Copyright, CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORYOTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COMMON POLICY CONDITIONS
The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insuredunder your policy provided that:
1. The additional insured is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seekcontribution from any other insurance available to the additional insured.
All other terms and conditions of the Policy remain unchanged.
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BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORMBUSINESSOWNERS COMMON POLICY CONDITIONS
TABLE OF CONTENTS
I. Blanket Additional Insured Provisions
A. Additional Insured û Blanket Vendors
B. Miscellaneous Additional Insureds
C. Additional Provisions Pertinent to Additional Insured Coverage
1.a. Primary û Noncontributory provision
1.b. Definition of "written contract"
2. Additional Insured û Extended Coverage
II. Liability Extension Coverages
A. Bodily Injury û Expanded Definition
B. Broad Knowledge of Occurrence
C. Estates, Legal Representatives and Spouses
D. Fellow Employee First Aid
E. Legal Liability û Damage to Premises
F. Personal and Advertising Injury û Discrimination or Humiliation G. Personal and Advertising Injury û Broadened Eviction H. Waiver of Subrogation û Blanket
I. BLANKET ADDITIONAL INSURED PROVISIONS
A. ADDITIONAL INSURED û BLANKET VENDORS
Who belowasvendor) Is An Insured is amended to include as an additional insured any person or organization (referred to with whom you agreed under a " written contract" to provide insurance, but only with respect to" bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regularcourse of the vendor's business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a." Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of theassumptionofliabilityinacontractoragreement. damagesthat This exclusion does not apply to liability for the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or thesubstitutionofpartsunderinstructionsfromthemanufacturer, originalcontainer; and then repackaged in the e. Anymakeor failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to saleof normally undertakes to make in the usual course of business, in connection with the distribution orthe products; f. Demonstration, installation, servicing or repair operations, except such operations performed at thevendor' s premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or
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h."oromissions Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts notapply or those of its employees or anyone else acting on its behalf. However, this exclusion doesto:
1) The exceptions contained in Subparagraphs d. or f.; or 2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normallyundertakestomakeintheusualcourseofbusiness, in connection with the distribution or sale of theproducts.
2. This suchproducts, insurance does not apply to any insured person or organization, from whom you have acquired or any ingredient, part or container, entering into, accompanying or containing such products.
3. This andmade provision 2. does not apply to any vendor included as an insured by an endorsement issued by us a part of this Policy.
4. This provision 2. does not apply if "bodily injury" or " property damage" included within the " productscompleted operations hazard" is excluded either by the provisions of the Policy or by endorsement.
B. MISCELLANEOUS ADDITIONAL INSUREDS
1. Who additionalinsured) Is An Insured is amended to include as an insured any person or organization ( called additionalinsured described in paragraphs 3.a. through 3.j. below whom you are required to add as an on this policy under a "written contract."
2. However, willnot subject always to the terms and conditions of this policy, including the limits of insurance, we provide the additional insured with:
a. A higher limit of insurance than required by such "written contract;" b. Coverage describedby broader than required by such "written contract" and in no event greater than that the applicable paragraph a. through k. below; or
c. Coverage for " bodily injury" or " property damage" included within the " products- completedoperationshazard." But this paragraph c. does not apply to the extent coverage for such liability isprovided by paragraph 3.j. below.
Any coverage granted by this endorsement shall apply only to the extent permitted by law.
3. Only the following persons or organizations can qualify as additional insureds under this endorsement:
a. Controlling Interest
Anyarisingout persons or organizations with a controlling interest in you but only with respect to their liability of:
1) such person or organization's financial control of you; or 2) Premises such person or organization owns, maintains or controls while you lease or occupy thesepremises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises
A
theco- co-owner of a premises co-owned by you and covered under this insurance but only with respect toowners liability for "bodily injury,"" property damage" or "personal and advertising injury" as coowner of such premises. c. Grantor of Franchise
Any ororganization' person or organization that has granted a franchise to you, but only with respect to such person asgrantor s liability for "bodily injury,"" property damage," or "personal and advertising injury"of a franchise to you. 261
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d. Lessor of Equipment
Any bodilyinjury,"person or organization from whom you lease equipment, but only with respect to liability for " property damage" or "personal and advertising injury" caused in whole or in part by yourmaintenance, operation or use of such equipment, provided that the " occurrence" giving rise to such" advertisinginjury" bodily injury" or " property damage" or the offense giving rise to such " personal and takes place prior to the termination of such lease.
e. Lessor of Land
Any person or organization from whom you lease land, but only with respect to liability for "bodily injury,"" property damage" or " personal and advertising injury" arising out of the ownership, maintenance oruseofthatspecificpartofthelandleasedtoyou, provided that the " occurrence" giving rise to such" advertisinginjury," bodily injury" or " property damage" or the offense giving rise to such " personal and takes place prior to the termination of such lease. The insurance hereby afforded to the additionalinsureddoesnotapplytostructuralalterations, new construction or demolition operations performed by, on behalf of or for such additional insured.
f. Lessor of Premises
An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but onlywithrespecttoliabilityfor" bodily injury,"" property damage" or " personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, andprovidedthatthe" occurrence" giving rise to such " bodily injury" or " property damage" or the offensegivingrisetosuch" personal and advertising injury,"takes place prior to the termination of such lease.
The newconstruction insurance hereby afforded to the additional insured does not apply to structural alterations, or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee, Assignee or Receiver
A
orreceiver' mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, arisingout s liability for "bodily injury,"" property damage" or "personal and advertising injury" of the ownership, maintenance, or use of a premises by you.
This insurance does not apply to structural alterations, new construction or demolition operationsperformed by, on behalf of or for such additional insured. h. State or Political Subdivisions
A
orauthorization, state or government agency or subdivision or political subdivision that has issued a permit sliability but only with respect to such government agency or subdivision or political subdivision' for "bodily injury," "property damage" or "personal and advertising injury" arising out of:
1) The following hazards in connection with premises you own, rent, or control and to which thisinsurance applies:
a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistawayopenings, sidewalk vaults, street banners, or decorations and similar exposures; or b) The construction, erection, or removal of elevators; or c) The ownership, maintenance or use of any elevators covered by this insurance; or 2) The grantedby permitted or authorized operations performed by you or on your behalf. But the coverage this paragraph does not apply to:
a)" Bodily injury"," property damage" or " personal and advertising injury" arising out ofoperationsperformedforthestateorgovernmentagencyorsubdivisionorpoliticalsubdivision; or
b)" Bodily injury" or " property damage" included within the " products-completed operationshazard." With respect to this provision's requirement that additional insured status must be requested under a" addthe written contract," we will treat as a "written contract" any governmental permit that requires you togovernmental entity as an additional insured. 262
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i. Trade Show Event Lessor
With anyperson respect to your participation in a trade show event as an exhibitor, presenter or displayer, or organization whom you are required to include as an additional insured, but only with respect tosuchpersonororganization' andadvertising s liability for " bodily injury,"" property damage," or " personal injury" caused by:
a. Your acts or omissions; or
b. Acts or omissions of those acting on your behalf;
in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization
Any person or organization who is not an additional insured under paragraphs a. through i. above. Suchadditionalinsuredisaninsuredsolelyfor" andadvertising bodily injury,"" property damage" or " personal injury" for which such additional insured is liable because of your acts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
1) For "bodily injury,"" property damage," or "personal and advertising injury" arising out of therendering or failure to render any professional services; 2) For " bodily injury" or " property damage" included in the " products-completed operationshazard." But this provision (2) does not apply to such "bodily injury" or "property damage" if:
a) It is entirely due to your negligence and specifically results from your work for the additionalinsured which is the subject to the "written contract"; and b) The "written contract" requires you to make the person or organization an additional insured forsuch " bodily injury" or "property damage"; or 3) Who is afforded additional insured coverage under another endorsement attached to this policy.
C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE
1. With respect only to additional insured coverage provided under paragraphs A. and B. above:
a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to theCondition entitled Other Insurance:
This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a "written contract" requires that this insurance beeitherprimaryorprimaryandnoncontributing, then this insurance will be primary and non- contributoryrelative solely to insurance on which the additional insured is a named insured. b. Under Liability and Medical Expense Definitions, the following definition is added:
ororganization Written contract" means a written contract or agreement that requires you to make a personan additional insured on this policy, provided the contract or agreement:
1) Is currently in effect or becomes effective during the term of this policy; and 2) Was executed prior to:
a) The "bodily injury" or "property damage;" or
b) The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage.
2. Withothis respect to any additional insured added by this endorsement or by any other endorsement attached personsinsureds. Coverage Part, the section entitled Who Is An Insured is amended to make the following natural If the additional insured is:
a. An individual, then his or her spouse is an insured; 263
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b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; d. Anexecutiveofficers, organization other than a partnership, joint venture or limited liability company, then its directors and shareholders are insureds; or
e. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and ofadditional only with respect to their respective roles within their organizations. Furthermore, employees insureds are not insureds with respect to liability arising out of:
1)"personlisted Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural in paragraphs a. through d. above;
2)" Property damage" to property owned, occupied or used by their employer or by any fellow employee; or 3) Providing or failing to provide professional health care services.
II. LIABILITY EXTENSION COVERAGES
It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If anyotherendorsementattachedtothispolicyamendsanyprovisionalsoamendedbythisendorsement, otherendorsement then that donot controls with respect to such provision, and the changes made by this endorsement to such provisionapply.
A. Bodily injury û Expanded Definition
Under bythe Liability and Medical Expenses Definitions, the definition of "Bodily injury" is deleted and replaced following:
Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, physicalinjury, mental anguish or mental injury by that person at any time which results as a consequence of the sickness or disease.
B. Broad Knowledge of Occurrence
Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following:
Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to:
1) You or any additional insured that is an individual; 2) Any partner, if you or an additional insured is a partnership; 3) Any manager, if you or an additional insured is a limited liability company; 4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; 5) Any trustee, if you or an additional insured is a trust; or 6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity.
This paragraph applies separately to you and any additional insured.
C. Estates, Legal Representatives and Spouses
The underthis estates, heirs, legal representatives and spouses of any natural person insured shall also be insured policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses onlyforclaimsarisingsolelyoutoftheircapacityassuchand, in the case of a spouse, where such claim seeksdamagesfrommaritalcommonproperty, jointly held property, or property transferred from such natural personinsuredtosuchspouse. No coverage is provided for any act, error or omission of an estate, heir, legalrepresentativeorspouseoutsidethescopeofsuchperson' s capacity as such, provided however that the spouseofanaturalpersonNamedInsuredandthespousesofmembersorpartnersofjointventureorpartnershipNamed NamedInsured' Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the s business.
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D. Fellow Employee First Aid Coverage
In the section entitled Who Is An Insured, paragraph 2.a.1. is amended to add the following:
The bodilyinjury" limitations described in subparagraphs 2.a.1.(a),( b) and (c) do not apply to your "employees" for " that results from providing cardiopulmonary resuscitation or other first aid services to a co-"employee" or" yourbusiness. volunteer worker" that becomes necessary while your "employee" is performing duties in the conduct of Your "employees" are hereby insureds for such services. But the insured status conferred by thisprovisiondoesnotapplyto" careservices employees" whose duties in your business are to provide professional health or health examinations.
E. Legal Liability û Damage To Premises
1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, isreplaced by the following:
k. Damage To Property
Property damage" to:
1. Property otherperson, you own, rent or occupy, including any costs or expenses incurred by you, or any organization or entity, for repair, replacement, enhancement, restoration or maintenance ofsuchpropertyforanyreason, sproperty; including prevention of injury to a person or damage to another'
2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of thosepremises;
3. Property loaned to you;
4. Personal property in the care, custody or control of the insured;
5. That particular part of any real property on which you or any contractors or subcontractors workingdirectlyorindirectlyinyourbehalfareperformingoperations, ofthose if the "property damage" arises out operations; or
6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it.
Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you.
Paragraphs fireor 1, 3, and 4, of this exclusion do not apply to "property damage"( other than damage by explosion) to premises:
1) rented to you:
2) temporarily occupied by you with the permission of the owner, or 3) to the contents of premises rented to you for a period of 7 or fewer consecutive days.
A
ûLiability separate limit of insurance applies to Damage To Premises Rented To You as described in Section Dand Medical Expenses Limits of Insurance.
Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph 6 of this exclusion does not apply to " property damage" included in the " productscompleted operations hazard."
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, andreplacesthesimilarparagraph, andAdvertising if any, beneath paragraph ( 14) of the exclusion entitled Personal Injury:
Exclusions youor c, d, e, f, g, h, i, k, l, m, n, and o, do not apply to damage by fire to premises while rented to temporarily occupied by you with permission of the owner or to the contents of premises rented to you for aperiodof7orfewerconsecutivedays. A separate limit of insurance applies to this coverage as described inSection D. Liability And Medical Expenses Limits Of Insurance. 265
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3. The entitledLiability first Paragraph under item 5. Damage To Premises Rented To You Limit of the section And Medical Expenses Limits Of Insurance is replaced by the following:
The onepremises, most we will pay under Business Liability for damages because of " property damage" to any while rented to you or temporarily occupied by you with the permission of the owner, includingcontentsofsuchpremisesrentedtoyouforaperiodof7orfewerconsecutivedays, is the Damage toPremises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of:
a.$ 1,000,000; or
b. The Damage to Premises Rented to You Limit shown in the Declarations.
F. Personal and Advertising Injury û Discrimination or Humiliation
1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" isamended to add the following:
h. Discrimination onlyif or humiliation that results in injury to the feelings or reputation of a natural person, but such discrimination or humiliation is:
1) Not done intentionally by or at the direction of:
a) The insured; or
b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limitedliability company) of the insured; and
2) Not ortermination directly or indirectly related to the employment, prospective employment, past employment of employment of any person or person by any insured.
2. Under andAdvertising B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal Injury is amended to add the following additional exclusions:
15)Discrimination Relating to Room, Dwelling or Premises Caused prospectivesale, by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. 16)Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. 17)Fines or Penalties
Fines or penalties levied or imposed by a governmental entity because of discrimination.
3. This provision ( Personal and Advertising Injury û Discrimination or Humiliation) does not apply ifPersonalandAdvertisingInjuryLiabilityisexcludedeitherbytheprovisionsofthePolicyorbyendorsement.
G. Personal and Advertising Injury - Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of " Personal and advertising injury" isamended to delete Paragraph c. and replace it with the following:
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a roomdwellingorpremisesthatapersonororganizationoccupiescommittedbyoronbehalfofitsowner, landlordor lessor.
H. Waiver of Subrogation û Blanket
We waive any right of recovery we may have against:
a. Any person or organization with whom you have a written contract that requires such a waiver.
All other terms and conditions of the Policy remain unchanged. 266
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IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS- COMPLETED OPERATIONS COVERAGE AND
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORMBUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add asanadditionalinsuredonthispolicyunderawrittencontractorwrittenagreement; writtenagreement but the written contract or must be:
1. Crrently in effect or becoming effective during the term of this policy; and
2. Executed prior to the:
a." Bodily injury" or "property damage"; or
b. Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage
B. The insurance provided to the additional insured is limited as follows:
1. The propertydamage" person or organization is an additional insured only with respect to liability for " bodily injury,"" or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c." Your work" that is specified in the written contract or written agreement, but only for " bodily injury" or" property damage" included in the "products-completed operations hazard," and only if:
1) The written contract or written agreement requires you to provide the additional insured such coverage; and
2) This Coverage Part provides such coverage.
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or writtenagreementorintheDeclarationsofthispolicy, andnot whichever is less. These Limits of Insurance are inclusive of, in addition to, the Limits of Insurance shown in the Declarations.
3. The insurance provided to the additional insured does not apply to " bodily injury,"" property damage" or" personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure torender any professional services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performingservices on a project of which you serve as construction manager; or b. Inspection, ofwhich supervision, quality control, engineering or architectural services done by you on a project you serve as construction manager.
4. The insurance provided to the additional insured does not apply to " bodily injury,"" property damage" or" aconstruction personal and advertising injury" arising out of construction or demolition work while you are acting asor demolition contractor.
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C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following:
An additional insured under this endorsement will as soon as practicable:
1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance;
2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part;
3. Except as provided for in paragraph D.2. below:
a. Tender aloss the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for we cover under this Coverage Part; and
b. Agree to make available any other insurance which the additional insured has for a loss we cover under thisCoverage Part.
We noticeof have no duty to defend or indemnify an additional insured under this endorsement until we receive written a claim or "suit" from the additional insured.
D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of theBUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace themwith the following:
2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent beprimary or on any other basis, But if required by the written contract or written agreement, this insurance will and noncontributory relative to insurance on which the additional insured is a Named Insured.
3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additionalinsuredagainstany" suit" if any other insurer has a duty to defend the additional insured against that "suit" If nootherinsurerdefends, againstall we will undertake to do so, but we will be entitled to the additional insured's rights those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and b) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess InsuranceprovisionandwasnotboughtspecificallytoapplyinexcessoftheLimitsofInsuranceshownintheDeclarationsof this Coverage Part.
E. Additional Insured û Extended Coverage
When sectionentitled an additional insured is added by this or any other endorsement attached to this Coverage Part, the Who Is An Insured is amended to make the following natural persons insureds:
If the additional insured is:
1. An individual, then his or her spouse is an insured;
2. A partnership or joint venture, then its partners, members and their spouses are insureds;
3. A limited liability company, then its members and managers are insureds;
4. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or
5. Any type of entity, then its employees are insureds; butonlywith only with respect to locations and operations covered by the additional insured endorsement's provisions, and notinsureds respect to their respective roles within their organizations. Furthermore, employees of additional insureds arewith respect to liability arising out of:
1)" Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed inparagraphs 1. through 4. above; 268
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2)" Property damage" to property owned, occupied or used by their employer or by any fellow employee; or 3) Providing or failing to provide professional health care services.
F. The COMMONPOLICY condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS CONDITIONS is amended to deleted paragraph 2. and replace it with the following:
2. We waive any right of recovery we may have against any person or organization with whom you have agreed towaivesuchrightofrecoveryinawrittencontractoragreementbecauseofpaymentswemakeforinjuryordamagearisingoutofyourongoingoperationsor" ororganization your work" done under a contract with that person and included within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. 269
CNA
1 Business Auto Policy
Policy Endorsement
LESSOR - ADDITIONAL INSURED AND LOSS PAYEE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below.
Named Insured: EASTERN SIERRA ENGINEERING PC
Endorsement Effective Date: 03/4/ 2025
SCHEDULE
Insurance Company: The Continental Insurance Company
Policy Number: 7018289473 Effective Date: 03/4/ 2025
Expiration Date: 03/4/ 2026
Named Insured: EASTERN SIERRA ENGINEERING PC
Address: 4515 TOWNE DR
RENO, NV 89521- 9808
Additional Insured ( Lessor):
Address:
Designation Or Description Of " Leased Autos": Per Schedule On File With Company Coverages Limit Of Insurance Or Deductible
Liability 1, 000,00 Each" Acident"
Comprehensive Refer to Declarations Deductible For Each Covered " Leased Auto" Collision Refer to Declarations Deductible For Each Covered " Leased Auto" Specified Causes Of Loss Deductible For Each Covered " Leased Auto" Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Form No: CA 20 01 11 20
Endorsement Effective Date:
Endorsement No: 6; Page: 1 of 2
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Endorsement Expiration Date:
Policy No: BUA 7018289473
Policy Effective Date: 03/4/ 2025
Policy Page: 51 of 107
Copyright Insurance Services Office, Inc., 2019 270
CNA Business Auto Policy
Policy Endorsement
A. Coverage
1. Any " leased auto" designated or described in the Schedule will be considered a covered " auto" you own and not a covered " auto" you hire or borrow.
2. For a " leased auto" designated or described in the Schedule, the Who Is An Insured provision under Covered Autos Liability Coverage is changed to include as an " insured" the lessor named in the Schedule. However, the lessor is an " insured" only for " bodily injury" or " property damage" resulting from the acts or omissions by:
a. You;
b. Any of your " employees" or agents; or
c. Any person, except the lessor or any " employee" or agent of the lessor, operating a " leased auto" with the permission of any of the above.
3. The coverages provided under this endorsement apply to any " leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the " leased auto", whichever occurs first.
B. Loss Payable Clause
1. We will pay, as interest may appear, you and the lessor named in this endorsement for " loss" to a leased auto".
2. The insurance covers the interest of the lessor unless the " loss" results from fraudulent acts or omissions on your part.
3. If we make any payment to the lessor, we will obtain his or her rights against any other party.
C. Cancellation
1. If we cancel the Policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition.
2. If you cancel the Policy, we will mail notice to the lessor.
3. Cancellation ends this agreement.
D. The lessor is not liable for payment of your premiums.
E. Additional Definition
As used in this endorsement:
Leased auto" means an " auto" leased or rented to you, including any substitute, replacement or extra auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor.
Form No: CA 20 01 11 20
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: 6; Page: 2 of 2
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 7018289473
Policy Effective Date: 03/4/ 2025
Policy Page: 52 of 107
Copyright Insurance Services Office, Inc., 2019 271
CNA
1 Business Auto Policy
Policy Endorsement
DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person( s) or organization( s) who are " insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: EASTERN SIERRA ENGINEERING PC
Endorsement Effective Date: 03/4/ 2025
SCHEDULE
Name Of Person( s) Or Organization( s):
BLANKET ADDITIONAL INSURED WHERE REQUIRED BY CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is an " insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured provision contained in Paragraph A. 1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D. 2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form.
Form No: CA 20 48 10 13
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: 7; Page: 1 of 1
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 7018289473
Policy Effective Date: 03/4/ 2025
Policy Page: 53 of 107
Copyright Insurance Services Office, Inc., 201 1 272
Liberty
Mutual
INSURANCE
NCCI Co. No.
Named Insured
19291
Coverage Is Provided In:
Ohio Security Insurance Company
175 Berkeley St., Boston, MA 02116
Workers Compensation and
Employers Liability Insurance Policy
Information Page
Agent
Policy Number:
XWS ( 26) 61 93 97 62
Policy Period:
From 11/ 01/ 2025 To 11/ 01/ 2026
Endorsement Period:
From To
12: 01 am Standard Tame
at Insured' s Mailing Address
CIVIL SOLUTIONS ASSOCIATES INC.
EXTENSION OF INFORMATION PAGE State: NEVADA
513) 831- 2200
BROWN & BROWN INSURANCE SERVICES,
INC.
ITEM 4 The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans.
All information required below is subject to verification and change by audit.
Classifications
CIVIL SOLUTIONS ASSOCIATES INC.
4515 Towne Dr
Reno, NV 89521- 9808
NLC 001 CSN 001 state 27 exp rec link 00003
Clerical Office Employees NOC
Code
No.
8810
Architectural or Engineering Firm - Including Salespersons & Drivers
Premium Basis - Total
Estimated Annual
Remuneration
if any
8601 958, 000.
308 Dorla Ct
Zephyr Cove, NV 89448
NLC 001 CSN 001 state 27 exp rec link 00004
Boy And Girl Scout Councils: Clerical Office Employees Other Than At Camp Locations
8810 if any
Waiver of Subrogation Premium 0930
Premium for Increased Limits Part Two 9812
Premium to equal incr. Limits Part Two Min. Prem 9848
Total Subject Premium
Premium Modified to Reflect Experience Mod. Of 9898
Price Point Modification
Total Estimated Annual Standard Premium
Issue Date
9734 debit
Rate per
100 of
Remuneration
Estimated
Annual
Premium
21 . 00
51 4, 886. 00
21 . 00
0117
950
1. 383
100. 00
54. 00
42. 00
5, 082.0
4, 828. 00
570. 00
5, 398. 00
Countersigned by'
To report a claim, call your Agent or 1- 844- 325- 2467 WC 99 06 42 A
61939762 POLSVCS 560 INSURED COPY 000919 PAGE 51 OF 92
273
CONTRACT /AGREEMENT AUTHORIZATION ROUTING FORM
STAFF
CONTACT
INFORMATION
NAME:
DEPARTMENT:
PHONE:
DATE OF SUBMITTAL:
CONTRACT/
AGREEMENT
INFO.
