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 and South Tahoe Redevelopment Successor
Agency
Meeting Agenda
Tuesday, May 20, 2025 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe 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/88399379476
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 Webinar ID is: 883 9937 9476. Press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak. Note: The Mayor reserves the right to conduct the meeting with in-person public participation only, if there is a technology malfunction that precludes the use of remote public participation.
In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City 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 1 1. Regular City Council Meeting Minutes
[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 total 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.
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 minutes of the May 6, 2025, Regular City Council meeting.
Responsible Staff Member(s): Michelle Davis, Assistant City Clerk Item 1- Executive Summary.pdf
05 06 2025 City Council Meeting Minutes.pdf
2 2. Agreement with TJKM Transportation Consultants to prepare Traffic Calming Toolbox
3. Ordinance Amending Chapter 8.05.170 (Permits to Reserve Portions of Park) of the South Lake Tahoe City Code to Establish a Commercial User Permit (Second Reading), and Establishing a Permit Fee of $50
4. Easement Acquisition on 3747 Rockwood Drive for the Upper Bijou Park Creek Watershed Restoration Project
5. Affordable Housing Project at 3900-3908 Lake Tahoe Boulevard: Budget Appropriation of Prohousing Incentive Program (PIP) Funds and Amendment No. 1 to Predevelopment Loan and Development Agreement with NDC Lake Tahoe LP
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute an Agreement with TJKM Transportation Consultants for an amount not to exceed $100,000 to prepare the citywide Traffic Calming Toolbox CEQA Determination: This action is statutorily exempt under CEQA Guidelines section 15262 (Feasibility and Planning Studies).
Responsible Staff Member(s): Emily Dougherty, Engineering Technician and Anush Nejad, Director of Public Works
Item 2-Executive Summary.pdf
01-Staff Report-Traffic Calming Toolbox Agreement.docx
02-PSA with TJKM Transporation Consultant.pdf
Requested Action / Suggested Motions: 1) Pass an Ordinance amending Chapter 8.05.170 (Permits to Reserve Portions of Park) establishing a permit for commercial use purposes; and 2) Pass a Resolution amending the 2024/2025 Master Fee Schedule to establish a permit fee of $50.
CEQA Determination: This ordinance is categorically exempt under CEQA Guidelines sections 15301 (existing facilities) and 15323 (normal operation of facilities for public gatherings).
Responsible Staff Member(s): John Stark, Director of Parks & Recreation Item 3-Executive Summary.pdf
01-Staff Report - Parks & Recreation Commercial Use Ordinance.docx 02-Resolution-Parks & Recreation Commercial Use Permit Fee.docx 03-Ordinance - Parks & Recreation Commercial Use.docx
04-Commercial Use Ordinance Redline.pdf
05- Legal Notice Publication.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute the Grant of Easement with the State of California for an easement acquisition on 3747 Rockwood Drive for a total amount of $5,350, for the Upper Bijou Park Creek Watershed Restoration Project.
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 4-Executive Summary.pdf
01-Staff Report-CTC Easement - Rockwood Turnaround.docx 02-Rockwood Drive Plan.pdf
03-Resolution-Purchase Agreement.docx
04-Grant of Easement (Exh. A to Reso).docx
05-Legal Description Plat.pdf
Requested Action / Suggested Motions: (1) Pass a Resolution authorizing the Finance Director to appropriate a total of $500,000 into the revenue and expense budget line items for the Prohousing Incentive Program (PIP) award for the loan to Novin Development; and (1) Pass a Motion authorizing and directing the Mayor to: a) Execute Amendment No. 1 to Predevelopment Loan and Development Agreement with NDC Lake Tahoe LP to loan an additional $500,000 in PIP grant funds for a total of $1,064,073 in Permanent Local Housing Allocation (PLHA) and PIP funds for 3 6. Use Agreement with El Dorado County for Multi-Generational Recreation and Aquatics Center
7. 2024 Road Rehabilitation Project - Ratification of Contract Change Orders No. 1, 2, 3, 4, and 5 with All American Construction, Inc.
8. Ordinance Amending Parking Prohibitions on Off Street Parking Facilities (Second Reading)
9. Amendment to Public Art Installation Contract Amendment with Terrie Bennett 3900 and 3908 Lake Tahoe Blvd predevelopment and development costs; and b) Execute Amended and Restated Predevelopment Loan Promissory Note for 3900 and 3908 Lake Tahoe Boulevard.
CEQA Determination: CEQA does not apply to this action to provide financial assistance to this affordable housing project, which was approved under Senate Bill 35.
Responsible Staff Member(s): Crystal Plotner, Assistant Housing Planner Item 5-Executive Summary.pdf
01-Staff Report-Novin Predevelopment Loan Amendment.docx 02-Resolution - Budget Appropriation PIP Novin.docx
03-Amendment_1_PredevelopmentLoan_Novin.pdf
04-C-092-2024 Predevelopment Loan Agreement.pdf
05-23-PIP-18490-213-Standard Agreement.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Use Agreement with El Dorado County for Multi-Generational Recreation and Aquatics Center
CEQA Determination: On January 18, 2022, the City approved a Mitigated Negative Declaration for the 56 Acres Master Plan and 56-Acre Agreement, and no further review is required under CEQA Guidelines section 15162.
Responsible Staff Member(s): Heather Stroud, City Attorney Item 6- Executive Summary.pdf
01 - Staff Report - Use Agreement.docx
02 - Use Agreement with County.pdf
Requested Action / Suggested Motions: Pass a Motion to ratify five 2024 Road Rehabilitation Project Contract Change Orders in the amount of $259,752.31 (within the approved 10% contingency), for a total Contract value of $3,937,2888.01, including other project quantity overruns and underruns.
CEQA Determination: This action is categorically exempt under CEQA Guidelines section 15301(c) (Existing Facilities).
Responsible Staff Member(s): Stephen Anderjack, Project Manager Item 7 - Executive Summary.pdf
01-Staff Report-All American Construction, Inc..docx
02-Final Quantities.pdf
03-Contract Change Orders 1-5.pdf
Requested Action / Suggested Motions: Pass an Ordinance amending Article VII of Chapter 4.25 of the South Lake Tahoe City Code to add Section 4.25.607 authorizing City Council, by Resolution, to establish certain parking prohibitions, restrictions, and regulations in municipal off-street parking facilities.
Responsible Staff Member(s): David Stevenson, Police Chief, and Anush Nejad, Director of Public Works
Item 8- Executive Summary.pdf
01-STAFF REPORT-Ordinance Off Street Parking Facilities (2nd Reading).docx 02 - Ordinance to Amend Off Street Parking.docx
03- Legal Notice Publication.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No.1 to Agreement with Terrie Bennett for a public art installation at Lakeview Commons extending the completion date of the contract to September 1, 2025. 4 10. Judicial Foreclosure Actions for Community Facilities District No. 2001-1 (Heavenly Village) to Collect Delinquent Special Tax Installments
11. Amendments to Time-Share Ordinance Confirming that Fractional Ownerships are Time-Shares and Making Other Updates (First Reading)
CEQA Determination: This action is categorically exempt under CEQA Guidelines section 15301 (Existing Facilities).
Responsible Staff Member(s): John Stark, Director of Parks & Recreation Item 9- Executive Summary.pdf
01-Staff Report-Public Art Installation Contract Amendment.docx 02-C-291-2024 Terrie Bennett Public Art.pdf
03-Amendment No. 1 to Agreement with Terrie Bennett.docx Consent Agenda - South Tahoe Redevelopment Successor Agency 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.
The consent agenda consists of items of a repeating or routine nature considered under a single action.
Any Councilmember may have an item on the consent agenda removed and considered separately upon request.
Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.
Requested Action / Suggested Motions: Acting as the South Tahoe Redevelopment Successor Agency, Pass a Resolution ordering commencement of judicial foreclosure actions pursuant to the Mello-Roos Community Facilities Act of 1982 to collect delinquent special tax installments and directing the removal of delinquent special tax installments from the County tax roll.
Responsible Staff Member(s): Heather Stroud, City Attorney Olga Tikhomirova, Director of Finance Item 10- Executive Summary.pdf
01 - Staff Report - CFD 2001-1 - Foreclosure actions.docx 02 - Resolution - Foreclosure CFD 2001-1.docx
Public Hearing
Requested Action / Suggested Motions: Hold a first reading (by title only) of an Ordinance Amending Chapter 6.60 of the South Lake Tahoe City Code (Time-Share), Confirming that Fractional Ownerships Are Time-Shares and Making Other Updates, and refer second reading and adoption to the June 3, 2025 meeting.
Responsible Staff Member(s): Heather Stroud, City Attorney Item 11- Executive Summary.pdf
01 - Staff Report - Time Share Ord Amendments (First Reading).docx 02 - Ordinance - Time Share Amendment.docx
03 - Ordinance Redline.pdf
04 - PC Reso 2025-004.pdf
05-PH Notice-Timeshare Ordinance.pdf
Regular-New Business
5 12. City Development Rights Annual Report
13. 2025 Road Rehabilitation and Drainage Replacement Project: Construction Contract with AllAmerican Construction, Two Reimbursement Agreements with South Tahoe Public Utility District, and Amendment to Agreement with Lumos and Associates for Construction Support Services
14. Agenda Planning Calendar
Requested Action / Suggested Motions: Pass a Resolution accepting the development rights appraisal prepared by Johnson Valuation Group Limited and establishing a price point for the calendar year 2025 at one-third of the recommended fair market value outlined in the appraisal.
Responsible Staff Member(s): Katherine Moore, Assistant Planner Item 12- Executive Summary.pdf
01-Staff_Report-Development_Rights.docx
02-Development_Rights_Inventory.docx
03-Res 2023-051 - TRPA Development Commodities.pdf
04-2025 Revised Appraisal.pdf
05-Resolution_-_Adopting_Development_Rights_Appraisal.docx Requested Action / Suggested Motions: Pass a Resolution: 1) Authorizing and directing the Mayor to execute a contract with All-American Construction, Inc. for a total of $4,033,731.00, plus a 10% contingency of $403,373.10, for the 2025 Road Rehabilitation and Drainage Replacement Project; 2) Authorizing and directing the Mayor to execute South Tahoe Public Utility District Reimbursement Agreements for the Herbert/Walkup In-Lieu Fee Reimbursement and the 2025 Road Rehab Utility Adjustments Reimbursement; and, 3) Authorizing and directing the Mayor to execute Amendment No.1 to Agreement with Lumos and Associates for a not-to-exceed value of $7,840 for construction support services.
CEQA Determination: This action is categorically exempt under CEQA Guidelines section 15301(c) (Existing Facilities).
Responsible Staff Member(s): Stephen Anderjack, Project Manager and Brianna Greenlaw, Associate Civil Engineer
Item 13- Executive Summary.pdf
01-Staff Report-2025 Road Rehabilitation.docx
02-Resolution-2025 Road Rehabilitation Award.docx
03-Agreement All American (Exh. 3 to Reso).pdf
04-Herbert Walkup STPUD Reimbursement (Exh. 1 to Reso).pdf 05-STPUD 2025 Road Rehab Reimbursement (Exh. 2 to Reso).docx 06-Lumos Amendment 1 (Exh. 4 to Reso).pdf
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 - 05 15 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 May 20, 2025, City Council and South Tahoe Redevelopment Successor Agency meeting was posted and available for review on Thursday, May 15, 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.
Signed May 15, 2025
6 \\sb\\ Susan Blankenship, Elected City Clerk
7 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 20, 2025
Agenda Item #:1
Agenda Item: Regular City Council Meeting Minutes
Executive Summary: City Council are asked to formally adopt the minutes of the May 5, 2025, Regular City Council meeting.
Requested Action / Suggested Motions: Pass a Motion approving minutes of the May 6, 2025, Regular City Council meeting.
Responsible Staff Member: Michelle Davis, Assistant City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
05 06 2025 City Council Meeting Minutes.pdf
8 City of South Lake Tahoe
City Council Meeting Minutes
Tuesday, May 5, 2025 at 9:00 a.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 9:03 a.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 Report from the May 5, 2025 Meeting
1. Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1).
Case: Kyle Printz v. City of South Lake Tahoe, Workers’ Compensation Appeals Board Case Nos. ADJ16686341, ADJ18748809
Action: No Reportable Action
2. Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1)
Case: South Lake Tahoe Property Owners Group v. City of South Lake Tahoe, El Dorado County Superior Court Case No. SC20180243
Proclamations
1. Issued a Proclamation to Lieutenant Blake Hoyt with the Naval Air Station, Fallon, recognizing may 2025 as “Military Appreciation Month”
2. Issued a Proclamation to Angie Reagan of Acess Tahoe recognizing May 2025 as “Mental Health Awareness Month”
3. Issued a Proclamation to Luis Olmedo, Brianna Greenlaw, and Travis Shindelbower of the Public Works Department recognizing May 18-24, 2025, as “National Public Works Week” 9 Public Communications
Public Comment was heard from the following people:
1. Trevor Snowden, Trevor Air Foundation- “Action Adaptive Sports Track” on the BMX track *distributed handout
2. Angie Reagan- Acessibility in the new Rec Center and Senior Center
3. Caleb Fry- Court filing from the Tahoe Neighborhood’s Group
4. Lisa Underwood, Tahoe Keys Resort- Court filing from the Tahoe Neighborhood’s Group
5. Ed Mosur- VHR enforcement, City Redevelopment projects
6. Stu Roberson- Court filing from the Tahoe Neighborhood’s Group
7. Stacey Ballard- Citizen initiative process
Written Public Comment was received from the following person:
1. Hattie Carthan- TRPA Multi-Family Dwelling Project Application City Commission Reports
1. None.
Consent Agenda
Action: Moved/Seconded: Jinkens/Bass
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Note: Councilmember Jinkens pulled items 6, 8, and 10. Councilmember Robbins recused himself from participating in Item 6 due to real property interest.
Action: Passed the consent agenda with noted pulled items and recusal.
4. Regular City Council Meeting Minutes
Action: Passed Motion 2025-039 approving minutes of the April 22, 2025, Regular City Council meeting.
5. Appropriation of Funds for the Precision Approach Path Indicators (PAPI) Action: Passed Resolution 2025-033 authorizing the Finance Director to appropriate funds for the Precision Approach Path Indicators (PAPI) in the amount of $47,480.00 with a 5 percent contingency ($2,374.00).
Written public Comment was received from the following person:
1. Seth Dallob
6. Approval of Final Subdivision Map for 3708 Highway 50 Town Homes, El Dorado County APNs 027-072-032 and 027-072-010
Note: This item was pulled from the Consent Agenda by Councilmember Jinkens. Councilmember Robbins recused himself from participating in this item due to real property interest, and left the meeting.
Action: Moved/Seconded: Bass/Jinkens
Yes: Wallace, Bass, Jinkens, Roberts
Recused: Robbins
Action: Passed Resolution 2025-034 approving Final Subdivision Map Pursuant to the Subdivision Map Act for 3708 Highway 50 Town Homes, located at 3708 Lake Tahoe Boulevard and 3709 Osgood Avenue (APNs 027-072-032 and 027-072-010).
Public Comment was heard from the following person:
1. Ed Mosur
Written Public Comment was received from the following people:
1. Anonymous
2. Allen Miller
10 7. Amendment to Agreement with Lumos & Associates for the Stateline Avenue Complete Streets Project, Planning and Design Feasibility
Action: Passed Motion 2025-040 authorizing the Mayor to execute Amendment No. 2 to Agreement with Lumos & Associates (C-082-2025) for additional planning and design feasibility services for the Stateline Avenue Complete Streets Project for the amount of $9,700 for a total not-to-exceed contract amount of $236,900.
Public Comment was heard from the following person:
1. Ed Mosur
8. Affordable Housing and Sustainable Communities (AHSC) Program Application for the Sugar Pine Village Phase 2B Affordable Housing Project
Note: Councilmember Jinkens pulled this item from the Consent Agenda.
Action: Moved/Seconded: Jinkens/Bass
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed Resolution 2025-035 authorizing staff to submit a joint application with Related Companies of California LLC under the AHSC Program for an amount not to exceed $30,000,000 of which an amount not to exceed $20,000,000 will be provided as a loan for the affordable housing construction and an amount not to exceed $10,000,000 will be provided as a reimbursable grant for Housing Related Infrastructure (HRI), Sustainable Transportation Infrastructure (STI), Transit Related Infrastructure (TRA) or Program activities as defined in the AHSC Program Guidelines.
Public Comment was heard from the following people:
1. Stacey Ballard
2. Rose Olsen, Related California
9. Grant of Permanent Easement to Liberty Utilities for Underground and Above Ground Utility Facilities Associated with Electric Vehicle Charging Stations at 3069 Harrison Avenue, a Cityowned parcel.
Action: Passed Resolution 2025-042 Granting a Permanent Utility Easement to Liberty Utilities at 3069 Harrison Avenue, a City-owned parcel, for the purpose of expanding infrastructure to service 12 Electric Vehicle Charging Stations.
10. Ordinance Designating Very High Fire Severity Zones (Second Reading) Note: Councilmember Jinkens pulled this item from the Consent Agenda.
Action: Moved/Seconded: Jinkens/Roberts
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed Ordinance 2025-1195 Designating Very High Fire Severity Zones within the City of South Lake Tahoe.
Public Comment was heard from the following person:
1. Melissa Soderston
Public Hearing
11. Levy of Assessment for Ski Run Business Improvement District for Business License Year 2025/2026
Note: Councilmember Robbins recused himself from participating in this item due to real property interest, and left the meeting.
Action: Moved/Seconded: Bass/Roberts
Yes: Wallace, Bass, Jinkens, Roberts
Recused: Robbins
Action: Passed Resolution 2025-037 confirming the Ski Run Business Improvement District annual report and levying the assessment for business license year 2025/2026. 11 12. Ordinance Amending Vacation Home Rental Regulations Outside Tourist Core (First Reading) and Urgency Ordinance Extending Temporary Moratorium on Issuance of Vacation Home Rental Permits in Areas Where Permits Were Prohibited by Measure T Action: Moved/Seconded: Wallace/Jinkens
Yes: Wallace, Bass, Jinkens, Roberts
No: Robbins
Action: (1) Passed Motion 2025-041 directing staff to make the following revisions to the proposed Ordinance Amending Vacation Home Rental Regulations Outside of the Tourist Core and bring back to the June 3, 2025 meeting:
1) Removing the cap and establishing a 150 foot buffer
2) Allowing condos to hold a VHR permit if they had one as of September 1, 2016. These condos will be exempt from the buffer.
3) In-person or electronic face-to-face check in with either a wet or electronic signature at or before check in. 24/7 in-person response to complaints. Indoor noise monitoring. Outdoor cameras for trash and parking. Require animal-resistant recycling carts when they are available. 4) Occupancy limit will be two per bedroom, exempting up to five kids age 13 and under, execept for in studios where the occupancy limit will be two people plus two children. 5) There will be no two year waiting period to apply for a VHR permit after the sale of a property. 6) Require defensible space inspections
7) Increase consequences for violations; owner can always be cited/rules apply to all 8) All VHR permits will be issued by the Police Department 9) Monthly limit of 150 permits issued
10) The Planning Commission will have the final decision on appeals, but the first and second violations will go to the hearing officer, with the third going to the Planning Commission with revocation discussion, only if the permit holder is appealing the violation. 11) Staff will review VHR permit fee to ensure complete cost recovery 12) Provide permitting preference for prior VHR/QVHR permittees who were in good standing.
Action: Moved/Seconded: Bass/Wallace
Yes: Wallace, Bass, Robbins, Roberts
No: Jinkens
Action: Passed Urgency Ordinance 2025-1196 Extending a Temporary Moratorium on the Issuance of Vacation Home Rental Permits in Areas Where Permits Were Prohibited by Measure T.
Public Comment wa heard from te following people:
1. Robert Henderson
2. Lisa Underwood, Tahoe Keys Resort
3. Deepak Sharma *written comment submitted
4. Lauren Gresh, RnR Vacation Rentals
5. Steve Treshara, Tahoe Chamber
6. Mark Salmon
7. Ed Mosur
8. Duane Wallace, South Tahoe Chamber of Commerce
9. Bob Poet
10. Uriah Kaufman *written comment submitted
11. Christian
12. Caleb Fry *written comment submitted
13. Andrew Pierce, Attorney for South Lake Tahoe Property Owner’s Group
14. Eric Lentz
15. Samantha Eperson, RnR Vacation Rentals
16. Lorraine Jackson *written comment submitted
17. Don
18. Duggan Smith
19. Nicole Ladd
Written Public Comment was received from the following people:
1. Eric Bickert 12
2. Seth Dallob
3. Mike Keck
4. John Messina, Lake Tahoe Taxpayers Association
5. Danny McNamara
6. Jay Miller
7. Ed Rounds
8. Tom Todd
9. Stephen Weil
Regular- Unfinished Business
13. 2025-2030 Strategic Plan Adoption
Action: Moved/Seconded: Bass/Roberts
Yes: Wallace, Bass, Robbins, Roberts
Abstain: Jinkens
Action: Passed Motion 2025-042 adopting the 2025-2030 Strategic Plan with the following amendments:
1) Item 1.8 will be broken into 1.8 and 1.9. Item 1.9 will change to 1.10, 1.10 will change to 1.11. It will evaluate the feasibility of a residential area plan. 2) Minor to text change to section 4.1 “viable economies” 3) Addition to section 7.7 “Continue to improve equitable access for people of all abilities to all public spaces.”
4) Moving the geothermal to start in 2025-2026 and finish 2026-2027.
Action: Moved/Seconded: Bass/Roberts
Yes: Wallace, Bass, Robbins, Roberts
Abstain: Jinkens
Public Comment was heard from the following people:
1. Ed Mosur
2. Stacey Ballard
Regular- New Business
14. License with Mary Johnson McCall for Use of Bijou Golf Course Parking Lot Note: Mayor Pro Tem Bass recused himeslef from participating in this item due to real property interest, and left the meeting.
Action: Moved/Seconded: Jinkens/Robbins
Yes: Wallace, Robbins, Jinkens, Roberts
Recused: Bass
Action: Passed Resolution 2025-038 authorizing and directing the Mayor to execute a license agreement with Mary Johnson McCall (C-083-2025) to use the parking lot at Bijou Golf Course located at Fairway Drive for an annual payment of $30,000 to lease the parking lot from May 1 through October 31 each year of 2025 through 2027, and appropriating $4,645 from General Funds Undesignated Excess Revenues into the Golf Course account 100-04110-43041 Rental of Land & Buildings.
Public Comment was heard from the following people:
1. Mary McCall
2. Forrest Grimes
15. Ordinance Amending Chapter 8.05.170 (Permits to Reserve Portions of Park) of the SouthLake Tahoe City Code to Establish a Commercial Use Permit (First Reading) Action: Moved/Seconded: Jinkens/Bass
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: 1) Passed Motion 2025-043 to hold a first reading (by title only) of an Ordinance Amending Chapter 8.05.170 (Permits to Reserve Portions of Park) establishing a permit for commercial use purposes and refer to second reading and adoption to May 20, 2025. 13
16. Stateline Transit Center Parking Enforcement Authorization Ordinance (First Reading) Action: Moved/Seconded: Bass/Roberts
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: 1) Passed Motion 2025-044 to hold a first reading (by title only) of an Ordinance amending Article VII of Chapter 4.25 of the South Lake Tahoe City Code to addSection 4.25.607 authorizing City Council, by resolution, to establish certain parkingprohibitions, restrictions, and regulations at municipal off-street parking facilities and refer to asecond reading and adoption to the May 20, 2025 meeting; and, 2) Passed Resolution 2025-039 establishing parking prohibitions, restrictions, and regulations for the Stateline Transit Center.
17. Pioneer Trail Pedestrian Improvement Project Phase II: Construction Contract with B&M CivilLLC, Amendment to Agreement with CDM Smith for Engineering Services During Construction,and Accepting and Appropriating Grant Funding Note: Staff noted a correction to the recommended action changing SB-1 funds to Road Rehabilitation Fund.
Action: Moved/Seconded: Bass/Jinkens
Yes: Wallace, Bass, robbins, Jinkens, Roberts
Action: Passed Resolution 2025-040: a) Authorizing anddirecting the Mayor to execute Construction Contract with B&M Civil LLC (C-084-2025) for $6,344,383, plus a 10% Construction Contingency of $634,436; b) Authorizing and directing the Mayor to execute Amendment No. 6 to Agreement with CDM Smith (C-085-2025) for Engineering Services During Constructionfor an additional amount of $54,983.67 and a total amount not to exceed $615,396.39; c) Accepting and Appropriating grant funding of $1.2 million from Active Transportation Program, $1,551,000 from Congestion Mitigation and Air Quality, $606,000 from Surface Transportation Block Grant, and $714,984 from South Tahoe Public Utilities (C-086-2025) for In Lieu Fees; d) Transferring$1,050,000 of Measure S Undesignated Reserves and $915,898 from Road Rehabilitation Fund; and e)Transferring $481,732 from James and Eloise Drainage Project.
Agenda Planning Calendar
18. Agenda Planning Calendar
Action: Received and filed.
Updates and Announcements (City Attorney, City Clerk, City Manager) City Clerk Blankenship
1. Mayor Wallace issued a Proclamation to Tahoe Chamber and South Tahoe Chamber of Commerce recognizing May 4-10, 2025, as “Small Business Week”
2. Attended California Municipal Clerk Association Conference City Manager Irvin
1. The Parks and Recreation Department was awarded “Community Partner of the Year” by the Boys and Girls Club of Lake Tahoe
Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Roberts
1. Request for a report on the feasiblity of the Angel City Sports BMX track (Jinkens seconded)
2. Request to pursue an Ad Hoc Committee on regional policy (Wallace seconded) Councilmember Jinkens
1. Thank you to VHR public commentors
Councilmember Robbins
1. Request for City Seal update (Bass seconded)
2. Upcoming Tahoe Transportation District meeting 14
Mayor Pro Tem Bass
1. Upcoming Lake Tahoe Visitor’s Authority meeting
Mayor Wallace
1. Attended El Dorado County Fair lunch in. The fair will take place June 12-15, 2025.
2. “Chopping it up with the Mayor” available on channel 21. Upcoming episode on Reno Television.
Adjourment
Mayor Wallace adjourned the Meeting at 4:32 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.
15 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 20, 2025
Agenda Item #:2
Agenda Item: Agreement with TJKM Transportation Consultants to prepare Traffic Calming Toolbox Executive Summary: City Council will consider a contract with TJKM Transportation Consultants to prepare a Traffic Calming Toolbox for a not-to-exceed amount of $100,000. The Traffic Calming Toolbox provides guidance, procedures, and methodologies for evaluating and implementing general traffic safety and traffic calming issues in the City. The goal of this document is to guide the residents in requesting an evaluation and for the City staff to implement practical, feasible, and safe solutions to address these concerns. This effort is the first step in implementing the Vision Zero Action Plan, which was adopted by the City Council on January 14, 2025.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute an Agreement with TJKM Transportation Consultants for an amount not to exceed $100,000 to prepare the citywide Traffic Calming Toolbox
Responsible Staff Member: Emily Dougherty, Engineering Technician and Anush Nejad, Director of Public Works
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report-Traffic Calming Toolbox Agreement.docx
02-PSA with TJKM Transporation Consultant.pdf
16 Council Agenda Report May 20, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: May 20, 2025
Title: Agreement with TKJM Consultants for Development of a Traffic Calming Toolbox Project Location: Citywide
Responsible Staff Member: Emily Dougherty, Engineering Technician, and Anush Nejad, Director of Public Works
Background: The City receives monthly calls regarding traffic safety and other traffic improvement requests from the public. The requests include, but are not limited to, the following general concerns:
• Speeding in residential neighborhoods
• Cut-through traffic in residential neighborhoods
• Excessive perceived speeding along collector and arterial roadways • Conflicts between scooters and pedestrians on joint-use bicycle trails • Request for additional traffic control devices, such as stop signs for multi-way stop signs • Requests for traffic calming devices, including speed humps, speed feedback signs, etc. • Requests for crosswalks at uncontrolled intersections • Requests for residential parking permits or other parking regulations • Requests for bike path traffic control devices, including preferences to bicycle priorities Issue and Discussion: Last year, the City Council appropriated $100,000 to conduct this study to develop a procedural guideline to address these requests. The Traffic Calming Toolbox will provide guidance, procedures, and methodologies for evaluating and implementing general traffic safety and traffic calming issues in the City. The goal of this document is to guide the residents in requesting an evaluation and for the City staff to implement practical, feasible, and safe solutions to address these concerns. The recommended traffic calming solutions and recommendations will consider the mountain and snow conditions of the City.
The City released a Request for Proposal (RFP) to the public on March 13, 2025. 980 vendors were notified. A pre-proposal meeting was held on March 25, 2025. Three firms downloaded the documents. One firm submitted a proposal on April 15, 2025.
The Proposal submitted by TKJM was distributed to the three (3) cities’ evaluation team members, including the Public Works and Finance departments. Each team member evaluated and then numerically scored each proposal based on the criteria outlined in the RFP. The average score for the panel members was 92. Therefore, TKJM was deemed qualified to conduct this study.
Financial Implications: The recommended contract amount with TJKM is $100,000. Funding for the project has been allocated in 24/25 budget cycle, in CIP Account 30150043-48030. 17 Council Agenda Report May 20, 2025 Page 2 of 2
Environmental Considerations:
This action is statutorily exempt under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15262 (Feasibility and Planning Studies).
Policy Implications:
This study follows the approval of the Vision Zero goal and the Resolution adopted by the City Council on September 24, 2024 – Resolution 2024- 106. Retaining a qualified inspector is essential for delivering high-quality Capital Improvement Projects. Without these services, the construction work may be compromised, affecting the quality of the work. 18 CITY OF SOUTH LAKE TAHOE
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 20th day of May 2025, by and between the City of South Lake Tahoe, a municipal corporation (“City”) and TJKM Transportation Consultants (Consultant”).
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.
The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.
2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue until December 31, 2026. 19 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, and overtime exceed $100,000 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Separate invoices shall be submitted for each project, including authorized overtime services.
Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.
6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.
7. Ownership of Documents.
All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees 20 and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be 21 maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.
City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.
10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
22 b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].
11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. The Consultant shall pay all penalties and wages as required by law, if these requirements are not met.
13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all 23 costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.
Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.
City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.
This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.
15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City 24 at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
25 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 Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. 26 The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
If to Consultant:
City of South Lake Tahoe 1901 Lisa
Maloff Way, Suite 300 South Lake
Tahoe, CA 96150
TJKM Transportation Consultants
Ruta Jariwala, PE, Vice President
4305 Hacienda Drive, Suite 550
Pleasanton, CA 94588
17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the 27 subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.
20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
28 23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free 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). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.
Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly. 29 25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et. seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
31. Time is of the Essence. Time is of the essence for this Agreement.
32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
30 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: CONSULTANT: TJKM Transportation Consultants By___________________________ By ________________________________ Tamara Wallace, Mayor Nayan Amin
President
Date __________________________ Date _____________________________ Business License 013582
APPROVED AS TO FORM:
By____________________________ Date ________________________________ Heather Stroud, City Attorney
ATTEST:
By______________________________ Date ________________________________ Susan Blankenship, City Clerk
Attachments:
Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
Exhibit D – Certificate of Insurance
31 EXHIBIT A
SCOPE OF SERVICES
32 Proposal for
Traffic Calming Toolbox
Development Services
April 15, 2025
RFP 04-15-2025-2
33 CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM.com
April 15, 2025
Anush Nejad, Director of Public Works
Public Works
City of South Lake Tahoe
1740 D Street
South Lake Tahoe, CA 96150
Subject: Proposal for Traffic Calming Toolbox Development Services, RFP 04-15-2025-2 Dear Mr. Nejad:
TJKM Transportation Consultants (TJKM) is pleased to submit our Proposal for Traffic Calming Toolbox Development Services to the City of South Lake Tahoe. We are confident that the TJKM Team will meet the City of South Lake Tahoe’s goals and objectives for this project, all while exceeding your expectations within budget and on schedule. TJKM is a transportation planning, traffic operations, and engineering firm providing services throughout California, Florida, and Texas. Our projects range in size from short-term engagements developing meaningful mobility solutions for a wide range of transportation issues to long-term planning for new developments, communities, and transportation systems. TJKM has been involved in more than 10,000 transportation projects throughout California and averages over 250 new projects each year. The team offered by TJKM is not only unparalleled in each of these areas but has demonstrated its creativity to develop innovative design approaches to meet any of the City’s project goals.
Project Team
To meet the specific needs of the City, I am pleased to propose myself, Ms. Ruta Jariwala, PE, TE, as your Project Manager. I brings to the team more than 25 years of experience in the areas of traffic calming solutions, project management, visions zero plans, local roadway safety plans, traffic safety, multimodal studies, transportation planning, traffic operations, traffic impact studies, signal coordination, and freeway operations. I will be supported by a group of talented and experienced leaders in their fields with significant experience in providing engineering support services for the development of federal, state, and locally funded transportation-related projects. The TJKM Team brings current knowledge and experience to City of South Lake Tahoe and is ready to “hit the ground running”. I worked with the City of South Lake Tahoe on the Vision Zero Policy and Action Plan and am currently working on the Stateline Avenue Complete Streets Project.
Statements
This proposal shall remain valid for a minimum of 150 days from the date of submittal.
Contact and Commitment
As Vice President of the firm, I am authorized to bind TJKM to a contract and you have my personal assurance that all the resources necessary to address the City’s needs will be made available and ready to perform when the opportunity arises. During the proposal process, please feel free to contact me via phone at (408) 421-0768 or via email at [email protected]. Mailed correspondence can be sent to 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588.
We look forward to the opportunity continue our relationship and to answer any questions you may have regarding our Proposal. Thank you for considering TJKM for this project.
Sincerely,
TJKM Transportation Consultants
Ruta Jariwala, PE, TE - Vice President
34 Vision Zero Plan Development | i
TABLE OF CONTENTS
Executive Summary.............................................................................................................................................................................................1 Company History, Background, and Experience....................................................................................................................................2 Firm Overview................................................................................................................................................................................................2 We Know South Lake Tahoe....................................................................................................................................................................4 Project Manager and Team Members ........................................................................................................................................................6 Project Manager and Key Staff..............................................................................................................................................................6 TJKM Project Manager...............................................................................................................................................................................6 Key Staff Table ...............................................................................................................................................................................................7 Resumes...........................................................................................................................................................................................................8 Scope of Work/Implementation................................................................................................................................................................. 17 Project Understanding............................................................................................................................................................................ 17 Project Approach...................................................................................................................................................................................... 18 Work Plan..................................................................................................................................................................................................... 19 Schedule ....................................................................................................................................................................................................... 23 Project Budget.................................................................................................................................................................................................... 24 Description of Recent Projects/References ........................................................................................................................................... 25 Appendices
Appendix A Required Forms
35 Proposal for Traffic Calming
Toolbox Development Services
Executive Summary
36 Traffic Calming Toolbox Development Services | 1
TJKM Transportation Consultants (TJKM) is pleased to submit our Proposal for Traffic Calming Toolbox Development Services to the City of South Lake Tahoe.
EXECUTIVE SUMMARY
TJKM understands that the City of South Lake Tahoe’s Public Works Department is seeking Proposals from transportation and traffic engineering consultants to develop a Traffic Calming Toolbox. Since the City receives numerous requests each month from the public regarding traffic safety and improvement concerns, this toolbox will provide guidance, procedures, and methodologies for evaluating and addressing general traffic safety and traffic calming issues. The goal of the toolbox is to assist residents in submitting requests for evaluation and to help City Staff implement practical, feasible, and safe solutions to address those concerns.
South Lake Tahoe, with a population of approximately 22,000, is the largest City in El Dorado County. Located in the Sierra Nevada Mountains, South Lake Tahoe has long been a premier destination for visitors from around the world and has developed spaces to meet their needs. It also attracts residents who seek to live in a resort-style mountain community with close access to outdoor recreation. US Highway 50 (US 50) and State Route 89 (SR 89) are key transportation corridors through South Lake Tahoe, connecting resort facilities, parks, campgrounds, and casinos (in Stateline) to the Bay Area, other regions of California and Nevada. These highways, which are maintained by the California Department of Transportation (Caltrans), are heavily congested, particularly during the winter and summer months, due to the influx of tourists. Caltrans also manages all traffic signals on the US 50.
The City, in collaboration with Caltrans and other partner agencies, including Tahoe Regional Planning Agency (TRPA) and El Dorado County, recently completed several initiatives and studies to identify and address numerous safety concerns, including a Road Safety Audit study along US 50 and SR 89, a Vision Zero Action Plan, Residential Parking Permit Program, and season Speed Hump implementation.
Between 2018 and 2022, US 50/SR 89 in South Lake Tahoe has experienced four traffic fatalities and 28 severe injury collisions according to UC Berkeley’s Transportation Injury Mapping System.
About a fifth of all fatal and injury collisions pertained to vulnerable users (pedestrians and cyclists). In the past five years, the amount of total injury collisions has nearly tripled. To invert this uptick, the TJKM Team understands that the City of South Lake Tahoe is seeking comprehensive services to develop a Traffic Calming Toolbox.
We understand that the safety and mobility enhancements will require that infrastructure improvements include all modes of transportation (automobile, pedestrian, bicyclist, and transit), the non-engineering E’s of traffic safety (Engineering, Engagement, Education, Encouragement, Enforcement, and Emergency Medical Services (EMS)) to account for human factors (aggressive driving, driving under the influence, distracted driving or walking, etc.).
TJKM has extensive experience developing local road safety plans and neighborhood traffic calming programs that will be instrumental in developing an ambitious yet implementable toolbox for the City. From our knowledge of similar plans developed by numerous cities, we fully recognize that the City of South Lake Tahoe’s Traffic Calming Toolbox will be unique and include different elements to best meet its community’s needs. 37 Company History, Background, and Experience
Proposal for Traffic Calming
Toolbox Development Services
38 Traffic Calming Toolbox Development Services | 2
COMPANY HISTORY, BACKGROUND, AND EXPERIENCE
Firm Overview
TJKM Transportation Consultants (TJKM), founded in 1974, is a transportation planning, traffic engineering, and traffic operations firm that provides professional services locally in California, Texas, and Florida. TJKM currently has a staff of 45 employees with offices in Pleasanton, San Jose, Fresno, Sacramento, Santa Rosa, CA; Austin, TX; and Tampa, FL. For over 50 years, our clients have entrusted us with their critical work.
We serve a full range of clients, including municipalities, congestion management agencies, Metropolitan Planning Organizations, transportation agencies, private developers, other consulting firms, and attorneys.
Our planners and engineers have worked on the public side of the desk for years as municipal engineers, developing superior skills in collaborating with the public and city councils and, more importantly, crafting excellent relationships with the right people.
We have hands-on experience and understand the latest requirements, technologies, trends, and standards. Our experience with local agency processes keeps projects moving faster, and our expertise from thousands of engagements helps us complete projects within budget.
Our motivation comes from satisfying clients’ objectives and improving communities.
Our goal is to provide the most cost-effective implementable solutions that meet the unique needs of each client while keeping within budget and on schedule.
We are professionals with a passion for safe and sustainable transportation – fully committed to the highest client satisfaction.
TJKM is a Disadvantaged Business Enterprise (DBE) #40772 and Small Business Enterprise, (SBE) #38780.
EXPERTISE
Traffic Calming Planning
Almost 20 percent of TJKM’s total project experience is municipal contracts are directly related to traffic calming recommendations and design. TJKM has seasoned personnel who have been involved in the planning, procedures, evaluating, and policies of traffic calming devices that make for a more walkable community. We have used various techniques (bulb-outs, lane reductions, speed humps, chicanes, pedestrian refuge, medians, raised intersections, crosswalks, etc.) to make a street more walkable and pedestrian friendly.
Our approaches and processes are in place because they have worked well in the past. Our calming strategies have been implemented repeatedly due to our careful and thoughtful analysis of current traffic conditions since wider streets are generally a deterrent to pedestrians. Our success with calming projects comes from years of tried-and-true experiences. TJKM has written traffic calming plans, policies, and guidelines for dozens of public agencies. 39 Traffic Calming Toolbox Development Services | 3
These include:
Neighborhood Traffic Calming Program, Concord
Neighborhood Traffic Calming Program, Millbrae
Neighborhood Traffic Calming Program, Hayward
Neighborhood Traffic Calming Program, Dinuba
Traffic Calming Study for Six Intersections, Fresno
Blossom Hill Traffic Calming, Los Gatos
Discovery Bay Traffic Calming Study, Contra Costa County El Monte Avenue Traffic Calming Study, Los Altos
Ferris-Englewood Neighborhood Traffic Calming, Los Gatos Hansen School Traffic Calming Plan, San Joaquin County Joaquin Area Neighborhood Traffic Management Plan, San Leandro Miller Creek Road Interchange Traffic Calming, Marin County Moody Road Traffic Calming, Los Altos Hills
Neighborhood Traffic Calming Program, Hayward
Norris Canyon Traffic Calming Update, San Ramon
On-Call Traffic Calming Services, San Jose
St. Francis Way Traffic Calming Study, San Carlos
Salinas Traffic Calming Policy - Phase I, Salinas
Traffic Calming Policy, Los Gatos
Wyndgate Traffic Calming, San Ramon
Traffic Calming Engineering
TJKM specializes in comprehensive traffic calming solutions aimed at enhancing roadway safety, reducing vehicular speeds, and improving the quality of life for all road users. We provide end-to-end services, including data collection and analysis, community engagement, conceptual design, and detailed engineering plans for a variety of traffic calming measures such as speed humps, traffic circles, chicanes, raised crosswalks, and road diets.
Utilizing advanced tools and methodologies, we ensure that proposed solutions are context-sensitive, cost-effective, and compliant with local and national guidelines. Our team’s experience working with public agencies allows us to develop tailored strategies that address unique challenges, foster stakeholder consensus, and deliver measurable improvements in traffic safety and operational performance. Projects include:
Bicycle Facilities On-Call Engineering Services (Operational Analysis for Road Diet along Palm Avenue between Belmont to Shields Avenue), Fresno Avalon Heights Traffic Calming, Fremont
Neighborhood Traffic Calming Program and Complete Streets Policy, Dinuba Neighborhood Traffic Calming Program, Millbrae
On-Call Citywide Neighborhood Traffic Calming Program, Concord 40 Traffic Calming Toolbox Development Services | 4
We Know South Lake Tahoe
TJKM has experience working in the City of South Lake Tahoe and is very familiar with the policies and procedures. We have worked with the City and private developers on transportation planning and engineering design improvement projects. TJKM prepared the Vision Zero Policy and Action Plan for the City of South Lake Tahoe that was adopted by City Council in January 2025.
41 Project Manager and Team Members
Proposal for Traffic Calming
Toolbox Development Services
42 Traffic Calming Toolbox Development Services | 6
PROJECT MANAGER AND TEAM MEMBERS
Project Manager and Key Staff
Our Team Organization Chart illustrates our proven “chain of command” for performance on similar projects. The proposed organization is a fully integrated team under the direction of Mr. Nayan Amin, TE as Principal-In-Charge and Ms. Ruta Jariwala, PE, TE as Project Manager.
Our Project Manager, Ms. Jariwala will be responsible for the day-to-day/overall coordination on this contract, maintaining the effectiveness and efficiency of the work, schedule, and ensuring the work products are to the satisfaction of the City and stakeholders. She anticipates working closely with the City staff to ensure understanding of the project objectives from start to project completion.
We can confidently state that our key staff and a vast base of highly qualified technical members will be made fully available to you as required for your project from beginning to end. The TJKM Team has been carefully crafted to provide the City with the full range of expertise. TJKM will not substitute any of our key personnel without prior written approval by the City. Below is our Organization Chart showing the staff that will be assigned to your contract.
TJKM Project Manager
Ruta Jariwala, PE, TE
Ms. Jariwala has 25 years of professional experience in the areas of traffic calming. traffic operations, transportation planning, freeway and arterial management studies, signal coordination, traffic signal systems, TIS/environmental impact reports and intelligent transportation systems planning, design and construction oversight. She has extensive experience in macro and microscopic model development and application for analysis of traffic operations for express lane studies as well as multimodal operations, pedestrian, bicyclists, and traffic safety studies. She was the Project Manager for the South Lake Tahoe Vision Zero Policy and Action Plan. 43 Traffic Calming Toolbox Development Services | 7
Key Staff Table
Our assigned Project Manager Ms. Jariwala and the key staff have worked on several projects that required specific strategies to be created for projects to ensure that any traffic engineering services, traffic calming plans/features, and safety projects would be successful. As you can see in the table below, TJKM staff have completed many successful Traffic Calming, Safety Studies, Systemic Safety Analysis Reports, Local Road Safety Plans, Comprehensive Safety Action Plans, and Vision Zero Plans. Below is a table summarizing our Key Staff qualifications and relevant experience/projects.
Name, Role, & Years
of Experience Qualifications Similar Projects
Nayan Amin, TE
Principal-In-Charge &
QA/QC Manager
35 Years of Experience
Traffic Calming
Traffic Engineering
Safety Studies
Active Transportation
Plans
Vision Zero & Safety
Action Plans
Speed Zone Studies
Multimodal Studies
Corridor Studies
Complete Streets
Traffic Impact Studies
Traffic Operations
Vision Zero Policy & Action Plan, South Lake Tahoe
Neighborhood Traffic Calming Program, Concord
Neighborhood Traffic Calming Program, Millbrae
Neighborhood Traffic Calming Program & Complete Streets Policy, Dinuba
Traffic Calming in the Lyon-Hoag Neighborhood & Vicinity, Burlingame
Stanford Neighborhood Streets Enhancement, Redwood City Neighborhood Traffic Calming Program, Napa
Discovery Bay Traffic Calming Study, Contra Costa County St. Francis Avenue Traffic Calming Study, San Carlos
Active Transportation Plan, Exeter
Citywide Active Transportation Plan, Fresno
Citywide Active Transportation Plan, Patterson
Active Transportation Plan, Scotts Valley
Greater Downtown Active Transportation Plan, Stockton Ruta Jariwala, PE, TE
Project Manager
24 Years of Experience
Traffic Calming
Traffic Engineering
Project Management
Safety Studies
Active Transportation
Plans
Vision Zero & Safety
Action Plans
Speed Zone Studies
Transportation
Planning
Traffic Operations
Traffic Impact Studies
Vision Zero Policy & Action Plan, South Lake Tahoe
Neighborhood Traffic Calming Program, Millbrae
Neighborhood Traffic Calming Program & Complete Streets Policy, Dinuba
Traffic Calming in the Lyon-Hoag Neighborhood & Vicinity, Burlingame
Stanford Neighborhood Streets Enhancement, Redwood City Avalon Heights Traffic Calming Study, Fremont
Neighborhood Traffic Calming Program, Hayward
Active Transportation Plan, Exeter
Citywide Active Transportation Plan, Fresno
Citywide Active Transportation Plan, Patterson
Active Transportation Plan, Scotts Valley
Greater Downtown Active Transportation Plan, Stockton Praveena Samaleti
Task Lead
19 Years of Experience
Corridor Studies
Complete Streets
Signal Coordination
Traffic Studies
Signal Timing
Multimodal
Transportation Analysis
Planning
Citywide Multimodal Improvement Study, Hayward
Neighborhood Traffic Calming Program & Complete Streets Policy, Dinuba
Multimodal Transportation Analysis for Proposed Residential Development at 1265 Montecito Avenue, Mountain View
Multimodal Transportation Analysis for Proposed Mixed-Use Development at 590 Castro Street, Mountain View
Multimodal Transportation Analysis for Proposed Office Development at 1155 & 1185 Terra Bella Avenue, Mountain View 44 Traffic Calming Toolbox Development Services | 8
Name, Role, & Years
of Experience Qualifications Similar Projects
Mark Doty
Task Lead
19 Years of Experience
Stakeholder
Engagement
Vision Zero & Safety
Action Plans
Active Transportation
Plans
Planning
Parking Studies
Urban & Community
Design
Vision Zero Policy & Action Plan, South Lake Tahoe
Vision Zero Plans for the Cities of Dinuba & Cupertino Safe Streets & Roads for All Comprehensive Safety Action Plan, Colusa
Active Transportation Plan, Exeter
Citywide Active Transportation Plan Update, Fresno
Local Roadway Safety Plans for the Cities of Albany, Pittsburg, Gridley, & Pico Rivera
Local Roadway Safety Plan, Santa Cruz County
Resumes
On the following pages, we have included key staff resumes 45 TJKM | VISION THAT MOVES YOUR COMMUNITY
Planning • Engineering • ITS • Parking • Operations • Complete Streets California | Florida | Texas
AREAS OF EXPERTISE
Transportation Planning
Traffic Impact Studies
Transportation Management Plans
Traffic Operations
Transit Priority
Freeway & Arterial Management
Studies
Multimodal Studies
YEARS OF EXPERIENCE
35 REGISTRATIONS & CERTIFICATIONS
CA TE 2290
PROFESSIONAL HISTORY
TJKM 2012-Present
URS 2004-2012
Bucher, Willis & Ratliff 2001-2003
TJKM 1996-2000
VK Patel 1990-1996
EDUCATION
M.S., Civil Engineering, San Jose State
University, San Jose, CA
B.S., Civil Engineering, Saurashtra
University, Rajkot, Gujarat, India
Project Experience
Vision Zero Policy & Action Plan,
South Lake Tahoe, CA, City of South
Lake Tahoe, 2023-2025, $249K:
Principal-In-Charge and QA/QC TJKM
assisted the City with developing a
Vision Zero Policy and Action Plan.
Tasks included assessment of existing
policies, programs, and practices;
Formation of a Vision Zero Task Force;
Communicated data and information to
the public on social media and on the
City's website; Attended public
meetings; Collected collision data and
analysis; Developed implementable
actions and performance measures;
Provided project recommendations
after collecting information from
community engagement and
stakeholder workgroups; Coordinated
with the City to identify most at-risk
population and worked with local
police and EMS departments; and
created the Vision Zero Action Plan.
Neighborhood Traffic Calming
Program, Millbrae, CA, City of Millbrae,
2019-2020, $70K: Principal-In-Charge.
The project entailed development of
the City’s first Citywide Neighborhood
Traffic Calming Program. This Programs
is composed of a City-customized
matrix of traffic calming measures and
criteria of feasibility (toolbox), and a
traffic calming application reviewing
process for residents and decision
makers. The team designed a project
website as part of the community
participation and outreach portion of
the project. Additional outreach
methods included two community
workshops to identify areas of concerns
and solutions to those concerns.
Neighborhood Traffic Calming
Program & Complete Streets Policy,
Dinuba, CA, City of Dinuba, 2019,
$59K: Project Manager responsible for
assisting the City with the development
of their first Neighborhood Traffic
Calming Program (NTCP) and
Complete Streets Policy. The NTCP
aims to provide a well-defined toolbox
to effectively utilize the most
appropriate traffic calming solutions
with proper community outreach and
collaboration. Key tasks of this plan
were:
• Development of a Traffic Calming
Toolbox
• Policies and guidelines for
application of each strategy in the
toolbox
• Develop necessary forms and
educational documents to
establish community support
• Traffic calming involved strategies
and physical measures to reduce
vehicular speeds and cut-through
traffic, thus improving safety for all
travel modes.
In addition, he developed a Complete
Streets Policy to assist long-term
citywide multimodal planning and
decision making. Recommended a joint
Mr. Amin has 35 years of both public and private sector experience in the areas of transportation planning, traffic impact studies, transportation management plans, construction scheduling, construction area signs, signing and striping, traffic signal coordination, traffic operations, transit priority, traffic signal systems, freeway and arterial management studies, and intelligent transportation systems planning, design and construction oversight. He specializes in macro and microscopic model development and application for analysis of impacts across all modes of transportation. His projects include planning, design, and providing construction oversight on projects to enhance operations and safety for all modes of transportation. Studies also include multimodal operations, light-rail, bus rapid transit, pedestrian, bicyclists and traffic safety and operations.
Nayan Amin, TE
PRESIDENT
Project Role: Principal-In-Charge & QA/QC
46 TJK
TJKM | VISION THAT MOVES YOUR COMMUNITY | Nayan Amin, TE 2 outreach effort for the NTCP and
Complete Streets Policy, along with the
Pedestrian and Bicyclist Safety and
Connectivity Study that the team also
completed.
Traffic Calming in the Lyon-Hoag
Neighborhood & Vicinity, Burlingame,
CA, City of Burlingame, 2019-
Ongoing, $173K: Principal-In-Charge
on a project for the development of a
traffic calming study for the City of
Burlingame for the Lyon Hoag
Neighborhood and other
neighborhoods within its vicinity. The
project is aimed to address existing
traffic and safety issues by
implementing traffic calming measures
such as bulb-outs, turn restrictions, and
safer pedestrian and bicycle facilities,
within the neighborhood street
network. The project involves extensive
community outreach process to
engage the residents and to assist the
City to achieve context-sensitive capital
project development. TJKM designed a
project website as part of the
community participation and outreach
portion of the project. Additional
outreach methods include an Online
Resident Survey, three outreach
workshops, and a Public Hearing for
presentation of the Study.
Stanford Neighborhood Streets
Enhancement Project, Redwood City,
CA, City of Redwood City, 2016-2017,
$100K: Principal-In-Charge who
oversaw project team to provide traffic
calming improvements for three
neighborhoods affected by the new
Stanford University office campus in
Redwood City. The funds provided for
this project would be used towards
various traffic calming efforts including
landscaping, bicycle facilities, and other
features that would create an attractive
neighborhood boundary and
discourage cut-through traffic.
Neighborhood Traffic Calming
Program, Hayward, CA, City of
Hayward, 2015-2017, $84K: PrincipalIn-Charge. The team developed the first Neighborhood Traffic Calming Program
for the City of Hayward. Our services
included benchmarking with other
cities, conducting research on
pros/cons of various traffic calming
devices, developing community
engagement processes, identifying
funding options, developing a strategy
toolbox that included solutions in four
areas – Engineering, Education,
Empowerment and Enforcement, etc.
Active Transportation Plan, Exeter, CA,
City of Exeter, 2023-2024, $40K:
QA/QC. Developed an Active
Transportation Plan for the City. Tasks
included: existing conditions review,
identifying and updating pedestrian and
bicycle projects and costs, Safe Routes
to Schools projects, other nonmotorized transportation modes, gathering and reviewing public input,
and developing a draft and final report.
TJKM also prepared a Caltrans ATP
Cycle 7 project application.
Citywide Active Transportation Plan,
Fresno, CA, City of Fresno, 2023-
Ongoing, $400K: Principal-In-Charge
and QA/QC. The team is preparing an
update to the City Active Transportation
Plan. We will build upon the previous
success that Fresno has experienced
through the enforcement of these plans
and policies as well as enhancement to
critical pedestrian and bicycle
infrastructure to adhere to all Ages and
Abilities standards and objectives. The
team will also develop strategies and
identify opportunities to improve safety
and connectivity, develop a safety
education program, conduct
community outreach including two
Pop-Up demonstration projects, and
develop conceptual plans for potential
projects.
Citywide Active Transportation Plan,
Patterson, CA, City of Patterson,
2020-2021, $99K: QA/QC. The team
prepared a citywide bicycle and
pedestrian master plan. Core
components of the plan included: An
overall framework plan depicting the
City’s future cycling and walking
network; Identification of pedestrian
and bicycle network deficiencies, and
development of implementable
improvement options; Design tools for
improvements; Conceptual designs for
short and long-term improvements
suitable for future CIP funding
programming and grant applications;
and A phasing plan and grant-focused
funding strategy for prioritized projects,
programs and action steps.
Active Transportation Plan, Scotts
Valley, CA, Ecology Action of Santa
Cruz, 2019-2020, $25K: Principal-InCharge. The team assisted Ecology Action and the City of Scotts Valley with
strategic tasks focusing on successful
completion and implementation of the
city's active transportation plan. The
plan describes current conditions, list
barriers to active transportation, and
recommends infrastructure and noninfrastructure solutions which promote statewide goals of reducing
greenhouse gas emissions while
fostering livable communities, healthy
transportation, and public involvement
in transportation planning. Public input
was gathered through outreach events
including a community meeting led by
TJKM and online comments. The plan
guides future improvements and secure
grant funding. The planning team
developed a detailed set of projects to
enhance citywide mobility.
Safe Streets & Roads for All
Comprehensive Safety Action Plan,
Colusa, CA, City of Colusa, 2023-
2025, $200K: Project Manager
supported Colusa in creating a CSAP
that enhances safety for everyone on
City roads. Components of the project
included community engagement;
data-driven solutions: crash data, land
use, and equity analysis to create an
effective plan; interactive dashboard:
track progress and monitor safety
improvements; and grant opportunities:
secure funding for crucial safety
projects.
47 TJKM | VISION THAT MOVES YOUR COMMUNITY
Planning • Engineering • ITS • Parking • Operations • Complete Streets California | Florida | Texas
AREAS OF EXPERTISE
Signal Coordination
Project Management
Traffic Impact Studies
Freeway Operations
Traffic Operations
Traffic Planning
1BYEARS OF EXPERIENCE
25 REGISTRATIONS & CERTIFICATIONS
CA CE 73840
CA TE 2465
TX CE 135281
FL CE 100796
PROFESSIONAL HISTORY
TJKM 2012-Present
URS 2004-2012
Bucher, Willis & Ratliff 2001-2003
Autodesk 1999-2001
EDUCATION
M.S., Civil Engineering, San Jose State
University, San Jose, CA
B.S., Civil Engineering, Bombay
University, Mumbai, Maharashtra,
India
Project Experience
Vision Zero Policy & Action Plan,
South Lake Tahoe, CA, City of South
Lake Tahoe, 2023-2025, $249K:
Project Manager assisted the City with
developing a Vision Zero Policy and
Action Plan. Tasks included assessment
of existing policies, programs, and
practices; Formation of a Vision Zero
Task Force; Communicated data and
information to the public on social
media and on the City's website;
Attended public meetings; Collected
collision data and analysis; Developed
implementable actions and
performance measures; Provided
project recommendations after
collecting information from community
engagement and stakeholder
workgroups; Coordinated with the City
to identify most at-risk population and
worked with local police and EMS
departments; and created the Vision
Zero Action Plan.
Neighborhood Traffic Calming
Program, Millbrae, CA, City of Millbrae,
2019-2020, $70K: Project Manager
responsible for the development of the
City’s first Citywide Neighborhood
Traffic Calming Program. This Programs
was composed of a City-customized
matrix of traffic calming measures and
criteria of feasibility (toolbox), and a
traffic calming application reviewing
process for residents and decision
makers. A project website was designed
as part of the community participation
and outreach portion of the project.
Additional outreach methods include
two community workshops to identify
areas of concerns and solutions to
those concerns.
Neighborhood Traffic Calming
Program & Complete Streets Policy,
Dinuba, CA, City of Dinuba, 2019,
$59K: Task Lead assisted the City with
the development of their first
Neighborhood Traffic Calming Program
(NTCP) and Complete Streets Policy.
The NTCP aims to provide a welldefined toolbox to effectively utilize the most appropriate traffic calming
solutions with proper community
outreach and collaboration. Key tasks of
this plan were:
• Development of a Traffic Calming
Toolbox
• Policies and guidelines for
application of each strategy in the
toolbox
• Develop necessary forms and
educational documents to
establish community support
• Traffic calming involves strategies
and physical measures to reduce
vehicular speeds and cut-through
traffic, thus improving safety for all
travel modes.
In addition, she is developing a
Complete Streets Policy to assist longterm citywide multimodal planning and decision making. She recommended a
joint outreach effort for the NTCP and
Complete Streets Policy, along with the
ongoing Pedestrian and Bicyclist Safety
and Connectivity Study that TJKM is
currently contracted to complete.
Ms. Jariwala has 25 years of professional experience in the areas of traffic operations, transportation planning, freeway and arterial management studies, signal coordination, traffic signal systems, traffic impact studies/EIRs and intelligent transportation systems planning, design and construction oversight. She has extensive experience in macro and microscopic model development and application for analysis of traffic operations for express lane studies as well as multimodal operations, light-rail, bus rapid transit, pedestrian, bicyclists, and traffic safety studies.
Ruta Jariwala, PE, TE
PRINCIPAL
Project Role: Project Manager
48 TJK
TJKM | VISION THAT MOVES YOUR COMMUNITY | Ruta Jariwala, PE, TE 2 Traffic Calming in the Lyon-Hoag
Neighborhood & Vicinity, Burlingame,
CA, City of Burlingame, 2019-
Ongoing, $173K: Project Manager
responsible for developing a traffic
calming study for the City of Burlingame
for the Lyon Hoag Neighborhood and
other neighborhoods within its vicinity.
The project is aimed to address existing
traffic and safety issues by
implementing traffic calming measures
such as bulb-outs, turn restrictions, and
safer pedestrian and bicycle facilities,
within the neighborhood street
network. The project involves an
extensive community outreach process
to engage the residents and to assist the
City to achieve context-sensitive capital
project development. She designed a
project website as part of the
community participation and outreach
portion of the project. Additional
outreach methods include an Online
Resident Survey, three outreach
workshops, and a Public Hearing for
presentation of the Study.
Stanford Neighborhood Streets
Enhancement Project, Redwood City,
CA, City of Redwood City, 2016-2017,
$100K: Project Manager to project
which provided traffic calming
improvements for three neighborhoods
affected by the new Stanford University
office campus in Redwood City. The
funds provided for this project can be
used towards various traffic calming
efforts including landscaping, bicycle
facilities, and other features that will
create an attractive neighborhood
boundary and discourage cut-through
traffic.
Avalon Heights Traffic Calming Study,
Fremont, CA, Community Association
Management, 2015-2017, $11K: Project
Manager who led team to conduct a
traffic calming study for the community
of Avalon Heights - a gated community
of single-family homes in the
picturesque Fremont hills, east of I-680.
