South Lake Tahoe City Council
March 10, 2026

necessary to remedy the condition and/or the actions implemented to abate the problem from continuing, and specify a timetable, subject to the modifications of the Lahontan Water Board, for remedial actions.

In the event that sampling results exceed any applicable NEL, Dischargers shall orally notify the Lahontan Water Board within 24 hours after the NEL exeedance has been identified and electronically submit all storm event sampling results through the SMARTS within five (5) business days after the NEL exceedance has been identified

2. Annual Report
Dischargers must prepare and electronically submit an Annual Report no later than November 30 of each year using the module provided in SMARTS. The report shall cover the period from October 16 of the previous year through October 15 of the current year. The Annual Report must include a summary and evaluation of all sampling and analysis results, original laboratory reports, chain-of-custody forms, corrective actions taken during the compliance year, and identification of any compliance activities or corrective actions that were not implemented.

3. Final Report
Dischargers shall prepare a final report following completion of project construction to demonstrate that the project is completed as planned and water quality impacts have been mitigated. Dischargers shall electronically submit the report through SMARTS. Photos of the site must be included along with a description of how the site was stabilized. The report must also describe as applicable: 1) whether the project was completed as planned in the NOI and/or any modification of the construction plans for the proposed storm water collection treatment, or disposal facilities or restoration work; 2) details of any change in the amount of impervious coverage for the project site beyond what was authorized; and 3) any significant problem(s) which occurred during project construction and remedial measures planned or implemented.

4. Restoration Monitoring and Reporting
Restoration projects are often executed to improve existing water quality conditions; therefore, it is necessary to monitor restoration project effectiveness until it is self-sustaining. Monitoring information can also identify project and/or construction method strengths and weaknesses. This knowledge can provide feedback into the maintenance of the existing system and also be applied to future water quality improvement projects.

This General Permit requires Dischargers to submit a detailed effectiveness monitoring plan as part of the Construction Site Monitoring and Reporting 1150
Attachment I – Fact Sheet

Program (CSMRP) that includes annual performance criteria for the review and acceptance by the Lahontan Water Board staff. A contingency plan must also be submitted for actions to be taken if performance criteria are not met.

Ideally, pre- and post-construction monitoring is required to best evaluate the success of the restoration project. Monitoring should include, but not be limited to, assessments of vegetative cover and water quality and quantity measurements. Where appropriate, monitoring should also include upgradient and down-gradient sampling of water entering a treatment method (sediment can, sand and oil trap).

X. COMPLIANCE DETERMINATION
This General Permit includes the following criteria on how compliance will be determined as discussed below.

A. Compliance with Effluent Limitations
As previously discussed under section IV – Effluent Limitations, the technologybased turbidity NEL in this General Permit is based on the performance of a BMP assuming a certain design storm (defined as the storm producing a rainfall amount). Compliance with the NELs will not be required for storm events that exceed the equivalent rainfall in a 20-year, 1-hour storm (1 inch of rainfall in a 1- hour period). Dischargers are required to provide supporting documentation (i.e., evidence of actually rainfall amount for the area, such as an on-site rain gauge and rainfall data provided by NOAA) to the Lahontan Water Board for any claims that an effluent limit exceedance occurred during a storm event exceeding a 20- year, 1-hour storm.

Additionally, NELs may not apply when run-on conditions are causing an exceedance of an NEL or when discharges do not reach surface waters.

Dischargers must provide data and information to support any claim that the NELs do not apply due to these circumstances.

B. Multiple Sample Data
The NELs in this General Permit are evaluated as a maximum daily effluent limitation (MDEL). Pursuant to NPDES regulations (40 CFR part 122.2), maximum daily discharge limitation means the highest allowable “daily discharge.” Daily discharge means the “discharge or a pollutant” measured during a calendar day or any 24-hour period that reasonable represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of measurement other than mass, the daily discharge is calculated as the average measurement of the pollutant over the day. For purposes of this General Permit, the daily average effluent value is defined as the arithmetic mean of the daily effluent data. When determining compliance when more than one sample result is available due to collection at multiple discharge points 1151
Attachment I – Fact Sheet

and/or multiple times during the calendar day, Dischargers shall compute the arithmetic mean concentration for each day of discharge.

Samples must be representative of the volume and quality of runoff from the site.

Sample collection must not be manipulated in such a way as to skew the maximum daily effluent value. However, Dischargers may indicate the proportional area or flow from the site that each discharge point represents and factor this into the daily average for the entire site when reporting the data.

C. Maximum Daily Effluent Limitation
The NELs in this General Permit are evaluated as a maximum daily effluent limitation (MDEL). If a daily average concentration (or when applicable, the daily median) exceeds the MDEL for a given parameter, Dischargers will be considered out of compliance for that parameter for that one day only within the reporting period.

D. Sampling by Other Parties
Sampling may be conducted by persons other than the Discharger. Lahontan Water Board staff, operators of municipal separate storm sewer systems, or others may analyze storm samples. Samples collected by others may be used with other data to determine MDELs and to conduct compliance determinations, as provided above.

XI. PUBLIC PARTICIPATION
The Lahontan Water Board is considering the issuance of waste discharge requirements (WDRs) that will serve as a National Pollutant Discharge Elimination System (NPDES) permit for discharges of storm water from construction-related activities. This proposed General Permit has been developed for review and comment by the public. As a step in the WDR adoption process, the Lahontan Water Board staff has developed tentative WDRs. The Lahontan Water Board encourages public participation in the WDR adoption process.

A. Notification of Interested Parties
On December 18, 2015, the Lahontan Water Board notified Dischargers, interested agencies, and other interested parties of its intent to prescribe waste discharge requirements for construction-related activities in the Lake Tahoe Hydrologic Unit, and provided them with an opportunity to submit their written comments and recommendations on the draft tentative permit by January 18, 2016. Notification was provided through electronic mailing and posting on the Lahontan Water Board website. Lahontan Water Board staff revised the permit based on comments received on the tentative draft, and on February 8, 2016, the Lahontan Water Board notified Dischargers, interested agencies, and other interested parties that a proposed permit was available for public review.

Notification was provided through electronic mailing and posting on the Lahontan 1152
Attachment I – Fact Sheet

Water Board website. A public notice announcing the availability of the draft General Permit for review and comment was also published in Lake Tahoe area newspapers on February 5, 2016.

B. Written Comments
The staff determinations are proposed. Interested persons are invited to submit written comments concerning these proposed WDRs. Written comments must be submitted electronically to: [email protected] with “CommentsLake Tahoe CGP” in the subject line.

To be fully considered by staff and the Lahontan Water Board, written comments must be received at the Lahontan Water Board within five days of the Public Hearing to consider adopting the updated permit. Comments received after that date will be forwarded on to the Lahontan Water Board.

C. Public Workshop
The Lahontan Water Board conducted a public workshop January 12, 2016, to inform and discuss issues relating to the tentative WDRs with interested parties.

D. Public Hearing
The Lahontan Water Board has scheduled a public meeting to consider adopting the updated permit. The Board meeting is scheduled as follows:

Date: March 9-10, 2016
Time: TBD
Location: 971 Silver Dollar Avenue
South Lake Tahoe
Interested persons are invited to attend. At the public meeting, the Lahontan Water Board will hear testimony, if any, pertinent to the discharge, WDRs, and permit. Oral testimony will be heard; however, for accuracy of the record, important testimony should be in writing.

Please be aware that dates and venues may change. Our Web address is http://www.waterboards.ca.gov/lahontan/ where the public can access the current agenda for changes in dates and locations.

E. Waste Discharge Requirements Petitions
Any aggrieved person may petition the State Water Resources Control Board to review the decision of the Lahontan Water Board regarding the final WDRs. The petition must be submitted within 30 days of the Lahontan Water Board’s action to the following address:
1153
Attachment I – Fact Sheet

State Water Resources Control Board
Office of Chief Counsel
P.O. Box 100, 1001 I Street
Sacramento, CA 95812-0100
E. Information and Copying
The tentative effluent limitations and special provisions, comments received, and other information are on file and may be inspected at the Lahontan Water Board at any time between 8:30 a.m. and 4:45 p.m., Monday through Friday, at 2501 Lake Tahoe Boulevard, South Lake Tahoe, CA 96150. Copying of documents may be arranged through the Lahontan Water Board by calling (530) 542-5400.

F. Register of Interested Persons
Any person interested in being placed on the mailing list for information regarding the WDRs and NPDES permit should contact the Lahontan Water Board, reference this facility, and provide a name, address, and phone number.

G. Additional Information
Requests for additional information or questions regarding this order should be directed to Bud Amorfini, Engineering Geologist, at 530-542-5463 or by email at [email protected].
1154
Attachment I – Fact Sheet

Table 1
Comparison of Lake Tahoe CGP Requirements
with State-wide CGP Requirements
Requirement Description
Eligible Projects State-Wide CGP includes two sets of requirements, one for conventional construction and one for linear
underground/overhead (LUP) projects. The Tahoe CGP has
one set of requirements for both conventional and LUP
projects.

There is no risk level in the Tahoe CGP. All projects are considered the same risk. Additionally, there is no option for an erosivity waiver in the Tahoe CGP.

Discharge Types
Covered
Both the State-Wide and Lake Tahoe CGPs cover storm water and certain authorized non-storm water discharges to surface waters. Except for certain “low threat” discharges, the Lake Tahoe CGP prohibits all non-storm water waste discharges to floodplains and stream environment zones (SEZs). Exemptions may be granted for certain discharges to Stream Environment Zones (SEZs) and 100-year floodplains in accordance with Basin Plan policies presented in Attachment F of the Tahoe CGP.

Permit Registration
Documents (PRDs)
Registration is the same for both permits. Separate module for the Tahoe CGP is established in the SMARTS (Region 6 South Lake Tahoe Permit).

Legally Responsible
Person (LRP)
LRP requirements are the same for both permits.

QSD/QSP
Qualifications
QSD/QSP qualifications and certifications are the same for both permits.

QSD/QSP Training
and Testing
Requirements
QSD/QSP training requirement is geared to the State-Wide CGP. State Board-sponsored training generally does not
address requirements of the Tahoe CGP unless specifically added by the Trainer of Record. QSD/QSP test does not
include elements of the Tahoe CGP.

Numeric Effluent
Limitations (NELs)
Discharge compliance points are the same for both permits.

However, in accordance with the Basin Plan, Tahoe CGP
includes NELs for iron, nitrogen, phosphorus, oil and grease, and turbidity. Samples are required to be sampled for turbidity using portable field meters. Other constituents must be sampled in accordance with non-visible pollutant sampling requirements.

The NEL for turbidity is 20 NTU and there is no numeric action level (NAL) compared with the State-Wide CGP. A daily
average turbidity level must be determined in the same manner as that required in the State Board CGP. A benchmark or action level for pH is set at 6.0 to 9.0.
1155
Attachment I – Fact Sheet

Compliance Storm
Event
The compliance storm event for the Tahoe CGP is different than that set in the State-Wide CGP. Compliance with NELs is not required for pollutant concentrations that result from a 20- year, 1-hour storm event (1 inch of rain in a 1-hour period) or greater. This is geared toward the occurrence of summer thunderstorms, which can cause significant erosion in a short time frame during the active construction season. Supporting data including the time of sampling and the rain fall record from an on-site rain gauge or other nearby governmental agency is required for any claim of relief from the NELs.

Best Management
Practices (BMPs)
The BMP requirements are essentially the same for both
permits. The permit requires dischargers to implement
appropriate BMPs from each of the following categories: 1) site management measures; 2) sediment and erosion controls; 3) dewatering controls (if applicable); 4) inspection, maintenance and repair, and 5) post-construction/LID measures. For the Tahoe CGP, land disturbing activities must cease by October 15 of each year, unless granted a variance. All projects must be winterized to prevent erosion during the period of October 16 through April 30 of the following year.

For non-municipal projects, dischargers must demonstrate that post-construction controls will either infiltrate the 20-year, onehour storm, meet numeric effluent limits in the Basin Plan, or be in compliance with municipal load reduction goals. Municipal construction projects must meet load reduction requirements set in the respective municipal NPDES permits in accordance with the Lake Tahoe TMDL.

Storm Water
Pollution Prevention
Plan (SWPPP)
SWPPP requirements are the same for both permits. A
suggested outline for developing a SWPPP is provided in the Tahoe CGP.

Rain Event Action
Plan (REAP)
The REAP trigger for the Tahoe CGP is a 30 percent chance of

0.1 inch of precipitation or more compared with a 50 percent chance in the State Board CGP. Additionally the REAP must be prepared at least 24 hours prior to predicted rain rather than 48 hours in the State Board CGP. The requirements are
geared more toward thunderstorm activity in the Tahoe Basin.

Construction Site
Monitoring and
Reporting Program
(CSMRP)
Monitoring requirements in the Tahoe CGP include daily
inspections rather than weekly in the State Board CGP. Nonstorm water discharge inspections are included in the daily routine; therefore, there are no non-storm water–specific inspections. During the winter inactive period (October 16 through April 30), monthly inspections are required. Pre-rain storm, post rain storm, and during rain storm (for extended events) are also required. Snow events do not trigger visual inspections.
1156
Attachment I – Fact Sheet

The Tahoe CGP does not include a qualifying storm event.

Sampling is required whenever there is a discharge off the project boundaries. Otherwise, the scheme is the same (i.e., all discharge points must be sampled and a minimum of three samples must be collected per day). Sample analyses
(turbidity and non-visibles) are the same for both permits.

There is no receiving water sampling requirement in the Tahoe CGP unless specifically set for an individual site (typically for environmental restoration projects).

Reporting The Tahoe CGP requires an annual report to be submitted by November 30 each year for the period of October 16 through October 15 the following year.

The requirements include: 1) 24-hour reporting of an adverse condition resulting from a discharge (e.g., oil spill, unauthorized non-storm water discharge to surface waters, breach of
perimeter controls, NEL violation); 2) reporting through SMARTS of all field data within 5 days (laboratory analyses within 5 days of receipt of the results; 3) annual reporting; and 4) final reporting upon project completion for NOT requests.

Other Potential
Requirements
Biosassessment - Requirements are the same for both
permits. Index period in Tahoe is July 1 through August 15.

ATS – Requirements are the same for both permits, except the compliance storm event is the 20-year, 1-hour storm for the Tahoe CGP.

Stream Environment Zones (SEZs)/Floodplains – The
Lahontan Basin Plan contains certain prohibitions on waste discharges to SEZs and floodplains. Dischargers must identify whether their project includes non-storm water waste
discharges or land disturbance to SEZs and/or floodplains in their NOI. Limited exemptions to the prohibitions may be applicable as detailed in Attachment F to the Tahoe CGP. 1157
Attachment I – Fact Sheet

Table 2
Key Changes to Lake Tahoe Construction General Permit
Item Description
Over winter
sampling
Eliminated the over winter requirement to sample two rain events. Focus is on completing visual monitoring and BMP maintenance.

Sampling outside of
active work days
Eliminated the requirement to collect samples outside of active working/business days (e.g., holidays, weekends). The
requirement to visually inspect during daylight hours on any day is still included. Visual monitoring is more effective to respond to any problems. The sampling requirement during this time diverts limited resources away from ensuring the BMPs are properly functioning.

Basin Plan
Prohibitions
Updated Basin Plan prohibitions and exemptions in the CGP and Attachment F. Basin Plan amendments were approved in 2014.

QSP management
plan
Added language to require a written Qualified Storm Water Practitioner (QSP) management plan to achieve better onsite management by the QSP – can’t operate remotely without a communication plan that ensures active QSP oversight.

Training
documentation
Strengthened language to require documentation of weekly training of site personnel.

Receiving water
sampling
requirements
Added language to clarify when receiving water sampling is required. No change to existing requirements except to clarify language that some stakeholders found unclear.

Notice of
Termination
Updated the Notice of Termination (NOT) requirements to be consistent with the options included in SMARTS. This reconciles the NOT requirements with what is provided in SMARTS.

Use of nonphoto/biodegradable
materials
Added language to prohibit use of non-photo/biodegradable materials (such as plastic netting) in permanent Best
Management Practices (BMPs).
1158
Attachment I – Fact Sheet

Table 3
Qualified SWPPP Developer/ Qualified SWPPP Practitioner Certification Criteria Certification/ Title Registered By QSD/QSP Certification Criteria Professional Civil
Engineer California
Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites
Professional Geologist or
Engineering Geologist California
Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites
Landscape Architect California
Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites
Professional Hydrologist American Institute
of Hydrology
Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites
Certified Professional in
Erosion and Sediment
Control™ (CPESC)
Enviro Cert
International Inc.

Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites

5. Continuing Education
Certified Inspector of
Sediment and Erosion
ControlTM (CISEC)
Certified Inspector
of Sediment and
Erosion Control,
Inc. QSP

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites

5. Continuing Education
Certified Erosion,
Sediment and Storm
Water Inspector™
(CESSWI)
Enviro Cert
International Inc.

QSP

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites

5. Continuing Education
Certified Professional in
Storm Water Quality™
(CPSWQ)
Enviro Cert
International Inc.

Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites

5. Continuing Education
Professional in Erosion
and Sediment Control
National Institute for
Certification in
Engineering
Technologies
(NICET)
Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites
1159
Bijou Park Connector Trail 344 March 2025
Appendix O: Spill Response Plan
1160

SPILL RESPONSE & PREVENTION PLAN
Bijou Park Connector Trail
South Lake Tahoe, CA
May 2025
Prepared for:

City of South Lake Tahoe
1901 Airport Rd,
South Lake Tahoe, CA 96150
ESE Project No. 21240
Prepared by:
1161

BIJOU PARK CONNECTOR TRAIL

SPILL RESPONSE & PREVENTION PLAN
PAGE 1 OF 7

1. PROJECT CONTACTS

AGENCY OR

ORGANIZATION

CONTACT
PERSON

TELEPHONE EMAIL
Eastern Sierra
Engineering
Jennifer G. Roman,

PE (QSD/QSP)
(775) 291-6337 [email protected]
City of South Lake
Tahoe Public Works
Anush Nejad, PE
(LRP)
(530) 542-6031 [email protected]
City of South Lake
Tahoe
John Dickinson
(QSP Delegate)
(530) 307-2652 [email protected]
Contractor (TBD)
El Dorado County
Environmental
Management
Department
Karen Bender (530) 573-3453 [email protected]
Water Quality Control
Board, Lahontan
Region
Jim Carolan (530) 542-5477 [email protected]

2. INTRODUCTION
a. Purpose
The purpose of this Spill Response & Prevention Plan is to outline measures and guidelines to prevent spills and minimize their environmental impact during construction activities related to the Bijou Park Connector Trail. This plan has been developed as part of the Stormwater Pollution Prevention Plan (SWPPP) for compliance with the Tahoe Construction General Permit, specifically the following:
“13. Develop a spill response plan prior to commencement of construction activities.

The plan shall include:
a. Descriptions of equipment and materials required to be on site for cleanup of spills/leaks; and
b. Descriptions of appropriate spill response procedures, the responsible personnel, and the training records of such personnel. Include provisions to respond to potentially large spills that are beyond the capacity of the contractor to respond.”
Overall, the plan provides guidance on proper practices to prevent and respond to spills appropriately and includes information on field personnel. Pollutants that could come in contact with surface waters or the City of South Lake Tahoe storm drain system during project activities include hydrocarbons from equipment fuel or hydraulic fluid leaks, sediment, sawcutting slurry, pavement grindings, paints and solvents, concrete washouts, and exposure of various materials when no longer protected by cover or when piled into temporary stockpiles exposed to wind and rain.

This document is intended to be an overview of protocols to prevent and respond to potential spills on the project site. It is not intended to supersede any or all sub-contractor obligations to comply with all applicable laws, all reasonable directions and orders given by the City of South Lake Tahoe or regulatory agencies. This document’s requirements supplement the guidance described in the SWPPP. 1162

BIJOU PARK CONNECTOR TRAIL

SPILL RESPONSE & PREVENTION PLAN
PAGE 2 OF 7

b. Project Description
The project is within the Bijou Community Park, located on Al Tahoe Boulevard in the City of South Lake Tahoe. The project is in Sections 02 and 03, Township 12 North, Range 18 East Mount Diablo Meridian. The site is relatively flat and is at an approximate elevation of 6,270 feet above Mean Sea Level. The work will be conducted in Land Capability District 7 and there are no floodplains or stream environment zones in the area of work. Anticipated groundwater depth exceeds 80 inches per Web Soil Survey.

At completion the project will include 2,546 feet (0.48 miles) of trail with a paved width of 10’. The completed path will encompass approximately 1.05 acres, including ramps and daylighting. Additional project disturbance results from installation of a double-barrel sediment trap immediately downstream of an existing drop inlet located on Al Tahoe Boulevard.

Site-disturbing activities are expected to occur between July 1, 2025 and October 15, 2025; however this plan shall be implemented from mobilization to demobilization.

3. SPILL PREVENTION
This portion of the plan is intended to explain the steps that should be taken in order to prevent spills and minimize their environmental impacts on the project site during active construction. a. Training
When the construction contract is awarded, the SWPPP will be updated to include the training records for the contractor’s personnel. Prior to construction, the Qualified SWPPP Practitioner (QSP) will train the Contractor and crew on all relevant spill control measures and what to do in the event of a spill to keep any pollutants from entering surface waters or City storm drain inlets. During active construction, the QSP will provide weekly training for the contractor and crew. b. Spill Response Equipment and Material
The construction contractor will supply spill kits and materials that can be stored and readily deployed from staging areas. In addition, the contractor will be required to have a number of mobile spill kits for use in any fueling operations. Each construction crew will have sufficient supplies of absorbent and barrier materials on hand to allow the rapid containment and recovery of any spills.

Equipment and materials will include but not be limited to:
 55-gallon drums or similar approved disposal container with proper signage;  Absorbent pads;
 Plastic sheeting;
 Nitrile gloves;
 Safety goggles;
 Shovels and pertinent soil removal equipment will be staged next to spill kits along with fire extinguishing equipment.
 20-gallon portable preventative spill kit for each refueling truck, kits will include:
o White, oil-only Sonic Bonded Pads
o White, oil-only socks (3”X48”)
o White, oil-only pillows
o Nitrile gloves
o Disposal bags, and
o 20-gallon overpack
1163

BIJOU PARK CONNECTOR TRAIL

SPILL RESPONSE & PREVENTION PLAN
PAGE 3 OF 7

c. Spill Prevention Measures
 Equipment refueling is to be conducted at least 50 feet away from any drain inlets. Crew vehicles will be fueled offsite.
 Any five-gallon fuel container or similar will be kept in secondary containment, even when placed in the back of a truck.
 Regularly inspect and maintain all construction equipment to prevent leaks and malfunctions. If any leaks are detected remove the equipment from service and place a drip pan underneath until repairs can be made.
 Store and handle hazardous materials according to best practices and regulations.  Limit fuel storage
d. Sediment and Erosion Control
 Implement erosion control measures as shown on the plans, and as described in the SWPPP.  Monitor weather forecasts and schedule construction activities to avoid working during heavy rain events or periods of high winds.
e. Waste Management
 Establish designated areas for waste storage, recycling, and disposal, away from drain inlets.  Properly manage construction debris and waste materials to prevent accidental spills.  Keep construction debris piles to the minimum necessary so they can be easily off-hauled for proper disposal or fully covered with adequate perimeter control prior to any qualifying storm events.
f. Spill Response Plan Implementation and Preparation
 Contractor to provide a detailed spill response plan prior to construction that includes procedures for containing, cleaning, and reporting spills.
 Contractor to ensure all personnel are aware of the spill response plan and their roles during a incident.
 Contractor to keep adequate spill response equipment readily available on-site, such as absorbent materials, spill kits, and spill socks.
g. Monitoring and Reporting
 Contractor to visually monitor the site and equipment on a regular basis to detect any signs of equipment leaks or other potential pollutant discharges and if observed immediately address those issues.
 Immediately report any large spills or environmental incidents to the Lahontan Regional Water Quality Control Board, and appropriate authorities as required by local regulations. h. Compliance and Inspection
 Conduct regular inspections to verify compliance with the spill prevention plan.  Address any non-compliance issues promptly and implement corrective actions. i. Record Keeping
Maintain detailed records of spill prevention training, inspections, spill response actions, and any other relevant documentation for future reference and accountability.

4. SPILL RESPONSE PROCEDURES
The following summarizes actions that are to be taken in the event of a discharge of oil product. Actions are dependent upon the location and size of the discharge. Uncontrolled discharges of oil to groundwater, 1164

BIJOU PARK CONNECTOR TRAIL

SPILL RESPONSE & PREVENTION PLAN
PAGE 4 OF 7

surface water, or soil is prohibited by State and Federal laws. Immediate action must be taken to control, contain, and recover any discharged oil product.

In general, the following steps are to be taken:
 First, personnel will assess the situation to determine potential safety concerns and hazards posed to personnel and the environment. The size (minor or major) of the discharge shall be taken into consideration, then the procedure for minor or major discharge steps should be taken.  If possible and safe to do so, shut off and/or extinguish all ignition sources, including motors, electrical circuits, cigarettes, and open flames.
 Determine the source of the spill/discharge, and if safe to do so, immediately shut off the source of the spill/discharge, i.e., closing valves, emergency shut-off switch, power disconnect, applying leak stopping compound for pinhole leaks, deactivating pumps, and diverting flow to a pathway that is more contained.
 Material spilled and quantities will be identified to the degree possible.  If safe to do so, use onsite spill response kits to prevent the spilled material from spreading. This can be done through personnel soaking up spilled fluids with absorbent pads or granules.  Contaminated vegetation and soil can be excavated from the site, and along with soiled clean-up material, temporarily stored on plastic sheets or in appropriate drums with proper labeling until it can be removed for proper disposal. All contaminated materials will be removed and placed in a container designed to hold and transport the material. Label bin appropriately.  Contact the Owner/Superintendent.
 Contact appropriate regulatory authorities (see Table 1, Notification List of Appropriate Agencies).
 Collect and dispose of recovered products according to State and Federal regulations. a. Minor Discharge
Minor discharges which can usually be cleaned up by construction crew are described here:
 The quantity of product discharged is small (less than or equal to 10 gallons of oil product);  Discharged material is easily stopped and controlled at the time of the discharge;  Discharge is localized near the source;
 Discharged material is not likely to reach water;
 There is little risk to human health or safety; and
 There is little risk of fire or explosion.

The following steps are to be taken:
 Immediately notify the Owner/Superintendent.
 Under the direction of the Owner/Superintendent contain the discharge by placing absorbent material or other barriers in the path of the discharge.  Place captured oil product/discharge debris in properly labeled and secure waste containers.  If the discharge involves more than 10 gallons of oil or reaches surface water, the Owner/Superintendent will call El Dorado County Environmental Management Department at (530) 573-3450.
b. Major Discharge
For major discharges defined as one that cannot be safely controlled or cleaned up by facility personnel, such as when:
 The discharge is large enough to spread beyond the immediate discharge area;  The discharged material enters water;
1165

BIJOU PARK CONNECTOR TRAIL

SPILL RESPONSE & PREVENTION PLAN
PAGE 5 OF 7

 The discharge requires special equipment or training to clean up;  The discharged material poses a hazard to human health, safety, or the environment; or  There is a danger of fire or explosion.

The following steps are to be taken:
 All facility personnel/onsite workers must immediately evacuate the discharge site, call emergency response (911) and move to designated staging areas at a safe distance from the discharge. Emergency response staging areas will be determined by emergency response personnel.
 Facility personnel/onsite workers must immediately contact the Owner/Superintendent, who will obtain assistance from authorized contractors, listed in Table 1 and direct the response and cleanup activities.
 The Owner/Superintendent must call for medical assistance if facility personnel/onsite workers are injured.
 The Owner/Superintendent must immediately contact the appropriate agencies. c. Disposal of Recovered Material
The following describes the methods to be followed when disposing of any recovered materials under a large spill event.

