several new positions added over the last two years and lower number of vacancies in the first quarter of the current fiscal year also contributed to the personnel cost increase compared to the same period last fiscal year. The remaining increase in overall expenditures can be attributed to technical/professional services, machinery/equipment purchases, and software costs. All departments have maintained expenditures below the 25% threshold allocated to the first quarter of the fiscal year. As the year progresses, recognition of remaining budgeted expenditures such as Transfers-out, insurance premiums, and annual payment of CalPERS Unfunded Accrued Liability will impact the percentage of actual expenditures to the total budget.
Measure S Sales Tax General Fund
Measure S, a 1% city-wide sales and use tax, went into effect on April 1, 2021 and is projected to generate $7.8 million for fiscal year 2024/25.
Revenues. The City received Measure S
Sales Tax totaling approximately $0.6
million as of December 31, 2024.
Expenditures. During the adoption of the
FY 2024-25 budget, City Council allocated
a total of $8.0 million of Measure S funds
to various Capital Improvement Projects
such as funding for annual Road
Reconstruction and Fire Station III
rehabilitation.
In addition, several Safety positions are
budgeted to be fully or partially funded by
Measure S including seven firefighter
positions previously funded by the SAFER
grant, Police Lieutenant position, and 50%
of the Fire Marshall position. Other uses
of Measure S revenue include transfers
out for debt service on the emergency
communications system and snow
removal equipment purchase agreement, expanded Snow Removal Operations including Sidewalk Snow Removal, Inhouse Street Repair, funding for the Storm Water Program, and replacement of Streets equipment.
As of December 31st, a total of $0.9 million has been transferred out for these Measure S designated projects and programs.
Measure S Sales Tax Total Budget as of
December 31
Actuals through
December 31
As % of
Budget
REVENUES
Measure S Sales Tax 7,800,000$ 633,045 $ 8.1%
Interest/Dividends Revenue 35,000.00 7,054 20.2%
REVENUES TOTAL 7,835,000$ 640,099$ 8.2%
EXPENDITURES and FINANCING USES
Technical Services 10,000 - 0.0%
Transfer out to/for:
Debt Service - Communication System 554,643 - 0.0%
Debt Service - Snow Removal Equip 602,721 - 0.0%
Fire Marshall position (50%) 144,000 - 0.0%
Fire Station III 500,000 - 0.0%
Police Lieutenant position 320,000 - 0.0%
Road Reconstruction 3,000,000 - 0.0%
Seven (7) Firefighters 1,155,000 - 0.0%
Sidewalk Snow Removal 161,234 - 0.0%
Snow Removal Operations 500,000 500,000 100.0%
Streets - In house repair 630,000 - 0.0%
Storm Water Program 99,352 99,352 100.0%
Vehicle Replacement 350,000 350,000 100.0%
EXPENDITURES TOTAL 8,026,950$ 949,352$ 11.8%
153
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: February 25,
2025
Agenda Item #:9
Agenda Item: 2024-2025 Master Fee Schedule
Executive Summary: The proposed updates to the 2024-2025 Master Fee Schedule incorporate Consumer Price Index adjustments, reflect continuing efforts to promote full cost recovery for certain fees, incorporate market comparisons, and add new fees adopted by City Council over the past year.
The Master Fee Schedule has been thoroughly reviewed by departmental and Finance staff, and seeks to balance the City's cost recovery goals, market conditions, and overall policy considerations. City Council will consider formal adoption of the 2024-2025 Master Fee Schedule at the March 25 regular meeting.
Requested Action / Suggested Motions: Pass a Motion directing staff to make changes, if any, to the 2024-2025 Master Fee Schedule for final adoption March 25, 2025.
Responsible Staff Member: Akemi Nishimura, Accountant I Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud. City Attorney
Attachments:
01-Staff Report - 24/25 Master Fee Schedule.docx
02-Master Fee Schedule 24-25 (Red-Lined).pdf
03-Notice of Public Hearing-Master Fee Schedule.pdf
04-Strengthening Financial Position Policy Feb 2013.pdf 154
Council Agenda Report- February 25, 2025 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: February 25, 2025
Title: 2024-2025 Master Fee Schedule (Public Hearing)
Location: Finance Department
Responsible Staff Member: Akemi Nishimura, Accountant I, (530) 542-6061; Olga Tikhomirova, Director of Finance, (530) 542-7431
Background:
User fees in California are required to conform to the California Constitution (including Proposition 26) and statutory requirements including Government Code Sections 66014 through 66018.5.
User fees imposed to provide specific services, to cover reasonable regulatory costs to issue licenses and permits, or for entrance to or use of city property are generally excluded from the definition of "tax" under Proposition 26. Section 1(e) of article XIIIC of the California Constitution describes these exceptions. One of these exceptions is regarding fees for the use of City property such as the campground. These fees are not limited to cost-recovery and the City can charge whatever the market will bear.
Issue and Discussion:
After a comprehensive user fee study in fiscal year 2014-2015 city staff continues to evaluate the fees and charges annually for appropriateness of the fee structure and the cost of the service provided. The comprehensive Financial Policies previously adopted by Council regarding user fees states:
The City provides certain services to its residents and businesses that are funded in whole or in part by fees that are intended to cover all or a portion of the cost of providing such services. To the extent User Fees do not cover the entire cost of providing such services, the General Fund subsidizes the additional expense. Careful examination of User Fees shall enhance the stability of the General Fund.
…fees shall be adjusted by no less than the amount of the annual change in the Consumer Price Index.
Staff's last CPI update was adopted by the City Council on March 26, 2024. It is fiscally prudent at this time to consider an adjustment of the fees by the CPI change that has occurred since the previously adopted period.
Consistent with the City Council motion passed at the February 19th, 2019 meeting, staff is using the San Francisco-Oakland-Hayward Urban All Items index (formerly the San Francisco-OaklandSan Jose Urban All Items index). This index has been historically utilized to apply an increase to those fees that are not restricted by either local market forces or otherwise dictated by state or local laws and ordinances. The current rate of increase is 2.38%. Excluded from the change are fees that are bound by agreement or are limited by State or City Code. Further consideration for fee changes is as follows:
155
Council Agenda Report- February 25, 2025 Page 2 of 3
Revenue derived from User Fees shall not exceed the cost of providing the overall service
The method of collecting and assessing fees shall be as simple as possible Fee levels shall be sensitive to the market for similar services The cost recovery shall consider the community-wide benefit versus special benefit The cost recovery shall consider the financial benefit to the service user Consideration has been made for Proposition 26 requirements The Master Fee Schedule attached shows the existing fees as well as the proposed fees to be in effect upon adoption by the City Council, or as soon thereafter as practical. Also noted is the dollar amount of the change, which in most cases is minimal.
AREAS OF EXCEPTION TO THE PROPOSED 2.38% INCREASE AND OTHER CHANGES:
Recreation Services: Per recommendations noted in the 2015 City Wide Fee Study, Recreation Facility Rental fees are market-based and the Recreation Program fees are based on the relation between community benefit and subsidy level (level of cost recovery). As such staff decided to reject CPI increase on some programs and accept it in other programs and rentals where fees were below market rate or cost recovery level. Where CPI increase was rejected, the program fees were compared to similar providers in the area such as Kahle Community Center, Carson Valley Swim Center, and Incline Village Parks and Recreation.
Staff accepted CPI increases for Facility and Building Rentals. Per Resolution 2024-128 adopted in November 2024, additional facility rentals and several Adult and Youth Sports Leagues, Pool Party Package, and After School Enrichment Program are added to the current fee schedule. To expand the program offerings, additional classes and their fees are added including Adult Fitness, Float Fit Aquatic Fitness, Parents Night Out, and Adult Cornhole League.
Youth Basketball League and Youth Flag Football League fees are increased more than the CPI increase due to the anticipated cost increase. Multi Child Discount are extended to all youth programs. Late Payment Registration fee is added to create an early bird incentive.
Staff recommended no changes to the Golf Course and Campground fees as these services do not offer any improved amenities, and the fees are currently at market value. Also, Campground is still impacted by the Rec Center Construction Project.
Ice Arena fees are updated according to the rates that the private operator currently charges or intends to charge in 2025.
Development Services: Staff accepted all CPI increases for the current year except the Inclusionary Housing Requirement, which is not subject to the CPI increase per Ordinance 2023- 1180. Per Resolution 2024-131, Demolition Permit fee was established under Building in November 2024 and added to the current fee schedule. The fee is subject to the CPI increase and adjusted for 2025. Permit Technology Fee is increased in conjunction with Finance Department.
Letter of Public Convenience or Necessity (PCN) fee is moved to the Police Department.
Public Works: Staff accepted all CPI increases for the current year except Transportation Permit, which are already comparable to Caltrans and El Dorado County. Staff proposed updating the unit for the Commercial Development/Redevelopment plan review and Condominiumization of Existing Residential Development fees from the fixed amount to an hourly rate to accommodate the various sizes and scopes.
156
Council Agenda Report- February 25, 2025 Page 3 of 3
Fees that are redundant such as Traffic Control Permit, Monitoring Well Permit, Special Event Review, or services no longer offered such as Facility Setup/Takedown and Traffic Control Device Rental and Setup are removed.
Staff proposed to increase surveying/maps fees from minimum one hour to minimum five hours in coordination with El Dorado County, who is the surveyors for the City. Public Works Inspections/ Re-Inspections fee is added for the contractor work that is not performed up to the standard. Its rate was determined in conjunction with the Building Inspection fee rate.
Fire Department: Staff accepted all CPI increases where applicable for the current year.
Police Department: Per Resolution 2024-085, Parking - Bellamy/Transit Way were increased from $1 per 20 minutes to $2 per 20 minutes and reflected in the current fee schedule. Per Resolution 2024-133, a Parking Citation fine for Lakeside Residential Neighborhood No Parking/RPP Area is added. Parking Citation - Kiosk Violations is removed as it is no longer used. Kiosk violations such as "fail to pay" or "kiosk vandalism" are handled by CSOs.
Vacation Home Rental Application fee was added under VHR - Tourist Core for clarity. The fee has been in place for both VHR - Tourist Core and Non-Tourist Core but the line item was missing under VHR - Tourist Core.
Letter of Public Convenience or Necessity (PCN) fee is moved from Planning Division to the Police Department.
Airport: Staff accepted all CPI increases for the current year except Offices, Fuel Flowage Fee, and Hangars. No increase is proposed for those fees as they are already comparable to fair market rates.
City Clerk: Staff accepted all CPI increases for the current year except the Notary Service fee, which is determined by California Government Code Section 8211.
Finance: The passage of Measure B on June 5, 2012 precludes any CPI changes to the tax rate per $1,000 of gross receipts and sets the maximum annual tax of $20,000; therefore, no changes to the Business and Professions Tax Rates were proposed. Business License Technology Fee is increased by $1.00 as the fee was not increased by CPI last year due to rounding.
Financial Implications:
Fees that are less than full cost recovery will be required to be subsidized by other General Fund revenues.
Environmental Considerations: This is not a "project" subject to review under the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(5) (organizational or administrative activities that will not result in direct or indirect physical changes in the environment).
Policy Implications:
Implementation of the recommended fees for Fiscal Year 2023-2024 is consistent with the City's adopted Financial Policies of cost recovery for City provided services where applicable. 157
Adopted Fee Proposed Fee
3/26/2024 2.38%
FACILITY RENTALS
Building Rental:
Gymnasium hourly $69 $2 $71
Meeting Rooms, Recreation Complex hourly $38 $1 $39
Kitchen, Recreation Complex hourly $32 $1 $33
Senior Center Large Multi-Purpose Room hourly $63 $1 $64 Senior Center, Conference Room hourly $45 $1 $46
Senior Center, Arts & Crafts Room hourly $45 $1 $46
Public Shower Adult/discount for senior, disabled, youth each $3/$2 $0 $3/$2 Non-Profit Organizations 25% off base rate 25% discount $0 25% discount Recognized Local Youth Sport Organizations May Have Free Use of Meeting Rooms in the Recreation Complex No Charge No Charge n/a No Charge Facility Rental Setup Fee hourly $43 $0 $43
Single Court Reservation (Adopted 11/19/2024) hourly $20 $0 $20 Double Court Reservation (Adopted 11/19/2024) hourly $40 $0 $40 Mini Mountain Movers Party Package (Adopted 11/19/2024) Session Rental $299 $0 $299 Group Rentals May Be Subject to $500 minimum or $1,500 maximum Security Deposit and/or Cleaning Fees at the Discretion of the City of South Lake Tahoe $500 (Security Deposit) $500 Minimum or $1,500 Maximum $0 $500 Minimum or $1,500 Maximum Group Rentals May Be Subject to a Minimum of $15 Cancellation Fee and Maximum of $50 at the Discretion of City of South Lake Tahoe $15 (Cancellation Fee) $15 Minimum or$50 Maximum $0 $15 Minimum or$50 Maximum Late Payment Penalty Fee 10% of total rental fee due 10% of total rental fee due $0 10% of total rental fee due
Pool Rental (Per Hour):
Swimming Pool Hourly Rental Rate hourly $82 $2 $84
Lifeguard Hourly Rate (Rental) hourly actual cost at fully burdened rate + overhead n/a
actual cost at fully
burdened rate +
overhead
Pool Party Package (Adopted 11/19/2024) Session Rental $199 $0 $199 Group Rentals May Be Subject to a Minimum of $15 Cancellation Fee and Maximum of $50 at the Discretion of City of South Lake Tahoe $15 (Cancellation Fee) $15 Minimum or$50 Maximum $0 $15 Minimum or$50 Maximum Late Payment Penalty Fee 10% of total rental fee due 10% of total rental fee due $0 10% of total rental fee due
Outdoor Park Facility Rentals:
Alcohol Use Permit, City Sanctioned Public/Private Outdoor Facilities each $64 $2 $66 Bijou Park, Kiwanis Picnic Shelter (4 Hours) hourly $169 $4 $173 Bijou Park, Rotary Picnic Shelter (4 Hours) hourly $169 $4 $173 Recreation Complex Group Picnic Areas (4 Hours) hourly $169 $4 $173 Gazebos and Picnic Areas beyond 4 hour minimum rental hourly $45 $1 $46 Mon-Thur $/hr $217 $5 $222
Fri & Sun $/hr $280 $7 $287
Sat $/hr $341 $8 $349
Late Payment Penalty Fee 10% of total rental fee due 10% of total rental fee due $0 10% of total rental fee due
Public Special Event Park Rentals:
Lakeview Commons or Bijou Community Park Special Event Rental, Attendance up to 500 persons day $1,066 $25 $1,091
Lakeview Commons or Bijou Community Park Special Event Rental, Attendance 501- 2,000 persons day $1,332 $32 $1,364
Bijou Bike Park or Skate Park Rental day $248 $6 $254
Disc Golf Course Rental for Tournaments & Special Events (Bijou Park) day $261 $6 $267 Bijou Park Concession (absent lease agreement) day $292 $7 $299 Bijou Community Park Parking Lot Rental daily $103 $2 $105 Community Playfield Parking Lot Rental daily $103 $2 $105 Special Event Vendor Fee Not to Exceed $125 per event Not to Exceed $125 per event $0 Not to Exceed $125 per event
Non-Profit Organizations 25% off base rate 25% discount $0 25% discount Late Payment Penalty Fee 10% of total rental fee due 10% of total rental fee due $0 10% of total rental fee due
Facility Rental Setup Fee hourly $43 $0 $43
Group Rentals May Be Subject to $500 Security Deposit and/or Cleaning Fees at the Discretion of the City of South Lake Tahoe $500 (Security Deposit) $500 $0 $500 Group Rentals May Be Subject to a Minimum of $15 Cancellation Fee and Maximum of $50 at the Discretion of City of South Lake Tahoe $15 (Cancellation Fee) $15 Minimum or$50 Maximum $0 $15 Minimum or$50 Maximum Facility Day Use (Includes Pool, Weight Room, Gym, Ping Pong, Foosball, Traversing Wall):
Adult: 18-54 Year each $6 $0 $6
Youth: 18 Years and Under each $4 $0 $4
Senior 55 Years and Up or Permanent Disability each $5 $0 $5 Daily Day Rate for Medi-Cal, WIC , and Veteran Participants:
Adult: 18 and Over each $3 $0 $3
Youth: 18 Years and Under each $2 $0 $2
Multi-Use Passes:
Adult - 20 Use each $80 $0 $80
Adult - 90 Day each $160 $0 $160
Senior or Permanent Disability - 20 Use each $50 $0 $50 Senior or Permanent Disability - 90 Day each $120 $0 $120 Youth - 20 Use each $45 $0 $45
Youth - 90 Day each $95 $0 $95
$ Change
Recreation Complex
Fee Description Unit
Private Rental: Regan Beach West (Per Hour; 2-Hour Minimum)
DRAFT
158
Facility Day Use (Includes Pool, Weight Room, Gym, Ping Pong, Foosball, Traversing Wall Cont.):
Individual Annual Pass each $225 $0 $225
Family Annual Pass (up to 4 people) each $825 $0 $825
Administrative Fee for replacement of annual passes only each $10 $0 $10 Non-Profit Organizations 25% off base rate 25% discount $0 25% discount Swimming Programs:
H2O Exercise: Adult 18-54 years each $7 $0 $7
H2O Exercise: Senior or Permanent Disability each $6 $0 $6 H2O Exercise: Adult 18-54 years - 10 Use Pass each $50 $0 $50 H2O Exercise: Senior or Perm Disability - 10 Use Pass each $40 $0 $40 H2O Exercise: Individual Annual Pass each $295 $0 $295
Swimming Lessons (Group) 8 Class Session each $49 $0 $49 Swimming Lessons (Group) 6 Class Session each $39 $0 $39 Swimming Lessons (Group) 4 Class Session each $29 $0 $29 Private Lessons (25 minutes) 1 Student each $33 $0 $33
Private Lessons (25 minutes) 2 Students each $44 $0 $44 Private Lessons (25 minutes) 3 Students each $55 $0 $55 Children 3 years and Under Are Free with a Paying Adult for Recreation Swim Only each $0 $0 $0 Master Swim Drop In each $10 $0 $10
Master Swim Session 10 Use Punch Card each $60 $0 $60
Float Fit Aquatics Fitness Class 30 minutes each n/a n/a $10 Float Fit Aquatics Fitness Class 60 minutes each n/a n/a $20 Float Fit Aquatics Fitness Class 90 minutes each n/a n/a $30 Pool Special Events per participant n/a n/a $15
Non-Profit Organizations 25% off base rate 25% discount $0 25% discount Youth and Teens:
Star Camp Care (pre- and post-camp child care, per hour) each $8 $0 $8 Youth Adventure Camps each Fee based on production costs $0 Fee based on production costs
Kid's Summer Day Camp each $35 $0 $35
Kid's Summer Day Camp (Weekly Fee) each $150 $0 $150
Kid's Summer Day Camp Multi-Child Discount 10% off base fee 10% $0 10% Youth Basketball League per season participant $50 $15 $65 Youth Flag Football League per season participant $85 $10 $95 After School Enrichment Program (Adopted 11/19/2024) per session participant $120 $0 $120 Tiny Tots Sports League (Adopted 11/19/2024) per session participant $60 $0 $60 Youth Volleyball League (Adopted 11/19/2024) per season participant $75 $0 $75 Youth Soccer League (Adopted 11/19/2024) per season participant $65 $0 $65 Parents Night Out per participant n/a n/a $40
Multi Child Discount 10% off base fee n/a n/a 10% discount Late Payment Registration for Youth League Play 10% increase to base fee n/a n/a 10% Adult Programs:
Adult Volleyball League Team (Adopted 11/19/2024) per season per team $400 $0 $400 Adult Volleyball League Individual (Adopted 11/19/2024) per season participant $66 $0 $66 Adult Basketball League Team (Adopted 11/19/2024) per season per team $550 $0 $550 Adult Basketball League Individual (Adopted 11/19/2024) per season participant $75 $0 $75 Adult Cornhole League Individual per season participant n/a n/a $30 Adult Cornhole One Day Event per participant n/a n/a $10 Late Payment Registration for Adult League Play 10% increase to base fee n/a n/a 10% Adult Fitness Classes 30 minutes each n/a n/a $10
Adult Fitness Classes 60 minutes each n/a n/a $15
Adult Fitness Classes 90 minutes each n/a n/a $20
Adopted Fee Proposed Fee
3/26/2024 2.38%
9 Hole each $20 $0 $20
Senior each $18 $0 $18
9 Hole Youth (14 and under, fee valid after 12 pm daily) each $11 $0 $11 9 Hole Family (1 adult & 1 youth (14 and under), after 12pm daily) each $24 $0 $24 Add 9 Holes each $13 $0 $13
Twilight each $17 $0 $17
Cart Rental each $5 $0 $5
Club Rental each $17 $0 $17
Passes:
20 Use each $280 $0 $280
10 Use each $155 $0 $155
10 Use Twilight (after 3 pm) each $130 $0 $130
10 Use Senior each $140 $0 $140
10 Use Family (1 Adult & 1 Youth (14 and under) after 12 pm daily) each $180 $0 $180 10 Use Youth (14 and under, valid after 12 pm daily) each $85 $0 $85 Individual Season Pass (no restrictions) each $450 $0 $450 Administrative Fee for replacement of annual passes only each $10 $0 $10 Bijou Golf Course use in partnership with Boys and Girls Club No Charge No Charge $0 No Charge Recreation Complex (Cont.)
Golf Course
Fee Description Unit $ Change
DRAFT
159
Adopted Fee Proposed Fee
3/26/2024 2.38%
Campground Site Fee - No hook up, up to 6 people and 1 car (includes $10 infrastructure fee) per day $45 $0 $45
Standard Cabin (includes $10 infrastructure fee) per day $90 $0 $90 Reservation Fee (non-refundable) each $10 $0 $10
Cancellation Fee (Inside 30 days from arrival date) One night rental fee $50 $0 $50 Cancellation Fee (Outside 30 days of arrival date) each $10 $0 $10 Dump Fee (charged to campers not staying in our campground) each $15 $0 $15 Extra person each $6 $0 $6
Visitor Day Use each $5 $0 $5
Pets each $2 $0 $2
Extra Vehicle (no holding tanks) each $6 $0 $6
Motorcycles and Electric Scooters each $3 $0 $3
Late Checkout Fees per site $10 $0 $10
Adopted Fee Proposed Fee
3/26/2024 2.38%
Day Use per day $17 $0 $17
Annual Pass each $138 $0 $138
Adopted Fee Proposed Fee
3/26/2024 2.38%
ICE ARENA:
Learn to Play n/a Free $0 Free
Morning School Skate n/a Free $0 Free
School Skate Week (PE program) n/a Free $0 Free
Military Discount (Served In combat area) n/a Free $0 Free Wounded Warriors (military event) n/a Free $0 Free
Charity Events (i.e. St. Baldrick's), fees subject to review n/a Ice free all day $0 Ice free all day Ice Sheet Rental See schedule for rates by time per hour $491 $0 $491 Party Room Full (hourly - 1 hour minimum) per hour $125 $0 $125 SKATING PROGRAMS:
Public Skate: 11 years & up per person $20 $0 $20
Public Skate: Adult 18-54 years - varies per person $20 $0 $20 Public Skate: Youth (10 & under) per person n/a n/a $10 Public Skate: Youth (between 5-18 years) - varies per person $20 $0 $20 Public Skate: Child (3 & under) per person n/a n/a Free Public Skate: Child 5 & under - varies per person $10 $0 $10 Public Skate: Senior 55 & up - varies per person $7 $0 $7 Blue Card (available to frequent users/members) each n/a n/a n/a Skate Rental each n/a n/a n/a
Free Style - Drop - In each $15 $0 $15
Hockey - Drop - In per person $20 $0 $20
Hockey League: Adult 18-54 years, 10 games each $250 $0 $250 Hockey League: Single Game each $25 $0 $25
Hockey League: Youth each $113 $0 $113
SKATING LESSONS:
Skate/Hockey School: per lesson per lesson $20 $0 $20
Private Skate lessons (1 student, 2 student, 3 or more) per lesson Varies by instructor n/a Varies by instructor City Sponsored Ice Programs:
Partnerships with City recreation programs fee determined by program type and need
Fee determined by program type and
need n/a
Fee determined by
program type and
need
Facility Rentals (various use agreements):
Year Round Rentals for Rec Programs/Rec Center typically billed monthly Refer to contract Refer to contract n/a Refer to contract Campground
Fee Description Unit $ Change
$ Change
$ Change
**The listed Ice Arena Fees represent the maximum allowable charges.
Ice Arena**
Fee Description Unit
*The Division of Boating and Waterways currently limits these fees to $17 for Day Use and $138 for an Annual Pass.