The Association retained TJKM’s
services in response to ongoing
concerns about the vehicular speeds
and pedestrian safety within the
community. The scope of services
included analyzing existing traffic
conditions along various streets within
the community and developing
recommendations that would address
the speeding and safety concerns. The
study involved field observations along
all streets within the community on
multiple days, data collection at seven
key locations and analysis of the
collected data. The recommended
improvements included low cost,
medium cost, and high-cost alternative
that provided different level of relief
from the existing concerns.
Neighborhood Traffic Calming
Program, Hayward, CA, City of
Hayward, 2015-2017, $208K: Project
Manager. She developed the first
Neighborhood Traffic Calming Program
for the City of Hayward. Our services
included benchmarking with other
cities, conducting research on
pros/cons of various traffic calming
devices, developing community
engagement processes, identifying
funding options, developing a strategy
toolbox that included solutions in four
areas – Engineering, Education,
Empowerment and Enforcement, etc.
Active Transportation Plan, Exeter, CA,
City of Exeter, 2023-2024, $40K:
Principal-In-Charge. The team
developed an Active Transportation
Plan for the City. Tasks included:
existing conditions review, identifying
and updating pedestrian and bicycle
projects and costs, Safe Routes to
Schools projects, other non-motorized
transportation modes, gathering and
reviewing public input, and developing
a draft and final report. As part of the
project scope, TJKM also prepared a
Caltrans ATP Cycle 7 project
application.
Citywide Active Transportation Plan,
Fresno, CA, City of Fresno, 2023-
Ongoing, $400K: Project Manager. The
team is preparing an update to the City
Active Transportation Plan. We will build
upon the previous success that Fresno
has experienced through the
enforcement of these plans and policies
as well as enhancement to critical
pedestrian and bicycle infrastructure to
adhere to all Ages and Abilities
standards and objectives. The team will
also develop strategies and identify
opportunities to improve safety and
connectivity, develop a safety
education program, conduct
community outreach including two
Pop-Up demonstration projects, and
develop conceptual plans for potential
projects.
Citywide Active Transportation Plan,
Patterson, CA, City of Patterson,
2020-2021, $99K: Principal-In-Charge.
The team prepared a citywide bicycle
and pedestrian master plan. Core
components of the plan included: An
overall framework plan depicting the
City’s future cycling and walking
network; Identification of pedestrian
and bicycle network deficiencies, and
development of implementable
improvement options; Design tools for
improvements; Conceptual designs for
short and long-term improvements
suitable for future CIP funding
programming and grant applications;
and A phasing plan and grant-focused
funding strategy for prioritized projects,
programs and action steps.
Safe Streets & Roads for All
Comprehensive Safety Action Plan,
Colusa, CA, City of Colusa, 2023-
Ongoing, $200K: Task Lead supporting
Colusa in creating a CSAP that
enhances safety for everyone on City
roads. Components of the project
include community engagement; datadriven solutions: crash data, land use, and equity analysis to create an effective
plan; interactive dashboard: track
progress and monitor safety
improvements; and grant opportunities:
secure funding for crucial safety
projects.
Active Transportation Plan, Scotts
Valley, CA, Ecology Action of Santa
Cruz, 2019-2020, $25K: Project
Manager. Public input was gathered
through outreach events including a
community meeting led by TJKM and
online comments. The plan guides
future improvements and secure grant
funding. The planning team developed
a detailed set of projects to enhance
citywide mobility.
49 TJKM | VISION THAT MOVES YOUR COMMUNITY
Planning • Engineering • ITS • Parking • Operations • Complete Streets California | Florida | Texas
AREAS OF EXPERTISE
Signal Coordination
Corridor Studies/Complete Streets
Traffic Studies & Impact Fee
Programs
Congestion Management Programs
Development of Traffic Operational
Analysis Guidelines
Multimodal Transportation Analysis
Transportation Planning
Intelligent Transportation Systems
Data Collection
Level of Service Analysis
Vehicle Mile Traveled Analysis
1BYEARS OF EXPERIENCE
19 2BPROFESSIONAL HISTORY
TJKM 2023-Present
AECOM 2022-2023
TJKM 2015-2022
SLS TTIC Pvt.. Ltd., India 2006-2013
2BEDUCATION
Master of Technology (Specialization in
Transportation Engineering),
Jawaharlal Nehru University,
Hyderabad, India
B.E., Civil Engineering, Vasavi College of
Engineering, Hyderabad, India
Project Experience
Citywide Multimodal Improvement
Study, Hayward, CA, City of Hayward,
2015-2016, $250K: Project Engineer.
The purpose of the project is to conduct
a citywide roadway and intersection
improvement study to identify existing
deficiencies, impacts from new
development, and to develop capital
improvement plan to mitigate the
impacts. Assisting in developing
synchro network consists of 100 study
intersections for Existing scenario and
preparation of Level of Service results.
Neighborhood Traffic Calming
Program & Complete Streets Policy,
Dinuba, CA, City of Dinuba, 2019,
$59K: Transportation Planner assisted
the City with the development of their
first Neighborhood Traffic Calming
Program (NTCP) and Complete Streets
Policy. The NTCP aims to provide a
well-defined toolbox to effectively
utilize the most appropriate traffic
calming solutions with proper
community outreach and collaboration.
Key tasks of this plan were:
• Development of a Traffic Calming
Toolbox
• Policies and guidelines for
application of each strategy in the
toolbox
• Develop necessary forms and
educational documents to
establish community support
• Traffic calming involves strategies
and physical measures to reduce
vehicular speeds and cut-through
traffic, thus improving safety for all
travel modes.
In addition, she is developing a
Complete Streets Policy to assist longterm citywide multimodal planning and decision making. She recommended a
joint outreach effort for the NTCP and
Complete Streets Policy, along with the
ongoing Pedestrian and Bicyclist Safety
and Connectivity Study that TJKM is
currently contracted to complete.
Multimodal Transportation Analysis
for Proposed Residential
Development at 1265 Montecito
Avenue, Mountain View, CA, Rincon
Consultants, 2021-2022, $33K:
Assisted in developing trip generation,
distribution, intersection Level of
Service analysis, pedestrian quality of
service evaluation, bicycle level of traffic
stress evaluation, transit operations, site
access and circulation, parking, and
traffic calming and neighborhood
intrusion as per City of Mountain View
multimodal analysis guidelines.
Multimodal Transportation Analysis
for Proposed Mixed-Use
Development at 590 Castro Street,
Mountain View, CA, City of Mountain
View, 2020-2021, $79K: Assisted in
developing trip generation, distribution,
intersection Level of Service analysis,
pedestrian quality of service evaluation,
Ms. Samaleti has 19 years of experience in the area of transportation/traffic engineering. She has completed a variety of engineering tasks for signal coordination projects, signal timing, traffic operational analysis projects, traffic impact fee programs, congestion management programs, monitoring congestion management programs, development of traffic operational analysis guidelines, corridor studies, and multimodal transportation analysis projects. She has also worked on traffic impact study (TIS) projects, Comprehensive Traffic and Transportation studies, and Feasibility studies in India. She has experience with a variety of software packages, including Synchro 10, SimTraffic 10, Traffix, Vistro, HCS and VISSIM.
Praveena Samaleti
SENIOR PROJECT MANAGER
Project Role: Review of Documents Task Lead and Field
Review/Conditions Assessment Task Lead
50 TJKM | VISION THAT MOVES YOUR COMMUNITY | Praveena Samaleti 2 TJK bicycle level of traffic stress evaluation,
transit operations, site access and
circulation, parking, and traffic calming
as per City of Mountain View
multimodal analysis guidelines.
Multimodal Transportation Analysis
for Proposed Office Development at
1155 & 1185 Terra Bella Avenue,
Mountain View, CA, Rincon
Consultants, 2021-2022, $40K: Project
Engineer who assisted in developing trip
generation, distribution, intersection
Level of Service analysis, pedestrian
quality of service evaluation, bicycle
level of traffic stress evaluation, transit
operations, site access and circulation,
parking, and traffic calming and
neighborhood intrusion as per City of
Mountain View multimodal analysis
guidelines.
Traffic Signal Coordination for 68
intersections, Modesto, CA, City of
Modesto, 2021-2022, $245K: Project
Engineer who assisted on the project
which optimized and coordinated 68
traffic signals throughout the City of
Modesto. The key tasks for the project
included: data collection, including field
review, “before” travel time survey and
collision analysis; existing conditions
analysis; review of existing traffic signal
timing parameters and provide
recommendations for consistency with
established guidelines; develop
optimized signal timing plans for
weekday peak periods; coordination
with Caltrans; Benefit/Cost Ratio
analysis; and determine the amount of
public benefit derived from investing in
the signal timing project.
Main Street Complete Streets,
Stockton, CA, City of Stockton, 2020-
Ongoing, $159K: Project Engineer who
assisted the City of Stockton to evaluate
the impacts of a proposed road diet on
Main Street between Hunter Street and
Grant Street, and Market Street between
Center Street and locust Street. The
proposed road diet would convert the
four-lane arterial to a three-lane
roadway (one travel lane in each
direction plus a two-way center leftturn lane) with parking lane and bicycle facilities in both directions. A road diet
would enhance safety, mobility and
access for all road users and create a
“complete street” environment to
accommodate several transportation
modes.
Bicycle Facility Planning Services for
Martin Avenue & Walsh Avenue
Corridor (Project 2), Santa Clara, CA,
City of Santa Clara, 2022-Ongoing,
$274K: Project Engineer. Assisted in
data collection, methodology for
existing baseline conditions, level of
service and queuing analysis for existing
no project, existing plus road diet
alternatives conditions at 23 study
intersections. Corridor Travel times
were conducted using the VISSIM
simulation software for the study
scenarios and also provided the
network performance of the study
corridors with the implementation of
proposed bike facilities. Attended
project discussion meetings, BPAC
meetings.
Eureka North-South Multimodal
Corridor Study, Eureka, CA, City of
Eureka, 2017-2018, $72K Project
Engineer who assisted the City of
Eureka to develop a Multimodal
Corridor Plan focusing on the 1.5-mile
corridors of H and I Streets. With the
growing and higher collision rates on H
and I Streets, she identified measures to
calm traffic and reinforce rights-of-way
for all modes of transportation. The
team partnered with a City-certified
local outreach agency to streamline the
community engagement process. We
have completed an informational
workshop, a stakeholders meeting, and
a walking/biking tour which were all
well-received. Residents and other
community members were able to
review and comment on the proposed
concept alternatives before the final
plan was complete.
San Pablo Dam Road Diet Feasibility
Study, Contra Costa County, CA
Contra Costa County, 2020-2022,
$99K: Project Engineer who assisted the
Contra Costa County to analyze the
feasibility of road diet along San Pablo
Dam Road corridor and the impacts
were presented whether it is feasible or
not.
California Street Road Diet Study,
Stockton, CA, City of Stockton, 2021,
$25K: Project Engineer who assisted the
City of Stockton to evaluate the impacts
of a proposed road diet on California
Street between E. Alpine Avenue and E.
8th Street. The proposed road diet
would convert the four-lane arterial to a
three-lane roadway (one travel lane in
each direction plus a two-way center
left-turn lane) with parking lane and
bicycle facilities in both directions. A
road diet would enhance safety,
mobility and access for all road users
and create a “complete street”
environment to accommodate several
transportation modes.
Mission Boulevard Complete Streets
Improvement Project, Alameda, CA,
Alameda County, 2021, $21K: Project
Engineer, assisted in level of service and
queue analysis at four signalized and at
three unsignalized intersections along
Mission Boulevard.
Sperry Avenue at Interstate 5
Interchange, Stanislaus County, CA,
NCM Engineering, 2014-2016, $104K:
Project Engineer. Assisted in, as part of
analysis of, development alternatives.
Assisted in collection and used traffic
volume data collected previously to
interpolate and estimate potential traffic
at the intersection, adjusting for
changes in plans for nearby
development.
State Route 53 Corridor Circulation
Study, Lake County, CA, Lake
County/City Area Planning Council,
2022, $159K: Project Engineer. Assisted
in level of service analysis and impacts
for existing, near-term, and future
conditions at 13 study intersections. In
addition to this proposed roadway
improvements were identified and
prepared cost estimates.
Operations Control Center
Replacement Project, Santa Clara
Valley Transportation Agency (VTA),
CA, 2023, $21K: Task Lead for Level of
Service analysis, and operational
impacts.
51 TJKM | VISION THAT MOVES YOUR COMMUNITY
Planning • Engineering • ITS • Parking • Operations • Complete Streets California | Florida | Texas
-
Stakeholder Engagement
Government & Community
Relations
Urban & Community Design, &
Long Range Planning
Parking Management Studies
Wayfinding Signage
Historic Preservation
Economic Development
Code Drafting, Review &
Interpretation
Historic Research & Writing
YEARS OF EXPERIENCE
19 PROFESSIONAL HISTORY
TJKM 2021-Present
City of McKinney, Texas 2019-2021
City of Dallas, Texas 2006-2019
EDUCATION
B.A., Architecture, Texas Tech
University, Lubbock, TX
Project Experience
Vision Zero Policy & Action Plan,
South Lake Tahoe, CA, City of South
Lake Tahoe, 2023-2025, $249K:
Deputy Project Manager assisted the
City with developing a Vision Zero
Policy and Action Plan. Tasks included
assessment of existing policies,
programs, and practices; Formation of a
Vision Zero Task Force; Communicated
data and information to the public on
social media and on the City's website;
Attended public meetings; Collected
collision data and analysis; Developed
implementable actions and
performance measures; Provided
project recommendations after
collecting information from community
engagement and stakeholder
workgroups; Coordinated with the City
to identify most at-risk population and
worked with local police and EMS
departments; and created the Vision
Zero Action Plan.
Safe Streets & Roads for All Vision Zero
Action Plan, Dinuba, CA, City of
Dinuba, 2023-Ongoing, $317K: Task
Lead assisting the City with assessment
of existing policies, programs, and
practices; Formation of a Vision Zero
Task Force; Collecting collision data
and analysis, Recommending
implementable actions and
performance measures;
Communicating data and information
to the public on social media and on the
City's website; Conducting Bicycle
Rodeos for students to practice and
develop bicycle handling skills;
Providing project recommendations
after collecting information from
community engagement and
stakeholder workgroups; Developing
educational material; Coordinating with
the City to identify most at-risk
population and work with local police
and EMS departments; and creation of a
VZAP to be adopted by City Council.
Vision Zero & Action Plan, Cupertino,
CA, City of Cupertino, 2022-2023,
$79K: Task Lead. Assisted the City to
develop a VZAP to enhance safety and
operations for all modes of
transportation of all ages. The project
included: formation of Stakeholder
Advisory Group; public outreach;
collision data collection and analysis;
identification of Vision Zero
countermeasures; development of
policies and programs; development of
a Capital Improvement List for the
Action Plan and Action Plan Strategy;
development of educational and
enforcement programs; proposed text
for a General Plan update; and a Final
VZAP.
AREAS OF EXPERTISE
Mr. Doty has over 19 years of experience in both the private and public sector with the majority of that time served as a planner or director for major cities in North Texas.
Mr. Doty is an accomplished senior-level planner and project manager with broad stakeholder, community and government relation expertise, team leadership, strategic development and media outreach experience in the public and private sectors. Among the many initiatives and projects, Mark has attended monthly commission and board meetings, stakeholder and other community outreach, parking management, wayfinding signage, impact fee studies, downtown place making, economic development fund review and administration, historic designation, code writing and review.
Mark Doty
PROJECT MANAGER
Project Role: Steering Committee Meetings, Public
Meetings, and Outreach Task Lead and Draft and Final Plan Task Lead
52 letTJK
TJKM | VISION THAT MOVES YOUR COMMUNITY | Mark Doty 2
Safe Streets & Roads for All
Comprehensive Safety Action Plan,
Colusa, CA, City of Colusa, 2023-
Ongoing, $200K: Transportation
Planner supporting Colusa in creating a
CSAP that enhances safety for everyone
on City roads. Components of the
project include community
engagement; data-driven solutions:
crash data, land use, and equity analysis
to create an effective plan; interactive
dashboard: track progress and monitor
safety improvements; and grant
opportunities: secure funding for crucial
safety projects.
Active Transportation Plan, Exeter, CA,
City of Exeter, 2023-2024, $40K: Task
Lead. The team developed an Active
Transportation Plan for the City. Tasks
included: existing conditions review,
identifying and updating pedestrian and
bicycle projects and costs, Safe Routes
to Schools projects, other nonmotorized transportation modes, gathering and reviewing public input,
and developing a draft and final report.
As part of the project scope, TJKM also
prepared a Caltrans ATP Cycle 7 project
application.
Citywide Active Transportation Plan,
Fresno, CA, City of Fresno, 2023-
Ongoing, $400K: Task Lead. The team
is preparing an update to the City Active
Transportation Plan. We will build upon
the previous success that Fresno has
experienced through the enforcement
of these plans and policies as well as
enhancement to critical pedestrian and
bicycle infrastructure to adhere to all
Ages and Abilities standards and
objectives. The team will also develop
strategies and identify opportunities to
improve safety and connectivity,
develop a safety education program,
conduct community outreach
including two Pop-Up demonstration
projects, and develop conceptual plans
for potential projects.
Throckmorton Statue Ad Hoc Advisory
Committee, McKinney, TX, City of
McKinney, 2020, N/A: Staff Lead and
Committee Liaison. Stakeholder for an
Ad Hoc Committee appointed by City
Council to review, analyze, and make
suggestions to City Council regarding
the James Throckmorton statue
located on the McKinney square and
other cultural items that might require
further review. Over the course of three
meetings, historic information was
presented to the Advisory Board, a
platform was provided for citizen and
other stakeholder comments, and final
information on the statue and other
potentially contentious items within the
city were drafted for City Council
review. Four presentations were made
to City Council for consensus and
direction on how to address those
items.
Historic Preservation Program &
Landmark Commission, Dallas, TX,
City of Dallas, 2006-2019, N/A: Chief
Planner and Historic Preservation
Officer for the City of Dallas, TX. Served
as the Chief Planner and Historic
Preservation Officer for the City of
Dallas, which entailed monthly
meetings with the City Council
appointed Landmark Commission.
During those meetings, the Landmark
Commission would review applications
for appropriateness and reach a
conclusion based off
recommendations formulated by the
Chief Planner and other Staff. Additional
duties included outreach and
stakeholder engagement for
neighborhood Task Forces, city
planning and design initiatives, housing,
cultural facilities and use, and economic
development opportunities and
recognition for historically economic
disadvantaged communities in South
Dallas. Other duties included
presentations to City Plan Commission
and City Council committees and
meetings as well as initial point of
contact for citizen, developer, and
outside government agencies and
media.
Vision Zero Plan, Livermore, CA, City
of Livermore, 2023, $84K: Task Lead.
Assisted the City to develop the VZP to
enhance safety and operations for all
modes of transportation of all ages. The
overarching goal is to provide for a safe
and secure transportation system for all
users while eliminating traffic fatalities
from the transportation infrastructure
within the city. The VZP includes:
assessment of existing policies,
programs, and practices; formation of a
Stakeholder Advisory Group;
communicating data and information to
the public on social media and on the
City's website; providing project
recommendations after collecting
information from community
engagement and stakeholder
workgroups; collection of collision data
and analysis, implementable and
equitable solutions and performance
measures; developing educational
material for transportation system users
of all ages; coordinating with the city to
identify most at-risk population and
working with local police and EMS
departments; and creating a Final VZP
to be presented to the Council for
Adoption.
Local Roadway Safety Plan, Pico
Rivera, CA, City of Pico Rivera 2022-
2023, $115K: Task Lead assisted in the
preparation of the City of Pico Rivera's
Local Roadway Safety Plan. Tasks
included system review,
stakeholder/public outreach, collision
analysis, emphasis areas,
countermeasure selection, safety
projects, and final Local Roadway Safety
Plan. TJKM prepared two Highway
Safety improvement Program Cycle 11
applications on behalf of the City that
were awarded in March 2023. The plan
was adopted by City Council in June
2023.
Local Road Safety Plan, Albany, CA,
City of Albany, 2022-2023, $47K: Task
Lead. Assisted the City of Albany in
developing a Local Road Safety Plan.
The Albany Local Road Safety Plan is a
living document including systemic
safety analysis, identification of high-risk
roadway segments and intersections,
emphasis areas and 4 E’s strategies, a
countermeasure toolbox, and priority
safety projects viable to be phased in
short-term, near-term, and long-term
implementation.
53 Scope of Work/Implementation
Proposal for Traffic Calming
Toolbox Development Services
54 Traffic Calming Toolbox Development Services | 17
SCOPE OF WORK/IMPLEMENTATION
Project Understanding
TJKM understands that the City of South Lake Tahoe is seeking a qualified consulting firm to develop a Traffic Calming Toolbox. We know that the City, through its current plans and policies, provides for and supports opportunities for its residents to have healthier lifestyles, safer and extensive multimodal networks in order to reduce energy dependence and create and foster vibrant neighborhoods and harmonious regional connections.
Based on our extensive experience working on similar projects, the TJKM Team will proceed in developing the Traffic Calming Toolbox taking into consideration the 6 “E’s” (Engineering, Engagement, Education, Encouragement, Enforcement, and Emergency Management Systems (EMS)). The involvement of the community in the development of the Toolbox is critical to its success. Our proposed approach key highlights for developing the Traffic Calming Toolbox are summarized briefly below:
Community Values: We understand from our past
experience on similar projects the community’s concerns with quality of life and traffic impacts. We will build on our experience through our community outreach process that
will help us identify concerns, build consensus for desired community attributes, and allow our team to incorporate the values of the community into the alternatives. We will utilize our time with community members to discuss their thoughts on what makes this community different from
other communities in the region. Is it the people, the
architectural character, the history, or perhaps something else that makes it special?
By documenting the existing conditions, we can communicate with the community and Stakeholders and allow them to respond to what they feel most strongly represents their community. The feedback received will be utilized to develop a responsive plan that reflects the community’s spirit and develop a Plan that represents character and identity unique to the community.
Innovative Solutions: The Toolbox will balance technical considerations and safety for all modes of transportation with good design and appropriate principles. Our team of innovators works to balance current and local standards with new developing approaches.
Our team will draw from our history in bicycle/pedestrian planning, land use and economic analysis, innovation to assist in developing alternatives that are feasible. We will utilize current local and national best practices, treatment selection tools, and other methods to evaluate a range of solutions including standard and innovative solutions. We will identify which solutions are included in state and federal guidelines and identify jurisdictions that have successfully implemented other traffic calming toolboxes.
Community Driven Process: We view community outreach as an integral part of the process in developing the Traffic Calming Toolbox. Developing an understanding of the Toolbox from the end user’s point of view – whether they are the general public, business owners, or agency representatives – is essential to the success of the Toolbox.
It will be our goal to work closely with the City staff to maximize the outreach effort, engage the community, and develop a Toolbox that addresses the specific issues that the area is facing under existing conditions. 55 Traffic Calming Toolbox Development Services | 18
A thoughtful review of past and existing planning
work in the area will provide the necessary
background and understanding prior to the
community meetings. Stakeholder and public
meetings will be utilized to understand challenges
and concerns, and develop the Toolbox that address
the feedback received. Public meetings conducted
will be developed in a way that are fun and
interactive to ensure that the community is engaged
and have opportunities to provide input and sustain
interest. People are taking valuable time out of their
schedules to provide input, so we will strive to make the experience enjoyable and have participants leave with a sense that their voice is being heard.
Our intention for the Traffic Calming Toolbox is to identify sustainable improvements and achievable goals, in concert with City of South Lake Tahoe staff, community citizens, and other stakeholders, in order to provide a more pleasurable and safe multimodal experience for everyone that lives, works, or plays in South Lake Tahoe. Core components of the Toolbox will include:
An overall framework plan depicting the City’s future traffic calming network Identification of network deficiencies and development of implementable improvement options Design tools for traffic calming improvements
Conceptual designs for short-term and long-term projects suitable for future Capital Improvement Program funding programming and grant applications
A phasing plan and funding strategy for prioritized projects, programs, and action steps Our team of highly skilled, visionary, and dedicated transportation professionals are continuously engaged in improving access and enhancing safety for bicyclists, motorists, pedestrians, transit users, and persons with disabilities. TJKM regularly leads meetings, hearings, and workshops involving substantial areas of conflict among the participants. We are very comfortable in this setting and value a diversity of views by promoting public engagement and feedback. TJKM specializes in a variety of community outreach methods and strategies to assist our plans and clients, including public workshops, focus groups, hosting walking/biking tours, development of project websites for announcements and to solicit feedback, and intercept and online surveys.
Project Approach
A sound Traffic Calming Toolbox is built on the following principles:
Context Sensitivity
We understand from our past experience on similar projects the community’s concerns with quality of life and traffic impacts. We will build on our experience through our community outreach process that will help us identify concerns, build consensus for desired community attributes, and allow our team to incorporate the values of the community into the alternatives. We will utilize our time with community members to discuss their thoughts on what makes this community different from other communities in the region. Is it the people, the architectural character, the history, or perhaps something else that makes it special? By documenting existing conditions, we can communicate with the community and Stakeholders and allow them to respond to what they feel most strongly represents their community. The feedback received will be utilized to develop a responsive Traffic Calming Toolbox that reflects a theoretical and practical approach to transportation decision-making and design that will take into consideration the communities and lands through which streets, roads, and highways pass.
56 Traffic Calming Toolbox Development Services | 19
TJKM will explore and seek to identify how this Traffic Calming Toolbox may best represent the needs of the community, while at the same time, aligning with definitions and expectations of funding sources.
Commitment
The governing body, such as the Council Members, must embrace the fact that traffic-related deaths are preventable and that they are committed to eliminating, such deaths and serious injuries from roadways. The City’s vision to provide a safe and secure transportation system for all users show s City’s commitment to additional traffic calming for transportation infrastructure within the City. A strong commitment to develop and implement Traffic Calming Toolbox from various stakeholders is critical to achieving the goals of the Toolbox.
Collaboration
A Traffic Calming Toolbox should be developed and implemented in collaboration with various departments, residents, businesses, and other external entities that may include first responder agencies, transit agencies, school districts, Health Departments, etc. Coordination and collaboration from these entities is expected at all stages of Toolbox development and implementation.
TJKM has extensive experience developing safety plans for all modes of transportation and users and neighborhood traffic calming programs that will be instrumental in developing an ambitious yet implementable Traffic Calming Toolbox for the City of South Lake Tahoe. From our knowledge of similar plans developed by numerous cities, we fully recognize that City’s Toolbox will be unique and may include different elements that best meets the needs of its community. Our preliminary Scope of Work to developing this plan is outlined below. We do recognize that with further discussions with City’s staff and community, this approach will be modified as appropriate.
Work Plan
TASK 1 – REVIEW OF DOCUMENTS
TJKM recognizes that there is wealth of information to be gathered from many cities who have successfully developed and utilized traffic calming toolboxes. This task will focus on benchmarking with other cities, conducting extensive research, and preparing a matrix of potential solutions and strategies for further consideration at the public workshops and the City Council sessions. We will gather potential solutions around the E’s as desired by the City. We will review the available documents to become familiar with the past efforts and studies, including but not limited to:
2024 Road Safety Audit Report prepared by DKS Associates Vision Zero Action Plan prepared by TJKM Transportation Consultants The Engineering and Traffic Survey prepared by JLB Traffic Engineering City of South Lake Tahoe General Plan
City of South Lake Tahoe Ordinances regarding traffic regulations Other documents as deemed necessary to conduct the study Deliverables
Existing plans and policies summary (Technical Memorandum) TASK 2 – KICK-OFF MEETING
The TJKM Team will facilitate a Kick-Off Meeting within five days of receiving Notice-to-Proceed. We will arrange to meet with the Public Works, Police, and other departmental staff to review project goals, discuss the composition of the Steering Committee and approach to public outreach, review the project schedule, and discuss the deliverables. TJKM will prepare Kick-Off Meeting materials including an agenda, sign-in sheets, and related handouts. After the meeting, we will summarize the meeting notes and action items in a Google doc that can viewed and edited by TJKM and City staff.
Deliverables
Kick-Off meeting; agenda; presentation and handouts; minutes and action items kept in a Google doc Goals, objectives, and performance measures
57 Traffic Calming Toolbox Development Services | 20
TASK 3 – REVIEW OF BACKGROUND STUDIES AND PLANS
TJKM recognizes that there is wealth of information to be gathered from many cities who have successfully
developed and utilized traffic calming toolboxes. This task will focus on benchmarking with other cities, conducting extensive research, and preparing a matrix of potential solutions and strategies for further consideration at the public workshops and the City Council sessions.
Based upon this extensive research combined with our
team experience on similar projects, we will develop a
matrix of traffic calming strategies. These strategies will be grouped under different categories based upon the specific problem they address, such as speeding, excessive volume or crashes. Each strategy will provide pros and cons and associated costs for construction. While engineering solutions may require minimal on-going staffing support, education and enforcement strategies will require least capital costs but significant on-going staffing costs. The matrix will identify these differences and make appropriate recommendations. The First Draft Matrix will be submitted to the City for internal review and feedback. This draft will be revised to reflect comments from the City staff. The Revised Draft will be produced for presentation.
Deliverables
Assessment of the City’s current traffic calming program; Define current issues/challenges, etc. Benchmarking with Cities of comparable size and complexity Matrix of Traffic Calming Strategies – First Draft and Revised Draft TASK 4 – FIELD REVIEW/CONDITIONS ASSESSMENT
TJKM will conduct field reconnaissance for verifying roadway configurations and infrastructure deficiencies and opportunities for improvements. This will occur at targeted locations identified by the existing conditions analysis and confirmed with the City. TJKM will leverage our expertise in traffic calming, complete streets, active transportation, traffic operations, and active transportation to conduct field review/conditions assessment.
TJKM will first collect the data pertaining to bike, pedestrian, or transportation improvements. We will work closely with City staff to obtain average daily traffic volumes, intersection turning movement counts, and bicycle and pedestrian counts available from City’s recent studies, (e.g., Engineering and Traffic Survey, Traffic Impact Studies, etc.) In addition, TJKM will also collect the following:
Collision Data: TJKM will obtain the latest five years of collision data, including bicycle and pedestrian, from the Transportation Injury Mapping System and the Statewide Integrated Traffic Records System for crosschecking. We will reference supplemental information from City, such as complaint database, if available. Geographic Information System (GIS) Data: Through various sources including the City, County, and others, TJKM will collect GIS shapefiles relevant to the project area.
We will conduct an analysis of vehicular, bicycle, and pedestrian involved collisions within the project area for the most recent five years of data. In this, we will highlight prominent collision trends and map all injury collisions. We will calculate crash rates and identify locations that are experiencing high rates collisions. The collision analysis and the data will be geocoded. Data collected and analysis conducted will be used to identify high priority areas where the project would have the most impact on safety, equity, and addressing traffic calming, latent demand, as well as providing seamless connections to transit and ensure access to community centers. All this information will be complied into an Existing Conditions Summary Technical Memorandum.