Once the spill is contained, the cleanup contractors or authorized facility personnel will collect the spilled material and any materials used to contain or absorb the discharge and place the materials into secure and appropriately labeled containers. The area or surface that came in contact with the spilled material shall be decontaminated and cleaned up by an appropriate method that is permissible under local, State, and Federal laws. The specific methods used will depend upon the substance, applicable regulatory standards for the specific type of spilled materials, and other factors. All spilled material and debris will be managed in a manner that fully complies with applicable local, State, and Federal laws regarding recycling and disposal of hazardous wastes.

Qualified and licensed environmental response contractors, including but not limited to, Safety Kleen and Ramos Environmental, listed in Table 1 will handle the disposal of any recovered product, contaminated soil, contaminated materials and equipment, decontamination solutions, and absorbent materials collected during a response to a discharge incident, according to regulatory requirements. All such materials shall be handled and disposed of under standard California chain of custody regulations and procedures. d. Reporting a Discharge
If there is a discharge, refer to the following section on the protocol and who to contact. i. NRC Notification Procedure
Any size discharge (i.e., one that produces an oily sheen, emulsion, or sludge) that affects or threatens to affect navigable waters or adjoining shorelines must be reported immediately to the National Response Center (NRC) at 1 (800) 424-8802. The NRC is staffed 24 hours a day. The following information must be provided:
 The exact address and phone number of the facility
 The date and time of discharge
 The type of material discharged
 An estimate of the total quantity discharged
 An estimate of the quantity discharged to navigable waters  The source of the discharge
 A description of all affected media
1166

BIJOU PARK CONNECTOR TRAIL

SPILL RESPONSE & PREVENTION PLAN
PAGE 6 OF 7

 The cause of the discharge
 Any damages or injuries caused by the discharge
 Actions being taken to stop, remove, and mitigate the effects of the discharge  Whether an evacuation is needed as a result of the discharge  Names of individuals and/or organizations who have also been contacted ii. Agency Notification
Immediate reporting to the California Emergency Management Agency (CEMA) is also required when there are releases or threatened releases posing a significant present or potential hazard to human health and safety, property, or the environment under HSC §25507(a) and Title 19 California Code of Regulations [19CCR] §2703. In addition, HSC 25270.8 requires reporting of releases from a tank facility of greater than 42 gallons of petroleum into state waters or where they may pass into state waters. For these regulations, the releases much be immediately reported to the CEMA, and if necessary 911. For more information refer to the California Hazardous Materials Spill/Release Notification Guidance booklet (June 2009) available on the CEMA website at http://www.calema.ca.gov under the Response Tab – Hazardous Materials. iii. Spill Reporting Requirements (Within 60 Days)
In addition to the immediate reporting above, 40 CFR 112.4 requires that information be provided to the US EPA Regional Administrator (RA), the California Emergency Management Agency and the Lahontan Regional Water Quality Control Board and any other agency in charge of oil pollution control activities within 60 days of the following discharge events:
1) A single discharge of more than 1,000 US gallons of oil to navigable waters or adjoining shorelines; or
2) Two discharges to navigable waters or adjoining shorelines each more than 42 US gallons of oil occurring within any twelve-month period.

The following information must be submitted to the RA:
1) Name of facility;
2) Name of person reporting;
3) Facility location;
4) Maximum storage or handling capacity of the facility and normal daily throughout; 5) Corrective action and countermeasures you have taken, including a description of equipment repairs and replacements;
6) An adequate description of the facility, including maps, flow diagrams, and topographical maps, as necessary;
7) The cause of the reportable discharge, including a failure analysis of the system or subsystem in which the failure occurred;
8) Additional preventative measures you have taken or contemplated to minimize the possibility of recurrence; and
9) Such other information as the Regional Administrator may reasonably require pertinent to the Plan or discharge.

5. EMERGENCY CONTACT LIST
If the spill cannot be safely and effectively controlled by facility personnel, then the owner/superintendent will notify outside contractors and agencies listed in the table below. The following table provides the contacts of the responsible personnel as well as their training records.

1167

BIJOU PARK CONNECTOR TRAIL

SPILL RESPONSE & PREVENTION PLAN
PAGE 7 OF 7

Table 1. Emergency Contacts

CONTACT ORGANIZATION/PERSON CONTACT INFORMATION
Emergency and/or Spill Response
Emergency Response (Fire, Ambulance, Police) 911
South Lake Tahoe Fire Department (530) 542-6160
South Lake Tahoe Police Department (530) 542-6100
Barton Hospital (530) 541-3420
National Response Center (NRC) (800) 424-8802
(202) 267-2180
(202) 267-1322 Fax
http://www.nrc.uscg.mil
c/o United States Coast Guard (G-RPF) - Room
2611-B
2100 2nd Street, SW
Washington, D.C 20593-0001
California Emergency Management Agency
State Warning Center
(800) 852-7550
Cleanup Contractors Ramos Environmental
1515 S River Rd
West Sacramento, CA 95691-9312
Phone: (916) 317-5747
Safety Kleen
1200 Marietta Way, Sparks NV 89431
Phone: (775) 331-4477
Petroleum Waste Disposal Contractor Reno Drain Oil Service 11970 Interstate 80 East
Sparks, NV 89434
Phone (775) 342-0351
Regulatory/Oversight Agencies
El Dorado County Environmental Management
Department
(530) 573-3450
3368 Lake Tahoe Blvd., Suite 303
South Lake Tahoe, CA 96150
City of South Lake Tahoe, Public
Works/Engineering
(530) 542-6030
1052 Tata Lane
South Lake Tahoe, CA 96150
California Regional Water Quality Control
Board, Lahontan Region
(530) 542-6030
2501 Lake Tahoe Blvd.

South Lake Tahoe, CA 96150
US E.P.A. Region 9 US E.P.A. Region 9
Main Number: (800) 231-3075
75 Hawthorne Street (SFD9-2)
San Francisco, CA 94105
1168
City of South Lake Tahoe –
PSA Amendment No. 3 (C-XXX-XXXX) to C-094-2021
AMENDMENT 3 (C-XXX-2026) TO PROFESSIONAL SERVICES

AGREEMENT
The Professional Services Agreement entered into on August 3, 2021, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Eastern Sierra Engineering, Inc (“CONSULTANT”) is hereby amended as set forth below.

The terms of the Professional Services Agreement (C-094-2021) are hereby amended to read as follows:

The following language is hereby added to the end of Section 1: Scope of Services.

Project, as described in Amendment 3 – Exhibit A, which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place and in the manner specified in Amendment 3 – Exhibit A subject to the direction of the City. Consult shall have no power or authority by this Agreement to bind City in any respect.

Section 2 is hereby repealed in its entirety and replaced with the following language:

Section 2. Term/Time of Performance. The services by Consultant are to commence upon the execution of this Agreement and shall continue until all authorized work is approved by City. All such work shall be completed not later than December 31st, 2026.

Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by December 31st, 2026 shall constitute a material breach of this Agreement as amended.

Section 3 is hereby repealed in its entirety and replaced with the following language:

Section 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Amendment 3 – Exhibit A, which is attached hereto and incorporated herein by reference. Pursuant to this amendment, the Task 12 (Construction Assistance) will increase in budget by $12,700, bring the total task value to $32,170. An additional amount of $12,700.00 is authorized under this amendment. In no event shall Consultant compensation for work performed under this Agreement exceed the total contract amount of $415,493.00 (as amended by Amendment 1) plus the additional fee of $12,700.00 (Amendment 3), for a total amended fee of $428,193.00, without prior authorization from the City. Payment by the City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the 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.
1169
City of South Lake Tahoe –
PSA Amendment No. 3 (C-XXX-XXXX) to C-094-2021
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________________ Cody Bass, Mayor Shawn Jenkins, President

Business License # 009340

APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk 1170
Reno  Zephyr Cove  Bishop
main: 775.588.7178
fax: 775.588.1726
P.O. Box 1819
Zephyr Cove, NV 89448
www.esengr.com
February 20, 2026
Steve Anderjack
Project Manager
City of South Lake Tahoe Public Works
1740 D Street
South Lake Tahoe, CA 96150
Subject: Amendment No. 3 for Bijou Park Class 1 BikeTrail, Contract No. C-094-2021 Dear Steve:

Civil Solutions Associates, dba Eastern Sierra Engineering (ESE), is pleased to present this request for Amendment No. 3 to the above-referenced contract.

The purpose of this amendment is to increase the amount of Task 12, Construction Assistance, by $12,700. This accounts for the amount previously invoiced for services performed for the originally-awarded construction contract and the annual rate increases. Our scope of services for the task remains unchaged, and consists of providing part-time assistance to the City during construciton, including responding to Requests for Information, providing consultation and interpretation of the contract documents, assisance in preparing change orders, and reviewing submittals and shop drawings.

If you have any questions or comments or if you require additional information, please don’t hesitate to contact me at (775) 291-6337 or at [email protected] Sincerely,

EASTERN SIERRA ENGINEERING, A CIVIL SOLUTIONS COMPANY
Jennifer G. Roman, PE, California PE 54137
Principal Engineer
JGR/
P:\2021\21240 - Bijou Park Bike Path\CONTRACT\21240 Amendment 3.docx 1171
City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, Interim City Manager
__________________________________
Meeting Date: March 10, 2026
Agenda Item #:13
Agenda Item: Ordinance Amending Vacation Home Rental (VHR) Regulations to Remove 150-Foot Buffer, Establish a Cap of 900 VHRs in Residential Areas, and Make Other Changes (First Reading) Executive Summary: On June 17, 2025, City Council adopted Ordinance No. 2025-1200, amending the Vacation Home Rental ("VHR") provisions of the South Lake Tahoe City Code. In conjunction with adopting that ordinance, City Council requested that staff bring back a report on September 9 to get an update on the permitting process and discuss potential further amendments. At that time, City Council passed a motion by a vote of 4-1 (Councilmember Robbins no), directing staff to bring back two versions of an ordinance amending Ordinance No 2025-1200. On October 21, 2025, City Council considered both versions of the ordinance amendments but ultimately were unable to pass a motion to make any changes. Council directed staff to bring back the item once a fifth councilmember was appointed to fill the remainder of former Mayor Wallace's term, which has now occurred. On February 10, 2026, City Council again considered both versions of the ordinance, and passed a motion by a vote of 3-2 (Mayor Bass and Councilmember Robbins no) to bring back the first version for a first reading, removing the 150-foot buffer and replacing it with a cap of 900 VHR permits in residential areas. If City Council holds a first reading, the second reading and adoption will be set for the meeting on March 24, and if adopted, the ordinance would become effective 30 days later.

Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of an Ordinance Amending Article V (Vacation Home Rentals) of Chapter 3.50 (Transient Lodging) and Table

2.35.070 (Appealable Actions and Matters) of the South Lake Tahoe City Code, and refer second reading and adoption to March 24, 2026.

Responsible Staff Member: Heather Stroud, City Attorney Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01 - Staff Report VHR Ordinance Amendments 1st Reading.docx 02 - Ordinance - VHR Amendments First Reading.docx
03 - VHR Ordinance Redline.pdf
04 - Appeal Hearings 2.35 Redline.pdf
05 - CC Notice Mar 10_Feb 27 publication.docx
1172
Council Agenda Report- March 10, 2026 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: March 10, 2026
Title: Ordinance Amending Vacation Home Rental Regulations (First Reading) Location: Citywide
Responsible Staff Member: Heather Stroud, City Attorney (530) 542-6046 Background: On June 17, 2025, City Council adopted Ordinance No. 2025-1200, amending the Vacation Home Rental (“VHR”) provisions of the South Lake Tahoe City Code, by a vote of 4-1 (Robbins no). The 2025 Ordinance made the changes to the City’s VHR regulations including the following:
 Established a 150-foot buffer between VHR properties outside the Tourist Core Area Plan, except for condominiums. (§ 3.50.380(F))
 Prohibited VHRs in “multifamily dwellings,” but allowed VHRs in attached condominiums for applicants who had a permit as of September 1, 2016. (§ 3.50.380(D)(2))  Excluded timeshares from VHR regulation. (§ 3.50.370)  Required VHR owners outside Tourist Core Area Plan to use local property manager to check in guests and go over the rules, ensure compliance with operating conditions, receive real-time indoor sound monitoring and outdoor video monitoring to head off nuisance issues, and respond to complaints in person 24/7. (§§ 3.50.070;

3.50.390(B)(1)(b), 3.50.440)
 Changed occupancy limits outside Tourist Core Area Plan to 2 per bedroom, with up to five children aged 13 and under not counting towards the occupancy limit. (§ 3.50.440(A)(1))  Required defensible space inspection prior to permit issuance, for properties outside Tourist Core Area Plan. (§§ 3.50.390(A)(7)(b); 3.50.410(B)(2))  Required all VHR properties to be operated, maintained, and managed in compliance with conditions of operation irrespective of whether they are being used as a VHR at a given time. (§ 3.50.440).
 Clarified that appeals of VHR permit denials and revocations appealed to the Planning Commission are final and not subject to further appeal to City Council. (§ 3.50.430)  Authorized permitting preference for prior VHR and Qualified VHR permit holders in good standing. (§ 3.50.390(A)(1))
In conjunction with adopting the 2025 Ordinance, City Council requested that staff bring back a report on September 9, 2025, to get an update on the permitting process and discuss potential further amendments. On that date, City Council passed a motion by a vote of 4-1 (Councilmember Robbins no), directing staff to bring back two versions of an ordinance amending Ordinance No. 2025-1200, both of which removed the 150-foot buffer and replaced it with a cap of 1200 VHRs in 1173
Council Agenda Report- March 10, 2026 Page 2 of 3
residential areas, but with Option 2 additionally prohibiting VHRs from being adjacent to each other.

On October 21, 2025, City Council considered both versions but there was no successful vote to make any changes at that time, so Council directed staff to bring this item back once a councilmember had been appointed to fill the remainder of former Mayor Wallace’s term.

On February 10, 2026, City Council again considered both versions and passed a motion to move forward with Option 1 with a modification to lower the cap from 1200 to 900 VHRs within residential areas (3-2, Mayor Bass and Councilmember Robbins no).

Issue and Discussion: As directed by Council on February 10, staff has prepared a draft ordinance amending Ordinance No. 2025-1200 for City Council consideration and a first reading.

The draft ordinance includes the following changes to Ordinance No. 2025-1200:
 150-foot buffer is removed and replaced with a cap of no more than 900 VHR permits in residential areas;
 To complement the cap, a waitlist is established when the cap is reached;  A minimum age of 25 is established to rent a VHR;
 Attached condominiums are allowed to get VHR permits unless the applicable homeowners association rules prohibit VHRs;
 Requires advertising platforms to include “family friendly” language for VHRs in residential areas;
 Appeals of permit denials go to an independent hearing officer instead of the Planning Commission;
 Commercial and recreational areas are regulated with rules applicable to the Tourist Core Area Plan;
 Room night reporting is required;
 The prohibition on permit transfers is clarified to match existing practice, where a permit may be transferred into a family trust in which an owner is a trustee for estate planning purposes; and
 The preferred application period provision has been deleted as that period has closed.

Environmental Considerations: This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that they may have a significant effect on the environment, and under CEQA Guidelines section 15308 because it is amending a regulatory process to protect the environment.

Financial Implications: Financial implications are uncertain. This Ordinance would result in the maximum number of VHRs being 900 within residential areas, which could be more or less than would have resulted under Ordinance No. 2025-1200. Under Ordinance No. 2025-1200, which included a 150-foot buffer, the maximum number of VHRs outside the Tourist Core was estimated to be 1,100 but likely would have ended up being lower depending on the distribution of VHRs throughout the city.

Policy Implications: VHR regulation involves competing policy implications. Limiting, restricting, regulating, and enforcing the rules regarding VHRs protects against nuisance issues such as noise, trash, overcrowding, parking violations, and degradation of neighborhood 1174
Council Agenda Report- March 10, 2026 Page 3 of 3
character, while allowing the operation of VHRs can have positive economic benefits for the City, local businesses, and community.
1175
Ordinance 2026-XXX March 10, 2026 Page 1 of 17
Ordinance 2026-XXX
Adopted by the City of South Lake Tahoe
City Council
March 24, 2026
An Ordinance Amending Article V (Vacation Home Rentals) of Chapter 3.50 (Transient Lodging) and Table 2.35.070 (Appealable Actions and Matters) of the South Lake Tahoe City Code to Modify the Regulation of Vacation Home Rentals

FINDINGS
A. Pursuant to Article XI, Section 7 of the California Constitution, the City may make and enforce all regulations and ordinances using its police powers.

B. The City has regulated Vacation Home Rentals (“VHRs”), currently defined as the rental of an entire dwelling unit for less than 30 days, since the adoption of Ordinance No. 928 on January 21, 2003.

C. Between 2015-2018, the City Council held more than 17 public meetings with dozens of hours of public comment at which the City Council deliberated regulations related to, nuisances created by, and the benefits and costs of VHRs within the City. At those public meetings, the City Council, staff, and community members expressed concern about excessive noise, disorderly conduct, vandalism, overcrowding, traffic, congestion, illegal parking, and accumulation of trash and refuse at or around VHRs located outside the Tourist Core. During that time, the City expended resources in responding to numerous citizen complaints pertaining to VHRs, which required rapid response from police, fire, paramedic, and other City personnel.

D. Measure T was a citizens initiative that passed in the election of November 6, 2018. Beginning after a phase-out period, Measure T prohibited VHRs in certain areas of the City where they had previously been permitted, including residentially-zoned areas, multifamily dwellings, and areas added to the Tourist Core after 2017.

E. Soon after Measure T passed, an organization called South Lake Tahoe Property Owners Group filed a lawsuit challenging Measure T on various grounds, El Dorado County Superior Court Case No. SC20180243. In February 2021, Measure T was upheld in its entirety by the El Dorado County Superior Court, and Plaintiff filed an appeal. The court of appeal affirmed the superior court’s judgment upholding Measure T, except that it remanded the case for the trial court to consider whether the “permanent resident” exception in the Qualified VHR provisions of Measure T violates the dormant Commerce Clause of the U.S. Constitution. At no time during the lawsuit was an injunction in place prohibiting the implementation of Measure T’s 1176
Ordinance 2026-XXX March 10, 2026 Page 2 of 17
prohibition on VHRs in certain areas of the City including residentially-zoned areas, multifamily dwellings, and areas added to the Tourist Core after 2017, such that VHRs in these areas were phased out by the end of 2021 as required by Measure T.

F. On March 13, 2025, the El Dorado County Superior Court issued a ruling finding that the Qualified VHR provisions are unconstitutional because they impermissibly discriminate against interstate commerce, and that these provisions are not severable from the remainder of Measure T, requiring that Measure T be struck down in its entirety.

G. On April 1, 2025, the City Council unanimously adopted Ordinance No. 2025-1193, establishing a temporary, forty-five (45) day moratorium on the issuance of Vacation Home Rental permits for Vacation Home Rentals in areas where such permits were prohibited by Measure T, pursuant to California Government Code section 65858(a). On May 6, 2025, City Council adopted urgency ordinance (Ordinance No. 2025-1196) by a four-fifths vote (with Councilmember Jinkens voting no) to extend the temporary moratorium through June 19, 2025.

H. On April 22, 2025, the City Council received a staff report and passed a motion by a vote of 3- 2 (Mayor Pro Tem Bass and Councilmember Robbins voting no) to make certain amendments to the pre-Measure T VHR regulations that were in place as of November 2018.

I. On May 6, 2025, City Council passed a motion by a vote of 4-1 (Councilmember Robbins voting no) to make further amendments to the proposed ordinance and bring back that ordinance for a first reading on June 3, 2025.

J. On June 3, 2025, City Council passed a motion to hold a first reading (by title only) by a vote of 3-2 (Councilmembers Jinkens and Robbins no), and on June 17, 2025, City Council voted to pass the ordinance by a vote of 4-1 (Councilmember Robbins no), and directed staff to bring back an update to the City Council meeting on September 9, 2025, to discuss potential further amendments to that ordinance.

K. On September 9, 2025, City Council passed a motion by a vote of 4-1 (Councilmember Robbins no) to bring back two versions of this Ordinance for consideration including Version 1, in which: the 150-foot buffer is replaced with a cap of no more than 1,200 VHR permits in residential areas, a minimum age of 25 is established to rent a VHR, attached condominiums are allowed to get VHR permits unless the applicable homeowners association rules prohibit VHRs, requires advertising platforms to include “family friendly” language for VHRs in residential areas, appeals of permit denials go to an independent hearing officer instead of the Planning Commission, commercial and recreational areas are regulated with rules applicable to the Tourist Core Area Plan, and room night reporting is required; and Version 2 that included the same changes except that the 150-foot buffer was replaced with a prohibition of properties with VHR permits being adjacent to each other. 1177
Ordinance 2026-XXX March 10, 2026 Page 3 of 17
L. On October 21, 2025, City Council considered both versions of the ordinance but were not able to reach a majority vote to make any changes and directed staff to bring the item back once a fifth councilmember was appointed to fill the remainder of former Mayor Wallace’s term.

M. On February 10, 2026, City Council considered both versions of the ordinance and passed a motion by a vote of 3-2 (Mayor Bass and Councilmember Robbins no) to bring back Version 1 for a first reading with a revision to lower the VHR permit cap in residential areas from 1,200 to 900.

N. Related amendments to Table 2.35.070 (Appealable Actions and Matters) are included in this Ordinance to clarify that appeal decisions of VHR permit denials and revocations go to a hearing officer and not Planning Commission.

O. On February 27, 2026, notice of this public hearing was published in the Tahoe Daily Tribune pursuant to California Government Code section 65090.

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

SECTION 1. Article V (Vacation Home Rentals) of Chapter 3.50 (Transient Lodging) of the South Lake Tahoe City Code is hereby amended to read in its entirety as follows:

3.50.370 Definitions.
“Bear box” shall have the same meaning as set forth in SLTCC 4.150.010. “City manager” shall mean the city manager as set forth in Chapter 2.10 SLTCC, or their designee. “Condominium” shall mean a dwelling unit in a residential development that is under a legal arrangement specifying that the unit is individually owned but the common areas are owned, controlled, and maintained through an organization consisting of all individual owners. “Dwelling unit” shall mean a building, or portion thereof, that contains living facilities including provisions for sleeping, eating, cooking, and sanitation for the exclusive use of one or more people maintaining a household, not including city-approved hotels, motels, bed and breakfasts, or timeshares.
“Electronic signature” shall have the same meaning as set forth in SLTCC 2.40.010. “Good neighbor contract” shall mean a document prepared by the city manager that summarizes the conditions of operations in SLTCC 3.50.440 for which occupants are responsible for compliance and subject to citation for violating, to be signed by wet or electronic signature before or during check-in by the property manager and the responsible party(ies) entering into a vacation home rental contract for each vacation home rental in areas outside the tourist core area plan. “Multifamily dwelling unit” shall mean a dwelling unit that is attached, meaning that it shares at least one wall, floor, or ceiling with at least one other dwelling unit. Condominiums are not considered multifamily dwelling units.
“Occupant” shall mean any person who is on or in a vacation home rental property other than service providers, whether or not the person stays overnight.
“Owner” shall mean the person(s) or entity(ies) that hold legal or equitable title to a dwelling unit. 1178
Ordinance 2026-XXX March 10, 2026 Page 4 of 17
“Property manager” shall mean the person designated by the owner to implement the requirements of SLTCC 3.50.440 in residential areas. The owner or an agent designated by the owner may serve as the property manager.
“Renewal application” shall mean an application for a renewed vacation home rental permit which application may be submitted by the vacation home rental applicant. “Rent” shall have that definition set forth in SLTCC 3.00.010. “Residential areas” shall mean areas zoned for residential use and excluding all areas within the Tourist Core Area Plan, Tahoe Valley Area Plan, Sierra-Tract Commercial Plan Area Statement, South Y Industrial Tract Community Plan, and Bijou/Al Tahoe Community Plan Districts 1, 2, 3, and 4, and parcels zoned for recreational use.
“Vacation home rental” shall mean the rent or rental of an entire dwelling unit by the owner or agent to another person or group of persons for occupancy, dwelling, lodging, or sleeping purposes for a period of less than 30 consecutive calendar days. The rental of units within city-approved hotels, motels, time-shares, and bed and breakfasts shall not be considered to be vacation home rentals. “Vacation home rental applicant” shall mean the person(s) or entity(ies) who apply for a vacation home rental permit by submitting and signing a vacation home rental application. A vacation home rental applicant may be an owner(s) of the dwelling unit, an agent(s), or another authorized representative(s) of an owner of the dwelling unit.
“Vacation home rental permit” shall mean a permit issued to the property owner and pursuant to the provisions of this chapter that allows the use of a dwelling unit as a short-term rental. “Vacation home rental property” shall mean a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the county of El Dorado, upon which a vacation home rental(s) is (are) maintained. “Vacation home rental property” includes the premises upon which a vacation home rental is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and paddleboard courts, and other similar and related improvements.
“Waitlist” shall mean the list of vacation home rental permit applicants the city manager maintains when the number of vacation home rental permits issued in residential areas exceeds the cap of 900, to be maintained in the order each application is deemed complete and used when vacation home rental permits become available.

3.50.380 Vacation home rentals – General provisions.

A. Vacation Home Rentals Allowed. Subject to the provisions of this article, vacation home rentals shall be permitted within the city.

B. Vacation Home Rental Permit Required to Operate. It shall be unlawful for any person or entity to rent, maintain, facilitate, advertise or list a dwelling unit as a short-term rental without a valid vacation home rental permit issued pursuant to this article.

C. Vacation Home Rental Permits Nontransferable.

1. Permit – Site Specific. It shall be unlawful for any person to give, grant or otherwise transfer a vacation home rental permit from one dwelling unit to another.

2. Transfer of Permits Prohibited. All permits issued by the city pursuant to this article shall be nontransferable to a different person or entity to whom said permit was issued. 1179
Ordinance 2026-XXX March 10, 2026 Page 5 of 17
(a) Notwithstanding subsection (C)(2) of this section, a permit may be transferred from one owner of a vacation home rental to another owner of the vacation home rental as long as the transferee was an owner of the vacation home rental at the time the vacation home rental application was submitted to the city, and a permit may be transferred into a family trust in which an owner is a trustee for estate planning purposes.

3. Upon any change of ownership of a vacation home rental property, an initial vacation home rental application shall be submitted pursuant to SLTCC 3.50.390(A).

D. Multifamily Dwelling Units and Condominiums.

1. It shall be unlawful to rent, lease, use or operate a multifamily dwelling unit as a vacation home rental.

2. Condominiums are eligible for vacation home rental permits, except for condominiums that are part of a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq. and which condominiums are subject to a prohibition on short-term rentals adopted by the common interest development pursuant to Cal. Civ. Code § 4741, as may be amended.

E. Agency and Property Management.

1. An owner may retain an agent to comply with the requirements of this article, including, without limitation, the filing of an application for a vacation home rental permit, the management of the vacation home rental, and compliance with the conditions of the permit. The owner of the vacation home rental is responsible for compliance with the provisions of this article and the failure of an agent to comply with this article shall not relieve the owner of their obligations as set forth in this article.

2. In residential areas, owners are required to designate and maintain a property manager at all times.

F. Cap. The total number of vacation home rental permits issued in residential areas shall not exceed 900.

G. Transient occupancy tax shall be assessed for vacation home rentals.

H. Permits and Fees Not Exclusive. Permits and fees required by this article shall be in addition to any license, permit or fee required under any provision of the city code. The issuance of any permit pursuant to this article shall not relieve the owner of the vacation home rental from their obligation to comply with all other provisions of the city code pertaining to use and occupancy of the vacation home rental.