NAME:
CONTRACTOR/ CONSULTANT:
START: END: OPTION TO RENEW:
AMOUNT OF CONTRACT: $
BUDGET
INFORMATION
ACCOUNT NO.:
BUDGET AVAILABLE:
FUNDING VERIFIED:
GRANT FUNDING? Source___________ Federal? Yes___ No___
Brief Description:
Does this contract involve the following: construction, reconstruction, alteration, renovation, improvement, demolition, painting, re-painting, and/or repair work involving any publicly owned, leased, or operated facility? Yes_____ No_____ If yes, forward to Public Works for review Public Works Director authorization required)
Does this contract require special permitting, environmental review, CEQA/NEPA, Planning Dept. review, Commission approval? Yes______ No_____ If yes, forward to Development Services Department for review (Director of Developmental Services authorization required) Reviewing Authority Signature
Department Head ____________________
Public Works Director _____________________
where applicable)
Dev. Services Director _____________________
where applicable)
Finance Director ____________________
City Attorney _____________________
City Manager _____________________
City Clerk _____________________
Date Signed
City Council Meeting Date (over $60K or where applicable): ____________________ Type of
Contract
Professional Services Agreement _____ License_____ MOU ____ Lease ______ Purchase Order ______ Purchase Agreement______ Construction______ Revenue Contract ______ Operation/ Concession Agreement ______ Deed_____ Maintenance Agreement ______ Public Works Contract ______ Vehicle _______ Motorized Equipment _______ IT/Electronic Equipment_______ Susan Blankenship ( Oct 3, 2025 13: 04: 23 PDT)
4 Cameron Grant
Public Works Engineering
530- 318- 1711
Jennifer Roman
Eastern Sierra Engineering
58,500
100033210-42025 Engineering Contract Services
4 4
yes
455,833.32
4 2510/ 1/25 11/28/
Oct 3, 2025
Oct 3, 2025
Oct 3, 2025
Heather Stroud ( Oct 3, 2025 13: 30: 27 PDT) Oct 3, 2025 Joe Irvin ( Oct 3, 2025 18: 32: 40 PDT) Oct 3, 2025
274
C-221-2025 Motel 6 Bridge Pier Protection
Final Audit Report 2025- 10-04
Created: 2025- 10-03
By: Michelle Davis ( medavis@cityofslt. gov)
Status: Signed
Transaction ID: CBJCHBCAABAABUBHfkz_ y-K37RWwZeAVR1m- kz7agjJu C-221-2025 Motel 6 Bridge Pier Protection" History
Document created by Michelle Davis ([email protected]) 2025- 10- 03 - 7:51:51 PM GMT
Document emailed to Susan Blankenship ([email protected]) for signature 2025- 10- 03 - 7:55:43 PM GMT
Email viewed by Susan Blankenship ( sblankenship@cityofslt. gov) 2025- 10- 03 - 7:57:41 PM GMT
Document e-signed by Susan Blankenship ([email protected]) Signature Date: 2025- 10-03 - 8:04:23 PM GMT - Time Source: server Document emailed to John Dickinson ([email protected]) for signature 2025- 10- 03 - 8:04:26 PM GMT
Email viewed by John Dickinson ([email protected]) 2025- 10- 03 - 8:13:07 PM GMT
Document e-signed by John Dickinson ([email protected]) Signature Date: 2025- 10-03 - 8:13:18 PM GMT - Time Source: server Document emailed to Olga Tikhomirova ([email protected]) for signature 2025- 10- 03 - 8:13:21 PM GMT
Email viewed by Olga Tikhomirova ( otikhomirova@cityofslt. gov) 2025- 10- 03 - 8:26:53 PM GMT
Document e-signed by Olga Tikhomirova ([email protected]) Signature Date: 2025- 10-03 - 8:28:32 PM GMT - Time Source: server Document emailed to Heather Stroud ([email protected]) for signature 2025- 10- 03 - 8:28:34 PM GMT
275
Email viewed by Heather Stroud ( hstroud@cityofslt. gov) 2025- 10- 03 - 8:29:21 PM GMT
Document e-signed by Heather Stroud ([email protected]) Signature Date: 2025- 10-03 - 8:30:27 PM GMT - Time Source: server Document emailed to [email protected] for signature
2025- 10- 03 - 8:30:29 PM GMT
Email viewed by [email protected]
2025- 10- 04 - 1:32:00 AM GMT
Signer [email protected] entered name at signing as Joe Irvin 2025- 10- 04 - 1:32:38 AM GMT
Document e-signed by Joe Irvin ([email protected])
Signature Date: 2025- 10-04 - 1:32:40 AM GMT - Time Source: server Document emailed to Jennifer Roman ( jroman@esengr. com) for signature 2025- 10- 04 - 1:32:43 AM GMT
Email viewed by Jennifer Roman ([email protected])
2025- 10- 04 - 1:57:43 AM GMT
Document e-signed by Jennifer Roman ([email protected]) Signature Date: 2025- 10-04 - 1:58:06 AM GMT - Time Source: server Agreement completed.
2025- 10- 04 - 1:58:06 AM GMT
276
City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, City Manager
__________________________________
Meeting Date: September 8,
2026
Agenda Item #:12
Agenda Item: Acceptance of FAA Grant and Caltrans AIP Grants in the amount not to exceed $561,749.00.00 for Airport Runway 18/36 Pavement Maintenance and Award of Contract for Airport Pavement Maintenance to American Road Maintenance, Inc. in Amount of $433,140.00 Executive Summary: Lake Tahoe Airport is looking to extend the life of the current Runway 18/36 pavement through a pavement maintenance grant and local funding. This project will consist of crack seal, seal coat, and paint to help continue the life of the pavement until replacement. The Airport would like to award $433,140.00 to American Road Maintenance inc. for this project. Budget appropriations will include a 10% Contingency. The Federal Aviation Administration (FAA), which includes Airport Improvement Program (AIP) money amount will be $535,000.00, with the state matching up to 4.5 percent of the AIP money, which will be $26,749.00. Finally, the Airport's total amount out of pocket with contingency will be $57,728.00
Requested Action / Suggested Motions: 1) Pass a Resolution authorizing the Airport Manager to Accept FY 2026 Federal Aviation Administration Airport Improvement Program (AIP) Grant (3-06-0249- 053-2026) in the amount of $535,000, upon award accept FY 2026 Caltrans AIP Matching Grant for Lake Tahoe Airport in the amount of $26,749, and to authorize the Finance Director to appropriate additional project funding for the Runway 18/36 Pavement Preservation Project; and 2) Pass a motion authorizing and directing the Mayor to execute an agreement with American Road Maintenance, Inc. for Airport Pavement Rehab for a total not to exceed amount of $433,140.00.
Responsible Staff Member: Milan Jevic, Acting Airport Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Sergio Rudin, Interim City Attorney
Attachments:
01-Staff_Report_-
_Acceptance_of_FAA_Grants_and_Contract_with__American_Road_Maintenace_2.docx 02-RESOLUTION TO ACCEPT FAA AIP-CALTRANS GRANTS
03-TVL AIP 053 BID TAB PACKAGE
04-2026 TVL 053 Runway Pavement Maintenance Project American Road Maintenance Contract Agreement
05-TVL-WPG-3-06-0249-053-2026-Grant Agreement Sept 9.pdf 277
Council Agenda Report September 8, 2026 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 8, 2026
Title: Acceptance of FAA Grant and Award of Construction Contract for Airport Pavement Maintenance to American Road Maintenance, Inc.
Location: Airport, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150 Responsible Staff Member: Milan Jevic, Acting Airport Manager Background: The Lake Tahoe Airport (or “TVL” or the “Airport”) is a historically significant and important transportation facility for the City of South Lake Tahoe and the surrounding region. The Airport directly impacts the area’s economic vitality as an essential transportation resource.
The existing pavements throughout the airport include Runway 18/36, parallel taxiway and adjoining taxiway connectors, and general aviation aprons. Each of these airfield pavements was initially constructed in the 1950s. Runway 18/36 was last reconstructed in 2008. This project shall consist of asphalt pavement maintenance on Runway 18/36, and the runway blast pads. The proposed maintenance for these asphalt pavement areas includes the routing and filling of cracks greater than ¼” inch in width with crack sealant, application of an asphalt-based surface treatment, and application of pavement markings. The proposed periodic maintenance will mitigate pavement cracking and provide a surface treatment resistant to UV rays, water and oxidation.
Staff would like to extend the existing runway pavement’s useful life, maintain the pavement condition for the safe operation of aircraft, and minimize the potential for foreign object debris (FOD) and other environmental issues. The Runway 18/36 Pavement Preservation project will be designed by Consultant Jviation, a Woolpert company, under Amendment 8, which was authorized and executed on March 24, 2026, pursuant to Resolution No. 2026-032. The project will be constructed in accordance with current requirements, regulations, rules, policies, grant assurances, and Advisory Circulars (ACs). The plans, specifications, and bid addendum 1 for the Runway 18/36 Pavement Maintenance Project were approved by the City Engineer pursuant to the authority granted in Resolution 2006-066.
Issue and Discussion: The pavement rehab project was advertised on Planet Bids on April 2, 2026 after City Council approval to apply for the grants was given in April 2026 by unanimous decision 5-0.
The City received six (6) bids. Bids were opened and publicly read on May 4, 2026 and the lowest responsive and responsible bidder was American Road Maintenance, Inc. for $433,140.00 for Base Bid.
In addition to the construction contract, the project will incur an estimated $1,434 cost for the required invitation for bid advertising. Design services under Amendment 8 with Jviation, a Woolpert Company, totaled $128,583. The total budget appropriation for the design contract was $141,441, which included 278
Council Agenda Report September 8, 2026 Page 2 of 2
10% contingency. The design costs were initially funded from the Airport cash balance and will be reimbursed through FAA and Caltrans grant funding.
Upon execution of FAA grant award, the Lake Tahoe Airport recommends awarding the Construction Contract to American Road Maintenance, Inc. for the base bid and accept the federal and state grant applications for a total project amount of $563,157.00, plus 10% contingency in the amount of $56,320.00.
The Federal Aviation Administration allows general aviation airports to appropriate 95% Federal share for Airport Improvement Program grants and requires the airport sponsor to contribute a 5% match from a combination of state or local sources. The California Transportation Commission, pursuant to the Public Utilities Code section 21683.1, provides 4.75% of Federal Aviation Administration grants to airports as matching funds, certifying local funding availability of 0.25% of total project costs.
The Interim Airport Manager recommends accepting a grant application from the FAA for $535,000.00 of Non-primary Entitlement of FY 2026 AIP funding.
Staff also plans to submit and accept a matching grant application to CALTRANS for the update of the Lake Tahoe Airport Runway 18/36 Pavement Maintenance in the amount of $26,749.00 (4.75%). The application for federal and state grants has already been approved by the council, as well as the authorization to contract with the Consultant Jviation, a Woolpert Company for design, bidding, and construction management.
Staff Recommendation:
Pass a Resolution approving and authorizing the Interim Airport Manager to accept all FAA grants (AIP and BIL) for the construction of pavement maintenance project. Also, allow the Airport Manager to accept the Caltrans grant for the same project and award the construction contract to American Road Maintenance, Inc. upon execution of all grant funding and budget appropriation.
Financial Implications: This project has been approved by the FAA and is looking for acceptance of award and for authorization of the Finance Director to appropriate the budget in account# 501-80052 as follows:
2026 AIP Grants: Lake Tahoe Airport Runway 18/36 Pavement Maintenance Project cost (Expenses)
Construction Contract: $433,140
Design Services (Jviation, a Woolpert Company): $128,583.00 Bid advertising: $1,434
Contingency for Project Construction and Design (10%): $56,320 Total Project Appropriations Required: $619,477
Less:
Previously Appropriated (Design Services): $141,441
Additional Appropriations Requested: $478,036
Project Revenues
-FAA AIP = $535,000.00
-State= $26,749.00
279
Council Agenda Report September 8, 2026 Page 3 of 2
Total Airport net cost after reimbursement of all monies is $57,728.00
The entire project will be funded by federal, state and Airport Enterprise funds.
NO GENERAL FUNDS WILL BE USED
Environmental Considerations: The project is exempt from review under CEQA Guidelines section 15301(d) (Existing Facilities - restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety).