58 Traffic Calming Toolbox Development Services | 21
Deliverables
Existing Conditions Summary (Technical Memorandum)
Needs Assessment Summary (Technical Memorandum)
TASK 5 – DEVELOPMENT OF NEIGHBORHOOD TRAFFIC CALMING TOOLKIT The TJKM Team is very excited about Task 4 since it involves putting together invaluable thoughts, ideas and findings collected form the benchmarking, literature review and extensive public outreach; and developing the Traffic Calming Toolbox and formulating related policies and procedures. As we develop these immensely valuable documents, we will focus on the four E’s – Engineering, Education, Empowerment, and Enforcement. TJKM proposes the following key tasks:
Develop a Traffic Calming Toolbox outlining various strategies using the four E’s approach. Formulate policies and guidelines for application of each strategy included in the toolbox. Develop necessary petition processes and forms that will establish required community support prior to the installation of traffic calming devices.
1. Engineering
Most traffic calming solutions require engineering analysis followed by specific physical improvements on the streets or sidewalks. Our evaluation of various engineering solutions for inclusion in the toolbox would include the following features:
Physical improvements such as but not limited to speed humps, chicanes, chocker, traffic circles, etc. Roadway diet strategies
Signage improvements – regulatory, warning and guidance Special treatments such as but not limited to raised and textured crosswalks, speed tables, etc.
We will provide pros/cons and ballpark estimate of each improvement. Additionally, we will outline any negative impacts of engineering solutions such as impact on response times for fire apparatus and ambulances, or impact of speed bumps on individuals with certain health conditions.
2. Education
To address a myriad of traffic safety matters, Cities have developed educational material that serve multiple purposes.
These educational brochures and videos inform the residents about the City’s Traffic Calming related policies and procedures, basic rules of the road, how different devices operate, safe routes to schools, etc. The intent is to educate people in all age groups so that they can safely use the public streets and enjoy their travel experience. Under this task, we propose to provide the following:
Through benchmarking, explore well-received educational material and programs in other cities. The examples include San Jose’s StreetSmarts program, which has been adopted by numerous cities across the nation
Recommend various educational enrichment alternatives for school-aged children, bike riders, and senior citizens.
Develop up to five educational brochures on key traffic calming issues/solutions that will be most valuable to Millbrae residents (e.g. Pros/cons of STOP signs, How to Cross a Street, How does a Countdown Signal Work, etc.).
3. Enforcement
Most cities concerned with traffic safety matters place higher priority on engineering and education alternatives, and deploy enforcement only when necessary. We recognize the resource constraints at the Police Department and negative public image of enforcement efforts. We will explore various enforcement strategies being used by other cities and recommend most effective and feasible strategies for Millbrae to consider. While developing our recommendations, we will outreach South Lake Tahoe’s Traffic Patrol Unit for their input on the best strategies that are well suited for South Lake Tahoe.
59 Traffic Calming Toolbox Development Services | 22
4. Empowerment
We will recommend effective public empowerment strategies where community members take initiative and active role in solving a traffic related problem. The Pace Car program, first introduced in Boise, ID has now been offered in many other cities including Salt Lake City, Honolulu, Boulder, CO, Santa Cruz, and Palo Alto.
We will recommend the most effective approach for utilizing various strategies grouped in three tiers. Tier I improvements will include basic, low cost strategies; Tier II will include mid-level strategies while Tier III will include the most extensive improvements.
Deliverables
Draft and Revised NTCP Policies and Guidelines, and Toolbox Draft Educational Brochures (up to five (5) topics)
TASK 6 – COORDINATION MEETINGS
Throughout the project, TJKM expects ongoing emails and conference calls with the City’s Project Manager to keep the project on track and meet City’s expectations. We will organize bi-weekly virtual calls with City staff to review project progress, deliverables, and action plans and receive input from the City. We assume that the meetings will be held in person or virtual via conferencing with screen sharing capability (Zoom or GoToMeeting). For each meeting, TJKM will prepare including an agenda, sign-in sheets, and related handouts. After the meeting, we will summarize the meeting notes and action items in a Google doc that can viewed and edited by TJKM and City staff.
Deliverables
Agenda; presentation and handouts; minutes and action items maintained in Google doc Project management status meetings; meeting agendas; project status reports; meeting minutes and action items; monthly status report and invoice
TASK 7 – STEERING COMMITTEE MEETINGS
The TJKM Team will organize quarterly Steering Committee meetings with key stakeholders, including Public Works, Police, Fire, Development Services, TRPA, and the City Manager's office, to review project goals, discuss bi-weekly virtual calls with City staff to review project progress, deliverables, and action plans, and receive input from the City. We will attend/conduct four meetings throughout the project. For each meeting, TJKM will prepare an agenda, updated schedule, meeting minutes, and action items maintained in a Google doc.
Deliverables
Attendance at up to four Steering Committee Meetings
Agenda; presentation and handouts; minutes and action items maintained in a Google doc TASK 8 – PUBLIC MEETINGS
Working with City Staff, TJKM will organize two public meetings to receive input from the community. These meetings will be conducted in person, and the meeting locations will be arranged by the City. TJKM will also attend one Council meeting in person to present a draft report and receive input from the public and Council members. TJKM will address the comments and incorporate in the final report, as appropriate. 60 Traffic Calming Toolbox Development Services | 23
Deliverables
Agendas and Presentation Materials
Organize at up to two Public meetings
Attendance at up to one Council meeting
TASK 9 – PUBLIC/STAKEHOLDERS SURVEY
TJKM will conduct online surveys to gather public input regarding the options for traffic calming measures and safety enhancements. An online survey will be an efficient way to engage the public early in the process, both to communicate project objectives and to elicit feedback on specific issues, calming measures, and destinations that should be considered for prioritization. The results of the survey will be integrated into early analysis and help inform future deliverables and may include the development of an email contact list for project updates. However, TJKM is aware that existing and potential users of Traffic Calming Toolbox may not have internet access; therefore, a mailer will be designed for City distribution that includes a description of the project as well as other information pertaining to the project scope and schedule.
Deliverables
Survey/questionnaire; survey results report, and mailing list (English and Spanish) TASK 10 – DRAFT AND FINAL REPORT
Based on the alternative analysis, community input, surveys, and other tasks completed in previous tasks, TJKM will prepare a Draft Report that includes procedures for traffic and safety requests, potential realistic options that can be considered, costs, timelines for evaluation, and other practical approaches to streamline the process and create a highly responsive process in the form of a Traffic Calming Toolbox. The Toolbox will include warrant analysis procedures for stop signs, parking signs, and other traffic control devices in compliance with generally accepted engineering standards and the Manual of Uniform Traffic Control Devices. The final Toolbox will be signed and stamped by Ms. Jariwala, a registered Civil and Traffic Engineer in California.
Deliverables
Traffic Calming Toolbox report (Draft and Final)
All project files, supporting technical data, reports, documentation, and compilation of comments received and responses Schedule
Our proposed team is experienced with specific strengths in each of the areas required to deliver this project on schedule and within budget to the satisfaction of the City of South Lake Tahoe. We have developed an individualized approach for each task that combined with an active project management and team-oriented approach will ensure the delivery of timely, high-quality services. TJKM is committed to complete this project in accordance with the schedule provided.
Tasks June July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Task 1 – Review of Documents
Task 2 – Kick-Off Meeting
Task 3 – Review of Background Studies & Plans
Task 4 – Field Review/Conditions Assessment
Task 5 – Development of Neighborhood Traffic Calming Toolkit Task 6 – Coordination Meetings
Task 7 – Steering Committee Meetings
Task 8 – Public Meetings
Task 9 – Public/Stakeholders Survey
Task 10 – Draft & Final Report
2025 2026
61 Project Budget
Proposal for Traffic Calming
Toolbox Development Services
62 Traffic Calming Toolbox Development Services | 24
PROJECT BUDGET
TJKM truly understands the importance of good project management. We use state-of-the-art technology and software to maintain superior quality control, to control costs, and to maximize the efficiency of resource utilization. Our proposed Project Manager, Ms. Jariwala, will utilize a number of project management tools to ensure budget and schedule compliance.
Timeliness and quality are essential to maintaining good business relationships and a solid reputation. TJKM is committed to preparing high quality deliverables for our clients, while maintaining schedule and budget compliance, and to meeting deadlines that will be associated with this contract.
Nayan
Amin
Ruta
Jariwala
Mark
Doty
Praveena
Samaleti
Rutvij
Patel
Andrew
Dickinson
Grishma
Pandya
PIC &
QA/QC
Project
Manager
Task
Lead
Task
Lead
Assistant
Transportation
Planner
Billing Rate $265.00 $265.00 $200.00 $210.00 $210.00 $200.00 $135.00 Task 1 – Review of Documents 2 4 16 24 46 $ 7,930
Task 2 – Kick-Off Meeting 1 2 2 2 8 15 $ 2,695
Task 3 – Review of Background Studies & Plans 2 2 8 8 $ 3,690 Task 4 – Field Review/Conditions Assessment 2 2 8 16 16 16 60 $ 11,330 Task 5 – Development of Neighborhood Traffic Calming Toolkit 4 4 8 16 16 24 $ 13,340 Task 6 – Coordination Meetings 1 24 24 24 73 $ 16,465
Task 7 – Steering Committee Meetings 1 16 16 16 49 $ 11,065 Task 8 – Public Meetings 1 24 24 24 73 $ 14,665
Task 9 – Public/Stakeholders Survey 2 4 16 22 $ 3,490
Task 10 – Draft & Final Report 1 8 8 24 41 $ 7,225
Sub-Total 5 86 90 82 32 32 144 379 $ 91,895
Travel Costs $ 5,000
Printing & Miscellaneous $ 3,000
Total $ 99,895
Other Direct Costs
Task
TJKM Transportation Consultants
Total
Hours by
Task
Total Cost
by Task
Project Engineers
63 Description of Recent Projects/References
Proposal for Traffic Calming
Toolbox Development Services
64 Traffic Calming Toolbox Development Services | 25
DESCRIPTION OF RECENT PROJECTS/REFERENCES
Nearly 85 percent of our clients are repeat clients. Prompt service, attention to details, strict adherence to schedule requirements, and commitment to our clients’ goals are among the reasons for this steady client base. Our objective on every assignment is to provide the most cost-effective product that meets the specific needs and criteria of each client within the planned schedule and budget. We encourage the City of South Lake Tahoe to contact our references to learn about our performance. We are confident that you will be pleased with what our clients have to say about us.
VISION ZERO POLICY AND ACTION PLAN, SOUTH LAKE TAHOE
Reference: Emily V. Dougherty | City of South Lake Tahoe | (530) 542-6070 | [email protected] TJKM assisted the City of South Lake Tahoe with developing a Vision Zero Policy and Action Plan. The Vision Zero Policy and Action Plan aims to eliminate traffic-related deaths and serious injury collisions on City streets through a clear vision, assigning responsibility, changing or enacting new policies that focus on safety first, identifying existing roadway deficiencies and hazards, and physically changing the streetscape to support equal access to the road network.
Vision Zero prioritizes people and safety first, acknowledges traffic fatalities and serious injuries are preventable, and requires a multifaceted approach (accounting for individual effort through education, modifying the built environment, and considering socioeconomic factors) to be successful.
The Vision Zero Action Plan included: assessment of existing policies, programs, and practices; formation of a Vision Zero Task Force; Communicated data and information to the public on social media and on the City's website; attended public meetings; collected collision data and analysis; developed implementable actions and performance measures; provided project recommendations after collecting information from community engagement and stakeholder workgroups; coordinated with the City to identify most at-risk population and worked with local police and EMS departments; and created the Vision Zero Action Plan. At the January 14 City of South Lake Tahoe City Council public meeting the full City Council attended and the vote for approval was unanimous. 65 Traffic Calming Toolbox Development Services | 26
NEIGHBORHOOD TRAFFIC CALMING PROGRAM, NAPA, CONCORD
Reference: Abhishek Parikh | City of Concord | (925) 671-3129 | [email protected] TJKM developed a comprehensive Neighborhood Traffic Calming Program for City of Concord and Napa envisioned to eliminate current inconsistency in the application of traffic calming strategies and provide a well-defined toolkit to utilize the most proper and effective solutions with community outreach and collaboration. The program was developed to serve as a guide for the City Staff, elected officials, and residents to become acclimated to the policies and procedures for successful implementation of traffic calming solutions that will benefit City’s residents and businesses with a variety of traffic safety related concerns. A robust community outreach (15 meetings) were conducted through the process to build consensus.
The project aimed to assess City’s current traffic related concerns and challenges, research various traffic calming strategies deployed by cities and states across the nation, and develop a robust traffic calming toolkit that will assist the City in addressing these issues. Key elements of the toolkit included: the adoption of the four E’s approach – Education, Empowerment, Enforcement, and Engineering. The program included to expand the available strategies and tools to address neighborhood traffic safety concerns; engineering criteria on the feasibility of each traffic calming measures; effective policies to be applied consistently throughout the City for reviewing traffic related complaints and making necessary improvements; community engagement in the decision-making and implementation process; and identifying funding options. As a part of the project, TJKM also developed countermeasures toolbox.
66 Traffic Calming Toolbox Development Services | 27
NEIGHBORHOOD TRAFFIC CALMING PROGRAM AND COMPLETE STREETS POLICY, DINUBA Reference: Ismael Hernandez | (Formerly City of Dinuba) City of Madera | (559) 661-5466 | [email protected] The City of Dinuba hired TJKM to assist with the development of their first Neighborhood Traffic Calming Program and Complete Streets Policy.
The Neighborhood Traffic Calming Program aims to provide a welldefined toolbox to effectively utilize the most appropriate traffic calming solutions with proper community outreach and collaboration. Key tasks of this Program are development of a Traffic Calming Toolbox, policies, and guidelines for application of each strategy in the toolbox, and develop necessary forms/educational documents to establish community support. In addition, TJKM is developing a Complete Streets Policy to assist long-term citywide multimodal planning and decision making.
TJKM recommended a joint outreach effort for the Neighborhood Traffic Calming Program and Policy, along with the ongoing Pedestrian and Bicyclist Safety and Connectivity Study that TJKM is currently contracted to complete.
67 Traffic Calming Toolbox Development Services | 28
NEIGHBORHOOD TRAFFIC CALMING PROGRAM, MILLBRAE
Reference: Andrew Yang | City of Millbrae | (650) 259-2339 | [email protected] TJKM was contracted with the City of Millbrae
to develop the City’s first Citywide
Neighborhood Traffic Calming Program. This
Program was composed of a City-customized
matrix of traffic calming measures and criteria
of feasibility (toolbox), and a traffic calming
application reviewing process for residents and
decision makers. TJKM designed a project
website as part of the community participation
and outreach portion of the project. Additional
outreach methods included two community
workshops that identified areas of concerns and
solutions to those concerns. As part of the
project, TJKM developed 35 percent conceptual plans of a list of pilot design projects at key city intersections and midblock locations, including striping, signage, temporary/permanent bulb outs, traffic circles and chicanes aimed to enhance safety and better multimodal circulation. Some of the speed reduction treatments and striping have been implemented with positive community feedback.
68 Traffic Calming Toolbox Development Services | 29
TRAFFIC CALMING IN THE LYON-HOAG NEIGHBORHOOD & VICINITY, BURLINGAME Reference: Michael Tsai | City of Burlingame | (650) 558-7236 | [email protected] TJKM is developing a Traffic Calming Study for the City of Burlingame for the Lyon Hoag Neighborhood and other neighborhoods within its vicinity. Specific tasks include project management and Kick-Off Meeting, collect background and existing conditions information, community participation and outreach, development of Traffic Calming Strategies, develop conceptual designs, and Draft and Final Plan.
The project is aimed to address existing traffic and safety issues by implementing traffic calming measures such as bulbouts, turn restrictions, and safer pedestrian and bicycle facilities, within the neighborhood street network. The project involves extensive community outreach process to engage the residents and to assist the City to achieve context-sensitive capital project development. TJKM designed a project website as part of the community participation and outreach portion of the project. Additional outreach methods include an Online Resident Survey, three outreach workshops, and a Public Hearing for presentation of the Study. The project is currently in the process of soliciting resident concerns with regard to spending, cut-through traffic, parking, and other traffic calming issues through a stakeholder advisory group, community workshops, pop-up neighborhood events, and an optional walking tour. 69 Traffic Calming Toolbox Development Services | 30
NEIGHBORHOOD TRAFFIC CALMING PROGRAM, HAYWARD
Reference: Fred Kelley | City of Hayward | (510) 583-4781 | [email protected] TJKM developed the first comprehensive Neighborhood Traffic Calming Program for the City. They envisioned to eliminate current inconsistency in the application of traffic calming strategies and provide a well-defined toolkit to utilize the most proper and effective solutions with community outreach and collaboration. The program was developed to serve as a guide for the City Staff, elected officials, and residents to become acclimated to the policies and procedures for successful implementation of traffic calming solutions that will benefit residents and businesses with a variety of traffic safety related concerns.
The project aimed to assess current traffic related concerns and challenges, research various traffic calming strategies deployed by cities and states across the nation, and develop a robust traffic calming toolkit that will assist the City in addressing these issues. Key elements of the toolkit included the adoption of the 4 E’s approach – (Education, Empowerment, Enforcement, and Engineering) to expand the available strategies and tools to address neighborhood traffic safety concerns.
Criteria on the feasibility of each traffic calming measures; effective policies to be applied consistently throughout the City for reviewing traffic related complaints and making necessary improvements; community engagement in the decision-making and implementation process; and identifying funding options. Ruta Jariwala our proposed Project Manager served as the Project Manager for the Citywide Neighborhood Traffic Management Plan. 70 Traffic Calming Toolbox Development Services | 31
STANFORD NEIGHBORHOOD STREETS ENHANCEMENT PROJECT, REDWOOD CITY Reference: Jessica Manzi | (650) 780-7372 | (650) 780-7372 | [email protected] As part of the approved Stanford University Development Agreement, a fee was allocated towards a Neighborhood Street Enhancement Program (NSEP) for three neighborhoods affected by the new office campus in Redwood City. These funds could be used towards traffic calming efforts, landscaping, bicycle facilities, and other features that would create an attractive neighborhood boundary and discourage cut-through traffic. The TJKM Team studied existing transportation network conditions around and within the NSEP to understand current infrastructure and its deficiencies, including roadways network, transit services, parking utilization, pedestrian and bicycle connectivity, and accessibility. The Team assessed planning visions, plans, polices, and design standards of the City, County, and regional authorities to ensure consistency with the proposed measures. Measures are categorized into complete streets, traffic calming, and neighborhood beautification.
Outreach played a vital role in this study. TJKM held a total of seven outreach meetings, by neighborhood and jointly, to receive suggestions and concerns from the community, as well as to suit the community’s real needs in improving traffic circulation, safety, and enhancement of the community appearance while maintaining its identity. TJKM engaged the community to prioritize the various transportation and streetscaping projects and provided detailed cost estimates and engineering design feasibility for the projects the community identified as high priority. The NSEP has been granted support from the City’s Complete Streets Commissions and was reviewed and approved by the Council. 71 Traffic Calming Toolbox Development Services | 32
ACTIVE TRANSPORTATION PLAN, EXETER
Reference: Eddie Wendt | City of Exeter | (559) 804-9988 | [email protected] TJKM assisted the City of Exeter to develop an Active Transportation Plan to enhance walking and bicycling within the City of Exeter. As a guiding framework, the Active Transportation Plan aimed to foster safer, more accessible, and enjoyable streets and bikeways, particularly benefiting those who rely on non-motorized transportation for daily commuting. The Active Transportation Plan outlined key recommendations to bolster and encourage bicycling and walking while improving the infrastructure to support the City’s growing population.
The Active Transportation Plan also provided a thorough inventory of existing bike and pedestrian infrastructure, identifying areas for improvement, prioritizing enhancements, and outlines sources to secure funding for implementation using the existing Complete Streets with ADA Compliance and Active Transportation Safety Enhancement Plan. Exeter’s Active Transportation Plan was also guided by an Equity Framework that focuses on addressing the needs of the City’s most vulnerable user groups, including low-income families, children, elderly residents, people with disabilities, and those without access to cars.
The Active Transportation Plan sets forth a vision for a connected and complete pedestrian and bicycle network that provides optimal mobility, safety, and accessibility for all residents, regardless of age or ability. This network is designed to be maintainable, scalable, and seamlessly integrated into the lifestyles of Exeter’s residents.
As part of the project scope, TJKM also prepared a Caltrans Active Transportation Program Cycle 7 project application that was submitted in June 2024 for consideration. The final report was adopted by Exeter City Council in September 2024.
72 Traffic Calming Toolbox Development Services | 33
CITYWIDE ACTIVE TRANSPORTATION PLAN UPDATE, FRESNO
Reference: Jill Gormley, TE | City of Fresno Department of Public Works | (559) 621-8728 | [email protected] The City of Fresno is updating the 2017 Active
Transportation Plan to evaluate the current plan and
update accordingly. The City of Fresno’s current plans
and policies, provides for, and supports opportunities
for its residents to have healthier lifestyles, safer and extensive multimodal networks. Safe and efficient
multimodal network is envisioned to reduce energy
dependence; create and foster vibrant neighborhoods;
and provides seamless and harmonious regional
connections.
Using the 2017 Active Transportation Plan, 2021
General Plan, Local Road Safety Plan, as well as other
policies, programs and other relevant activities, TJKM
will build upon the previous success that Fresno has
experienced through the enforcement of these plans
and policies as well as enhancement to critical
pedestrian and bicycle infrastructure to adhere to all
Ages and Abilities standards and objectives. The TJKM
Team will also develop strategies and identify
opportunities to improve safety and connectivity,
develop a safety education program, a robust public
outreach program, Safe Routes to School toolbox, and
develop conceptual plans for potential projects.
73 Appendix
Proposal for Traffic Calming
Toolbox Development Services
74 Traffic Calming Toolbox Development Services | A
Appendix A
Required Forms
75 Page | 17
EXHIBIT D
ANTI-LOBBYING CERTIFICATION
Vendor shall submit to City this certification prior to or at the time of the execution of this Agreement.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.
The undersigned certifies, to the best of his or her knowledge or belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, cooperative Agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instruction.
Vendor:
Name, Title
By:________________________________________
TJKM Transportation Consultants
Nayan Amin, President
76 Page | 18
EXHIBIT E
DEBARMENT AND SUSPENSION CERTIFICATION
Debarment and Suspension Certification
The undersigned (authorized official signing for the Bidder) hereby declares under penalty of perjury the following:
1. In accordance with section 6109 of the Public Contract Code, the bidder declares that bidder will not enter into any contract with a subcontractor who/which has been debarred pursuant to section 1771.1 or section 1777.7 of the Labor Code. No public monies shall be paid to a debarred subcontractor, and any contract entered into for public work between a prime contractor and debarred subcontractor shall be considered void as a matter of law. Any payments made to a debarred subcontractor shall be returned to Owner. The prime contractor shall be solely responsible for all payments to a debarred subcontractor. In no case shall any public money be used to pay a debarred subcontractor.
2. In accordance with section 10162 of the Public Contract Code, has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes ___________ No ___________
If the answer is yes, explain the circumstances in the following space (use additional sheets if necessary).
3. In accordance with section 10232 of the Public Contract Code, has more than one final, unappealable finding of contempt of a court by a federal court has been issued against the Bidder within the immediately preceding two-year period because of the Bidder's failure to comply with an order of a federal court which orders the Bidder to comply with an order of the National Labor Relations Board? For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding.
Yes ___________ No ___________
If the answer is yes, explain the circumstances in the following space (use additional sheets if necessary).
77 Page | 19
4. In accordance with section 10285.1 of the Public Contract Code, the Bidder declares that neither the Bidder nor any subcontractor to be engaged by the Bidder has been convicted of any of the offenses referred to in this section within the preceding three (3) years.
These offenses include if that Bidder or any subcontractor to be engaged by the Bidder, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including, for the purposes of this certification, The City of South Lake Tahoe.
5. Certification Regarding Debarment and Suspension
The undersigned (authorized official signing for _____________________________) certifies to the best of his or her knowledge and belief, that the _______________________, defined as the primary participant in accordance with 45 C.F.R. Part 76, and its principals:
A. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; B. have not within a three-year period preceding this Proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
D. have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
By my signature which is placed below on behalf of the named Bidder, I certify, under penalty of perjury under the laws of the State of California, that I am an officer, principal or owner of the Bidder, and that the foregoing questionnaire, and all certifications and statements therein, are accurate, true and correct.
Date: ____________ Bidder's Signature: ____________________________________ Bidder's Name and Title (Print): __________________________ Nayan Amin, President 4/15/2025
TJKM Transportation Consultants
TJKM Transportation Consultants
78 CALIFORNIA | FLORIDA | TEXAS
Corporate O ce 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 | www.TJKM.com
TJKM
79 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
4/29/2025
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Helen Jang 626-696-1892 [email protected] License#: 6003745 Travelers Property Casualty Company of America 25674 TJKM000-01 Travelers Casualty and Surety Co of America 31194
T J K M
dba: TJKM Transportation Consultants
4305 Hacienda Dr., Suite 550
Pleasanton CA 94588
The Travelers Indemnity Company of Connecticut 25682 486975371 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 Included 1,000,000 2,000,000 X Y Y 6800J039683 4/1/2025 4/1/2026
2,000,000
C
1,000,000 X
Y Y BA5R185660 4/1/2025 4/1/2026
A X X 5,000,000 Y Y CUP0D451898 4/1/2025 4/1/2026
5,000,000 X
0 A X
N
Y UB0K938923 4/1/2025 4/1/2026
1,000,000 1,000,000 1,000,000
B Professional Liab & Poll. Liab 106898029 4/1/2025 4/1/2027 Per Claim Aggregate Limit
$5,000,000
$5,000,000
The following policies are included in the underlying schedule of insurance for umbrella/excess liability: General Liability/Auto Liability/Employers Liability/Employee Benefits Liability.
Re: Proposal for Traffic Calming Toolbox Development Services, RFP 04-15-2025-2.
City of South Lake Tahoe, its elected or appointed officers, officials, employees, agents and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s).
30 Day Notice of Cancellation
City of South Lake Tahoe
1740 D Street
South Lake Tahoe CA 96150 80
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COMMERCIAL GENERAL LIABILITY
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ײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò ·¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»·¹²¿¬»¼¿²¼¼»½®·¾»¼·²¬¸»½¸»¼«´»±º ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±®±®ó ¬¸·»²¼±®»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó ¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ «®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬ó½±³°´»¬»¼±°»®¿ó ®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²¸¿¦¿®¼þò ¿¹»þ½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸»
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Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "productscompleted operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.
Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies.
CG T8 02 XX XX
DATE OF ISSUE:
6800J039683 04/01/2025
81 ÐÑÔ×ÝÇÒËÓÞÛÎ
COMMERCIAL GENERAL LIABILITY
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°®·²½·°¿´¿¿°¿®¬±º¬¸»¿³»°®±¶»½¬ò
ݱ°§®·¹¸¬îððë̸»Í¬òп«´Ì®¿ª»´»®Ý±³°¿²·»ôײ½òß´´®·¹¸¬®»»®ª»¼ò п¹»ï±ºï ײ½´«¼»½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²«®¿²½»Í»®ª·½»Ñºº·½»ôײ½ò©·¬¸·¬°»®³··±²ò Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.
Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
CG T8 01 XX XX
DATE OF ISSUE:
6800J039683 04/01/2025
82 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations
5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver apers To Us plies only to the person or organization desigWe waive nated in such contract. any right of recovery we may have against any person or organization to the extent
CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy #
BA5R185660
83 COMME A RCI L AUTO
THIS ENDORSEMENT CHANGES T EH POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
This n n o i s n e dorseme t m d fie i surance provi t o l w ded under he f l o ing:
BUSI S U C E O NE S A TO OV RAGE F RM
MO R R E E G O TO CA RI R COV RA E F RM
The fol w s lo ing i added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II COV R T S E ED AU O sig u f r ned by yo be o e the "bodil " r y injury or "prope ty LI L T V R ABI I Y CO E AGE in the BUSINE O SS AUT dama " s ge occur and that is in eff ce t during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for e Cov red An Insured, of SECTION II COV T S ERED AU O Autos i e Liabil ty Cov rage, but on r a ly fo dam ges to LI L T V ABI I Y CO ERAGE in the MOTOR CARRIER which this insurance applies d an only to the ext f ent o COVERAGE FORM, whicheve v r Co erage Form is that person r r i n 's o o ganizat o 's liab i r n il ty fo the co duct par f o c : t o y ur poli y of h s anot er "in ured".
This n u s n z i cl de any perso or organi ation who you are req r r ui ed unde a written contr c r r m a t o ag ee ent CA T 0 4 37 2 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy:
BA5R185660
84 COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this methoo, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis. this insurance is primary to other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury'' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit perioo we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, prooucts or services
for the purposes of attracting customers or
supporters is considered an advertisement.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # 6800J039683
85 COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical services" to any person to the extent not (b) First aid or "Good Samaritan services" subject to Paragraph 2.a.(1) of Section II by any of your "employees" or "volunteer Who Is An Insured. workers", other than an employed or volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any
3. The following replaces the last sentence of one person, and will be the higher of:
Paragraph 5. of SECTION III LIMITS OF a. $10,000; or
INSURANCE:
b. The amount shown in the Declarations of For the purposes of determining the this Coverage Part for Medical Expense
applicable Each Occurrence Limit, all related
Limit. acts or omissions committed in providing or
failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION PROFESSIONAL LIABILITY services" to any one person will be deemed The following is added to Paragraph 4.b., to be one "occurrence".
Excess Insurance, of SECTION IV
4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I CONDITIONS:
COVERAGES COVERAGE A BODILY
This insurance is excess over any of the other
INJURY AND PROPERTY DAMAGE
insurance, whether primary, excess, contingent LIABILITY:
or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the
"Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. OR AGREEMENT
5. The following is added to the DEFINITIONS
Section: The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services" means: of SECTION IV COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS:
ray or nursing service or treatment,
If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of
furnishing of food or beverages; or
recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of:
6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV occurs; or COMMERCIAL GENERAL LIABILITY
CONDITIONS: b. "Personal and advertising injury" caused by an offense that is committed; This insurance is excess over any valid and collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # 6800J039683
86 WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)
POLICY NUMBER:
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium.
Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Insurance Company Countersigned by
DATE OF ISSUE: Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.
UB0K938923 Travelers Property Casualty Company of America 4/29/2025 87 BLANKET ADDITIONAL INSURED – PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE
© 2016 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy Number: BA-5R185660
88 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 20, 2025
Agenda Item #:3
Agenda Item: Ordinance Amending Chapter 8.05.170 (Permits to Reserve Portions of Park) of the South Lake Tahoe City Code to Establish a Commercial User Permit (Second Reading), and Establishing a Permit Fee of $50
Executive Summary: Commercial entities have been charging a fee for activities, classes and meetings on park property without rental agreements or fitting within the purview of the special event guidelines.
Staff proposes amending the City Code Section 8.05.170 Permits to Reserve Portions of Park to capture these type of commercial park uses to limit conflicts with other recreational users. The City desires to establish a Commercial Use Permit where the director or designee may issue a permit to any person desiring to use a portion of any City park for any commercial purpose defined as an activity, class or meeting where a fee to participate is charged.