Fee Description Unit
Boat Ramp*
DRAFT
160
Adopted Fee Proposed Fee
3/26/2024 2.38%
Building Permit & Inspection:
Building Permit Fee (25% plan review deposit due with application) Valuation shall be determined at the discretion of the Building Official utilizing the most current square foot valuation based on the proposed use and type of construction as published by the International Code Council or construction contract value submitted by the applicant
% of valuation 2% of valuation - $257 minimum $6 2% of valuation - $263 minimum
Administrative Processing per hour/ 1 hr min. $125 $3 $128 Active Building Permit Extension each $187 $4 $191
Building Plan Review Extension each $187 $4 $191
Building Plan Review per hour / 1 hr min. $125 $3 $128
Stop Work Notice of Violation each $418 $10 $428
Stop Work/Red Tag Permit Fee each 2x the Building Permit Fee n/a 2x the Building Permit Fee
Special Building Inspections
per hour / 1 hr. min. regular working
hours
per hour / 3 hr. min. outside of
regular working hours
$173 $4 $177
Building Inspection/Reinspection Fee each $173 $4 $177
Document Printing & Copying per page $0.10 $0 $0.10
Permit Technology Fee each permit $12 $1 $13
Illegal Unit Review each $1,081 $26 $1,107
Admin Fee for Cost of Collection on Liens, Nuisance, etc. % of collection costs % of collection costs n/a 25% Temporary Certificate of Occupancy Application each $173 $4 $177 Demolition Permit (Adopted 11/19/2024) each $430 $10 $440 Fire Sprinkler Fees and Inspections:
Residential Suppression Sys 1-50 hds per inspection $242 $6 $248 Residential Suppression Sys 50+ hds per inspection $590 $14 $604 Residential Fire Plan Review hourly $125 $3 $128
General Plan/Community Plan/Area Plan Maint. Fee each $1.12 per $1,000 valuation $0.03 $1.15 per $1,000 valuation
Vacation Home Rental Fees:
Vacation Home Rental Permit Inspection Fee each $173 $4 $177 Vacation Home Rental Permit Re-Inspection Fee each $102 $2 $104 Adopted Fee Proposed Fee
3/26/2024 2.38%
Loan Subordination Fee each $2,111 $50 $2,161
Multi-Family Dwelling Inspection Fee each unit $102 $2 $104 Single Room Occupancy Inspection Fee each unit $102 $2 $104 Reinspection Service per hour / 1 hr. min. $173 $4 $177 Substandard Condition Inspection each $641 $15 $656
Adopted Fee Proposed Fee
3/26/2024 2.38%
Allocations:
Deposit - Building Permit per application $1,000 $0 $1,000 Residential Permit Processing per living unit $766 $18 $784 Single-Family Allocation Acceptance per allocation
Under 2,000 sq. ft. $0 $0 $0
2,001-2,500 sq. ft. $2,052 $49 $2,101
2,501-3,000 sq. ft. $5,131 $122 $5,253
3,001-5,000 sq. ft. $10,262 $244 $10,506
>/=5,001 sq. ft. $15,393 $366 $15,759
Inclusionary Housing Requirement each nonexempt unit
Under 2,000 sq. ft. exempt exempt
2,001-2,500 sq. ft. $5.29/Sq. Ft. $0 $5.29/Sq. Ft.
2,501-3,000 sq. ft. $5.84/Sq. Ft. $0 $5.84/Sq. Ft.
3,001-5,000 sq. ft. $16.77/Sq. Ft. $0 $16.77/Sq. Ft.
>/=5,001 sq. ft. $17.65/Sq. Ft. $0 $17.65/Sq. Ft.
$ Change
$ Change
$ Change
Development Services - Planning
Fee Description Unit
Development Services - Building
Fee Description Unit
Fee Description Unit
Development Services - Housing
DRAFT
161
Adopted Fee Proposed Fee
3/26/2024 2.38%
General Permits:
Major General Planning Application (variance, special use permit, major design review, wireless communications facilities, small wireless communications facilities) application $3,144 $75 $3,219 Minor General Planning Application (minor variance, minor design review, eligible facilities request) application $995 $24 $1,019
Permit Revision and/or Permit Extension each $586 $14 $600 Categorical Exemption each $80 $2 $82
Negative Declaration Review each $4,311 $103 $4,414
Negative Declaration Preparation each $7,805 $186 $7,991 EIR/EIS each Cost of consultant + 25% $0 Cost of consultant + 25%
Other Permits:
Non Residential Fence Permits each $284 $7 $291
Home Occupation Permit each $143 $3 $146
Minor Sign Review and Approval each $157 $4 $161
Major Sign Review and Approval each $391 $9 $400
Sign Application Revision each $157 $4 $161
Locally Unique Sign Application each $3,144 $75 $3,219
Minor Special Event Permit each $226 $5 $231
Major Special Event Permit each $448 $11 $459
Non-Profit Producer and Free to the Public - Special Event each $0 $0 $0 Temporary Use/Structure Permit each $673 $16 $689
Certificate of Compliance (Subdivision Map Act) each $867 $21 $888 Tentative Subdivision Map each $5,714 $136 $5,850
Condominiumization of Existing Residential Dev. each $5,876 $140 $6,016 Cannabis Use Permit:
Cannabis Use Permit each $5,681 $135 $5,816
Cost Recovery Deposit Amounts for Cannabis Use Permit and Development Agreement
a) Retailer / Cultivator / Testing Lab/ Manufacturing/ Distribution each $23,463 $558 $24,021 b) Microbusiness each $24,700 $588 $25,288
Annual Inspection Fee each $2,051 $49 $2,100
Re-Inspection Fee each $873 $21 $894
Other Services:
Zoning Letter each $247 $6 $253
Document Copying page $0.10 $0 $0.10
Planning Review of Building Permits per hour/1 hr. min. $125 $3 $128 Admin Fee for Cost of Collection on Liens, Nuisance, etc. % of collection costs 25% $0 25% Public Notice Label Preparation each $229 $5 $234
Letter of Public Convenience or Necessity each $448 $11 $459 Planning Documents:
General Plan Amendment each Fully burdened hourly staff cost and/or cost of consultant-$8,855 deposit n/a
Fully burdened
hourly staff cost
and/or cost of
consultant-$8,855
deposit
Community Plan Amendment/Area Plan/Plan Area Statement each Fully burdened hourly staff cost and/or cost of consultant-$8,855 deposit n/a
Fully burdened
hourly staff cost
and/or cost of
consultant-$8,855
deposit
Annexation:
Annexation each Fully burdened hourly staff cost n/a Fully burdened hourly staff cost
Mobile Vending:
Location Permit each $586 $14 $600
New Vendor Permit each $177 $4 $181
Renewal Permit each $88 $2 $90
Publicly Visible Art On Private Property:
Public Murals each $0 $0 $0
Non-mural Publicly Visible Art each $257 $6 $263
$ Change
Development Services - Planning (cont.)
Fee Description Unit
DRAFT
162
Adopted Fee Proposed Fee
3/26/2024 2.38%
Street/Property Abandonment each $3,201 $76 $3,277
Single-Family Residential Public Works plan review fee per hour $125 $3 $128 Multi-Family Residential Public Works plan review fee (6 units or less) per hour $125 $3 $128 Large Multi-Family Residential Public Works plan review fee (7 or more units) each $1,671 $40 $1,711 Commercial Development/Redevelopment Public Works plan review fee per hour/1 hr min. n/a n/a $128 Commercial Development/Redevelopment Public Works plan review fee (less than 1 acre site) each $521 $12 $533
Commercial Development/Redevelopment Public Works plan review fee (greater than 1 acre site) each $1,671 $40 $1,711
GIS Fee (special requests for information/maps) each $339 $8 $347 Traffic Control Permit each $418 $10 $428
Grading Fee < 3 cubic Yards (no fee) project $0 $0 $0
Grading Fee 3 - 7 Cubic Yards project $553 $13 $566
Grading Fee 8 - 350 Cubic Yards project $935 $22 $957
Grading Fee 350+ Cubic Yards project $2,411 $57 $2,468
Parcel Merger/Lot Line Adjustment/Parcel Maps
(does not include county fees paid directly to El Dorado County) per hour/5 hrs min. $125 $3 $128 Final Subdivision Map
(does not include county fees paid directly to El Dorado County) per hour/5 hrs min. $125 $3 $128 Tentative Subdivision Map
(does not include county fees paid directly to El Dorado County) per hour $125 $3 $128 Obstruction Permit each $300 $7 $307
Encroachment (Street Cut) Permit/Minor each $748 $18 $766 Encroachment (Street Cut) Permit/Major; base + 1.5% of Construction value >$20,000 each $748 $18 $766
Transportation Yearly Permit each $148 $0 $148
Transportation Single Permit each $105 $0 $105
Road Closure, One Day day $466 $11 $477
Monitoring Well Permit; price for each well up to 3 wells/locations. Greater than 3 is half price each up to 3 $458 $11 $469
Monitoring Well Destruction, Each Well each $341 $8 $349 Permit Violation/Stop Work Fee each $1,496 $36 $1,532
Storm water Inspection Fee: Commercial each $256 $6 $262 Storm water Inspection Fee: Commercial Reinspection each $128 $3 $131 Storm water Inspection Fee: Industrial each $319 $8 $327 Storm water Inspection Fee: Industrial Reinspection each $128 $3 $131 Easement Request/Review each $1,384 $33 $1,417
Reproduction Fee per 23x26 sheet file plans and record
maps $4 $0 $4
Street Name Change; actual costs of City staff, equipment, and materials each Actual n/a Actual Unapproved Work (ROW)/Correction Fee/Inspections of Repairs to City Infrastructure; deposit plus actual time and materials of various city staff each $924 $22 $946 Special Event Review; includes Base fee then scalable by event size each $3,533 $84 $3,617 Facility Setup/Takedown Fee; actual costs of staff which may include overtime if event is after normal business hours per hour $43 $0 $43 Traffic Control Device Rental & Setup; minimum plus actual costs of equipment, labor and/or materials each $221 $5 $226
Public Works Condominiumization of Existing Residential Dev. per hour/5 hrs min. n/a n/a $128 Condominiumization of Existing Residential Dev. each $1,677 $40 $1,717 Public Works Inspections/Re-Inspections each n/a n/a $177 Public Works
Fee Description Unit $ Change
DRAFT
163
Adopted Fee Proposed Fee
3/26/2024 2.38%
Emergency Medical Service:
Advanced/Basic Life Support, incident response* hourly $520 + Medicare Mileage factor $12 $532 + Medicare Mileage factor
Advanced/Basic Life Support - with standby to support air ambulance transport, incident response hourly $1,009/hr $23 $1,032/hr
Advanced/Basic Life Support - with engine standby for CPR, incident response hourly $1,009/hr $23 $1,032/hr County Fire Services:
Lake Valley Fire District Contract Per agreement (with CPI) n/a Per agreement (with CPI)
Fallen Leaf Fire District Contract Per agreement (with CPI) n/a Per agreement (with CPI)
Wild Land Fire Suppression Fee:
Support Vehicle hourly CA OES rate n/a CA OES rate
Pumping Engine hourly CA OES rate n/a CA OES rate
Ladder Truck hourly CA OES rate n/a CA OES rate
Motor Vehicle Accident:
Level 1 Basic Response X hourly $1,132 $27 $1,159
Level 2 Extrication X hourly $1,716 $41 $1,757
Level 3 Multi Casualty X hourly $2,517 $60 $2,577
Hazardous Materials Clean-Up:
Level 1 Basic Response X hourly $753 $18 $771
Level 2 Full Alarm Response X hourly $2,517 $60 $2,577
Bomb Response/Bomb Squad:
Level 1 Full Alarm Response X hourly $1,132 $27 $1,159
Level 2 Full Alarm Engine Response plus TD Bomb Unit X hourly $2,517 $60 $2,577 Pipeline Breakage/Power Line Incidents:
Level 1 Single Engine X hourly $1,132 $27 $1,159
Level 2 Full Alarm Engine Response X hourly $2,517 $60 $2,577 Fire Hydrant Flow Test hourly $329 $8 $337
Witnessed Acceptance Test hourly $329 $8 $337
Fire Watch Service X Actual costs n/a Actual costs
hourly per engine $2,517 $60 $2,577
hourly per ladder truck $2,517 $60 $2,577
Emergency Assistance to Boats/Water Incidents: Includes boat responses, swift water and ice rescues, etc.
Level 1 Single Engine X incident $1,132 $27 $1,159
Rescue: Includes working with Search & Rescue for victim recovery, Rope Rescue, etc.
Level 1 in City X incident $800 $19 $819
Miscellaneous Fees:
False Alarm Responses 1st Offense X response $160 $4 $164 False Alarm Responses 2nd Offense X response $268 $6 $274 Open Burning and Recreational Fires inspection $267 $6 $273 Arson Investigation - Includes scene safety, investigation, source ID, Arson dog, equipment use, mobile detection and report X investigation At cost using fully burdened rate n/a At cost using fully burdened rate Fire Investigation Reports report $0 $0 $0
Fire Incident Report report $0 $0 $0
Copies page $0.10 $0 $0.10
Photographs See police fee See police fee n/a See police fee Video Tape Duplication See police fee See police fee n/a See police fee Fireworks/Pyrotechnical Display Permit permit $438 $10 $448 Fire Dance Permit Annual Fee permit $220 $5 $225
Per Event Inspection each $57 $1 $58
Defensible Space Inspections for AB38 (Real Estate Sale) per hour $31 $1 $32 Defensible Space Inspections for Homeowners (includes tree marking) per hour $31 $1 $32 $ Change
*As it pertains to "Advanced Basic Life Support Fee" also known as a First Responder Fee, the Fire Chief's office has discretionary authorization to waive fees under the following criteria:
• Patients relying on government sponsored insurance plans such as Medicare, Medicaid and Medi-Cal. • Patients demonstrating a financial burden such as those on fixed income. • Patients who petition for a fee waiver for other exigent circumstances may request a waiver with final decision by the Fire Chief.
Fire Department
Fee Description Recovery USA Unit
Structure Fire Suppression (includes scene safety, initial investigation, traffic control, patient contact, hazard control) X
DRAFT
164
Adopted Fee Proposed Fee
3/26/2024 2.38%
Miscellaneous Fees (cont.):
Special Fire Inspections
per hour / 1 hr. min. regular
working hours
per hour / 3 hr. min. outside of
regular working hours
$173 $4 $177
Fire Plan Review & Inspection Fees:
Auto Alarm/Ext System - 10 per inspection $242 $6 $248
Auto Alarm/Ext System - 100 per inspection $590 $14 $604 Suppression Sys-50 hds/Dry Chem sys per inspection $242 $6 $248 Suppression Sys-200 hds per inspection $590 $14 $604
Underground Main <2” per inspection $118 $3 $121
Underground Main >2” per inspection $242 $6 $248
Board 7 Care Facility 7-50 per inspection $135 $3 $138
Board 7 Care Facility 50+ per inspection $335 $8 $343
Day Care Facility 6+ per inspection $125 $3 $128
Fire Plan Review - Commercial, MFD, Special Event each $257 $6 $263 Basic Fire Inspection, <1k k sq. ft. each $94 $2 $96
Basic Fire Inspection, 1k - 4k sq. ft. each $131 $3 $134 Basic Fire Inspection, 4k - 9k sq. ft. each $157 $4 $161 Basic Fire Inspection, >9 k sq. ft. each $199 $5 $204
Child Care Inspection Occupancy Permit Non-Home each $106 $3 $109 Child Care Inspection Occupancy Permit Home each $106 $3 $109 Miscellaneous Fire Services each At Cost n/a At Cost
Fire Inspection/Re-Inspection each $173 $4 $177
Operational Permit and Inspection CFC 105.6 each $248 $6 $254 Adopted Fee Proposed Fee
3/26/2024 2.38%
Special Business Regulation:
Other Permits - New each $463 $11 $474
Other Permits - Renewal each $230 $5 $235
Pedicab Permit - Owner/Operator New each $257 $6 $263
Pedicab Permit - Owner/Operator Renewal each $90 $2 $92 Pedicab Permit - Driver New each $152 $4 $156
Pedicab Permit - Driver Renewal each $60 $1 $61
Sidewalk Vending Permit - New each $161 $4 $165
Sidewalk Vending Permit - Renewal each $27 $1 $28
Letter of Public Convenience or Necessity each $448 $11 $459 Other Police Functions:
Misdemeanor Booking per booking $43 $1 $44
Fingerprinting each $26 $1 $27
Live Scan Fingerprinting each $18 $0 $18
Local Criminal Clearance Letter each $10 $0 $10
Towed Vehicle Release each $161 $4 $165
Special Police Service each actual cost at fully burdened rate n/a
actual cost at
fully
burdened
rate
DUI Incident Response - Police & Fire
incident
actual cost at fully burdened
rate n/a
actual cost at
fully
burdened
rate
Copy of Dispatch Event report $0.11 $0.00 $0.11
Restitution Rate each actual cost at fully burdened
rate n/a
actual cost at
fully
burdened
rate
Govt. Code Controlled Activities actual cost at fully burdened rate n/a
actual cost at
fully
burdened
rate
Other Special Activities hourly actual cost at fully burdened rate n/a
actual cost at
fully
burdened
rate
Special Police Boat Service hourly actual cost at fully burdened rate n/a
actual cost at
fully
burdened
rate
Equipment Reimbursement each Actual cost n/a Actual cost Firearm(s) Release (by appointment only) weapon $43 $1 $44 Ski Run Blvd. Vehicle Control hourly actual cost at fully burdened rate n/a
actual cost at
fully
burdened
rate
Tape Duplication - Audio tape $22 $1 $23
Tape Duplication - Video tape $22 $1 $23
Crime Scene/Police Photo Reproduction (CD photo) CD $22 $1 $23 Police Department
Fee Description Unit $ Change
$ Change
Fire Department (cont.)
Fee Description Recovery USA Unit
DRAFT
165
Adopted Fee Proposed Fee
3/26/2024 2.38%
Taxicab Fees:
Taxicab Company Permit Annual $5 $0 $5
Taxicab Vehicle Permit Annual per vehicle $5 $0 $5
Taxicab Driver Permit Annual $27 $1 $28
Police False Alarm Response:
1st & 2nd False Alarm No charge n/a No charge
Excessive > 3 False Alarms alarm Per city code n/a Per city code Non Permitted False Alarm Per city code n/a Per city code Initial Permit Application - Resident, 3 year period permit $40 $1 $41 Renewal Permit - Resident, every 3 years permit $19 $0 $19 Initial Permit Application - Business, 1 year period permit $40 $1 $41 Renewal Permit - Business, every year permit $19 $0 $19 Vacation Home Rentals - Tourist Core:
Vacation Home Rental Application fee each $535 $13 $548 Vacation Home Rental Permit - Late Fee On Renewal violation Counted as violation n/a Counted as violation
Vacation Home Rental Permit Master Report report $66 $2 $68 Vacation Home Rental Permit Label Report report $62 + cost of labels $1 $63 + cost of labels 4 or less occupants $200 $0 $200
5 to 8 occupants $350 $0 $350
9 to 12 occupants $650 $0 $650
13 or more occupants $850 $0 $850
Fractional $19.23 to $850 $0 $19.23 to $850
Vacation Home Rentals - Non-Tourist Core:
Vacation Home Rental Application fee each $535 $13 $548 4 or less occupants $250 $0 $250
5 to 8 occupants $500 $0 $500
9 to 12 occupants $1,000 $0 $1,000
13 or more occupants $1,325 $0 $1,325
Vacation Home Rental Permit Master Report report $66 $2 $68 Qualified Vacation Home Rentals:
Qualified Vacation Home Rental Application fee each $535 $13 $548 4 or less occupants $100 $0 $100
5 to 8 occupants $150 $0 $150
9 to 12 occupants $200 $0 $200
13 or more occupants $250 $0 $250
Hosted Rental Fees:
Hosted Rental Permit each $281 $7 $288
Hosted Rental Annual Renewal Fee each $281 $7 $288
Parking Program:
Parking Garage per 20 min/daily max $1.25/$25 $0 $1.25/$25 Monthly Garage Pass April 1-Oct 31 each month $125 $0 $125 Winter Full Week Pass Nov 1-Mar 31 each month $175 $0 $175 6 Month Pass per 6 months $500 $0 $500
5 p.m. until 3 a.m. $.50 per 20 min/up to $5 $.50 per 20 min/up to $5 $0 $.50 per 20 min/up to $5
Holiday Rates (can include days before/after Holiday) Double Regular Rates $2.50/$50 $0 $2.50/$50 Parking validations - 1 packet of 50 - 1 hr validations each packet of 50 $50 $0 $50 Electric Car Charging Electricity Fee each Rate as determined by STJPPA n/a Rate as determined by STJPPA
Electric Car Charging Overstay Fee each Rate as determined by STJPPA n/a Rate as determined by STJPPA
Parking - Bellamy/Transit Way (Adopted 8/13/2024) per 20 min/2 hr max $2 $0 $2 Parking - Upper Ski Run (identified in map) per contract per contract n/a per contract Parking Citation - Kiosk Violations per violation $41 $0 $41 Cannabis:
Public Safety License Fee each $1,190 + $85 x's # of employees (fingerprint/background) $0
$1,190 + $85 x's #
of employees
(fingerprint/backgro
und)
Public Safety License Renewal Fee each $1,190 + $85 x's # of employees (fingerprint/background) $0
$1,190 + $85 x's #
of employees
(fingerprint/backgro
und)
Public Safety License Amendment Fee each $300 $0 $300
Public Safety Mitigation Fee Amounts:
Retailer each $13,750 $0 $13,750
Microbusiness with Retail each $21,250 $0 $21,250
Testing Lab/Manufacturer, Cultivator, Distributor, Microbusiness without Retail each $7,500 $0 $7,500 Delivery Component each $5,000 $0 $5,000
Police Department (cont.)