I. No more than one vacation home rental shall operate on a parcel.

3.50.390 Vacation home rental application procedures.

A. Initial Applications.

1. All persons or entities interested in operating a vacation home rental may submit a vacation home rental application along with the application fee in an amount set forth in the city’s master fee schedule.

2. It shall be the applicant’s responsibility to provide all information and materials required to comply with the vacation home rental application submittal requirements. 1180
Ordinance 2026-XXX March 10, 2026 Page 6 of 17

3. The filing date of the vacation home rental application shall be the date when the city manager officially receives the last submission of information or materials required by subsection (B) of this section and the application is deemed complete. If the city manager determines an application submittal is incomplete, a vacation home rental applicant shall be notified of such incompleteness within 30 calendar days of receipt of the vacation home rental application by the city manager. If the city manager does not receive a complete application within 30 calendar days of providing notice of incompleteness, the city manager shall no longer consider that application and the application shall be deemed withdrawn.

4. All vacation home rental applications which have been deemed complete by the city manager shall be reviewed and processed in the order of the application’s filing date.

5. Once an application is deemed complete, the city manager shall make reasonable efforts to schedule an inspection of the vacation home rental within 14 days. Vacation home rental applicants shall have 45 days to make all changes and improvements to the vacation home rental which are required by the city pursuant to the inspection. If the vacation home rental applicant fails to make all changes and improvements to the vacation home rental within 45 days of the inspection, said applicant’s vacation home rental application shall be deemed withdrawn.

6. The city manager shall continue to review applications and inspect vacation home rental properties until all applications have been reviewed, or in residential areas, until the city can issue no further vacation home rental permits based on the cap in SLTCC 3.50.380(F), and then shall maintain a waitlist. The city shall issue no more than 150 vacation home rental permits per month.

7. Inspections Required in Residential Areas.
(a) The city manager shall inspect all dwelling units in residential areas for compliance with this article prior to issuing a vacation home rental permit for said dwelling unit. (b) Vacation home rental permit applicants may be required to make improvements or changes to the proposed vacation home rental property in order to ensure that the proposed vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property and that no health and safety violations which threaten the well-being of guests, neighbors or the community are present at the vacation home rental property, including compliance with defensible space requirements of California Public Resources Code Section 4291, as may be amended.
(c) Notwithstanding subsections (A)(7)(a) and (A)(7)(b) of this section, inspections shall not be required for vacation home rental renewal applications.

B. Vacation Home Rental Application and Renewal Application Filing Requirements.

1. Vacation home rental applications and renewal applications shall be submitted on forms provided by the city manager and shall include, but not be limited to, the following information:
(a) Owner(s) name(s).
(b) Property manager contact information, in residential areas including local contact number with 24-hour, seven days a week availability for reporting violations. Any change in the property manager and local contact number shall be promptly furnished to the city manager. (c) Square footage of home.
1181
Ordinance 2026-XXX March 10, 2026 Page 7 of 17
(d) Owner mailing address.
(e) Proposed vacation home rental address and assessor’s parcel number. (f) Vacation home rental permit number, if existing vacation home rental. (g) Number of bedrooms in vacation home rental.
(h) Number of paved parking spaces on the vacation home rental property. (i) Identification of outdoor hot tub, if any.

2. Vacation home rental applications and renewal applications filed by agents, representatives, or authorized representatives of the owner of the vacation home rental property shall include a declaration that such application is being made with the consent of the vacation home rental owner.

3. Vacation home rental applications and renewal applications shall be accompanied by a declaration that any and all applicable covenants, conditions and restrictions are consistent with and would not prohibit issuance of a vacation home rental permit for the proposed property.

4. The vacation home rental application and renewal application shall be accompanied by an application fee in an amount set forth by separate resolution of the city council which amount is calculated to recover the city’s full cost of reviewing, issuing and administering said permit.

5. If a renewal application is denied, and the applicant wishes to operate a vacation home rental, the applicant must initiate a vacation home rental application by filing an initial application and complying with the procedures of subsection (A) of this section.

3.50.400 Expiration and renewal of vacation home rental permits.

A. Vacation home rental permits shall expire one year after their issuance.

B. Vacation home rental permits must be renewed on an annual basis prior to expiration by filing with the city manager a renewal application and a renewal fee.

C. If a timely renewal application is filed, the vacation home rental permit shall not expire until the date that the city manager approves or denies the renewal application. If a timely renewal application is not filed, the vacation home rental permit shall expire and shall be considered null and void.

D. A renewal application shall be subject to all filing requirements set forth in SLTCC 3.50.390(B).

E. The city manager shall issue or deny a renewal application in accordance with the provisions of SLTCC 3.50.410(C).

3.50.410 Review, issuance and denial of vacation home rental permit applications.

A. Vacation home rental permits shall only be issued to the owner(s) of the vacation home rental property.

B. Criteria for Issuance – Initial Application. The city manager shall issue a vacation home rental permit where they make all of the following findings:

1. The vacation home rental application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).

2. In residential areas, inspection of the vacation home rental property has shown that the proposed vacation home rental property conforms with all plan area statements and building code 1182
Ordinance 2026-XXX March 10, 2026 Page 8 of 17
standards which were in effect at time of construction of the vacation home rental property, that no health and safety violations which threaten the wellbeing of guests, neighbors or the community are present at the vacation home rental property, that the defensible space requirements of California Public Resources Code Section 4291, as may be amended, are met, and that the applicable requirements of SLTCC 3.50.440 are met including verifying the parking areas set forth on the application, the required interior and exterior signage, lighting, and that the required noise and video monitoring devices are installed and operational.

3. Neither the vacation home rental property nor the vacation home rental applicant has received three or more upheld citations within any three events and/or calls for service for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period, and the vacation home rental property does not have outstanding fines for any upheld citations. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.

4. The vacation home rental property contains sufficient paved parking spaces to accommodate the maximum number of occupants. All required parking shall be constructed on the vacation home rental property prior to operation as a vacation home rental.

5. The proposed vacation home rental would not exceed the cap of 900 vacation home rental permits in SLTCC 3.50.380(F).

C. Criteria for Issuance – Renewal Application. The city manager shall issue a renewed vacation home rental permit where they make all of the following findings:

1. The renewal application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).

2. There have not been three or more upheld citations issued for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period, and the vacation home rental property does not have outstanding fines for any upheld citations. For purposes of this subsection, upheld citations means citations which were neither overturned on appeal nor dismissed.

3. The vacation home rental permit has not lapsed, expired, been revoked, or suspended.

4. The vacation home rental is current on transient occupancy taxes and has paid all said taxes to the city in full by the date upon which said taxes became due.

5. The vacation home rental permit has not been transferred to another person, entity, or property.

D. Criteria for Denial. Vacation home rental permits shall not be issued or renewed where the city manager confirms that one or more of the criteria for issuance set forth in subsections (B) and (C) of this section have not been met. If the city manager denies the vacation home rental application or renewal application, they shall specify in writing the reasons for the denial and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to SLTCC

3.50.430.

3.50.420 Revocation of vacation home rental permit.

A. A vacation home rental permit issued under the terms of this article shall be revoked by the city manager at any time if they conclude any of the following:
1183
Ordinance 2026-XXX March 10, 2026 Page 9 of 17

1. The vacation home rental is not current on transient occupancy taxes and has not paid all said taxes to the city in full by the date upon which said taxes became due.

2. There have been three or more upheld citations for violations of the city code which citations were issued during three separate events and/or calls for service for violations of the city code at the vacation home rental within any 24-month period. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.

3. The vacation home rental applicant has submitted a vacation home rental application containing a material misrepresentation or omission of a material fact.

4. There has been a transfer or an attempt to transfer a vacation home rental permit to another person, entity or property.

B. A vacation home rental permit suspended or revoked pursuant to this section shall be deemed to be expired and shall no longer authorize the operation of a vacation home rental.

3.50.430 Appeal from city manager’s determination.

An applicant or any interested party who disagrees with the city manager’s decision to issue, deny, revoke, or suspend a vacation home rental permit may appeal that decision to a hearing officer in accordance with the appeal provisions of Chapter 2.35 SLTCC. The hearing officer’s decision shall be final and is not subject to further administrative appeals.

3.50.440 Conditions of operation.

All vacation home rental properties shall be operated, maintained, and managed on a day-to-day basis in compliance with the following operational conditions and requirements, irrespective of whether they are being used as a vacation home rental at a given time. In residential areas, the owner shall designate and maintain a property manager to ensure compliance with the conditions set forth in this section. Violation of any of the below conditions of operation shall subject the owner to citation in accordance with SLTCC 3.50.450. Additionally, violation of conditions of operation set forth in subsections (A), (C), (H), (K), (L), (O), (Q), and (R) of this section shall subject any occupant found violating such condition to citation in accordance with SLTCC 3.50.450.

A. Maximum Occupancy.

1. Occupancy of the vacation home rental shall be limited by (1) the number of paved parking spaces on the vacation home rental property as shown in Table 1 of this subsection, and (2) the number of bedrooms in the property as shown in Tables 2(a) and 2(b) of this subsection, whichever is lesser. For purposes of this subsection, occupancy shall be calculated by the number of persons present at the vacation home rental property at any given time.

Table 1. Number of Paved Parking Spaces Establishing Maximum Occupancy Number of
Parking Spaces
Maximum
Occupancy
1 4
2 8
3 12
4 16
5 20
1184
Ordinance 2026-XXX March 10, 2026 Page 10 of 17
Table 2(a). Number of Bedrooms Establishing Maximum Occupancy (Outside Residential Areas)
Number of
Bedrooms
Maximum
Occupancy
Studio 4
1 6
2 8
3 10
4 12
5 14
Table 2(b). Number of Bedrooms Establishing Maximum Occupancy (In Residential Areas) Number of
Bedrooms
Maximum
Occupancy
Studio 2
1 2
2 4
3 6
4 8
5 10
Outside residential areas, where the maximum occupancy for a vacation home rental is based upon the number of bedrooms, occupancy of a vacation home rental with one or more bedrooms shall be calculated by multiplying the number of bedrooms by two and adding four. In residential areas, where the maximum occupancy for a vacation home rental is based upon the number of bedrooms, occupancy of a vacation home rental shall be calculated by multiplying the number of bedrooms by two. For vacation home rentals with one or more bedrooms, up to five children aged 13 and under do not count towards the maximum occupancy. For studios, up to two children aged 13 and under do not count towards the maximum occupancy.

The voluntary reduction of occupancy in order to reduce fees is not permitted.

The requirements of this subsection limiting maximum occupancy based on number of parking spaces shall not apply to any vacation home rental that is within a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq.; provided, that the board of directors of the association governing the common interest development has implemented rules or regulations regarding parking for occupants of vacation home rentals within such common interest development.

B. Each parking space required for a vacation home rental permit shall remain available for vacation home rental occupants. Each parking space shall be no less than nine feet wide and 19 feet long. 1185
Ordinance 2026-XXX March 10, 2026 Page 11 of 17
C. Commercial Activity Prohibited. Vacation home rentals shall not be used for commercial activities, including, but not limited to, weddings, receptions and large parties. All occupants of the vacation home rental shall be notified of the prohibition against commercial activities prior to the reservation, rental, or lease of a vacation home rental.

D. The owner of the vacation home rental shall be responsible for compliance with all provisions of the South Lake Tahoe City Code.

E. The owner of the vacation home rental shall post a copy of the permit and a copy of the conditions set forth in this section in a conspicuous place within the vacation home rental property.

F. All marketing and advertising of the vacation home rental shall include the vacation home rental permit number issued by the city. In residential areas, all marketing and advertising of the vacation home rental shall include a statement that the property is in a residential area and is subject to enhanced regulations and enforcement to prevent disturbances and preserve neighborhood character.

G. The owner shall agree to and authorize the city to enter the vacation home rental for the purpose of inspections when the city has received complaints of substandard housing conditions and/or has been made aware of substandard housing conditions.

H. Use of all outdoor spas or hot tubs shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m.

I. Interior Signage. Vacation home rentals shall have a clearly visible and legible notice posted on or directly adjacent to the inside of the front door, containing the following information:

1. The name of the property manager and a telephone number enabled for text messaging at which that person may be reached on a 24-hour basis, seven days per week;

2. The maximum number of occupants for the vacation home rental;

3. The maximum number of vehicles permitted to be parked on the vacation home rental property;

4. The parking rules for seasonal snow removal;

5. The trash pickup day and notification that solid waste and recyclables shall not be left or stored on the exterior of the property except in a bear box or animal-resistant cart or container approved by the city or its franchisee under Chapter 4.150 SLTCC;

6. Notification that an occupant may be cited and fined for creating a disturbance or for violating any provision(s) of this article; and

7. Notification that failure to conform to the parking and occupancy limits of the vacation home rental is a violation of this article.

J. Exterior Signage. Vacation home rentals shall have a clearly visible and legible exterior sign, posted in a location which is visible from the adjacent right-of-way, containing the following information:

1. The name of the property manager and owner of the vacation home rental, and a telephone number at which the property manager may be reached on a 24-hour basis, seven days per week;

2. The maximum number of occupants for the vacation home rental; 1186
Ordinance 2026-XXX March 10, 2026 Page 12 of 17

3. The maximum number of vehicles permitted to be parked on the vacation home rental property;

4. The telephone number of the police department vacation home rental hotline, and the police department’s email address;

5. This section of the South Lake Tahoe City Code.

K. Parking. Occupants of vacation home rentals shall not park on areas of the vacation home rental property not designated as parking spaces or on any other private property without permission.

L. Noise. In addition to all noise standards set forth in the city code and TRPA Code, the use of any equipment generating noise and the use of outdoor amplified music, speakers or other amplified equipment is prohibited between the hours of 10:00 p.m. and 8:00 a.m.

M. Emergency lighting (which may consist of plug-in or permanently installed systems) shall be installed, maintained and functional within the home at all times.

N. Any lights used to illuminate a vacation home rental property shall be designed so as to not spray onto adjoining properties and adjacent rights-of-way.

O. Parking of commercial vehicle(s) on vacation home rental property, except temporarily for durations of less than four hours, shall be prohibited.

P. Records of every night for which the vacation home rental is rented, including the name and contact information of the tenant who has arranged to rent the vacation home rental, the rental rate, the number of occupants per night, and the number of vehicles, shall be maintained for a minimum period of three years before such records are discarded or destroyed. Such records shall be made available to the city within 15 business days upon written request from the city.

Q. Camping and sleeping in tents, travel trailers, campers or recreational vehicles shall not be permitted on the vacation home rental property.

R. Trash.

1. Owners are responsible for compliance with all requirements for sorting, disposal, storage, and collection of solid waste, recyclables, and yard trimmings in Chapter 4.150 SLTCC. Solid waste and recyclables shall not be left or stored on the exterior of the property except in a container(s) within a bear box or in an animal-resistant cart or container approved by the city or its franchisee under Chapter 4.150 SLTCC. Owners are required to acquire and use an animal-resistant recycling cart within 30 days of receiving notice from the city or its franchisee that such recycling carts are available.

2. If a bear box is installed on the vacation home rental property, then all solid waste shall be stored in said bear box until collection. All bear boxes shall remain functional and maintained so as to ensure that wildlife cannot access trash. The requirements of this subsection shall not apply to any person whose vacation home rental is within a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq.; provided, that the board of directors of the association governing the common interest development has implemented rules or regulations requiring and enforcing the regular disposal of trash within such common interest development.

3. For vacation home rental properties with a bear box installed, Table 1 of this subsection establishes the number of trash cans within bear boxes required. 1187
Ordinance 2026-XXX March 10, 2026 Page 13 of 17
Table 1. Minimum Number of Trash Cans Within Bear Box
Size of Home Number of
Trash Cans
Less than 2,500 square
feet
2 2,500 – 3,500 square
feet
3 Greater than 3,500
square feet
4 4. Vacation home rental owners and property managers shall arrange for the necessary level of trash pick-up, drop-off, or other trash removal from the property so as to ensure that no trash is left on the street, exterior of the dwelling unit, or the right-of-way.

S. Owner or authorized agent shall include the vacation home rental permit number on all contracts, rental agreements, and in any advertising or websites depicting the vacation home rental.

T. Transient Occupancy Tax. The owner of the vacation home rental shall remit all transient occupancy tax payments and comply with Article II of this chapter. The owner or agent shall report the number of room nights rented for each vacation home rental when remitting transient occupancy tax payments.

U. For properties in residential areas, the property manager shall meet the occupants either in person or virtually to check them in at the beginning of each vacation home rental to, at a minimum:

1. Verify the identities of all responsible party(ies) entering into a vacation home rental contract;

2. Verify that all responsible party(ies) entering into a vacation home rental contract are 25 years of age or older; and

3. Ensure that the property manager and responsible party(ies) have signed the good neighbor contract certifying that the property manager has reviewed the conditions of operation of this section with the responsible party(ies), which good neighbor contract shall be maintained for three years and made available to the city upon written request within 15 business days.

V. For properties in residential areas, the owner shall install indoor noise and outdoor video monitoring devices to immediately alert the property manager 24 hours a day, seven days a week, of potential violations of the conditions of operation of this SLTCC 3.50.440, including those conditions of operation related to noise, trash, and parking. The purpose of this requirement is to provide property managers with access to real-time information to allow them to prevent nuisances before neighbors are disturbed and to prevent violations of the conditions of operation.

W. For properties in residential areas, the property manager shall provide and maintain a local contact number with 24-hour, seven days a week, availability for receiving reports of violations from the city and neighbors, and the property manager shall be available to respond in person within 60 minutes to such complaints, 24 hours a day, seven days a week. 1188
Ordinance 2026-XXX March 10, 2026 Page 14 of 17

3.50.450 Enforcement.

A. Any use or condition caused or permitted to exist in violation of any provision of this article shall be and hereby is declared a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or any other remedy available to the city.

B. Any use or condition caused or permitted to exist in violation of any provision of this article shall be subject to citation in an amount set forth by separate resolution of the city council.

C. The city may issue a citation based wholly or in part on photographic, video, or audio recorded evidence provided by a third party upon submission of a signed affidavit from the person who took the photograph or made the recording authenticating the evidence, if a preponderance of the evidence shows that a violation occurred.

D. Appeals of citations are subject to Chapter 2.30 SLTCC, except for any appeal of a third citation within a 24-month period resulting in revocation of a vacation home rental permit is subject to Chapter

2.35 SLTCC, and will be heard by a hearing officer along with the appeal of the permit revocation under SLTCC 3.50.430.

3.50.460 No property rights conferred.

Vacation home rental permits shall not be construed as providing property rights or vested interests and entitlements in continued operation of a vacation home rental. Vacation home rental permits are revocable licenses which expire annually. Vacation home rental permits shall not run with the land.

SECTION 2. Table 2.35.070 (Appealable Actions and Matters) of the South Lake Tahoe City Code is hereby amended to read in its entirety as follows:

Table 2.35.070: Appealable Actions and Matters
Permit or Action Type Reference
Section
Intermediary Appeal
Officer or Board
Final Appeal
Officer or Board
Tax Determinations 3.20.060

3.20.110
Tax Collector City Council
Emergency
Communication System
Access Fee

3.30.170 Finance Director City Manager
Business and
Professions Tax and
License

3.35.170

3.35.260
None City Council
Business Classification 3.35.310 Tax Collector City Council Revocation of Business
Permit by the Chief of
Police for Violation of
California Health and
Safety Section 11364.5

3.35.420 None City Manager
Transient Lodging Tax
Redetermination

3.50.130 Finance Director City Manager
Transient Lodging:

Occupancy and Permits

3.50.040 Planning Commission City Council
1189
Ordinance 2026-XXX March 10, 2026 Page 15 of 17
Permit or Action Type Reference
Section
Intermediary Appeal
Officer or Board
Final Appeal
Officer or Board
Vacation Home Rental
Permit

3.50.430 None Hearing Officer
Vacation Home Rental
Permit Third Citation
and Revocation

3.50.450 None Hearing Officer
Animal Control Fees 4.05.080 None City Council
Massage 4.15.040 None City Council
Bingo Permit 4.20.060 None City Council
Mobile Vending Permit 4.35.080 None City Council
Alcohol Use Permit 4.70.130 None City Council
Escort Permit Grant,
Denial, Suspension or
Revocation

4.70.200 City Manager City Council
Private Patrol Permit 4.140.090 None City Council
False Alarm Permit 4.145.070 None City Manager
Refuse and Garbage 4.150.025 None City Council
Taxicab Suspension or
Revocation of Permit

4.155.110 None City Manager
Cannabis Public Safety
License

4.180.050 None City Council
Hazardous Vegetation
and Defensible Space

5.30.100 None Hearing Officer
Land Use Development
Standards

6.10.090

6.10.250
See 6.10.090 Table 1 See 6.10.090
Table 1
Housing: Unit
Determination

6.25.080 None City Council
Multifamily Dwelling
Inspection and
Maintenance Program

6.30.170 None Building Board of
Appeals
Plan Line Setback:

Building Permit

6.35.060 None Planning
Commission
Signs 6.40.270 Planning Commission City Council
Trees 6.50.040

6.50.180
None City Council
Condominium
Conversion

6.55.210 Planning Commission City Council
Use Permit and
Variances

6.55.220

6.55.580

6.55.590
Planning Commission City Council
1190
Ordinance 2026-XXX March 10, 2026 Page 16 of 17
Permit or Action Type Reference
Section
Intermediary Appeal
Officer or Board
Final Appeal
Officer or Board
Special Events and
Temporary Use Permit

6.55.230 Planning Commission City Council
Hosted Rental Permit 6.55.295 None Planning
Commission
Cannabis Use Permit 6.55.770 None City Council
Floodplain Management 6.65.160 None City Council
Mobile Vending
Location

6.70.060 Planning Commission City Council
Wireless Facility
Permits

6.75.040

6.75.080
Planning Commission City Council
Urban Runoff and
Storm Water Quality
Violations

7.15.180 Public Works Director City Council
Grading, Erosion, and
Sediment Control
Decisions

7.20.260 None Public Works
Director
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, and under CEQA Guidelines section 15308 because it is amending a regulatory process to protect the environment.

SECTION 5. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 6. This Ordinance shall become effective 30 days following its adoption.

Adopted by the City of South Lake Tahoe City Council on March 24, 2026 by the following vote:

Yes:

No:

Abstain:

Absent:
1191
Ordinance 2026-XXX March 10, 2026 Page 17 of 17
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading:

Published:

Second Reading:

Effective:

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
1192
South Lake Tahoe City Code Page 1/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

3.50.370 Definitions.
“Bear box” shall have the same meaning as set forth in SLTCC 4.150.010. “Buffer zone” shall mean the area within 150 feet of any property line of a vacation home rental property, except for condominiums, as measured using the city of South Lake Tahoe’s geographic information system data.
“City manager” shall mean the city manager as set forth in Chapter 2.10 SLTCC, or their designee.
“Condominium” shall mean a dwelling unit in a residential development that is under a legal arrangement specifying that the unit is individually owned but the common areas are owned, controlled, and maintained through an organization consisting of all individual owners. “Dwelling unit” shall mean a building, or portion thereof, that contains living facilities including provisions for sleeping, eating, cooking, and sanitation for the exclusive use of one or more people maintaining a household, not including city-approved hotels, motels, bed and breakfasts, or timeshares.
“Electronic signature” shall have the same meaning as set forth in SLTCC 2.40.010. “Good neighbor contract” shall mean a document prepared by the city manager that summarizes the conditions of operations in SLTCC 3.50.440 for which occupants are responsible for compliance and subject to citation for violating, to be signed by wet or electronic signature before or during check-in by the property manager and the responsible party(ies) entering into a vacation home rental contract for each vacation home rental in areas outside the tourist core area plan.
“Multifamily dwelling unit” shall mean a dwelling unit that is attached, meaning that it shares at least one wall, floor, or ceiling with at least one other dwelling unit., except that cCondominiums within the tourist core area plan are not considered multifamily dwelling units. “Occupant” shall mean any person who is on or in a vacation home rental property other than service providers, whether or not the person stays overnight. “Owner” shall mean the person(s) or entity(ies) that hold legal or equitable title to a dwelling unit.
“Property manager” shall mean the person designated by the owner to implement the requirements of SLTCC 3.50.440 in residential areas outside the tourist core area plan. The owner or an agent designated by the owner may serve as the property manager. “Renewal application” shall mean an application for a renewed vacation home rental permit which application may be submitted by the vacation home rental applicant. “Rent” shall have that definition set forth in SLTCC 3.00.010. “Residential areas” shall mean areas zoned for residential use and excluding all areas within the Tourist Core Area Plan, Tahoe Valley Area Plan, Sierra-Tract Commercial Plan Area Statement, 1193
South Lake Tahoe City Code Page 2/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

South Y Industrial Tract Community Plan, and Bijou/Al Tahoe Community Plan Districts 1, 2, 3, and 4, and parcels zoned for recreational use.
“Vacation home rental” shall mean the rent or rental of an entire dwelling unit by the owner or agent to another person or group of persons for occupancy, dwelling, lodging, or sleeping purposes for a period of less than 30 consecutive calendar days. The rental of units within city-approved hotels, motels, time-shares, and bed and breakfasts shall not be considered to be vacation home rentals.
“Vacation home rental applicant” shall mean the person(s) or entity(ies) who apply for a vacation home rental permit by submitting and signing a vacation home rental application. A vacation home rental applicant may be an owner(s) of the dwelling unit, an agent(s), or another authorized representative(s) of an owner of the dwelling unit.
“Vacation home rental permit” shall mean a permit issued to the property owner and pursuant to the provisions of this chapter that allows the use of a dwelling unit as a short-term rental. “Vacation home rental property” shall mean a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the county of El Dorado, upon which a vacation home rental(s) is (are) maintained. “Vacation home rental property” includes the premises upon which a vacation home rental is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and paddleboard courts, and other similar and related improvements. “Waitlist” shall mean the list of vacation home rental permit applicants the city manager maintains when the number of vacation home rental permits issued in residential areas exceeds the cap of 900, to be maintained in the order each application is deemed complete and used when vacation home rental permits become available.

3.50.380 Vacation home rentals – General provisions.

A. Vacation Home Rentals Allowed. Subject to the provisions of this article, vacation home rentals shall be permitted within the city.

B. Vacation Home Rental Permit Required to Operate. It shall be unlawful for any person or entity to rent, maintain, facilitate, advertise or list a dwelling unit as a short-term rental without a valid vacation home rental permit issued pursuant to this article.

C. Vacation Home Rental Permits Nontransferable.

1. Permit – Site Specific. It shall be unlawful for any person to give, grant or otherwise transfer a vacation home rental permit from one dwelling unit to another.

2. Transfer of Permits Prohibited. All permits issued by the city pursuant to this article shall be nontransferable to a different person or entity to whom said permit was issued. (a) Notwithstanding subsection (C)(2) of this section, a permit may be transferred from one owner of a vacation home rental to another owner of the vacation home rental as long as the transferee was an owner of the vacation home rental at the time the vacation 1194
South Lake Tahoe City Code Page 3/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025. home rental application was submitted to the city, and a permit may be transferred into a family trust in which an owner is a trustee for estate planning purposes.

3. Upon any change of ownership of a vacation home rental property, an initial vacation home rental application shall be submitted pursuant to SLTCC 3.50.390(A).

D. Multifamily Dwelling Units and Condominiums.

1. It shall be unlawful to rent, lease, use or operate a multifamily dwelling unit as a vacation home rental.

2. Condominiums are eligible for vacation home rental permits, except for condominiums that are part of a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq. and which condominiums are subject to a prohibition on short-term rentals adopted by the common interest development pursuant to Cal. Civ. Code § 4741, as may be amended.