Requested Action / Suggested Motions: 1) Pass an Ordinance amending Chapter 8.05.170 (Permits to Reserve Portions of Park) establishing a permit for commercial use purposes; and 2) Pass a Resolution amending the 2024/2025 Master Fee Schedule to establish a permit fee of $50.
Responsible Staff Member: John Stark, Director of Parks & Recreation Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Parks & Recreation Commercial Use Ordinance.docx 02-Resolution-Parks & Recreation Commercial Use Permit Fee.docx 03-Ordinance - Parks & Recreation Commercial Use.docx
04-Commercial Use Ordinance Redline.pdf
05- Legal Notice Publication.pdf
89 Council Agenda Report- May 20, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: May 20, 2025
Title: Amendments to Chapter 8.05.170 (Permits to Reserve Portions of Park) of the South Lake Tahoe City Code to Establish a Commercial Use Permit
Location: Citywide
Responsible Staff Member: John Stark, Director of Parks & Recreation, 530-307-9145 Background: Commercial entities are charging a fee for activities, classes and meetings on park property without rental agreements or fitting within the purview of the special event guidelines.
The City proposes amending the City Code Section 8.05.170 Permits to Reserve Portions of Park to capture these type of commercial park uses to limit conflicts with other recreational users. The City desires to establish a Commercial Use Permit where the director or designee may issue a permit to any person desiring to use a portion of any City park for any commercial purpose defined as an activity, class or meeting where a fee to participate is charged.
Any person desiring to reserve a portion of any city park for any activity, other than a special event, shall apply for a City of South Lake Tahoe facility use permit, in accordance with the following provisions:
A. Standards for Issuance. The director or designee may issue a permit hereunder when they find that the following standards have been met:
1. That the proposed activity or use of the park or facility will not unreasonably interfere with or detract from the general public enjoyment of the park.
2. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
3. That the proposed activity or use is not unreasonably anticipated to incite violence, crime or disorderly conduct.
4. That all required fees and charges have been paid for issuance of the permit.
5. That the park or facilities desired have not been reserved for other use at the day and hour required in the application.
B. Permits for Commercial Purposes. In addition to the standards set forth in subsection A, the director or designee may issue a permit to any person desiring to use a portion of any city park for any commercial purpose, defined as an activity, class, or meeting where a fee for admission is charged or any other activity from which monetary benefit is to be derived directly or indirectly, when they find that the following standards have been met:
90 Council Agenda Report- May 20, 2025 Page 2 of 2
1. The permitted use is non-exclusive.
2. No more than 50 participants or the number specified in the permit, whichever is less, are permitted during any activity, class, or meeting.
3. The permitted use will not use any structures or park equipment unless specified in the permit.
4. The permitted use may take place only during posted park hours.
5. The permittee may only conduct one activity, class, or meeting at a time.
6. The term of the permit shall not exceed six months.
7. The director or designee is authorized to include additional permit conditions to ensure that impacts to the park and other park patrons are minimized.
Permits will be issued for a six-month term for a fee of $50.
Issue and Discussion: Staff recommend Council pass an ordinance (Attachment 03) to amend City Code section 8.05.170 establishing a commercial use permit to provide oversight and limit recreation conflicts for commercial activities in parks.
Financial Implications:
Staff will contact commercial operators known to be using parks for commercial purposes as staff become aware of their activity and inform them of the commercial use permit requirement.
Environmental Considerations:
This ordinance is categorically exempt from review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15301 (existing facilities) and 15323 (normal operation of facilities for public gatherings).
Policy Implications:
The amended code will align with Strategic Plan priorities 2.2 Equitable Access: Promote equitable access to recreation for underserved, under-resourced populations and people with disabilities by implementing recreation programs for inclusion. Support active and healthy lifestyles and strive to develop parks in every neighborhood. Action Item 1: Create low-to no-cost recreation programs and access to recreation gear for qualified families to engage in outdoor recreation and education.
Action Item 2: Evaluate opportunities to expand partnerships to promote health and wellness, combat childhood obesity and encourage healthy lifestyles. 91 Resolution 2025-XXX May 20, 2025 Page 1 of 2
Resolution 2025-XXXX
Adopted by the City of South Lake Tahoe
City Council
May 20, 2025
Amending FY 2024/2025 City Master Fee Schedule to
include Parks & Recreation Commercial Use Permit
Fee
BACKGROUND
A. On March 25, 2025, City Council adopted Resolution No. 2025-015 establishing the 2024/2025 City of South Lake Tahoe Master Fee Schedule.
B. South Lake Tahoe City Code section 8.05.170 (Permits to Reserve Portions of Park), as amended on May 20, 2025, authorizes the Director of Parks and Recreation to issue Permits for Commercial Use.
C. Staff recommends establishing a fee for Permits for Commercial Use.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Has conducted an analysis of the costs of its services.
2. Wishes to recover costs of providing special services, such that general revenues are not diverted from general services to subsidize services.
3. Intends to charge the new fee amounts according to the implementation dates as set forth in the applicable codes and all fees and charges as presented in the Master Fee Schedule are hereby to be computed and applied by the various City departments.
4. Approves the following fees which are effective upon approval of this resolution, amending the Master Fee Schedule:
Parks & Recreation Department
Fee Description Unit Adopted Fee
Outdoor Park Facility Rental
Commercial Use Permit 6-Month Permit $50
92 Resolution 2025-XXX May 20, 2025 Page 2 of 2
Adopted by the City of South Lake Tahoe City Council on May 20, 2025, by the following vote:
Yes:
No:
Absent:
Abstain:
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.
93 Ordinance 2025-XXX May 20, 2025 Page 1 of 3
Ordinance 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
May 20, 2025
An Ordinance Amending South Lake Tahoe City Code Section 8.05.170 Permits to Reserve Portions of Park & Permits for Commercial Purposes
FINDINGS
A. The City is aware of different commercial entities charging a fee for activities, classes and meetings on park property without rental agreements or fitting within the purview of the special event guidelines.
B. The City proposes amending the City Code Section 8.05.170 Permits to Reserve Portions of Park to capture these type of commercial park uses to limit conflicts with other recreational users.
C. The City desires to establish the ability to offer a Commercial Use Permit where the director or designee may issue a permit to any person desiring to use a portion of any City park for any commercial purpose defined as an activity, class or meeting where a fee to participate is charged outlined in subsection B Permits for Commercial Purposes below.
Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:
SECTION 1. Section 8.05.170 Permits to Reserve Portions of Park shall be amended to read in its entirety as follows:
8.05.170 Permits to Reserve Portions of Park.
Any person desiring to reserve a portion of any city park for any activity, other than a special event, shall apply for a City of South Lake Tahoe facility use permit, in accordance with the following provisions:
A. Standards for Issuance. The director or designee may issue a permit hereunder when they find that the following standards have been met:
1. That the proposed activity or use of the park or facility will not unreasonably interfere with or detract from the general public enjoyment of the park.
2. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
3. That the proposed activity or use is not unreasonably anticipated to incite violence, crime or disorderly conduct.
4. That all required fees and charges have been paid for issuance of the permit. 94 Ordinance 2025-XXX May 20, 2025 Page 2 of 3
5. That the park or facilities desired have not been reserved for other use at the day and hour required in the application.
B. Permits for Commercial Purposes. In addition to the standards set forth in subsection A, the director or designee may issue a permit to any person desiring to use a portion of any city park for any commercial purpose, defined as an activity, class, or meeting where a fee for admission is charged or any other activity from which monetary benefit is to be derived directly or indirectly, when they find that the following standards have been met:
1. The permitted use is non-exclusive.
2. No more than 50 participants or the number specified in the permit, whichever is less, are permitted during any activity, class, or meeting.
3. The permitted use will not use any structures or park equipment unless specified in the permit.
4. The permitted use may take place only during posted park hours.
5. The permittee may only conduct one activity, class, or meeting at a time.
6. The term of the permit shall not exceed six months.
7. The director or designee is authorized to include additional permit conditions to ensure that impacts to the park and other park patrons are minimized.
C. Effect of Facility Use Permit. The person or persons to whom a permit is issued shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in such permits.
D. Liability of Permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by the city or any person arising out of, resulting from, or in any way connected to the permit and/or the sale, possession and consumption of alcohol.
E. Revocation. The director or his/her designee shall have the authority to revoke a permit upon a determination that a violation of any rule or ordinance has been committed, or upon good cause shown.
F. Exceptions. The preceding provisions shall not apply to special events in city parks, which are instead subject to the requirements of SLTCC 6.55.230.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subjection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.
SECTION 4. This ordinance shall become effective thirty days after the date of its adoption.
Adopted by the City of South Lake Tahoe City Council on May 20, 2025, by the following vote:
95 Ordinance 2025-XXX May 20, 2025 Page 3 of 3
Yes:
No:
Abstain:
Absent:
________________________ Date:_________
Tamara Wallace, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading:
Published:
Second Reading:
Effective:
96 South Lake Tahoe City Code Page 1/2
The South Lake Tahoe City Code is current through Ordinance 1184, passed March 26, 2024.
8.05.170 Permits to reserve portions of park.
Any person desiring to reserve a portion of any city park for any activity, other than a special event, shall apply for a city of South Lake Tahoe facility use permit, in accordance with the following provisions:
A. Standards for Issuance. The director or his/her designee may issue a permit hereunder when he or shethey finds that the following standards have been met:
1. That the proposed activity or use of the park or facility will not unreasonably interfere with or detract from the general public enjoyment of the park.
2. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
3. That the proposed activity or use is not unreasonably anticipated to incite violence, crime or disorderly conduct.
4. That all required fees and charges have been paid for issuance of the permit.
5. That the park or facilities desired have not been reserved for other use at the day and hour required in the application.
B. Permits for Commercial Purposes. In addition to the standards set forth in subsection A, the director or designee may issue a permit to any person desiring to use a portion of any city park for any commercial purpose, defined as an activity, class, or meeting where a fee for admission is charged or any other activity from which monetary benefit is to be derived directly or indirectly, when they find that the following standards have been met:
1. The permitted use is non-exclusive.
2. No more than 50 participants or the number specified in the permit, whichever is less, are permitted during any activity, class, or meeting.
3. The permitted use will not use any structures or park equipment unless specified in the permit.
4. The permitted use may take place only during posted park hours.
5. The permittee may only conduct one activity, class, or meeting at a time.
6. The term of the permit shall not exceed six months.
7. The director or designee is authorized to include additional permit conditions to ensure that impacts to the park and other park patrons are minimized.
B. Effect of Facility Use Permit. The person or persons to whom a permit is issued shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in such permits.
97 South Lake Tahoe City Code Page 2/2
The South Lake Tahoe City Code is current through Ordinance 1184, passed March 26, 2024.
C. Liability of Permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by the city or any person arising out of, resulting from, or in any way connected to the permit and/or the sale, possession and consumption of alcohol.
D. Revocation. The director or his/her designee shall have the authority to revoke a permit upon a determination that a violation of any rule or ordinance has been committed, or upon good cause shown.
E. Exceptions. The preceding provisions shall not apply to special events in city parks, which are instead subject to the requirements of SLTCC 6.55.230. Any person desiring to reserve a portion of a park for an activity which constitutes a special event pursuant to the city’s approved special event guidelines or the Lakeview Commons special event guidelines shall adhere to said guidelines for all purposes related to the special event. 98 LEGAL PUBLICATION
CITY OF SOUTH LAKE TAHOE
SUMMARY OF PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that on May 6, 2025,
the City of South Lake Tahoe City Council waived
first reading, read by title only and referred to second reading and adoption at the May 20, 2025, City Council
meeting, the following ordinance:
“An Ordinance Amending South Lake Tahoe
City Code Section 8.05.170 (Permits to Reserve
Portions of Park) to Allow Permits for Commercial
Purposes”
City Attorney’s Summary of Ordinance:
“The proposed ordinance would create a new type of
permit for a term of six months for the non-exclusive
use a portion of a city park for activities where a fee to participate is charged . This type of permit would
be issued by the Director of Parks & Recreation,
and would be for organizers of activities involving the lesser of 50 participants or the number specified in
the permit, not using any park structures or equipment
unless specified, only occurring during posted park
hours. Permits may include additional conditions to
ensure impacts to the park and other park patrons are
minimized.”
A copy of the proposed ordinance in its entirety is
available for review at the City Clerk’s Office or by
contacting the City Clerk.
Susan Blankenship
Susan Blankenship, City Clerk
[email protected]
City of South Lake Tahoe
1901 Lisa Maloff Way, Ste 206
South Lake Tahoe, Ca 96150
(530) 542-6005
Published: May 9, 2025
99 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 20, 2025
Agenda Item #:4
Agenda Item: Easement Acquisition on 3747 Rockwood Drive for the Upper Bijou Park Creek Watershed Restoration Project
Executive Summary: The Upper Bijou Park Creek Watershed Restoration Project is a watershed-scale project seeking to address water quality and flooding issues in a phased approach in order to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850- acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The upper watershed project includes plans to restore Stream Environment Zone (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 part of the upper watershed project is the Rockwood to Blackwood Drainage Improvements Project (Project), which begins construction in May 2025 and will reduce flooding on Woodbine Road, Rockwood Drive, Blackwood Road, and in the Heavenly Valley Estates Mobile Home Park. As part of the Project, a portion of the existing Rockwood Drive is being removed in order to restore SEZ and allow for drainage improvements (refer to attachment 02). To ensure emergency vehicles can adequately turn around on Rockwood Drive after the removal of a portion of the existing road, the turnaround is proposed on the State of California (California Tahoe Conservancy - CTC) owned property at 3747 Rockwood Drive. The City previously executed a long-term license agreement with the CTC (Resolution No. 2024- 120) for the drainage related components of the Project on CTC property; however, CTC requested that a grant of easement be completed for the construction, operation, and maintenance of the emergency turnaround as it will function as an extension of the City’s street and right-of-way. After an appraisal was completed, the City negotiated a purchase price with the CTC for an easement acquisition totaling 1,337 square feet (refer to attachment 05) for $5,350. Approval of this acquisition will allow the City to move forward with construction of the emergency vehicle turnaround included in the awarded construction contract plans.
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute the Grant of Easement with the State of California for an easement acquisition on 3747 Rockwood Drive for a total amount of $5,350, for the Upper Bijou Park Creek Watershed Restoration Project.
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-CTC Easement - Rockwood Turnaround.docx 02-Rockwood Drive Plan.pdf
03-Resolution-Purchase Agreement.docx
04-Grant of Easement (Exh. A to Reso).docx
05-Legal Description Plat.pdf
100
Council Agenda Report May 20, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: May 20, 2025
Title: Easement Acquisition on 3747 Rockwood Drive for the Upper Bijou Park Creek Watershed Restoration Project
Location: 3747 Rockwood Drive (APN 025-282-010)
Responsible Staff Member: 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 in order to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850-acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The City completed Phase 1 in 2018 with the redevelopment of the Knights Inn hotel, replacing the failing storm drain pipe with new stormwater treatment basins and conveyance system integrated in the new Wholefoods/Southwest Corner redevelopment project. The City is currently in Phase 2 of the project, focused on the large upper watershed area subject to historic flooding, development impacts in Stream Environment Zone (SEZ) areas, and water quality issues. The upper watershed project includes plans to restore SEZ and floodplain areas, provide drainage solutions to support future active transportation improvements, and include distributed natural treatment systems to reduce sediment and nutrient loads in urban runoff that have the potential to impact Lake Tahoe.
One part of the upper watershed project is the Rockwood to Blackwood Drainage Improvements Project (Project), which begins construction in May 2025 and will reduce flooding on Woodbine Road, Rockwood Drive, Blackwood Road, and in the Heavenly Valley Estates Mobile Home Park.
Issue and Discussion:
As part of the Rockwood to Blackwood Drainage Improvements Project, a portion of the existing Rockwood Drive is being removed in order to restore SEZ and allow for drainage improvements (refer to attachment 02). To ensure emergency vehicles can adequately turn around on Rockwood Drive after the removal of a portion of the existing road, the turnaround is proposed on the State of California (California Tahoe Conservancy – CTC) owned property at 3747 Rockwood Drive.
The City’s subconsultants have provided property appraisal and acquisition services to the City for the purchase of the properties and easements needed for the construction of the Project. The City has also been coordinating with the CTC to obtain the easement to construct an emergency vehicle turnaround on Rockwood Drive.
The City previously executed a long-term license agreement with the CTC (Resolution No. 2024-120) for the drainage related components of the Project on CTC property; however, CTC requested that a grant of easement be completed for the construction, operation, and maintenance of the emergency turnaround as it will function as an extension of the City’s street and right-of-way. After an appraisal was completed, the City negotiated a purchase price with the CTC for an easement acquisition totaling 1,337 square feet (refer to attachment 05) for $5,350. Approval of this acquisition will allow the City to move forward with construction of the emergency vehicle turnaround included in the awarded construction contract plans. 101
Council Agenda Report May 20, 2025 Page 2 of 2
Financial Implications:
The purchase of the easement will be funded from unrestricted Cannabis Revenue Program funds appropriated during the FY 2023–2024 mid-year budget review. Initially, $300,000 was allocated from the Cannabis fund; however, this amount was later reduced to $95,343, with the remaining balance replaced by ARPA funding from the Bijou Park Connector project account. The $95,343 in Cannabis funds remains unspent and is currently available in the Bijou Park Creek Watershed Restoration project under the Construction line item (48030). Upon approval of this acquisition, $5,350 will be transferred from the Construction line item (48030) to the Acquisition line item (48040).
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:
This acquisition will support the implementation and construction of a grant funded drainage and water quality improvement project to address the consistent flooding and water quality issues that impact residents of the Heavenly Valley Mobile Home Park, Blackwood Road, and Rockwood Drive where tributaries to Bijou Park Creek have been impacted by urban development.
Implementation of this project advances the City Council Strategic Priorities, specifically:
Priority 6.3 (Ensure all stormwater projects are in compliance with sediment total maximum daily load (TMDL) standards and always improve lake clarity).
102
24' 20' TRPA LAND CAPABILITY LINE (UNVERIFIED) (TYP.) EX. EP (TYP.) EX. FLOW PATH 025-282-010 CTC 025-282-010 PRIVATE 025-282-016 PRIVATE 025-282-015 PRIVATE 025-282-011 CSLT 6267
6270
6268
6267
6268
6267 EX. ±12" CMP STORM DRAIN 40' EX. WOOD FENCE
6271
6270
6269
6268
6267
6267
6268
6268
6268
6267
6271
6270
6269 INSTALL 72"x96" PIPE VAULT STA:1+56.5 OFF: 0.0 SUMP: 6265.4 RIM:6270.2 INV IN:6265.6 24" RCP CLASS III INV OUT: 6265.4 (4) 12" PVC SDR26
0.7%
0.7%
2% (FG) ROCKWOOD DRIVE
2% 1.6% 1.6% TO PIONEER TRAIL VIA WOODBINE ROAD 025-021-077 HEAVENLY VALLEY ESTATES MOBILE HOME PARK (P) GRADE BREAK
(P) GRADE BREAK
(P) GRADE BREAK HEADWALL WITH TRASH RACK GRATE AT START OF PROPOSED STORM DRAIN. 33 SF± 6" ROCK IE(IN)=6266.35 PROPOSED ±1,227 SF EMERGENCY TURNAROUND. ARMORLOC 5011 (OR EQUIVALENT) PERVIOUS PAVERS (1,165 SF) WITH 4" CONCRETE EDGING (63 SF) EMERGENCY TURNAROUND AREA TO BE SIGNED/STRIPED INDICATING NO PARKING EX. GRAVITY SEWER BELOW ROCKWOOD DR. TO BE DECOMMISSIONED BY CONTRACTOR. COORDINATE WITH STPUD FOR INSPECTION R25' 2,496 SF OF EX. AC ROADWAY TO BE DESIGNATED EMERGENCY TURNAROUND. STRIPE "NO PARKING - FIRE TURNAROUND". STA0+00 MATCH(FL) @ PL=±6267.15 BEGIN CHANNEL GRADING. NOTIFY PROPERTY OWNER MIN 48 HRS PRIOR TO START OF CONSTRUCTION REMOVE ±2,125 SF OF EXISTING AC ROADWAY GRADING DAYLIGHT LINE (TYP.) DECOMMISSION STORM DRAIN BY CAPPING AND FILLING 5' FROM ENTRANCE W/ CONCRETE. GRADE EXISTING AREA TO FLOW TOWARDS NEW INLET. PROTECT FENCE IN PLACE. DECOMMISSIONING TO TAKE PLACE AFTER EXISTING STORM DRAIN CONNECTED TO NEW STORM DRAIN (SEE SHEET C1.3) R25' GRADE CHANNEL AT 0.7% TO NEW STORM DRAIN INLET. CHANNEL WIDTH VARIES 10' TO 20', SEE C2.4. GRADE SURROUNDING AREA TO ENSURE POSITIVE DRAINAGE TOWARDS INLET REMOVE TREE (TYP.) REMOVE 44 LF 18" CMP STORM DRAIN EX. UTILITY POLE AND OVERHEAD UTILITY LINES TO BE REMOVED BY LIBERTY UTILITIES PRIOR TO CONSTRUCTION DECOMMISSION EX. SSMH. REMOVE FRAME COVER AND CONCRETE CONE. BACKFILL WITH NATIVE SOIL OR SIMILAR TO SURROUNDING RESTORED AREA DAYLIGHT LINE. RESTORATION FOOTPRINT OF 6,700 SF ON ROCKWOOD DR. INSTALL SILT FENCING DURING UPSTREAM WORK PRIOR TO DECOMMISSIONING OF EX. STORM DRAIN (±60 LF) AND INSTALL CONSTRUCTION LIMIT FENCING AROUND PROPOSED GRADING AREA (±500 LF) 1' WIDE SHOULDER AROUND PAVERS. GRADE TO EG @ 4:1. PROPOSED GRADING TO ALTER/CONVEY EXISTING FLOWPATH TO NEW STORM DRAIN TURNAROUND CL UTILITY POLE TO REMAIN INSTALL TRPA APPROVED BOULDER PARKING BARRIERS TO BLOCK VEHICULAR ACCESS TO OFF ROADWAY AREAS (TYP.) SAWCUT 80 LF± AND REMOVE 30 SF± AC TO MAKE ROOM FOR 4" CONCRETE RETAINING CURB BORDER. ALIGN FIRST PAVER ROW WITH EX. EDGE OF EP EXISTING SEWER LATERAL. ABANDON 10 LF± IN PLACE FROM SSMH WITH CEMENT SLURRY OR REMOVE. EXISTING SEWER LATERAL. ABANDON 10 LF± IN PLACE FROM SSMH WITH CEMENT SLURRY. INSTALL NEW SEWER MAIN FLUSH INLET PER STPUD STANDARD DETAIL SM07. EXISTING PIPE IS EXPECTED TO BE 6" ASBESTOS CEMENT AND APPROXIMATELY 7' TO 8' BELOW GRADE. CONNECT TO EXISTING PIPE WITH SHIELDED FERNCO COUPLER ABANDON EXISTING AC SEWERMAIN UPSTREAM OF FLUSH INLET WITH SLURRY CEMENT PER CITY REQUIREMENTS (±163') INSTALL SILT FENCE (15 LF) INSTALL CONSTRUCTION LIMIT FENCING (560 LF) 1.6% (EX.) EX. SSMH EX. SSMH RIM=6272.7 CLASS 1B CLASS 5
1% (EX.) EX. DRIVEWAY EX. RESIDENCE EX. RESIDENCE
EX. DRAINAGE
SWALE EX. UTILITY POLE EX. UTILITY POLE
CLASS 5
CLASS 1B 28P24P 28P 26P
36 LF of 24" RCP CLASS III @ 2.18%
0+00
0+25
0+50
0+75
1+00
1+25
1+50
1+75
6271
6270 EDG CONC FG=6270.50 EDG CONC FG=6270.12 EDG CONC FG=6270.20 EDG CONC FG=6269.82 EX. EP MATCH EG=6270.22 EX. EP MATCH EG=6269.02 DAYLIGHT MATCH EG=6270.56 DAYLIGHT MATCH EG=6270.65 DAYLIGHT MATCH EG=6269.73 DAYLIGHT MATCH EG=6269.53 EDG CONC FG=6270.31 DAYLIGHT MATCH EG=6270.20 EX. EP MATCH EG=6269.51 GRADE BREAK FG=6266.59 GRADE BREAK FG=6266.62 GRADE BREAK FG=6266.60 DAYLIGHT MATCH EG=6267.65 GRADE BREAK FG=6266.35 GRADE BREAK FG=6267.00 GRADE BREAK FG=6266.79 GRADE BREAK FG=6266.90 GRADE BREAK FG=6267.05 DAYLIGHT MATCH EG=6268.00 DAYLIGHT MATCH EG=6268.79 DAYLIGHT MATCH EG=6268.82 DAYLIGHT MATCH EG=6269.04 GRADE BREAK FG=6266.93 DAYLIGHT MATCH EG=6268.70 DAYLIGHT MATCH EG=6268.86 DAYLIGHT MATCH EG=6267.03 GRADE BREAK FG=6266.84 MAGNAIL EL=6268.75 1 D1.4
5 D1.3
3 D1.1
4 D1.3
3 D1.3
2 D1.3
7 D1.1
4 D1.4
5 D1.1
4 D1.2
2.00' HMA PLUG
3 D1.5
2 D1.5 LIMITS OF GRADING (TYP)
3 D1.3 06/20/2024 PJ/PJ CHECKED DESIGNED/DRAWN SCALE PROJECT SHEET DATE AS INDICATED BIJOU PARK CREEK MK
WILDSCAPE
ENGINEERING
1901 Lisa Maloff Way, Suite 108
South Lake Tahoe, CA 96150
www.wildscape-engineering.com ROCKWOOD TO BLACKWOOD
DRAINAGE IMPROVEMENTS OF 20 NO. DATE DESCRIPTION
3 CIVIL PLAN
MATCHLINE C1.2 SEE SHEET C2.1 FOR PROFILE OF GRADING, STORM DRAIN ON THIS SHEET AND DETAILS OF EXISTING UTILITY CROSSINGS AND REQUIRED UTILITY RELOCATIONS. SEE SHEET C2.4 FOR STA 0+00 - 1+00 CROSS SECTIONS SCALE IN FEET 0 1" = 10'-0" 10 10 20 TREE REMOVAL QTY DBH/TYPE
1 30" PINE NOTE: 1. NOT ALL UTILITIES SHOWN. CONTRACTOR RESPONSIBLE TO CALL USA DIGS FOR UTILITY MARKING PRIOR TO CONSTRUCTION. 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR RELOCATING SEWER AND WATER LINES INTERFERING WITH PROJECT IMPROVEMENTS IN THE CSLT ROW AND ON PRIVATE PROPERTY. WATER AND SEWER IN THE MOBILE HOME PARK NEED TO BE COORDINATED WITH THE CITY. WATER AND SEWER IN THE CSLT ROW NEED TO BE COORDINATED WITH STPUD. AT&T AND CHARTER UTILITES THAT REQUIRE RELOCATION WILL BE THE RESPONSIBILITY OF THE UTILITY COMPANY. CONTRACTOR WILL BE RESPONSIBLE FOR PREPARING THE AREA FOR UTILITY COMPANY RELOCATION. 3. FOR RELOCATION OF SOUTHWEST GAS AND LIBERTY UTILITY OWNED UTILITIES, IT IS THE CONTRACTORS RESPONSIBILITY TO EXPOSE THE EXISTING UTILITY IN PREPARATION FOR THE UTILITY COMPANY TO REMOVE THE UTILITY, EXCAVATE AND PREP TRENCH TO THE FINISH GRADE OF THE RELOCATED UTILITY. SEE DETAIL 7/D1.6 AND 8/D1.6. 4. SOUTHWEST GAS AND LIBERTY UTILITY CONTRACTORS ARE RESPONSIBLE FOR INSTALLATION OF RELOCATED UTILITIES, UTILITY BEDDING AND SHADING, 3 IN MINUS BACKFILL, AND ANY TESTING. IT IS THE CONTRACTORS RESPONSIBILITY TO COMPLETE FINISH BACKFILL, COMPACTION AND SURFACING. SEE DETAILS 7/D1.6 AND 8/D1.6. 5. THE CONTRACTOR SHALL NOTIFY ANY INTERFERING UTILITY COMPANIES 4 WEEKS PRIOR TO NEEDING UTILITY RELOCATED. 6. LOCATION/ELEVATION OF UTILITIES APPROXIMATE BASED ON POTHOLING. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY LOCATIONS OF UTILITIES (SEE NOTE 1). 7. ANY DAMAGE TO EXISTING RESIDENCES, PROPERTY, BELONGINGS OR FENCES INCURRED DURING CONSTRUCTION ARE THE RESPONSIBILITY OF THE CONTRACTOR AND SHALL BE REPAIRED IN KIND. 8. CONTRACTOR SHALL PROVIDE NOTIFICATION TO ALL AFFECTED RESIDENCES A MINIMUM OF 72 HRS PRIOR TO START OF CONSTRUCTION. 9. CONTRACTOR IS RESPONSIBLE FOR SCHEDULING TRPA PRE-GRADE MEETING PRIOR TO START OF GRADING ACTIVITIES. 10. PIPE TRENCH TO BE BACKFILLED WITH 2 SACK SLURRY WHERE COVER IS LESS THAN 18-INCHES. 11. EXISTING SPEED BUMPS (2) SHALL BE REPLACED IN SOME LOCATIONS AFTER PAVING. CONTRACTOR IS RESPONSIBLE FOR MARKING LOCATIONS PRIOR TO REMOVING (SEE DETAIL 4, SHEET D1.6). ISSUED FOR CONSTRUCTION 103
Resolution 2025-XXX May 20, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
May 20, 2025
Authorizing the Purchase of an Easement on 3747 Rockwood Drive for the Upper Bijou Park Creek Watershed Restoration Project
BACKGROUND
A. Acquisition of an easement on 3747 Rockwood Drive is critical for the implementation of the Upper Bijou Park Creek Watershed Restoration – Rockwood to Blackwood Drainage Improvements Project to allow for construction, operation, and maintenance of an emergency vehicle turnaround on a portion of the property.
B. The easement to be purchased will allow for the installation of an emergency vehicle turnaround.
As part of the Rockwood to Blackwood Drainage Improvements Project, a portion of the existing Rockwood Drive is being removed in order to restore Stream Environment Zone (SEZ) and allow for drainage improvements. To ensure emergency vehicles can adequately turn around on Rockwood Drive, the turnaround is proposed on APN 025-282-010.
C. The City has negotiated a purchase price with the Property Owner for an easement acquisition totaling 1,337 square feet for $5,350 (APN 025-282-010).
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 and Directs the Mayor to execute the Grant of Easement, attached hereto as Exhibit “A,” to acquire the easement on 3747 Rockwood Drive (APN 025-282-010) property.
2. Authorizes and directs the City Manager to take any further actions necessary to complete the purchase and acquisition.