Policy Implications: This pavement maintenance project will extend the useful life of the airfield pavements until the next rehabilitation and reconstruction project in 5-7 years. 280
Resolution 2026-XXX September 8, 2026 Page 1 of 3
Resolution 2026-XXX
Adopted by the City of South Lake Tahoe
City Council
September 8, 2026
Authorizing the Airport Manager to Accept FY 2026 Federal Aviation Administration Airport Improvement Program (AIP) Grant (3-06-0249-053-2026) in the amount of $535,000, upon award accept FY 2026 Caltrans AIP Matching Grant for Lake Tahoe Airport in the amount of $26,749, and to authorize the Finance Director to appropriate additional project funding for the Runway 18/36 Pavement Preservation Project
BACKGROUND
A. The Airport Manager is requesting to accept a 2026 AIP grant in the amount of $535,000 to fund the Runway 18/36 Pavement Maintenance Project with the FAA. This project will be funded 95% from the FAA ($535,000) and 4.75 % from Caltrans ($26,749), which will leave the City’s contributions at 0.25% ($1,408).
B. The Airport Manager requests authority to submit a California Department of Transportation Airport Improvement Program Matching Grant application in the amount of $26,749, execute a grant agreement with the California Department of Transportation Aeronautics Division, accept the allocation of grant funds, and certify the availability of the City’s 0.25% share of total AIP project cost matching funds.
C. The California Transportation Commission has adopted the 2025 Aeronautics Program for airport improvement projects and the Federal Aviation Administration San Francisco Airports District Office has accepted the 2026 Lake Tahoe Airport Capital Improvement Program.
D. The California Department of Transportation, pursuant to the Public Utilities Code and California Aid to Airports Program (CAAP) regulations, requires local government approval authorizing the application and certifying the availability of 0.25% total AIP project matching funds.
E. The Federal Aviation Administration under Title 49 § 47171, et seq. allows for general aviation airports to appropriate a 95% Federal share for Airport Improvement Program grants and requires the airport sponsor to contribute 5% match from a combination of state or local sources.
F. The Airport Manager recommends that the City of South Lake Tahoe, California submit an application for South Lake Tahoe Runway 18/36 Pavement Maintenance Project, which is included in the 2026 Caltrans Aeronautics Program and 2026 FAA Airport Capital Improvement Plan at the Lake Tahoe Airport.
281
Resolution 2026-XXX September 8, 2026 Page 2 of 3
G. The pavement rehab project was advertised on Planet bids on April 2, 2026. The city received three (3) bids. Bids were opened and publicly read on May 4, 2026 and the lowest responsive and responsible bidder was American Road Maintenance, Inc. for $433,140.00 for Base Bid. The total construction cost, including required invitation for bid advertising costs, is $434,574. The total project budget, including design services and a 10 percent contingency, is $619,477, of which $141,441 has previously been appropriated from the Airport cash balance. Additional appropriations in the amount of $478,036 are required to complete the project.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, by the City Council of the City of South Lake Tahoe that:
1. The City Council authorizes the Airport Manager to accept the allocation of Airport Improvement Plan funds for the Project at the Lake Tahoe Airport not to exceed $535,000.00.
2. The City Council authorizes the Airport Manager to accept the allocation of State AIP Matching funds for the project in the amount of not to exceed $26,749.00 and Authorizes execution of an AIP Matching Grant Agreement for this project.
3. The City Council authorizes the Airport Manager to sign any documents required to apply for and accept these subject funds on behalf of the City of South Lake Tahoe.
4. The City Council authorizes the Finance Director to appropriate the budget in account 501- 80052 as follows:
33112 FAA Revenue: $535,000.00
33214 State DOT Match: $26,749.00
48030 Construction Expense: $478,036
5. The City Council directs that the City’s match of 0.25% for AIP and other costs, not to exceed $57,728.00, will be paid by the Airport Cash Balance.
6. Adopted by the City of South Lake Tahoe City Council on September 8, 2026 by the following vote:
Yes:
No:
Absent:
Abstain:
_____________________________ Date:____________
Cody Bass, Mayor
Attest:
____________________________
Susan Blankenship, City Clerk
282
Resolution 2026-XXX September 8, 2026 Page 3 of 3
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
283
Total Base Bid Cost (Schedule I)
Compensable Delay Total Base Bid Cost (Schedule I) plus Compensable Delay - Denotes apparent and responsible low bidder
√√
1,458,377.50$
Q&D Construction, LLC.
√√√√√√
√
Document 00465 - Non-Lobbying Certification √ √
√√
Document 00440 - Business and Professions Code Sections 7028.15 and 7031 Statement √√Addendum No. 1 √ √
√
Public Works Contract No. 501852, Formal Bid No. 26-501852-BN1 Document 00466 - Disclosure of Lobbying Activities √ √ √ √
√ √√
Document 00450 - Bidder's Statement of Financial Responsibility, Technical Ability and Experience √ √√
√ √ √√
Document 00435 - Worker's Compensation Certification √ √√Document 00432 - Non-Collusion Declaration √
√
√√√√
CR Contracting, LLC.
√√ √
√√√√
√√√
√
Document 00400 - Bid Proposal Document 00424 - CARB CRC Compliance Schedule I $ 433,140.00 $ 498,861.41 √ √
√
√
Document 00430 - Debarment and Suspension Certifications √Document 00420 - Designation of Subcontractors √ √ √√
√ √
Document 00425 - Self-Performance Declaration
DATE: May 4, 2026
Engineer's Estimate
√
Document 00423 - Verification of DIR Compliance √ √
Hi-Lite Airfield Services, LLC.
√ √
√
Lake Tahoe Airport
South Lake Tahoe, CAAIP PROJECT NUMBER: 3-06-0249-054-2026TIME: 10:00 A.M. (LOCAL TIME) √
√
BID OPENING
American Road
Maintenance Inc.
Document 00410 - Bidder's Bond
Base Bid Schedule I: Runway 18/36 Pavement Maintenance
Maxwell Asphalt, Inc.
√√√
√ √ √ √
Sierra Nevada Construction,
Inc.
√
√√
√
$ 523,039.00 $ 498,212.50
√√
√
√
√
√ √
$ 603,947.00
√
Document 00476 - Buy American Certification √ √ √
Document 00478 - Buy American Waiver Request √ √ √
Document 00477 - Certificate of Buy American Compliance for Manufactured Products √ √ √ √ √
Document 00479 - Buy American Conformance Listing √ √ √ √ √Document 00490 - Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Conviction √ √ √ √ √Document 00635 - Warranty/Guaranty Form √ √ √ √ √Document 00640 - Acknowledgement of City Code √ √ √ √ √ Document 00650 - Bid Document Certification √ √ √ √ √
√
$ 498,812.50 $ 499,194.41 $ 604,007.00
$ 558,377.50$ 558,377.50
√
$ 900,000.00
√√√
$ - $ - $ 600.00 $ 333.00 $ 60.00
$ 523,039.00 $ 433,140.00
√
$ 523,039.00 $ 433,140.00 $ 498,212.50 $ 498,861.41 $ 603,947.00 √√√√
√√√√√√√√√√
$ 16,179,620.00$ 60,000.00$ 16,239,620.00
TABULATION OF BIDS
√√√√
$ 16,179,620.00
1 284
CITY OF SOUTH LAKE TAHOE
DIVISION OF THE AIRPORT
AGREEMENT
DOCUMENT 00500 - AGREEMENT
City Of South Lake Tahoe
DIVISION OF THE AIRPORT
AGREEMENT
for
Runway 18/36 Pavement Maintenance
PWC 501852
CITY BID NO. 26-501852-BN1
FEDERAL AID PROJECT NO. 3-06-0249-053-2026
THIS AGREEMENT is made and entered into this 8
th day of September, 2026, by
and between the City of South Lake Tahoe, a political subdivision of the State of California, herein designated “City”, and American Road Maintenance, Inc., herein designated as “Contractor.”
WITNESSETH, that the City and the Contractor, in consideration of the mutual covenants hereafter set forth, agree as follows:
ARTICLE 1 — THE WORK
Contractor agrees to furnish all labor, tools, equipment, facilities, materials, transportation and services necessary to perform and complete, in a good and workmanlike manner, the Runway 18/36 Pavement Maintenance, as required pursuant to the Contract Documents.
ARTICLE 2 — COMMENCEMENT AND COMPLETION
The Work to be performed under this Agreement shall commence at the time as specified in the Notice to Proceed, and the Contractor shall diligently undertake the performance of the obligations as set forth in the Contract Documents to achieve Final Completion of the Work (as defined at Section 9.9 Special Provisions) within 8 calendar days after the date commencement of the Work is authorized as set forth in the Notice to Proceed (the “Contract Time”). No grading or excavation or other land disturbance will be allowed between October 15th and May 1st; all Work shall be performed after the issuance of the Notice to Proceed, and Final Completion achieved within the contract time as set forth in these Bid Documents.
The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified herein, 285
plus any extensions thereof allowed in accordance with the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by the City if the Work is not completed within the Contract Time. Accordingly, instead of requiring any such proof, and pursuant to the Contract Documents, the City and the Contractor agree that as liquidated damages (but not as a penalty), the Contractor shall pay the City the sum of $1,500 for each calendar day beyond Final Completion (per Document 00100, Article 1.04.A.3).
In accordance with the Contract Documents, including, without limitation Document 00400.4.2 (“Bid Proposal”), the daily amount that Contractor may charge to the City for all delay costs, direct and indirect (and inclusive of all expenses and damages, including, without limitation, jobsite and home office overhead costs and extended general conditions) applicable to the first sixty (60) calendar days of Compensable Delay, if any, is zero dollars, the amount set forth by Contractor in Document 00400.4.2 (“Bid Proposal”). This sum shall represent the exclusive and sole amount (i.e., payment in full for any and all direct and indirect delay costs) that Contractor, on behalf of itself and subcontractors and suppliers, of every tier, shall receive for any and all Compensable Delay(s) during the first sixty (60) calendar days of actual, Compensable Delay at the Project. Delay costs that may arise from Compensable Delay, if any, beyond the first sixty (60) calendar days of a Compensable Delay, if allowable, shall thereafter be governed by, and subject to, the applicable provisions of Sections 8 and 9 of the Standard Specifications, as modified by the Special Provisions, and the Contract Documents.
ARTICLE 3 — CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept, in current funds for the performance of the Work pursuant to the Contract Documents, the Contract Sum for the completion of the Work in accordance with the Contract Documents as follows:
Base Bid Schedule I (Federal): Runway 18/36 Pavement Maintenance Item
No.
Spec.
No. Description Unit of Measure
Est.
Qty Unit Cost ($) Total Cost ($)
1 C-105a Mobilization (10% Max) LS 1 $43,000.00 $43,000.00 2 P-101a Routed Crack Seal LF 2,200 $2.00 $4,400.00
3 P-101b Reseal Existing Crack Seal LF 33,000 $1.30 $42,900.00 4 P-101c Isolated Asphalt Pavement
Repair SF 30 $100.00 $3,000.00
5 P-608-Ra Asphalt Surface Treatment
with Aggregate SY 91,000 $2.10 $191,100.00
6 P-608-Rb Asphalt Surface Treatment
without Aggregate SY 9,250 $2.00 $18,500.00
7 P-608-Rc Runway Friction Testing LS 1 $5,000.00 $5,000.00 8 P-620a Temporary Pavement
Markings SF 1,120 $2.00 $2,240.00
9 P-620b Permanent Pavement
Markings SF 81,000 $1.50 $121,500.00
10 P-620c Obliterate Existing Pavement
Markings SF 300 $5.00 $1,500.00
TOTAL CONTRACT SUM $__________ 433,140.00___
286
For the Total Contract Sum of Four Hundred Thirty Three Thousand One Hundred Forty dollars and Zero cents.
The above Total Contract Sum includes all allowances, if any, provided for in the Contract Documents.
Compensation for Unit Price Items shall be based upon the unit prices stated in the above schedule multiplied by the actual quantities or units of work and materials performed or furnished.
Unit prices paid by the City may change depending on actual quantities or units of work completed in accordance with the Contract Documents.
ARTICLE 4 — PREVAILING WAGES
Pursuant to the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof, the Contractor, and any subcontractor, of any tier, shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations.