2. Notwithstanding subsection (D)(1) of this section, owners of multifamily dwelling units that are condominiums and had a valid vacation home rental permit at such condominium on September 1, 2016, may apply for a vacation home rental permit for said multifamily dwelling unit and will be issued or denied a permit or renewal permit based on the criteria of SLTCC 3.50.410.

E. Agency and Property Management.

1. An owner may retain an agent to comply with the requirements of this article, including, without limitation, the filing of an application for a vacation home rental permit, the management of the vacation home rental, and compliance with the conditions of the permit.

The owner of the vacation home rental is responsible for compliance with the provisions of this article and the failure of an agent to comply with this article shall not relieve the owner of their obligations as set forth in this article.

2. In residential areas outside the tourist core area plan, owners are required to designate and maintain a property manager at all times.

F. Anticlustering RequirementsCap. The total number of vacation home rental permits issued in residential areas shall not exceed 900.

1. Outside of the tourist core area plan, a vacation home rental shall not operate on a parcel located within 150 feet of another parcel outside of the tourist core area plan with a vacation home rental permit.

2. No more than one vacation home rental shall operate on a parcel.

3. Distances under this subsection shall be calculated as a straight line from any parcel line of the permitted vacation home rental property to the parcel line of any other parcel.

Locational restrictions shall apply to an entire parcel if any portion of the parcel is located within the applicable buffer zone.
1195
South Lake Tahoe City Code Page 4/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

4. Notwithstanding subsection (F)(1) of this section, condominiums are exempt from the anti- clustering requirements, meaning that no buffer zone around condominiums is required, and condominiums are not subject to buffer zones around other vacation home rental properties.

G. Transient occupancy tax shall be assessed for vacation home rentals.

H. Permits and Fees Not Exclusive. Permits and fees required by this article shall be in addition to any license, permit or fee required under any provision of the city code. The issuance of any permit pursuant to this article shall not relieve the owner of the vacation home rental from their obligation to comply with all other provisions of the city code pertaining to use and occupancy of the vacation home rental.

I. No more than one vacation home rental shall operate on a parcel.

3.50.390 Vacation home rental application procedures.

A. Initial Applications.

1. All persons or entities interested in operating a vacation home rental may submit a vacation home rental application along with the application fee in an amount set forth in the city’s master fee schedule. For applications in areas where vacation home rentals were previously prohibited under Measure T, the city council may, by resolution, set an initial application period for applicants whose vacation home rental permit at the same property that is in good standing and was not renewed in 2021 because of Measure T, and for applicants whose qualified vacation home rental permit at the same property is in good standing and became void in April 2025 because of the court’s judgment in the Measure T lawsuit. Applications in such areas that are submitted by applicants not qualifying for the initial application period will not be accepted until the initial application period has expired.

2. It shall be the applicant’s responsibility to provide all information and materials required to comply with the vacation home rental application submittal requirements.

3. The filing date of the vacation home rental application shall be the date when the city manager officially receives the last submission of information or materials required by subsection (B) of this section and the application is deemed complete. If the city manager determines an application submittal is incomplete, a vacation home rental applicant shall be notified of such incompleteness within 30 calendar days of receipt of the vacation home rental application by the city manager. If the city manager does not receive a complete application within 30 calendar days of providing notice of incompleteness, the city manager shall no longer consider that application and the application shall be deemed withdrawn.

4. All vacation home rental applications which have been deemed complete by the city manager shall be reviewed and processed in the order of the application’s filing date.

5. Once an application is deemed complete, the city manager shall make reasonable efforts to schedule an inspection of the vacation home rental within 14 days. Vacation home rental applicants shall have 45 days to make all changes and improvements to the vacation home rental which are required by the city pursuant to the inspection. If the vacation home rental applicant fails to make all changes and improvements to the vacation home rental within 45 1196
South Lake Tahoe City Code Page 5/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025. days of the inspection, said applicant’s vacation home rental application shall be deemed withdrawn.

6. The city manager shall continue to review applications and inspect vacation home rental properties until all applications have been reviewed, or in residential areas, until the city can issue no further vacation home rental permits based on the cap in SLTCC 3.50.380(F), and then shall maintain a waitlist. The city shall issue no more than 150 vacation home rental permits per month.

7. Inspections Required in Residential Areas.
(a) The city manager shall inspect all dwelling units in residential areas for compliance with this article prior to issuing a vacation home rental permit for said dwelling unit. (b) Vacation home rental permit applicants may be required to make improvements or changes to the proposed vacation home rental property in order to ensure that the proposed vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property and that no health and safety violations which threaten the well-being of guests, neighbors or the community are present at the vacation home rental property, including compliance with defensible space requirements of California Public Resources Code Section 4291, as may be amended.
(c) Notwithstanding subsections (A)(7)(a) and (A)(7)(b) of this section, inspections shall not be required for vacation home rental renewal applications. (d) Notwithstanding subsections (A)(7)(a) and (A)(7)(b) of this section, inspections shall not be required for vacation home rentals located in the tourist core area plan.

B. Vacation Home Rental Application and Renewal Application Filing Requirements.

1. Vacation home rental applications and renewal applications shall be submitted on forms provided by the city manager and shall include, but not be limited to, the following information:
(a) Owner(s) name(s).
(b) Property manager contact information, in residential areas including local contact number with 24-hour, seven days a week availability for reporting violations. Any change in the property manager and local contact number shall be promptly furnished to the city manager.
(c) Square footage of home.
(d) Owner mailing address.
(e) Proposed vacation home rental address and assessor’s parcel number. (f) Vacation home rental permit number, if existing vacation home rental. (g) Number of bedrooms in vacation home rental.
1197
South Lake Tahoe City Code Page 6/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025. (h) Number of paved parking spaces on the vacation home rental property. (i) Identification of outdoor hot tub, if any.
(j) Permit number and expiration date of prior vacation home rental permit or qualified vacation home rental permit held by owner(s) at proposed vacation home rental property, if any.

2. Vacation home rental applications and renewal applications filed by agents, representatives, or authorized representatives of the owner of the vacation home rental property shall include a declaration that such application is being made with the consent of the vacation home rental owner.

3. Vacation home rental applications and renewal applications shall be accompanied by a declaration that any and all applicable covenants, conditions and restrictions are consistent with and would not prohibit issuance of a vacation home rental permit for the proposed property.

4. The vacation home rental application and renewal application shall be accompanied by an application fee in an amount set forth by separate resolution of the city council which amount is calculated to recover the city’s full cost of reviewing, issuing and administering said permit.

5. If a renewal application is denied, and the applicant wishes to operate a vacation home rental, the applicant must initiate a vacation home rental application by filing an initial application and complying with the procedures of subsection (A) of this section.

3.50.400 Expiration and renewal of vacation home rental permits.

A. Vacation home rental permits shall expire one year after their issuance.

B. Vacation home rental permits must be renewed on an annual basis prior to expiration by filing with the city manager a renewal application and a renewal fee.

C. If a timely renewal application is filed, the vacation home rental permit shall not expire until the date that the city manager approves or denies the renewal application. If a timely renewal application is not filed, the vacation home rental permit shall expire and shall be considered null and void.

D. A renewal application shall be subject to all filing requirements set forth in SLTCC

3.50.390(B).

E. The city manager shall issue or deny a renewal application in accordance with the provisions of SLTCC 3.50.410(C).

3.50.410 Review, issuance and denial of vacation home rental permit applications.

A. Vacation home rental permits shall only be issued to the owner(s) of the vacation home rental property.

B. Criteria for Issuance – Initial Application. The city manager shall issue a vacation home rental permit where they make all of the following findings:
1198
South Lake Tahoe City Code Page 7/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

1. The vacation home rental application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).

2. In residential areas, inspection of the vacation home rental property has shown that the proposed vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property, that no health and safety violations which threaten the wellbeing of guests, neighbors or the community are present at the vacation home rental property, that the defensible space requirements of California Public Resources Code Section 4291, as may be amended, are met, and that the applicable requirements of SLTCC 3.50.440 are met including verifying the parking areas set forth on the application, the required interior and exterior signage, lighting, and that the required noise and video monitoring devices are installed and operational.

3. Neither the vacation home rental property nor the vacation home rental applicant has received three or more upheld citations within any three events and/or calls for service for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period, and the vacation home rental property does not have outstanding fines for any upheld citations. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.

4. The vacation home rental property contains sufficient paved parking spaces to accommodate the maximum number of occupants. All required parking shall be constructed on the vacation home rental property prior to operation as a vacation home rental.

5. The proposed vacation home rental would comply with the anti-clustering requirementsnot exceed the cap of 900 vacation home rental permits in of SLTCC

3.50.380(F).

C. Criteria for Issuance – Renewal Application. The city manager shall issue a renewed vacation home rental permit where they make all of the following findings:

1. The renewal application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).

2. There have not been three or more upheld citations issued for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period, and the vacation home rental property does not have outstanding fines for any upheld citations. For purposes of this subsection, upheld citations means citations which were neither overturned on appeal nor dismissed.

3. The vacation home rental permit has not lapsed, expired, been revoked, or suspended.

4. The vacation home rental is current on transient occupancy taxes and has paid all said taxes to the city in full by the date upon which said taxes became due.

5. The vacation home rental permit has not been transferred to another person, entity, or property.
1199
South Lake Tahoe City Code Page 8/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

D. Criteria for Denial. Vacation home rental permits shall not be issued or renewed where the city manager confirms that one or more of the criteria for issuance set forth in subsections (B) and (C) of this section have not been met. If the city manager denies the vacation home rental application or renewal application, they shall specify in writing the reasons for the denial and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to SLTCC 3.50.430.

3.50.420 Revocation of vacation home rental permit.

A. A vacation home rental permit issued under the terms of this article shall be revoked by the city manager at any time if they conclude any of the following:

1. The vacation home rental is not current on transient occupancy taxes and has not paid all said taxes to the city in full by the date upon which said taxes became due.

2. There have been three or more upheld citations for violations of the city code which citations were issued during three separate events and/or calls for service for violations of the city code at the vacation home rental within any 24-month period. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.

3. The vacation home rental applicant has submitted a vacation home rental application containing a material misrepresentation or omission of a material fact.

4. There has been a transfer or an attempt to transfer a vacation home rental permit to another person, entity or property.

B. A vacation home rental permit suspended or revoked pursuant to this section shall be deemed to be expired and shall no longer authorize the operation of a vacation home rental.

3.50.430 Appeal from city manager’s determination.

An applicant or any interested party who disagrees with the city manager’s decision to issue, deny, revoke, or suspend a vacation home rental permit may appeal that decision to the planning commissiona hearing officer in accordance with the appeal provisions of Chapter 2.35 SLTCC.

The planning commissionhearing officer’s decision shall be final and is not subject to further administrative appeals.

3.50.440 Conditions of operation.

All vacation home rental properties shall be operated, maintained, and managed on a day-to-day basis in compliance with the following operational conditions and requirements, irrespective of whether they are being used as a vacation home rental at a given time. In residential areas outside the tourist core area plan, the owner shall designate and maintain a property manager to ensure compliance with the conditions set forth in this section. Violation of any of the below conditions of operation shall subject the owner to citation in accordance with SLTCC 3.50.450.

Additionally, violation of conditions of operation set forth in subsections (A), (C), (H), (K), (L), (O), (Q), and (R) of this section shall subject any occupant found violating such condition to citation in accordance with SLTCC 3.50.450.

A. Maximum Occupancy.
1200
South Lake Tahoe City Code Page 9/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

1. Occupancy of the vacation home rental shall be limited by (1) the number of paved parking spaces on the vacation home rental property as shown in Table 1 of this subsection, and (2) the number of bedrooms in the property as shown in Tables 2(a) and 2(b) of this subsection, whichever is lesser. For purposes of this subsection, occupancy shall be calculated by the number of persons present at the vacation home rental property at any given time.

Table 1. Number of Paved Parking Spaces Establishing Maximum Occupancy Number of Parking
Spaces
Maximum
Occupancy
1 4
2 8
3 12
4 16
5 20
Table 2(a). Number of Bedrooms Establishing Maximum Occupancy (Within Tourist Core Area PlanOutside Residential Areas) Number of
Bedrooms
Maximum
Occupancy
Studio 4
1 6
2 8
3 10
4 12
5 14
Table 2(b). Number of Bedrooms Establishing Maximum Occupancy (Outside Tourist Core Area PlanIn Residential Areas)
Number of
Bedrooms
Maximum
Occupancy
Studio 2
1 2
2 4
1201
South Lake Tahoe City Code Page 10/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

Number of
Bedrooms
Maximum
Occupancy
3 6
4 8
5 10
Within the tourist core area planOutside residential areas, where the maximum occupancy for a vacation home rental is based upon the number of bedrooms, occupancy of a vacation home rental with one or more bedrooms shall be calculated by multiplying the number of bedrooms by two and adding four. Outside the tourist core area planIn residential areas, where the maximum occupancy for a vacation home rental is based upon the number of bedrooms, occupancy of a vacation home rental shall be calculated by multiplying the number of bedrooms by two. For vacation home rentals with one or more bedrooms, up to five children aged 13 and under do not count towards the maximum occupancy. For studios, up to two children aged 13 and under do not count towards the maximum occupancy.

The voluntary reduction of occupancy in order to reduce fees is not permitted.

The requirements of this subsection limiting maximum occupancy based on number of parking spaces shall not apply to any vacation home rental that is within a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq.; provided, that the board of directors of the association governing the common interest development has implemented rules or regulations regarding parking for occupants of vacation home rentals within such common interest development.

B. Each parking space required for a vacation home rental permit shall remain available for vacation home rental occupants. Each parking space shall be no less than nine feet wide and 19 feet long.

C. Commercial Activity Prohibited. Vacation home rentals shall not be used for commercial activities, including, but not limited to, weddings, receptions and large parties. All occupants of the vacation home rental shall be notified of the prohibition against commercial activities prior to the reservation, rental, or lease of a vacation home rental.

D. The owner of the vacation home rental shall be responsible for compliance with all provisions of the South Lake Tahoe City Code.

E. The owner of the vacation home rental shall post a copy of the permit and a copy of the conditions set forth in this section in a conspicuous place within the vacation home rental property.

F. All marketing and advertising of the vacation home rental shall include the vacation home rental permit number issued by the city. In residential areas, all marketing and advertising of the vacation home rental shall include a statement that the property is in a residential area and is subject to enhanced regulations and enforcement to prevent disturbances and preserve neighborhood character.
1202
South Lake Tahoe City Code Page 11/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

G. The owner shall agree to and authorize the city to enter the vacation home rental for the purpose of inspections when the city has received complaints of substandard housing conditions and/or has been made aware of substandard housing conditions.

H. Use of all outdoor spas or hot tubs shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m.

I. Interior Signage. Vacation home rentals shall have a clearly visible and legible notice posted on or directly adjacent to the inside of the front door, containing the following information:

1. The name of the property manager and a telephone number enabled for text messaging at which that person may be reached on a 24-hour basis, seven days per week;

2. The maximum number of occupants for the vacation home rental;

3. The maximum number of vehicles permitted to be parked on the vacation home rental property;

4. The parking rules for seasonal snow removal;

5. The trash pickup day and notification that solid waste and recyclables shall not be left or stored on the exterior of the property except in a bear box or animal-resistant cart or container approved by the city or its franchisee under Chapter 4.150 SLTCC;

6. Notification that an occupant may be cited and fined for creating a disturbance or for violating any provision(s) of this article; and

7. Notification that failure to conform to the parking and occupancy limits of the vacation home rental is a violation of this article.

J. Exterior Signage. Vacation home rentals shall have a clearly visible and legible exterior sign, posted in a location which is visible from the adjacent right-of-way, containing the following information:

1. The name of the property manager and owner of the vacation home rental, and a telephone number at which the property manager may be reached on a 24-hour basis, seven days per week;

2. The maximum number of occupants for the vacation home rental;

3. The maximum number of vehicles permitted to be parked on the vacation home rental property;

4. The telephone number of the police department vacation home rental hotline, and the police department’s email address;

5. This section of the South Lake Tahoe City Code.

K. Parking. Occupants of vacation home rentals shall not park on areas of the vacation home rental property not designated as parking spaces or on any other private property without permission.
1203
South Lake Tahoe City Code Page 12/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

L. Noise. In addition to all noise standards set forth in the city code and TRPA Code, the use of any equipment generating noise and the use of outdoor amplified music, speakers or other amplified equipment is prohibited between the hours of 10:00 p.m. and 8:00 a.m.

M. Emergency lighting (which may consist of plug-in or permanently installed systems) shall be installed, maintained and functional within the home at all times.

N. Any lights used to illuminate a vacation home rental property shall be designed so as to not spray onto adjoining properties and adjacent rights-of-way.

O. Parking of commercial vehicle(s) on vacation home rental property, except temporarily for durations of less than four hours, shall be prohibited.

P. Records of every night for which the vacation home rental is rented, including the name and contact information of the tenant who has arranged to rent the vacation home rental, the rental rate, the number of occupants per night, and the number of vehicles, shall be maintained for a minimum period of three years before such records are discarded or destroyed. Such records shall be made available to the city within 15 business days upon written request from the city.

Q. Camping and sleeping in tents, travel trailers, campers or recreational vehicles shall not be permitted on the vacation home rental property.

R. Trash.

1. Owners are responsible for compliance with all requirements for sorting, disposal, storage, and collection of solid waste, recyclables, and yard trimmings in Chapter 4.150 SLTCC.

Solid waste and recyclables shall not be left or stored on the exterior of the property except in a container(s) within a bear box or in an animal-resistant cart or container approved by the city or its franchisee under Chapter 4.150 SLTCC. Owners are required to acquire and use an animal-resistant recycling cart within 30 days of receiving notice from the city or its franchisee that such recycling carts are available.

2. If a bear box is installed on the vacation home rental property, then all solid waste shall be stored in said bear box until collection. All bear boxes shall remain functional and maintained so as to ensure that wildlife cannot access trash. The requirements of this subsection shall not apply to any person whose vacation home rental is within a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq.; provided, that the board of directors of the association governing the common interest development has implemented rules or regulations requiring and enforcing the regular disposal of trash within such common interest development.

3. For vacation home rental properties with a bear box installed, Table 1 of this subsection establishes the number of trash cans within bear boxes required.

Table 1. Minimum Number of Trash Cans Within Bear Box
Size of Home Number of
Trash Cans
1204
South Lake Tahoe City Code Page 13/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

Size of Home Number of
Trash Cans
Less than 2,500 square feet 2
2,500 – 3,500 square feet 3
Greater than 3,500 square
feet
4 4. Vacation home rental owners and property managers shall arrange for the necessary level of trash pick-up, drop-off, or other trash removal from the property so as to ensure that no trash is left on the street, exterior of the dwelling unit, or the right-of-way.

S. Owner or authorized agent shall include the vacation home rental permit number on all contracts, rental agreements, and in any advertising or websites depicting the vacation home rental.

T. Transient Occupancy Tax. The owner of the vacation home rental shall remit all transient occupancy tax payments and comply with Article II of this chapter. The owner or agent shall report the number of room nights rented for each vacation home rental when remitting transient occupancy tax payments.

U. For properties outside the tourist core area planin residential areas, the property manager shall meet the occupants either in person or virtually to check them in at the beginning of each vacation home rental to, at a minimum:

1. Verify the identities of all responsible party(ies) entering into a vacation home rental contract; and

2. Verify that all responsible party(ies) entering into a vacation home rental contract are 25 years of age or older; and

23. Ensure that the property manager and responsible party(ies) have signed the good neighbor contract certifying that the property manager has reviewed the conditions of operation of this section with the responsible party(ies), which good neighbor contract shall be maintained for three years and made available to the city upon written request within 15 business days.

V. For properties outside the tourist core area planin residential areas, the owner shall install indoor noise and outdoor video monitoring devices to immediately alert the property manager 24 hours a day, seven days a week, of potential violations of the conditions of operation of this SLTCC 3.50.440, including those conditions of operation related to noise, trash, and parking.

The purpose of this requirement is to provide property managers with access to real-time information to allow them to prevent nuisances before neighbors are disturbed and to prevent violations of the conditions of operation.

W. For properties outside the tourist core area planin residential areas, the property manager shall provide and maintain a local contact number with 24-hour, seven days a week, availability for receiving reports of violations from the city and neighbors, and the property manager shall be 1205
South Lake Tahoe City Code Page 14/14
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025. available to respond in person within 60 minutes to such complaints, 24 hours a day, seven days a week.

3.50.450 Enforcement.

A. Any use or condition caused or permitted to exist in violation of any provision of this article shall be and hereby is declared a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or any other remedy available to the city.

B. Any use or condition caused or permitted to exist in violation of any provision of this article shall be subject to citation in an amount set forth by separate resolution of the city council.

C. The city may issue a citation based wholly or in part on photographic, video, or audio recorded evidence provided by a third party upon submission of a signed affidavit from the person who took the photograph or made the recording authenticating the evidence, if a preponderance of the evidence shows that a violation occurred.

D. Appeals of citations are subject to Chapter 2.30 SLTCC, except for any appeal of a third citation within a 24-month period resulting in revocation of a vacation home rental permit is subject to Chapter 2.35 SLTCC, and will be heard by the planning commissiona hearing officer along with the appeal of the permit revocation under SLTCC 3.50.430.

3.50.460 No property rights conferred.

Vacation home rental permits shall not be construed as providing property rights or vested interests and entitlements in continued operation of a vacation home rental. Vacation home rental permits are revocable licenses which expire annually. Vacation home rental permits shall not run with the land.
1206
South Lake Tahoe City Code Page 1/3
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

2.35.070 Appeal hearings.

The hearing officer, board, commission or council of the city shall, upon timely receipt of a notice of appeal that complies with this chapter, schedule a hearing on the appeal. The hearing officer, board, commission or council shall either (1) make findings of fact at the appeal hearing, which findings of fact are based upon the evidence submitted and determine whether grounds exist for denial of the appeal; or (2) make findings of fact after the appeal hearing and in writing, notifying the appellant of the hearing officer, board, commission, or council’s decision.

Table 2.35.070 sets forth the various appealable actions and matters as well as the officer, board, commission or council charged with the responsibility of hearing each appealable action and matter. Intermediary appeals shall be first made to the intermediary appeal officer or board.

Appeals of decisions made by the intermediary appeal officer or board may be made to the final appeal officer or board. The decision of the final appeal officer or board shall be final and may not be appealed.

Table 2.35.070: Appealable Actions and Matters
Permit or Action Type Reference Section Intermediary Appeal Officer or Board
Final Appeal
Officer or Board
Tax Determinations 3.20.060

3.20.110
Tax Collector City Council
Emergency
Communication System
Access Fee

3.30.170 Finance Director City Manager
Business and Professions
Tax and License

3.35.170

3.35.260
None City Council
Business Classification 3.35.310 Tax Collector City Council Revocation of Business
Permit by the Chief of
Police for Violation of
California Health and
Safety Section 11364.5

3.35.420 None City Manager
Transient Lodging Tax
Redetermination

3.50.130 Finance Director City Manager
Transient Lodging:

Occupancy and Permits

3.50.040 Planning Commission City Council
Vacation Home Rental
Permit

3.50.430 None Planning
CommissionHearing
Officer
Vacation Home Rental
Permit Third Citation and
Revocation

3.50.450 None Planning
CommissionHearing
Officer
1207
South Lake Tahoe City Code Page 2/3
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

Permit or Action Type Reference Section Intermediary Appeal Officer or Board
Final Appeal
Officer or Board
Animal Control Fees 4.05.080 None City Council
Massage 4.15.040 None City Council
Bingo Permit 4.20.060 None City Council
Mobile Vending Permit 4.35.080 None City Council
Alcohol Use Permit 4.70.130 None City Council
Escort Permit Grant,
Denial, Suspension or
Revocation

4.70.200 City Manager City Council
Private Patrol Permit 4.140.090 None City Council
False Alarm Permit 4.145.070 None City Manager
Refuse and Garbage 4.150.025 None City Council
Taxicab Suspension or
Revocation of Permit

4.155.110 None City Manager
Cannabis Public Safety
License

4.180.050 None City Council
Hazardous Vegetation
and Defensible Space

5.30.100 None Hearing Officer
Land Use Development
Standards

6.10.090

6.10.250
See 6.10.090 Table 1 See 6.10.090
Table 1
Housing: Unit
Determination

6.25.080 None City Council
Multifamily Dwelling
Inspection and
Maintenance Program

6.30.170 None Building Board of
Appeals
Plan Line Setback:

Building Permit

6.35.060 None Planning
Commission
Signs 6.40.270 Planning Commission City Council
Trees 6.50.040

6.50.180
None City Council
Condominium
Conversion

6.55.210 Planning Commission City Council
Use Permit and Variances 6.55.220

6.55.580

6.55.590
Planning Commission City Council
Special Events and 6.55.230 Planning Commission City Council 1208
South Lake Tahoe City Code Page 3/3
The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

Permit or Action Type Reference Section Intermediary Appeal Officer or Board
Final Appeal
Officer or Board
Temporary Use Permit
Hosted Rental Permit 6.55.295 None Planning
Commission
Cannabis Use Permit 6.55.770 None City Council
Floodplain Management 6.65.160 None City Council
Mobile Vending Location 6.70.060 Planning Commission City Council Wireless Facility Permits 6.75.040

6.75.080
Planning Commission City Council
Urban Runoff and Storm
Water Quality Violations

7.15.180 Public Works Director City Council
Grading, Erosion, and
Sediment Control
Decisions

7.20.260 None Public Works
Director
1209

NOTICE OF A PUBLIC HEARING

CITY OF SOUTH LAKE TAHOE CITY COUNCIL
NOTICE IS HEREBY GIVEN that in accordance with Sections 65090, 65091, and 65854 (Planning and Zoning Law) of the Government Code: the City of South Lake Tahoe City Council will conduct a public hearing on March 10, 2026 at 9:00 a.m., or as soon thereafter as possible, in the City Council Chambers, 1901 Lisa Maloff Way, South Lake Tahoe Airport, to consider the following:

First Reading of Vacation Home Rental (VHR) Ordinance Amendment, City Code Article V of Chapter 3.50, and finding that the Ordinance Amendment is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance Amendments may have a significant effect on the environment and section 15308 because it is amending a regulatory process to protect the environment.

Summary: City Council will consider holding a first reading (by title only) of this ordinance to make the following amendments to the VHR provisions in the South Lake Tahoe City Code:
150-foot buffer is replaced with a cap of no more than 900 VHR permits in residential areas; a minimum age of 25 is established to rent a VHR; attached condominiums are allowed to get VHR permits unless the applicable homeowners association rules prohibit VHRs; requires advertising platforms to include “family friendly” language for VHRs in residential areas; appeals of permit denials go to an independent hearing officer instead of the Planning Commission; commercial and recreational areas are regulated with rules applicable to the Tourist Core Area Plan; and room night reporting is required.

If a first reading is held, second reading and adoption would be on the agenda for the City Council meeting of March 24, 2026. The proposed ordinance does not amend or change any zoning designation within the city.

Any interested person may appear at the public hearing and present written testimony or speak in favor or against the project proposal. Pursuant to Government Code Section 65009(b)(2), if you challenge the above application in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the South Lake Tahoe City Council at, or prior to, the public hearing. Written testimony may be addressed to the City Council in care of the City Clerk to [email protected] or mailed to 1901 Lisa Maloff Way, Suite 206, South Lake Tahoe, CA 96150.