Adopted by the City of South Lake Tahoe City Council on May 20, 2025 by the following vote:
Yes:
No:
Absent:
Abstain:
_______________________ Date:_________
Tamara Wallace, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
104
Resolution 2025-XXX May 20, 2025 Page 2 of 2
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
105
1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
CALIFORNIA TAHOE CONSERVANCY
1061 THIRD STREET
SOUTH LAKE TAHOE, CA 96150
THIS SPACE RESERVED FOR RECORDER ONLY
(Gov. Code § 27361.6)
AN: Portion of 025-282-010
________________________________________________________________________________ No Recording Fee
Government Code § 6103
No Document Transfer Tax
Revenue & Taxation Code § 11922
________________________________________________________________________________ Grant of Easement
THIS GRANT OF EASEMENT (“Agreement”) is made this ____ day of ________________, 2025, by and between the State of California, acting by and through the California Tahoe Conservancy (“Conservancy”), and the City of South Lake Tahoe (“Grantee”), (collectively referred to herein as “the Parties” or individually as “Party”).
RECITALS
WHEREAS, the Conservancy is the owner of certain real property located in the County of El Dorado, State of California, designated as Assessment Number (AN) 025-282-010 and more particularly described in the legal description attached as Exhibit A (the “Property”); WHEREAS, as part of the Rockwood to Blackwood Drainage Improvements Project (“Project”), Grantee desires to construct, operate, and maintain an emergency vehicle turnaround on a portion of the Property, in the location described and depicted in Exhibit B (the “Easement Area”), and in the form and design depicted in Exhibit C;
WHEREAS, the Executive Director of the Conservancy is authorized to enter into this Agreement pursuant to Conservancy Board Resolution 24-06-05, dated June 20, 2024.
NOW THEREFORE, the Parties agree as follows:
1. Grant of Easement. For valuable consideration, the receipt and sufficiency of which are acknowledged, the Conservancy hereby grants to Grantee a non-exclusive permanent easement 106
2 over, on, under, through, and across the Easement Area, subject to the terms and limitations set forth herein, for the following purposes:
To construct, operate, and maintain an emergency vehicle turaround and such related improvements (together, the “Improvements”) as reasonably necessary for implementation of the Project.
The easement includes the non-exclusive right to operate, maintain, inspect, repair, alter, and reconstruct said Improvements. All other uses are outside scope of this Agreement and are prohibited without the express written consent of the Conservancy, which shall be at the Conservancy’s sole discretion to withhold.
In the event that Grantee desires to alter the Improvements in any manner that materially departs from the designs in Exhibit C, Grantee agrees to obtain Grantor’s signed, written approval of such alterations.
2. Easement Location. The Easement Area is located on that portion of the Property described in the legal description and depicted in the map attached as Exhibit B.
3. Fee for Easement. In addition to any other consideration contained herein, Grantee shall pay the Conservancy a one-time fee in the sum of $5,350, as determined by the valuation and analysis of the appraisal report for the Property.
4. Use of the Easement Area by the Conservancy. The Conservancy reserves the right to use the Easement Area and to improve the Property for any purpose, provided that such activities do not unreasonably interfere with rights granted herein, or impair Grantee’s reasonable exercise of its rights under this Agreement. Conservancy shall not erect or construct, nor permit to be erected or constructed in the Easement Area, any buildings or structures.
5. Compliance with Law. Grantee shall comply and conduct its activities in accordance with all local, state, bi-state and federal laws, regulations, and enforcement orders. Grantee shall obtain, at its sole cost and expense, all permits and approvals as required by law, and all land coverage rights required by the Tahoe Regional Planning Agency, as necessary for the improvement, use, operation, and maintenance of the Easement Area and any other of Grantee’s rights and obligations under this Agreement.
6. Maintenance. Grantee shall maintain the Easement Area, together with the Improvements constructed or installed therein, in good repair and a safe condition, and in a manner which complies with all applicable laws and the terms and conditions of any permit or approvals. All maintenance, repairs, replacements, reconstruction, and other such activities conducted by or on behalf of Grantee shall comply with industry, environmental, and Americans with Disabilities Act standards, and shall be performed in a workmanlike manner by individuals qualified and licensed to perform such activities. Grantee may enter into future maintenance agreements with other parties, consistent with these requirements. Grantee shall have the right to remove or clear any and all combustible materials, trees, brush, debris or any other obstruction from the Easement Area which in the reasonable judgment of Grantee may interfere with or endanger Grantee’s exercise of the rights described in this Agreement.
107
3 7. Damage to Property. Grantee agrees to repair any damage to the Property caused by Grantee’s use, operation or maintenance of the Easement Area. Conservancy agrees to repair any damage, caused by Conservancy’s use of the Property, to any Grantee-owned Improvements located in the Easement Area. To determine the existence and extent of any damage, the party discovering the damage shall notify the other party. The parties shall, as soon as reasonably practicable, jointly inspect the damaged property and/or improvements and use their best reasonable efforts to mutually agree as to the cause, responsibility, extent and method of repair of the damaged property and/or improvements.
8. Termination of Easement. This Agreement and all of the rights granted herein shall terminate only upon mutual agreement of the Parties. In the event of termination, the easement shall be quitclaimed from Grantee to the Conservancy, without additional consideration required to be paid by the Conservancy, and any and all interest in the Property conveyed in this Agreement shall automatically revert to Grantor or its assigns and successors, without the necessity of any further action to effect said reversion.
9. No Representations and Warranties. The Conservancy disclaims any and all representations and warranties concerning the Property and the Easement Area, including any representations or warranties concerning the nature or condition of the Easement Area. The easement granted under this Agreement is subject to all easements, leases, liens, conditions, restrictions, encumbrances, rights of way and claims of title which may affect the Easement Area, whether or not of record.
10. Insurance. Grantee agrees to maintain a policy of general liability and property damage insurance in an amount sufficient, for the foreseeable future, to meet all foreseeable risks of liability arising out of Grantee’s use of the Easement Area. Grantee shall provide a copy of its Insurance Endorsement upon the Conservancy’s written request.
In the event that Grantee enters into an agreement or agreements with independent contractors or other third parties, other than agencies of the State of California, for construction, maintenance, or other such use of the Easement, or a portion thereof, such agreement(s) shall require that Grantee's contractor or other third party maintain general liability and property damage insurance in an amount of One Million Dollars ($1,000,000) or such other lesser amount if agreed to in writing by the Conservancy. In addition, Grantee shall make reasonable efforts to ensure that the Conservancy and its successors and assigns are included as additional insureds under the insurance required above and that a copy of the endorsements or certificate naming them as additional insureds is furnished to the Conservancy as soon as practicable. In the event that the Grantee’s contractor or third party is unable to cause the Conservancy, or its successors or assigns, to be named as an additional insured, Grantee shall so notify the Conservancy. Within ten (10) working days thereafter the Grantor shall notify Grantee whether Grantee should proceed absent such provision in the insurance.
The company or companies providing such insurance shall have no recourse against the Conservancy for payment of any premiums or assessments under such insurance. The Conservancy shall also be provided with notice of any proposed cancellation of insurance. 108
4 11. Environmental Impairment. Upon initiation of any maintenance or other activities undertaken by Grantee pursuant to this Agreement, Grantee, at its expense, shall comply with all applicable laws, regulations, rules and orders with respect to the use of the Easement Area for which it is responsible, including, without limitation, those relating to health, safety, accessibility, noise, environmental protection, waste disposal, and water and air quality. Grantee shall furnish satisfactory evidence of such compliance upon request of the Conservancy.
Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the Easement Area due to Grantee’s usage thereof, Grantee, at its expense, shall be obligated to clean and remediate all the property affected thereby, whether owned or controlled by Grantee, the Conservancy, or any third person, to the reasonable satisfaction of the Conservancy (insofar as the property owned or controlled by the Conservancy is concerned) and any governmental body having jurisdiction there over, unless said discharge, leakage, spillage, emission, or pollution is due to the independent negligence of the Conservancy or its agents or the actions or negligence of any third parties acting independently.
At no time may Grantee deposit or store for any period of time any hazardous material, toxic waste, or other harmful substances on the Property, including the Easement Area.
12. Liens. Grantee covenants and agrees to keep the Property free from any stop payment notices or mechanics’ or materialmen’s liens claimed by any person, firm, or corporation of any third party employed by or on behalf of Grantee or its agents for any work or services performed under this Agreement. In the event of the filing of any such stop payment notice or lien(s), Grantee shall cause such stop payment notice or lien(s) to be released within thirty (30) days after the Conservancy’s written notice to do so. Grantee shall indemnify and defend the Conservancy against any and all liability, cost and expense, including attorney’s fees, incurred by the Conservancy as a result of any such stop payment notice or lien(s).
13. Release and Indemnity. The Grantee shall indemnify, defend, and hold harmless the Conservancy, and its officers, employees, and agents (“Conservancy indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorneys’ fees and costs of litigation (“claims”), arising out of the Grantee’s performance of its obligations under this agreement or out of the operations conducted by Grantee, including the Conservancy’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the Conservancy.
14. Merger. The easement granted under this Agreement shall be merged with any prior easements over the Property which existed in favor of the Grantee, whether implied, prescriptive or otherwise, which shall be of no further force or effect upon recordation of this Agreement.
15. Covenants Running with the Land. This Agreement and the rights, duties and obligations of the Parties shall be construed as covenants running with the land pursuant to California Civil Code section 1468.
16. Enforcement. Any act or any conveyance, contract, or authorization, whether written or oral, by the Grantee which uses, causes to be used, or would permit use of the Property contrary to the terms of this Agreement will be deemed a breach hereof. 109
5 The Conservancy agrees to pay all costs incurred in monitoring compliance with the terms of this Agreement. However, any costs incurred by the Conservancy in enforcing, judicially or otherwise, the terms and restrictions of this Agreement against Grantee, or against Grantee’s successors or assigns, including, without limitation, costs of suit, attorney’s fees, and any costs of restoration necessitated by the violation of the terms of this Agreement, shall be borne by Grantee or Grantee’s successors or assigns.
The enforcement proceeding provided in this subsection is not exclusive and any action to enforce the terms and provisions of this Agreement shall be at the discretion of the Conservancy and may be brought at law or in equity seeking remedies including but not limited to mandatory or prohibitory injunctive relief, and/or specific performance.
17. Cooperation. Each Party shall, whenever and as often as reasonably requested to do so by the other Party, execute, acknowledge, and deliver any and all documents and instruments as may be necessary, expedient, or proper in the reasonable opinion of the requesting Party to carry out the intent and purposes of this Agreement, provided that the requesting Party shall bear the cost and expense of such further instruments or documents, and provided the Party being requested to execute such documents reasonably approves the documents (except that each party shall bear its own attorneys’ fees).
18. Authority. The individuals executing this Agreement represent and warrant that they have the authority to enter into this Agreement and to perform all acts required by this Agreement, and that the consent, approval, or execution of or by any third party is not required to legally bind either Party to the terms and conditions of this Agreement.
19. Construction. The provisions of this Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed according to plain meaning and shall not be construed for or against either Party, as each Party has participated in the drafting of this document and had the opportunity to have it reviewed by legal counsel.
20. Notice. All notices, approvals, acceptances, demands and other communications required or permitted hereunder shall be in writing and shall be delivered either in person or by mailing the same by United States mail (postage prepaid, registered or certified, return receipt requested) or by Federal Express or other similar overnight delivery service to the Party to whom the notice is directed at the address of such Party as follows:
GRANTOR: California Tahoe Conservancy
c/o Jen Greenberg (or Conservancy-designated substitute) 1061 Third Street
South Lake Tahoe, CA 96150
GRANTEE: City of South Lake Tahoe
c/o Brianna Greenlaw (or City-designated substitute)
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Any written communication given by mail shall be deemed delivered two (2) business days after such mailing date and any written communication given by overnight delivery service shall be 110
6 deemed delivered one (1) business day after the dispatch date. Either Party may change its address by giving the other Party written notice of its new address as herein provided.
21. Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the Parties and their respective heirs, legal representatives, successors and assigns.
22. Governing Law. The validity and interpretation of this Agreement shall be governed by the laws of the State of California without giving effect to the principles of conflict of laws, with venue for all purposes to be proper only in the County of El Dorado, State of California.
23. Severability. If any term, provision, covenant or condition of this Agreement is determined to be unenforceable by a court of competent jurisdiction, it is the Parties’ intent that the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated by such determination.
24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.
25. Good Faith. The Parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this Agreement and to execute such further instruments and documents as are necessary or appropriate to effectuate all of the terms and conditions of this Agreement.
26. Waiver. The forbearance of either Party to exercise its rights hereunder in the event of a breach by the other Party shall not be deemed to be a waiver of any subsequent breach of the Agreement, nor shall any waiver constitute a continuing waiver.
27. Entire Agreement and Amendment. This Agreement contains the entire understanding and agreement of the Parties and there have been no promises, representations, agreements, warranties or undertakings by any of the Parties, either oral or written, of any character or nature binding except as stated in this Agreement. This Agreement may be altered, amended, or modified only by an instrument in writing, executed by the Parties to this Agreement and by no other means.
[signatures on following page]
111
7 IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date first set forth above.
GRANTOR:
STATE OF CALIFORNIA
California Tahoe Conservancy
By: ________________________________ Date:__________________________ Jason Vasques, Executive Director
GRANTEE:
CITY OF SOUTH LAKE TAHOE
By: ________________________________ Date: __________________________ Tamara Wallace, Mayor
Attest Mayor’s signature:
By: _____________________________
Sue Blankenship, City Clerk
Exhibits:
A. Property Legal Description
B. Easement Area Legal Description and Map
C. Emergency Vehicle Turnaround Designs
112
8 113
9 114
10 Exhibit A
Property Legal Description
Property Address 3747 Rockwood Drive, South Lake Tahoe, California Property Location The north side of Rockwood Drive, at its east end Assessor's Parcel Number 025-282-010
Owner of Record State of California and California Tahoe Conservancy Legal Description
Lot 10, Pioneer Park, El Dorado County, California.
The legal description set forth above was taken from the Policy of Title Insurance issued by First American Title Insurance Company of Roseville, California, dated July 12, 2001 and identified by Order No.: 23529. A copy of the Policy of Title Insurance with the complete metes and bounds legal description is included in the Addenda to this appraisal report. The legal description is assumed to be correct. However, the reader should note that there may be a discrepancy in the metes and bounds portion of the legal description. Guillermo Carey, PLS, UAs Pilot, President of MAPCA Surveys Inc., indicated there is a discrepancy in the metes and bounds legal description and recommended that a “deed of correction” be recorded.
Property Shape and Dimensions
The subject property is irregular in shape. The property dimensions are set forth below:
Rockwood Drive frontage 170.76± feet
West property line 108.74± feet
North property line 183.33± feet
East property line 34.22± feet
TOTAL LAND AREA 13,046± Square Feet (.2995± Acres)
The property dimensions were taken from the legal description pertaining to the subject property.
The total land area was taken from the land capability assessment of the subject property completed on December 2, 2024. The property dimensions and the total land area are assumed to be correct. 115
11 Exhibit B
Easement Area Legal Description and Map
116
12 117
13 118
14 Exhibit C
Emergency Vehicle Turnaround Designs
119
120
121
122
123
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 20, 2025
Agenda Item #:5
Agenda Item: Affordable Housing Project at 3900-3908 Lake Tahoe Boulevard: Budget Appropriation of Prohousing Incentive Program (PIP) Funds and Amendment No. 1 to Predevelopment Loan and Development Agreement with NDC Lake Tahoe LP
Executive Summary: On July 8, 2024, the City received the award letter from HCD for $620,000 with $500,000 allocated for the affordable housing project at 3900 and 3908 Lake Tahoe Boulevard being developed by Novin Development (NDC Lake Tahoe LP) and $120,000 allocated for the rehabilitation of Tahoe Coalition for the Homeless’ three Homekey properties. On May 7, 2024, the City Council authorized the Mayor to enter into the Predevelopment Loan and Development Agreement with NDC Lake Tahoe, LP for $564,073 in awarded Permanent Local Housing Allocation (PLHA) funds to be used for predevelopment costs associated with the affordable housing project at 3900 and 3908 Lake Tahoe Boulevard. Staff is recommending that the City Council adopt a Resolution authorizing the Finance Director to appropriate a total of $500,000 from the Prohousing Incentive Program award and authorize the Mayor to execute an amendment (Amendment #1) to the Predevelopment Loan and Development Agreement with Novin Development.
Requested Action / Suggested Motions: (1) Pass a Resolution authorizing the Finance Director to appropriate a total of $500,000 into the revenue and expense budget line items for the Prohousing Incentive Program (PIP) award for the loan to Novin Development; and (1) Pass a Motion authorizing and directing the Mayor to: a) Execute Amendment No. 1 to Predevelopment Loan and Development Agreement with NDC Lake Tahoe LP to loan an additional $500,000 in PIP grant funds for a total of $1,064,073 in Permanent Local Housing Allocation (PLHA) and PIP funds for 3900 and 3908 Lake Tahoe Blvd predevelopment and development costs; and b) Execute Amended and Restated Predevelopment Loan Promissory Note for 3900 and 3908 Lake Tahoe Boulevard.
Responsible Staff Member: Crystal Plotner, Assistant Housing Planner Reviewed and Approved By: Zachary Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney Attachments:
01-Staff Report-Novin Predevelopment Loan Amendment.docx 02-Resolution - Budget Appropriation PIP Novin.docx
03-Amendment_1_PredevelopmentLoan_Novin.pdf
04-C-092-2024 Predevelopment Loan Agreement.pdf
05-23-PIP-18490-213-Standard Agreement.pdf
124
Council Agenda Report May 20, 2025 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: May 20, 2025
Title: Budget Appropriation of Prohousing Incentive Program (PIP) Funds and Amendment #1 to Predevelopment Loan and Development Agreement between the City of South Lake Tahoe and NDC Lake Tahoe LP
Location: 3900 and 3908 Lake Tahoe Boulevard
Responsible Staff Member: Crystal Plotner, Assistant Housing Planner Background: In an effort to further push local jurisdictions to address the statewide housing crisis, the Newsom Administration and California Legislature created the Prohousing Designation Program as part of a package of technical assistance, accountability measures, and incentives to address housing and homelessness.
On September 12, 2023, City Council authorized Resolution 2023-082 for application to and participation in the Prohousing Designation Program. The motion was made by Councilmember Friedrich and seconded by Councilmember Wallace. The City of South Lake Tahoe was awarded the Prohousing Designation in March 2024.
In January 2024, the State of California Housing and Community Development Department (HCD) released a Notice of Funding Availability (NOFA) for the Prohousing Incentive Program (PIP) 2023 - Round 2. The PIP awards funds are based on the Prohousing Designation program score and jurisdiction size. City staff submitted a PIP application by the application deadline of March 15, 2024 and City Council approved Resolution 2024 – 042 on March 26, 2024 ratifying the application for, and authorizing receipt of, Prohousing Incentive Program (PIP) funds.
On July 8, 2024, the City received the award letter from HCD for $620,000 with $500,000 allocated for the affordable housing project at 3900 and 3908 Lake Tahoe Boulevard being developed by Novin Development (NDC Lake Tahoe LP) and $120,000 allocated for the rehabilitation of Tahoe Coalition for the Homeless’ (TCH) three Homekey properties. At the November 5, 2024 City Council meeting, Council adopted Resolution 2024-121 authorizing the Finance Director to appropriate a total of $120,000 into the revenue and expense budget line items for the PIP award for the expenditures to TCH.
Issue and Discussion: On May 7, 2024, the City Council authorized the Mayor to enter into the Predevelopment Loan and Development Agreement (Agreement) with NDC Lake Tahoe, LP for $564,073 in awarded Permanent Local Housing Allocation (PLHA) funds to be used for predevelopment costs associated with the affordable housing project at 3900 and 3908 Lake 125
Council Agenda Report May 20, 2025 Page 2 of 3
Tahoe Boulevard. The motion was made my Councilmember Wallace and seconded by Councilmember Robbins.
On January 28, 2025, Resolution 2025-006 was adopted by the City Council authorizing the adoption of a Local Tenant Preference Policy for affordable housing developments. Under Section A(1) and A(2) of the policy, “Affordable housing developments which are funded in whole or in part by the City of South Lake Tahoe” and “Affordable housing developments subject to a Development Agreement”. This project will be subject to this policy.
The 3900 and 3908 Lake Tahoe Blvd project will consist of 75 units of housing development project which is proposed to consist of a minimum of 72 residential units which would be deedrestricted to low and/or moderate-income households for a period of no less than 55 years, as well as community amenities on the ground floor on about 1.16 acres of land. The project will also contain one manager’s unit and two deed-restricted live-work units. On April 17, 2025, the Planning Commission approved the TRPA Multi-Family Dwelling Project Application for this project.
Resolution 2024-042 authorized the City Manager to accept the PIP grant and sign the Standard Agreement. However, Council approval is necessary to authorize the mayor to execute Amendment #1 to the Predevelopment Loan and Development Agreement with Novin Development to loan an additional $500,000 in PIP grant funds for a total of $1,064,073 in PLHA and PIP funds for 3900 and 3908 Lake Tahoe Blvd predevelopment and development costs. The Amendment will also include a change to the Agreement deadline to June 30, 2026 and added language for incorporation of the local preference policy subject to this development. City Council authorization is also needed to appropriate $500,000 in PIP funds into the revenue and expense budget line items for the loan to Novin Development.
Financial Implications: The Prohousing Incentive Program is a competitive grant process available from HCD, which the City is eligible to apply for due to the Prohousing Designation.
Based on the City’s Prohousing score, jurisdiction population, and geographic region formula, the City is eligible to receive $620,000. The City was awarded the $620,000 in which $500,000 will be granted for predevelopment or construction costs to Novin Development for the 3900 and 3908 Lake Tahoe Blvd affordable housing project. At the November 5, 2024 City Council meeting, Council adopted Resolution 2024-121 authorizing the Finance Director to appropriate a total of $120,000 into the revenue and expense budget line items for the PIP award. The expenditures will be utilized for the rehabilitation of the three TCH Homekey properties including: the Bear’s Den (2250 Lake Tahoe Boulevard), 2215 Lake Tahoe Blvd (The Bird’s Nest), and 1137 Emerald Bay Road (Red Lodge).
Staff recommends that the $500,000 in PIP funds be appropriated, consistent with the Standard Agreement, as follows:
Account Number 253-06010
Revenue (33244 Housing Grants): $500,000
Expenditures (47060 Loan to Project ): $500,000
126
Council Agenda Report May 20, 2025 Page 3 of 3
Environmental Considerations: For projects that satisfy criteria specified by SB 35, the guidelines issued by HCD specify that the California Environmental Quality Act (CEQA) does not apply to actions taken by a local government to provide financial assistance to a development that receives streamlined approval and that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
Policy Implications: The recommended action is consistent with the City’s Strategic Plan which identifies supporting the affordable and/or workforce housing at 3900 Lake Tahoe Blvd. as Action Item 1.3.2.
The recommended action is also consistent with the following adopted policies and programs:
Resolution 2025-006 authorizing adoption of a Local Tenant Preference Policy.
City General Plan Housing Element
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 2-2 The City shall enable opportunities for deed-restricted affordable ownership housing to ensure long-term affordability.
Policy 2-5 The City shall recognize that it will become difficult to attract employees if they cannot afford to purchase or rent housing in South Lake Tahoe. The City shall encourage and support programs and activities that create a robust local economy that provides residents with good paying employment and the means to purchase and/or rent housing in the city. 127
Resolution 2025-XXX May 20, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
May 20, 2025
Budget Appropriation of Prohousing Incentive Program (PIP) Funds
BACKGROUND
A. The City of South Lake Tahoe’s Strategic Plan includes Action Item 1.3.2 which identifies supporting the affordable and/or workforce housing at 3900 Lake Tahoe Blvd.
B. On September 12, 2023, City Council authorized Resolution 2023-082 for application to and participation in the Prohousing Designation Program. The City of South Lake Tahoe was awarded the Prohousing Designation in March 2024.
C. On March 26, 2024, City Council approved Resolution 2024-042 ratifying the application for, and authorizing receipt of, Prohousing Incentive Program (PIP) Funds to provide funds for the affordable housing project at 3900 Lake Tahoe Blvd. and for rehabilitation of the three Project Homekey properties owned by Tahoe Coalition for the Homeless.
D. On May 7, 2024, the City Council authorized the Mayor to enter into a Predevelopment Loan and Development Agreement with NDC Lake Tahoe, LP for $564,073 in Formula Permanent Local Housing Allocation (PLHA) funds to be used for predevelopment costs associated with the affordable housing project at 3900 Lake Tahoe Boulevard.
E. On July 8, 2024, the City received the award letter from the California Department of Housing and Community Development for $620,000 in Prohousing Incentive Program (PIP) Funds that include $500,000 for the predevelopment costs of an affordable housing development by NDC Lake Tahoe LP at 3900 Lake Tahoe Blvd.
F. The $500,000 in PIP Funds and $564,073 in PLHA funds brings the total funds awarded for the predevelopment of the 3900 Lake Tahoe Blvd. affordable housing development to $1,064,073.
G. On January 28, 2025, City Council approved Resolution 2025-006 authorizing the adoption of a Local Tenant Preference Policy for affordable housing developments and is inclusive of the affordable housing project at 3900 and 3908 Lake Tahoe Boulevard.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Appropriate budgeting on the PIP funds into account number 253-06010 as follows:
Revenue (33244) $500,000
Expenditures:
128
Resolution 2025-XXX May 20, 2025 Page 2 of 2
Loan to Project 47060 $500,000
Adopted by the City of South Tahoe City Council on May 20, 2025 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Tamara Wallace, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
129
FIRST AMENDMENT TO
PREDEVELOPMENT LOAN AND DEVELOPMENT AGREEMENT
This FIRST AMENDMENT TO PREDEVELOPMENT LOAN AND
DEVELOPMENT AGREEMENT (hereinafter referred to as the “Amendment”) is entered into as of May 20, 2025, by and between the CITY OF SOUTH LAKE TAHOE, a municipal corporation (the “City” or “Lender”), and NDC LAKE TAHOE LP, a California limited partnership (the “Borrower”).
Recitals
A. On May 7, 2024, the City and the Borrower entered into that certain Predevelopment Loan and Development Agreement (the “Agreement”), which provided the terms and conditions of the City’s predevelopment loan to Borrower in an amount up to Five Hundred Sixty-Four Thousand Seventy-Three and No/100 ($564,073.00) (the “Predevelopment Loan”) to pay a portion of the Predevelopment Costs associated with the Predevelopment Work for the Project. Capitalized terms used but not defined in this Amendment shall have the meanings given in the Agreement.
B. The City and the Borrower now desire to make certain amendments to the Agreement as specified in this Amendment.
Terms
Section 1. Every reference in the Agreement to the amount of the Predevelopment Loan is hereby amended to read “One Million Sixty-Four Thousand Seventy-Three and No/100 Dollars ($1,064,073.00).”
Section 2. The document entitled “Predevelopment Costs” attached to the Agreement as Exhibit A is hereby amended and replaced by that certain document entitled “Predevelopment Costs” attached to this Amendment as Exhibit A.
Section 3. The Predevelopment Loan Promissory Note attached to the Agreement as Exhibit C is hereby amended and restated by that certain Amended and Restated Predevelopment Loan Promissory Note in the form attached to this Amendment as Exhibit B. The original Predevelopment Loan Promissory Note previously executed by the Borrower in connection with the initial execution of the Agreement is hereby deemed null and void and no longer binding.
Section 4. Every reference in the Agreement to the Termination Date is hereby amended to end on June 30, 2026.
Section 5. Section 7 of the Agreement is hereby amended to include: “7.(e):
Borrower will comply with Resolution 2025-006 for implementation of the Local Tenant Preference Policy for affordable housing developments.” Section 6. Following the execution and delivery of this Amendment, all references to the Loan Agreement shall thereafter mean and refer to the Loan Agreement 130
2 as amended by this Amendment and all references to the Predevelopment Loan Promissory Note shall thereafter mean and refer to the Amended and Restated Predevelopment Loan Promissory Note in the form attached to this Amendment as Exhibit B.
Section 7. Except as modified and amended by this Amendment, all other provisions of the Loan Agreement shall remain unchanged and in full force and effect. [Signatures on following pages]
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the date first above written.
CITY:
CITY OF SOUTH LAKE TAHOE,
a municipal corporation
By:
Name: ____________________________
Title: ____________________________
Approved as to form:
By: ________________________________
City Attorney
Attest:
By: ________________________________
City Clerk
[signatures continued on following page]
131
3 BORROWER:
NDC LAKE TAHOE LP,
a California limited partnership
By: NDC Lake Tahoe LLC,
a California limited liability company,
its General Partner
By: Novin Development Corp.,
a California corporation,
its Sole Member
By: _________________________
Iman Novin
President
132
EXHIBIT A
PREDEVELOPMENT COSTS
[SEE ATTACHED]
133
C-092-2024
Lake Tahoe Blvd. Apartments
Prohousing – Predevelopment Loan Funds
Budget Version
as of date
LAND COST/ACQUISITION
Original
Budget Updated Budget
Prohousing
Funds
Land $0.00 $0.00 $0.00
Subtotal Acquisition Price $0.00 $0.00 $0.00
Acquisition Legal $0.00 $0.00 $0.00
Acquisition Title $0.00 $0.00 $0.00
Subtotal Land Cost / Acquisition Cost $0.00 $0.00 $0.00
PREDEVELOPMENT FINANCING
Predevelopment Interest Reserve $25,000.00 $55,000.00 $30,000.00 Predevelopment Loan Fee $0.00 $0.00 $0.00
Predevelopment Lender Appraisal $0.00 $0.00 $0.00
Predevelopment Lender Processing Fees $0.00 $0.00 $0.00 Predevelopment Lender Legal $0.00 $0.00 $0.00
Predevelopment Financing Other (Specify) $0.00 $0.00 $0.00 Subtotal Predevelopment Financing Costs $25,000.00 $55,000.00 $30,000.00
ARCHITECTURAL SURVEY & ENGINEERING
Architecture $161,881.75 $483,881.75 $322,000.00
Design & Permit Manager $50,000.00 $50,000.00 $0.00
Civil Engineering $40,250.00 $86,250.00 $46,000.00
Structural Engineer (if needed) $5,000.00 $5,000.00 $0.00 Landscape $40,000.00 $68,000.00 $28,000.00
Survey $30,000.00 $30,000.00 $0.00
Geotech $9,441.25 $9,441.25 $0.00
Environmental Phase I Report $7,500.00 $7,500.00 $0.00
Environmental Consultant(s) $10,000.00 $10,000.00 $0.00 Sustainability Consultant(s) $0.00 $50,000.00 $50,000.00 A&E Other (Joint Trench) $0.00 $24,000.00 $24,000.00
Subtotal Architectural, Survey & Engineering $354,073.00 $824,073.00 $470,000.00
OTHER PROJECT COSTS
Owner Appraisal $25,000.00 $25,000.00 $0.00
Market Study $25,000.00 $25,000.00 $0.00
Planning Fees $35,000.00 $35,000.00 $0.00
Owner Legal $50,000.00 $50,000.00 $0.00
Financial Consultant $42,938.63 $42,938.63 $0.00
Accounting / Administration $7,061.37 $7,061.37 $0.00
Subtotal Other Project Costs $185,000.00 $185,000.00 $0.00 Total Project Predevelopment Costs $564,073.00 $1,064,073.00 $500,000.00 V2.0
5/14/2025
134
EXHIBIT B
AMENDED AND RESTATED
PREDEVELOPMENT LOAN PROMISSORY NOTE
[SEE ATTACHED]
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1 AMENDED AND RESTATED
PREDEVELOPMENT LOAN PROMISSORY NOTE
FOR
3900/3908 LAKE TAHOE BLVD.