Fee Description Unit $ Change
Vacation Home Rental Permit - Annual Fee - Tourist Core Vacation Home Rental Permit - Annual Fee - Non-Tourist Area Qualified Vacation Home Rental Permit - Annual Fee
DRAFT
166
Adopted Fee Proposed Fee
3/26/2024 2.38%
Shared Mobility:
Shared Mobility Device Fee per device $81 $2 $83
Parking Citations:
City Code:
4.25.300 - Parking, Restricted Parking Occurrence $75 $0 $75
4.25.300 (C) - Heavenly Valley No Parking/RPP Area Occurrence $300 $0 $300
4.25.330 - No Stopping Zone Occurrence $75 $0 $75
4.25.360 - Time Limited Parking Zone Occurrence $55 $0 $55
4.25.370 - Parked in Excess of 72 Hours Occurrence $75 $0 $75
4.25.410 - Parked Wrong Side of Street Occurrence $25 $0 $25
4.25.440 - Designated Taxi Zone / Bus Stop Occurrence $75 $0 $75
4.25.590 - Parking Garage Payment Required Occurrence $75 $0 $75
4.25.600 - Parking Garage Parked within Parking Space Occurrence $55 $0 $55
4.25.620 - Use of Entrance and Exit Occurrence $75 $0 $75
4.25.740 - Paid Parking - No Ticket Occurrence $75 $0 $75
4.25.750 - Paid Parking Time Expired Occurrence $75 $0 $75
4.25.840 - Residential Parking / Permit Zone Occurrence $75 $0 $75
4.95.050 - Private Property - Restrictions Occurrence $200 $0 $200
7.05.420 - Area restricted-Snow Removal Occurrence $205 $0 $205 All other City Parking Codes Occurrence $75 $0 $75
California Vehicle Codes:
21113 - Parking on Public Grounds Occurrence $75 $0 $75 21113(a) - Unauthorized parking on public grounds Occurrence $75 $0 $75 21211(b) - Park in bike path Occurrence $75 $0 $75
21211a - Blocking designated bicycle path Occurrence $75 $0 $75 22500.1 - Parked In Fire Lane Occurrence $105 $0 $105
22500a - Park Within Intersection Occurrence $75 $0 $75 22500b - Park on Crosswalk Occurrence $75 $0 $75
22500d - Park Within 15ft Fire Station driveway Occurrence $105 $0 $105 22500e - Block Driveway Occurrence $75 $0 $75
22500f - Park on a Sidewalk Occurrence $75 $0 $75
22500g - Obstructing Traffic/HWY Construction Occurrence $105 $0 $105 22500h - Double Parking Occurrence $75 $0 $75
22500i - Park in Bus Loading Zone Occurrence $75 $0 $75 22507 (a) - Heavenly Valley No Parking/RPP Area Occurrence $300 $0 $300 22507 (a) - Lakeside Residential Neighborhood No Parking/RPP Area (Adopted 11/19/2024) Occurrence $300 $0 $300
22507.8(a) - Handicap Disabled Only Occurrence $455 $0 $455 22507.8(b) - Block Disabled Stall/Space Occurrence $455 $0 $455 22507.8c - Parked in Handicap Crosshatch Occurrence $455 $0 $455 22514 - Within 15ft of Fire Hydrant Occurrence $105 $0 $105 22515 - Unattended Running Vehicle Occurrence $75 $0 $75 22523(b) - Abandoned Vehicle Occurrence $250 $0 $250
4000a - Expired Registration Occurrence $75 $0 $75
5204(a) - No Tabs Occurrence $75 $0 $75
All other California Vehicle Codes Occurrence $75 $0 $75 Administrative Citations*
City Code:
2.30.060 (E) - Administrative Fee for Administrative Citations Occurrence $20 $0 $20
2.30.080 (A) - Administrative Hearing Fee for Administrative Citations Occurrence $100 $0 $100
3.35.040 - No Business License Occurrence $100 $0 $100
3.50.380 (B) - Unpermitted VHR - Owner/Agent Responsible First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (B ) - Vacation Home Rental (Parking Space Availability - Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (C )- Vacation Home Rental (Commercial Activity Prohibited - Occupant and Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (D) - Vacation Home Rental (Compliance with SLTCC - Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (E) - Vacation Home Rental (Posting of Permit - Owner/Agent Responsible) First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (F) - Vacation Home Rental (Marketing/Advertising Requirements - Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
Police Department (cont.)
Fee Description Unit $ Change
DRAFT
167
Adopted Fee Proposed Fee
3/26/2024 2.38%
Administrative Citations (cont.)*
City Code:
3.50.440 (G) - Vacation Home Rental (Authorization to Inspect - Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (H) - Vacation Home Rental (Outdoor Spas/Hot Tubs prohibited between 10 p.m.-8 a.m. - Occupant and Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (I) - Vacation Home Rental (Interior Signage - Owner/Agent Responsible) First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (J) - Vacation Home Rental (Exterior Signage - Owner/Agent Responsible) First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (K) - Vacation Home Rental (Parking Requirements - Occupant and Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (L) - Vacation Home Rental (Noise and Amplified Music Prohibited between 10 p.m. - 8 a.m. - Occupant and Owner/Agent Responsible) First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (M) - Vacation Home Rental (Emergency Lighting - Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (N) - Vacation Home Rental (Lighting Design - Owner/Agent Responsible) First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (O) - Vacation Home Rental (Parking of Commercial Vehicle - Occupant and Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (P) - Vacation Home Rental (Records Relating to VHR - Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (Q) - Vacation Home Rental (Camping Prohibited - Occupant and Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.440 (R ) - Vacation Home Rental (Trash/Bear Boxes Required - Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
3.50.450 (D) Vacation Home Rental (Operating without a Permit) (Owner/Agent Responsible)
First occurrence
Second occurrence within year
Subsequent occurrence within year
$1,500
$3,000
$5,000
$0
$1,500
$3,000
$5,000
4.150 - Refuse and Garbage Occurrence $150 $0 $150
4.35.020 - No Operator License - Mobile Vending Occurrence $100 $0 $100
4.40.020 - Nuisances Generally Occurrence $50 $0 $50
4.40.030 - Outdoor Display Occurrence $100 $0 $100
4.40.040 - Nuisances Generally - Noise Occurrence $100 $0 $100
4.45.040 - Abandoned Vehicle Occurrence $150 $0 $150
4.50.030 - Illegal Dumping Occurrence $1,000 $0 $1,000
4.50.050 - Unsuitable Trash Container - Commercial Occurrence $300 $0 $300
4.50.050 - Unsuitable Trash Container - Residential Occurrence $150 $0 $150
4.55 - Graffiti Occurrence $50 $0 $50
4.60 - Abandoned or Damaged Structure Occurrence $1,000 $0 $1,000
4.135.010 Police Service Occurrence $500 $0 $500
4.140.100 Private Patrols Occurrence $25 $0 $25
6.05 - Handbills Occurrence $100 $0 $100
6.10.160 - Exterior Lighting Occurrence $100 $0 $100
6.15 - Building Code Violation Occurrence $100 $0 $100
6.40.050 - Noncompliant Sign Occurrence $100 $0 $100
6.55.280 - No Home Occupation Permit Occurrence $100 $0 $100
7.05 - Sidewalk Snow Removal Occurrence $100 $0 $100
7.05.500 - Placing Snow in Right-of-Way Occurrence $100 $0 $100
7.05.560 - Sidewalk Snow Removal Occurrence $100 $0 $100 All Code Violations Not Listed Above or Specified in the Code Occurrence $250 $0 $250 *The fines for a second and any subsequent violation within a 12-month period for all violations with the exception of Vacation Home Rental violations will be double that of the previous fine assessed. The above penalties shall not supersede fines and penalties listed in the current City Code for specific violations. Except for Vacation Home Rental violations, under no circumstances shall a penalty be greater than $1,000.
Police Department (cont.)
Fee Description Unit $ Change
DRAFT
168
Adopted Fee Proposed Fee
3/26/2024 2.38%
Offices square foot or agreement $2.30 $0 $2.30
Ground Lease Rate square foot or agreement $0.35 $0 $0.35 Gratuitous Transportation vehicle $60 $1 $61
Conference/Meeting Room hourly rental hour $32 $1 $33
Conference/Meeting Room daily rental day $317 $8 $325
Restaurant Facilities Per agreement Per agreement n/a Per agreement Airport Terminal Lobby (upper/lower) hourly rental hour $63 $1 $64 Airport Terminal Lobby (upper/lower) daily rental day $382 $9 $391 Advertising Negotiated Negotiated n/a Negotiated
Advertising “Paper” Pick-Up Ads monthly $81 $2 $83
Rental Car Ground Lease Area Negotiated / Market Rate Conditions Negotiated / Market Rate Conditions n/a Negotiated /
Market Rate
Conditions
Other Use of Terminal Negotiated Negotiated n/a Negotiated Commercial Filming:
Small Scale Commercial Filming (less than 50 persons); waived if City promotion per day/winter $461 $11 $472 Small Scale Commercial Filming (less than 50 persons); waived if City promotion per day/summer $768 $18 $786 Large Scale Film Production (film crew larger than 50 persons) - Prep / Strike Location per day $344 $8 $352
Large Scale Film Production (film crew larger than 50 persons) - Filming Days per day $5,721 $136 $5,857 Airport Escort Required on Filming Days per day $286 $7 $293 Movement Area Filming (Runway and/or Taxiway)* per day* $2,500* $0 $2,500* Large Scale Filming (more than 50 persons) Security Deposit Negotiated Based on Location Agreement n/a Based on Location Agreement
Large Scale Film Production (film crew larger than 50 persons) - City Film Support for Permits, Police, Fire, etc. Per Hour Fully Burdened Rate of Employee Used n/a Fully Burdened Rate of Employee Used Aviation Use of Airfield
GA Ramp Fee for A/C under 5,000 lbs (First 15 minutes free) day $10 $0 $10 GA Ramp Fee for A/C over 5,001 lbs (paid with landing fee) day $25 $1 $26 Monthly Tie Down Fee Flat Rate $77 $2 $79
Helicopter Takeoff Weight
3,001+ $50.00 flat rate $0 $50.00 flat rate
FixedWingTakeoffWeightPer1,000lbs.
5,501 - 19,000 $8 $0 $8
20,000 - 49,000 $10 $0 $10
50,000+ $12 $0 $12
Fuel Flowage Fee per gallon/per agmt $0.20 $0 $0.20
Building:
All Hangars (Box and Tee) per square foot $0.96 $0 $0.96 All Storage Units (Aeronautical Use) per square foot $0.96 $0 $0.96 All Storage Units (Non-Aeronautical Use) Aeronautical use fee plus 10% Aeronautical use fee plus 10% n/a Aeronautical use fee plus 10%
Other Fees:
Parking per space $103 $2 $105
Airport Parking Lot Rental 100 Spaces 1/2 Parking Lot $1,144/day $27 $1,171/day Ground Transportation - Limousine; yearly per company $759 $18 $777 Gratuitous Transportation - Taxi Cab; yearly, negotiable vehicle $38 $1 $39 GA Ramp North GA or Terminal Ramp; hourly, 300 linear feet full width hourly $317 $8 $325 GA Ramp North GA or Terminal Ramp; day, 300 linear feet full width day $3,810 $91 $3,901 Taxiway A between H and J - North End; hourly hourly $317 $8 $325 Taxiway A between H and J - North End; daily day $3,810 $91 $3,901 Local Emergency Agency Training Ramp Use
(Non Airport Emergency) yearly $5,000 $0 $5,000
Airport Technician Fully burdened hourly rate Fully burdened hourly rate n/a Fully burdened hourly rate
Dump Truck, Sander, Grader, Loader hourly $217 $5 $222
Carpet Cleaning; includes equipment use +actual costs of City staff hourly + actual Fully burdened hourly rate n/a Fully burdened hourly rate
Airport Hangar Waitlist Fee each $250 $0 $250
Airport Lease Security Deposit (refundable deposit) each $750 $0 $750 Airport Key Card (refundable deposit) each $50 $0 $50
Lost/Stolen Key Card Replacement (non- refundable) each $50 $0 $50 Airport Hangar Key (refundable deposit) each $25 $0 $25 Lost/Stolen Hangar Key Card Replacement (non- refundable) each $25 $0 $25 $ Change
**Local Emergency Agency Partners conducting training exercises to improve interagency airport emergency response is exempted from use fees.
Airport
Fee Description Unit
*Any filming conducted on runways or taxiways defined as the Movement Area by the Federal Aviation Administration will have a $2,500 per day additional fee on top of other rates.
Landing Fee
Landing Fee
DRAFT
169
Adopted Fee Proposed Fee
3/26/2024 2.38%
Appeals per appeal $371 $9 $380
Document Printing and Copying - .10 per page plus postage document page $0.10 $0 $0.10 City Council Chambers Use Application Fee per application $27 $1 $28 City Council Chambers Rental, M-F, 8-5 p.m. per hour $43 $1 $44 Video Meeting Electronic File Transfer, 1 per Drive Thumb Drive $5 $0 $5 Verbatim Transcript Service actual outsource cost hourly or actual outsource cost n/a hourly or actual outsource cost
Notary Service per signature $15 $0 $15
Notary Service - Providing California Notary
Acknowledgement or Jurat Form per form $1 $0 $1
Agenda Mailing Service, .10 per page plus postage agenda .10 per page plus postage $0 .10 per page plus postage
Filming Application Fee application $192 $5 $197
Public Property Use Fee (for filming only) use $749 $18 $767 Temporary Sign Deposit (yard signs) campaign $170 $4 $174 Adopted Fee Proposed Fee
3/26/2024 2.38%
Business and Professions Tax Rates:
Schedule A (per $1,000 gross receipts) per 1,000 gross receipts $1.07 $0 $1.07 Schedule B (per $1,000 gross receipts) per 1,000 gross receipts $1.62 $0 $1.62 Schedule C (per $1,000 gross receipts) per 1,000 gross receipts $2.14 $0 $2.14 Schedule D (per $1,000 gross receipts) per 1,000 gross receipts $2.69 $0 $2.69 Schedule E (per $1,000 gross receipts) per 1,000 gross receipts $3.22 $0 $3.22 Schedule N (non-profit 501(c)(3); veterans; etc.) n/a $0.00 $0 $0.00 Maximum Annual Amount of Tax (Measure B, June 2012) application $20,000.00 $0 $20,000.00 Administrative Fee - New license application (Including $12 $13 Business License Technology Fee) application $83 $3 $86
Administrative Fee - New Business One Time 6 Month License Application application $41 $1 $42 Administrative Fee - Annual Renewal (Including $13 Business License Technology Fee) application $65 $3 $68
AB1379 (amended SB1186; ADA info and access fee - State of CA mandated; effective 1/1/2018 through 12/31/2023) per business certificate $4 $0 $4 Business License Technology Fee; collected with admin fee business application $12 $1 $13 Business License Certificate - duplicate copy certificate $19 $0 $19 Lien Release Fee lien Passed on to Seller through Escrow n/a Passed on to Seller through Escrow
Administrative Fee for Delinquent Refuse Collections lien $85 $2 $87 TOT and Business License Reports:
Delinquent Tax Analysis per project At cost using fully burdened hourly rate n/a At cost using fully
burdened hourly
rate
Motel Tax Master (name/address listing) per report $62 $1 $63 Individual TOT Report per motel/per year $18 $0 $18
Vacation Home Rental Master Report per report $66 $2 $68 Vacation Home Rental Label Report per report $62 + cost of labels $1 $63 + cost of labels Business License Master Report, Standard Format per report $62 $1 $63 Business License Master Report Requiring Specific Formatting Due to Information Request per report $62 + fully burdened hourly rate $1
$63 + fully
burdened hourly
rate
Business License Label Report per report $62 + cost of labels $1 $63 + cost of labels Miscellaneous Fees:
Returned Check (NSF) Processing per check $27 $1 $28
Geobase Information Service, Research per project At cost using fully burdened hourly rate n/a At cost using fully
burdened hourly
rate
Stop Payment Fee per check At cost using actual bank charge n/a At cost using actual bank charge
$ Change
Fee Description Unit $ Change
City Clerk
Fee Description Unit
Finance
DRAFT
170
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City of SLT Financial Policies – Strengthening Financial Position 1 Rev. February 2013 Financial Policies:
Strengthening Financial Position
To preserve General Fund revenues, the City will take proactive steps to strengthen its financial condition. The following policies shall guide those efforts.
A. Diversified Economy and Revenues
1. Preservation of Commercial and Industrial Development Opportunities
The City shall diversify its economic base by encouraging a broad range of private sector commercial and industrial employment.
While it is important to maintain an inventory of land zoned for residential use, the City shall carefully consider economic impacts before rezoning any commercial or industrial land to residential use.
The City Council shall be presented with an analysis of trend data comparing percentages of residential development to
commercial/industrial development.
2. Jobs/Housing Balance
The City shall promote an equal ratio of jobs to housing, and shall encourage the expansion of businesses that will provide opportunities for residents to work in the community.
3. Effect of Fees/Charges/Rates on Commercial and Industrial Development
In setting fees, charges, and/or rates on commercial and industrial development, the City shall evaluate the comparative fee structure of other neighboring jurisdictions. The City shall strive to implement fees, charges and/or rates that are competitive with other jurisdictions and that shall not have a negative impact on sales tax or other valuable sources of revenue.
B. Economic Incentives for Commercial and Industrial Development The City shall provide economic incentives for commercial and/or industrial development when such incentives shall lead to a positive economic return for the City in terms of jobs, workforce housing opportunities, enhanced revenues, a more diversified economic base, or enhanced transportation or other public services. Any economic incentive policies shall be attached as an Appendix to this document. 172
City of SLT Financial Policies – Strengthening Financial Position 2 Rev. February 2013 C. Intergovernmental Revenues
1. Grants
Grants from federal, state or private organizations are an appropriate and desirable means of enhancing available revenues. However, grant funding is rarely a long-term, stable economic base. Grant applications and subsequent grant awards shall be approved by the City Council. The City shall ensure that grant funding is appropriately leveraged to enhance City services as set forth in its Grant Funding and Compliance Policy. (See separate policy document).
2. State Shared Revenues
To protect against fluctuations in intergovernmental revenues, the City shall maintain 25 percent General Fund Committed fund balance as a reserve against unanticipated or uncontrollable reductions in state subventions.
D. User Fee Cost Recovery
The City provides certain services to its residents and businesses that are funded in whole or in part by fees that are intended to cover all or a portion of the cost of providing such services. To the extent User Fees do not cover the entire cost of providing such services; the General Fund subsidizes the additional expense. Careful examination of User Fees shall enhance the stability of the General Fund. The following policies shall be implemented to ensure that User Fees keep pace with changes in the cost-of-living as well as changes in methods or levels of service delivery.
1. General Principles
a. Revenues derived from User Fees shall not exceed the reasonable cost of providing the service.
b. Cost recovery goals shall be based on the total cost of delivering the service, including all direct costs, departmental
administration costs, and organization-wide support costs such as accounting, personnel, data processing, building and/or vehicle maintenance, and insurance.
173
City of SLT Financial Policies – Strengthening Financial Position 3 Rev. February 2013 c. The method of assessing and collecting fees shall be as simple as possible in order to reduce the administrative cost of collection. Although a high cost of recovery may be appropriate for specific services, if it is impractical or costly to charge the user, a lower level of cost recovery shall be appropriate. d. Fee levels shall be sensitive to the “market” for similar services, including the provision of services by private sector service or program providers. User Fees shall not be set so high that services shall not be used. Conversely, User Fees shall not be set so low that the City is stimulating a demand by artificially low prices. Specifically, the City shall carefully consider whether it is appropriate to provide services at a subsidized cost (or a cost that does not include all cost of services, such as room rental costs, building maintenance or personnel charges) if such services are available through the private sector.
e. Fee levels shall be sensitive to smaller, infrequent users of the service, for example, small businesses that may have less of an opportunity to recover the cost of User Fees through ordinary business income.
f. The level of cost recovery should consider the community-wide versus special benefit of the program or activity that is the subject of the User Fee. The use of general-purpose revenues shall be appropriate for community-wide services, while User Fees at some level shall be appropriate for services that are of special benefit to easily identified individuals or groups. (For example, it would be unusual to charge a User Fee for a community-wide event such as an Easter Egg Hunt, while it would be appropriate to charge a User Fee at some level for an adult recreational program with a limited number of participants.) g. The level of cost recovery shall consider the financial benefit to the service user, and whether the user is a service driver or a service recipient. In cases where there user benefits financially from the provision of the service, and the service would not be provided but for the expanded business or revenue
opportunities, the level of User Fee should more closely approximate 100% cost recovery. (For example, a developer receives financial benefit at the conclusion of the development review process, and the City would not provide the review of development applications but for the expanded business or revenue opportunity for the developer. While the community may be the actual service recipient of the review of development applications, the developer is the service driver.)
174
City of SLT Financial Policies – Strengthening Financial Position 4 Rev. February 2013
2. Factors Favoring High Levels of Cost Recovery. High cost recovery levels are especially appropriate in the following circumstances:
a. The service is similar to services provided through the private sector.
b. Other private or public sector alternatives could or do exist for the delivery of the service.
c. The demand for the service is high and cost of service is needed as a mechanism to help control demand.
d. The cost of service can be used as a mechanism for
encouraging compliance with the law. (For example, police response to false burglary alarm calls.)
e. The service is regulatory and voluntary compliance is not expected to be the primary method of detecting failure to meet regulatory requirements. (For example, building permit, plan checks and subdivision review services.)
3. Factors Favoring Low Levels of Cost Recovery. In addition to the general policy considerations noted above, low cost recovery levels are appropriate in the following circumstances:
a. The program or services falls within the range of general public services which are provided to the community to promote the general safety, health and well-being of the community, and there is no intended relationship between the amount paid and the benefit received. (For example, police and fire services, general access to park facilities.)
b. The service is not generally available through private sources and is necessary to promote the general safety, health and wellbeing of the community. (For example, teen after school programs.)
c. The service is generally non-recurring, delivered on a “peak demand” or emergency basis, cannot reasonably be planned for on an individual basis, and is not readily available from a private sector source. (For example, police and fire services in response to emergencies.)
d. Collecting fees would discourage compliance with regulatory requirements and adherence to regulatory requirements is not 175
City of SLT Financial Policies – Strengthening Financial Position 5 Rev. February 2013 readily identified by the City. (For example, home-based business licenses.)
4. Periodic Adjustment of User Fees. A comprehensive analysis of User Fees shall be made at least every three years. In the interim, if applicable, fees shall be adjusted by no less than the amount of the annual change in the Consumer Price Index. Fees may also be adjusted more frequently based on supplemental analysis whenever there has been significant change in the method, level or cost of service delivery. A schedule reporting the rate of all User Fees shall be included as an Appendix to the budget, and the City Council may direct adjustment in User Fees as part of the annual budget process.
5. Development Review Programs. Cost recovery for development review programs shall be very high, and in most cases the goal for cost recovery should be 100%. The City shall also impose clear performance standards to ensure that there is high value for services rendered. This cost recovery principle applies to the following types of development review programs:
a. Planning (planned development permits, tentative and parcel maps, rezonings, general plan amendments, variances, use permits, etc.)
b. Building and safety inspections (building permits, structural plan checks, fire inspections, etc.)
c. Engineering (public improvement plan checks, inspections, subdivision requirements, encroachments, etc.)