City Council agendas and related staff reports are available at least 72 hours in advance of regular meetings on the City Council page of the City’s website www.cityofslt.us or by contacting the City Clerk.
1210
City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, Interim City Manager
__________________________________
Meeting Date: March 10, 2026
Agenda Item #:14
Agenda Item:

Closeout of Community Development Block Grant Program Coronavirus Response Funding for Tahoe Coalition for the Homeless Bears Den Inn Rehabilitation Executive Summary: On April 20, 2021, the City Council adopted Resolution 2021-021 authorizing an application for CDBG CV 2/3 funding in the amount of $505,632 for rehabilitation work on the Bears Den Inn Property (2250 Lake Tahoe Blvd) and to execute the Standard Agreement. The Bears Den Inn property was purchased by the Tahoe Coalition for the Homeless (TCH) with State of California Project Homekey Program funds to provide housing for persons experiencing or at risk of homelessness.

Subsequently, the City Council adoption of Resolution 2022-003 on January 4, 2022, authorizing the Subrecipient Agreement with Tahoe Coalition for the Homeless to administer funding and execute the scope of work for rehabilitation of the Bears Den Inn property. On September 10, 2024, City Council adopted Resolution 2024-096 approving an amendment to the Standard Agreement issued under the 2020 Community Development Block Grant Program Coronavirus Response (CDBG-CV). The amendment extended the grant period until 3/31/2026 and to increase the total grant amount with a contingency line item to increase the grant award an additional $1,286,038.00. The CDBG-CV 2 and 3 grant program closes on March 31, 2026. HCD requires closeout activities to be noticed and presented at a public hearing.

Requested Action / Suggested Motions: Pass a Motion authorizing staff to submit required documents for closeout to the California Housing and Community Development Department for the Community Development Block Grant Coronavirus (CDBG-CV) Agreement 20-CDBGCV2-3-00274.

Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01 - Staff Report - CDBG Closeout.docx
02 - Presentation_BearsDen_CDBG Closeout.pptx
03 - Bears Den Property Needs Assessment.pdf
04 - Standard Agreement_20-CDBG-CV2-3-00274.pdf
05 - Tribune_PublicNoticeProof_March10CC.pdf
1211
Council Agenda Report March 10, 2026 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: March 10, 2026
Title: Public Hearing of Closeout of Community Development Block Grant Program Coronavirus Response Funding for Tahoe Coalition for the Homeless Bears Den Inn Rehabilitation Location: 2250 Lake Tahoe Blvd (Bear’s Den Inn)
Responsible Staff Members: Jessica Wackenhut Lomeli, Housing Manager Background: The California Department of Housing and Community Development (HCD) receives funding from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program and allocates funds to CDBG eligible non-entitlement jurisdictions (such as City of South Lake Tahoe). Authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, approximately $71.2 million in CDBG coronavirus response rounds 2 and 3 (CDBG-CV 2/3) federal funds has been allocated to eligible jurisdictions in California to perform activities related to COVID-19 response and recovery.

On April 20, 2021 the City Council adopted Resolution 2021-021 authorizing an application for CDBG CV 2/3 funding in the amount of $505,632 for rehabilitation work on the Bears Den Inn Property (2250 Lake Tahoe Blvd) and to execute the Standard Agreement. The Bears Den Inn property was purchased by the Tahoe Coalition for the Homeless (TCH) with State of California Project Homekey Program funds to provide housing for persons experiencing or at risk of homelessness. Subsequently, the City Council adoption of Resolution 2022-003 on January 4, 2022, authorized the Subrecipient Agreement with Tahoe Coalition for the Homeless to administer funding and execute the scope of work for rehabilitation of the Bears Den Inn property (2250 Lake Tahoe Blvd). On June 20, 2023, Amendment Number 1 was made to the Subrecipient Agreement between the City of South Lake Tahoe and Tahoe Coalition for the Homeless to extend the time of performance to October 1, 2024.

On November 15, 2023, HCD informed current CDBG-CV grantees that a small amount of unclaimed funding was available for construction projects that have experienced unanticipated cost increases that can be substantiated and documented. Funding was not guaranteed but unclaimed funds were to be reallocated to construction projects per the following priorities:

1. Tribal awards for construction projects including CDBG-CV 2/3 Tribal Set-Aside and Homekey awards made to Tribes with documented increased project costs and demonstrated financial gap;

2. Non-Tribal Homekey construction projects with documented increased project cost and demonstrated financial gap;

3. All other CDBG-CV construction projects with documented increased project cost and demonstrated financial gap.

On January 9, 2024, City Council adopted Resolution 2024-005 approving an amendment to the Standard Agreement issued under the 2020 Community Development Block Grant Program Coronavirus Response (CDBG-CV) to request additional funding in the amount of $632,040. This 1212
Council Agenda Report March 10, 2026 Page 2 of 4
amount which was the required cap by HCD of up to a 25 percent increase to their award resulting in a maximum award of 125 percent of their original application. However, on January 8th, staff received an email that HCD changed the stipulations to allow current CDBG-CV 2/3 construction project grantees to request all funding needed to fill project gaps with no maximum award.

On February 13, 2024, City Council adopted Resolution 2024-020 approving an amendment to the Standard Agreement issued under the 2020 Community Development Block Grant Program Coronavirus Response (CDBG-CV). On August 8th, staff received an email that HCD was recommending and allowing an additional budget line item to add a ten percent contingency to reconcile additional issues and costs that may arise in the property through rehabilitation.

On August 1, 2024, HCD authorized the City to extend the grant period until 3/31/2026 due to the limited time frame for construction activities. On August 8th, the City was notified to include a 10% contingency line item to allow for any increases in costs or unanticipated construction needs that arise in the project, therefore, increasing the grant amount allowed in Resolution 2024-020.

Grantees with qualifying CDBG-CV construction projects submitted the requested additional documentation on August 15, 2024, that included the increased grant award, to process the amendment request. The total amount requested is $1,286,038.00 to complete the rehabilitation of the Bear’s Den property. On September 10, 2024, City Council adopted Resolution 2024-096 approving an amendment to the Standard Agreement issued under the 2020 Community Development Block Grant Program Coronavirus Response (CDBG-CV). The amendment extended the grant period until 3/31/2026 and to increase the total grant amount with a contingency line item to increase the grant award an additional $1,286,038.00. This brought the total grant funding to $1,791,670.

Issue and Discussion: The CDBG-CV 2 and 3 grant program closes on March 31, 2026. HCD requires closeout activities to be noticed and presented at a public hearing. The Scope of Work for the Bear’s Den Inn rehabilitation project has drastically shifted since the purchase of the property in 2020 by Tahoe Coalition for the Homeless. This project required close coordination, adaptability to changing conditions and new discoveries, and constant problem solving to get a property built in 1960 under the 1958 Universal Building Code to the 2022 Commercial Building Code standards.

TCH purchased the three properties with Project Homekey funds from the State of California. The California Department of General Services (DGS) create a Physical Needs Assessment Report for the property with the required upgrades on December 31, 2020 (Attachment 3). Tahoe Coalition for the Homeless acquired the property in late 2020 but were unable to access the property until Spring 2022 due to a pre-negotiated lease for employee housing by the previous property owner.

Discovery on the property began in Spring 2022 when all tenants vacated the property. Despite the DGS report, there were unforeseen challenges and damage related to property upgrades since in 2020, DGS was not able to enter all units of the property. Securing labor that qualified for participation in a federally funded rehabilitation grant, the relatively small scale of the project and short building season in Tahoe, created delays and required problem solving to meet grant requirements and compliance standards.

The 2022-2023 Winter season threw the project for an additional diversion from the scope of work and project timeline. Similar to many other properties during the winter of 2022-2023, the project experienced extensive damage to the plumbing system, flooding several rooms, and created additional work. On-site snow storage also inhibited adequate staging and workspace.

The Bear’s Den Inn rehabilitation project exemplifies the idiomatic metaphor of fitting a round peg in a square hole. The age of the building, conversion from a motel to multifamily property, regional 1213
Council Agenda Report March 10, 2026 Page 3 of 4
regulations and grant compliance and requirements required a coordinated approach to deliver a successful project. The project is close to receiving a Certificate of Occupancy for the entire 22- unit property, but twelve units have received their Temporary Certificate of Occupancy. During the grant period, thirty clients were served, surpassing the grant outcome of 22 clients. Below is a list of some of the accomplishments completed with this funding:
 Accessibility of parking, path of travel, and main lobby, including removing and replacing asphalt;
 Survey and Civil engineering to design best management practices;  Renovations to equip two units with accessible mobility features, of which at least one will include accessible communication features;
 Electrical upgrades necessary to install fire/life safety improvements;  Wired 10-year tamper-proof carbon monoxide and smoke detections combination units in all residential units;
 Fire alarm panel installation;
 Repair water and termite damage;
 General demolition including illegal addition along highway 50;  Bathroom exhaust fans;
 Replacement of water heaters;
 Complete replacement and waterproofing of building exterior;  Conducted lead and asbestos assessments and abatement;  Removal of existing commercial motel sign fascia and pylon.

The public hearing notice was published in the Tahoe Daily Tribune on February 27, 2026. In Addition, the notice was also posted on the City Hall and Development Services bulletin board on February 27, 2026. Tahoe Coalition for the Homeless was notified of the meeting.

The purpose of this public hearing is to provide a support summarizing the accomplishments performed under the Community Development Block Grant Program Coronavirus Response (CDBG-CV) Agreement 20-CDBG-CV2-3-00274 (Attachment 4). Staff will conduct the public hearing to solicit public input regarding expenditures and accomplishments of the funding received under the contract. Staff is recommending that City Council direct staff to proceed with submitting required documents for closeout to the state.

Financial Implications: The total grant funds spent by TCH are $1,526,896.38, with a remaining balance of $264,773.62 as of February 23, 2026.

Environmental Considerations: The proposed project that would use grant funds is categorically exempt from environmental review under CEQA Guidelines Section 15301, Existing Facilities, which exempts “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use” including “restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.”
The project qualifies for a National Environmental Policy Act (NEPA) Categorical Exclusion pursuant to 24 CFR 58.35(a). The City completed required documentation and public noticing in compliance with NEPA as part of the grant application.
1214
Council Agenda Report March 10, 2026 Page 4 of 4
Policy Implications: This action would be consistent with an existing Memorandum of Understanding between the City and TCH where both parties agreed to seek to identify opportunities to develop shared strategies to prevent and reduce homelessness experienced by South Lake Tahoe residents and committed to jointly reviewing funding opportunities available to bring financial resources to our community which serve the priorities of the City.

The recommended action is also consistent with the following adopted policies and programs:

City Strategic Plan
Action Item 1.10 Continue to work with the Tahoe Coalition for the Homeless to rehabilitate properties purchased through Project Homekey.

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 4-2 The City shall work with surrounding jurisdictions to address the causes of homelessness and the needs of transient homeless persons on a regional basis. The City shall support TCH and El Dorado County Community Services and in its countywide programs address the needs of homeless persons.

Policy 4-4 The City shall provide priority permit processing of projects that are targeted toward special-needs groups, such as seniors, the disabled (including the developmentally disabled), and the homeless, including priority for building plan check, subdivision map review, improvement plans for roadways and utilities, and environmental impact analysis. 1215
City Council
March 10, 2026
1 Public Hearing Regarding Closeout of Community
Development Block Grant Coronavirus Contract
1216
Bear’s Den Inn – 2250 Lake Tahoe Blvd.
2 1217
Bear’s Den Inn – 2250 Lake Tahoe Blvd.
3 • $505,632 awarded for rehabilitation in April 2021 for 22 units • $1,286,038 additional award for rehab in August 2024
• Total grant funding for rehabilitation: $1,791,670
• 30 clients served with 12 units with Temporary Certificate of Occupancy 1218
Bear’s Den Inn – 2250 Lake Tahoe Blvd.
4 • Accessibility of parking, path of travel, and main lobby, including removing and replacing asphalt; • Survey and Civil engineering to design best management practices; • Renovations to equip two units with accessible mobility features, of which at least one will include accessible communication features;
• Electrical upgrades necessary to install fire/life safety improvements; • Wired 10-year tamper-proof carbon monoxide and smoke detections combination units in all residential units;
• Fire alarm panel installation;
• Repair water and termite damage;
• General demolition including illegal addition along highway 50; • Bathroom exhaust fans;
• Replacement of water heaters;
• Complete replacement and waterproofing of building exterior; • Conducted lead and asbestos assessments and abatement; • Removal of existing commercial motel sign fascia and pylon. 1219
5 1220
6 1221
7 1222
8 1223
9 1224
10 1225
11 1226
12 1227
13 1228
14 1229
15 1230
16 1231
17 1232
QUESTIONS?
18 1233
000000000007787 Bears Den, South Lake Tahoe -1- 12/31/20 State of California  Department of General Services 
Gavin Newsom, Governor

REAL ESTATE SERVICES DIVISION
Project Management and Development Branch
Architecture and Engineering Sections
707 Third St., Suite 4-105  West Sacramento,
California 95605-2811

PHYSICAL NEEDS ASSESSMENT REPORT
Date: December 31, 2020
To: Cheyenne Purrington, Executive Director
Tahoe Coalition for the Homeless
From: Athanasios Yiaslas, Associate Architect
Subject: Project Homekey
Bears Den Inn, 2250 Lake Tahoe Blvd
South Lake Tahoe, CA
Project #: 000000000007787

Date of Site Visit: 8/28/2020
Contributors: Rudy Oineza DGS Civil
Janine Juliff DGS Mechanical
Michael Prince DGS Electrical
Anand Kalidindi DGS Structural
Lori LaRocca DGS Estimating
Purpose and Project Description
Project Homekey is being funded by state grants of federal CARES Act funds as part of the response to COVID-19. The purpose of this assessment is to evaluate this motel for use as interim and permanent supportive housing for individuals or families experiencing homelessness.

Assumptions
1) Existing hotel was designed as H occupancy, under the 1958 UBC. Renovation to meet the City of South Lake Tahoe SRO program requirements (https://cityofslt.us/813/Single-Room-Occupancy-Ordinance) was started but not completed.
2) Building is Type V-N construction, under the 1958 UBC. 3) Gypsum board Type X is not used.
4) Hotel was built without fire-rated separation walls
5) Local jurisdiction has not declared a shelter crisis under GC 8698 6) The project will not engage a developer.
7) The project will initially be interim supportive housing, transitioning to permanent supportive housing after 2-5 years.
8) Permanent supportive housing is assumed to not include “personal care services”, thus Occupancy Group R-2
1234
000000000007787 Bears Den, South Lake Tahoe -2- 12/31/20 Our team was able to investigate the common areas of property, guest rooms, the manager’s apartment and building systems. During our time on site the hotel was partially occupied, and we viewed four guest rooms and the manager’s unit. We were not able to verify our assumptions with a complete set of construction documents.

Therefore, there may be differences between our assumptions and the actual conditions of the building.

Facility Summary
1) Assessor’s Parcel Number: 023-251-301-000
2) Year Built: 1960
3) Number of stories: 2 at front building, 1 at guest rooms 4) Number of guest rooms: 23 and one manager’s unit. There is also a restaurant with residential unit above on the parcel but not surveyed. 5) Occupancy unknown
6) Number of accessible rooms: 1
a. Mobility accessible: 1 (4%)
b. Communications accessible: 0 (0%)
c. Mobility rooms w/ roll-in showers: 1 (4%)
7) Number of adjoining rooms: None
8) Amenities: None, there was previously a swimming pool but has been filled in.
9) Type of construction Type V-N assumed
10) Number of Elevators: None
11) Fire sprinklers: None
12) Fire alarm system: None
Project Strategy
The project team identified five potential levels of improvements, depending on need and available funding.
 Tier 1 would ensure the minimum improvements for the project to meet current building codes accessibility requirements and serve as interim supportive housing for Project Homekey. Project Homekey will trigger requirements to provide enough mobility accessible units to meet at least 5% of the total, plus 2% with communications features. Improvements to the accessible path of travel (including lobbies, public restrooms, etc.) will also be required to meet current ADA and CBC Chapter 11B requirements.
 Tier 2 would implement further improvements to allow for use as permanent supportive housing. These improvements include providing cooking facilities in each dwelling unit per CBC Section 1207.4.3, as well as minimum space standards of 220 SF for the main living space per CBC Section 1207.4.1 (which the California Health and Safety Code (HSC 17958.1) permits to be reduced to 150 SF for efficiency dwelling units if so allowed by local ordinance).
 Tier 2A includes those items that fall under the tax credit project, “Minimum Construction Standards”, according to California Tax Credit Allocation Committee (CTCAC) such as 10% mobility accessible units and 4% with communication features. Tier 2A work is required only if TCH hires a developer who employs tax credit financing as part of the funding strategy.
1235
000000000007787 Bears Den, South Lake Tahoe -3- 12/31/20  Tier 3 would add those items to the scope that are recommended fire and life safety improvements required to bring the building up to current building code standards as well as those needed to ensure the functionality of the facility and bring it to a state of good repair (for a minimum 10-year remaining useful life of any building elements).
 Tier 4 would convert the income-producing areas (the leased office space at the north, and the restaurant at the west) into program space. Tier 4 is not fully described or estimated since we were unable to view those spaces.

While the guest rooms are small, the most feasible means of providing permanent housing is to complete the previous SRO conversion work, which generally added a small kitchenette in front of the bathroom. The small unit size also limits the maximum number of occupants per the city’s SRO ordinance to 2 per unit (3 per unit for Rooms 1 and 16).

Cost Estimate Summary
Construction cost estimates are provided as a partial basis to evaluate the financial feasibility of a project at this location. The costs below are “hard costs” only and include general conditions, bonds, general contractor’s profit and overhead, and a contingency for level of design. At this conceptual stage a 30% contingency was included. See Appendix E for the detailed construction cost estimate.

Table 1: Construction Cost Estimates
Tier Cost per Unit Total
Tier 1 (25 units) $3,070 $76,757
Tier 2 (24 units) $32,628 $783,071
Tier 2A (23 units) $2,949 $58,975
Tier 3 (23 units) $27,453 $631,409
TOTAL $67,400 $1,550,211
Table 1 shows the estimated construction (“hard”) costs per unit to bring each sample property up to each of the 3 tiers of service described above. Excludes: Property acquisition, financing, professional fees, permits and entitlements, operating reserve, and other soft costs.

Please note that some of the work in earlier tiers is prerequisite to the higher tier work.

Thus it is not necessarily possible to skip some of the Tier 2 work in a Tier 3 project.

Tier 2A is required only if tax credit financing is used. Tier 2A requires the energy efficiency tasks from Tier 3 (costing $249,309) to be advanced, for a cumulative cost of $1,168,112 through Tier 2A,though that does not change the total. The total cost without Tier 2A is $1,550,211 - 58,975 = $1,491,236.

None of the above cost estimates include converting the leased office space or the restaurant into program space, since those spaces were not able to be surveyed by the team.
1236
000000000007787 Bears Den, South Lake Tahoe -4- 12/31/20 c: David Solomon, Supervising Architect, Department of General Services Sasha Wisotsky, Data & Research Unit Chief, Housing Policy Division, Department of Housing and Community Development
Stephen Block, Project Homekey Ambassador, Department of Housing and Community Development

APPENDICES
Appendix A: Motel Room Map
Appendix B: Existing Conditions Survey
Appendix C: Motel Conversion Issues
Appendix D: Applicable Code Sections for R-1 Conversion to R-2 Occupancy Appendix E: Project Homekey Conceptual Programming Estimate 1237
000000000007787 Bears Den, South Lake Tahoe -5- 12/31/20 APPENDIX A: MOTEL ROOM MAP
1238
000000000007787 Bears Den, South Lake Tahoe -6- 12/31/20 APPENDIX B: EXISTING CONDITIONS SURVEY
Site/Location
1) Site/Location
The site is located at the intersection of Lake Tahoe Boulevard and Tahoe Keys Boulevard. The property is a square shaped parcel fronting Lake Tahoe Boulevard.

The property is bounded by Barton Avenue at the southeast. It is fenced at the north, south and east sides. The property line is presumed to coincide with the existing fence line.

The neighboring areas include good vehicle and pedestrian access to convenience stores, gas stations, and restaurants. There are bus stops east and west of the site Lake Tahoe Blvd. There is a restaurant on site.
2) Asphalt Pavement
The asphalt pavement is in poor condition; approximately 75% of the asphalt is exhibiting alligator cracking. This type of cracking usually indicates failed subgrade caused by water seeping into the underlying soil.

The areas exhibiting alligator cracking needs to be removed and replaced. In areas that are not replaced, the cracks should be sealed or repaired and then apply an asphalt overlay to maintain a 20 to 30-year life cycle. There are at least four large potholes.
3) FEMA Flood Map
The site is within FEMA Area of Minimal Flood Hazard Zone X. 4) Site Utilities:
a. There is one fire hydrant located at the intersection of Lake Tahoe Boulevard and Tahoe Keys Boulevard.
b. There is water service to the site but the meter could not be found. c. Irrigation system was not observed.
d. Gas service is at the motel but the gas meter could not be found. There is a gas meter at the restaurant.
e. Underground sewer.
f. Surface storm drain: The site drains to the street. There is an area where water appears to pond on both sides of the pedestrian ramp by the building office.
g. Underground Electric: The electric service appears to be a drop from an electric pole at the northeast corner of the property.
5) Sidewalks and Pathways:

The surrounding walks are adequately paved at 4-feet wide mostly 2% or less. A section of walkway exceeds 2% slope and will require replacement.

The concrete ramp leading to the office is degraded. Remove loose concrete and resurface the ramp remove irregularities.
1239
000000000007787 Bears Den, South Lake Tahoe -7- 12/31/20 6) Accessibility Barriers:
a. There is a 2” lip where the asphalt meets the walkways in front of all the rooms; the CBC only allows 1/4” lip or a 1/2” lip that is chamfered. b. There is a section of walkway the exceeds 2% cross slope the needs to be repaired.
c. The southwest side there is a ramp that does not have handrails. The ramp also needs a level landing.
d. The handrail returns are not level and it needs to be corrected. e. The concrete ramp leading to the office is degraded. Remove loose concrete and resurface to the ramp to remove irregularities.
7) Street entry: Entry is through two driveways off Lake Tahoe Blvd. 8) Adjacent properties:
a. West: Highway 50
b. North: Chase International Real Estate
c. East: The Bar - Barre, Pilates & Kickboxing Studio, Lake Tahoe Cakes, and various other businesses.
d. Southeast: Steamers Bar & Grill
9) Local public services:
a. Library: El Dorado County Library | South Lake Tahoe Branch, 1000 Rufus Allen Blvd, South Lake Tahoe, CA 96150 (4.6 miles) b. Grocery store: Grocery Outlet Bargain Market, 2358 Lake Tahoe Blvd, South Lake Tahoe, CA 96150 (0.2 miles)
c. Pharmacy: Tahoe Valley Pharmacy, 2074 Lake Tahoe Blvd, South Lake Tahoe, CA 96150 (0.4 miles)
d. Public park: Bonanza Community Park, South Lake Tahoe, CA 96150 (1.6 miles)
e. Medical clinic: Barton Memorial Hospital, 2170 South Ave, South Lake Tahoe, CA 96150 (0.5 miles)
f. Senior center: Tahoe Senior Plaza, 1101 3rd St, South Lake Tahoe, CA 96150 (0.4 miles)
g. Social services: El Dorado County Social Services, 3368 Sandy Way, South Lake Tahoe, CA 96150 (2.6 miles)
h. Transit: US50/Tahoe Keys Blvd. (0.1 miles)
6) Site security:

The site is not secured. A single point of access could be secured by addition of vehicular and pedestrian gates. The property is fenced on the northeast and southeast with wood fence like residential fencing. Along the southwest side is decorative metal picket fence.

The fences are in good condition, but a section needs to be repaired at the northeast side. Fencing meeting program requirements, vehicle gates and pedestrian gates will be required at the perimeter of the property to secure the site. 7) Parking:

There are 28 total parking stalls of which 2 are identified as Van Accessible. There are 4 parking stalls serving the restaurant and 24 parking stalls serving the motel. 1240
000000000007787 Bears Den, South Lake Tahoe -8- 12/31/20 The accessible stall near the restaurant is not CBC compliant; the painted pavement markings need to be refreshed.

The existing facility has 25 units of which one is identified as “accessible.” Converting the units from transient to permanent housing will require 2 units to be identified as “mobility accessible” and will require 50 parking stalls (2 stalls/ unit) to meet the South Lake Tahoe parking requirements plus 2 parking stalls for employees. See South Lake Tahoe City Code Section 6.10.410 Parking Ratios.

An accessible parking stall is needed for each “mobility accessible” unit; therefore, 2 accessible parking stalls are required for residents plus 1 accessible parking stall for the employees. Additional parking per the CBC requires 2% of the stalls above residential unit count to be accessible, for an additional 1 stall.

Converting the units from transient to permanent housing (Tier 2) will therefore require 52 parking stalls with 4 accessible parking stalls. The site is not large enough to accommodate that many parking stalls. The applicant may need to prepare a parking analysis and obtain a Use Permit from the City of South Lake Tahoe to accommodate the intended use with less than the required amount of parking. The process to reduce the required parking is set forth in Section 6.10.350 Alternatives of the South Lake Tahoe City Code
(https://www.codepublishing.com/CA/SouthLakeTahoe/#!/SouthLakeTahoe06/South LakeTahoe0610.html#6.10.350).

Applying tax credit funding (Tier 3) will increase the number of accessible units and therefore the number of accessible stalls by 1, to 5 required. The total number of units would decrease to 23, reducing the total number of parking stalls to 48. 8) Swimming Pool: The pool been filled in. There is a fence along one side. 9) Trash Enclosure:

There are two trash dumpsters and a waste oil dumpster located near the restaurant.
10) Potential Hazards:
a. Dead tree branches falling.
b. Water ponding near ramp leading to the building office. c. There is what’s presumed to be flooring of a storage building that has been removed. The flooring is deteriorated which may pose a safety problem for the tenants.
d. In the back and side yard, there are holes in the ground that need to be filled in.
11) Landscape:

The landscape appears to be in good condition. Irrigation to the landscaping was not found.

1241
000000000007787 Bears Den, South Lake Tahoe -9- 12/31/20 Building Exterior and Structure
1) Configuration: The property has five buildings arranged in a “U” around a central parking lot.
a) Reception/Office Building on the north is two story, includes the motel office, managers unit, and a one story addition which is leased office space. b) Building A (along the northeast property line) is one story, contains guest rooms and the leased office space, and is single loaded with exterior walkway on the parking lot (southwest) side. It appears to have been built separately but at an unknown time a hallway was enclosed, joining it to the Reception/Office Building. c) Building B (along the southeast property line) is one story, contains guest rooms and is single loaded with exterior walkway on the parking lot (northwest) side. It appears to have been built separately but at an unknown time a hallway, storage, and laundry room were enclosed, joining it to the East Building. An addition to the east appears to have existed in the past but collapsed and only flooring remains. d) Building C (along the southwest property line) is one story, contains guest rooms and is single loaded with exterior walkway on the parking lot (northeast) side. e) The Restaurant Building is two story, and contains a restaurant downstairs and a residential unit upstairs. This building was not surveyed. 2) Circulation:
a) All guest rooms are accessed directly from the exterior. The manager’s unit is adjacent to the office, with interior stairs down to the hallway between the Reception/Office Building and Building A.
b) This building has 1 set of stairs, no dead ends.
3) Roofing:
a) Buildings have asphalt shingle roof, with attic (the attic was not accessible for inspection).
b) North office addition has a low-slope, modified bituminous membrane, apparently torch or mop-applied, over wood framing. This roof does not appear to have an attic.
4) Wall materials appear to be wood siding over wood framing, with some areas of brick wainscot.
5) Wood fascia and trim is deteriorating and generally needs repainting to prevent dry rot.
6) Siding on the back sides of buildings is deteriorated and require replacement.