Attention is directed to the federal minimum wage rate requirements as predetermined by the United States Secretary of Labor. If there is a difference between the minimum wage rate predetermined by the Secretary of Labor and the prevailing wage rate determined by the Director of Industrial Relations for similar classifications of labor, the Contractor and Subcontractor(s) shall pay not less than the higher wage rate.
In compliance with Senate Bill 854 and the California Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit through the electronic certified payroll reporting (eCPR) system, as well as to the City.
Pursuant to the provisions of California Labor Code Section 1773.2, the Contractor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the Work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the City's office. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774. These rate determinations are found on the State of California Department of Industrial Relations' website at: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
ARTICLE 5 — CONTRACT DOCUMENTS
The Agreement includes and incorporates by reference the Contract Documents for the Project, which consists of the following documents:
(a) Notice to Bidders (Document 00100);
(b) Instructions to Bidders (Document 00200);
(c) Bid Proposal (Document 00400);
(d) Bidder's Bond (Document 00410);
(e) Designation of Subcontractors (Document 00420);
(f) Verification of Contractor and Subcontractor DIR Registration (00423) 287
(g) Self-Performance Declaration (Document 00425);
(h) Debarment and Suspension Certifications (Document 00430); (i) Non-Collusion Declaration (Document 00432);
(j) Worker's Compensation Certification (Document 00435); (k) Business and Professions Code Sections 7028.15 and 7031 Statement (Document 00440);
(l) Bidder's Statement of Financial Responsibility, Technical Ability and Experience (Document 00450);
(m) Equal Employment Opportunity Certification (Document 00460); (n) Non-Lobbying Certification (Document 00465);
(o) Disclosure of Lobbying Activities (Document 00466); (p) Construction Contract DBE Commitment (Document 00471); (q) DBE Information – Good Faith Efforts (Document 00475); (r) Agreement (Document 00500);
(s) Payment Bond Form (Document 00610);
(t) Performance Bond Form (Document 00620);
(u) Sample Escrow Agreement for Security Deposits In Lieu of Retention (Document 00630);
(v) Warranty/Guaranty Form (Document 00635);
(w) Acknowledgment of City Code (Document 00640);
(x) Bid Document Certification (Document 00650);
(y) The Standard Specifications of the State of California, Department of Transportation, dated 2023; the Standard Plans of the State of California, Department of Transportation, dated 2023, and the South Lake Tahoe Public Improvement and Engineering Standards;
(z) Special Provisions (which incorporate by reference, and, as specified, modify the Standard Specifications of the State of California, Department of Transportation, dated 2023; the Standard Plans of the State of California, Department of Transportation, dated 2023, and the South Lake Tahoe Public Improvement and Engineering Standards) (Document 00700);
(aa) Supplemental Conditions (Document 00800), if any;
(bb) General Requirements, if any;
(cc) Construction Progress Documentation (Document 01300); (dd) Technical Specifications;
(ee) Contract Drawings;
(ff) Addenda (number 1, inclusive; and
288
(gg) Permits from other agencies as may be required by law.
Exhibits to this Agreement are enumerated as follows:
• Accepted Contractor’s Bid attached hereto as Exhibit A; • Escrow Bid Document Certification attached hereto as Exhibit B; and • Insurance Certificates and Endorsements as Exhibit C.
ARTICLE 6 — WORKERS’ COMPENSATION
Contractor shall take out and maintain during the life of the Agreement, adequate and sufficient workers’ compensation insurance for all Contractor’s employees employed at the site of improvements, and, if any Work is sublet, Contractor shall require each subcontractor similarly to provide workers’ compensation insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by Contractor. If any class of employees engaged in Work under this contract at the site of the Project is not protected under workers’ compensation law, Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify the City for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance.
By its signature upon this Agreement, Contractor certifies that it has carefully reviewed and is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of the labor Code. Contractor, as a condition precedent to the commencement of its Work pursuant to the Agreement, shall comply with such provisions.
ARTICLE 7 — INDEMNITY AND INSURANCE
To the fullest extent permitted by law, and in strict accordance with the Contract Documents, Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, City Council members, employees, agents, the Architect/Engineer, the Project Manager and the Project consultants, and their respective principals, officers and employees, and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever related to, arising out of, or in connection with, Contractor's operations to be performed under this Agreement, and as otherwise set forth in Contract Documents, including, without limitation, Section 7-1.05A of the Standard Specifications, as modified by Section 7.11 of the Special Provisions. The obligations of defense and indemnity set forth in this Article, and in the Contract Documents, shall not be limited by any insurance requirements or obligations pursuant to the Contract Documents. The obligations arising from this Article shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity (including all duties to defend), which would otherwise exist as to a party, or person described elsewhere in the Contract Documents.
Contractor shall maintain the insurance coverage described in Section 7-1.06 of the Standard Specifications, as modified by Section 7.12 of the Special Provisions, throughout the performance of the Agreement, including any maintenance, warranty and/or guaranty periods.
This Agreement shall not be operative until evidence of such insurance has been provided to, and approved by, the City as to form, amount, and carrier. Contractor shall not allow any subcontractor 289
to commence Work at the Project until subcontractor provides evidence to Contractor and City that subcontractor has obtained insurance acceptable to the City.
ARTICLE 8 — NOTICES
Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the address listed below:
Notices required to be given to City: Notices required to be given to Contractor:
Public Works Director/City Engineer American Road Maintenance, Inc.
City of South Lake Tahoe ______________________________________ 1740 D Street 4554 E Eco Industrial Pl.
South Lake Tahoe, CA 96150-6251 ______Tucson, AZ 85756_________________ Notices required to be given to any surety(ies):
ARTICLE 9 — MISCELLANEOUS
9.1 Terms. Terms used in this Agreement will have the meanings indicated in the Contract Documents.
9.2 Assignment. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
9.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.
9.4 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
9.5 South Lake Tahoe City Code. Contractor acknowledges that all pertinent provisions within the South Lake Tahoe City Code are incorporated by reference as though set forth in full herein, and, further, the failure of Contractor or any subcontractor, of any tier, to comply with any of its/their obligations under the Contract Documents, or the requirements of the South Lake Tahoe City Code, or any other applicable law, code, statute, or regulation, shall be deemed a material breach of the Agreement.
290
9.6 Third Party Beneficiary. Contractor expressly acknowledges the City's status as a third party beneficiary solely with respect to the performance to be rendered under each subcontract, of any tier, upon the Project, and, as a result, Contractor acknowledges that City possesses, inter alia, the rights enumerated within the South Lake Tahoe City Code as to the enforcement of obligations under subcontracts of any tier.
9.7 Regulatory Requirements. Contractor acknowledges that the Project is subject to requirements and regulations issued on behalf of various governmental and/or regulatory bodies, including, without limitation, the Lahontan Regional Water Quality Control Board and the Tahoe Regional Planning Agency, among others. Contractor agrees to fully and promptly comply with any and all requirements and regulations issued on behalf of such entities.
9.8 Governing Law. This Agreement and the Contract Documents shall be deemed to have been entered into in the County of El Dorado, State of California, and governed by California law. By entering into this Agreement, the Contractor consents and submits to the jurisdiction of Courts of the State of California, County of El Dorado, over any action of law, suit in equity, and/or other proceeding that may arise out of the Contract Documents.
IN WITNESS HEREOF, the said City of South Lake Tahoe, State of California, has caused this Agreement to be executed by its Mayor in its behalf, and the said Contractor has signed this Agreement the day and year first above written.
CITY OF SOUTH LAKE TAHOE Contractor: American Road Maintenance, Inc.
By By
Cody Bass, Mayor,
City of South Lake Tahoe,
State of California Title
Business License No.
ATTEST: APPROVED AS TO FORM:
By By
Susan Blankenship, City Clerk Sergio Rudin, Interim City Attorney City of South Lake Tahoe City of South Lake Tahoe
END OF DOCUMENT 00500
Kyle Paulson / Officer
982100
291
Exhibit A
Contractor’s Accepted Bid
Exhibit B
Escrow Bid Documentation Certification
Exhibit C
Insurance Certificates and Endorsements
Exhibit D
Payment and Performance Bonds
292
Exhibit A
Contractor’s Accepted Bid
Exhibit B
Escrow Bid Documentation Certification
Exhibit C
Insurance Certificates and Endorsements
Exhibit D
Payment and Performance Bonds
293
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301
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305
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Exhibit A
Contractor’s Accepted Bid
Exhibit B
Escrow Bid Documentation Certification
Exhibit C
Insurance Certificates and Endorsements
Exhibit D
Payment and Performance Bonds
371
372
373
Exhibit A
Contractor’s Accepted Bid
Exhibit B
Escrow Bid Documentation Certification
Exhibit C
Insurance Certificates and Endorsements
Exhibit D
Payment and Performance Bonds
374
08/04/2026
Scott Risk Insurance Services, LLC
2 Ritz Carlton Drive
Suite 204
Dana Point CA 92629
Dylan Scott
(949) 503-1953
[email protected]
American Road Maintenance, Inc
4554 E Eco Industrial Pl
Tucson AZ 85756
Landmark American Insurance Company 33138
United States Fire Insurance Company 21113
Crum & Forster Indemnity Company 31348
AXIS Surplus Insurance Company 26620
Landmark American Insurance Company 33138
ARM - COI - 26-27
A Y Y LHA115669 03/31/2026 03/31/2027
1,000,000
50,000
5,000
1,000,000
2,000,000
2,000,000
B Y Y 506-940926-4 03/31/2026 03/31/2027
1,000,000
D Y Y P-001-003628506-03 03/31/2026 03/31/2027
2,000,000
2,000,000
C N Y 408-755808-9 03/31/2026 03/31/2027
1,000,000
1,000,000
1,000,000
E
EXCESS LIABILITY
($3M X $2M) LHA612092 03/31/2026 03/31/2027 Limit: $3,000,000 In Excess Of: $2,000,000
The certificate holder is included as an Additional Insured as required by a written contract or agreement on the General Liability, Auto Liability, and Umbrella. Coverage is Primary & Non-Contributory when required by a written contract or agreement with the named insured. Blanket Waiver-of-Subrogation is granted in favor of the Additional Insured with respect to the General Liability, Auto Liability, and Workers’ Compensation when required by written contract or agreement. Thirty (30) days’ notice of cancellation with ten (10) days’ notice for non-payment of premium is provided to the certificate holder.
City of South Lake Tahoe
1740 D Street
South Lake Tahoe CA 96150
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
375
CG 20 37 04 13 © ISO Properties, Inc., 2004 Page 1 of 2 POLICY NUMBER: LHA115669 COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
ANY PERSON(S) OR ORGANIZATION(S)
REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT AND AS PER PARAGRAPHS A. AND
B. BELOW
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.
376
CG 20 37 04 13 © ISO Properties, Inc., 2004 Page 2 of 2 B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
377
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: LHA115669 COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
ANY PERSON(S) OR ORGANIZATION(S) REQUIRED
BY WRITTEN CONTRACT OR AGREEMENT AND AS
PER PARAGRAPHS A., B., AND C. BELOW
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
378
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
379
CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: LHA115669 COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
380
RSG 14048 1008 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission.
LANDMARK AMERICAN INSURANCE COMPANY
This Endorsement Changes The Policy. Please Read It Carefully.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM
SCHEDULE
Name of Person or Organization:
Any Person or Organization As Required By Written Contract The following is added to SECTION IV – CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US:
We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, “your product” or “your work” done under a written contract with that person or organization and included in the “product-completed operations hazard”. This waiver applies only to the person or organization shown in the SCHEDULE above.
This endorsement effective 3/31/2026
forms part of Policy Number LHA115669
issued to AMERICAN ROAD MAINTENANCE, INC.
by Landmark American Insurance Company
381
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391
392
Exhibit A
Contractor’s Accepted Bid
Exhibit B
Escrow Bid Documentation Certification
Exhibit C
Insurance Certificates and Endorsements
Exhibit D
Payment and Performance Bonds
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
3-06-0249-053-2026
1 U.S. Department
of Transportation
Federal Aviation
Administration
Airports Division
Western-Pacific
Region
California
San Francisco Airports
District Office:
2999 Oak Road, Suite 200
Walnut Creek, CA 94597
{{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Mr. John Dickinson
Airport Manager
City of South Lake Tahoe
1901 Airport Road
Suite 100
South Lake Tahoe, CA 96150
Dear Mr. John Dickinson:
The Grant Offer for Airport Improvement Program (AIP) Project No. 3-06-0249-053-2026 at Lake Tahoe Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the Grant Offer carefully.