E. Enterprise Fund Rates
Each of the enterprise funds shall be operated in a manner to fully cover the total direct and indirect costs (including operations, capital outlay and debt service) for operating such functions so as to avoid General Fund subsidies for enterprise operations.
1. Rates shall be reviewed on an annual basis and shall be adjusted as appropriate and equitable.
2. Rates charged for enterprise activities shall be compared periodically against rates charged by other public agencies for purposes of benchmarking cost of service and operations. Private contracting opportunities shall be evaluated as appropriate as a means of reducing expenses, while remaining in compliance with the City’s Purchasing Policies.
176
City of SLT Financial Policies – Strengthening Financial Position 6 Rev. February 2013 F. Collections
The City shall implement a uniform collection program. The costs of this collection program shall be reviewed annually to ensure the total direct and indirect costs are fully covered. The costs shall be passed on to the delinquent customers as a penalty in the collection process.
The City’s options for collection are:
a. Property Liens. A lien shall be placed on the property should the owner fail to pay charges, penalties and interest charges.
Enforcement of liens shall be made in accordance with the applicable section of the City Code subject to delinquent payment, and may be initiated through a court ruling. Collections against property liens are typically done by issuing a warrant for enforcement or foreclosure proceeding in the case where a deed of trust has been secured by the City against the property, and may result in a sale pursuant to a writ of execution.
b. Special Assessments. A resolution must be presented to the City council to declare a special assessment on a delinquent customer’s real property. Upon passage and adoption a certified copy shall be recorded with the County Recorder’s office. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes. Special assessments are typically levied as a result of delinquent property assessments, non-payment of nuisance abatement costs or refuse fees. c. Withholding Entitlements. The City may withhold issuing any licenses, permits and other entitlements until payment for charges due, including penalties and interest is received. d. Collection Agency (other enforcement procedures). The City can take other actions allowed for enforcement of a civil judgment.
Collection agency fees shall be passed on to the customer through penalty and interest charges therefore avoiding gifting of public funds.
e. Closure of Business
The City Code allows for closure of a business for failure to comply with any provision of the Business Tax or Occupancy Tax chapters relating to the payment of monies due. Proper notice and due process shall be given to the business operator before closure.
177
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: February 25,
2025
Agenda Item #:10
Agenda Item: Pay for Success Agreements with Live Violence Free and Tahoe Coalition for the Homeless
Executive Summary: On September 10, 2024, City Council was presented with the first Annual Report on Homelessness. At this meeting, staff highlighted the financial concerns at Live Violence Free (LVF) and Tahoe Coalition for the Homeless (TCH). Councilmember Creegan, seconded by Mayor Bass, made a motion to bring back discussion of a contract for service for LVF and TCH given the services they provide that reduce impact on city services and the city budget. On November 19, 2024, City Council was presented with a Staff Report on the Pay for Success model to help bridge the gap in funding for operational costs for these two local organizations. Councilmember Robbins made the motion, seconded by Councilmember Wallace, to direct staff to develop contracts with Tahoe Coalition for the Homeless and Live Violence Free, based on the Pay for Success model in an amount not to exceed $40,000 for each organizations.
Requested Action / Suggested Motions:
1) Pass a Motion authorizing and directing the Mayor to execute Pay for Success Agreements with Tahoe Coalition for the Homeless and Live Violence Free in an amount not to exceed $40,000 for each agency until December 31, 2025; and 2) Pass a Resolution Authorizing $80,000 Budget Appropriations from General Fund Undesignated Excess Reserves for the two agreements.
Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - LVH and TCH Agreement.docx
02 - LVF Pay for Success Agreement
03 - TCH Pay for Success Agreement.pdf
04-Resolution - Budget Appropriation.docx
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Council Agenda Report February 25, 2025 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: February 25, 2025
Title: Pay for Success Contracts with Live Violence Free and Tahoe Coalition for the Homeless
Location: Citywide
Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager Background: Homelessness is a nuanced issue, driven in large part by shortfalls in housing supply and affordable housing throughout the region and the state of California. In 2021, the Point in Time count for El Dorado County showed there was a total of 613 people experiencing homelessness with 78% of those being unsheltered. In 2024, there was a total of 511 people experiencing homelessness with 47% of those unsheltered. The number of unsheltered individuals and families in El Dorado County has decreased by 69% while people utilizing emergency shelter and transitional housing increased, since 2021. In the 2022 count, 79% of people experiencing homelessness had their permanent residence prior to homelessness in El Dorado County.
Responding to homelessness contains nuanced approaches making the coordination of a strategic approach challenging but facilitates better outcomes.
Individuals with certain vulnerabilities, those with a history of trauma, and/or those from racially minoritized groups, are at higher risk of experiencing homelessness. In addition, those who are experiencing homelessness have higher rates of substance abuse and mental health issues than the general population. Those experiencing homelessness are an aging population and we know that most people experiencing homelessness in California are overwhelmingly from California1. In El Dorado County, we know that this data trend is also similar.
In addition to negatively impacting South Lake Tahoe residents experiencing homelessness, there are other direct and indirect impacts on the community. People experiencing homelessness generate a significant number of calls for services from the South Lake Tahoe Fire and Police Departments, as well as frequent and high utilization of emergency medical services administered at Barton Health. These calls may delay response time to other non-homeless related calls. In addition, unsheltered 1 Margot Kushel, MD and Tiana Moore, PhD, et. al. “Toward a New Understanding: The California Statewide Study of People Experiencing Homelessness.” Benioff Homelessness and Housing Initiative, University of California San Francisco (June 2023).
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homelessness may negatively impact the environment, the local economy and quality of life in the community.
On September 10, 2024, City Council was presented with the first Annual Report on Homelessness. At this meeting, staff highlighted the financial concerns at Live Violence Free (LVF) and Tahoe Coalition for the Homeless (TCH). Live Violence Free is 85% grant funded and 40% of their budget was funded by the Federal Victim of Crimes Act.
This funding source has dipped drastically in the past several years and in this current fiscal year, the State of California backfilled funding for state nonprofits who received these funds in the past for one year. This grant is used for programs, operations, client expenses such as the shelter operated by LVF, utilities at the shelter, transitional housing, rental assistance, utility assistance, among others.
Tahoe Coalition for the Homeless is eligible for various grants but the funding typically is capped only for capital projects and services, leaving no amount available for operations unless you directly work with clients. Most of the funds TCH receives is for rehabilitation of projects which are hard and soft capital costs or client-based services through CalAIM.
Many grants only allow for less than 10% for indirect costs (operating) which include accounting, executive staff, and grant oversight. TCH and LVF actually use about 15- 20% in indirect costs for each grant, leaving a gap between operations costs and grants received. Both organizations have small operating reserves which can be challenging since most grants are on a reimbursement basis. Reimbursement based grants have a significant lag time due to review of grant documentation and processing to send checks for reimbursement.
On November 19, 2024, City Council was presented with a Staff Report on the Pay for Success model to help bridge the gap in funding for operational costs for these two local organizations. Councilmember Robbins made the motion, seconded by Councilmember Wallace, to direct staff to develop contracts with Tahoe Coalition for the Homeless and Live Violence Free, based on the Pay for Success model in an amount not to exceed $40,000 for each agency.
Issue and Discussion: Pay for Success (PFS) is a model that advances solutions to nuanced issues, such as homelessness while generating successful outcomes for families, individuals, and communities. PFS works when a government entity enters into a contract to pay for concrete, measurable outcomes once they are achieved for specific people or communities in need. This model only pays the contract if interventions actually achieve the outcomes agreed upon in advance.
In the PFS model, the City enters into a contract with Live Violence Free and another contract with Tahoe Coalition for the Homeless. LVF and TCH will deliver interventions intended to achieve the outcomes. The City will evaluate the outcomes and process payments based on the outcomes.
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This model is innovative in its approach to include data integration, performance management, building evidence, person-centered programming, and a focus on outcomes. This program will include measurable outcomes that improve clients housing stability, health, and social service utilization that includes the level of savings for local government.
The outcomes are listed in Exhibit A “Scope of Services” in the respective Pay for Success contracts with Live Violence Free and Tahoe Coalition for the Homeless.
Staff recommends that the City Council approve the Resolution (Attachment 4) authorizing the budget appropriation of $80,000 for the Pay for Success Agreements and that the City Council authorize the Mayor to sign the Pay for Success Agreements with Tahoe Coalition for the Homeless and Live Violence Free in an amount not to exceed $40,000 for each agency until December 31, 2025.
Financial Implications: It is anticipated that in addition to the cost of the contracts, additional financial resources to cover associated staff time, will be required. Staff is recommending $80,000 in General Fund Undesignated Excess Reserves be used to pay for Live Violence Free and Tahoe Coalition’s Pay for Success Agreements.
Environmental Considerations: The recommendation in this report is not a project under CEQA, because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Sections 15378(b)(2) and 15378(b)(4) and is, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).
Policy Implications: The following adopted policies and programs are applicable to this discussion:
City General Plan Housing Element
Action Item 1.3.6 Continue to work with the Tahoe Coalition for the Homeless to rehabilitate properties purchased through Project Homekey.
Action Item 3.1.3 Work with local partners to support permanent supportive housing/transitional homeless shelter resources and provide more services to mitigate existing homeless camps.
Policy 1-1 The City shall adopt programs, ordinances, incentives, land use plans and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs of citizens of all economic levels.
Policy 4-2 The City shall work with surrounding jurisdictions to address the causes of homelessness and the needs of transient homeless persons on a regional basis. The City 181
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shall support TCH and El Dorado County Community Services and in its countywide programs address the needs of homeless persons.
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CITY OF SOUTH LAKE TAHOE
PAY FOR SUCCESS AGREEMENT
This Agreement is made and entered into as of the 25th day of February, 2025 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Live Violence Free, a California nonprofit public benefit corporation (“Service Provider”).
RECITALS
A. Service Provider is specially trained, experienced, and competent to perform the services which will be required by this Agreement. Service Provider coordinates shelter, counseling, housing assistance, legal support, and advocacy for victims of domestic violence, sexual assault, and child abuse citywide.
B. Service Provider possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein. The City of South Lake Tahoe seeks to seeks to leverage Service Provider’s resources and expertise to respond to the need for supportive services, and work towards reducing and ending interpersonal violence in South Lake Tahoe.
C. City desires to compensate Service Provider for providing a certain level of service within the City of South Lake Tahoe as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Service Provider shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement.
All services provided by Service Provider pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference.
2. Term/Time of Performance. The services by Service Provider are to commence upon the execution of the Agreement and continue for one year.
3. Compensation. The Maximum of the payments can be made by the City pursuant to this contract is $40,000, subject to the provisions of this contract.
All of the payments under this contract are contingent on the achievement of specific outcomes as further defined and provided in this contract (Exhibit A). 183
4. Method of Payment. Service Provider shall submit outcome-based payments in an amount not to exceed $40,000 to City with the outcomes. Service Provider’s bills shall include a narrative of the services performed and the number of service users assisted in accordance with the Scope of Services. City shall pay Service Provider no later than 30 days after approval of the quarterly invoice by City staff.
Live Violence Free shall submit a Quarterly Progress Report to the City by the 15th day of each Quarter. The Quarterly Progress Report template is included in Exhibit C and the Disbursement Request form is included under Exhibit D.
5. Termination. This Agreement may be terminated by City or Service Provider immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Service Provider shall be entitled to compensation for services performed up to the effective date of termination.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.
6. Service Provider’s Books and Records.
a. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Service Provider for services provided pursuant to this Agreement. b. Service Provider shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Service Provider’s address indicated for the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Service Provider’s business, City may, by written request by any of the 184
above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices.
Access to such records and documents shall be granted to any party authorized by Service Provider, Service Provider’s representatives, or Service Provider’s successor-in-interest.
7. Independent Service Provider. It is understood that Service Provider, in the performance of the work and services agreed to be performed, shall act independently and shall not act as an agent or employee of City. Service Provider shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Service Provider hereby expressly waives any claim it may have to any such rights. All employees, agents, Service Providers or subcontractors hired or retained by Service Provider are employees, agents, Service Providers or subcontractors of Service Provider and not of the City.
City is not required to make any deductions or withholdings form the compensation payable to Service Provider under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Service Provider’s assigned personnel. Any third party persons employed by Service Provider shall be entirely and exclusively under the direction, supervision, and control of Service Provider. Service Provider hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employeremployee relationship exists by reason of this Contract.
8. Interest of Service Provider. Service Provider (and principals, associates and professional employees of Service Provider) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Service Provider’s services hereunder. Service Provider further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Service Provider is not a designated employee within the meaning of the Political Reform Act because Service Provider possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].
9. Professional Ability of Service Provider. City has relied upon the professional training and ability of Service Provider to perform the services hereunder as a material inducement to enter into this Agreement. Service Provider shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Service Provider under this Agreement shall be in accordance with applicable legal 185
requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Service Provider’s field of expertise.
10. Compliance with Laws. Service Provider shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Service Provider shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials, and employees shall not be liable at law or in equity as a result of any failure of Service Provider to comply with this section.
11. Licenses. Service Provider represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Service Provider to practice its profession. Service Provider represents and warrants to City that Service Provider shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals which are legally required of Service Provider to practice its profession. Service Provider shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Service Provider acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
12. Indemnity. Service Provider hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Service Provider’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.
Service Provider agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Service Provider’s negligent acts, errors, omissions, regarding this Agreement, the Service Provider’s work under this Agreement, or the Service Provider’s Scope of Work.
City does not, and shall not, waive any rights against Service Provider which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Service Provider, of any of the insurance policies hereinafter set forth.
This hold harmless agreement by Service Provider shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Service Provider or any subcontractor, regardless of 186
whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
Service Provider further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses, and causes of action of whatsoever arising out of or in any way connected with this Agreement, and Service Provider’s work under this Agreement.
13. Insurance Requirements.
a. Service Provider, at Service Provider’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Service Provider shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Service Provider shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’
Compensation policies must be received by City at least thirty (30) days prior to such change. Service Provider shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Service Provider for City. ii. Commercial General Liability Coverage. Service Provider shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on the standard
Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Service Provider. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Service Provider shall maintain automobile liability insurance covering bodily injury and property 187
damage for all activities of the Service Provider arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured’s under Service Provider’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the Service Provider, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any selfinsured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Service Provider. iv. The insurer waives all rights of subrogation against City except for Service Provider’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. No policies of insurance carried by Service Provider shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Service Provider shall be responsible for all deductibles in all of Service Provider’s insurance policies.
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Service Provider shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Service Provider shall not commence work under this contract until all insurance required under 188
this section has been approved by City as to form, amount and carrier, nor shall Service Provider allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.
14. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: Housing Manager
City of South Lake Tahoe
1052 Tata Ln.
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Service Provider: Executive Director
Live Violence Free
2941 Lake Tahoe Blvd.
South Lake Tahoe, CA 96150
15. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Service Provider. Assignments of any or all rights, duties or obligations of the Service Provider under this Agreement will be permitted only with the express consent of City. Service Provider shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Service Provider shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
16. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
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17. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.
18. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
19. Prohibited Interests. Service Provider maintains and warrants that it has not employed nor retained any Service Provider or person, other than the independent Service Providers hired in accordance with Service Provider’s standard business practice, to solicit or secure this Agreement. Further, Service Provider warrants that it has not paid nor has it agreed to pay any Service Provider or person, other than a bona fide employee working solely for Service Provider or an independent Service Provider hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
20. Equal Opportunity Employment. Service Provider represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Service Provider shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
21. Drug-Free Workplace Certification. By signing this Agreement, Service Provider hereby certifies under penalty of perjury under the laws of the State of California that the Service Provider will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). 190
b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Service Provider’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Service Provider’s statement as a condition of employment on this Agreement.
Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Service Provider may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Service Provider (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
22. Anti-Lobbying Certification. Service Provider shall submit to City the AntiLobbying Certification contained in Exhibit B. Further, Service Provider shall require that the language of the certification in Exhibit B be included in all contracts or subcontracts entered into in connection with this Agreement and that all Service Providers and Service Providers shall certify and disclose accordingly.
23. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Service Provider assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
24. Americans with Disabilities Act. By signing this Agreement, Service Provider assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et.seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
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25. No Third Party Beneficiaries. This Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties to this Agreement.
26. Amendments. This Agreement may be modified or amended only by a written document executed by both Service Provider and City and approved as to form by the City Attorney.
27. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
28. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Service Provider. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
29. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
30. Time is of the Essence. Time is of the essence for this Agreement.
31. Authority to Enter Agreement. Service Provider has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: LIVE VIOLENCE FREE:
By___________________________ By ________________________________ Tamara Wallace, Mayor Chelcee Thomas, Executive Director Business License # __________________
APPROVED AS TO FORM: ATTEST:
By____________________________ By____________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk 192
Attachments:
Exhibit A – Scope of Services
Exhibit B -- Anti-Lobbying Certification
Exhibit C -- Quarterly Progress Report Template
Exhibit D – Disbursement Request Form
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EXHIBIT A
SCOPE OF SERVICES
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SCOPE OF SERVICES
To: Jessica Wackenhut Lomeli
Housing Manager
City of South Lake Tahoe
1052 Tata Lane, South Lake Tahoe, CA
Office: 530-542-6025
From: Chelcee Thomas
Executive Director
Live Violence Free
[email protected]
2941 Lake Tahoe Blvd
South Lake Tahoe, CA 96150
Date: February 4, 2025
Re: Scope of Work for Pay for Success
About Live Violence Free
Live Violence Free is a partner with our community to support, shelter, and advocate for our neighbors experiencing domestic violence, sexual assault, and child abuse. Live Violence Free provides a range of supportive services to families and individuals experiencing interpersonal violence in the South Lake Tahoe area.
Scope of Work
The following outlines the tasks that Live Violence Free will complete to help administer the Pay for Success program with the City of South Lake Tahoe.
Live Violence Free’s Pay for Success program is a twelve-month intervention plan addressing basic needs, trauma therapy, legal and medical services access, housing placement, and community stabilization. LVF strives to prevent and end domestic violence, sexual assault, and child abuse in El Dorado County by assisting individuals and families seeking safety and securing shelter and support services.
The services provided by LVF will 1) Conduct an intake process; 2) Provide client wrap-around services to ensure a Safety Plan is developed and any other supportive and legal services are provided; 3) Formulate, execute, and monitor the effectiveness of the program. This program provides housing placement and retainment through evidence-based interventions and practices in case management and the resulting plan.
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Live Violence Free shall provide the abovementioned services to a minimum of:
-50 referrals per year from City of South Lake Tahoe Departments (Police, Fire, Development Services, etc.)
-15 individuals per year to be placed in housing
-35 individuals per year remaining in housing
Program Budget (January 1, 2025 — December 31, 2025)
Total Program Budget = $40,000
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EXHIBIT B
ANTI-LOBBYING CERTIFICATION
Service Provider shall submit to City this certification prior to or at the time of the execution of this Agreement.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.
The undersigned certifies, to the best of his or her knowledge or belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.
Live Violence Free:
By:________________________
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EXHIBIT C
Quarterly Progress Report Template
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Pay for Success – Quarterly Progress Report
Quarterly reports are required for all Pay for Success contractsregardless of whether outcomes were achieved. Information obtained in the reports will be used to evaluate progress in meeting Pay for Success contractual obligations.
City staff will use the quarterly reports as a tool to evaluate the program’s effectiveness in providing services to low- and moderate-income persons and households and to ensure that the program is being carried out consistent with the contract.
Reports are due fifteen (15) days after the end of each quarter. Reports must be current in order for the City to release payment under the Pay for Success contract.
Name of Organization: _________________________ ____ Project Name: _____________________________ Reporting Period: _______________________________ Submission Date: ______________________________ Prepared By: ___________________________________
☐ By checking this box, I hereby certify that this information is true and accurate to the best of my knowledge.
Report Period:
First Quarter Third Quarter
Second Quarter Fourth Quarter
I. Project Status Report
1. Brief summary of project progress and number of beneficiaries:
2. If no/little progress to report, explain the circumstances and challenges:
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3. If no/little progress to report, outline plans, steps, and strategies to address the issues:
4. Is there any other information to share regarding current efforts to reduce housing instability and homelessness in the community? 200
EXHIBIT D
Disbursement Request Form
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Recipient:
Contact Person:
Contact Information:
Date:
Reporting Period:
Current Outcomes
TOTAL
Pay for Success - Reimbursement Form
City of South Lake Tahoe - Development Services Department Total Annual Outcomes Grant Award Total Disbursement Request Remaining Balance Intakes per month (Annual) $40,000 $40,000
Referrals from City of South Lake Tahoe
Departments (Annual)
Individuals placed in housing (Annual)
Number of individuals remaining in
housing (Annual)
Exits from programs/services (Annual)
Recipient Authoized Signature: Date: Title:
$0 0 $0
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CITY OF SOUTH LAKE TAHOE
PAY FOR SUCCESS AGREEMENT
This Agreement is made and entered into as of the 25th day of February, 2025 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Tahoe Coalition for the Homeless, a California nonprofit corporation (“Service Provider”).
RECITALS
A. Service Provider is specially trained, experienced, and competent to perform the services which will be required by this Agreement. In its role as part of El Dorado County’s Continuum of Care (CoC), Service Provider coordinates permanent housing programs, shelter and transitional housing, rapid rehousing programs, and supportive services citywide.
B. Service Provider possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein. The City of South Lake Tahoe seeks to leverage Service Provider’s resources and expertise to respond to the need for interim and permanent housing services, and work towards reducing and ending homelessness in South Lake Tahoe.
C. City desires to compensate Service Provider for providing a certain level of service within the City of South Lake Tahoe as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Service Provider shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement.
All services provided by Service Provider pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference.
2. Term/Time of Performance. The services by Service Provider are to commence upon the execution of the Agreement and continue for one year.
3. Compensation. The Maximum of the payments can be made by the City pursuant to this contract is $40,000, subject to the provisions of this contract.
All of the payments under this contract are contingent on the achievement of specific outcomes as further defined and provided in this contract (Exhibit A). 203
4. Method of Payment. Service Provider shall submit outcome-based payments in an amount not to exceed $40,000 to City with the outcomes. Service Provider’s bills shall include a narrative of the services performed and the number of service users assisted in accordance with the Scope of Services. City shall pay Service Provider no later than 30 days after approval of the invoice by City staff.
Tahoe Coalition for the Homeless shall submit a Quarterly Progress Report to the City by the 15th day of each Quarter. The Quarterly Progress Report template is included in Exhibit C and the Disbursement Request form is included under Exhibit D.
5. Termination. This Agreement may be terminated by City or Service Provider immediately for cause or without cause upon thirty (30) days written notice of termination. Upon termination, Service Provider shall be entitled to compensation for services performed up to the effective date of termination.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.
6. Service Provider’s Books and Records.
a. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Service Provider for services provided pursuant to this Agreement. b. Service Provider shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Service Provider’s address indicated for the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Service Provider’s business, City may, by written request by any of the 204
above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices.
Access to such records and documents shall be granted to any party authorized by Service Provider, Service Provider’s representatives, or Service Provider’s successor-in-interest.