$1,064,073.00 South Lake Tahoe, California
________________, 2025
FOR VALUE RECEIVED, the undersigned NDC LAKE TAHOE LP, a California limited partnership (“Maker”) promises to pay to the order of the CITY OF SOUTH LAKE TAHOE, a municipal corporation (“Holder,” or “Lender”), or order, at City of South Lake Tahoe, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150 or at such other place as Lender may from time to time designate in writing, the principal sum of One Million Sixty Four Thousand Seventy Three and 00/100 Dollars $1,064,073.00 or so much thereof as may be advanced and outstanding, in lawful money of the United States.
1. This Note evidences the “Predevelopment Loan” as defined and described in that certain Predevelopment Loan and Development Agreement, dated as of May 7, 2024, as amended by that certain First Amendment to Predevelopment Loan and Development Agreement, of even date herewith, between Maker and Lender (as amended, the “Loan Agreement”). Collectively this Note, the Loan Agreement and associated documents constitute the “Loan Documents.” The principal amount of this Note will be disbursed as contemplated and controlled by the Loan Agreement.
2. All capitalized terms not otherwise defined herein shall have the meanings provided in the Loan Agreement, and the provisions of the Loan Agreement relating to the Predevelopment Loan are hereby incorporated herein by this reference.
3. Principal amount of this Note shall bear interest prior to maturity at the Interest Rate. The principal amount of this Note as stated above, or so much thereof as may be advanced and outstanding, shall be due and payable on the earlier of the following (“Maturity Date”):
(a) Termination of the Loan Agreement as provided therein, including without limitation on the Termination Date, for default, or otherwise; and (b) Upon purchase of the Property by Borrower or a Permitted Assignee, as provided in the Loan Agreement.
(c) Except as otherwise provided in the Loan Agreement, if the loan has not been repaid in full by the Maturity Date, then the Lender’s sole recourse shall be limited to any assets assigned to Lender and any additional security granted to Lender under the Loan Documents, including without limitation Borrower’s right, title and interest in and to the Predevelopment Work, and any other documents and work product relating 136
2 to the Project that have been paid for in whole or in part by the Lender as assigned pursuant to the Assignment of Project Documents. The Lender, in its sole discretion, may accelerate repayment if an Event of Default occurs under any Loan Documents after the expiration of the applicable cure periods therein.
(d) This Note may be prepaid in whole or in part at any time, and from time to time without premium or penalty.
4. It is expressly agreed that time is of the essence in this Note and in the event of:
(a) any default in the full and punctual payment of all or part of any installment of principal or interest hereunder as and when the same become due and payable; or
(b) upon the occurrence of any “Event of Default” under the Loan Agreement and the expiration of any applicable period of grace within which the Maker may cure the same, there shall be an Event of Default under this Note; (c) then, in any such event, the Holder hereof, at its option, may declare the entire outstanding principal balance hereof, together with all costs, fees, expenses, charges for collection, including reasonable attorneys’ fees (which shall include outside counsel fees and all allocated costs of Holder’s in-house counsel), and costs for declaratory relief, arbitration, prosecution or defense of any action related to this Note, to be immediately due and payable in full, without further demand or notice to Maker or to any other party.
5. Failure of the Holder to exercise any rights hereunder with respect to any default shall not excuse such default and shall not constitute the Holder’s waiver of the right to the latter exercise thereof, in the absence of a written agreement to the contrary executed and delivered by the Holder hereof and subsequent to such default.
6. All payments hereunder shall be paid in lawful money of the United States, which, at the time of payment, shall be legal tender for the payment of all debts and dues, public and private.
7. All sums received hereunder shall be applied in the following order: first, upon an Event of Default to costs and expenses of the Lender incurred in connection with the Loan, including costs of collection and reasonable attorney’s fees, second, to interest, and then to principal.
8. Maker, all endorsers and guarantors hereof, and all others who may become liable for all or any part of the indebtedness evidenced hereby: (i) agree to be jointly and severally bound hereby, as primary obligors; (ii) jointly and severally waive and renounce any and all exception rights, including that of homestead, and the benefit of all valuation and appraisement privileges available to them or any of them pursuant to the 137
3 Constitution or the laws of the United States or of any state, territory or jurisdiction, as against this debt or any renewal or extension thereof; and (iii) jointly and severally waive presentment for payment, demand, notice of protest, and any and all lack of diligence or delays in collection or enforcement hereof or in bringing suit for the collection hereof or in taking any other action hereunder. Maker and all others who may become liable for all or any part of the indebtedness evidenced hereby further agree with the Holder thereof that said Holder may, without notice, in such manner, on such terms and for such times(s) as the Holder may see fit, increase, extend, or renew this Note, and/or release any maker hereof, and/or substitute or add guarantors, and/or substitute or release all or any part of the collateral (real, personal or mixed) securing this Note, all without any way affecting, impairing, limiting, releasing or foregoing the joint and several liability of Maker and all endorsers and guarantors hereof not so released. The foregoing shall in all events be subject to the limitations on recourse set forth in Section 9 hereof.
9. The recourse of the Lender shall be limited as set forth in this Note and the Loan Agreement. It is agreed that the agreements limiting the exercise of remedies against Borrower or any member of Borrower, shall not:
(a) constitute a release, discharge or waiver of the indebtedness evidenced by the Note and the indebtedness evidenced by the Note shall continue until satisfied or paid in full;
(b) limit or be construed to limit the personal liability of the Borrower or any member, for the performance of the covenants and obligations under the Loan Documents, other than the covenant to personally pay the indebtedness evidenced by the Note; or
(c) affect any additional remedies or liens which the Lender has for the indebtedness evidenced by the Note and for the enforcement of any rights which the Lender has under the Loan Documents.
10. Maker hereby represents and warrants to, and covenants with, Lender that the entire proceeds hereof have been or will be used for the purpose of eligible Predevelopment Costs incurred by Maker for the Project pursuant to the Loan Agreement.
11. The rights and obligations created hereunder shall be construed and enforced according to, and shall be governed by, the laws of the State of California applicable to contracts executed and wholly performed in that State.
12. The unenforceability or invalidity of any provision or provisions hereof shall not render any other provision or provisions hereof invalid or unenforceable. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the date first above written.
CITY:
CITY OF SOUTH LAKE TAHOE,
a municipal corporation
By:
Name:____________________________
Title:______________________________
Approved as to form:
By: ________________________________
City Attorney
Attest:
By: ________________________________
City Clerk
NDC LAKE TAHOE LP,
a California limited partnership
By: NDC Lake Tahoe LLC,
a California limited liability company,
its General Partner
By: Novin Development Corp.,
a California corporation,
its Sole Member
By:
Iman Novin
President
Date:
139
PREDEVELOPMENT LOAN AND DEVELOPMENT AGREEMENT
This PREDEVELOPMENT LOAN AND DEVELOPMENT AGREEMENT ("Agreement") is entered into effective as of May 7, 2024 ("Effective Date") by and between the CITY OF SOUTH LAKE TAHOE, a municipal corporation ("City" or "Lender") and NOC LAKE TAHOE, LP, a California limited partnership ("Borrower").
RECITALS
A Pursuant to that certain Agreement of Purchase and Sale, dated November 7, 2023 ("Purchase Agreement"), by and among the Borrower (or the Borrower's predecessor Nevin Development Corp.), City and South Tahoe Redevelopment Successor Agency ("Successor Agency") the City has acquired from the Successor Agency, and Borrower has the right to acquire from the City, approximately 1.16 acres in the City, known as 3900 and 3908 Lake Tahoe Boulevard (Assessor's Parcel Nos. 029-170-001 and 029-170-002), as more particularly described in the Purchase Agreement ("Property"). All conditions to effectiveness of the PSA were satisfied by, and the PSA became fully effective, on January 18, 2024.
B. Borrower is seeking to acquire the Property to develop thereon a 100% mixedincome affordable housing development project which is proposed to consist of a minimum of 75 residential units, as well as community amenities on the ground floor ("Project"). As provided in Gov't Code section 54221 (f)(1 )(F)(i) and the Declaration of Affordable Housing Covenants, Conditions and Restrictions, dated on or about April 18, 2024 and submitted for recording in the Official Records of El Dorado County ("Affordable Housing Covenant"), the Property may be used solely for the development and operation of a rental housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the assisted residential units restricted to lower income households, as defined in Health and Safety Code section 50079.5, with an affordable rent, as defined in Health and Safety Code section 50052.5, for a minimum of 55 years following completion of the Project, and in no event shall the maximum rent level be higher than 20 percent below the median market rents for the neighborhood in which the Affordable Housing Site is located. "Completion of the project" shall mean the date upon which the last certificate of occupancy for the Project is issued by the City.
C. City has agreed to provide an up to $564,073.00 predevelopment loan (the "Predevelopment Loan") to Borrower, at a regular interest rate of Three Percent (3%) per annum {the "Interest Rate") pursuant to the terms and conditions set forth herein and the Predevelopment Note (as defined below) to pay a portion of the costs ("Predevelopment Costs") of certain Borrower consultants, contractors, professionals, or suppliers (including Borrower's architect, "Contractors") performing Project predevelopment activities including studies, site investigation, feasibility analyses, architectural and engineering services, and preparation of applications for entitlements and construction and permanent financing, as more specifically described in Exhibit A attached hereto (as amended from time to time with City approval, "Predevelopment Work"), as Predevelopment Costs for Predevelopment Work are incurred.
D. The parties intend the Predevelopment Work to be obtained generally in accordance with the schedule contained at Exhibit B attached hereto (as amended from time to time with City approval, "Predevelopment Schedule").
E. Concurrently herewith Borrower will execute (i) a promissory note in the maximum 1 C-092-2024 140
amount of the Predevelopment Loan (as further defined below, "Predevelopment Note"), and (ii) an Assignment of Predevelopment Work (as further defined below, "Assignment Agreement" and together with this Agreement and the Predevelopment Note, the "Loan Documents") which will provide City with a security interest in the Predevelopment Work, all as provided 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. Predevelopment Loan.
(a) Predevelopment Loan and Note. Subject to the terms and conditions of this Agreement and the Predevelopment Note, and so long as no Event of Default exists and is continuing, the City shall make Predevelopment Loan advances to Borrower, provided that the aggregate principal amount of the advances after giving effect to any proposed borrowing shall not exceed $564,073.00 upon the terms and conditions and for the purposes set forth in this Agreement. The Predevelopment Loan shall be evidenced by the Predevelopment Note, which shall be dated as of the Effective Date and executed by Borrower, substantially in the form attached hereto as Exhibit C.
(b) Term; Termination Date. Unless otherwise earlier terminated as provided herein, the term of this Agreement shall expire on the date that the right of Borrower or a Borrower assignee permitted by Purchase Agreement Section 30 ("Permitted Assignee") to purchase the Property from the City terminates under Purchase Agreement Section 27(b) (including permitted extensions, the "Termination Date"). As of the Effective Date, the Termination Date (without regard to potential extensions under the Purchase Agreement) is January 18, 2026. If Borrower exercises its rights to extend the Termination Date under the Purchase Agreement, the Termination Date under this Agreement shall be automatically extended. (c) Rollover Upon Property Purchase. Upon purchase of the Property by Borrower or a Permitted Assignee, the entire outstanding principal balance of the Predevelopment Loan, together with interest accrued thereon, and all other sums due under the Predevelopment Note, shall be "rolled over" into, and included as part of, the principal balance of any new permanent loan the City provides to Borrower or Permitted Assignee as may be reasonably approved by the City and Borrower (or Permitted Assignee) {the "City Permanent Loan"). If no City Permanent Loan is agreed upon, City shall convert the Predevelopment Loan into a new deferred payment loan (payable from Project residual receipts after operating expenses) with a 55-year term, an interest rate not exceeding the lower of (1) the then applicable federal rate for long term loans, (2) the Interest Rate, and such other terms (including security) as may reasonably approved by the City and Borrower (or Permitted Assignee). Upon such a rollover, the Assignment Agreement will terminate.
(d) Termination.
(i) For Default. City shall have the right to terminate this Agreement upon Borrower's default under this Agreement and failure to cure within the applicable cure periods specified in Section 8(a).
(ii) Mutual Agreement. This Agreement may be terminated with the written consent of both City and Borrower.
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iii) Inability to Develop Project. The parties acknowledge that as of the Effective Date, the intended Project, specifically a residential housing development with at least 75 units, would not be permitted under applicable land planning regulations (“ Planning Regulations”), including ( i) the Tahoe Regional Planning Agency (“ TRPA”)’ s Lake Tahoe Regional Plan Area (“ Regional Plan”) or (ii) the City’s Tourist Core Area Plan (“ TCAP”). ( See also Section 7(b).) The parties also acknowledge that as of the Effective Date, there are no assurances that Borrower will be able to obtain sufficient funding for the Project ( or any other project on the Property acceptable to the City) by the Termination Date. Therefore, the parties agree that if, on or after January 18, 2026 Borrower or the City reasonably determines that ( A) the applicable Planning Regulations are not likely to be amended to permit the proposed Project by the Termination Date (including any extensions thereof), ( B) sufficient funding for the Project is not likely to be obtained, or ( C) the assumptions and terms set forth in Section 7 cannot be satisfied or have materially changed, then either party shall have the right to terminate this Agreement with ten (10) days prior written notice to the other party. iv) Effect of Termination. If this Agreement is terminated pursuant to this Section 1(d), City shall be entitled to do either or both of the following: ( i) decline any further request for distribution of the Predevelopment Loan; and ( ii) exercise its rights under the Assignment Agreement, in which event Borrower shall promptly convey to City all Predevelopment Work in its then-current form, in full and complete satisfaction of any and all of Borrower’ s obligations and liabilities to the City under the Predevelopment Loan. e) Security for the Predevelopment Loan; Nonrecourse.
i) The Predevelopment Note shall be secured by the assignment to City of Borrower’ s interests in and rights to any and all Predevelopment Work financed in whole or in part with the Predevelopment Loan pursuant to an Agreement of Predevelopment Work that Borrower shall execute substantially in the form attached hereto as Exhibit D (“ Assignment Agreement”) and deliver to City concurrently with the execution of this Agreement. ii) The City agrees that it will not seek to obtain payment from or a personal judgment against Borrower or any member, officer, director or employee thereof for the payment of any amounts due under the Predevelopment Note or under this Agreement following an Event of Default ( as defined in Section 8(a)) or other termination of this Agreement, including without limitation Borrower’ s inability to develop the Project. The City’s sole recourse for payment of any amounts due under the Predevelopment Note or this Agreement will be limited to the exercise of the City’s rights under the Assignment Agreement; provided, however, that this Subsection ( ii) does not limit in any way the City’s right to recover losses incurred by the City as a result of Borrower’ s fraud, willful misrepresentation or misapplication of funds. f) Use of Predevelopment Loan. The Predevelopment Loan shall be used solely and exclusively for the payment or reimbursement of the eligible, City-approved Predevelopment Costs.
2. General Conditions Precedent to Disbursement of Funds. City’s obligation to disburse the Predevelopment Loan is conditioned upon satisfaction of all of the following conditions:
a) Borrower’ s execution and delivery to the City of this Agreement, the Predevelopment Note and the Assignment Agreement;
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b) Borrower’ s delivery to the City of an executed and completed Consent and Agreement of Contractor, substantially in form attached to the Assignment Agreement as Schedule 1 (“ Contractor Consents”), from the following project contractors for which a disbursement is requested: ( i) architects, ( ii) civil engineers, ( iii) surveyors, ( iv) landscapers, ( v) traffic consultants, and ( vi) and any other Project contractor with an expected contract amount exceeding $ 50,000 ( individually and collectively, “ Contractor” or “ Contractors”), and upon request by the City, Borrower delivery to City of a copy of any requested Contractor contracts and agreements (“ Contractor Contracts”);
c) Borrower’ s delivery to the City of evidence of insurance coverage in the form and in such amounts as set forth in the attached Exhibit E; and d) Borrower’ s delivery to the City of certified copies of Borrower’ s organizational documents, good standing certificate( s), and corporate resolution( s) approving the execution and delivery of the Loan Documents; and
e) Such other instruments and documents as Lender may reasonably request.
3. Disbursement of Predevelopment Loan.
a) Borrower Representations and Warranties with Each Disbursement. Each request by the Borrower for a disbursement under this Agreement: ( i) shall constitute the Borrower’ s affirmation that the representations and warranties contained in this Agreement remain true and correct in all material respects as of the date of such request; ( ii) shall constitute the Borrower’ s representation and warranty that the information set forth in each such request and any certification by the Borrower or any other Contractor supplied in connection therewith is true and correct in all material respects and omits no material fact necessary to make the same not misleading; ( iii) shall constitute Borrower’ s affirmation that the requested disbursement shall not cause Lender to disburse to Borrower in aggregate more than the agreed amount of the Predevelopment Loan; and ( iv) shall constitute the Borrower’ s affirmation of compliance in all material respects with the covenants contained in this Agreement. b) Requests for Disbursements. The Predevelopment Loan shall be disbursed as the work to be paid for by the Predevelopment Loan is performed or is completed, or to reimburse Borrower for completed or ongoing work for which Borrower has previously paid.
Borrower shall submit disbursement requests to Lender not more frequently than one time each calendar month. Lender will make a good faith effort to notify Borrower of any deficiencies in a disbursement request within ten ( 10) calendar days after such request, and to disburse the Predevelopment Loan under each disbursement request within twenty ( 20) calendar days after the request.
i) Each request for a disbursement shall be made to the Lender in writing, and disbursements shall not be requested more frequently than monthly. Each request for disbursement shall be funded within twenty (20) days after it has been properly submitted and when conditions on advances under Section 2 have been satisfied. Each request for a disbursement must contain the following:
I) a letter from Borrower requesting a disbursement, which should contain any special funding instructions and an executed Certification of Request for Payment of Predevelopment Costs in a form attached hereto as Exhibit F; 143
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II) Borrower’ s certification that it is in compliance with the latest approved Predevelopment Schedule or, if not, a certification that it is in compliance with the latest approved Predevelopment Schedule except for specifically identified items, together with a reasonable explanation of (x) the reasons for each excepted item and (y) for those items within Borrower’ s reasonable control, an explanation of how and when Borrower expects the item to be back on schedule or completed, as applicable.
III) as requested by Lender, invoices, cancelled checks, and any additional supporting documentation for Predevelopment Costs previously paid by Lender and invoices and supporting documentation for the current disbursement request; and IV) such other certificates, documents, information, or instruments the Lender shall reasonably require to substantiate the same. c) Disbursements Contingent on Lender’ s Satisfaction. Lender shall not be obligated to make any disbursements unless Lender is satisfied in its reasonable judgment that the conditions precedent to the making of such disbursements, have been satisfied by the Borrower, this disbursement shall not cause Lender to disburse more than the agreed amount of the Predevelopment Loan, and Borrower is in compliance with its obligations under the Loan Documents ( including without limitation the Development Schedule and all Predevelopment Schedule updates).
d) Lender’ s Right to Withhold Disbursements. Lender shall have the right to withhold disbursements, in whole or in part, if: (i) Predevelopment Work is in any material respect not in accordance with the Loan Documents; ( ii) any contractor’ s or mechanic’ s lien, laborer’ s lien, notice of contract or other like instrument or claim relating to the Predevelopment Work has been recorded or filed ( and/or Lender has received notice of the same), such lien or claim is not promptly discharged of record, and such lien or claim is not a result of Lender’ s failure to disburse the Predevelopment Loan in a timely manner; or (iii) Borrower is in default ( after any applicable notice and cure period) under any obligations to the Lender under the Loan Documents. e) No Obligation to Disburse Proceeds Upon Default or Termination.
Notwithstanding any other provision of this Agreement, the City shall have no obligation to disburse any portion of the Predevelopment Loan to Borrower following:
i) the failure of any of Borrower’ s representations and warranties set forth in this Agreement to be true and correct in all material respects; ii) termination of this Agreement by either mutual agreement of the parties, or by the City pursuant to Section 1(d)(iii); or iii) the occurrence and continuance of an Event of Default under this Agreement, the Predevelopment Note, or the Assignment Agreement. f) [ already in (d) above]
4. General Borrower Development and Reporting Obligations. a) General. Until the termination of this Agreement, Borrower shall use commercially reasonably diligent efforts, to obtain all required approvals and financing it deems necessary for the Project, at its sole cost and expense except as provided in this Agreement. 144
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b) Reporting Obligations. At least quarterly, or at such other times as City may reasonably request, Borrower shall provide Lender with a written report including the following:
i) Status of all obtaining all required Project approvals. ii) Status of obtaining all required Project financing. iii) Updated Predevelopment Schedule, identifying all then-completed tasks, and proposed amendments ( if any).
iv) Such other Project- related matters as City and Borrower may agree.
5. Equal Opportunity; Non-Discrimination.
a) Equal Opportunity. There shall be no discrimination on account of any basis listed in subdivision ( a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision ( m) and paragraph ( 1) of subdivision ( p) of Section 12955, and Section 12955.2 of the Government Code in the hiring, firing, promoting or demoting of any person engaged in predevelopment or construction work related to the Project, and Borrower shall direct its Contractors to refrain from discrimination on such basis.
6. Additional Covenants, Representations and Warranties of Borrower. a) Representations of Borrower. Borrower represents and warrants to the City as follows:
i) Organization of Borrower. Borrower is a duly limited partnership, validly existing and in good standing under the laws of the State of California. Borrower has all requisite power and authority to acquire the Property, to develop, own and operate the Project, to carry on its business as now conducted, and to execute, deliver and perform its obligations under this Agreement, the Predevelopment Note, and the Assignment Agreement. ii) Authorization of the Predevelopment Loan; No Violation. The execution, delivery and performance of this Agreement, the Predevelopment Note, and the Assignment Agreement have been duly authorized by Borrower, and this Agreement, the Predevelopment Note, and the Assignment Agreement, when duly executed and delivered, will constitute the valid and binding obligations of Borrower enforceable in accordance with their respective terms. Borrower’ s execution of this Agreement, the Predevelopment Note, and the Assignment Agreement and performance thereunder will not result in a breach of or constitute a default under any agreement, indenture or other instrument to which Borrower is a party or by which Borrower may be bound. The persons executing the Predevelopment Note, this Agreement, and the Assignment Agreement on behalf of Borrower have been duly authorized to do so.
iii) Litigation; Bankruptcy. There are no pending or, to Borrower’ s knowledge, threatened actions or proceedings before any court or administrative agency which may adversely affect the financial condition or operation of Borrower or any of its members or managers or Borrower’ s ability to carry out the obligations of Borrower under this Agreement.
Borrower is not the subject of any action under federal or state Bankruptcy Law. b) Indemnification. Borrower shall indemnify, defend ( with counsel approved by City), and hold the City, and its elected and appointed officers, officials, employees, agents, 145
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and representatives ( all of the foregoing, collectively, “ Indemnitees”) harmless from and against all losses, damages, fines, deficiencies, penalties, claims, demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs and expenses ( including without limitation reasonable attorneys’ fees and court costs) or liabilities of any kind (all of the foregoing, collectively “ Claims”) arising directly or indirectly in any manner in connection with or resulting from ( i) any and all predevelopment, development or construction activities conducted in connection with the Property or the Project, including without limitation, site investigations conducted by or for Borrower, ( ii) any failure of any of Borrower’ s representations or warranties set forth in this Agreement, or made by Borrower in connection with the execution and delivery of this Agreement or in any certificate furnished pursuant hereto, or in connection with any request for disbursement of the Predevelopment Loan to be correct in all material respects, (iii) any Claim, whether meritorious or not, brought or asserted against any Indemnitee which relates to or arises in connection with the Predevelopment Loan, the Predevelopment Note, the Assignment Agreement, or any transaction contemplated thereby, or the relationship between Borrower and City. Borrower’ s obligations under this Section shall survive the making and repayment of the Predevelopment Loan and the expiration or termination of this Agreement. Borrower’ s indemnity obligations shall not apply to Claims ( 1) to the extent arising as a result of the willful misconduct or gross negligence of the Indemnitees, or ( 2) arising from events occurring on or after the Termination Date if City has exercised its rights under the Assignment Agreement and taken ownership and liability of any Contractor Contract.
c) Insurance. Borrower shall maintain and keep in force, at Borrower’ s expense, the insurance coverage set forth in Exhibit E. For each of Borrower’ s insurance policies, Borrower shall provide to City within ten days following execution of this Agreement, but in no event later than the initial disbursement of the Predevelopment Loan, a certificate of insurance and an endorsement which provides that no cancellation, major change in coverage or expiration will be effective during the term of this Agreement without 30 days written notice to the City prior to the effective date of such cancellation, change in coverage or expiration. Upon request by the City from time to time, Borrower shall deliver to the City originals or copies of all such insurance policies and certificates evidencing such policies.
d) Books and Records. The City shall have the right, during business hours and after reasonable notice to Borrower, to inspect and copy Borrower’ s books and records concerning the Property, the Project and the use of the Predevelopment Loan. e) Funder Obligations. The Borrower will comply with any commercially reasonable requirement of any provider of Predevelopment Loan funds to the City (such as, for example, the California Department of Housing and Community Development (“ HCD”)) that the City may provide to the Borrower.
f) Other Documents. Upon City’s reasonable request, Borrower shall deliver to the City copies of documents related to the Project, including without limitation, construction contracts, consulting agreements, architects’ agreements, loan and financing applications, studies, reports, loan documents, management plans, and property management agreements.
7. Other Development Matters.
a) The parties are entering into this Agreement based on, among others, the following Project assumptions:
i) Prevailing wages will likely be required.
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ii) Average income will be less than 60% AMI for assisted units. iii) A parking management plan will be required in order to provide a parking ratio of at or below 1:1 (parking to units)
iv) The development program assumes the primary funding sources are 4% or 9% LIHTC and bonds and that additional local, state and/or federal subsidies will be required.
v) The final Project design must be approved by the appropriate planning agencies ( City and TRPA).
b) Additionally, Borrower and City acknowledge the current zoning ( TSC-MU) per the Tourist Core Area Plan (“TCPA”) allows a maximum of 32 units to be developed on the Site, with a maximum allowable height of 56’ and up to 70% lot coverage. City and Borrower will work together with the TRPA in an effort to increase the allowable density and height through an amendment to the Area Plan or other permissible means, but City gives no assurances as to the type ( if any) commitments the City could or would make to achieve acceptable Project density and height, or whether any efforts to achieve those goals would succeed. c) Borrower and City agree that the precise affordability levels, the site plan, unit count, and any public improvements may be revised as agreed to by Borrower and City over time in order to meet the needs of the community and to create a successful and feasible Project. d) City makes no commitments on the amount of permanent financing City will be able to make, other than the Predevelopment Loan and any rollover of same set forth in Section 1(c). City acknowledges that Borrower has requested up to a maximum $ 100,000 per unit permanent gap financing at a 3% residual receipts interest rate and 55 year term, on terms to be negotiated in good faith.
8. Default and Remedies.
a) Events of Default. The occurrence of any one or more of the following events shall constitute an event of default hereunder (“ Event of Default”):
i) An Event of Default is declared under the Predevelopment Note, the Assignment Agreement, or the Purchase Agreement and remains uncured after 10 days of Borrower’ s receipt of notice of such Event of Default. ii) Any of Borrower’ s representations or warranties contained in the Purchase Agreement or this Agreement, or made by Borrower in connection with the execution and delivery of this Agreement or in any certificate furnished pursuant hereto, or in connection with any request for disbursement of the Predevelopment Loan shall prove to have been incorrect when made in any material respect.
iii) Pursuant to or within the meaning of the United States Bankruptcy Code or any other federal or state law relating to insolvency or relief of debtors (“ Bankruptcy Law”), Borrower: ( i) commences a voluntary case or proceeding; ( ii) consents to the entry of an order for relief against Borrower in an involuntary case; ( iii) consents to the appointment of a trustee, receiver, assignee, liquidator or similar official for Borrower; ( iv) makes an assignment for the benefit of its creditors; or (v) admits in writing its inability to pay its debts as they become due. 147
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iv) A court of competent jurisdiction enters an order or decree under any Bankruptcy Law that ( i) is for relief against Borrower in an involuntary case, ( ii) appoints a trustee, receiver, assignee, liquidator or similar official for Borrower or substantially all of Borrower’ s assets, (iii) orders the liquidation of Borrower, or (iv) issues or levies a judgment, writ, warrant of attachment or similar process against the Property or the Project, and in each case the order or decree is not released, vacated, dismissed or fully bonded within 60 days after its issuance.
v) Borrower fails to maintain insurance as required pursuant to this Agreement, and Borrower fails to cure such default within 10 days. vi) Borrower fails to use the Predevelopment Loan in accordance with this Agreement or fails to use the Predevelopment Loan in accordance with a Borrower disbursement request.
vii) Borrower defaults in the performance of any term, provision, covenant or agreement contained in the Purchase Agreement or this Agreement other than an obligation enumerated in this Section 4(a), and unless such a shorter cure period is specified for such default, the default continues for ten (10) days in the event of a monetary default or thirty 30) days in the event of a nonmonetary default after the date upon which City shall have given written notice of the default to Borrower, provided that in the case of a nonmonetary default that is not susceptible of cure within thirty ( 30) days, an Event of Default shall not arise hereunder if Borrower commences to cure the default within thirty ( 30) days and thereafter prosecutes the curing of such default to completion with due diligence and in good faith, but in no event longer than 90 days from the receipt of notice of default.
b) Remedies. Upon the occurrence of an Event of Default, the City shall have the following rights, in addition to any other rights and remedies provided by law:
i) The City may declare the entire outstanding principal balance of the Predevelopment Loan and interest accrued at the default rate specified in the Predevelopment Note immediately due and payable;
ii) The City may exercise any and all rights and remedies granted to the City pursuant to the Assignment Agreement; and
iii) The City may terminate this Agreement.
Each of the remedies provided herein is cumulative and not exclusive of, and shall not prejudice any other remedy provided herein, in the Purchase Agreement, the Predevelopment Note, or the Assignment Agreement. The City may exercise any rights and remedies available under applicable law, in addition to, and not in lieu of, any rights and remedies expressly granted in this Agreement.