You may not make any modification to the text, terms or conditions of the Grant Offer.
Steps You Must Take to Enter Into Agreement. To properly enter into this agreement, you must do the following:
1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor’s authorized representative(s) (hereinafter “authorized representative”).
2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement.
3. Once the authorized representative has electronically signed the grant, the sponsor’s attorney(s) will automatically receive an email notification.
4. On the same day or after the authorized representative has signed the grant, the sponsor’s attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement.
5. If there are co-sponsors, the authorized representative(s) and sponsor’s attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than September 09, 2026. 6. The fully executed grant will then be automatically sent to all parties as an email attachment.
Payment. Subject to the requirements in 2 CFR § 200.305 (federal payment), each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this system. 408
3-06-0249-053-2026
2 Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date four (4) years from the grant execution date). We will be monitoring your progress to ensure proper stewardship of these federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Your grant may be placed in “inactive” status if you do not make draws on a regular basis, which will affect your ability to receive future Grant Offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance.
Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows:
For all grants, you must submit by December 31st of each year this grant is open:
1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and
2. An SF-425 (Federal Financial Report).
For non-construction projects, you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the federal fiscal year.
For construction projects, you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each federal fiscal quarter.
Audit Requirements. As a condition of receiving federal assistance under this award, you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non-federal entities that expend $1,000,000 or more in federal awards to conduct a single or program specific audit for that year. Note that this includes federal expenditures made under other federal-assistance programs. Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards.
Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office.
FAA Contact Information. Roy Ambrose, (925) 546-6442, [email protected] is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein.
We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project.
Sincerely,
{{Sig_es_:signer1: signature}} Amy Choi
SFO ADO Manager
409
3-06-0249-053-2026
1 U.S. Department
of Transportation
Federal Aviation
Administration
FEDERAL AVIATION ADMINISTRATION
FY 2026
AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Airport/Planning Area Lake Tahoe Airport
Airport Grant Number 3-06-0249-053-2026
Unique Entity Identifier FG8YLL3CQ3J1
TO: City of South Lake Tahoe
(herein called the "Sponsor") (For Co-Sponsors, list all Co-Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a Co-Sponsor.) FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the sponsor has submitted to the FAA a Project Application dated May 20, 2026, for a grant of federal funds for a project at or associated with the Lake Tahoe Airport, which is included as part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Lake Tahoe Airport (herein called the “Project”) consisting of the following:
Crack Seal Runway 18/36 - Design/Construction
which is more fully described in the Project Application. 410
3-06-0249-053-2026
2 NOW THEREFORE, Pursuant to and for the purpose of carrying out Title 49, United States Code (USC), Chapters 471 and 475; 49 USC §§ 40101 et seq. and 48103; Consolidated Appropriations Act, 2024 (Public Law Number (P.L.) 118-42); Consolidated Appropriations Act, 2025 (P.L. 119-4); Consolidated Appropriations Act, 2026 (P.L. 119-75); FAA Reauthorization Act of 2024 (P.L. 118-63); Infrastructure Investment and Jobs Act of 2021 (IIJA) (P.L. 117-58) (as applicable); and the representations contained in the Project Application; and in consideration of: (a) the sponsor’s adoption and ratification of the most recently published Grant Assurances; (b) the sponsor’s acceptance of this offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the project, and compliance with the Grant Assurance and conditions as herein provided;
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay (95) % of the allowable costs incurred accomplishing the Project as the United States’ share of the Project. Assistance Listings Number(s): 20.116. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $535,000.
The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 USC § 47108(b):
$0 for planning
$535,000 for airport development or noise program implementation; and, $0 for land acquisition.
2. Grant Performance. This agreement is subject to the following federal award requirements:
a. Period of Performance:
i. Start Date: The date the recipient formally accepts this agreement and the date signed by the last signatory to the agreement.
ii. End Date: Four (4) years to the calendar day from the date of acceptance. iii. Extension of the Period of Performance (PoP): The recipient may request a one-time extension of up to one year after the PoP end date by submitting a request to the FAA. The request must include, at a minimum, supporting justification for the request and the amount of additional time requested. The request must be submitted at least 10 calendar days before the PoP end date. This one-time extension may not be exercised for the sole purpose of using unobligated balances.
The PoP end date, or any extension as approved by FAA, shall not affect, relieve, or reduce recipient obligations and assurances that extend beyond the closeout of this agreement. b. Budget Period:
i. For a single year grant offer, the budget period follows the same start and end date as the PoP provided in paragraph 2(a), and any extension of the PoP end date. 411
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3 ii. For a multi-year grant offer, per the authority provided in 49 USC § 47108 and § 47114, the budget period is from the initial PoP start date through the end of the final fiscal year identified on a multi-year grant offer (See Multi-Year Grant Special Condition, if applicable). c. Appropriation Period of Availability and Expenditure:
i. The FAA must obligate appropriated funds within the period of availability identified in the appropriation.
ii. In accordance with 31 USC § 1552, by September 30th of the fifth fiscal year after the period of availability, FAA must liquidate and close expired appropriations, and any remaining balance (whether obligated or unobligated) must be canceled and thereafter shall not be available for obligation or expenditure for any purpose. iii. IIJA and Supplemental AIP funding are subject to this condition. d. Close Out:
Recipients shall begin the closeout process upon physical completion of the project(s) identified in this agreement. Closeout shall proceed expeditiously and without delay, even if the PoP end date has not been reached. In accordance with 2 Code of Federal Regulations (CFR) 200, unless the FAA authorizes a written extension, the recipient must submit all grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the PoP end date. If the recipient does not submit all required closeout documentation within this period, the FAA will proceed to close out the grant within one year of the PoP end date with the information available at the end of 120 days. e. Termination:
The FAA may terminate this agreement and all of its obligations under this agreement if any of the following occur:
i. The recipient fails to comply with the terms and conditions of this agreement; ii. The recipient fails to obtain or provide any recipient grant contribution as required by the agreement;
iii. There is a material failure to comply with the Project Schedule even if it is beyond the reasonable control of the recipient;
iv. Any project changes that the FAA determines are inconsistent with the FAA’s basis for selecting the project to receive a grant;
v. Continued grant payment inactivity, generally defined as no drawdowns over a 12-month period;
vi. The recipient requests that the FAA terminate the agreement under this section; or vii. The FAA determines that termination of this agreement is in the public interest.
In terminating this agreement under this section, the FAA may elect to consider only the interests of the FAA.
3. Ineligible or Unallowable Costs. In accordance with 49 USC § 47110, the sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing 412
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4 policies and initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute.
4. Indirect Costs - Sponsor. The sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application, as accepted by the FAA, to allowable costs for sponsor direct salaries and wages.
5. Determining the Final Federal Share of Costs. The United States’ share of allowable project costs will be made in accordance with 49 USC § 47109, the regulations, policies, and procedures of the Secretary of Transportation (“Secretary”), and any superseding legislation. Final determination of the United States’ share will be based upon the final audit of the total amount of allowable project costs, and settlement will be made for any upward or downward adjustments to the federal share of costs.
6. Completing the Project Without Delay and in Conformance with Requirements. The sponsor must carry out and complete the project without undue delay, and in accordance with this agreement, 49 USC Chapters 471 and 475, IIJA (P.L. 117-58) (as appropriate), and the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months, or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The sponsor also agrees to comply with the grant assurances, which are part of this agreement.
7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.
8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project(s) unless this offer has been accepted by the sponsor on or before September 09, 2026, or such subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds and Mandatory Disclosure. a. The sponsor must take all steps, including litigation, if necessary, to recover federal funds spent fraudulently, wastefully, or in violation of federal antitrust statutes, or misused in any other manner for any project upon which federal funds have been expended. For the purposes of this grant agreement, the term “federal funds” means funds however used or dispersed by the sponsor, that were originally paid pursuant to this or any other federal grant agreement. The sponsor must obtain the approval of the Secretary as to any determination of the amount of the federal share of such funds. The sponsor must return the recovered federal share, including funds recovered by settlement, order, or judgment, to the Secretary. Upon request, the sponsor must furnish to the Secretary all documents and records pertaining to the determination of the amount of the federal share, or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such federal share require advance approval by the Secretary.
b. The sponsor, a recipient, and a subrecipient under this federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200.
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5 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this agreement.
11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). a. Requirement for System for Award Management (SAM): Unless the sponsor is exempted from this requirement under 2 CFR § 25.110, the sponsor must maintain the currency of its information in the SAM until the sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit, or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration. 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the sponsor must make each payment request under this agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees.
13. Informal Letter Amendment of Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the sponsor by $25,000 or five percent, whichever is greater, the FAA can issue a letter amendment to the sponsor unilaterally reducing the maximum obligation.
The FAA can also issue a letter to the sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun, provided it will not exceed the statutory limitations for grant amendments. The FAA’s authority to increase the maximum obligation does not apply to the “planning” component of Condition No. 1, Maximum Obligation.
The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous, and in the best interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Environmental Standards. The sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement.
15. Financial Reporting and Payment Requirements. The sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports.
16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 USC § 50101, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this grant. The sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this grant. 414
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6 17. Build America, Buy America. The sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58).
18. Maximum Obligation Increase. In accordance with 49 USC § 47108(b)(2), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this grant:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects, if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available:
i. 15 percent; or
ii. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land.
If the sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 USC § 47109, or IIJA (P.L. 17-58), or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the federal share as applicable through an informal letter of amendment.
19. Audits for Sponsors.
PUBLIC SPONSORS. The sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in federal awards and are exempt from federal audit requirements must make records available for review or audit by the appropriate federal agency officials, state, and Government Accountability Office. The FAA and other appropriate federal agencies may request additional information to meet all federal audit requirements.
20. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the sponsor must:
a. Verify the non-federal entity is eligible to participate in this federal program by:
i. Checking the System for Award Management (SAM.gov) exclusions to determine if the nonfederal entity is excluded or disqualified; or ii. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or
iii. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions with their contractors and sub-contractors. 415
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7 c. Immediately disclose in writing to the FAA whenever (1) the sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the public sponsor suspends or debars a contractor, person, or entity.
21. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the sponsor is encouraged to:
i. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal Government, including work relating to a grant or subgrant.
ii. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:
a) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
b) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
f. The sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this grant.
22. Trafficking in Persons. a. Posting of contact information. i. The sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms.
b. Provisions applicable to a sponsor that is a private entity. i. Under this grant, the sponsor, its employees, subrecipients under this grant, and subrecipient’s employees must not engage in:
a) Severe forms of trafficking in persons;
b) The procurement of a commercial sex act during the period of time that the grant or cooperative agreement is in effect;
c) The use of forced labor in the performance of this grant; or any subaward; or d) Acts that directly support or advance trafficking in persons, including the following acts:
1. Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents;
2. Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
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8 a. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or
b. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action;
3. Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment;
4. Charging recruited employees a placement or recruitment fee; or
5. Providing or arranging housing that fails to meet the host country’s housing and safety standards.
ii. The FAA may unilaterally terminate this grant or take any remedial actions authorized by 22 USC § 7104b(c), without penalty, if any private entity under this grant:
a) is determined to have violated a prohibition in paragraph 2.a. (PoP) of this grant; or
b) has an employee that is determined to have violated a prohibition in paragraph 2.a. (PoP) of this grant through conduct that is either:
1. Associated with the performance under this grant; or
2. Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by the FAA at 2 CFR Part 1200.
c. Provisions applicable to a sponsor other than a private entity. i. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 USC § 7104b(c), without penalty, if subrecipient is a private entity under this grant:
a) is determined to have violated a prohibition in paragraph 2.a. (PoP) of this grant or
b) has an employee that is determined to have violated a prohibition in paragraph 2.a. (PoP) of this grant through conduct that is either:
1. Associated with the performance under this grant; or
2. Imputed to the sponsor or subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by the FAA at 2 CFR Part 1200.
d. Provisions applicable to any sponsor or subrecipient. i. The sponsor or subrecipient must inform the FAA and the DOT Inspector General immediately of any information you receive from any source alleging a violation of a prohibition in paragraph 2.a. (PoP) of this grant.