7. Independent Service Provider. It is understood that Service Provider, in the performance of the work and services agreed to be performed, shall act independently and shall not act as an agent or employee of City. Service Provider shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Service Provider hereby expressly waives any claim it may have to any such rights. All employees, agents, Service Providers or subcontractors hired or retained by Service Provider are employees, agents, Service Providers or subcontractors of Service Provider and not of the City.
City is not required to make any deductions or withholdings from the compensation payable to Service Provider under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Service Provider’s assigned personnel. Any third party persons employed by Service Provider shall be entirely and exclusively under the direction, supervision, and control of Service Provider. Service Provider hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employeremployee relationship exists by reason of this Contract.
8. Interest of Service Provider. Service Provider (and principals, associates and professional employees of Service Provider) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Service Provider’s services hereunder. Service Provider further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Service Provider is not a designated employee within the meaning of the Political Reform Act because Service Provider possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].
9. Professional Ability of Service Provider. City has relied upon the professional training and ability of Service Provider to perform the services hereunder as a material inducement to enter into this Agreement. Service Provider shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Service Provider under this Agreement shall be in accordance with applicable legal 205
requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Service Provider’s field of expertise.
10. Compliance with Laws. Service Provider shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Service Provider shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials, and employees shall not be liable at law or in equity as a result of any failure of Service Provider to comply with this section.
11. Licenses. Service Provider represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Service Provider to practice its profession. Service Provider represents and warrants to City that Service Provider shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals which are legally required of Service Provider to practice its profession. Service Provider shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Service Provider acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
12. Indemnity. Service Provider hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Service Provider’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.
Service Provider agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Service Provider’s negligent acts, errors, omissions, regarding this Agreement, the Service Provider’s work under this Agreement, or the Service Provider’s Scope of Work.
City does not, and shall not, waive any rights against Service Provider which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Service Provider, of any of the insurance policies hereinafter set forth.
This hold harmless agreement by Service Provider shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Service Provider or any subcontractor, regardless of 206
whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
Service Provider further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses, and causes of action of whatsoever arising out of or in any way connected with this Agreement, and Service Provider’s work under this Agreement.
13. Insurance Requirements.
a. Service Provider, at Service Provider’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Service Provider shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Service Provider shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’
Compensation policies must be received by City at least thirty (30) days prior to such change. Service Provider shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Service Provider for City. ii. Commercial General Liability Coverage. Service Provider shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on the standard
Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Service Provider. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Service Provider shall maintain automobile liability insurance covering bodily injury and property 207
damage for all activities of the Service Provider arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured’s under Service Provider’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the Service Provider, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any selfinsured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Service Provider. iv. The insurer waives all rights of subrogation against City except for Service Provider’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. No policies of insurance carried by Service Provider shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Service Provider shall be responsible for all deductibles in all of Service Provider’s insurance policies.
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Service Provider shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Service Provider shall not commence work under this contract until all insurance required under 208
this section has been approved by City as to form, amount and carrier, nor shall Service Provider allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.
14. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: Housing Manager
City of South Lake Tahoe
1052 Tata Ln.
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Service Provider: Executive Director
Tahoe Coalition for the Homeless
1137 Emerald Bay Rd.
South Lake Tahoe, CA 96150
15. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Service Provider. Assignments of any or all rights, duties or obligations of the Service Provider under this Agreement will be permitted only with the express consent of City. Service Provider shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Service Provider shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
16. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
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17. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.
18. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
19. Prohibited Interests. Service Provider maintains and warrants that it has not employed nor retained any Service Provider or person, other than the independent Service Providers hired in accordance with Service Provider’s standard business practice, to solicit or secure this Agreement. Further, Service Provider warrants that it has not paid nor has it agreed to pay any Service Provider or person, other than a bona fide employee working solely for Service Provider or an independent Service Provider hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
20. Equal Opportunity Employment. Service Provider represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Service Provider shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
21. Drug-Free Workplace Certification. By signing this Agreement, Service Provider hereby certifies under penalty of perjury under the laws of the State of California that the Service Provider will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). 210
b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Service Provider’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Service Provider’s statement as a condition of employment on this Agreement.
Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Service Provider may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Service Provider (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
22. Anti-Lobbying Certification. Service Provider shall submit to City the AntiLobbying Certification contained in Exhibit B. Further, Service Provider shall require that the language of the certification in Exhibit B be included in all contracts or subcontracts entered into in connection with this Agreement and that all Service Providers and Service Providers shall certify and disclose accordingly.
23. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Service Provider assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
24. Americans with Disabilities Act. By signing this Agreement, Service Provider assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et.seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
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25. No Third Party Beneficiaries. This Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties to this Agreement.
26. Amendments. This Agreement may be modified or amended only by a written document executed by both Service Provider and City and approved as to form by the City Attorney.
27. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
28. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Service Provider. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
29. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
30. Time is of the Essence. Time is of the essence for this Agreement.
31. Authority to Enter Agreement. Service Provider has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: TAHOE COALITION FOR THE HOMELESS:
By___________________________ By ________________________________ Tamara Wallace, Mayor Kimberly Peterson, Executive Director Business License # __________________
APPROVED AS TO FORM: ATTEST:
By____________________________ By____________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk
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Attachments:
Exhibit A – Scope of Services
Exhibit B -- Anti-Lobbying Certification
Exhibit C -- Quarterly Progress Report Template
Exhibit D – Disbursement Request Form
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EXHIBIT A
SCOPE OF SERVICES
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SCOPE OF SERVICES
To: Jessica Wackenhut Lomeli
Housing Manager
City of South Lake Tahoe
1052 Tata Lane, South Lake Tahoe, CA
Office: 530-542-6025
From: Kimberly Peterson
Executive Director
Tahoe Coalition for the Homeless
[email protected]
1137 Emerald Bay Road
South Lake Tahoe, CA 96150
Date: February 4, 2025
Re: Scope of Work for Pay for Success
About Tahoe Coalition for the Homeless
Tahoe Coalition for the Homeless (TCH) is a partner with our community to house, shelter, and support our neighbors experiencing or at risk of homelessness to foster their independence.
Tahoe Coalition for the Homeless provides a range of supportive services to unhoused persons experiencing or at-risk of homelessness, in the South Lake Tahoe area and across El Dorado County.
Scope of Work
The following outlines the tasks that Tahoe Coalition for the Homeless will complete to help administer the Pay for Success program with the City of South Lake Tahoe.
Tahoe Coalition for the Homeless’ Pay for Success program is a twelve-month intervention plan addressing basic needs, housing placement, trauma therapy, and community stabilization. TCH strives to prevent and end homelessness in El Dorado County by assisting individuals and families with seeking and securing affordable housing, providing a fourteen-bed shelter, and assistance during critical transition periods, and more.
The services provided by TCH will 1) conduct an intake process that is recorded through the Coordinated Entry System; 2) Provide client wrap-around services to ensure a Housing Plan is developed and any other supportive services are provided; 3) Formulate, execute, and monitor the effectiveness of the program. This program provides housing placement and retainment through evidence-based interventions and practices in case management and the resulting plan.
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Tahoe Coalition for the Homeless shall provide the above mentioned services to persons within the City of South Lake Tahoe, at a minimum of:
-180 Vulnerability Assessments per year (average of 15 per month) - 100 referrals per year from City of South Lake Tahoe Departments (Police, Fire, Development Services, etc.)
-12 households per year to be placed in permanent housing -60 households to remain in housing after one year of placement -25 exits per year from TCH programs/services due to sustainability of housing Program Budget (January 1, 2025 — December 31, 2025)
Total Program Budget = $40,000
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EXHIBIT B
ANTI-LOBBYING CERTIFICATION
Service Provider shall submit to City this certification prior to or at the time of the execution of this Agreement.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.
The undersigned certifies, to the best of his or her knowledge or belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.
Tahoe Coalition for the Homeless:
By:________________________
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EXHIBIT C
Quarterly Progress Report Template
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Pay for Success – Quarterly Progress Report
Quarterly reports are required for all Pay for Success contractsregardless of whether outcomes were achieved. Information obtained in the reports will be used to evaluate progress in meeting Pay for Success contractual obligations.
City staff will use the quarterly reports as a tool to evaluate the program’s effectiveness in providing services to low- and moderate-income persons and households and to ensure that the program is being carried out consistent with the contract.
Reports are due fifteen (15) days after the end of each quarter. Reports must be current in order for the City to release payment under the Pay for Success contract.
Name of Organization: _________________________ ____ Project Name: _____________________________ Reporting Period: _______________________________ Submission Date: ______________________________ Prepared By: ___________________________________
☐ By checking this box, I hereby certify that this information is true and accurate to the best of my knowledge.
Report Period:
First Quarter Third Quarter
Second Quarter Fourth Quarter
I. Project Status Report
1. Brief summary of project progress and number of beneficiaries:
2. If no/little progress to report, explain the circumstances and challenges:
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3. If no/little progress to report, outline plans, steps, and strategies to address the issues:
4. Is there any other information to share regarding current efforts to reduce housing instability and homelessness in the community? 220
EXHIBIT D
Disbursement Request Form
221
Recipient:
Contact Person:
Contact Information:
Date:
Reporting Period:
Current Outcomes
TOTAL
Pay for Success - Reimbursement Form
City of South Lake Tahoe - Development Services Department Total Annual Outcomes Grant Award Total Disbursement Request Remaining Balance Intakes per month (Annual) $40,000 $40,000
Referrals from City of South Lake Tahoe
Departments (Annual)
Individuals placed in housing (Annual)
Number of individuals remaining in
housing (Annual)
Exits from programs/services (Annual)
Recipient Authoized Signature: Date: Title:
$0 0 $0
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Resolution 2025-XXX February 25, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
February 25, 2025
Authorizing $80,000 Budget Appropriations from General Fund Undesignated Excess Reserves for two Pay for Success Agreements with Live Violence Free and Tahoe Coalition for the Homeless
BACKGROUND
A. Homelessness is a nuanced issue, driven in large part by shortfalls in housing supply and affordable housing throughout the region and the state of California B. The number of unsheltered individuals and families in El Dorado County has decreased by 69% while people utilizing emergency shelter and transitional housing increased, since 2021.
C. Responding to homelessness contains nuanced approaches making the coordination of a strategic approach challenging but facilitates better outcomes.
D. On September 10, 2024, City Council was presented with the first Annual Report on Homelessness. At this meeting, staff highlighted the financial concerns at Live Violence Free (LVF) and Tahoe Coalition for the Homeless (TCH).
E. Pay for Success (PFS) is a model that advances solutions to nuanced issues, such as homelessness while generating successful outcomes for families, individuals, and communities.
F. On November 19, 2024, City Council was presented with a Staff Report on the Pay for Success model to help bridge the gap in funding for operational costs for these two local organizations. Councilmember Robbins made the motion, seconded by Councilmember Wallace, to direct staff to develop contracts with Tahoe Coalition for the Homeless and Live Violence Free, based on the Pay for Success model, in an amount not to exceed $40,000 for each agency.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Authorizes the appropriation of funds into the fiscal year 2025/2026 budget as follows:
From General Fund Undesignated Excess Reserve: $80,000
Transfer in Workforce Housing 250-06024-36300: $80,000
Workforce Housing/Contract services: 42025 $80,000
Adopted by the City of South Lake Tahoe City Council on February 25, 2025 by the following vote:
Yes:
No:
Absent:
Abstain:
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Resolution 2025-XXX February 25, 2025 Page 2 of 2
________________________ Date:_________
Tamara Wallace, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: February 25,
2025
Agenda Item #:11
Agenda Item: Purchase of Real Property at 2111-2121 Lake Tahoe Boulevard from BMO Bank N.A.
Executive Summary: The City intends to purchase this property to accommodate construction of a new Fire Station 3 to replace the current facility. The proposed Purchase and Sale Agreement is consistent with a Letter of Intent signed by the parties on August 16, 2024, after discussing the real property negotiations with BMO Bank N.A. in closed session on October 17, 2023, and April 23, 2024. The City is purchasing the property from BMO Bank N.A. at the appraised market value of $940,000.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Purchase and Sale Agreement with BMO Bank N.A. for the purchase of approximately 73,108 square feet of real property in the amount of $940,000, and authorizing the City Manager to execute further documents take further actions necessary to implement the Purchase and Sale Agreement.
Responsible Staff Member: Heather Stroud, City Attorney Joseph Irvin, City Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01-Staff_Report.docx
02 - Purchase and Sale Agreement.pdf
03 - Letter of Intent 8-16-2024.pdf
04 - CBRE Appraisal Report.pdf
05 - Site Map.pdf
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Council Agenda Report- February 25, 2025 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: February 25, 2025
Title: Purchase of Real Property at 2111-2121 Lake Tahoe Boulevard from BMO Bank N.A.
Location: 2111-2121 Lake Tahoe Boulevard
Responsible Staff Members: Heather Stroud, City Attorney (530) 542-6046 Joseph Irvin, City Manager (530) 542-6000
Background: Fire Station 3 was originally built in 1957 with only minor remodels since then.
The original building was not designed as a fire station with essential services in mind. On October 19, 2021, City Council awarded a contract for design services for renovation to JK Architecture for an amount not to exceed $171,000. JK Architecture provided a condition assessment report showing that the facility does not meet current code requirements and has structural, mechanical, and electrical infrastructure issues. Additionally, the facility does not provide an adequate operational, administrative, and housing environment for the Fire Department staff and equipment.
On March 28, 2023, staff updated City Council on the renovation of Fire Station 3, and City Council directed staff to consider four options and return to City Council for additional direction.
The four options were: (A) internal renovation to improve living conditions for firefighters for an estimated cost of $500,000; (B) renovation of existing fire station to address living conditions and ADA requirements for an estimated cost of $3.5 million; (C) new 2-story fire station behind existing Fire Station 3, with demolition of existing fire station upon completion for an estimated cost of $19.25 million; and (D) new one-story fire station on the Bank of the West (now BMO Bank N.A.) property, with existing fire station to be demolished upon completion for an estimated cost of $19.75 million.
Following the March 2023 Council meeting, staff retained the services of RMM consultants, who specialize in fire station design and construction, and provided RRM with a list of requirements for a new fire station. RRM evaluated options C and D, developed schematic drawings, and estimated probable costs for each option. Staff also initiated discussions with BMO Bank N.A. (“BMO”) to inquire about purchasing the vacant property for a new fire station. BMO indicated that they would be willing to sell approximately 1.53 acres to the City for this purpose.
On September 12, 2023, City Council received a presentation from staff on the four options for replacement of Fire Station 3, with Option D being the preferred option by staff. City Council passed a motion (4-0 with Mayor Creegan absent) to direct the City Manager to begin planning to construct a new one-story fire station on the adjacent BMO site for an estimated cost of $19.75 million, $1.1 million for LEED gold certification, and a flashing beacon on US Highway 50. 226
Council Agenda Report- February 25, 2025 Page 2 of 3
City Council discussed the real property negotiations with BMO in closed session on October 17, 2023, and again on April 23, 2024. BMO provided an appraisal report from CBRE showing a market value of $940,000, which price the City Council authorized. The parties reached agreement on a Letter of Intent for the City to purchase this property on August 16, 2024, and a Purchase and Sale Agreement and related documents have been drafted for City Council approval.
Issue and Discussion: The Letter of Intent included a purchase price of $940,000 for approximately 66,253 square feet of vacant land. As part of drafting the Purchase and Sale Agreement, staff contracted for Wood Rogers to survey the property and draft legal descriptions, which has resulted in a slightly increased square footage of 73,108 square feet for the same purchase price.
The Letter of Intent also included an obligation for the City to retire 13,105 square feet of land coverage to benefit the remaining BMO property that contains the bank building. As part of the transaction, the City will process a boundary line adjustment to correct the nonconformity existing on the bank property that is caused by a property line transecting the building, so the two remaining BMO parcels will become one 80,507 square foot parcel. Because the Wood Rogers survey indicated a slightly larger remaining parcel than had been estimated, the coverage the City is retiring in the Excess Land Coverage Covenant (attached to the Purchase and Sale Agreement as Exhibit E) is increased to 15,161 square feet. The City is retiring this coverage from a parcel owned by the City where excess coverage has been banked (APN 032-151-015).
Other terms from the Letter of Intent, which are included in the Purchase and Sale Agreement, are an open space easement over a 14,000 square foot strip of the property conveyed to the City to benefit the remaining BMO property (attached to the Purchase and Sale Agreement as Exhibit G), and a commitment by the City to process a new monument sign application from BMO.
Financial Implications: There are sufficient funds available in the Fire Station 3 capital project account 301-60071 for this purchase. During the Fiscal Year 2022-2023 mid-year budget, $1.5 million of Measure S funds that had previously been set aside for the Fire Station 2 project were transferred to Fire Station 3, based on City Council direction provided at its meeting on September 12, 2023. Since then, an additional $500,000 of Measure S funds have been placed in the Fire Station 3 project account, for a total of $2,000,000.
Environmental Considerations:Purchasing this property is not “approval” of a project under the California Environmental Quality Act (“CEQA”) Guidelines section 15352 because it does not commit the City to a definite course of action. Furthermore, CEQA Guidelines section 15004(b)(2)(A) authorizes an agency to enter into a land acquisition agreement when the agency has conditioned its future use of the site on CEQA compliance, as is the case here. CEQA review will be conducted, if required, prior to approval of the project design for the new Fire Station 3.
Policy Implications: City Council Strategic Plan 2023-2028 Strategic Priority 5 – Core Services and High-Performing Government.
Goal 5.1 Public Safety, Action Item 1: “Ensure substantial investment in public safety by investing in police, fire and snow removal operations and equipment needs…” Goal 5.3 Infrastructure and Maintenance: “Ensure our City has sustainable funding sources to properly maintain infrastructure including roads, snow removal, facilities, recreation sites and trails.”
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Strategic Priority 1 – Built Environment
Goal 1.5 Carbon Neutrality and Grid Reliability: “Implement a variety of projects to reach the City’s 100% renewable energy and Climate Action Plan goals, eventually achieving carbon neutrality. Initiatives include, but are not limited to, power City facilities and fleet with renewable energy. Support community wide deployment of solar, and pursue opportunities for electrification, including transitioning fleet vehicles to electric and building robust EV charging infrastructure by 2025.”
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PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
BY AND BETWEEN
BMO BANK N.A., as Seller
AND
CITY OF SOUTH LAKE TAHOE, as Buyer
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1 PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (this “Agreement”) is made and entered into on February 25, 2025 (the “Effective Date”), between BMO BANK N.A., a national banking association, successor-in-interest to BANK OF THE WEST, a California banking corporation (“Seller”), and the CITY OF SOUTH LAKE TAHOE, a California municipal corporation (“Buyer”), with reference to the following:
A. Seller is the owner of an approximately 73,108 square foot area of unimproved real property located at 2111-2121 Lake Tahoe Boulevard, South Lake Tahoe, California 96150, which is more particularly described on Exhibit A attached hereto (the “Real Property”).
B. Seller desires to sell to Buyer, and Buyer desires to purchase from Seller, the Real Property on the terms and subject to the conditions contained in this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. BASIC TERMS AND DEFINITIONS; REFERENCES.
1.1. Basic Terms and Definitions.
(a) Closing Date. The Close of Escrow shall occur at 5:00 p.m. Pacific Time on a mutually agreed upon date which is not later than one hundred and twenty (120) days after the end of the Due Diligence Period (the “Closing Date”), which may be extended by the mutual agreement of the Parties in the event that the boundary line adjustment of the Real Property described in Section 5.3 has not been approved by such date. (b) Due Diligence Period. The “Due Diligence Period” shall begin on the Effective Date and end at 5:00 p.m. Pacific Time on the date which is sixty (60) days after the Effective Date.
(c) Escrow Holder. The escrow holder shall be First American Title Insurance Company (“Escrow Holder”), whose address is 200 SW Market Street, Suite 250, Portland, OR 97201; Escrow Officer: Rene Moody; Telephone: (503) 795-7611; Email: [email protected]. (d) Parties. Buyer and Seller are individual referred to as a “Party” and collectively as the “Parties.”
(e) Title Company. The title company shall be First American Title Insurance Company (“Title Company”), whose address is whose address is 200 SW Market Street, Suite 250, Portland, OR 97201; Title Coordinator: Lisa Smith; Telephone: (503) 795-7606; Email:
[email protected].
(f) Title Review Period. The “Title Review Period” shall end at 5:00 p.m.
Pacific Time on the date which is five (5) business days after the delivery of the Title Report and the Title Documents to Buyer.
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2 1.2. References. All references to Exhibits refer to Exhibits attached to this Agreement, and all such Exhibits are incorporated herein by this reference as though fully set forth herein. The words “herein,” “hereof,” “hereinafter” and words of similar import refer to this Agreement as a whole and not to any particular Section hereof.
2. PURCHASE AND SALE.
Subject to the terms and conditions of this Agreement, Seller agrees to sell, assign and transfer to Buyer and Buyer agrees to purchase from Seller, all of Seller’s right, title, and interest in and to the following (collectively, the “Property”):
2.1. Real Property. The Real Property, together with any improvements located thereon (collectively, the “Improvements”); all references hereinafter made to the Real Property shall be deemed to include all rights, privileges, easements, and appurtenances benefiting the Real Property and/or the Improvements situated thereon, including, without limitation, all mineral and water rights and all easements, rights-of-way and other appurtenances used or connected with the beneficial use or enjoyment of the Real Property; and
2.2. Intangible Property. All of Seller’s interest in any intangible property used or useful in connection with the Real Property, if any, to the extent assignable, including, without limitation, all contract rights, warranties, guaranties, licenses, permits, entitlements, governmental approvals, and certificates of occupancy which benefit the Real Property.
3. PURCHASE PRICE AND DEPOSIT.
3.1. Purchase Price. The purchase price for the Property shall be Nine Hundred and Forty Thousand Dollars ($940,000) (the “Purchase Price”).
3.2. Payment of Purchase Price. The Purchase Price shall be payable as follows:
(a) Deposit. As soon as reasonably practicable after the Effective Date, Buyer and Seller shall establish an escrow account with Escrow Holder (the “Escrow Account”). No later than five (5) business days after the establishment of the Escrow Account, Buyer shall deposit with Escrow Holder in immediately available funds an amount equal to Fifteen Thousand Dollars ($15,000) (the “Deposit”). Any interest earned on the Deposit shall accrue to the benefit of Buyer.
Upon expiration of the Due Diligence Period, if Buyer has not previously terminated this Agreement in accordance with its terms, then the Deposit shall become nonrefundable. (b) Balance of Purchase Price. Provided all the conditions in Section 7.1 hereof have been satisfied or waived by Buyer, Buyer shall deposit with Escrow Holder at least one (1) business day prior to the Closing Date in immediately available funds an amount equal to the Purchase Price, less the Deposit, plus or minus the escrow fees, title charges, and closing costs set forth in Section 9.2, all in accordance with the Final Closing Statement.
3.3. Disposition of Deposit Upon Failure to Close. If the Close of Escrow fails to occur due to Buyer’s default under this Agreement, then the disposition of the Deposit shall be governed by Section 12.1. If the Close of Escrow fails to occur due to Seller’s default under this Agreement and all of the conditions to Seller’s obligation to close have been satisfied or waived 231
3 by Buyer, then the Deposit shall promptly be refunded to Buyer. If the Close of Escrow fails to occur due to the failure of any of the conditions set forth in Sections 7.1 or 7.2 or elsewhere in this Agreement for any reason other than as a result of Buyer’s or Seller’s default under this Agreement, then the disposition of the Deposit shall be governed by Section 9.3.