9. CEQA Savings Clause. To comply with CEQA and give the public the opportunity to be aware of the environmental consequences of the Project, and to fully participate in the CEQA process, the Parties acknowledge that the City has no obligation to approve and Borrower has no obligation to develop the Project unless and until the Parties have negotiated, executed and delivered mutually acceptable agreements based upon information produced from the CEQA environmental review process and any other public review and hearing processes, subject to all 148
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applicable governmental approvals. City shall retain discretion in accordance with applicable law before action on the Project by the City Council to (i) identify and impose mitigation measures to mitigate significant environmental impacts, if any; ( ii) select other feasible alternatives to avoid significant environmental impacts, if any; ( iii) balance the benefits of the Project against any significant environmental impacts prior to taking final action if such significant impacts cannot otherwise be avoided; or (iv) determine not to proceed with the Project.
10. Miscellaneous.
a) Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. Notwithstanding the foregoing, City’s obligation to make the Predevelopment Loan is personal to Borrower, and this Agreement shall not be assignable by Borrower by operation of law or otherwise absent the express written consent of City, and any such assignment by operation of law or otherwise shall be void.
b) Notices. All notices, demands, consents, requests or other communications required to or permitted to be given pursuant to this Agreement shall be in writing, addressed to the parties in the manner set forth below, and be given only in accordance with the provisions of this Section 5(b). All such items shall be sent by: personal delivery, in which case notice is effective upon delivery; certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or nationally recognized overnight courier, with charges prepaid or charged to the sender’ s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service ( or, if delivery is not during regular business hours on a business day, then on the next business day).
The addresses of the parties to receive notices are as follows:
To City: City of South Lake Tahoe
1901 Lisa Maloff Way,
South Lake Tahoe, CA 96150
Attention: Joseph Irvin, City Manager
With a copy to: City Attorney
City of South Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
To Borrower: NDC Lake Tahoe LP
1990 North California Blvd., Suite 800
Walnut Creek, CA 94596
Attention: Iman Novin
Email: inovin@novindevelopment. com
With a copy to: SMR Development LLC,
529 N. Hillview Drive
Boise, ID 83712
Attention: Shellan Rodriguez
Email: shellan@smrdevelopment. com
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c) Waiver, Modification and Amendment. No failure or delay on the part of the City in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy hereunder. No modification or waiver of any provision of this Agreement, nor any consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances. No amendment to or modification of this Agreement shall be effective unless and until such amendment or modification is in writing, properly approved in accordance with applicable procedures, and executed by the parties.
d) Further Assurances. The parties shall execute, acknowledge and deliver to the other parties such other documents and instruments, and shall take such other actions, as may reasonably be necessary to carry out the intent of this Agreement. e) Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish Borrower and City as partners, co-venturers, or principal and agent with one another. f) Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, or consent by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City’s City Manager or by any person who shall have been designated by the City Manager, without further approval by the City Council unless the City Manager determines in his discretion that such action requires such approval.
g) Non- Liability of City and City Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to Borrower, or any successor in interest to either in the event of any default or breach by the City, or for any amount of money which may become due to Borrower or any successor to either, or for any obligation of City under this Agreement.
h) No Third Party Beneficiaries. There shall be no third party beneficiaries to this Agreement.
i) Captions; Construction; Time is of the Essence. The headings of the sections and paragraphs of this Agreement have been inserted for convenience only and shall not be used to construe this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any party. Time is of the essence in the performance of this Agreement.
j) Governing Law; Venue. This Agreement, the Predevelopment Note, and the Assignment Agreement shall be construed and enforced in accordance with the laws of the State of California applicable to contracts executed and wholly performed in that State. Borrower agrees that any controversy arising under or in relation to this Agreement, the Predevelopment Note, or the Assignment Agreement shall be litigated exclusively in courts having jurisdiction in El Dorado County, California.
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k) Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties are materially altered or abridged by such invalidation, voiding or unenforceability. l) Entire Agreement; Exhibits. This Agreement, together with the Predevelopment Note, the Assignment Agreement, and the Purchase Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the parties with respect thereto. Exhibits A through E attached hereto are incorporated herein by this reference. m) City Status. Borrower recognizes and agrees that City is not a commercial lending institution, but a public agency exercising its authority to protect the public health, safety and welfare. Any duties or obligations which a commercial lending institution may have to Borrower shall not apply to this transaction except as set forth herein or in the Predevelopment Note or as otherwise required by law.
n) Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument.
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below.
Borrower: City:
NDC LAKE TAHOE LP
By: NDC Lake Tahoe LLC, a California
limited liability company
Its: General Partner
By: Novin Development Corp., a
California corporation
Its: Sole Member
CITY OF SOUTH LAKE TAHOE
By: Cody Bass ( May 17, 2024 14: 32 EDT)
Name: Cody Bass
Its: Mayor
Date: 05/17/2024
By: Iman Novin (May 23, 2024 12: 48 PDT)
Name: Iman Novin
Its: President
Date: 05/23/2024
ATTEST:
By: Susan Blankenship (May 17, 2024 08:22 PDT)
Susan Blankenship, City Clerk
APPROVED AS TO FORM:
By: Heather Stroud (May 17, 2024 08:52 PDT)
Heather Stroud, City Attorney
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Exhibits
A Predevelopment Costs
B Predevelopment Schedule
C Form of Predevelopment Note
D Form of Assignment Agreement
Schedule 1: Contactor Consent
E Insurance Requirements
F Form of Certification of Request for Payment of Predevelopment Costs 153
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Exhibit A
PREDEVELOPMENT COSTS
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South Lake Tahoe
Predevelopment Budget
Budget Version v1.0
as of date 4/24/ 2024
PREDEVELOPMENT COST AMOUNT
Acquisition Price 0.00
Acquisition Costs $ 0.00
Pedevelopment Financing Costs $ 25,000.00
Architectural, Survey & Engineering $ 354,073.00
Planning Fees $ 35,000.00
Third Party Reports $ 50,000.00
Legal $ 50,000.00
Accounting, Administration, Consulting $ 50,000.00
TOTAL PREDEVELOPMENT BUDGET $ 564,073.00
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Exhibit B
PREDEVELOPMENT SCHEDULE
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South Lake Tahoe
Project Timeline
Budget Version v1.0
as of date 4/24/ 2024
MILESTONE ESTIMATED DATE
Survey June 2024
City's TCAP Approval from TRPA July 2024
Schematic Design July 2024
Design Approval - TRPA & CSLT December 2024
Soft Funding Application( s) 2025-2026
Tax Credit Application( s) 2026
Construction Start 180 Days After Tax Credit Award
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Exhibit C
FORM OF PREDEVELOPMENT NOTE
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PREDEVELOPMENT LOAN PROMISSORY NOTE
FOR
3900/3908 LAKE TAHOE BLVD.
564,073.00 South Lake Tahoe, California
202
FOR VALUE RECEIVED, the undersigned NDC LAKE TAHOE LP, a California limited partnership (“ Maker”) promises to pay to the order of the CITY OF SOUTH LAKE TAHOE, a municipal corporation (“ Holder,” or “ Lender”), or order, at City of South Lake Tahoe, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150 or at such other place as Lender may from time to time designate in writing, the principal sum of Five Hundred Sixty Four Thousand Seventy Three and 00/100 Dollars $ 564,073.00 or so much thereof as may be advanced and outstanding, in lawful money of the United States.
1. This Note evidences the “ Predevelopment Loan” as defined and described in that certain Predevelopment Loan and Development Agreement, dated of even date herewith, between Maker and Lender (the “ Loan Agreement”). Collectively this Note, the Loan Agreement and associated documents constitute the “ Loan Documents.” The principal amount of this Note will be disbursed as contemplated and controlled by the Loan Agreement.
All capitalized terms not otherwise defined herein shall have the meanings provided in the Loan Agreement, and the provisions of the Loan Agreement relating to the Predevelopment Loan are hereby incorporated herein by this reference.
2. Principal amount of this Note shall bear interest prior to maturity at the Interest Rate. The principal amount of this Note as stated above, or so much thereof as may be advanced and outstanding, shall be due and payable on the earlier of the following (“ Maturity Date”):
a) Termination of the Loan Agreement as provided therein, including without limitation on the Termination Date, for default, or otherwise; and b) Upon purchase of the Property by Borrower or a Permitted Assignee, as provided in the Loan Agreement.
c) Except as otherwise provided in the Loan Agreement, if the loan has not been repaid in full by the Maturity Date, then the Lender’ s sole recourse shall be limited to any assets assigned to Lender and any additional security granted to Lender under the Loan Documents, including without limitation Borrower’ s right, title and interest in and to the Predevelopment Work, and any other documents and work product relating to the Project that have been paid for in whole or in part by the Lender as assigned pursuant to the Assignment of Project Documents. The Lender, in its sole discretion, may accelerate repayment if an Event of Default occurs under any Loan Documents after the expiration of the applicable cure periods therein.
d) This Note may be prepaid in whole or in part at any time, and from time to time without premium or penalty.
3. It is expressly agreed that time is of the essence in this Note and in the event of:
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a) any default in the full and punctual payment of all or part of any installment of principal or interest hereunder as and when the same become due and payable; or b) upon the occurrence of any “ Event of Default” under the Loan Agreement and the expiration of any applicable period of grace within which the Maker may cure the same, there shall be an Event of Default under this Note;
then, in any such event, the Holder hereof, at its option, may declare the entire outstanding principal balance hereof, together with all costs, fees, expenses, charges for collection, including reasonable attorneys’ fees ( which shall include outside counsel fees and all allocated costs of Holder’s in-house counsel), and costs for declaratory relief, arbitration, prosecution or defense of any action related to this Note, to be immediately due and payable in full, without further demand or notice to Maker or to any other party.
4. Failure of the Holder to exercise any rights hereunder with respect to any default shall not excuse such default and shall not constitute the Holder’ s waiver of the right to the latter exercise thereof, in the absence of a written agreement to the contrary executed and delivered by the Holder hereof and subsequent to such default.
5. All payments hereunder shall be paid in lawful money of the United States, which, at the time of payment, shall be legal tender for the payment of all debts and dues, public and private.
6. All sums received hereunder shall be applied in the following order: first, upon an Event of Default to costs and expenses of the Lender incurred in connection with the Loan, including costs of collection and reasonable attorney’ s fees, second, to interest, and then to principal.
7. Maker, all endorsers and guarantors hereof, and all others who may become liable for all or any part of the indebtedness evidenced hereby: (i) agree to be jointly and severally bound hereby, as primary obligors; ( ii) jointly and severally waive and renounce any and all exception rights, including that of homestead, and the benefit of all valuation and appraisement privileges available to them or any of them pursuant to the Constitution or the laws of the United States or of any state, territory or jurisdiction, as against this debt or any renewal or extension thereof; and iii) jointly and severally waive presentment for payment, demand, notice of protest, and any and all lack of diligence or delays in collection or enforcement hereof or in bringing suit for the collection hereof or in taking any other action hereunder. Maker and all others who may become liable for all or any part of the indebtedness evidenced hereby further agree with the Holder thereof that said Holder may, without notice, in such manner, on such terms and for such times( s) as the Holder may see fit, increase, extend, or renew this Note, and/or release any maker hereof, and/or substitute or add guarantors, and/or substitute or release all or any part of the collateral ( real, personal or mixed) securing this Note, all without any way affecting, impairing, limiting, releasing or foregoing the joint and several liability of Maker and all endorsers and guarantors hereof not so released. The foregoing shall in all events be subject to the limitations on recourse set forth in Section 8 hereof.
8. The recourse of the Lender shall be limited as set forth in this Note and the Loan Agreement. It is agreed that the agreements limiting the exercise of remedies against Borrower or any member of Borrower, shall not:
a) constitute a release, discharge or waiver of the indebtedness evidenced by 160
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the Note and the indebtedness evidenced by the Note shall continue until satisfied or paid in full; b) limit or be construed to limit the personal liability of the Borrower or any member, for the performance of the covenants and obligations under the Loan Documents, other than the covenant to personally pay the indebtedness evidenced by the Note; or c) affect any additional remedies or liens which the Lender has for the indebtedness evidenced by the Note and for the enforcement of any rights which the Lender has under the Loan Documents.
9. Maker hereby represents and warrants to, and covenants with, Lender that the entire proceeds hereof have been or will be used for the purpose of eligible Predevelopment Costs incurred by Maker for the Project pursuant to the Loan Agreement.
10. The rights and obligations created hereunder shall be construed and enforced according to, and shall be governed by, the laws of the State of California applicable to contracts executed and wholly performed in that State.
11. The unenforceability or invalidity of any provision or provisions hereof shall not render any other provision or provisions hereof invalid or unenforceable.
WITNESS the following signatures.
NDC LAKE TAHOE LP
By: NDC Lake Tahoe LLC, a California limited liability company Its: General Partner
By: Novin Development Corp., a California corporation
Its: Sole Member
By: Iman Novin (May 23, 2024 12:48 PDT)
Name: Iman Novin
Its: President
Date: 05/23/2024
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Exhibit D
FORM OF ASSIGNMENT AGREEMENT
Attached)
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ASSIGNMENT OF PROJECT DOCUMENTS
3900/3908 LAKE TAHOE BLVD.
THIS ASSIGNMENT OF PROJECT DOCUMENTS ( the “ Assignment”) is made as of 202 by NDC LAKE TAHOE LP, a California limited partnership the “ Borrower”) in favor of the CITY OF SOUTH LAKE TAHOE, a municipal corporation ( the City” or “ Lender”).
WHEREAS, pursuant to terms more specifically described in a loan agreement between Lender and Borrower of even date herewith ( the “ Loan Agreement”), Lender intends to lend to Borrower up to and 00/100 Dollars ($ ) ( the
Predevelopment Loan”) to cover City-approved and budgeted predevelopment costs Predevelopment Costs”) to be paid to certain of Borrower’ s consultants, contractors, professionals, or suppliers ( including its architect, “ Contractors”) for studies, site investigation, feasibility analyses, architectural and engineering services, and preparation of applications for entitlements and construction and permanent financing ( the “Predevelopment Work”) related to a potential housing project development at 3900/3908 Lake Tahoe Blvd. in South Lake Tahoe, California ( as further described in the Loan Agreement, the “ Project”); and WHEREAS, the execution and delivery of this Assignment is a condition precedent to the performance by Lender of its obligations under the Loan Agreement.
NOW, THEREFORE, in consideration of the recitals set forth above and incorporated herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower agrees as follows:
1. Unless expressly defined herein, all capitalized terms used herein shall have the meanings ascribed to such terms in the Loan Agreement.
2. As security for the Predevelopment Loan, Borrower hereby grants, transfers and assigns to Lender, all the right, title and interest of Borrower in (i) the Predevelopment Work.
3. This Assignment is given for the purpose of securing the payment of all sums, now or at any time due Lender under any of the Loan Documents and any extensions, modifications, amendments and renewals thereof, and the performance and discharge of the obligations, covenants, conditions and agreements of Borrower contained in any of the Loan Documents.
Borrower hereby consents to the Lender filing one ( or more) financing statements, from time to time, with the California Secretary of State to evidence the assignment of the Predevelopment Work. Lender does not assume any of Borrower obligations or duties under any Predevelopment Work, including, but not limited to, the obligation to pay for the preparation of any Predevelopment Work unless and until the Lender exercises its rights pursuant to this Assignment.
4. Borrower hereby irrevocably appoints Lender as its attorney- in-fact, which power is coupled with an interest, so that Lender shall have the right to demand, receive, and enforce any and all of Borrower' s rights with respect to the Predevelopment Work, and to perform any and all acts in the name of Borrower or in the name of Lender with the same force and effect as if performed by Borrower in the absence of this Assignment, upon the occurrence and during the continuance of an event which, with notice or the passage of time or both, would constitute an Event of Default under the Loan Documents, or following any termination thereunder. Until such occurrence and upon Borrower’ s cure of any Event of Default permitted by the Loan Documents, 163
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Borrower shall be entitled to exercise all rights pertaining to the Predevelopment Work.
5. Borrower agrees as follows:
a) Borrower will faithfully abide by, perform and discharge each and every obligation, covenant, condition and agreement of the Predevelopment Work and all agreements relating thereto to be performed by Borrower and in accordance with the exercise of prudent business judgment, to enforce performance by the other parties thereto of each and every obligation, covenant, condition and agreement to be performed by each such other party. b) During the continuance of an Event of Default under the Loan Documents, or following termination thereof, Lender may use Predevelopment Work for any lawful purpose without restriction except ( if any) as may be provided in the Loan Agreement. c) During the continuance of an Event of Default under the Loan Documents or following termination thereof, Lender may, at its option, without notice and without regard to the adequacy of security for the indebtedness hereby secured, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court at any time hereafter, enforce for its own benefit any one or all of the Predevelopment Work. The exercise of any rights under this Assignment shall not be deemed to cure or waive any default under any of the Loan Documents or waive, modify or affect any notice of default or Lender right to terminate under any of the Loan Documents or invalidate any act done by Lender pursuant to or following such notice.
d) Each of the parties to any of the Predevelopment Work or agreement relating thereto other than Borrower, upon written notice from Lender of the continuance of an Event of Default or termination under the Loan Documents, shall be and hereby is authorized by Borrower to perform their respective agreements for the benefit of Lender in accordance with the terms and conditions thereof without any obligation to determine whether or not such an Event of Default or termination under the Loan Documents has in fact occurred and continues. e) Before submitting to Lender a disbursement request to pay any Contractor, Borrower shall have provided Lender a Contractor Consent if required in the Loan Agreement.
6. Borrower hereby covenants and represents to Lender that: ( a) Borrower has not previously assigned, sold, pledged, transferred, mortgaged, hypothecated or otherwise encumbered the Predevelopment Work or any of them or its right, title and interest therein; ( b) Borrower shall not assign, sell, pledge, transfer, mortgage, hypothecate or otherwise encumber its interests in the Predevelopment Work or any of them except that Borrower may do so in connection with the financing of the Project; ( c) Borrower has not knowingly performed any act that might prevent Borrower from performing its undertakings hereunder or that might prevent Lender from operating under or enforcing any of the terms and conditions hereof or that would limit Lender in such operations or enforcement; ( d) Borrower is not in default under any of the Predevelopment Work or agreement relating thereto, and to the best knowledge of Borrower, no other party to the respective Predevelopment Work or agreement relating thereto is in default thereunder; ( e) except as provided in the Loan Agreement ( if any), no amendments to any material terms of the Predevelopment Work or agreement relating thereto will be made without the prior written consent of Lender, which consent shall not be unreasonably withheld, delayed or conditioned; and (f) Borrower will deliver a copy of any Predevelopment Work ( or the original at Lender’ s request) paid for by the Predevelopment Loan as reasonably requested by Lender. 164
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7. All notices, demands or documents that are required or permitted to be given or served hereunder shall be in writing and shall be deemed sufficiently given when delivered or mailed in the manner set forth in the Loan Agreement.
8. Any provision in the Loan Agreement that pertains to this Assignment shall be deemed to be incorporated herein as if such provision were fully set forth in this Assignment. In the event of any conflict between the terms of this Assignment and the terms of the Loan Agreement, the terms of the Loan Agreement shall prevail. A provision in this Assignment shall not be deemed to be inconsistent with the Loan Agreement by reason of the fact that no provision in the Loan Agreement covers such provision in this Assignment.
9. This Assignment is made for collateral purposes only, and the duties and obligations of Borrower under this Assignment shall terminate when all sums due Lender under the Loan Documents are paid in full and all obligations, covenants, conditions and agreements of Borrower contained in the Loan Documents are performed and discharged.
10. This Assignment shall be governed by the laws of the State of California applicable to contracts executed and wholly performed in that state
11. It is expressly intended, understood and agreed that this Assignment and the other Loan Documents are made and entered into for the sole protection and benefit of Borrower and Lender and their respective successors and assigns ( but in the case of assigns of Borrower, only to a Permitted Assignee as permitted in the Loan Agreement); that no other person or persons shall have any right at any time to action hereon or rights to the proceeds of the loan evidenced and secured by the Loan Documents; that such loan proceeds do not constitute a trust fund for the benefit of any third party; that no third party shall under any circumstances be entitled to any equitable lien on any such undisbursed loan proceeds at any times and that Lender shall have a lien upon and right to direct application of any such undisbursed loan proceeds as provided in the Loan Documents.
12. The relationship between Lender and Borrower is solely that of a lender and borrower, and nothing contained herein or in any of the Loan Documents shall in any manner be construed as making the parties hereto partners, joint venturers or any other relationship other than lender and borrower.
13. Borrower and Lender intend and believe that each provision in this Assignment comports with all applicable local, state or federal laws and judicial decisions. However, if any provision or provisions or if any portion of any provision or provisions in this Assignment is found by a court of law to be in violation of any applicable local, state or federal ordinance, statute, law, administrative or judicial decision or public policy, and if such court should declare such portion, provision or provisions of this Assignment to be illegal, invalid, unlawful, void or unenforceable as written, then it is the intent both of Borrower and Lender that such portion, provision or provisions shall be given force to the fullest possible extent that they are legal, valid and enforceable, that the remainder of this Assignment shall be construed as if such illegal, invalid, unlawful, void or unenforceable portion, provision or provisions were not contained therein and that the rights, obligations and interests of Borrower and Lender under the remainder of this Assignment shall continue in full force and effect.
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IN WITNESS WHEREOF, Borrower has duly executed this Assignment on the day and year first above written.
NDC LAKE TAHOE LP
By: NDC Lake Tahoe LLC, a California limited liability company Its: General Partner
By: Novin Development Corp., a California corporation
Its: Sole Member
By: Iman Novin (May 23, 2024 12:48 PDT)
Name: Iman Novin
Its: President
Date: 05/23/2024
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Schedule 1
Form of Contractor’ s Consent ( including Architect)
CONSENT AND AGREEMENT OF CONTRACTOR
The undersigned (“ Contractor”) hereby acknowledges
and consents to the assignment to the City of South Lake Tahoe, a municipal corporation City”) of its contract with NDC Lake Tahoe LP, a California limited partnership (“ Borrower”) titled “ ” dated , 202 ( the “ Contract”), pursuant
to that certain Assignment of Project Documents ( the “Assignment”) that serves as security for a loan from the City (“ Lender”) to Borrower. Contractor agrees to recognize, honor and be bound by the terms, provisions and conditions of the Assignment.
1. Contractor agrees:
a) to furnish Lender copies of all written notices of default given by Contractor to Borrower with respect to any failure of Borrower to perform under the Contract,; b) to accept any such performance by Lender as performance by the Borrower; and c) so long as Lender commences to cure or cause to be cured any such breach, and the cure is carried on with due diligence ( or in the case of a breach of Borrower’ s payment obligations to the Contractor, so long as Lender pays or causes to be paid any sums payable from time to time by Borrower to Contractor under the Contract within a reasonable time after the same become due), then Contractor will continue to meet its obligations fully under the Contract and will not terminate the Contract, suspend work thereunder or place a lien or encumbrance on the Project.
2. Contractor acknowledges and agrees that Lender shall have no obligation to commence or continue the cure of any such breach or to pay or perform any obligation of Borrower to the Contractor except to the extent provided in the foregoing Assignment.
3. Contractor waives all recourse against Lender for all claims, whether amounts are due or otherwise, which it may have against Borrower first accruing or arising prior to any Event of Default or termination under Borrower' s Loan Documents with Lender.
4. Contractor hereby expressly waives all Contract provisions that would impair, hinder or prevent the making of the Assignment by Borrower or the Lender’ s enforcement thereof.
5. Contractor hereby represents and warrants to Lender that the Contract is in full force and effect on the date hereof and has not been amended or modified and that there are no uncured breaches thereof by any party thereto.
6. Contractor further agrees that:
a) Without Lender’ s prior written approval, Contractor will not enter into any agreement terminating, amending or modifying the terms, provisions or conditions of the Contract in any material respect;
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b) Without Lender’ s prior written approval, Contractor will not transfer or assign the Contract;
c) Contractor will deliver simultaneously to Lender copies of all change order requests delivered to Borrower;
d) Upon any Event of Default or Lender termination under any of the Loan Documents, Lender shall have an absolute right to use and copy all drawings, plans, work products, including all copyrights and other rights relating thereto, and/or specifications and other materials prepared by or for Contractor with respect to the Project; and
e) Upon Lender’ s request, Contractor will provide Lender a schedule showing all amounts earned by the Contractor under the Contract.
7. All notices, requests, demands, approvals, or other communications given hereunder or in connection with this Agreement shall be in writing and shall be deemed given when delivered by hand or sent by registered or certified mail, return receipt requested, addressed as follows:
If to Contractor: [ INSERT NAME AND ADDRESS]
If to Lender: City of South Lake Tahoe
1901 Lisa Maloff Way,
South Lake Tahoe, CA 96150
Attention: City Manager
With a copy to: City Attorney
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
A copy of all notices under this Agreement shall also be delivered to Borrower.
If to Borrower: NDC Lake Tahoe LP
1990 North California Blvd., Suite 800
Walnut Creek, CA 94596
Attention: Iman Novin
Email: inovin@novindevelopment. com
With a copy to: SMR Development LLC,
529 N. Hillview Drive
Boise, ID 83712
Attention: Shellan Rodriguez
Email: shellan@smrdevelopment. com
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8. This Consent and Agreement of Contractor shall bind the Contractor and its representatives, successors and assigns, and shall inure to the benefit of Lender and Lender’ s successors and assigns, including, without limitation, any subsequent holder of the Predevelopment Note.
9. All capitalized terms used herein shall have the meanings ascribed such terms in the Loan Agreement unless otherwise expressly defined herein.
CONTRACTOR NAME]
By:
Name:
Title:
Date:
3 169
C-092-2024
Exhibit E
INSURANCE REQUIREMENTS
Borrower and all contractors working on behalf of Borrower on the Project shall maintain a commercial general liability policy in the amount of One Million Dollars ($ 1,000,000) combined single limit per occurrence, or such other policy limit as City may require in its reasonable discretion, including coverage for bodily injury, property damage, products, completed operations and contractual liability coverage. Such policy or policies shall be written on an occurrence basis and shall name the City and its officers, officials, agents, employees, and representatives as additional insureds.
All contractors working on behalf of Borrower shall maintain a comprehensive automobile liability coverage in the amount of One Million Dollars ($ 1,000,000), combined single limit including coverage for vehicles owned by such contractor, if any, and shall furnish or cause to be furnished to City evidence satisfactory to City that contractor with whom Borrower has contracted for the performance of work on the Property or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. Automobile liability policies shall name the City and its officers, officials, agents, employees, and representatives as additional insureds.
Companies writing the insurance required hereunder shall be licensed to do business in the State of California. Insurance shall be placed with insurers with a current A.M. Best' s rating of no less than A: VII.
Prior to undertaking any activity to be paid or reimbursed using the Predevelopment Loan, Borrower shall furnish City with certificates of insurance in form acceptable to City evidencing the required insurance coverage and duly executed endorsements evidencing additional insured status. The certificates shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation, termination or non-renewal of the coverage at least thirty ( 30) days in advance of the effective date of any such material change, cancellation, termination or non-renewal. Coverage provided by Borrower shall be primary insurance and shall not be contributing with any insurance, or self-insurance maintained by City, and the policies shall so provide. The insurance policies shall contain a waiver of subrogation for the benefit of the City.
Borrower shall provide City with certified copies of the required insurance policies upon request of City.
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C-092-2024
Exhibit F
CERTIFICATION OF REQUEST FOR PAYMENT OF PREDEVELOPMENT COSTS Along with each request to City for funds relating to Predevelopment Costs under the Predevelopment Loan, Borrower shall furnish the following certification or the disbursement shall not be made. All terms used herein shall have the meaning given to them in the Predevelopment Loan and Development Agreement (“ Loan Agreement”).
The undersigned certifies that:
a) The amounts requested are only for Predevelopment Costs, or reimbursement of Predevelopment Costs paid, in accordance with the Loan Agreement, and are included in the items and amounts described in Loan Agreement Exhibit A. b) Certain payments to Contractors have been made by Borrower, and Borrower is requesting reimbursement for such costs in the amount of $ . Evidence of payment of such costs included with the request for disbursement accompanying this Certification.
c) If the Loan Agreement requires an executed Contractor Consent for any Contractor for which a disbursement is sought, such a Contractor Consent has been provided to the City. d) Borrower is in full compliance with each Contractor Contract, and none of the Contractors is in default under their Contractor Contract.
e) This request for funds does not include any amounts that Borrower intends to withhold or retain from a Contractor.
SIGNATURE PAGE FOLLOWS]
5 171
C-092-2024
NDC LAKE TAHOE LP
By: NDC Lake Tahoe LLC, a California limited liability company Its: General Partner
By: Novin Development Corp., a California corporation
Its: Sole Member
By: Iman Novin (May 23, 2024 12:48 PDT)
Name: Iman Novin
Its: President
Date: 05/23/2024
6 172
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
A/C, No, Ext): A/C, No):(
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER EXPTYPEPOLICY EFF POLICYOF INSURANCE MM/ LIMITS( DD/YYYY)( MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
RENTEDCLAIMS- DAMAGE TO MADE OCCUR $
PREMISES ( Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- POLICY AGGJECT LOC PRODUCTS - COMP/OP
OTHER:$
COMBINED SINGLE LIMIT
Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident)$
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY ( Per accident)
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
LIMITDESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 ( 2016/ 03) 1988- 2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
The ACORD name and logo are registered marks of ACORD
5/31/2024
408) 350-5700
38920
Novin Development Corp.
1900 N. California Blvd, # 800
Walnut Creek, CA 94596
10200
A 1,000, 000
X X 01002758160 12/ 29/ 2023 12/ 29/ 2024 100, 000
0 1,000, 000
2,000, 000
0 000A2,000,
01002770750 1/5/2024 12/ 29/ 2024 2,000, 000
B Professional Liabili ANE4781849. 23 6/6/2023 Aggr & Each Claim 1,000, 000 City of South Lake Tahoe are additionally insured as required by contract/written agreement.
City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
NOVIDEV- 01 MVARGAS
Acrisure Partners West Coast Insurance Services, LLC
1950 W Corporate Way # 1
Anaheim, CA 92801
Mayra Vargas
Kinsale Insurance Company
Hiscox Insurance Company Inc.
6/6/2024
X
X
X
X
X
173
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US-BLANKET Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100275816- 0 01/ 26/ 2024 12:01AM at the Named
Insured address shown on the Declarations
Novin Development Corp
Additional Premium: Return Premium:
0 $ 0
Policy Change Number: 2
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE
SECTION IV – CONDITIONS, 8. Transfer of Rights of Recovery against Others to Us is amended by the addition of the following:
We waive any right of recovery we may have against persons or organizations because of payments we make for injury or damage arising out of “your work” done under a written contract with that person or organization wherein you have agreed to provide this waiver.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 174
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100275816- 0 01/ 26/ 2024 12:01AM at the Named
Insured address shown on the Declarations
Novin Development Corp
Additional Premium: Return Premium:
0 $ 0
Policy Change Number: 2
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE
ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE
PRODUCTS POLLUTION LIABILITY COVERAGE
PREMISES ENVIRONMENTAL LIABILITY INSURANCE COVERAGE
ENVIRONMENTAL COMBINED LIABILITY POLICY - ALL COVERAGE PARTS The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 175
Edona Evans
12/3/2024
176
City of South Lake Tahoe
23-PIP-18490