Building Interior
1) Office area:
a) The office area is a room connected to the manager’s apartment. 2) Circulation
a) Each guest room door has a concrete step up, varies approx. 2” - 4” at guest room doors. Accessible unit has small ramp (door landing is missing). 3) Guest Rooms
a) Types
i. Standard 1 bed unit (20 units) – approx. 200sf
ii. Large 1 bed units (2 units) – approx. 280sf
iii. Accessible 1 bed unit (1 unit) - approx. 200sf
1242
000000000007787 Bears Den, South Lake Tahoe -10- 12/31/20 iv. Managers 2 Bedroom unit – (1 unit) – approx. 550sf
b) Guest Room Condition: Varies: Poor to Good
i. Doors: Existing doors are solid core, paint grade; not fire rated ii. Finishes: Wood laminate floor, wood wall base, painted textured gypsum wallboard walls and ceilings (some rooms have wood panel walls). Ceramic or laminate tile restroom floors and fiberglass shower walls (a few units have bathtubs).
c) Kitchenettes:
i. About 2/3 of the guest rooms have existing kitchenettes with microwave on shelf above, sink, probably 30” of counterspace to one side of the sink, and minifridge underneath. There is a kitchenette in the accessible unit but that kitchenette does not meet accessibility requirements. The larger units had a nearly full-size kitchen (with stove top and full-size refrigerator). The kitchenettes do not appear to be code compliant (mostly due to microwave and refrigerator being plugged into general room receptacles). ii. Adding kitchenettes to the remaining (~8) units will be constrained:

1. Plumbing and mechanical: All water piping, sewer, vent piping, natural gas, and exhaust ducts currently are directly routed out of the back of the building.

2. Electrical capacity: Refrigerators and ranges each require a separate circuit, which will potentially double or triple the number of circuits (and circuit breakers) required.
d) Bathroom
i. Each non-accessible room has a lavatory, water closet and shower typical (some units have bathtubs).
4) Utility/Support spaces
a) Electrical: Several electrical services were observed on east side of buildings with 200amp switchboard and circuit breaker panel board. b) Mechanical: The hot water heater is located in mechanical closets. c) Communications: Data rack was not found. Building has wifi with exterior antenna.
d) Housekeeping Laundry:
i. 1 washer
ii. 1 dryer
Structural:

The FEMA 154 Rapid visual screening process was used to determine if the buildings require a detailed seismic evaluation such as ASCE 41-17, Tier 1, 2 & 3. A building with a score of 2.0 or greater is said to pass the rapid review program and deemed less vulnerable for a seismic attack.

This facility is a light-framed wood construction comprising of four separate building blocks, a “L” shaped main block and three other independent blocks constructed circa 1960. The “L” block is comprised of a partial two-story portion (the Reception/Office Building) in combination with a single-story for Building A, with pre-existing vertical and horizontal structural irregularities. The vertical irregularity exists between two-story and one-story interface (vertical setback); and the horizontal irregularity is the reentrant corner of the “L”. The Restaurant Building also has a vertical irregularity between the 1243
000000000007787 Bears Den, South Lake Tahoe -11- 12/31/20 single-story and two-story portions. These irregularities would essentially penalize and reduce the score. The other independent blocks are single-story buildings and do not have any structural irregularities except natural deterioration due to the age of the buildings.

Per USGS/ASCE seismic design parameters, this site has an expected short period (Ss) acceleration of 1.381g. Thus, this site is deemed to have a High seismicity per ASCE FEMA P-154. Due to the existing vertical and horizontal irregularities of the “L” shaped main block, the building would receive a score of 2.1 on the FEMA Raid Review.

Similarly, the independent building blocks would also receive a cut score of 3.5 and pass the FEMA Rapid review process because the scores surpass the suggested cutscore of 2.0. A detailed structural evaluation may not be necessary for all these buildings. However, it is still recommended that the following items must be verified because the building codes have changed since these buildings were originally constructed.
 Verify the requirements of collectors/straps at the vertical setback between the two-story and one-story portions of the main “L” shaped block and the Restaurant Building.
 Verify the roof supporting structure and walkway support beam for the Building C for its structural integrity. The roof was observed to be sagging.  Natural deterioration of all the buildings due to their age.

Note: A comprehensive study has not been conducted due to the unavailability of asbuilts.

Heating and Ventilation:

The Bears Den Motel has 22 guest rooms, both single bed and double bed units; and 1 accessible room. The manager’s apartment has 2 bedrooms, 2 bathrooms, and a full kitchen that contains a refrigerator, double compartment kitchen sink, dishwasher, gas oven/stove top with hood. It also has a fireplace. It has a commercial washer and a commercial Speed Queen dryer for the motel’s use.

There is 1 gas HVAC unit located in a mechanical closet in the managers apartment that heats that unit. The guest rooms located on the property are heated by wall furnaces of varying types and age. Outside air is also provided by operable windows.

The restrooms have operable windows; some rooms have exhaust fans.

Plumbing:

Domestic hot water is supplied by the three 100-gallon natural gas-fired water heaters located along the back walls. The water heaters supply hot water to the guest rooms, laundry room and the managers apartment. The water heaters are of varying models and age, they appear to be in good condition. There is a recirculation pump at each water heater.

Restrooms have a lavatory within the restroom. Each restroom contains 1 water closet and 1 shower. Restroom water closets are not compliant with current water saving codes. ADA compliant fixtures are needed for the showers. 1244
000000000007787 Bears Den, South Lake Tahoe -12- 12/31/20 The laundry facility is for motel use only. It consists of 1 Speed Queen Commercial washer and a gas dryer that vents through the wall. There was no vent duct. No water softener or laundry treatment system. There is a mop sink.

Fire Protection:

The building does not have a Fire Sprinkler System. Each guest room has a Smoke Detector. The motel does not have Carbon Monoxide detectors. There are Fire Extinguishers on the exterior of the building.

Electrical:
1) Electrical Service and Distribution:
a) Multiple meter and main electrical services, on east side of buildings. b) Typically, 20 amp circuit breaker (General) power and 20 amp circuit breaker (lighting) shared with 2 or 3 guest rooms from sub panel. Inside the guest room has TV and telephone outlets, wall and ceiling mounted lighting, receptacles, and smoke detector.

2) Emergency Generator: None

3) Site lighting:
a) Fixtures are mounted to the buildings.
4) Telecommunications:
a. Telephone and cable run along the back of the buildings (utility poles on East side).
b. Wi-Fi antennas installed along front walkway.

5) Fire Alarm:
a. None

6) Security:
a. Security system with CCTV are used to monitor the facility b. Cameras around the building
Major Building Alterations:

Buildings generally appear to be original construction, with additions built at the north and east. No additional building, permit, or alteration information was provided to verify code compliance.

1245
000000000007787 Bears Den, South Lake Tahoe -13- 12/31/20 APPENDIX C: MOTEL CONVERSION ISSUES
TIER 1: Alterations needed immediately, prior to occupying for this purpose (interim housing):
25 units total (21 standard guest rooms, 2 mobility-accessible guest rooms, 1 managers unit, 1 undefined unit over restaurant)
Program Assumptions: Manager’s unit and office to remain as-is with the assumption that the manager living in the unit is the sole employee working in the office and therefore the manager would be considered an employee and Tahoe Coalition for the Homeless (or another program operator) would have to provide reasonable accommodations under ADA Title 1 – Employment. No program space has been allocated at this level of occupancy unless guest rooms are used as office space. 1) Occupancy Calculations:

Standard 1 Bed Unit (19 units):
200 SF gross / 200 SF occupant load factor = 1 occupant/unit 19 occupants total
Large 1 Bed Unit (2 units)
280 SF gross/ 200 SF occupant load factor = 2 occupant/unit 4 occupants
Accessible 1 Bed Unit (2 units):
200 SF gross / 200 SF occupant load factor = 1 occupant/unit 2 occupants total
2 Bedroom Manager’s unit:
550 SF gross / 200 SF occupant load factor = 3 occupants/unit 3 occupants
Unit over restaurant (not surveyed, assumed to be 1-Bedroom):
390 SF gross (+/-) / 200 SF occupant load factor = 2 occupants/unit 2 occupants
Restaurant (not surveyed): Assume 300 SF kitchen and 585 SF of dining area 585 SF gross (+/-) / 15 SF occupant load factor = 39 occupants/dining 300 SF gross (+/-) / 200 SF occupant load factor = 2 occupants/kitchen 41 occupants
Total: 71 occupants
2) Parking and Path of Travel:
a) Replace portion of walkway exceeding 2% cross slope (assume 4’ x 125’). b) Grind asphalt paving at edges of concrete walkways to eliminate lips greater than ¼” vertically. Estimated area 1’ x 275’.
c) Replace surface of ramp leading to office (approximately 4’ x 20’). d) Modify ramp railings at office, to provide level railing returns. 1246
000000000007787 Bears Den, South Lake Tahoe -14- 12/31/20 e) Add handrails and level landing to ramp at southwest side of property, approximately 4’ x 9’.
f) Repaint pavement markings and replace signage at accessible parking stalls. 3) Motel Lobby Accessibility:
a) Upgrade motel office lobby to accessible (not surveyed; scope of work is assumed):
 Level door threshold, remove ½” lip or bevel
 Replace door hardware with lower lever-type hardware
4) Guest Room Accessibility:

There are 23 existing guest rooms. CBC 11B-233.3.4 requires 5% of rooms to provide mobility features and 2% to have communications features. 23 x .05 = 2 accessible rooms required. 1 provided.
 1 additional accessible room with mobility features required 23 x .02 = 1 room with communications features – Need to add, see below  1 additional accessible room with communication features required 5) Renovations for existing mobility features room (1 unit):
a) Level door threshold, remove ½” lip or bevel
b) Raise exterior walkway at door
c) Add ADA compliant faucets for ADA showers
6) Renovations for mobility features room converted from standard room:
(1 unit, recommend Room 16)
a) Level door threshold, remove ½” lip or bevel
b) Raise exterior walkway at door
c) Replace door handle with lever, lower latch and lock d) Convert standard restroom into accessible restroom with a roll-in shower e) Reposition light switches and receptacles to accessible heights f) Relocate restroom light fixtures
 Requires Lighting and Controls to meet 2019 CEC Title 24 Compliance. 7) Additional Renovations for communication features rooms: (1 unit) a) Smoke detectors, carbon monoxide, and audio/visual alarms.  Hardwired devices with battery back-up.
a) Hard wired electric doorbell with audio tone and visual signal b) Add peep hole in door
8) General Guest Units:
a) Install Carbon Monoxide Detection in all guest rooms and manager’s apartment. 9) Remove existing motel and restaurant signs
a) Pylon sign at north corner of property (~12’ tall)
 Electrical associated with signs to be removed.

1247
000000000007787 Bears Den, South Lake Tahoe -15- 12/31/20 TIER 2: Conversion to Permanent Supportive Housing:
24 units total (20 standard guest rooms, 2 mobility-accessible guest rooms, 1 managers unit, 1 undefined unit over restaurant)
Program Assumptions: Manager’s apartment to remain for on-site manager.

Kitchenettes installed in all guest rooms per current (but incomplete) SRO plan.

Existing accessible unit (Room 22) is too small to add an accessible kitchenette, so need to combine with adjacent Room 21.
1) Room Conversion:

The general methodology employed here is to use the existing accessible room (Room 22) and combined with the standard room adjacent (Room 21), to create one bedroom and a living room space with a kitchen installed using the existing restroom plumbing. The combined rooms will be connected with a new passage door between the spaces. The entry doors are to remain in the existing locations.

In Room 16 where an accessible bathroom is required, the sleeping alcove will be converted to an accessible bathroom in Tier 1, and the standard bathroom will be converted to a kitchen using the existing bathroom plumbing. a) Rooms with mobility features (5% of 24 = 2 required; 2 existing from Tier 1)  Convert 3 standard parking stalls to 2 accessible parking stalls b) Rooms with communications features (2% of 24 = 1 required; 1 existing from Tier 1)
c) Guestroom bathrooms to convert to kitchen (quantity: 1)  Remove total 14’ long wall segments dividing restroom and room  Remove lavatory
 Remove toilet
 Remove shower
 Remove 66 sf laminate flooring
 Remove 66 sf of ceiling
 Plug toilet waste pipe
 Cap shower waste pipe
d) Connecting doorway (quantity: 1)
 Add shear post(s) and hold downs at new openings
 Install doors
 Refinish walls
 Replace laminate floor planking, 1 strip each side x 11’-5” long  Remove existing connecting doors and infill walls and finishes (assume 6 locations)
 Relocate light switches in bedroom side, from exterior door to new interior door
2) Kitchenette Additions (quantity: 8 assumed, including accessible units discussed above)
a) Extend sink drain, hot and cold water, and vent pipes 1248
000000000007787 Bears Den, South Lake Tahoe -16- 12/31/20 b) Add sink
c) Add refrigerator- electrical
d) Add stove and range hood, or microwave oven
e) Add new ceiling light fixture
f) Add 4 convenience receptacles (GFI)
g) Electrical upgrades for kitchenettes: 2 new circuits per unit, requires additional conduits, conductors, breakers, and subpanels; see Electrical Requirements below.
3) Electrical Requirements:
a) Upsize electrical service
b) Add subpanels
c) Installation of GFCI protected devices to meet 2019 CEC. d) Installation of AFCI for locations required in 2019 CEC 210.12 Arc-Fault Circuit-Interrupter Protection.
e) Provide separate circuitry for general outlets per unit f) Provide separate circuitry for refrigerator and microwave. 4) Fire/Life Safety Improvements:
a) Replace all smoke detectors, 1 per unit (3 for Manager’s apartment and 2 for assumed 1-BR unit above restaurant).
b) Add draft stopping in attic at each demising wall.
c) Add fire sprinkler system (required by California Fire Code Section 903) d) Add fire alarm system (required by Calfiornia Fire Code Section 1113.12) 5) Possible Office Renovations: These items are speculative and not included in the cost estimate. The leased office space and restaurant were not surveyed. a) Upgrade leased office space to accessible program office space. b) Renovate restaurant to use as program space.
6) Laundry: Convert existing housekeeping laundry room to residents’ use a) Remove existing industrial laundry machines (1 washer/1 dryer) b) Add new residential, coin-operated laundry machines (1 washer and dryer per 15 units x 25 units = 2 each)
 Modify cold water, hot water, sanitary waste and vent lines.  Connect vent, drain, waste, hot and cold-water pipes to the 2 washing machines.
c) Add laundry detergent vending machine
d) Add accessible concrete ramp up to laundry room
 Add new landing
 Add new handrails
TIER 2A: Additional Requirements for Permanent Supportive Housing If Using Tax Credit Funding:
23 units total (18 standard guest rooms, 3 mobility-accessible guest rooms, 1 managers unit, 1 undefined unit over restaurant)
1249
000000000007787 Bears Den, South Lake Tahoe -17- 12/31/20 Conversion to permanent housing using tax credit financing needs to meet CTCAC requirements for accessibility of 10% mobility accessible and 4% communications accessible units. This analysis assumes the kitchenettes installed in Tier 2 meet CTCAC requirements for cooking facilities for SROs. The energy efficiency measures in Tier 3 would need to be advanced to Tier 2A to meet the CTCAC requirement to reduce existing energy consumption by at least 10%.
1) Guest Room Accessibility:
a) Rooms with mobility features (10% of 23 = 3 required; 2 existing from Tier 1)  Convert 2 standard parking stalls to 1 accessible parking stall b) Rooms with communications features (4% of 23 = 1 required; 1 existing from Tier 1)
2) Room Conversion:

To create another accessible unit, two existing standard rooms will be combined, to create one bedroom and a living room space. The existing bathroom on the bedroom side would be reconstructed and enlarged to be made accessible. The bathroom on the living room side would be removed and a kitchen installed using the existing restroom plumbing. The combined rooms will be connected with a new passage door between the spaces. The entry doors are to remain in the existing locations. This Tier 2A work could substitute for 2 of the kitchenette additions shown in Tier 2. a) Guestroom bathrooms to convert to Kitchens (quantity: 1)  Remove total 14’ long wall segments dividing restroom and room  Remove lavatory
 Remove toilet
 Remove shower
 Remove 66 sf flooring
 Remove 66 sf of ceiling
 Plug toilet waste pipe
 Cap shower waste pipe
b) Kitchen conversions - Additions
 Move sink drain
 Add sink
 Add refrigerator- electrical
 Add stove - electric
 Add range hood
 Add 66 sf laminate flooring
 Add 66 sf ceiling
 Add new ceiling light fixture
 Add 4 convenience receptacles (GFI)
 Electrical upgrades for kitchenettes covered in Tier 2 c) Additional Renovations for mobility features room converted from standard rooms: (1 unit)
 Level door threshold, remove ½” lip or bevel
 Remove and relocate light switches
 Demo existing shower
 Remove lavatory
1250
000000000007787 Bears Den, South Lake Tahoe -18- 12/31/20  Remove total 14’ long wall segments dividing restroom and room  Demolish existing flooring in restroom
 New 11’ long wall separating restroom from sleeping area, with new door  Demo and replace toilet, relocated 1’
 Add grab bars and toilet paper holder at toilet walls  Add new ceramic floor tile and, at shower, wall tile
 New roll-in shower, with grab bars and shower seat
 New lavatory and mirror
 Relocate restroom light fixtures
d) Connecting doorway (quantity: 1)
 Add shear post(s) and hold downs at new openings
 Install doors
 Refinish walls
 Replace laminate floor planking, 1 strip each side x 11’-5” long  Remove existing connecting doors and infill walls and finishes (assume 6 locations)
 Relocate light switches in bedroom side, from exterior door to new interior door
TIER 3: Alterations needed to ensure resident safety and a 10-year useful life, in addition to the above.
1) Structural: Seismic Evaluation and Retrofit
a) Detailed structural evaluation, will likely require:
 Add additional nails and straps to roof and floors, especially at the vertical setback between the two-story and one-story portions of the main “L” shaped building.
 Additional support or repairs at the southwest building roof. b) Repair deteriorated portions of building envelope:
 Replace siding around sides and rear of all buildings (approximately 200’).  Repaint all trim and fascia (approximately 1,020’)
2) Site security:
a) Replace decorative metal fencing at northeast side of property (assume 150’).
b) Add decorative metal fencing across the front of the property (assume 125’, less 32’ of vehicular gates = 93’).
c) Add two 6' high decorative metal pedestrian gates and two motorized vehicular gates. The pedestrian gate requires accessible hardware and an opening of 36” minimum. The vehicle gate requires 16’ minimum width, set back from road lane edge per local requirements.
 Include card reader or similar access control, and 2-way communication between office and each gate.
3) Pavement and drainage repairs:
a) Parking lot
1251
000000000007787 Bears Den, South Lake Tahoe -19- 12/31/20  Remove and replace pavement exhibiting “alligator cracking” (approximately 75% of parking lot, or about 14,000 sq.ft.).  Overlay remainder of the parking lot (approximately 5,000 sq.ft.) and seal cracks.
 Repair potholes (4).
 Drain ponding area near office, by providing a drain pipe through the ramp.
 Implement best management practices for storm water runoff. This may involve regrading the parking lot to drain towards the landscaped area in the middle, to the extent possible, and using that area to retain runoff. 4) General Mechanical/Plumbing and Energy Efficiency Renovations (all units):
a) Replace toilets, shower heads, sink faucets (including mop sink) and lavatory faucets to comply with California water conservation requirements. b) Replace all domestic hot water piping insulation with new insulation with minimum 7.7 R-value (approx. 600’ feet of 1-1/2” - 2” pipe). c) Remove and replace all existing appliances with Energy Star appliances (assumed for 15 units).

1252
000000000007787 Bears Den, South Lake Tahoe -20- 12/31/20 APPENDIX D: APPLICABLE CODE SECTIONS FOR R-1 CONVERSION TO R-2

OCCUPANCY
Note: Hotels and Apartments were classified under the same building use/occupancy when the building was originally built in 1962, therefore a renovation does not trigger a change in use or occupancy.

California Existing Building Code (Title 24 Part 10) Section 101.4.2 states, “The legal occupancy of any building … shall be permitted to continue without change, except as is specifically covered in this code, the California Fire Code, … or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public.” The property therefore needs only to comply with current California Fire Code requirements, and the current California Building Code Chapter 11B - Accessibility (compliance with which is required as a condition of the Project Homekey grant) CBC 2019 Chapter 11B
 11B-206.4.6 Residential dwelling unit primary entrance o Primary entrance shall comply with 11B-404
 11B-233.3.4.2 Alterations to individual residential dwelling units “where a bathroom or a kitchen is substantially altered, and at least one other room is altered, the requirements of Section 11B-233.3.1 shall apply to the altered residential dwelling units until the total number of residential dwelling units complies with the minimum number required by Sections 11B-233.3.1.1 and 11B-233.3.1.3 Residential dwelling units required to comply with Section 11B-233.3.1.1 shall be on an accessible route as required by Section 11B-206“
 11B-809.2 through 11B-809.4 - 5% of units are required to provide mobility features
o At least one accessible route shall connect all spaces and elements of the dwelling unit
o All rooms on the accessible route shall have a turning space o Kitchens, where provided, shall comply with 11B-804
o At least one bathroom shall comply with 11B-603
 11B-809.5 - 2% of units are required to have communication features
o Fire alarm system required – smoke detection, carbon
monoxide, visible alarms
o Hard-wired electric door bell with audio tone and visual signal (in the sleeping areas must be able to deactivate the signal) o A means of visually identifying a visitor without opening the dwelling unit, with a range of 180 degrees (peep hole or camera)
 1207 – Interior Space Dimensions
o If the permanent supportive housing combines adjacent guest rooms to create a 1-bedroom unit, then each unit becomes a 1-BR unit rather than an “Efficiency dwelling unit.” Per CBC Section 1207, the first room must be 120 square feet (SF) minimum and any additional 1253
000000000007787 Bears Den, South Lake Tahoe -21- 12/31/20 rooms must be 70 SF minimum. All the motel rooms, when
combined, meet that criteria. Under Health and Safety Code Section 17958.1 and CBC Section 1207, local jurisdictions are permitted to reduce the minimum floor area for “Efficiency dwelling units” from 220 SF minimum to 150 SF for the living room. Alternatively, under Health and Safety Code Section 17958.1 and CBC Section 1207, local jurisdictions are permitted to reduce the minimum living room floor area for “Efficiency dwelling units” from 220 SF to 150 SF. The guest rooms would meet the reduced criteria but not the standard 220 SF. 1254
Physical Needs Assessment
Bear's Den
2250 Lake Tahoe Blvd., South Lake Tahoe
Appendix E
Conceptual Programming Estimate
Programming Matrix Cost Estimate
Level of
Improve
ment
Area of Focus Renovation Considerations Justification
Item Unit Cost Units Quantity Amount Cost/Unit
Tier 1 Path of Travel Replace pavement, signs, and striping of accessible parking spaces; replace sidewalks or walk 48" clear <
2/5/8.33% Slope
Required if pavement at accessible
parking is not code compliant; CBC
Chapter 11B-502 & 11B-403 New sign $ 360.01 EA 5 $ 1,800.05 Replace walkways or ramps along path of travel Required if walkways surface, width, slopes, handrails, and any
obstructions along path of travel are
not code compliant; define path of
travel from accessible parking to all
common areas and accessible units,
CBC Chapter 11-B Replace concrete walk $ 15.30 SF 524 $ 8,017.20 Conc ramp $ 32.40 SF 80 $ 2,592.00
Ramp handrails $ 153.00 LF 34 $ 5,202.00
Paint railing $ 21.60 LF 34 $ 734.40
Community
Spaces
Replace entry door and threshold Required if entry door and threshold to be accessible is not code
compliant; check threshold height
and opening sizes, hardware,
opening force, etc. Replace door threshold $ 270.00 EA 1 $ 270.00 Relocate door latch $ 540.01 EA 1 $ 540.01
Replace door hardware $ 396.01 EA 1 $ 396.01
Guest Room
Accessibility w/
mobility features
Update standard room to accessible: Level door
threshold, remove and relocate light switches, demo
existing tub/shower, remove lavatory and counter,
remove dividing wall, demolish laminate flooring,
extending separating wall between sleeping area and
restroom, demo and replace toilet and relocate, add
new ceramic floor tile, new roll-in shower, grab bars and shower seat, new lavatory and mirror, relocate
restroom light fixtures
CBC Chapter 11B requires a
minimum 5% of all units to be
accessible with mobility features.

This includes a roll-in or transfer
shower, grab bars at the toilet, and
other accessible features.

Replace door threshold $ 270.00 EA 2 $ 540.00
Replace concrete walk $ 15.30 SF 144 $ 2,203.20
Relocate door latch $ 540.01 EA 1 $ 540.01
Replace door hardware $ 396.01 EA 1 $ 396.01
Reposition light switch $ 540.00 EA 4 $ 2,160.00
Convert std bathroom & vest. to
accessible $33,010.00 EA 1 $ 33,010.00
Replace ceiling luminaire $ 513.01 EA 1 $ 513.01
Interior luminaire $ 1,170.01 EA 1 $ 1,170.01
Bathroom accessories $ 1,530.01 LS 1 $ 1,530.01
000000000007787 Project Homekey 1 of 6 12/31/2020 1255
Physical Needs Assessment
Bear's Den
2250 Lake Tahoe Blvd., South Lake Tahoe
Appendix E
Conceptual Programming Estimate
Level of
Improve
ment
Area of Focus Renovation Considerations Justification
Item Unit Cost Units Quantity Amount Cost/Unit
Guest Room
Accessibility w/
communication
features
Add peep hole in door, add hard wired electric doorbell with audio tone and visual signal, add fire alarm, smoke detectors and carbon monoxide visual alarms
CBC Chapter 11B requires a
minimum 2% of all units to be
accessible with communication
features. Add peep-hole in door $ 450.09 EA 1 $ 450.09
Door bell $ 630.01 EA 1 $ 630.01
Fire alarm device $ 1,620.02 EA 1 $ 1,620.02
Visual alarm (Fire, CO) $ 900.01 EA 1 $ 900.01
Visual alarm (Smoke) $ 1,620.01 EA 1 $ 1,620.01
General Guest
Rooms
Install carbon monoxide detectors Pursuant to Health and Safety Code Section 17926, carbon monoxide
detection shall be installed in all
existing Group R buildings as
required in Section 915. Carbon monoxide detector $ 130.50 EA 25 $ 3,262.50 Commercial
Signage
Remove all commercial signage; monument signs, fascia
signs, etc.

Where converting existing hotels to
housing, all commercial signage
should be removed out of
consideration of new property use;
not required by code
Remove existing motel sign -
fascia $ 14.40 SF 25 $ 360.00
Remove existing motel sign -
pylon 30' $ 6,300.07 EA 1 $ 6,300.07
25 units (Tier 1) TIER 1 SUBTOTAL $ 76,756.63 3070.2652 000000000007787 Project Homekey 2 of 6 12/31/2020 1256
Physical Needs Assessment
Bear's Den
2250 Lake Tahoe Blvd., South Lake Tahoe
Appendix E
Conceptual Programming Estimate
Level of
Improve
ment
Area of Focus Renovation Considerations Justification
Item Unit Cost Units Quantity Amount Cost/Unit
Tier 2 Path of Travel Provide enough compliant accessible parking spaces Required if there are not a minimum number of accessible parking spaces
provided. CBC Chapter 11B Conc pavement 6"/6" AB $ 24.30 SF 851 $ 20,679.30 New sign $ 360.01 EA 2 $ 720.02
Guestroom
restroom
conversion to
kitchens
Add sink drain; Add sink; Add refrigerator, stove, range; New light fixture; Add Electrical upgrades- 2 new
circuits per unit, conduits, conductors, breakers and
subpanels; Add plumbing and exhaust as required for
renovation
Where converting an existing hotel
to residential housing the need for
additional plumbing is required by
California Building Code Table 422.1.