4. TITLE REVIEW; INSPECTIONS AND DUE DILIGENCE; CONFIDENTIALITY.
4.1. Seller Documents. Within five (5) days following the Effective Date, Seller will deliver to Buyer true, correct, and completed copies of all material documentation and reports in Seller’s facilities group’s possession pertaining to the Property as reasonably requested by Buyer (collectively, the “Seller Documents”). If Seller obtains any additional Seller Documents prior to the Close of Escrow, Seller shall promptly deliver copies of such documents to Buyer.
4.2. Title and Survey Review; Title Policy.
(a) Delivery of Title Report and Survey. Seller shall deliver to Buyer (i) a preliminary title report covering the Real Property (the “Title Report”), together with copies of all documents (collectively, the “Title Documents”) referenced in the Title Report, and (ii) a copy of the most recent survey of the Real Property, if any, in Seller’s facilities group’s possession (the “Survey”). Buyer, at its sole option and expense, may obtain an additional title report (or title commitment) or survey for the Real Property. Buyer understands and acknowledges that if Buyer elects to obtain any additional title report (or title commitment) or survey, the completion and/or delivery of such additional title report (or title commitment) or survey shall not be a condition precedent to the Close of Escrow. Notwithstanding the foregoing, Buyer further acknowledges that Seller makes no representations or warranties, and Seller shall have no responsibility, with respect to the completeness of the Title Report, Title Documents, or Survey made available to Buyer. (b) Title Review and Cure. Commencing from the Effective Date and continuing through and including the Title Review Period, Buyer shall have the right to approve or disapprove the condition of title to the Real Property. On or before the expiration of the Title Review Period, Buyer shall deliver to Seller and Escrow Holder written notice (“Buyer’s Title Notice”) of Buyer’s approval or disapproval of the matters reflected in the Title Report and any additional title report (or title commitment) or survey obtained by Buyer; Buyer’s Title Notice delivered by Buyer to Seller must state that it is a “Buyer’s Title Notice being delivered in accordance with the provisions of Section 4.2(b) the Purchase and Sale Agreement.” The failure of Buyer to deliver the Buyer’s Title Notice to Seller on or before the expiration of the Title Review Period shall be deemed to constitute Buyer’s approval of the condition of title to the Real Property.
If Buyer disapproves any matter of title shown in the Title Report obtained by Buyer for the Real Property, then Seller may, but shall have no obligation to, within five (5) business days after Seller’s receipt of the Buyer’s Title Notice for the Real Property (“Seller’s Election Period”), elect to eliminate or ameliorate to Buyer’s reasonable satisfaction the disapproved title matters by giving Buyer written notice (“Seller’s Title Notice”) of those disapproved title matters, if any, which Seller agrees to so eliminate or ameliorate by the Closing Date. Buyer acknowledges and agrees that any title exception disapproved by Buyer shall be deemed ameliorated to Buyer’s reasonable satisfaction to the extent that Seller either causes such exception to be removed from the Title Policy or to be affirmatively insured over. If Seller does not elect to, or is unable to, eliminate or ameliorate any disapproved title matters, Buyer reasonably disapproves Seller’s Title 232
4 Notice, or Seller fails to timely deliver Seller’s Title Notice, then Buyer shall have the right, upon delivery to Seller and Escrow Holder (on or before five (5) days following the expiration of Seller’s Election Period) of a written notice, to either: (i) waive its prior disapproval, in which event said disapproved matters shall be deemed approved; or (ii) terminate this Agreement and the Escrow.
Failure to take either one of the actions described in clauses (i) and (ii) above shall be deemed to be Buyer’s election to take the action described in clause (i) above. If Buyer elects to terminate this Agreement as provided in clause (ii) above, this Agreement shall immediately terminate upon receipt of written notice thereof, and the Parties shall be released from all further obligations under this Agreement (except for any provisions which by their terms survive a termination of this Agreement), and the Deposit shall be promptly returned to Buyer. Buyer shall have been deemed to have approved any title exception that Seller is not obligated to remove and to which either Buyer did not object as provided above, or to which Buyer did object, but with respect to which Buyer did not terminate this Agreement. In the event that Buyer terminates this Agreement pursuant to this Section 4.2(b), Buyer shall pay all escrow and title fees or similar charges of Escrow Holder and Title Company incurred in connection with the transactions described herein, which obligation shall survive the termination of this Agreement, and Buyer hereby authorizes Escrow Holder to deduct such amounts from the Deposit.
(c) Delivery of Title Policy at Closing. As a condition precedent to Buyer’s obligation to proceed to the Close of Escrow, the Title Company shall have issued and delivered to Buyer, or shall have committed to issue and deliver to Buyer, with respect to the Real Property, a Standard Coverage Owner’s Policy of Title Insurance (the “Title Policy”) issued by the Title Company as of the date and time of the recording of the Deed for the Real Property in the amount of the Purchase Price insuring Buyer as owner of good, marketable, and indefeasible fee simple title to the Real Property, subject only to the Permitted Exceptions. For purposes of this Agreement, “Permitted Exceptions” shall mean and include (i) any lien to secure payment of real estate taxes, including special assessments, not then-delinquent, (ii) all matters which could be revealed or disclosed by a physical inspection or a survey of the Real Property and matters affecting the Real Property which are created by or with the written consent of Buyer or which do not materially and deleteriously affect Buyer’s contemplated use of the Real Property, (iii) all exceptions disclosed by the Title Report relating to the Real Property and which are approved or deemed approved by Buyer in accordance with Section 4.2(b), and (iv) all applicable laws, ordinances, rules, and governmental regulations (“Applicable Laws”) (including, without limitation, those relating to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Real Property.
4.3. Inspections; Due Diligence Period; Other Disclosures; Confidentiality. (a) Inspections in General. Commencing from the Effective Date and continuing through and including the expiration of the Due Diligence Period, Buyer, its agents, and employees shall have a limited license (the “License”) to enter upon the Real Property for the purpose of making non-invasive inspections at Buyer’s sole risk, cost, and expense. All of such entries upon the Real Property may not cause interference to the business operations conducted on the areas adjacent to the Real Property owned by Seller, and shall be at reasonable times during normal business hours and after at least forty eight (48) hours’ prior notice to Seller or Seller’s designated agent, and Seller or Seller’s designated agent shall have the right to accompany Buyer during any activities performed by Buyer on the Real Property. At Seller’s request, Buyer shall 233
5 provide Seller (at no cost to Seller) with a copy of the results of any tests and inspections made by Buyer, excluding only market and economic feasibility studies. If any inspection or test disturbs the Real Property, Buyer will restore the Real Property to the same condition as existed before the inspection or test. Buyer shall defend, protect, and indemnify Seller and hold Seller, Seller’s trustees, directors, officers, tenants, agents, contractors, employees and affiliated entities and the Real Property harmless from and against any and all losses, costs, damages, claims, or liabilities, including but not limited to, mechanic’s and materialmen’s liens and Seller’s attorneys’ fees, arising out of or in connection with Buyer’s inspection of the Real Property. Prior to Buyer or Buyer’s Representatives entering onto the Property pursuant to the License, Buyer shall maintain or cause to be maintained, at Buyer’s expense, a policy of commercial general liability insurance, with a broad form contractual liability endorsement and with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage, automobile liability coverage including owned and hired vehicles with a combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage, and an excess umbrella liability policy for bodily injury and property damage in the amount of Five Million Dollars ($5,000,000), insuring Buyer and Seller, as additional insureds, against any injuries or damages to persons or property that may result from or are related to (i) Buyer’s and/or Buyer’s Representatives entry upon the Property, (ii) any inspections, investigations or other activities conducted thereon, and/or (iii) any and all other activities undertaken by Buyer and/or Buyer’s Representatives, all of which insurance shall be on an “occurrence form” and otherwise in such forms acceptable to Seller and with an insurance company acceptable to Seller, and deliver a copy of a certificate of insurance naming Seller as an additional insured prior to the first entry on the Property. As used in this Agreement, “Buyer’s Representatives” shall mean Buyer’s directors, officers, employees, affiliates, partners, members, brokers, agents or other representatives, including, without limitation, attorneys, accountants, contractors, consultants, engineers and financial advisors. The License shall be deemed revoked upon termination of this Agreement.
(b) Environmental Inspections. The inspections under Section 4.3(a) may include non-invasive Phase I environmental inspections of the Real Property, but no Phase II environmental inspections or other invasive inspections or sampling of soil or materials, including without limitation construction materials, either as part of the Phase I inspections or any other inspections, shall be performed without the prior written consent of Seller, which may be withheld in its sole and absolute discretion, and if consented to by Seller, the proposed scope of work and the party who will perform the work shall be subject to Seller’s review and approval. At Seller’s request, Buyer shall deliver to Seller (at no cost to Seller) copies of any Phase II or other environmental reports to which Seller consents as provided above. (c) Termination During Due Diligence Period. If Buyer determines, in its sole discretion, before the expiration of the Due Diligence Period, that the Real Property is unacceptable for Buyer’s purposes, Buyer shall have the right to terminate this Agreement by giving to Seller notice of termination (a “Termination Notice”) before the expiration of the Due Diligence Period, in which event the Deposit shall be promptly refunded to Buyer in accordance with this Agreement, and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the Parties shall have no further obligations hereunder. If Buyer fails to deliver a Termination Notice to Seller and Escrow Holder on or before the expiration of the Due Diligence Period, then Buyer shall be deemed to be satisfied with all aspects of all the 234
6 Property, including, without limitation, the condition and suitability of all of the Property for Buyer’s intended use, and Buyer shall be obligated to acquire the Property in accordance with the provisions of this Agreement. Buyer’s delivery of a Termination Notice to Seller with respect to the Property shall constitute Buyer’s election to terminate this Agreement with respect to the Property as provided above in this Section 4.3(c). In the event that Buyer terminates this Agreement pursuant to this Section 4.3(c), Buyer shall pay all escrow and title fees or similar charges of Escrow Holder and Title Company incurred in connection with the transactions described herein, which obligation shall survive the termination of this Agreement, and Buyer hereby authorizes Escrow Holder to deduct such amounts from the Deposit.
4.4. Confidentiality. Prior to the Close of Escrow or in the event the Close of Escrow does not occur, all information, other than matters of public record or matters generally known to the public, furnished to, or obtained through inspection of the Real Property by, Buyer, its affiliates, lenders, employees, attorneys, accountants and other professionals or agents relating to the Real Property, will be treated by Buyer, its affiliates, lenders, employees and agents as confidential, and will not be disclosed to anyone (except as reasonably required in connection with Buyer’s evaluation of the Real Property) except to Buyer’s consultants who agree to maintain the confidentiality of such information to the extent permitted under Applicable Law, and will be returned to Seller by Buyer if the Close of Escrow does not occur. Seller and Buyer agree not to make any public announcements with respect to the subject matter hereof without the prior written consent of the other Party. The confidentiality provisions of this Section 4.4 shall not apply to any disclosures made by Buyer or Seller as required by Applicable Law, by court order, or in connection with any subpoena served upon Buyer or Seller; provided Buyer and Seller shall provide each other with written notice before making any such disclosure to the extent permitted by Applicable Law. The provisions of this Section 4.4 shall survive the Close of Escrow or the earlier termination of this Agreement.
5. OPERATIONS AND RISK OF LOSS; SUBDIVISION; EXCESS LAND COVERAGE; OPEN SPACE EASEMENT; SIGNAGE.
5.1. New Contracts. Seller will not enter into any contract that will be an obligation affecting the Real Property after the Effective Date (except contracts entered into in the ordinary course of business that are terminable without cause on thirty (30) days’ notice), without the prior consent of Buyer, which shall not be unreasonably withheld, conditioned, or delayed. To the extent that Buyer has a right to consent to any new contract relating to the Real Property pursuant to the terms of this Section 5.1, Buyer shall be deemed to have consented to any such new contract if it has not notified Seller specifying with particularity the matters to which Buyer reasonably objects, within five (5) days after Buyer’s receipt of Seller’s written request for consent, together with a copy of the applicable contract.
5.2. Condemnation or Damage.
(a) Condemnation. Subject to the terms of this Section 5.2, risk of loss resulting from any condemnation or eminent domain proceeding which is commenced or has been threatened against the Real Property before the Close of Escrow shall remain with Seller. If, before the Close of Escrow, the Real Property or any “material portion” thereof shall be subjected to a bona fide threat of condemnation or shall become the subject of any proceedings, judicial, 235
7 administrative or otherwise, with respect to the taking by eminent domain or condemnation, then Buyer may elect to terminate this Agreement by delivering written notice of such election to Seller within five (5) days after Seller provides written notice to Buyer of the material taking, in which event Buyer shall no longer be obligated to purchase, and Seller shall no longer be obligated to sell, the Real Property. If Buyer elects to terminate this Agreement pursuant to this Section 5.2(a), the Parties shall be released from all further obligations under this Agreement (except for any provisions which by their terms survive a termination of this Agreement), and the Deposit shall be promptly returned to Buyer. If the Closing Date is within the five (5) day period referenced above, then the Close of Escrow shall be extended to the next business day following the end of such five (5) day period. If Buyer does not timely deliver such notice of termination, then this Agreement shall remain in full force and effect, the purchase contemplated herein, less any interest taken by eminent domain or condemnation, shall be effected with no further adjustment, and upon the Close of Escrow, Seller shall assign, transfer and set over to Buyer all of the right, title and interest of Seller in and to any awards that have been or that may thereafter be made for such taking. For purposes of this Section 5.2(a), the phrase “material portion” means a portion of the Real Property that is at least ten percent (10%) of the total square footage of the Real Property. (b) Damage. Seller shall promptly notify Buyer (the “Damage Notice”) of any material damage to all or substantially all of the Real Property (including due to fire, flood, infestation, degradation of vegetation, or any other cause) that occurs prior to the Close of Escrow.
If any such material damage to the Property would materially and adversely affect Buyer’s intended use of the Property after the Closing Date and would require Buyer to incur significant restoration or repair costs in order to bring the Property into a condition substantially similar to the condition in which the Property exists on the Effective Date, then, within five (5) Business Days after Buyer’s receipt of the Damage Notice, Buyer may notify Seller (the “Negotiation Notice”) of its desire to negotiate in good faith with Seller regarding a potential modification to the Purchase Price on account of such material damage. If Buyer timely delivers the Negotiation Notice to Seller, then for a period of five (5) Business Days thereafter, the Parties will negotiate in good faith a potential modification to the Purchase Price on account of such material damage. If the then-applicable Closing Date is scheduled to occur prior to the expiration of such five (5) Business Day period, then the Closing Date will be automatically extended to occur on the first Business Day following the expiration of such five (5) Business Day period. If for any reason the Parties are unable to mutually agree upon a modification to the Purchase Price within such five (5) Business Day period, then within two (2) Business Days after the expiration of such five (5) Business Day period, Buyer may, at its option, elect to terminate this Agreement by providing written notice thereof to Seller, in which event Buyer shall no longer be obligated to purchase, and Seller shall no longer be obligated to sell, the Real Property, the Deposit shall be promptly returned to Buyer, and except as otherwise provided herein no Party shall have any further rights or obligations hereunder. If Buyer does not elect to terminate this Agreement within the two (2) Business Day period described above, Buyer will be deemed to have conclusively elected to not terminate this Agreement, and the Close of Escrow will occur on the then-applicable Closing Date in accordance with this Agreement.
5.3. Boundary Line Adjustment of Real Property. As of the Effective Date, the Real Property constitutes an undivided portion of a larger area of real property owned by Seller. As a condition precedent to Seller’s obligation to proceed to the Close of Escrow, Buyer, at its sole cost and expense, shall work collaboratively and in good faith with Seller and the Title Company to 236
8 process, and effectuate as part of the Close of Escrow, a boundary line adjustment of the Real Property with the larger area of real property owned by Seller to be retained by Seller following the boundary line adjustment of the Real Property, which consists of 80,507 square feet and is described on Exhibit B (the “Seller Retained Land”) in conformance with all Applicable Laws and subject to Seller’s reasonable satisfaction (collectively, the “Boundary Line Adjustment”).
If, as of the Closing Date, the Boundary Line Adjustment has not been approved in conformance with all Applicable Laws and to Seller’s reasonable satisfaction such that the Real Property is able to be conveyed to Buyer as part of the Close of Escrow, then such occurrence will be deemed to be an unsatisfied condition to Seller’s obligation to proceed to the Close of Escrow, Seller will be permitted to terminate this Agreement, and the provisions of Section 9.3 will apply.
5.4. Excess Land Coverage. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property to Buyer, Buyer has agreed to retire 15,161 square feet of land coverage for the benefit of the Seller Retained Land to be used, in whole or in part, in connection with any project on the Seller Retained Land that requires land coverage to be mitigated in accordance with Applicable Laws. As a condition precedent to Seller’s obligation to proceed to the Close of Escrow, Buyer, at its sole cost and expense, shall record on title for the benefit of the Seller Retained Land the land mitigation described in this Section 5.4, which will be in the form attached hereto as Exhibit E (the “Excess Land Coverage Covenant”). Buyer represents and warrants that the Excess Land Coverage Covenant, upon its recordation on title for the benefit of the Seller Retained Land in connection with the Close of Escrow, will be satisfactory evidence of such mitigation under Applicable Laws, and will entitle Seller to take advantage of and apply such mitigation without the requirement to obtain any consents or approvals from any governmental authority or to purchase any mitigation from any person or entity. The representation and warranty set forth in the immediately preceding sentence will survive the Close of Escrow.
5.5. Open Space Easement. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property to Buyer, Buyer has agreed to enter into, and as a condition precedent to Seller’s obligation to proceed to the Close of Escrow, shall record on title for the Real Property in connection with the Close of Escrow an open space easement in the form attached hereto as Exhibit G (the “Open Space Easement”), which, among other things, memorializes Buyer’s obligation to maintain, at Buyer’s sole cost and expense, an approximately fourteen thousand (14,000) square feet area on the Real Property adjacent to the Seller Retained Land identified in the Open Space Easement as open green space in perpetuity in accordance with the terms and conditions of the Open Space Easement.
5.6. Signage. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property to Buyer, Buyer agrees to timely process an application from Seller for the construction of a new monument sign in a location consistent with the requirements of South Lake Tahoe City Code section 6.40.360 (the “New Monument Sign”).
All details of the New Monument Sign will be determined by Seller (e.g., size, specific location, content to be displayed, etc.), but will be subject to the prior approval of Buyer in accordance with Applicable Laws. All costs and expenses in connection with the design, construction, and installation of the New Monument Sign will be the responsibility of Seller. For the avoidance of doubt, all signage serving the Seller Retained Land in existence as of the Effective Date (including, specifically, the monument sign adjacent to the Seller Retained Land on Lake Tahoe Boulevard) will be permitted to remain after the Close of Escrow. Seller agrees to relinquish any signage rights 237
9 related to the Real Property as part of the Close of Escrow (the “Real Property Signage Rights”).
If, as of the Closing Date, final approval for the construction of the New Monument Sign has not been obtained, then such occurrence will be deemed to be an unsatisfied condition to Seller’s obligation to proceed to the Close of Escrow, Seller will be permitted to terminate this Agreement, and the provisions of Section 9.3 will apply.
6. SELLER’S AND BUYER’S DELIVERIES.
6.1. Seller’s Deliveries into Escrow. No less than one (1) business day prior to the Closing Date, Seller shall deliver into Escrow to the Escrow Holder the following:
(a) Deed. A grant deed in the form attached hereto as Exhibit C (the “Deed”), executed and acknowledged by Seller, conveying Seller’s title to the Real Property to the Buyer. (b) Open Space Easement. Two (2) originals of the Open Space Easement executed by Seller.
(c) Bill of Sale. Two (2) originals of the Bill of Sale substantially in the form attached hereto as Exhibit D (the “Bill of Sale”), executed by Seller. (d) State Law Disclosures. Such disclosures and reports as are required by Applicable Law in connection with the conveyance of the Real Property, if any. (e) FIRPTA. A Foreign Investment in Real Property Tax Act affidavit executed by Seller in the form attached hereto as Exhibit F. (f) Boundary Line Adjustment/New Monument Sign. Any other documents that the Parties mutually agree are necessary or desirable in order to effectuate the Boundary Line Adjustment or the construction of the New Monument Sign, if any.
6.2. Buyer’s Deliveries into Escrow. No less than one (1) business day prior to the Closing Date, Buyer shall deliver into Escrow to the Escrow Holder the following:
(a) Purchase Price. The Purchase Price, less the Deposit that is applied to the Purchase Price, plus or minus applicable escrow, title charges and closing costs set forth in Section 9.2, all in accordance with the Final Closing Statement, deposited by Buyer with the Escrow Holder in immediate, same-day federal funds wired for credit into the Escrow Account and deposited in the Escrow Account no later than 2:00 p.m. Pacific Time one (1) business day prior to the Closing Date.
(b) Bill of Sale. Two (2) originals of the Bill of Sale executed by Buyer. (c) Open Space Easement. Two (2) originals of the Open Space Easement executed by Buyer.
(d) Excess Land Coverage Covenant. Two (2) originals of the Excess Land Coverage Covenant, executed by Buyer.
238
10 (e) Date-Down Certificate. A certificate of Buyer that the representations and warranties of Buyer set forth in Section 11 are true and correct in all material respects as of the Closing Date in a form reasonably satisfactory to Seller, executed by Buyer. (f) Boundary Line Adjustment/New Monument Sign. Any other documents that the Parties mutually agree are necessary or desirable in order to effectuate the Boundary Line Adjustment or the construction of the New Monument Sign, if any. (g) Additional Documents. Any additional documents that Escrow Holder or the Title Company may reasonably require for the proper consummation of the transaction contemplated by this Agreement.
6.3. Closing Statements/Escrow Fees. Concurrently with the Close of Escrow, Seller and Buyer shall deposit with the Escrow Holder executed copies of the Final Closing Statement.
7. CONDITIONS TO BUYER’S AND SELLER’S OBLIGATIONS.
7.1. Conditions to Buyer’s Obligations. The Close of Escrow and Buyer’s obligation to consummate the transaction contemplated by this Agreement are subject to the satisfaction of the following conditions for Buyer’s benefit (or Buyer’s waiver thereof, it being agreed that Buyer may waive any or all of such conditions) on or prior to the Closing Date or on the dates designated below for the satisfaction of such conditions:
(a) As of the Closing Date, Seller shall have performed all obligations of Seller hereunder in all material respects and made all deliveries required to be made by Seller as of the Close of Escrow;
(b) There shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, pending or threatened in writing against Seller that would materially and adversely affect Seller’s ability to perform its respective obligations under this Agreement; and (c) There shall exist no pending or threatened in writing action, suit or proceeding with respect to Seller before or by any court or administrative agency which seeks to restrain or prohibit, or to obtain damages or a discovery order with respect to, this Agreement or the consummation of the transaction contemplated hereby.
7.2. Conditions to Seller’s Obligations. The Close of Escrow and Seller’s obligations to consummate the transaction contemplated by this Agreement are subject to the satisfaction of the following conditions for Seller’s benefit (or Seller’s waiver thereof, it being agreed that Seller may waive any or all of such conditions) on or prior to the Closing Date or the dates designated below for the satisfaction of such conditions:
(a) All of Buyer’s representations and warranties contained herein shall be true and correct in all material respects as of the Effective Date and as of the Closing Date; (b) As of the Closing Date, Buyer shall have performed all obligations of Buyer hereunder and made all deliveries required to be made by Buyer as of the Close of Escrow; 239
11 (c) There shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, pending or threatened in writing against Buyer that would materially and adversely affect Buyer’s ability to perform its obligations under this Agreement; and (d) There shall exist no pending or threatened in writing action, suit or proceeding with respect to Buyer before or by any court or administrative agency which seeks to restrain or prohibit, or to obtain damages or a discovery order with respect to, this Agreement or the consummation of the transaction contemplated hereby.
7.3. Failure of Conditions. Neither Party may rely on the failure of any of the conditions for the benefit of such Party set forth in Section 7.1, 7.2, or elsewhere in this Agreement if such failure was caused by such Party’s failure to act in good faith or to use its commercially reasonable efforts to cause the Close of Escrow to occur.
8. CLOSE OF ESCROW; POSSESSION.
8.1. Close of Escrow. The “Close of Escrow” shall mean and refer to Seller’s receipt of the Purchase Price and the other amounts due Seller in accordance with the provisions of Section 9.1(c). The Escrow and Buyer’s right to purchase the Real Property will terminate automatically if the Close of Escrow does not occur on or before 5:00 p.m. Pacific Time on the Closing Date, unless otherwise agreed by the Parties.
8.2. Possession. Sole and exclusive possession of the Real Property, subject only to the Permitted Exceptions, shall be delivered to Buyer on the Closing Date.
8.3. Closing Statements.
(a) Preliminary Closing Statement. As early as reasonably practicable before the Closing Date, but in no event later than two (2) business days before the Closing Date, Seller and Buyer shall coordinate with the Escrow Holder to prepare a draft settlement statement (the “Preliminary Closing Statement”) setting forth the Purchase Price as increased or decreased by the prorations provided in this Agreement, which shall be based on the Parties’ good faith estimates; provided that a proration against the Purchase Price in the amount of Seven Thousand One Hundred Dollars ($7,100) will be included, which reflects Seller’s agreed upon portion of the costs of certain survey work performed by Buyer prior to the Effective Date. (b) Final Closing Statement. Seller and Buyer shall coordinate with the Escrow Holder to update the Preliminary Closing Statement to more accurately set forth the prorations and adjustments provided in this Agreement as of the Closing Date. The updated Preliminary Closing Statement approved by Seller and Buyer will be the final closing statement executed by Seller and Buyer at the Close of Escrow (the “Final Closing Statement”). The Escrow Holder shall disburse amounts held by the Escrow Holder in connection with this Agreement in accordance with the Final Closing Statement. The prorations and adjustments set forth on the Final Closing Statement will be final as between the Parties, except to the extent any such items are re-adjusted after the Close of Escrow pursuant to this Agreement.
9. ESCROW.
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12 9.1. Closing. The escrow (the “Escrow”) for the consummation of this transaction shall be established with Escrow Holder at the address indicated in Section 1.1 by the deposit of a signed copy of this Agreement with Escrow Holder contemporaneously with the execution hereof. This Agreement shall constitute both an agreement among Buyer and Seller and escrow instructions for Escrow Holder. If Escrow Holder requires separate or additional escrow instructions which it deems necessary, Seller and Buyer hereby agree promptly upon request by Escrow Holder to execute and deliver to Escrow Holder such separate or additional escrow instructions (the “Additional Instructions”). In the event of any conflict or inconsistency between this Agreement and the Additional Instructions, this Agreement shall prevail and govern, and the Additional Instructions shall so provide. The Additional Instructions shall not modify or amend the provisions of this Agreement unless otherwise agreed to in writing by Seller and Buyer.
On the Closing Date, provided that the conditions set forth in Sections 7.1 and 7.2 and elsewhere in this Agreement have been satisfied or waived, Escrow Holder shall take the following actions in the order indicated below:
(a) With respect to all closing documents delivered to Escrow Holder hereunder, and to the extent necessary, Escrow Holder is authorized to insert into all blanks requiring the insertion of the date of the recordation of the Deed or such other date as Escrow Holder may be instructed in writing by Seller and Buyer; (b) Take any remaining steps to effectuate the Boundary Line Adjustment; (c) Record the Deed in the official records of the County in which the Real Property is located;
(d) Deliver to Seller in immediately available funds (i) the Purchase Price, plus or minus, as the case may be, the amounts determined in accordance with the provisions of Section 9.2, all in accordance with the Final Closing Statement and (ii) those items referred to in Section 6.2;
(e) Deliver to Seller and Buyer a conformed copy of the recorded Deed; (f) Deliver to Buyer those items referred to in Section 6.1; (g) Cause the Title Company to issue the Title Policy for the Real Property in accordance with the provisions of Section 4.2(c); and
(h) Deliver to Seller and Buyer the Final Closing Statement which has been certified by Escrow Holder to be true and correct.
9.2. Escrow and Title Charges.
(a) Upon the Close of Escrow, escrow, title charges, and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: (A) the premiums for the Title Policy, (B) all documentary transfer taxes payable in connection with the consummation of the transactions 241
13 contemplated by this Agreement; and (C) one-half (1/2) of any escrow fees or similar charges of Escrow Holder.
(ii) Buyer shall pay (A) the cost of recording the Deed, and (B) one-half (1/2) of any escrow fees or similar charges of Escrow Holder. If Buyer desires ALTA extended coverage for any Title Policy, Buyer shall pay the premiums and any additional costs (including any survey costs) for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if required by Buyer. (iii) Buyer shall pay all costs incurred in connection with Buyer’s obtaining any additional title report (or title commitment) or survey for the Real Property. (b) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer’s and Seller’s attorneys’ fees, shall be borne and paid by the Party incurring same.
(c) If the Close of Escrow does not occur by reason of Buyer’s or Seller’s default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the Party in default.
9.3. Procedures Upon Failure of Condition. Except as otherwise expressly provided herein, if any condition set forth in Section 7.1 or 7.2 or elsewhere in this Agreement is not timely satisfied or waived for any reason other than the default of Buyer or Seller in the performance of its respective obligations under this Agreement:
(a) This Agreement, the Escrow and the respective rights and obligations of Seller and Buyer hereunder, shall terminate (except for the rights and obligations arising pursuant to any provisions of this Agreement which by their terms shall survive a termination of this Agreement) at the written election of the Party for whose benefit such condition was imposed, which written election must be made upon the first to occur of (i) three (3) business days after the date such condition was to be satisfied, or (ii) the date the Close of Escrow was to occur, but in no event later than the Closing Date;
(b) Escrow Holder shall promptly return to Seller and Buyer all documents deposited by them respectively, which are then held by Escrow Holder; (c) In the event this Agreement is terminated by (i) Buyer in accordance with this Agreement due to the failure to occur of a condition for the benefit of Buyer, Escrow Holder shall promptly return to Buyer all funds of Buyer in its possession, including the Deposit and all interest accrued thereon, and (ii) Seller in accordance with this Agreement due to the failure to occur of a condition for the benefit of Seller, Escrow Holder will disburse to Seller the Deposit and all interest accrued thereon, and return any remaining funds of Buyer in its possession; and (d) Any escrow cancellation and title charges shall be borne by the nonterminating Party.
10. AS-IS CONDITION.
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14 As of the expiration of the Due Diligence Period, Buyer will have:
10.1. examined and inspected the Property and will be satisfied with the physical condition, quality, quantity, and state of repair of the Property in all respects, including, without limitation, the compliance of the Real Property with the Americans With Disabilities Act of 1990 Pub.L. 101-336, 104 Stat. 327 (1990), and any comparable local or state laws (collectively, the “ADA”) and by proceeding with this transaction following the expiration of the Due Diligence Period shall be deemed to have determined that the same is satisfactory to Buyer;
10.2. reviewed all instruments, records, and documents which Buyer deems appropriate or advisable to review in connection with this transaction, including without limitation, any and all architectural drawings, plans, specifications, surveys, building, and occupancy permits, and any licenses, leases, contracts, warranties and guarantees relating to the Real Property, and Buyer, by proceeding with this transaction following the expiration of the Due Diligence Period, shall be deemed to have determined that the same and the information and data contained therein and evidenced thereby are satisfactory to Buyer;
10.3. reviewed all Applicable Laws (including, but not limited to, those relating to building, zoning and land use) affecting the development, use, occupancy, or enjoyment of the Real Property, and Buyer, by proceeding with this transaction following the expiration of the Due Diligence Period, shall be deemed to have determined that the same are satisfactory to Buyer; and
10.4. at its own cost and expense, made its own independent investigation respecting the Property and all other aspects of this transaction, and shall have relied thereon and on the advice of its consultants in entering into this Agreement, and Buyer, by proceeding with this transaction following the expiration of the Due Diligence Period, shall be deemed to have determined that the same are satisfactory to Buyer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRANSACTION
CONTEMPLATED IN THIS AGREEMENT IS MADE AND WILL BE MADE WITHOUT
REPRESENTATION, COVENANT, OR WARRANTY OF ANY KIND (WHETHER
EXPRESS, IMPLIED, OR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STATUTORY) BY SELLER. AS A MATERIAL PART OF THE CONSIDERATION FOR THIS AGREEMENT, BUYER AGREES TO ACCEPT THE PROPERTY ON AN “AS IS” AND “WHERE IS” BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION OR WARRANTY, ALL OF WHICH SELLER HEREBY DISCLAIMS. NO WARRANTY OR
REPRESENTATION IS MADE BY SELLER AS TO FITNESS FOR ANY PARTICULAR
PURPOSE, MERCHANTABILITY, DESIGN, QUALITY, CONDITION, OPERATION OR
INCOME, COMPLIANCE WITH DRAWINGS OR SPECIFICATIONS, ABSENCE OF
DEFECTS, ABSENCE OF HAZARDOUS OR TOXIC SUBSTANCES, ABSENCE OF
FAULTS, FLOODING, OR COMPLIANCE WITH APPLICABLE LAWS INCLUDING,
WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, THE ADA. BUYER
ACKNOWLEDGES THAT BUYER HAS ENTERED INTO THIS AGREEMENT WITH THE
INTENTION OF MAKING AND RELYING UPON ITS OWN INVESTIGATION OF THE
PHYSICAL, ENVIRONMENTAL, ECONOMIC USE, COMPLIANCE, AND LEGAL
CONDITION OF THE PROPERTY AND THAT BUYER IS NOT NOW RELYING, AND WILL 243
15 NOT LATER RELY, UPON ANY REPRESENTATIONS AND WARRANTIES MADE BY
SELLER OR ANYONE ACTING OR CLAIMING TO ACT, BY, THROUGH OR UNDER OR ON SELLER’S BEHALF CONCERNING THE PROPERTY. ADDITIONALLY, BUYER AND SELLER HEREBY AGREE THAT, (A) BUYER IS TAKING THE PROPERTY “AS IS” WITH
ALL LATENT AND PATENT DEFECTS AND THERE IS NO WARRANTY BY SELLER
THAT THE PROPERTY IS FIT FOR A PARTICULAR PURPOSE, (B) BUYER IS SOLELY
RELYING UPON ITS EXAMINATION OF THE PROPERTY, AND (C) BUYER TAKES THE
PROPERTY UNDER THIS AGREEMENT UNDER THE EXPRESS UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES.
WITH RESPECT TO THE FOLLOWING, BUYER FURTHER ACKNOWLEDGES AND
AGREES THAT SELLER SHALL NOT HAVE ANY LIABILITY, OBLIGATION, OR
RESPONSIBILITY OF ANY KIND AND THAT SELLER HAS MADE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO:
(A) THE CONTENT OR ACCURACY OF ANY REPORT, STUDY, OPINION, OR
CONCLUSION OF ANY SOILS, TOXIC, ENVIRONMENTAL, OR OTHER
ENGINEER OR OTHER PERSON OR ENTITY WHO HAS EXAMINED THE PROPERTY OR ANY ASPECT THEREOF;
(B) THE CONTENT OR ACCURACY OF ANY OF THE ITEMS DELIVERED TO BUYER PURSUANT TO BUYER’S REVIEW OF THE CONDITION OF THE PROPERTY; OR
(C) THE CONTENT OR ACCURACY OF ANY PROJECTION, FINANCIAL, OR
MARKETING ANALYSIS OR OTHER INFORMATION GIVEN TO BUYER
BY SELLER OR REVIEWED BY BUYER WITH RESPECT TO THE
PROPERTY.
BUYER ALSO ACKNOWLEDGES THAT THE REAL PROPERTY MAY OR MAY NOT
CONTAIN ASBESTOS AND, IF THE REAL PROPERTY CONTAINS ASBESTOS, THAT
BUYER MAY OR MAY NOT BE REQUIRED TO REMEDIATE ANY ASBESTOS CONDITION IN ACCORDANCE WITH APPLICABLE LAW.
BUYER IS OR WILL BE AS OF THE CLOSE OF ESCROW, FAMILIAR WITH THE REAL PROPERTY AND ITS SUITABILITY FOR BUYER’S INTENDED USE. THE PROVISIONS OF THIS SECTION 10 SHALL SURVIVE INDEFINITELY ANY CLOSING OR
TERMINATION OF THIS AGREEMENT AND SHALL NOT BE MERGED INTO THE DOCUMENTS EXECUTED AT CLOSE OF ESCROW.
11. BUYER’S COVENANTS, REPRESENTATIONS, AND WARRANTIES; RELEASE; ERISA INDEMNIFICATION.
In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property to Buyer, Buyer makes the following covenants, representations, and warranties:
11.1. Authority. Buyer has the legal right, power, and authority to enter into this 244
16 Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement have been duly authorized and no other action by Buyer is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein. There is no agreement to which Buyer is a party or to Buyer’s knowledge binding on Buyer which is in conflict with this Agreement. Buyer is duly organized, validly existing, and in good standing under the State of California and is qualified to do business, with full power and authority to enter into and execute this Agreement, and to consummate the transactions contemplated hereby. The consummation of the transactions contemplated hereby and this Agreement constitutes the legal, valid, and binding obligation of Buyer, enforceable against Buyer in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, moratorium, reorganization, or other similar laws affecting debtors’ and creditors’ rights generally and general equitable provisions. Neither the execution of this Agreement nor the performance by Buyer of its obligations hereunder will violate, be in conflict with, result in a breach of, or constitute (with due notice or lapse of time, or both) a default under any Applicable Law.
11.2. Release. By proceeding with this transaction following the expiration of the Due Diligence Period, Buyer shall be deemed to have made its own independent investigation of the Property and the presence of Hazardous Materials on the Real Property as Buyer deems appropriate. Accordingly, Buyer, on behalf of itself and all of its officers, directors, shareholders, employees, representatives, and affiliated entities (collectively, the “Releasors”) hereby expressly waives and relinquishes any and all rights and remedies Releasors may now or hereafter have against Seller, its successors and assigns, partners, shareholders, officers, and/or directors and affiliated entities (the “Seller Parties”), whether known or unknown, which may arise from or be related to (a) the physical condition, quality, quantity, and state of repair of the Real Property and the prior management and operation of the Real Property, (b) the Real Property’s compliance or lack of compliance with any Applicable Laws, and (c) any past, present, or future presence or existence of Hazardous Materials on, under, or about the Real Property or with respect to any past, present, or future violation of any rules, regulations, or Applicable Laws, now or hereafter enacted, regulating or governing the use, handling, storage or disposal of Hazardous Materials, including, without limitation, (i) any and all rights and remedies Releasors may now or hereafter have under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 6901, et seq.) (“CERCLA”), the Resources Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.), the Clean Water Act (33 U.S.C. Section 1251, et seq.), the Safe Drinking Water Act (14 U.S.C. Section 1401, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), and the Toxic Substance Control Act (15 U.S.C. Section 2601, et seq.), the California Hazardous Waste Control Law (California Health and Safety Code Section 25100, et seq.), the Porter-Cologne Water Quality Control Act (California Water Code Section 13000, et seq.), and the Safe Drinking Water and Toxic Enforcement Act of 1986 (California Health and Safety Code Section 25249.5, et seq.), all as amended, and any similar state, local or federal environmental law, rule or regulation, and (ii) any and all claims, whether known or unknown, now or hereafter existing, with respect to the Real Property under Section 107 of CERCLA (42 U.S.C.A. §9607). As used herein, the term “Hazardous Materials” means (A) any materials, substances, or wastes which are toxic, ignitable, corrosive, or reactive and which are regulated by any local governmental authority, or any agency of the United States government, (B) any other material, substance, or waste which is defined or regulated as hazardous or toxic pursuant to any Applicable Laws, including the laws, rules, 245
17 regulations or orders of the United States government, or any local governmental body, and (C) the following specific substances: asbestos, petroleum and petroleum based products, formaldehyde, polychlorinated biphenyls PCBs, and freon and other chlorofluorocarbons.
BUYER, ON BEHALF OF ITSELF AND THE OTHER RELEASORS, HEREBY
ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH IS SET FORTH BELOW:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
BUYER, ON BEHALF OF ITSELF AND THE OTHER RELEASORS, HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE
MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER, ON
BEHALF OF ITSELF AND THE OTHER RELEASORS, HEREBY ASSUMES ALL RISK AND
LIABILITY RESULTING OR ARISING FROM, OR RELATING TO THE OWNERSHIP, USE,
CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF, THE PROPERTY.
THE FOREGOING WAIVERS, RELEASES AND AGREEMENTS BY BUYER, ON
BEHALF OF ITSELF AND THE OTHER RELEASORS, SHALL SURVIVE THE CLOSE OF
ESCROW AND THE RECORDATION OF THE DEED AND SHALL NOT BE DEEMED MERGED INTO THE DEED UPON ITS RECORDATION.
11.3. ERISA. Buyer is not purchasing any of the Property with “plan assets” of an Employee Benefit Plan subject to Title I of the Employee Retirement Income Security Act of 1974 (as amended from time to time, the “Act,” and together with any regulation, rule or judicial or administrative case, order, or pronouncement arising under or connected with the Act, “ERISA”) or of a plan subject to Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”). Buyer shall take all actions reasonably requested by Seller for the purpose of ensuring, to Seller’s satisfaction, that the transactions contemplated herein will comply with ERISA and not result in an imposition of an excise tax under Section 4975 of the Code; such actions shall include, without limitation, the making of such further representations and warranties as Seller’s counsel reasonably deems necessary to ensure that neither this Agreement nor any of the transactions contemplated herein will violate ERISA or result in an imposition of an excise tax under Section 4975 of the Code. In the event that this Agreement, or any transaction or other action by Seller in connection herewith, shall be deemed to violate ERISA or result in an imposition of an excise tax under Section 4975 of the Code, Seller may immediately terminate this Agreement (without any liability to Seller) in accordance with, and subject to the terms and conditions of, Section 9.3 as if such termination arose from a failed condition under Section 9.3. 246
18 11.4. Terrorism Laws. Neither Buyer nor any of its affiliates, nor any of their respective partners, members, shareholders or other equity owners, and their respective employees, officers, directors, representatives or agents, is a person or entity described by Section 1 of the Executive Order (No. 13,224) Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, 66 Fed. Reg. 49,079 (September 24, 2001), or engages in any dealings or transactions, and is not otherwise associated, with any such persons or entities or any Forbidden Entity (as hereafter defined). A “Forbidden Entity” is defined as (a) the governments of Cuba, Iran, North Korea, Myanmar, Syria and Sudan (each, a “Prohibited Country”) and any of their agencies, including but not limited to political units and subdivisions (each, a “Prohibited Government”); (b) any company that (i) is wholly or partially managed or controlled by a Prohibited Government, (ii) is established, organized under, or whose principal place of business is in any Prohibited Country, (iii) has failed to submit an affidavit following request therefor averring that it does not own or control any property or asset in and has not and does not transact business with any Prohibited Country; and (iv) any publicly traded company identified by an independent researcher specializing in global security as (A) owning or controlling property or assets or having employees or facilities located in, (B) providing goods or services to or obtaining goods or services from, (C) having distribution agreements with, issuing credits or loans to or purchasing bonds or commercial paper issued by, or (D) investing in any Prohibited Country or any company domiciled in any Prohibited Country. For purposes of this Section 11.4, a “company” is any entity whether publicly traded or privately owned capable of affecting commerce, including but not limited to, a government, government agency, natural person, legal person, sole proprietorship, partnership, firm, corporation, subsidiary, affiliate, franchisor, franchisee, joint venture, trade association, financial institution, utility, public franchise, provider of financial services, trust, or enterprise and any association thereof.
12. DEFAULT AND DAMAGES.
12.1. DEFAULT BY BUYER. BUYER AND SELLER HEREBY ACKNOWLEDGE
AND AGREE THAT, IN THE EVENT THE CLOSE OF ESCROW FAILS TO OCCUR DUE
TO A BUYER DEFAULT, SELLER WILL SUFFER DAMAGES IN AN AMOUNT WHICH
WILL, DUE TO THE SPECIAL NATURE OF THE TRANSACTION CONTEMPLATED BY
THIS AGREEMENT AND THE SPECIAL NATURE OF THE NEGOTIATIONS WHICH
PRECEDED THIS AGREEMENT, BE IMPRACTICAL OR EXTREMELY DIFFICULT TO ASCERTAIN. IN ADDITION, BUYER WISHES TO HAVE A LIMITATION PLACED UPON
THE POTENTIAL LIABILITY OF BUYER TO SELLER IN THE EVENT THE CLOSE OF
ESCROW FAILS TO OCCUR DUE TO A BUYER DEFAULT, AND WISHES TO INDUCE
SELLER TO WAIVE OTHER REMEDIES WHICH SELLER MAY HAVE IN THE EVENT OF A BUYER DEFAULT. BUYER AND SELLER, AFTER REASONABLE ENDEAVORS AND
DUE NEGOTIATION, HEREBY ACKNOWLEDGE AND AGREE THAT THE AMOUNT OF
DAMAGES TO BE INCURRED BY SELLER IN THE EVENT OF A DEFAULT BY BUYER
ARE DIFFICULT TO ESTIMATE AS OF THE EFFECTIVE DATE AND AS SUCH THE
AMOUNT OF THE DEPOSIT REPRESENTS A REASONABLE ESTIMATE OF THE
DAMAGES WHICH SELLER WILL SUSTAIN IN THE EVENT OF SUCH BUYER DEFAULT. BUYER AND SELLER HEREBY AGREE THAT SELLER MAY, IN THE EVENT
THE CLOSE OF ESCROW FAILS TO OCCUR DUE TO A BUYER DEFAULT, TERMINATE
THIS AGREEMENT BY WRITTEN NOTICE TO BUYER AND ESCROW HOLDER,
CANCEL THE ESCROW AND RECEIVE OR RETAIN (IF SELLER ALREADY HOLDS THE 247
19 DEPOSIT) THE DEPOSIT AS LIQUIDATED DAMAGES AND ESCROW HOLDER SHALL
IMMEDIATELY DELIVER (UNLESS IT HAS ALREADY DONE SO) THE DEPOSIT TO SELLER. SUCH RETENTION OF THE DEPOSIT BY SELLER IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO SECTIONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE AND SHALL NOT BE DEEMED TO CONSTITUTE A FORFEITURE OR PENALTY WITHIN THE MEANING OF SECTION 3275 OR SECTION 3369 OF THE CALIFORNIA CIVIL CODE, OR ANY SIMILAR PROVISION.