If seeking tax credits, CTCAC requires
kitchens including a sink,
refrigerator, and cooktop. Convert std bathroom & vest. to kitchen incl appliances, receptacles, lighting, plumbing, exhaust $16,309.00 EA 1 $ 16,309.00 Kitchen sink $ 1,350.03 EA 8 $ 10,800.24
Plumbing connection $ 360.00 EA 24 $ 8,640.00
Refrigerator $ 2,160.42 EA 8 $ 17,283.36
Stove (incl elect) $ 4,499.98 EA 8 $ 35,999.84
Range hood (incl elect & exhaust) $ 5,759.99 EA 8 $ 46,079.92 Electrical receptacle $ 1,620.02 EA 32 $ 51,840.64
Interior luminaire 1170.01 EA 8 $ 9,360.08
Transformer 500 kVA $ 2,610.02 EA 1 $ 2,610.02
Feeders to (e) switchboard 4#350, 1#3/0 GND in 4" GRC $ 182.80 LF 100 $ 18,280.00 Feeders to (N) switchboard 4#600, #1/0 GND in 4" GRC $ 224.91 LF 100 $ 22,491.00 Main switchboard, 2000A 3ph 120/208V $12,780.13 EA 1 $ 12,780.13 Breakers 3ph for main switchboard $ 3,840.04 EA 6 $ 23,040.24 Feeders to subpanel 4#2, #8 GND in 2" GRC $ 63.81 LF 100 $ 6,381.00 Subpanel 200A 3ph 42 bkrs $ 7,439.48 EA 2 $ 14,878.96
Breakers 3ph at subpanel 200A $ 4,500.05 EA 2 $ 9,000.10 Circuits from subpanel 8#4, #8 GND in 2" GRC $ 63.81 LF 1800 $ 114,858.00 Fire/Life Safety
Improvements
Draft stopping in attic Required above every 2 DUs per CBC Sections 420.2, 708.4.2 and 718.4. Draft stopping in attic $ 63.00 SF 750 $ 47,250.00 Install automatic fire sprinklers Required if automatic sprinklers are not already existing in building,
CFC Section 903 Install fire sprinklers $ 18.00 SF 8375 $ 150,750.00 Fire water line, 6"-12" dia w/ AC
paving o/trench $ 198.00 LF 150 $ 29,700.00
Water line connection $ 4,680.07 LS 1 $ 4,680.07
Backflow Preventer Required if valve assembly is not
code compliant; CPC, 602.3 Backflow 6" $32,339.15 EA 1 $ 32,339.15 Install fire alarm system Required per CFC 1113.12. Fire alarm device $ 1,620.02 EA 29 $ 46,980.58 Convert
Housekeeping
Laundry Room to
Residents
Laundry
Remove industrial laundry machines Industrial laundry machines are oversized and inappropriate for
individual use.

Remove equipment (kitchen,
laundry, vending, etc.) $ 324.06 EA 2 $ 648.12
000000000007787 Project Homekey 3 of 6 12/31/2020 1257
Physical Needs Assessment
Bear's Den
2250 Lake Tahoe Blvd., South Lake Tahoe
Appendix E
Conceptual Programming Estimate
Level of
Improve
ment
Area of Focus Renovation Considerations Justification
Item Unit Cost Units Quantity Amount Cost/Unit
Remove and replace flooring May vary depending on the state of repair of each building Repair concrete floor $ 35.28 SF 200 $ 7,056.00 Remove and replace mop sink A commercial mop sink may be useful for residents but also can be
replaced with smaller residential
type Replace mop sink $ 585.01 EA 1 $ 585.01
Add coin-operated residential type laundry machines 1 laundry machine per 12 dwelling units is required by the California
Plumbing Code, Table 422.1 for R-2
occupancy Washing machine $ 2,655.03 EA 2 $ 5,310.06
Plumbing connection $ 360.00 EA 2 $ 720.00
Clothes dryer $ 6,120.06 EA 2 $ 12,240.12
Add laundry detergent vending machine Detergent vending machine is a convenience item only, not required
Laundry vending machine (incl
elect conn) $ 2,780.04 EA 1 $ 2,780.04
24 units (Tier 2) TIER 2 SUBTOTAL $ 783,071.00 32627.958 Tier 2A Guestroom
restroom
conversion to
kitchens
Add sink drain; Add sink; Add refrigerator, stove, range; New light fixture; Add Electrical upgrades- 2 new
circuits per unit, conduits, conductors, breakers and
subpanels; Add plumbing and exhaust as required for
renovation
Where converting an existing hotel
to residential housing the need for
additional plumbing is required by
California Building Code Table 422.1.

If seeking tax credits, CTCAC requires
kitchens including a sink,
refrigerator, and cooktop. Convert std bathroom & vest. to kitchen incl appliances, receptacles, lighting, plumbing, exhaust $16,309.00 EA 1 $ 16,309.00 Accessible room
converted from
standard room
Update standard room to accessible: Level door
threshold, remove and relocate light switches, demo
existing tub/shower, remove lavatory and counter,
remove dividing wall, demolish laminate flooring,
extending separating wall between sleeping area and
restroom, demo and replace toilet and relocate, add
new ceramic floor tile, new roll-in shower, grab bars and shower seat, new lavatory and mirror, relocate
restroom light fixtures
CTCAC requires a minimum 10% of
all units to be accessible with
mobility features. This includes a rollin or transfer shower, grab bars at the toilet, and other accessible
features.

Replace door threshold $ 270.00 EA 1 $ 270.00
Replace concrete walk $ 15.30 SF 72 $ 1,101.60
Relocate door latch $ 540.01 EA 1 $ 540.01
Replace door hardware $ 396.01 EA 2 $ 792.02
Reposition light switch $ 540.00 EA 2 $ 1,080.00
Convert std bathroom & vest. to
accessible $33,010.00 EA 1 $ 33,010.00
Replace ceiling luminaire $ 513.01 EA 1 $ 513.01
Interior luminaire $ 1,170.01 EA 1 $ 1,170.01
Connecting doorway Connects living area and bedroom Doorway opening $ 4,189.00 EA 1 $ 4,189.00 23 units (Tier 2A) TIER 2A SUBTOTAL $ 58,974.65 2564.1152 000000000007787 Project Homekey 4 of 6 12/31/2020 1258
Physical Needs Assessment
Bear's Den
2250 Lake Tahoe Blvd., South Lake Tahoe
Appendix E
Conceptual Programming Estimate
Level of
Improve
ment
Area of Focus Renovation Considerations Justification
Item Unit Cost Units Quantity Amount Cost/Unit
Tier 3 Seismic
Evaluation and
Retrofit
FEMA 154 Rapid Review followed by ASCE7-16
evaluation if necessary. Possible upgrades required
include strengthening the foundation, increased nailing and holdowns at shear walls, increased nailing at floor and roof plywood, straps at floor and roof re-entrant
corners.

All buildings should be evaluated
using the Rapid Review. If any
building fails the Rapid Review, it
should be followed up with an
ASCE7-16 evaluation. Depending on
the local authority having
jurisdiction the cost of the Tier 1
remodel and/or the addition of
seismic mass to the buildings may
trigger a mandatory ASCE7-16
evaluation.

Seismic Retrofit - Add nails, sill
bolts, and hold-downs at shear
walls $ 8.85 SF 8375 $ 74,135.30
Seismic Retrofit - Add additional
nails and straps to roofs and
floors $ 15.04 SF 8375 $ 125,951.34
Strengthen or add framing as required for proposed fire sprinkler system
Applies to any property where fire
sprinklers are to be installed
retroactively
Seismic framing for fire sprinkler
system $ 3.56 SF 8375 $ 29,801.45
Site Perimeter/
Security
Security fencing To secure the site perimeter
Decorative metal fence 6'H $ 189.00 LF 150 $ 28,350.00
Add metal pedestrian gate Where site security is defined by a perimeter gate, pedestrian-only
access is necessary for those
residents without a vehicle (Ref. CBC
11B-404) Decorative metal ped gate $ 2,160.02 EA 2 $ 4,320.04 Add motorized sliding vehicular metal gate at each
driveway
Perimeter gate limiting vehicular
access will control security and deter
theft by vehicle (Ref. CBC 3110) Decorative metal veh gate $35,100.36 EA 2 $ 70,200.72 Add card reader or similar access control and 2-way
communication between office and grate
Where a perimeter gate is being
utilized as site security, access
should be controlled and monitored Entry system w/ card reader $12,060.13 EA 4 $ 48,240.52 Fire Life Safety
Elements
Install automatic fire sprinklers Required if automatic sprinklers are not already existing in building,
CFC Section 903 Install fire sprinklers $ 18.00 SF 8375 $ 150,750.00 Fire water line, 6"-12" dia w/ AC
paving o/trench $ 198.00 LF 150 $ 29,700.00
Water line connection $ 4,680.07 LS 1 $ 4,680.07
Backflow Preventer Required if valve assembly is not
code compliant; CPC, 602.3 Backflow 6" $32,339.15 EA 1 $ 32,339.15 Site Pavement/
Drainage
Replace AC pavement Recommended to provide level path
of travel and smooth surface of
parking, CBC Chapter 11B A/C pavement 3"/8" AB $ 10.80 SF 650 $ 7,020.00 2" AC overlay $ 2.25 SY 11520 $ 25,920.00
000000000007787 Project Homekey 5 of 6 12/31/2020 1259
Physical Needs Assessment
Bear's Den
2250 Lake Tahoe Blvd., South Lake Tahoe
Appendix E
Conceptual Programming Estimate
Level of
Improve
ment
Area of Focus Renovation Considerations Justification
Item Unit Cost Units Quantity Amount Cost/Unit
Energy Efficiency
Upgrades
Central Systems: Boilers, hot water storage tanks, water softener system, insulate hot water piping in boiler
rooms
Central system mechanical
equipment should be evaluated and
replaced based on remaining life and
current state of operation. Insulation
thickness per California Energy Code,
Section 150.0.

Add pipe insulation in boiler
room $ 9,001.73 LS 1 $ 9,001.73
Replace appliances with Energy Star appliances Optional upgrade to achieve 10% energy efficiency; required for
CTCAC Range hood (incl elect & exhaust) $ 5,759.99 EA 15 $ 86,399.85 Refrigerator $ 2,160.42 EA 15 $ 32,406.30
Stove (incl elect) $ 4,499.98 EA 15 $ 67,499.70
Replace all indoor and outdoor lighting with LED system Optional upgrade to achieve 10% energy efficiency; required for
CTCAC Replace ceiling luminaire 513.01 EA 75 $ 38,475.75 Replace wall sconce 621.01 EA 25 $ 15,525.25
23 units (Tier 3) TIER 3 SUBTOTAL $ 631,408.59 27452.547 GRAND TOTAL $1,550,210.87 $ 67,400
000000000007787 Project Homekey 6 of 6 12/31/2020 1260
1261
City South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Authority & Purpose
This Standard Agreement (hereinafter "Agreement") will provide official notification of the conditional reservation of funds under the State of California's administration of the new federal funding for Community Development Block Grant Program for non-entitlement jurisdictions, tranches 2 and 3 (hereinafter, "CDBG-CV" or the “Program") by the Department of Housing and Community Development (hereinafter the "Department") pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law No: 116-136), and the provisions of 42 U.S. Code (U.S.C.) 5301, et seq., 24 Code of Federal Regulations (CFR) Part 570, Subpart l , California Health and Safety Code Section 50825, et seq., the California State CDBG Program Guidelines in effect as of October 15, 2019, and, all as may be amended from time to time. In accepting this conditional reservation of funds by executing this Agreement, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (NOFA) under which the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (NOFA) under which the Grantee applied, as identified in this document footer, the representations contained in the Grantee's application (the "Application") for this funding allocation, which is incorporated herein by reference and is included as a summary in Exhibit E, and the requirements of the authorities cited above. For activities funded outside of a NOFA, including activities funded through Program Income, and activities funded through Urgent Need, the Grantee agrees to comply with the terms and conditions of this Agreement, the representations contained in the Grantee’s Application for activity funding, which is incorporated herein by reference and is included as a summary in Exhibit E, and the requirements of the authorities cited above. Any changes made to the submitted and awarded Application after this Agreement is executed must receive prior written approval from the Department. For purposes of this Agreement, use of the term "Grantee" shall be a reference to "Contractor".

2. Scope of Work
A. The Grantee shall perform the funded activities described in the Scope of Work (Work), including applicable National Objectives as represented in Exhibit E Sections I through IV, and the Application which is on file with the Department and which is incorporated herein by reference. All written materials or alterations submitted as addenda to the original Application and which are approved in 1262
City South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021
writing by the Department are hereby incorporated as part of the Application. The Department reserves the right to require the Grantee to modify any or all parts of the Application in order to comply with CDBG-CV requirements. The Department reserves the right to monitor all Work to be performed by the Grantee, its contractors, and subgrantees in relation to this Agreement. Any proposed revision to the Scope of Work must be submitted in writing for review and approval by the Department and may require an amendment to this Agreement.

Approval shall not be presumed unless such approval is made by the Department in writing.

B. For the purposes of performing the Scope of Work, the Department agrees to provide the amount(s) identified in Exhibit B, and as detailed in Exhibit E, Section VI, and Budget Worksheet. Unless amended in writing, the Department shall not be liable for any costs in excess of the total approved budget. The Department shall not, under any conditions, be liable for any unauthorized or ineligible costs or activities.

C. Except for General Program Administration, grant activity(ies) must meet one of the following three CDBG National Objectives:
• An activity that benefits low- and moderate-income (LMI) persons • An activity designed to meet community development needs having a particular urgency. The activity must be designed to alleviate existing conditions which pose a serious and immediate threat to the health or welfare of the community which are of recent origin or which recently became urgent, and the recipient must demonstrate inability to finance the activity on its own and that other sources of funding are not available. • An activity that aids in the prevention or elimination of slums or blight

3. Duplication of Benefits (DOB)
Pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law No: 116-136) and described in FR-6218-N-01, the CDBG-CV Federal Register Notice, Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended by section 1210 of the Disaster Recovery Reform Act (DRRA) of 2018, it is the Department’s responsibility to ensure that each CDBG-CV activity provides assistance only to the extent that the project’s funding needs have not been met by another source.
1263
City South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021
Grantees must have on file with the Department duplication of benefits policies and procedures that include recapture requirements and processes. Grantees must report to the Department on DOB throughout the Agreement Term. DOB must be tracked at both the programmatic level and at the client service level. The Grantee must collect affidavits from program participants agreeing to repay any portion of proceeds determined to be a duplication of benefits, with such proceeds to be returned to the Grantee a and Grantee must re-capture funds from households that have received a DOB. The Department will recapture funds from Grantees with DOB(s).

Warning: Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729.

4. Effective Date and Commencement of Work
A. This Agreement is effective upon approval by the Department as evidenced by the Department representative’s signature on page one of the fully executed Standard Agreement, STD 213.

B. The CARES Act provides that CDBG-CV funds may be used to cover or reimburse allowable costs of eligible activities to prevent, prepare for, and respond to coronavirus incurred by a Grantee after January 21, 2020. Preapplication costs, pre-agreement costs, and pre-award costs are permitted.

However an environmental review must be performed and a release of funds must be obtained in accordance with 24 CFR part 58 prior to committing CDBGCV funds to reimburse such costs. The CDBG-CV Grantee agrees that any Work toward the implementation of the project activity or program activity, as identified in Exhibit E, Section I through IV, will be subject to an environmental review prior to the execution of this Agreement by the Department and that this Agreement must be executed prior to reimbursement for pre-agreement costs incurred by the Grantee .

5. Term of Agreement and Performance Milestones
A. Term of Agreement: With the exception of the Grant Closing Requirements set forth in Exhibit B, Section 6, the Grantee shall complete the grant activity and/or activities on or before 24 months (two (2) years) from the Department’s execution date identified on the STD 213 of this Standard Agreement. Any extensions beyond the 24 months will require the Department’s approval and a contract amendment.
1264
City South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021
B. Expenditure Deadline: All Program funds shall be expended no later than 24 months (two (2) years) from the final Department execution date of this Agreement as identified on the STD 213. All requests for funds must be submitted prior to the Expenditure Deadline.
1) Reporting Deadlines:
a) All activities except activities in support of new housing construction and activities in support of economic development must report final beneficiaries no later than sixty (60) days after the expiration of the Expenditure Deadline. Extensions for final reporting must be approved in writing by the Department.
b) For activities in support of new housing construction and economic development where housing units or jobs are dependent on off-site infrastructure development, the activity shall have an extended reporting term of two years (24 months) from the Expenditure Deadline to complete reporting of units constructed and occupied or jobs created or retained. Activities that do not meet the reporting deadline may be deemed ineligible and the Grantee may be required to repay all grant funds expended on the activity.

C. Milestones: Grantee shall timely adhere to project milestones as established in Exhibit E, Section V.
1) Failure to Meet Milestones:
a) Failure to meet the first milestone identified in Exhibit E, Section V, is a material breach and may result in a for-cause termination of this Agreement. All funds, including program income, reimbursed for this activity prior to the termination shall be returned to the Department no less than thirty (30) days from the written notification of termination.
b) Failure to meet any given subsequent milestones identified in Exhibit E, Section V, may result in loss of program eligibility and will restrict the Grantee from applying for additional CDBG funding until the activity is corrected and put back on schedule, or the activity is 1265
City South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021
completed, or the activity is canceled.
2) Any milestone or deadline except for: (1) the first milestone, (2) the final activity report milestone, and (3) the expenditure deadline, may be revised administratively with the approval of the Department without incurring penalty, provided the revision request is received in advance of the original milestone due date.

6. Scope of Work Revisions and Amendments
A. Contract Revisions:
1) Adjustments to the Scope of Work that do not require:
a) an increase or reduction of activity scope;
b) a change in National Objective; or a
c) change in the type of beneficiaries assisted
may be completed as a Contract Revision. Contract Revisions must be approved by the Department prior to implementation. If approved, contract revisions shall automatically be deemed a part of, and incorporated into, this Agreement. Approval shall be provided either through the online grant management system, or in writing, as appropriate.
2) Contract Revisions may include but not be limited to:
a) Adjustments that:
i. Itemize the scope of work;
ii. Revise milestone deadlines except for first and last milestones; and/or
iii. Change the scope of work in a manner that does not change the overall budget, National Objective, or change type or reduce the number of estimated beneficiaries.
b) Adjustments that increase the estimated number of beneficiaries without increasing or decreasing the scope of work and without 1266
City South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021
changing the overall budget.

B. Contract Amendments:
1) Adjustments to the Scope of Work that:
a) Require an increase or a reduced scope of work:
b) Change the National Objective; or
c) Change the type or reduces the number of beneficiaries assisted shall require a Contract Amendment. Contract Amendments must be fully executed by both the Grantee and the Department prior to implementation.

Adjustments may not be implemented prior to execution unless the Department has provided written notice authorizing the Grantee to proceed. 2) Contract Amendments may include but not be limited to:
a) Adjustments that:
i. add scope beyond what was included in the original
application;
ii. reduce scope such that the activity is materially different from the original application; or
iii. reduce estimated beneficiary counts.
iv. Adjustments that change the scope in a manner that requires a change to awarded activity budget, including adding funds from other State CDBG funded activities, adding Program Income, and reducing funds from either State CDBG awarded funds or Program Income.

C. HUD Matrix Codes:

If HUD changes an activity matrix code(s) or if there is an error in recording the activity code, the Grantee shall be notified in writing and the correction shall not require an amendment to this Agreement.
1267
City South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021

7. State CDBG Program Contract Management
A. Department Contract Manager:

For purposes of this Agreement, the State CDBG Program Managers for the Department shall also serve as the Program Contract Managers.

Written communication regarding this Agreement shall be directed to the State CDBG Program Contract Manager at the following address:

State CDBG Program Contract Manager
Division of Financial Assistance
Department of Housing and Community Development
P.O. Box 952054
Sacramento, California 94252-2054
Phone: (916) 263-6468
Email: [email protected]
B. Contract Management:

Day-to-day administration of this Agreement shall take place through the online grant management system, including but not limited to:
3) Financial Reports (Funds Requests);
4) Activity Reports;
5) Semi-Annual Reports;
6) Annual Reports;
7) Submittal of any and all requested supporting documentation; 8) Standard Agreement Revisions (non-material contract changes); and, 9) Standard Agreement Amendments (material contract changes).

C. Grantee Contract Administrator:

The Grantee's Contract Administrator (must be a Grantee employee) is identified in Exhibit E, Profile. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be directed to the Grantee’s Contract Administrator at the contact information identified in Exhibit E, Profile. 1268
City South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021
Written communication shall be directed to the Grantee’s Contract Administrator as identified in the Grantee Profile as referenced in Exhibit E. 1269
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Budget
A. Budget Detail: The activity shall follow the budget as detailed in Exhibit E, Section VI.

B. Program Income: All Program Income is state administered CDBG funding and is subject to the same federal requirements for financial administration as open grant awards. Program Income, including both cash-on-hand and future projected receipts, if identified as a funding source for any given activity, must be included in the activity budget and must be substantially expended prior to drawing grant award funds. Program Income must be identified separately from grant funds in the activity budget and must be broken out into activity and general administration funding, as applicable. The Department will not encumber locally administered Program Income against NOFA grant funds in the state’s accounting system. Only new grant awards made under a NOFA or in conjunction with an Urgent Need application will be encumbered in the Department’s accounting system.

Funding in this Agreement may include either or both:
1) the total new grant award from the NOFA to be encumbered by the Department from grant funds,
2) total locally held Program Income to be included in the activity budget but that will not be encumbered by the Department. This Agreement is for the sum total of funds to be used in the activity including grant funds and Program Income, as applicable. Program Income receipts must be reported no less than quarterly.

C. Other Non-State CDBG Funding Sources: The Grantee shall report on the value of other contributions included as leverage for each activity via the Financial Reports (funds requests) required for such activity. The Financial Reports shall be accessed through the online grant management system and are the reports which convey the information needed to complete financial transactions in HUD’s Integrated Disbursement and Information System (IDIS).
1270
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021

2. Availability of Funds
The Department’s provision of funding to Grantee pursuant to this Agreement is contingent on the continued availability of CDBG funds and continued federal authorization for CDBG activities, as well as the conditions set forth in Exhibit D, Section

33. The Department’s provision of funding is subject to amendment or termination due to lack of funds or authorization. This Agreement is subject to written modification or termination as necessary by the Department in accordance with requirements contained in any future state or federal legislation and/or state or federal regulations. All other modifications must be in written form and approved by both parties.

3. Eligible Costs
A. The CARES Act provides that CDBG-CV funds may be used to cover or reimburse allowable costs of eligible activities to prevent, prepare for, and respond to coronavirus incurred by a Grantee after January 21, 2020. However, Grantee shall not receive a commitment of funds, nor shall funds be reimbursed until the Grantee has documented compliance with the applicable National Environmental Protection Act (NEPA) requirements established in 24 CFR Part 50, 24 CFR Part 58, and 42 USC §4321, et seq.

B. Allowable Costs: Allowable costs shall mean those necessary and proper costs under 2 CFR §200.400 through 475, and as identified in the Grantee’s application and as detailed in Exhibit E, Section VI, and as approved by the Department unless any or all such costs are disallowed by the State of California or HUD. Allowable costs include necessary and proper activity and administration costs incurred prior to the execution of this Agreement. All costs incurred prior to the execution of this Agreement must be eligible to be considered allowable and suitable for reimbursement. Eligible costs must, at a minimum, be costs incurred according to the procurement requirements of 2 CFR §200.317, et seq. and be costs required for the activity in this Agreement to meet a National Objective.

C. Priority of Funds: The Grantee agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. To the extent available, the Grantee must disburse funds available from locally held funding CDBG grant resources such as, but not limited to Program Income, 1271
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021
rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments from the grant award.

D. Withholding Funds: The Department reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. Payments are contingent upon the Grantee's financial management system meeting the requirements of 2 CFR §200.302, and the internal control requirements of 2 CFR §200.303. Payment may be suspended or terminated, in whole or in part, by the Department in its sole discretion in the event of a default by Grantee.

E. Disencumbering Funds: The Grantee agrees that funds determined by the Department to be surplus upon completion of the activity, or that have not been spent prior to the Expenditure Deadline will be subject to disencumbrance by the Department.

F. Indirect Costs: If Grantee wishes to charge for indirect costs, the Grantee must develop an indirect cost allocation plan for determining the appropriate CDBG share of such indirect costs and submit such plan to the Department for approval prior to submission of requests for any payments for the indirect cost expenditures.

G. Pre-Agreement Costs: Pre-Agreement Costs are eligible costs incurred prior to the award of funds as defined in Exhibit D, Section 1. Eligible Pre-Agreement costs as identified in Exhibit E, Section VI, Project Budget, may only be reimbursed upon the full execution of this Agreement and verification that the costs meet all eligibility criteria. Pre-Agreement costs may include both activity delivery and general program administration.

The Grantee agrees that any Pre-Agreement costs not previously identified in Exhibit E, Section VI, Project Budget, will not be paid with CDBG-CV1 funds.

4. Method of Payment
The Department will not authorize payments unless it has determined the costs incurred are in compliance with the terms of this Agreement. Funds requested through the Financial Activity Report must be for a minimum of $1,000.00, except for the final funds 1272
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021
request, which must be marked “Final”. Payments will be issued to the agency identified on the Taxpayer Identification Form (TIN) provided by the Grantee to the Department.

A. Reimbursements: The Department will reimburse the Grantee its allowable costs for the services identified in this Agreement in Exhibit E, Section VI, upon presentation of invoices which Grantee certified are true and correct copies of payments due on behalf of the Grantee for the activity covered by this Agreement and made in accordance and compliance with Exhibit A, Scope of Work. The Grantee may not request reimbursements under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed.
1) To receive reimbursement for grant activities, including reimbursement for eligible Pre-Agreement costs, the Grantee must submit all Department required forms according to the applicable deadlines. Financial Reports and Activity Reports are due no less than quarterly, within 15 days of the end of the quarter. Financial Reports and Activity Reports may be submitted more frequently at the Grantee’s discretion. Financial Reports shall include the level of documentation specified by the Department, including proof of expenditure, and proof of cost eligibility. Grantees must submit documentation supporting cost amounts and cost eligibility with each funds request as part of the Financial Report.
2) Grantees shall submit Financial Reports (funds requests) no less than quarterly. If no funds have been expended, the Grantee shall provide a description of work completed and an explanation of why no funds have been expended.

B. Advances: The Grantee must receive prior written approval from the Department before submitting an advance request. All advances are subject to the Department’s consent, which may be given or withheld on its sole discretion. No advances will be issued prior to full Agreement execution.

C. Final Payment Requests:
1) Grantees on the Reimbursement Payment System: All requests for final reimbursement must be submitted before the Expenditure Deadline 1273
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021
referenced in Exhibit A, Section 5 of this Agreement.
2) Grantees on the Advance Payment System: The last advance payment must be submitted to the Department no later than sixty (60) days prior to the Expenditure Deadline of this Agreement.
3) Return of Unexpended Funds: All funds received by the Grantee but not expended by the Expenditure Deadline must be accounted for and returned to the Department within thirty (30) days after the Expenditure Deadline. Funds shall be returned in accordance with the current State CDBG Grants Management Manual. All returned funds will be disencumbered.
4) All Funds Not Previously Requested: If the final funds disbursement request for costs expended during the term of this Agreement has not been received by the Department before the Expenditure Deadline, and the Grantee has not requested an extension per Exhibit A Section 5, (Term of Agreement and Performance Milestones), the Department may disencumber any funds remaining and grant funds will no longer be available for the Grantee.