NOTHING IN THIS SECTION 12.1 SHALL IMPAIR OR LIMIT THE
EFFECTIVENESS OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATIONS OF BUYER CONTAINED IN SECTIONS 4.3(A) AND 13. SELLER AND BUYER
ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS SECTION 12.1 AND AGREE TO BE BOUND BY ITS TERMS.
12.2. Default by Seller. If (a) Seller fails to complete the sale of the Property in accordance with this Agreement at the Close of Escrow (with all of the conditions to Seller’s obligations to close having been satisfied or waived), or (b) there is a material breach or material default by Seller in the performance of any of its obligations under this Agreement that is not cured by Seller within five (5) business days after the delivery of written notice thereof from Buyer to Seller, then in either case, Buyer’s sole and exclusive remedy shall be to terminate this Agreement and receive the return by the Escrow Holder to Buyer of the Deposit. Buyer hereby expressly waives the right to any additional rights or remedies on account of the occurrences described in clauses (a) and (b) above, to the greatest extent permitted by Applicable Law. This Agreement confers no present right, title, or interest in the Property to Buyer and Buyer agrees not to file a lis pendens or other similar notice against the Real Property.
13. BROKERS’ COMMISSIONS.
Except for, CBRE, Inc., Seller’s broker, who may become entitled to a commission upon the Close of Escrow pursuant to separate agreements, neither Party has had any contact or dealing regarding the Real Property, or any communication in connection with the subject matter of this transaction, through any licensed real estate broker or other person who can claim a right to a commission or finder’s fee as a procuring cause of the sale contemplated herein. In the event that any other broker or finder perfects a claim for a commission or finder’s fee, the Party responsible for the contact or communication on which the broker or finder perfected such claim shall indemnify, hold harmless, and defend the other Party from said claim and all costs and expenses (including reasonable attorneys’ fees) incurred by the other Party in defending against the same.
The provisions of this Section 13 shall survive the Close of Escrow or the earlier termination of this Agreement. Seller will advise Escrow Holder as to the portion of the broker commissions, if any, that are to be deducted from the Purchase Price payable to Seller at the Close of Escrow.
14. MISCELLANEOUS PROVISIONS.
14.1. Notices. All written notices or demands of any kind which either Party may be required or may desire to serve on the other Party in connection with this Agreement shall be (a) served by personal service, (b) sent by registered or certified mail, (c) sent by recognized overnight courier service, or (d) sent by electronic mail. Any such notice or demand so to be served 248
20 by registered or certified mail, recognized overnight courier service or electronic mail shall be delivered with all applicable delivery charges thereon fully prepaid and, if the Party so to be served be Buyer, addressed to Buyer as follows:
City Manager
City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Email: [email protected]
With a copy to:
City Attorney
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 301
South Lake Tahoe, CA 96150
Email: [email protected]
and, if the Party so to be served be Seller, addressed to Seller as follows:
BMO Bank N.A.
Attn: Procurement – Property Administration
P.O. Box 755
Chicago, IL 60690
Email: [email protected]
With a copy to:
BMO Transaction Management’s General Email:
Email: [email protected]
and, if the Party to be served be Escrow Holder, to the address set forth in Section 1.1(c).
Service of any such notice or demand so made by personal delivery, registered or certified mail, recognized overnight courier or electronic mail shall be deemed complete on the date of actual delivery (provided that a copy of such notice or demand delivered by electronic mail is also delivered by any of the other methods provided above within one (1) business day following receipt of such electronic mail), as applicable, or at the expiration of the third (3rd) business day after the date of dispatch, whichever is earlier in time. Either Party may from time to time, by notice in writing served upon the other Party in accordance with this Section 14.1, designate a different mailing address to which or a different person to whose attention all such notices or demands are thereafter to be addressed. Any notice or demand may be given either by a Party or by such Party’s attorney.
14.2. Assignment; Binding on Successors and Assigns. Buyer shall not assign, transfer, or convey its rights or obligations under this Agreement or with respect to the Property without the prior written consent of Seller, which consent Seller may withhold in its sole and absolute 249
21 discretion. Any attempted assignment without the prior written consent of Seller shall be void and Buyer shall be deemed in default hereunder. Any permitted assignment shall not relieve Buyer from its liability under this Agreement. Subject to the foregoing, and except as provided to the contrary herein, the terms, covenants, conditions and warranties contained herein and the powers granted hereby shall inure to the benefit of and bind all Parties hereto and their respective heirs, executors, administrators, successors, and assigns, and all subsequent owners of the Property.
Notwithstanding anything in this Section 14.2 to the contrary, Buyer shall have the right, without Seller’s prior written approval but upon prior written notice to Seller, to assign this Agreement to an affiliate entity of Buyer wholly owned and controlled by Buyer. In the event of a permitted assignment pursuant to the preceding sentence, the permitted assignee shall assume in writing all of Buyer’s obligations hereunder pursuant to an assignment and assumption agreement in form and content acceptable to Seller, Seller shall receive an original of such assignment and assumption agreement signed by Buyer and the permitted assignee, and Buyer shall remain liable jointly and severally with the permitted assignee for all obligations and indemnifications hereunder notwithstanding such assignment.
14.3. Further Assurances. In addition to the acts and deeds recited herein and contemplated to be performed, executed or delivered by Seller or Buyer, Seller and Buyer hereby agree to perform, execute and deliver, or cause to be performed, executed and delivered, on the Closing Date or thereafter any and all such further acts, deeds and assurances as Buyer or Seller, as the case may be, may reasonably require in order to consummate fully the transactions contemplated hereunder.
14.4. Intentionally Deleted.
14.5. Survival. Except as otherwise expressly set forth or limited herein, the covenants, representations, warranties and agreements contained in this Agreement shall not survive the Close of Escrow or the termination of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, (i) the indemnification provisions of Section 4.3(a) (Inspections in General) and Section 13 (Brokers’ Commissions); (ii) the provisions of Section 4.4 (Confidentiality), Section 10 (As-Is Condition), Section 11.2 (Release), Section 11.3 (ERISA), Section 11.4 (Terrorism Laws), Section 12.1 (Default by Buyer), Section 12.2 (Default by Seller), Section 14.7 (Governing Law), Section 14.15 (Procedure for Indemnity), Section 14.17 (Dispute Resolution; Waiver of Jury Trial), Section 14.18 (No Personal Liability), Section 14.20 (No Recordation), and Section 14.21 (Waiver of Defenses); and (iii) Buyer’s obligation to pay all escrow and title fees or similar charges of Escrow Holder and Title Company incurred in connection with the transactions described herein as set forth in Section 4.2(b) (Title Review and Cure) and Section 4.3(c) (Termination During Due Diligence Period), along with any other terms or conditions which expressly or by their nature are intended to survive the termination of this Agreement or the Close of Escrow, shall survive the termination of this Agreement or the Close of Escrow without limitation, and shall not be merged with the recording of the Deed.
14.6. Entire Agreement. This Agreement contains the entire agreement and understanding of the Parties in respect to the subject matter hereof, and the Parties intend for the literal words of this Agreement to govern and for all prior negotiations, drafts, and other extrinsic communications, whether oral or written, to have no significance or evidentiary effect. The Parties further intend that neither this Agreement nor any of its provisions may be changed, amended, 250
22 discharged, waived, or otherwise modified except only by an instrument in writing duly executed by the Parties. The Parties fully understand and acknowledge the importance of the foregoing sentence and are aware that Applicable Laws may permit subsequent oral modification of a contract notwithstanding contract language which requires that any such modification be in writing; but Buyer and Seller fully and expressly intend that the foregoing requirements as to a writing be strictly adhered to and strictly interpreted and enforced by any court which may be asked to decide the question. Each Party acknowledges that this Agreement accurately reflects the agreements and understandings of the Parties with respect to the subject matter hereof and hereby waive any claim against the other Party which such Party may now have or may hereafter acquire to the effect that the actual agreements and understandings of the Parties with respect to the subject matter hereof may not be accurately set forth in this Agreement.
14.7. Governing Law. This Agreement shall be governed by the laws of the State of California, without regard to its conflict-of-laws provisions or the conflicts-of-laws provisions of any other jurisdiction.
14.8. Counterparts. This Agreement may be executed in one or more copies or counterparts, each of which when signed shall be an original, but all of which together shall constitute one Agreement. This Agreement may be in the form of an Electronic Record and may be executed using Electronic Signatures (including manually executed paper documents that are sent by facsimile, .pdf, or other electronic means), which shall be considered an original and shall have the same legal effect, validity and enforceability as an original paper record. For purposes hereof, each of the terms “Electronic Record” and “Electronic Signature” has the respective meaning assigned to it in 15 USC §7006 (as the same may be amended from time to time).
14.9. Headings; Construction. The various headings of this Agreement are included for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision hereof. When the context and construction so require, all words used in the singular herein shall be deemed to have been used in the plural and the masculine shall include the feminine and the neuter and vice versa. The use in this Agreement of the term “including” and related terms such as “include” shall in all cases mean “without limitation.” All references to “days” in this Agreement shall be construed to mean calendar days unless otherwise expressly provided and all references to “business days” shall be construed to mean days on which California state chartered banks are open for business.
14.10. Time of Essence. Seller and Buyer hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation, and provision hereof.
14.11. Partial Validity; Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by Applicable Law.
14.12. No Third-Party Beneficiaries. This Agreement is for the sole and exclusive 251
23 benefit of the Parties and their respective permitted successors and assigns, and no third party is intended to, or shall have, any rights hereunder.
14.13. Joint Product of Parties. This Agreement is the result of arms-length negotiations between Seller and Buyer and their respective attorneys. Accordingly, neither Party shall be deemed to be the author of this Agreement and this Agreement shall not be construed accordingly against either Party.
14.14. Calculation of Time Periods. Unless otherwise specified, in computing any period of time described herein, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included at, unless such last day is a Saturday, Sunday, or a national legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. Unless otherwise expressly provided herein, the last day of any period of time described herein shall be deemed to end at 5:00 p.m. Pacific Time.
14.15. Procedure for Indemnity. The following provisions govern actions for indemnity under this Agreement. Promptly after receipt by an indemnitee of notice of any claim for which the indemnitee is entitled to indemnification under this Agreement, the indemnitee may deliver to the indemnitor written notice thereof and, promptly after the receipt of such written notice, the indemnitor will assume the defense of such claim. The failure of indemnitee to deliver written notice to the indemnitor within a reasonable time after indemnitee receives notice of any such claim shall relieve such indemnitor of any liability to the indemnitee under this indemnity only if and to the extent that such failure is prejudicial to its ability to defend such action. If the indemnitor does not promptly assume the defense of the applicable claim, the indemnitee may settle or compromise such claim on such terms as the indemnitee may reasonably deem appropriate, and the indemnitor will reimburse the indemnitee for the cost of such settlement, including attorneys’ fees. The indemnitee shall have the right to participate in such claim at its sole cost and expense.
An indemnitee shall have the right to retain its own counsel, with the fees and expenses to be paid by the indemnitor, if the indemnitee reasonably believes that representation of such indemnitee by the counsel retained by the indemnitor would be inappropriate due to actual or potential differing interests between such indemnitee and any other party represented by such counsel in such proceeding. If an indemnitee settles a claim without the prior written consent of the indemnitor, then the indemnitor shall be released from liability with respect to such claim unless the indemnitor has unreasonably withheld such consent.
14.16. Waiver of CC Section 1662. Seller and Buyer each expressly waive the provisions of California Civil Code Section 1662 and hereby agree that the provisions of Section 5.2 shall govern their obligations in the event of damage or destruction to the Real Property or condemnation of all or part of the Real Property
14.17. Dispute Resolution. If there is any dispute related to or arising out of this Agreement or the interpretation of the terms of this Agreement (a “Dispute”), the Parties will attempt in good faith to resolve such Dispute by informal negotiation for a period of not less than thirty (30) days. If, after thirty (30) days of good-faith informal negotiations, the Parties have been unable to resolve the Dispute, then either Party may submit such Dispute to nonbinding confidential mediation for a period of not less than thirty (30) days by providing written notice 252
24 thereof to the other Party (the “Mediation Notice”). If the Parties cannot agree on a mediator within ten (10) Business Days after the delivery of a Mediation Notice, then, at the written request of either Party, the International Institute for Conflict Prevention and Resolution (or any other entity mutually agreed upon by the Parties) will designate the mediator. If, after thirty (30) days of nonbinding confidential mediation, the Parties have been unable to resolve the Dispute, the Parties agree to the exclusive jurisdiction of the state courts located in El Dorado County, California for the resolution of such Dispute. In furtherance of the foregoing, each Party hereby knowingly and voluntarily waives any rights to a trial by jury in any Dispute or any other matter whatsoever arising out of or in any way connected with this Agreement or any document or instrument delivered in connection with this Agreement or the relationship of the Parties under this Agreement.
14.18. No Personal Liability. Notwithstanding anything stated to the contrary herein, Seller’s liability under this Agreement shall be limited to Seller’s interest in the Property. Neither Seller, Buyer, Seller’s or Buyer’s constituent partners, Seller’s or Buyer’s asset manager, nor Seller’s or Buyer’s directors, employees or agents shall have any personal liability hereunder.
Notwithstanding anything to the contrary in this Agreement, in no event will a Party be liable to the other Party for any consequential, special, indirect, incidental, punitive, exemplary, or similar damages (e.g., damages for loss of use, business, or profit), unless, and then solely to the extent, such damages are required to be paid to a third party with respect to a third-party claim.
14.19. Reporting Person. Buyer and Seller hereby designate Title Company as the “reporting person” pursuant to the provisions of Section 6045(e) of the Internal Revenue Code of 1986, as amended.
14.20. No Recordation. Without the prior written consent of Seller, there shall be no recordation of either this Agreement or any memorandum hereof, or any affidavit pertaining hereto, and any such recordation of this Agreement or memorandum hereof by Buyer without the prior written consent of Seller shall constitute a default hereunder by Buyer, whereupon this Agreement shall, at the option of Seller, terminate and be of no further force and effect and the Deposit hereunder shall be immediately delivered to Seller, whereupon the Parties shall have no further duties or obligations one to the other, except as otherwise expressly provided herein.
Notwithstanding any such termination, Buyer shall be obligated to execute an instrument in recordable form releasing this Agreement, and Buyer’s obligations pursuant to this Section 14.20 shall survive any termination of this Agreement as a surviving obligation.
14.21. Waiver of Defenses. By execution of this Agreement, Buyer expressly waives or abrogates, to the fullest extent permitted by Applicable Law, any defense to any legal action that may be brought by Seller in connection with this Agreement or the transactions contemplated by this Agreement based on sovereign immunity or any similar or related defense.
14.22. Drafts Not an Offer to Enter into a Legally Binding Contract. The Parties agree that the submission of a draft of this Agreement by one Party to another is not intended by either Party to be an offer to enter into a legally binding contract with respect to the purchase and sale of the Property. The Parties shall be legally bound with respect to the purchase and sale of the Property pursuant to the terms of this Agreement only if and when both Seller and Buyer have fully executed and delivered to each other a counterpart of this Agreement. 253
25 [SIGNATURE PAGE FOLLOWS]
254
[Signature Page to Purchase and Sale Agreement and Escrow Instructions] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
BUYER:
CITY OF SOUTH LAKE TAHOE, a
political subdivision of the State of
California
By: _______________________
Name: Tamara Wallace
Its: Mayor
APPROVED AS TO FORM
By: _______________________
Name: Heather L. Stroud
Its: City Attorney
SELLER:
BMO BANK N.A., a national banking
association, successor-in-interest to BANK
OF THE WEST, a California banking
corporation
By:_______________________
Name: Michael Curley
Its: Senior Manager, Transactions &
Strategic Initiatives
By:_______________________
Name: Grant Harris
Its: Director, U.S. Transactions & Strategic
Initiatives
AGREED TO AS TO PROVISIONS RELATING TO ESCROW HOLDER:
ESCROW HOLDER:
By:_______________________
Name: Rene Moody
Its: Escrow Officer
255
List of Exhibits
LIST OF EXHIBITS
EXHIBIT A -- Description of Real Property
EXHIBIT B -- Description of Seller Retained Land
EXHIBIT C -- Form of Grant Deed
EXHIBIT D -- Form of Bill of Sale
EXHIBIT E -- Excess Land Coverage Covenant
EXHIBIT F -- Form of FIRPTA Affidavit
EXHIBIT G -- Form of Open Space Easement
256
Exhibit A
EXHIBIT A
Description of Real Property
That parcel identified as Parcel Nos. 4&5, Bk. 2396 / OR / 607, and identified as El Dorado County Assessor Parcel Number 023-201-072 and consisting of approximately 22,572 square feet,
and the parcel described below:
257
Exhibit B
EXHIBIT B
Description of Seller Retained Land
258
Exhibit C
Exhibit C
Form of Deed
259
RECORDING REQUESTED BY:
City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, CA 96150
WHEN RECORDED MAIL TO:
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
Attn: Heather Stroud, City Attorney
Assessor's Parcel Number(s): ____________ THIS SPACE ABOVE FOR RECORDER’S USE
GRANT DEED
The undersigned Grantor hereby declares:
DOCUMENTARY TRANSFER TAX: County $[____] and City $[_____] ( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ________or ( ) City of South Lake Tahoe, and ( ) There is no Documentary Transfer Tax due (state reason and give Code § or Ordinance Number): .
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, BMO BANK N.A., a national banking association, successor-in-interest to BANK OF THE WEST, a California banking corporation (“Grantor”), hereby grants to the CITY OF SOUTH LAKE TAHOE, a California municipal corporation (“Grantee”), that certain real property situated in El Dorado County, California, described on Exhibit A attached hereto and by this reference incorporated herein and subject specifically to those items listed on Exhibit B attached hereto.
EXECUTED as of this ________________, 2025.
[signature page follows]
260
[Signature Page to Grant Deed]
GRANTOR:
BMO BANK N.A., a national banking association,
By:_______________________
Name: Michael Curley
Its: Senior Manager, Transactions & Strategic Initiatives By:_______________________
Name: Grant Harris
Its: Director, U.S. Transactions & Strategic Initiatives
261
[Signature Page to Grant Deed]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
262
[Signature Page to Grant Deed]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
263
Exhibit A to Grant Deed
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
That parcel identified as Parcel Nos. 4&5, Bk. 2396 / OR / 607, and identified as El Dorado County Assessor Parcel Number 023-201-072 and consisting of approximately 22,572 square feet,
and the parcel described below:
264
Exhibit B to Grant Deed
EXHIBIT B
PERMITTED ENCUMBRANCES
[To be added]
265
Exhibit D
EXHIBIT D
Form of Bill of Sale
[See attached]
266
1 BILL OF SALE
This Bill of Sale (this “Assignment”) is executed and delivered as of _______________, 2025 pursuant to that certain Purchase and Sale Agreement and Escrow Instructions (the “Agreement”) dated _______________, 2025, by and between the CITY OF SOUTH LAKE TAHOE, a political subdivision of the State of California (“Buyer”), and BMO Bank N.A., a national banking association (“Seller”), covering the real property described in Exhibit A attached hereto (“Property”).
1. Sale of Personalty. For good and valuable consideration, Seller hereby sells, transfers, sets over, and conveys to Buyer the following (the “Intangible Property”):
(a) Intangible Property. All the right, title, and interest of Seller, if any, in and to assignable licenses and permits relating to the operation of the Property, assignable guaranties and warranties from any contractor, manufacturer, or other person in connection with the construction or operation of the Property, and the right to use the name of the Property (if any), but specifically excluding any right, title, or interest of Seller in any trademarks, service marks, and trade names of Seller and with reservation by Seller to use such name in connection with other property owned by Seller in the vicinity of the Property.
2. Agreement Applies. The Intangible Property is being transferred to Buyer on an “as is,” and “where is” basis, with all faults, and without any representation or warranty, all of which Seller hereby disclaims, all as more particularly set forth in Section 10 of the Agreement, which Section 10 shall be, and hereby is, incorporated herein by reference.
3. Counterparts. This Assignment may be executed in two (2) or more counterparts, each of which shall be deemed an original, but an of which together shall constitute one and the same instrument, with the same effect as if all parties had signed the same signature page.
4. Merger. This Assignment contains the entire understanding between the parties relating to its subject matter. All prior and contemporaneous agreements and understandings, whether oral or written, are superseded by this Assignment. This Assignment may only be modified in writing executed by both Buyer and Seller. Nothing contained in this Assignment is intended to terminate or affect the validity of any of the representations or warranties contained in the Agreement.
5. Miscellaneous. This Assignment shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, executors, administrators, successors-in-interest, and assigns. If any term or provision of this Assignment shall be held invalid or unenforceable, the remainder of this Assignment shall not be affected. This Assignment shall be construed in accordance with and governed by the laws of the State of California without regard to its conflictof-laws provisions or the conflicts-of-laws provisions of any other jurisdiction. Nothing in this Assignment shall impair, limit, or lessen any of the rights of the parties with respect to the provisions of the Agreement which were intended to survive the Close of Escrow or the earlier termination of the Agreement. Nothing in this Assignment, express or implied, is intended to confer upon any person or entity, other than the parties hereto and their respective successors and assigns, any rights or remedies.
267
2 IN WITNESS WHEREOF, the undersigned have caused this Assignment to be executed as of the date first written above.
BUYER:
CITY OF SOUTH LAKE TAHOE, a
political subdivision of the State of
California
By: _______________________
Name:
Its:
APPROVED AS TO FORM
By: _______________________
Name: Heather L. Stroud
Its: City Attorney
SELLER:
BMO BANK N.A., a national banking
association, successor-in-interest to BANK
OF THE WEST, a California banking
corporation
By:_______________________
Name: Michael Curley
Its: Senior Manager, Transactions &
Strategic Initiatives
By:_______________________
Name: Grant Harris
Its: Director, U.S. Transactions & Strategic
Initiatives
268
Exhibit A to Bill of Sale
EXHIBIT A to Bill of Sale
Description of Property
That parcel identified as Parcel Nos. 4&5, Bk. 2396 / OR / 607, and identified as El Dorado County Assessor Parcel Number 023-201-072 and consisting of approximately 22,572 square feet,
and the parcel described below:
269
Exhibit E
EXHIBIT E
Form of Excess Land Coverage Covenant
[Attached]
270
RECORDING REQUESTED BY:
City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, CA 96150
WHEN RECORDED MAIL TO:
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
Attn: Heather Stroud, City Attorney
EXCESS LAND COVERAGE COVENANT
TO BE RECORDED AGAINST APNs: 032-151-015 and [_________________] This Covenant is made this ___ day of _______ by the City of South Lake Tahoe (hereinafter “City”) and BMO Bank N.A. (hereinafter “BMO”).
RECITALS
1. BMO is the owner of certain real property located in El Dorado County, State of California, described as follows (“BMO Property”):
2. The City is the owner of certain real property located in El Dorado County, State of California, described as follows (“City Property”)
271
Excess Land Coverage Covenant
APNs 032-151-015 and [______________]
BMO Bank N.A., and the City of South Lake Tahoe