5. Budget Revisions and Amendments
Budget line item adjustments may be made in accordance with the following:

A. Budget Revisions: Adjustments to the Budget that do not require an increase or reduction of total activity budget, a change in National Objective, or a change in the type or a reduction in number of beneficiaries assisted may be completed as a Budget Revision. Budget Revisions shall include but not be limited to:
1) Adjustments that reallocate funds between budget line items, including between General Administration funding, activity funding, and Program Income resources, including both Program Income cash on hand, and Program Income projected receipts, but that otherwise does not change the overall budget total, the scope of work, the National Objective, and type and count of estimated beneficiaries. Reallocations involving General Administration funding are subject to applicable General Administration caps identified in the Notice of Funding Availability.
2) Adjustments that increase or decrease the detail included in the submitted lined item budgets, including adding and removing budget line items, without increasing or decreasing the scope of work and without changing 1274
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021
the overall budget.
3) Budget Revisions must be approved by the Department prior to implementation. Approval shall be provided either through the online grant management system, or in writing, as appropriate. If approved, Budget Revisions shall automatically be deemed a part of, and incorporated into, this Agreement.

B. Budget Amendments: Adjustments to the Budget that result in an increased or a reduced total activity budget shall require a Contract Amendment. Contract Amendments must be fully executed by both the Grantee and the Department prior to implementation. Adjustments may not be implemented prior to execution unless the Department has provided written notice authorizing the Grantee to proceed.

6. Grant Closing Requirements
A. Expenditure Deadline:
1) All Program funds shall be expended no later than the Expenditure Deadline as defined in Exhibit A, Section 4. All requests for funds must be submitted no later than thirty (30) days prior to the Expenditure Deadline. 2) The Final Financial Report for the activity must be marked final and submitted before the Expenditure Deadline. Financial Reports submitted after the Expenditure Deadline will not be eligible for reimbursement.

Closeout Procedure: The Grantee must submit the following at the completion of the activity:
1) A Final Activity Report that includes all required reporting data for the activity;
2) A filed Notice of Completion (if applicable);
3) Evidence, satisfactory to the Department, of compliance with any and all other Special Conditions of this Agreement as set forth in Exhibit E hereto; and,
4) A resolution from the governing body acknowledging the accomplishments of the activity and confirming that the activity is complete and that all outstanding funds have been reimbursed by the Department. 1275
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2-3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 09/24/2021
If the Grantee identified an extended reporting period will be required to meet the National Objective for the activity in the Application, the above closeout requirements shall be submitted upon the completion of the activity, or within sixty (60) days after the Expiration Deadline, whichever comes first. If no extended reporting period is required, the above closeout requirements shall be submitted within thirty (30) days after the Agreement's Expenditure Deadline.

Upon receipt of the above documentation, the Department will close out this Agreement and finalize the activity in IDIS for final reporting to HUD.

B. Ongoing Reporting: Grants that have been closed may, as applicable, have continued reporting requirements, including Program Income reporting, performance reporting, beneficiary reporting, asset reporting, and other federally required reports as identified in Exhibit D, Section 22. 1276
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
CDBG-CV2-3 PROGRAM TERMS AND CONDITIONS

1. Federal Grant Identification
HUD Grant No.: B-20-DW-06-0001
CFDA Number: 29.019
Date HUD Grant Agreement Signed: 11/26/2020

2. Definitions
A. "Activity" means one of the following HUD eligible activities as per 42 U.S.C. 5305.
1) Acquisition (§ 5305 (a)(1))
2) Public Improvements (§ 5305 (a)(2))
3) Public Facilities (§ 5305 (a)(2) and (5))
4) Public Services (§ 5305 (a)(8))
5) Business Financial Assistance (§ 5305 (a)(17))
6) Microenterprise Assistance (§ 5305 (a)(22))
B. “Activity Budget” means the budget included in Exhibit E, Section VI, Project Budget, as referenced by Exhibit B, Budget Detail, and Payment Provisions.

C. "Activity Delivery" (AD) means any reasonable and necessary costs associated with activity implementation that are not directly related to labor and/or direct construction and/or direct activity implementation costs. The Grantee may expend up to the indicated AD as identified in the NOFA that is associated with this Agreement or any relevant CDBG Management Memo.

D. “Activity Reports” are the activity reports that must be submitted at least quarterly that describe program or project progress and/or beneficiaries served during a given reporting period.

E. “CARES Act” means the Coronavirus Aid, Relief and Economic Security Act.

F. “Department” means the California Department of Housing and Community Development.
"Financial Report" is also identified as a funds request and refers to the forms 1277
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
and processes required to request the drawdown of CDBG-CV2/3 funds (requests for funds must be a minimum of $1,000.00 unless it is the final Financial Report for an activity). Funds disbursements must be completed no less than quarterly for each open activity, including Program Income funded activities.

G. "General Administration" refers to eligible administrative expenses as provided in 42 U.S.C. §5305(a)(13), as further described in the CDBG Program Guidelines, § 208.

H. “Grantee” means the jurisdiction that applied for CDBG-CV2/3 funding and has legal authority to sign this Agreement and commit to compliance with all federal requirements regarding the administration of federal funds, as identified in 2 CFR Part 200.

I. “Pre-Agreement Costs” are pre-award costs as defined at 2 CFR §200.458 and 24 CFR §570.489(p) and are costs that are eligible per 2 CFR §200.400 et. seq. that have been itemized on the approved activity budget as identified in Exhibit E, Section VI, Project Budget, as referenced by Exhibit B, Budget Detail and Payment Provisions.

J. "Program" means an eligible activity that provides direct assistance to eligible participants within a defined service area. Programs include public services, housing assistance to households, and instances where an eligible person, household, or area is directly assisted with a unit of service.

K. “Program Guidelines” means the CDBG Program Guidelines adopted in October 2019 that replaced the California state regulations regarding the operation of the State CDBG program, as per Health and Safety Code §50826.1(a) that states that the regulations are repealed upon adoption of guidelines.

L. “Program Income”, as defined in 24 CFR §570.489(e), means gross income received by the Grantee that is directly generated from the use of CDBG funds.

When such income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used.
1278
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
M. "Project" means eligible capital improvements to public facilities, infrastructure, assets, and right-of-way. Projects may also include eligible capital improvements to privately owned facilities, infrastructure, and assets that serve the public or that provide a public good, including shelters, community-based facilities, and utilities.

3. Eligible Activities
Grantee will only use funds under this Agreement for the activity identified in Exhibit E.

All activities must be eligible CDBG-CV2/3 activities as authorized under the CARES Act, (Public Law No: 116-136), 42 U.S.C. §5305 and 24 CFR §570.482.

4. National Objectives
Grantee will only use funds in support of the National Objective identified in Exhibit E, Section I. All CDBG-CV2/3 funded activities must meet a National Objective as defined in 42 U.S.C. §5304(b)(3), as amended, and 24 CFR §570.483.

Real Property acquired or improved in whole or in part with CDBG-CV2/3 funds must be used to meet the same National Objective for which it was purchased or improved for no less than five years from the date of acquisition/completion. The Department may require a Use Restriction Agreement be recorded against real property acquired or improved in whole or in part with CDBG-CV2/3 funds.

5. Termination and Remedies for Noncompliance
Awards as secured by this Agreement may be terminated by the Department in whole or in part as per federal regulation at 2 CFR §200.339. All terminations shall include written notification setting forth the reason(s) for such termination, the effective date, and the portion to be terminated in the case of partial terminations and will follow termination notification requirements identified in 2 CFR §200.340.

A. Termination without Cause: Agreements may be terminated without cause in whole or in part by the Department only with the consent of the Grantee. In the case of a whole agreement termination, the two parties shall agree upon termination conditions, including the effective date. In the case of partial termination, the two parties shall agree upon termination conditions, including the 1279
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
portion to be terminated and the effective date.

B. Noncompliance and Termination with Cause: The Department may terminate this Agreement for Grantee’s failure to comply with the terms and conditions of this Agreement. Terminations for material failure to comply with the Agreement terms and conditions must be reported by the Department to the appropriate federal program integrity and performance system accessible through the System for Award Management (SAM) as per 2 CFR §200.339(b).
1) The Department may initiate remedies for noncompliance as identified in 2 CFR §200.338 at any time it has been determined that the Grantee is no longer meeting the terms and conditions of this Agreement. Remedies for noncompliance may be required in addition to, in lieu of, or prior to termination.
2) Prior to terminating this Agreement for cause or noncompliance, the Department shall submit written notice specifying noncompliance and/or specifying the event or events that if not cured would constitute an event of default. The Department’s written notice shall identify remedies for cure.

Grantee shall have thirty (30) calendar days from receipt of notice to fully cure. This period may be extended at the Department’s discretion for a reasonable period of time if the Grantee is acting in good faith to cure the noncompliance or cause. Any extension of the cure period must be communicated in writing by the Department.
3) The Department’s remedies for Grantee’s noncompliance with a federal statute or regulation, a state statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere may include, as appropriate:
a) Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
b) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance. c) Wholly or partly suspend or terminate the current award for the 1280
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
Grantee’s program or project, as applicable.
d) Withhold further and/or future awards of CDBG/CDBG-CV2/3 funds.
e) Request that HUD initiate federal suspension debarment proceedings.
f) Take other remedies that may be legally available, including, but not limited to:
(i) In the case of costs incurred without meeting a National Objective, require repayment of all funds reimbursed,
including General Administration, Activity Delivery, and any and all Program Income, as appropriate.
4) In taking an action to remedy noncompliance, the Department will provide the Grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee is entitled under any statute or regulation applicable to the action involved as per 2 CFR §200.341.

C. Effects of Suspension and Termination: Grantee costs resulting from obligations incurred by the Grantee or any of the Grantee’s contractors, subrecipients, or subgrantees during a suspension or after termination of an Agreement are not allowable unless otherwise authorized by the Department in written notice or as allowable in 2 CFR §200.342. Termination and remedies for noncompliance identified in this Section do not preclude a Grantee or any of the Grantee’s contractors, subrecipients, or subgrantees from being subject to nonprocurement debarment and suspension requirements at 2 CFR Part 2424.

CDBG-CV2/3 funds may not be provided to excluded or disqualified persons pursuant to 24 CFR §570.489(l).

D. Remedies: All remedies of the Department hereunder are cumulative and not exclusive.

6. Severability
1281
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.

B. The Grantee shall notify the Department immediately of any claim or action undertaken by or against it which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.

7. Waivers
No waiver or any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce, at any time, the provisions of this Agreement or to require, at any time, performance by the Grantee of these provisions shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.

8. Uniform Administrative Requirements
The Grantee, its agencies or instrumentalities, and Subgrantees shall comply with the policies, guidelines and Administrative Requirements of 2 CFR Part 200 et seq., as applicable, as they relate to the cost principles, audit requirements, acceptance and use of federal funds.

A. Single Audit Compliance: Funds will not be disbursed to any Grantee identified by the State Controller's Office (SCO) as non--compliant with the Federal Single Audit Act, as described in the Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards at 2 CFR 200 Sub-Part F. No funds may be disbursed until compliance with the Uniform Administrative Requirements is demonstrated to the satisfaction of the Department.

B. Accounting Standards: Grantee agrees to comply with, and administer the activity in conformance with, 2 CFR § 200.300 et seq, and agrees to adhere to 1282
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

C. Suspension and Debarment: By executing this Agreement, Grantee verifies and affirms that it has not been suspended or debarred from participating in or receiving federal government contracts, subcontracts, loans, grants or other assistance programs.

9. Compliance with State and Federal Laws and Regulations A. Grantee, its agencies or instrumentalities, contractors, sub-grantees, and subrecipients shall comply with all local, state, and federal laws, statutes, and regulations, as well as policies and guidelines established by the Department for the administration of the CDBG-program.

B. Grantee shall comply with the requirements of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (Public Law No: 116-136, the Housing and Community Development Act of 1974 (HCDA) as amended and codified at Title 42 United States Code (U.S.C.) §5301 et. seq., and Subpart 1 of the Federal CDBG Regulations, found at Title 24 Code of Federal Regulations (CFR) §570.480 et. Seq.,2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance, as adopted by HUD at 2 CFR 200 and all federal regulations and policies issued pursuant to these regulations. The Grantee further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

10. Affirmatively Furthering Fair Housing
Grantee shall affirmatively further fair housing, in accordance with the Civil Rights Act of 1964 (42 U.S.C 2000a, et seq.), and the Fair Housing Act (42 U.S.C. 3601, et seq.), according to 42 U.S.C. 5306, et seq. and in compliance with California statute (Gov.

Code sections 65583, et seq.). Grantee shall comply with the Fair Housing Amendment Act of 1988 (Public Law 100-430).

11. Equal Opportunity Requirements and Responsibilities 1283
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
Grantee agrees that it undertakes hereby the same obligations to the Department that the Department has undertaken to HUD pursuant to the Department’s CDBG/CDBGCV2/3 certifications. The obligations undertaken by Grantee include, but are not limited to, the obligation to comply with all applicable federal laws and regulations described in Subpart K of 24 CFR Part 570 and specifically with each of the following:

A. The Housing and Community Development Act of 1974 (Public Law 93-383) that authorized the CDBG program, as amended, and legislative changes contained in the Housing and Urban-Rural Recovery Act of 1983 that authorized the state administered CDBG program for non-entitlement communities, and the Architectural Barriers Act of 1968 (42 U.S.C. Section 4151) that requires publicly funded facilities be accessible to the public;
B. Title VI of the Civil Rights Act of 1964 (Public Law 88-352) prohibiting discrimination based on protected class, as amended, Title VIII of the Fair Housing Act (Public Law 90-284) prohibiting discrimination in housing, as amended; the Civil Rights Restoration Act of 1987 (Public Law 100-259) requiring expanded compliance with civil rights laws for jurisdictions receiving federal funding; Section 104(d), regarding relocation and displacement, and Section 109, prohibiting discrimination in CDBG funded programs, of Title 1 of the Housing and Community Development Act of 1974, as amended; Section 504 of the Rehabilitation Act of 1973 prohibiting recipients of federal funds from discrimination against persons with disability; the Americans With Disabilities Act of 1990 prohibiting all public discrimination against persons with disabilities; the Age Discrimination Act of 1975 prohibiting age-based discrimination in federally funded activities; Executive Order 11063 prohibiting discrimination in disposition of properties owned or financed with federal funds, as amended by Executive Order 12259; and Executive Order 11246 regarding fair employment, as amended by Executive Orders 11375, 11478 and 12086; and HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights;
C. The Equal Employment Opportunity Act of 1972 that created the Equal Employment Opportunity Commission, Equal Employment Opportunity and Affirmative Action requirement (EEO/AA); Grantee shall, in all solicitations or 1284
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
advertisements for employees placed by or on behalf of the Grantee, state that it is an Equal Opportunity or Affirmative Action employer.

12. Relocation, Displacement, and Acquisition
Grantee shall comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, in 24 CFR Part 42, 49 CFR Part 24, and 42 U.S. §5304(d) as they apply to the performance of this Agreement. Grantee agrees to comply with 24 CFR §570.606 relating to the acquisition and disposition of all real property utilizing grant funds and to the displacement of persons, businesses, nonprofit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds.

13.The Training, Employment, and Contracting Opportunities for Business and Lower Income Persons Assurance of Compliance (Section 3):

The Grantee and any of its Subrecipients and/or Contractors shall comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulation at 24 CFR, Part 75. The responsibilities outlined in 24 CFR Part 75.19 include:

A. Implementing procedures designed to notify Section 3 workers about training and employment opportunities generated by Section 3 covered assistance and Section 3 business concerns about contracting opportunities generated by Section 3 covered assistance.

B. Notifying potential Contractors for Section 3 covered projects of the requirements of Part 75, Subpart C and incorporating the Section 3 clause set forth below in all solicitations and contracts in excess of $100,000 as required at 24 CFR 75.27.

Section 3 Clause
The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
1285
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
The parties to this contract agree to comply with HUD's regulations in 24 CFR. Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.

The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75 and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.

The contractor acknowledges that subrecipients, contractors, and subcontractors are required to meet the employment, training, and contraction requirements of 24 CFR 75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.

The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75.
1286
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

The contractor agrees to submit, and shall require its subcontractors to submit to them, annual reports detailing the total number of labor hours worked on the Section 3 Project, the total number of labor hours worked by Section 3 Workers, and the total number of hours worked by Targeted Section 3 Workers, and any affirmative efforts made during the quarter to direct hiring efforts to low- and very low-income persons, particularly persons who are Section 3 workers and Targeted Section 3 workers.

C. Facilitating the training and employment of Section 3 workers and the award of contracts to Section 3 business concerns by undertaking activities such as described in 24 CFR Part 75.25(b), as appropriate, to reach the goals set forth in 24 CFR Part 75.23 and in Federal Register Vol. 85, No. 189, page 60909, until superseded by HUD in a subsequent publication. As of September 29, 2020, the minimum Section 3 benchmark is twenty-five (25) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Section 3 workers; and five (5) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Targeted Section 3 workers.

D. Documenting actions taken to comply with the foregoing requirements, the results of those actions taken and impediments, if any.

14. Environmental Compliance
A. Grantee shall comply with the California Environmental Quality Act (CEQA) (Pub.

Resources Code § 21000, et seq.) requirements as they apply to this project.

CEQA reviews and determinations are the responsibility of local agencies and shall be administered by the Grantee as applicable.

B. Grantee shall comply with the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq., as amended, and 33 U.S.C. § 1318 relating to inspection, monitoring, entry, reports, and information, and all regulations and guidelines issued thereunder.

C. Grantee shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
1287
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
D. Grantee shall comply with Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50 regarding air quality protections, as amended.

E. Grantee shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. §4001). Grantee shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, that flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

F. Grantee shall comply with the requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and Section 401(b) of the Lead-Based Paint Poisoning Prevention Act of 1971. Grantee agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR §570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBGassisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of leadbased paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be required.

G. Grantee shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. Grantee shall also comply with federal Executive Order 11593 on the protection and enhancement of the cultural environment. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic 1288
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
property list.

H. Grantee shall comply with all National Environmental Protection Act (NEPA) requirements as applicable to the performance of this Agreement as found in 24 CFR Part 50, 24 CFR Part 58, as applicable, and 40 CFR Parts 1500 – 1508.

The CARES Act provides that CDBG-CV funds may be used to cover or reimburse allowable costs of eligible activities to prevent, prepare for, and respond to coronavirus incurred by a Grantee after January 21, 2020. However, Grantee shall not execute this Agreement nor receive reimbursement for preagreement eligible activity costs until they have successfully documented compliance with the applicable NEPA requirements, including public noticing and publishing.

I. This Agreement does not constitute a commitment of funds or site approval, and the commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the Grantee of an approval of the request for release of funds and certification from the Department under 24 CFR Part 50, 24 CFR Part 58, and 40 CFR 1500 - 1508. The provision of any funds to the project is conditioned on the Grantee’s determination to proceed with, modify or cancel the project based on the results of the environmental review. The Grantee will not receive appropriate notice to proceed until they have successfully documented compliance with the applicable NEPA requirements, including public noticing and publishing.

15. Procurement
The Grantee shall comply with the procurement provisions in 2 CFR §200.317 – 200.326, Procurement Standards, as well as all other Administrative Requirements for Grants and Cooperative Agreements to state, local and federally recognized Indian tribal governments as set forth in 2 CFR Part 200, et seq., as applicable.

16. Procurement of Recovered Materials
A. Grantee and the Grantee’s contractors shall comply with Section 6002 of the Solid Waste Disposal Act of 1965, as amended by the Resource Conservation and Recovery Act. The Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain 1289
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, unless the Contractor determines that such items:
1) are not reasonably available in a reasonable period of time; 2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or
3) are only available at an unreasonable price.

B. This clause shall apply to items purchased under this Agreement or subsequent contract where:
1) the Contractor purchases in excess of $10,000.00 of the item under this Agreement; or
2) during the preceding federal fiscal year, the Contractor:
a) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and
b) purchased a total of in excess of $10,000.00 of the item both under and outside that contract.

17. Contracting and Labor Standards
A. Grantee shall comply with the Davis-Bacon Act (40 U.S.C. §§ 3141-3148) and 29 CFR Subtitle A, Parts 1, 3 and 5, as applicable, to construction, alteration, and repair contracts over $2,000.00.

B. Grantee shall ensure that all contracts comply with the Anti-Kickback Act of 1986 (41 U.S.C. §§ 51-58) that prohibits attempted as well as completed "kickbacks," which include any money, fees, commission, credit, gift, gratuity, thing of value, 1290
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
or compensation of any kind.

C. Grantee shall ensure all contracts comply with the Contract Work Hours and Safety Standards Act of 1962 (40 U.S.C. § 3702) which requires that workers receive overtime compensation at a rate of one and one-half (1-1/2) times their regular hourly wage after they have worked forty (40) hours in one week.

D. Grantee shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Department for review upon request.

18. Prevailing Wages
A. Where funds provided through this Agreement are used for construction work, or in support of construction work, the Grantee shall ensure that the requirements of California Labor Code, Chapter 1, commencing with Section 1720, Part 7 [California Labor Code Sections 1720-1743] (pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations) are met.

B. Where funds provided through this Agreement are used for construction work or in support of construction work, the Grantee shall also ensure that the federal requirements of the Davis Bacon Act codified at 40 U.S.C. § 3141, et seq. (as amended), pertaining to federal labor standards and compliance, are met and documented. Grantee recognizes that multiple labor standards (both state prevailing wage and federal Davis-Bacon Act) may apply to the project and both standards must be satisfied.

C. For the purposes of this requirement "construction work" includes, but is not limited to, rehabilitation, alteration, demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract with a properly licensed building contractor incorporating these requirements (the "construction contract"). Where the construction contract will be between the Grantee and a licensed building contractor, the Grantee shall serve as the "awarding body" as that term is defined in the California Labor Code. Where the 1291
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
Grantee will provide funds to a third party that will enter into the construction contract with a licensed building contractor, the third party shall serve as the "awarding body." Prior to any disbursement of funds, including but not limited to release of any final retention payment, the Department may require a certification from the awarding body that prevailing wages have been or will be paid.

D. The applicable wage rate determination on construction work will be the more restrictive of the rate prescribed in the California Labor Code Sections 1770- 1784, or the Davis-Bacon Wage Determination.

19. Contractors and Subrecipients
A. Grantee shall comply with 24 CFR Part 2424 and shall not enter into any agreement, written or oral, with any contractor or subrecipient without the prior determination that the contractor or subrecipient is eligible to receive CDBG funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors.

B. Any agreement between the Grantee and any contractor or subrecipient shall include the terms and conditions in Appendix II of 2 CFR Part 200.

C. Grantee shall ensure that any contract or subrecipient agreement includes clauses requiring the maintenance of workers’ compensation insurance, as applicable, as well as general liability insurance. Contract or subrecipient agreements must require that the Grantee is notified in the event that any required insurance is canceled, expired, or otherwise invalidated during the performance period of the contract or subrecipient agreement.

D. Grantee shall require that contractors and subrecipients comply with the Drug-Free Workplace Act of 1988.

20. Requirements for Economic Development Activities
A. Public Benefit Standards for Economic Development Activities: Per 24 CFR §570.482 (e) (f), (g) and §570.483(b)(4), the Grantee must comply with federal underwriting standards and must meet the public benefit standards for all 1292
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
CDBG Economic Development activities under 42 U.S. §5305(a)(17). The use of public benefit standards is mandatory.

B. Anti-Job Pirating Certification: Pursuant to 24 CFR §570.482(h) CDBG funds may not be used to directly assist a business, including a business expansion, in the relocation of a plant, facility, or operation from one labor market area to another labor market area if the relocation is likely to result in a significant loss of jobs in the labor market area from which the relocation occurs. Job loss of more than 500 employees is always considered significant. Job loss of 25 or fewer positions is never considered significant.

21. Rights to Inventions Made Under a Contract or Agreement Grantee shall comply with and require the following in contracts and subrecipient agreements: If a Federal award meets the definition of “funding agreement” under 37 CFR §401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of recipient or subrecipient must comply with requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,“ and any implementing regulation issued by the awarding agency.

22. Prohibition Against Payments of Bonus or Commission The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of:

A. Obtaining the Department's approval of the Application for such assistance or additional assistance; or,
B. Securing any other approval or concurrence of the Department required under this Agreement, Title I of the Housing and Community Development Act of 1974, or the State regulations or Program Guidelines with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.
1293
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021

23. Reporting Requirements
A. Requirements: During the term of this Agreement, the Grantee must submit all CDBG program reports required by the Department, including quarterly activity, financial, and Program Income reports, semi-annual labor and compliance reports, annual performance reports, and other reports required by the Department or HUD. The Department reserves the right to request additional detail and support for any report made. Reports must be made according to the dates identified, unless otherwise specified at the discretion of the Department.

The Grantee's performance under this Agreement will be evaluated in part on whether it has submitted the reports on a timely basis.

B. Reporting Period: Grantee shall submit reports quarterly, and as required for semi-annual and annual reports, and shall continue to submit reports until such time that the activity is complete, a National Objective has been met and beneficiaries have been identified. The reporting period for this activity may extend beyond the Expenditure Deadline as defined in Exhibit A.

C. Final Reporting Deadline: Grantee shall complete all required reporting for this activity no later than sixty (60) days after the expiration of the Expenditure Deadline. Extensions for final reporting must be approved in writing by the Department.

D. Asset Reporting: Grantee shall report annually on the status of all assets (real and personal property, equipment, and vehicles) purchased in whole or in part with CDBG/CDBG-CV2/3 funds for no less than five years from the completion of the activity that generated the asset. Reporting shall continue until the property is disposed, fully depreciated, or, in the event of real property, the five-year commitment to a National Objective has been completed.

24. Fiscal Controls
Grantee shall be responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. The Grantee shall establish and maintain such fiscal controls and fund accounting procedures as required by federal regulations, or as may be deemed necessary by the Department to ensure the proper disbursal of, and accounting for, funds paid to the Grantee under this Agreement. 1294
City of South Lake Tahoe
20-CDBG-CV2-3-00274

EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 09/24/2021
A. Deposit of Funds: Grantee shall maintain separate accounts within established bookkeeping systems for the deposit of CDBG -CV2/3 funds. All cash advances must be deposited in an interest-bearing account; any interest earned in excess of $100.00 per year (which may be retained for related administrative expenses) must be returned at least quarterly to HUD via the Department. Deposits in minority banks are encouraged.

B. Fund Management: Grantee shall deposit funds in an account requiring two signatures for disbursement and shall submit to the Department specimen signatures for all authorized signatories prior to receipt of funds; C. Fiscal Liability: Grantee shall be liable for all amounts which are determined to be due by the Department including, but not limited to, disallowed costs which are the result of Grantee’s or its contractor’s conduct under this Agreement. Grantee shall be notified in writing and shall be permitted to respond regarding any controversy or proceeding between the Department and HUD arising from this Agreement.

D. Fiscal Records: All financial transactions must be supported by complete and verifiable source documents. Records shall provide a clear audit trail and shall be maintained as specified in Section 25 of this Agreement.

E. Program Income: Any and all Program Income received by Grantee during the administration of this Agreement must be receipted and deposited into a separate Program Income account. Program Income funds may not be comingled with CDBG grant funds in a single account.

25. Reversion of Assets
Upon expiration of this Agreement, Grantee shall transfer to the Department any CDBGCV2/3 funds, excluding Program Income, in Grantee’s control at the time of expiration.

Further, any real property under Grantee’s control that was acquired and/or improved in whole or in part with CDBG/CDBG-CV2/3 funds (including CDBG-CV2/3 funds provided to the Grantee in the form of a loan and Program Income) in excess of $35,000.00 shall be either:
1295
City of South Lake Tahoe
20-CDBG-CV2-3-00274