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9 ii. The FAA’s right to unilaterally terminate this grant as described in paragraphs 2.b. (Budget Period) or 3.a. (Close Out and Termination) of this grant, implements the requirements of 22 USC Chapter 78, and is in addition to all other remedies for noncompliance that are available to the FAA under this grant. iii. The sponsor must include the requirements of paragraph 2.a. (PoP) of this grant award term in any subaward it makes to a private entity.
iv. If applicable, the sponsor must also comply with the compliance plan and certification requirements in 2 CFR § 175.105(b).
e. Definitions. For purposes of this grant award, term:
i. “Employee” means either:
a) An individual employed by the sponsor or a subrecipient who is engaged in the performance of the project or program under this grant; or b) Another person engaged in the performance of the project or program under this grant and not compensated by the sponsor or a subrecipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements. ii. “Private Entity” means:
a) Any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR § 200.1. b) The terms “severe forms of trafficking in persons,” “commercial sex act,” “sex trafficking,” “abuse or threatened abuse of law or legal process,” “coercion,” “debt bondage,” and “involuntary servitude” have the meanings given at section 103 of the Victims of Trafficking and Violence Protection Act of 2000, as amended (22 USC § 7102).
23. Grant Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment.
24. Exhibit “A” Property Map. The Exhibit “A” Property Map dated September 19, 2016, is incorporated herein by reference, or is submitted with the project application and made part of this Grant Agreement.
25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 USC § 4701, an employee of a grantee, subgrantee contractor, recipient, or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in 41 USC § 4712(a)(2) information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 USC § 4712. See statutory requirements for whistleblower protections at 10 USC § 4701, 41 USC § 4712, 41 USC § 4304, and 10 USC § 4310. 418
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10 26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P.L. 115-232 § 889] and 2 CFR § 200.216.
27. Critical Infrastructure Security and Resilience. The sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports.
28. Title VI of the Civil Rights Act. As a condition of a grant award, the sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC §§ 2000d et seq.) and implementing regulations (49 CFR Part 21), the Airport and Airway Improvement Act of 1982 (49 USC § 47123), the Age Discrimination Act of 1975 (42 USC § 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any amendments or updates thereto. This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. The sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, and genetic information, in consideration for federal financial assistance. The Department’s and FAA’s Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law.
29. Applicable Federal Anti-Discrimination Laws. The sponsor agrees:
a. That its compliance in all respects with all applicable federal anti-discrimination laws is material to the government’s payment decisions for purposes of 31 USC § 3729(b)(4) and b. To certify that it does not operate any programs promoting Diversity, Equity, and Inclusion (DEI) that violate any applicable federal anti-discrimination laws.
30. National Airspace System Requirements.
a. The sponsor
to the
maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities. The sponsor
b. If FAA determines that the sponsor ., the FAA may impose a remedy, including:
i. A
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11 ii. Consistent with 49 USC Chapter 471, §§ 200.339–
200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the r
or suspension and debarment under 2 CFR part 180; or
iii. Any other remedy legally available.
c.
the FAA.
d. The sponsor acknowledges that amounts that the FAA requires the sponsor to refund to the FAA CFR Parts 900–
904).
31. Signage Costs for Construction Projects. The sponsor agrees that it will require the prime contractor of a federally-assisted airport improvement project to post signs consistent with a DOT/FAAprescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025. 420
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12 SPECIAL CONDITIONS
32. Pavement Maintenance Management Program. The sponsor agrees that it will implement an effective airport pavement maintenance management program as required by Airport Sponsor Grant Assurance 11, Pavement Preventive Maintenance-Management, which is codified at 49 USC § 47105(e). The sponsor agrees that it will use the program for the useful life of any pavement constructed, reconstructed, rehabilitated, or repaired with federal financial assistance at the airport. The sponsor further agrees that the program will:
a. Follow the current version of FAA Advisory Circular 150/5380-6, “Guidelines and Procedures for Maintenance of Airport Pavements,” for specific guidelines and procedures for maintaining airport pavements, establishing an effective maintenance program, specific types of distress and its probable cause, inspection guidelines, and recommended methods of repair;
b. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed;
c. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference, meeting the following requirements:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
i. Location of all runways, taxiways, and aprons;
ii. Dimensions;
iii. Type of pavement; and,
iv. Year of construction or most recent major reconstruction, rehabilitation, or repair.
2. Inspection Schedule.
i. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in the current version of Advisory Circular 150/5380- 6, the frequency of inspections may be extended to three years. ii. Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The type of distress, location, and remedial action, scheduled or performed, must be documented. The minimum information is:
i. Inspection date;
ii. Location;
iii. Distress types; and
iv. Maintenance scheduled or performed.
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13 4. Information Retrieval System. The sponsor must be able to retrieve the information and records produced by the pavement survey to provide a report to the FAA as may be required.
33. Project Containing Paving Work in Excess of $500,000. The sponsor agrees to:
a. Furnish a construction management program to the FAA prior to the start of construction which details the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the federal specifications. The program must include as a minimum:
i The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract;
ii Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided; iii Procedures for determining that the testing laboratories meet the requirements of the ASTM International standards on laboratory evaluation referenced in the contract specifications (i.e., ASTM D 3666, ASTM C 1077);
iv Qualifications of engineering supervision and construction inspection personnel; v A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test; and vi Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken.
a) Submit at completion of the project, a final test and quality assurance report documenting the summary results of all tests performed and highlighting those tests that indicated failure or that did not meet the applicable test standard. The report must include the pay reductions applied and the reasons for accepting any out-of-tolerance material. Submit interim test and quality assurance reports when requested by the FAA. b) Failure to provide a complete report as described above, or failure to perform such tests will, absent any compelling justification, result in a reduction in federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction will be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the Grant Agreement.
c) The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate.
34. Maintenance Project Life. The sponsor agrees that pavement maintenance is limited to those aircraft pavements that are in sound condition that they do not warrant extensive work, such as reconstruction or overlays in the immediate or near future. The sponsor further agrees that AIP, 422
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14 Airport Infrastructure Grant (AIG), or supplemental appropriation funding for the pavements maintained under this project will not be requested for more substantial type rehabilitation (more substantial than periodic maintenance) for a 5-year period following the completion of this project unless the FAA determines that the rehabilitation or reconstruction is required for safety reasons.
35. Plans and Specifications Approval Based Upon Certification. The FAA and the sponsor agree that the FAA’s approval of the sponsor’s Plans and Specification is based primarily upon the sponsor’s certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The sponsor understands that:
a. The sponsor’s certification does not relieve the sponsor of the requirement to obtain prior FAA approval for modifications to published FAA airport development grant standards or to notify the FAA of any limitations to competition within the project; b. The FAA’s acceptance of a sponsor’s certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; and
c. If the FAA determines that the sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under this grant and associated grants.
36. Construction Safety Phasing Plan. In accordance with FAA Advisory Circular 150/5370-2G, Operational Safety on Airports During Construction, and any applicable amendment or update to the Advisory Circular, the sponsor understands and agrees that construction will not commence until FAA has approved the Construction Safety Phasing Plan and Points of Interest airspace case for the project(s) described in this grant, and the project application.
37. Fresno Special Term. Pursuant to the court’s preliminary injunction in City of Fresno v. Turner, 3:25-cv-07070-RS (N.D. Calif.), ECF No. 46 (September 23, 2025), as amended by ECF No. 89 (Apr. 28, 2026), DOT will not be imposing or enforcing the challenged conditions * or any materially similar terms and conditions, to any grant funds awarded, directly or indirectly, to the DOT Plaintiffs and subrecipients, or otherwise rescinding, withholding, cancelling, not processing, pausing, freezing, impeding, blocking, cancelling, terminating, delaying, or conditioning DOT funds based on such conditions to the DOT Plaintiffs or their subrecipients while subject to an injunction. Further, DOT will not require the DOT Plaintiffs or their subrecipients to make any certification or other representation related to compliance with such terms and conditions nor will DOT refuse to issue, process, or sign grant agreements based on the DOT Plaintiffs’ participation in this litigation. Should DOT prevail in the District Court or on appeal, then DOT will require that recipients agree to the original terms and conditions if they wish to continue with the grant in place. Further, pursuant to the ruling in State of California v.
Duffy, 1:25-cv-00208-JJM-PAS (D.R.I.), DOT grant agreements have been modified to remove terms and conditions pertaining to cooperation with federal immigration enforcement. *The challenged conditions include any grant condition that requires or obligates a plaintiff recipient to certify or otherwise agree that it does not operate any Diversity, Equity, and Inclusion (DEI) activities that violate antidiscrimination laws; that it does not promote gender ideology; that it is required to cooperate with federal immigration enforcement; or that otherwise requires compliance with the following Executive Orders: Executive Order (EO) 14151 (Ending Radical and Wasteful Government DEI Programs and Preferencing); EO 14168 423
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15 (Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government); EO 14173 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity); EO 14182 (Enforcing the Hyde Amendment); Executive Order No. 14218 (Ending Taxpayer Subsidization of Open Borders); Executive Order No. 14287 (Protecting American Communities from Criminal Aliens); and EO 14332 (Improving Oversight of Federal Grantmaking). Pursuant to the ruling in State of California v. Duffy, 1:25-cv-00208-JJM-PAS (D.R.I.), DOT grant agreements have been modified to remove terms and conditions pertaining to cooperation with federal immigration enforcement.
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16 The sponsor’s acceptance of this offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the sponsor, as hereinafter provided, and this offer and acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the sponsor with respect to the accomplishment of the project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the sponsor’s acceptance of this offer.
Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.1 UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
{{Sig_es_:signer1:signature:dimension(height=12mm, width=70mm}} (Signature)
{{N_es_:signer1:fullname }}
(Typed Name)
{{N_es_:signer1:title }}
(Title of FAA Official)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 425
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17 Part II - Acceptance
The sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing offer, and does hereby accept this offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this offer and in the Project Application.
Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.2 Dated {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}} City of South Lake Tahoe
(Name of Sponsor)
{{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Authorized Official)
By: {{N_es_:signer2:fullname }}
(Typed Name of Sponsor’s Authorized Official)
Title:{{*Ttl_es_:signer2:title }}
(Title of Sponsor’s Authorized Official)
2 Knowingly and willfully providing false information to the Federal Government is a violation of 18 USC § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 426
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18 CERTIFICATE OF SPONSOR’S ATTORNEY
I, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of __California__. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor’s official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (USC), Chapters 471 and 475; 49 USC §§ 40101 et seq., and 48103; Consolidated Appropriations Act, 2024 (P.L. 118-42); Consolidated Appropriations Act, 2025 (P.L. 119-4); Consolidated Appropriations Act, 2026 (P.L. 119-75); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.3 Dated at {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}} By: {{Sig_es_:signer3:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Attorney)
3 Knowingly and willfully providing false information to the Federal Government is a violation of 18 USC § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 427
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ASSURANCES
AIRPORT SPONSORS
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, USC, subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this Grant Offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a Grant Offer of federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.
There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.
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C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
It will comply with all applicable federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of federal funds for this grant.
Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following:
FEDERAL LEGISLATION
a. 49 USC subtitle VII, as amended.
b. Davis-Bacon Act, as amended — 40 USC §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act – 29 USC § 201, et seq. d. Hatch Act – 5 USC § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC § 4601, et seq.1, 2
f. National Historic Preservation Act of 1966 – Section 106 – 54 USC § 306108.1 g. Archeological and Historic Preservation Act of 1974 – 54 USC § 312501, et seq.1 h. Native Americans Grave Repatriation Act – 25 USC § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended – 42 USC § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 USC § 1451, et seq. k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 USC § 4012a.1 l. 49 USC § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 – 29 USC § 794.
n. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq.) (prohibits discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 USC § 12101 et seq.) (prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 – 42 USC § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended – 42 USC § 4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 – 42 USC § 8373.1 t. Contract Work Hours and Safety Standards Act – 40 USC § 3701, et seq.1 u. Copeland Anti-kickback Act – 18 USC § 874.1 429
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v. National Environmental Policy Act of 1969 – 42 USC § 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 USC § 1271, et seq. x. Single Audit Act of 1984 – 31 USC § 7501, et seq.2
y. Drug-Free Workplace Act of 1988 – 41 USC §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act – 16 USC 1531, et seq.
ee. Title IX of the Education Amendments of 1972, as amended – 20 USC 1681–1683 and 1685– 1687.
ff. Drug Abuse Office and Treatment Act of 1972, as amended – 21 USC 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended – 42 USC § 4541, et seq.
hh. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended – 42 USC § 4541, et seq.
ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31 USC § 1352.
EXECUTIVE ORDERS
a. Executive Order 11990 – Protection of Wetlands
b. Executive Order 11988 – Floodplain Management
c. Executive Order 12372 – Intergovernmental Review of Federal Programs d. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction1
e. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers
f. Executive Order 14149 – Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151 – Ending Radical and Wasteful Government DEI Programs and Preferencing
h. Executive Order 14154 – Unleashing American Energy
i. Executive Order 14168 – Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
j. Executive Order 14173 – Ending Illegal Discrimination and Restoring Merit-Based Opportunity 430
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FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200 and 1201 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3, 4, 5
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures. e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 – Airport Noise Compatibility Planning. g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services.
h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1 j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.1 k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).1 l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1 m. 49 CFR Part 20 – New Restrictions on Lobbying. n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.1, 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.1
s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).
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v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.
x. 49 CFR Part 41 – Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1) 1
These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for state and local governments receiving federal assistance. Any requirement levied upon state and local governments by this regulation shall apply where applicable to private sponsors receiving federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:
It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal Government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
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b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which federal funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to 49 USC § 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors 433
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of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the state in which the project is located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance-Management.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 USC § 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 434
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13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 USC §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 USC § 47112.
However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in 435
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accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions 436
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interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to ensure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers 437
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which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the federal share of an airport development, airport planning or noise compatibility project for 438
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which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 USC § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 USC § 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the 439
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public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.
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29. Airport Layout Plan.
a. The airport owner or operator will maintain a current airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary.
b. Subject to subsection 49 USC § 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect.
c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration—
1. is outside the scope of the Secretary’s review and approval authority as set forth in subsection (x); or
2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC §§ 2000d to 2000d-4); creed and sex per 49 USC § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this grant.
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a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
“The (City of South Lake Tahoe), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 ( 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex , age, or disability in consideration for an award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in federally-assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 442
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3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 USC § 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 USC §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United 443
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States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 USC § 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 USC §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial selfsufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received federal funds under Chapter 471 subchapter 1 of Title 49 USC, it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/airports/aip/aip_pfc_checklist) for AIP projects as of May 20, 2026.
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35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under state law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises (DBE)/Airport Concessions Disadvantage Business Enterprise (ACDBE) Program.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 USC §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 USC § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that:
1. Describes the requests;
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2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date.
40. Access to Leaded Aviation Gasoline
a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self-fueling with, 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 USC § 46301(a)(8). 446
City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, City Manager
__________________________________
Meeting Date: September 8,
2026
Agenda Item #:13
Agenda Item: Waive Second Reading and Adopt Ordinance Approving Award of Franchise Agreement to Lukins Brothers Water Company, Waive Second Reading and Adopt Ordinance Approving Award of Franchise Agreement to Tahoe Water Company
Executive Summary: On June 16, 2026, On June 16, 2026, Council passed a Resolution indicating the City’s intent to award a 25-year Franchise to both Lukins Brothers Water Company and Tahoe Keys Water Company. August 11, 2026 was the day for the public hearing and first reading of the ordinance to award both Franchise Agreements.
Requested Action / Suggested Motions: Waive Second Reading and Pass an Ordinance to award a Franchise Agreement to Lukins Brothers Water Company and Waive Second Reading and Pass an Ordinance to award a Franchise Agreement to Tahoe Keys Water Company.
Responsible Staff Member: Sergio Rudin, Interim City Attorney and Mohammad Qureshi, Director of Public Works
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Sergio Rudin, Interim City Attorney
Attachments:
01-Staff-Report_Ordinance_Lukins_TKWC_Franchise_Agreements__2_.docx 02_Lukins_Water_Franchise_Ordinance.docx
03_TKWC_Franchise_Ordinance.docx
04-Public Notice Franchise Agreements.pdf
05-C-42-16.pdf
06-C-65-17.pdf
447
Council Agenda Report September 8, 2026 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 8, 2026
Title: Waive Second Reading and Adopt Ordinance Approving Award of Franchise Agreement to Lukins Brothers Water Company, Waive Second Reading and Adopt Ordinance Approving Award of Franchise Agreement to Tahoe Water Company Location: Citywide
Responsible Staff Member: Sergio Rudin, Interim City Attorney and Mohammad Qureshi, Director of Public Works
Background:
The Franchise Act of 1937, as codified in the California Public Utilities Code Division 3, authorizes local governments to issue Franchises for oil, gas, and water.
In 1966, the City adopted Ordinance 1966-53 which granted Lukins Brothers Water Company a 50-year Franchise Agreement (C-42-16). The agreement expired in April 2016. A new Franchise Agreement with a stated effective date of June 21, 2016 and was accepted by the Franchisee on July 29, 2016. The Agreement was for a 10-year period and has expired at this point.
In 2017, the City granted a Franchise Agreement to Tahoe Keys Water Company (C-65-17).
The agreement was accepted by the Franchisee on October 20, 2016 but was not awarded by Council until July 11, 2017. The Agreement stated an effective date of June 21, 2016 with a 10-year period. This Agreement has also expired at this point.
On June 16, 2026, Council passed a resolution indicating the City’s intent to award a 25-year Franchise to both Lukins Brothers Water Company and Tahoe Keys Water Company. The public hearing and first reading of the ordinance to award both Franchise Agreements was conducted on August 11, 2006 pursuant to the resolution of intent..
Issue and Discussion:
Pursuant to Public Utilities Code section 6234, Council is required to hold a public hearing to receive written protests or hear protests during the hearing. Once Council has determined that any such protests are insufficient, or have been overruled or denied, then they may grant the Franchise Agreement by adoption of an ordinance.
The City Attorney’s office negotiated with both water companies to develop new Franchise Agreements. The agreements are attached to the ordinances.
Since the ordinances are for a finite duration, they will not be codified into the Municipal Code but will be retained in the City Clerk’s records as adopted ordinances.
Financial Implications:
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Council Agenda Report September 8, 2026 Page 2 of 2
Under the Franchise Agreements, both water companies will pay an annual fee in the amount of two percent (2%) of Grantee's gross annual water revenue collected arising from the use, operation or possession of this Franchise derived from the sale of utility service within the limits of the City under this Franchise. This amount is prescribed under the Franchise Act of 1937.
Environmental Considerations:
The approval of a utility franchise agreement is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) as the water utility infrastructure is already existing and approval of the agreement will not result in a change in the environment.
Policy Implications:
This action supports the City’s Strategic Priority No. 2 of Efficient Government 449
1 ORDINANCE NO. 2026-XXX
Adopted by the City of South Lake Tahoe
City Council
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE GRANTING A WATER FRANCHISE TO LUKINS BROTHERS WATER COMPANY, INC. AND APPROVING A
FRANCHISE AGREEMENT
FINDINGS
A. Lukins Brothers Water Company, Inc. provides water service within the City of South Lake Tahoe and uses City public rights-of-way for its water system facilities.
B. Lukins Brothers Water Company, Inc. requested renewal of its water franchise pursuant to the Franchise Act of 1937, Public Utilities Code section 6201 et seq.
C. On June 16, 2026, the City Council adopted Resolution No. 2026-056 declaring its intention to grant the franchise and setting a public hearing on objections to the proposed franchise, in accordance with Public Utilities Code section 6232.
D. The City Clerk caused notice of the public hearing to be published as required by Public Utilities Code sections 6232 and 6233.
E. On August 11, 2026, the City Council conducted the noticed public hearing, received all written and oral objections, if any, and determined that no sufficient protest or objection precluded granting the franchise.
F. The proposed Franchise Agreement with Lukins Brothers Water Company, Inc., attached as Exhibit A, provides for a 25-year franchise, a franchise fee equal to two percent of gross annual water revenue collected from utility service within the City, and other terms governing the use of City public rights-of-way.
G. The City Council finds that granting the franchise to Lukins Brothers Water Company, Inc. on the terms set forth in Exhibit A is in the public interest.
NOW, THEREFORE, the City Council of the City of South Lake Tahoe does ordain as follows:
SECTION 1. The findings set forth above are true and correct and are incorporated into this Ordinance.
SECTION 2. The City Council hereby approves the Franchise Agreement attached as Exhibit A and, pursuant to Public Utilities Code section 6234, grants to Lukins Brothers Water Company, Inc., and its successors and assigns, the water franchise described therein.
SECTION 3. The Mayor is authorized and directed to execute the Franchise Agreement attached as Exhibit A on behalf of the City and the City Manager is authorized to take all actions reasonably necessary to administer and implement the Agreement.
SECTION 4. Approval of this Ordinance is exempt from the California Environmental Quality Act under State CEQA Guidelines section 15061(b)(3) because this Ordinance renews an existing water franchise, does not approve any specific construction or expansion, and any future work in City public rights-of-way remains subject to separate permitting and environmental review, as applicable.
SECTION 5. The franchise granted by this Ordinance shall become effective on the effective date of this Ordinance, provided Lukins Brothers Water Company has filed its written acceptance of the 450
2 franchise with the City Clerk pursuant to Public Utilities Code section 6235. If the written acceptance has not been filed by the effective date of this Ordinance, the franchise shall become effective upon the filing of the written acceptance.
SECTION 6. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof regardless of the fact that any one or more portions are declared invalid or unconstitutional.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published or posted as required by law.
SECTION 8. This Ordinance shall take effect 30 days after its adoption.
Adopted by the City of South Lake Tahoe City Council on _____, 2026 by the following vote:
Yes:
No:
Abstain:
Absent:
_________________________________ Date:_________
Cody Bass, Mayor
ATTEST:
__________________________________
Susan Blankenship, City Clerk
First Reading:
Published:
Second Reading:
Effective:
451
3 EXHIBIT A
452
4 FRANCHISE AGREEMENT.
BETWEEN
LUKINS BROTHERS WATER COMPANY, INC.
AND
THE CITY OF SOUTH LAKE TAHOE
Section 1 - Grant of Franchise
In accordance with and subject to all applicable provisions of Division 3, Chapter 2 of the California Public Utilities Code ("Code"), the City of South Lake Tahoe, California ("City") hereby grants to Lukins Brothers Water Company, Inc. ("Lukins"), a corporation organized and existing under and by virtue of the laws of the State of California ("Grantee"), its successors and assigns, the right and privilege to construct, install, maintain, use, operate, repair and replace its water system and water system facilities, as defined below, upon, over, along, across and under the present and future public rights-of-way (the "Franchise"). These public rights-of-way include, but are not limited to, present and future roads, streets, avenues, alleys, ways, highways, bridges, public utility easements granted by the City and public places within the City ("Public Right(s)-of-Way").
Grantee's water system is for the purpose of supplying water for any and all purposes to the City, its successors, the inhabitants thereof, and all individuals and entities either within or beyond the limits thereof. Grantee's water system includes a transmission and distribution system of mains, pipelines and conduits, together with all necessary or desirable appurtenances including, but not limited to, pipes, laterals, service lines, pumps, manholes, meters, gauges, valves, traps, fences, vaults, regulators, regulator stations, appliances, attachments and related equipment, facilities, appurtenances and/or property for the purpose of supplying water (individually, and collectively, "Water System Facilities"). Grantee shall have the right to install, maintain, construct, operate, use, repair or replace any or all of its Water System Facilities from time to time as may be necessary or proper.
Section 2 - Term
The Effective Date of this Franchise shall be June 21, 2026. This Franchise shall continue and remain in full force and effect for twenty five (25) years or until it shall, with the consent of the California Public Utilities Commission, be voluntarily surrendered or abandoned by Grantee, or until the State of California or some municipal or public corporation purchases by voluntary agreement or condemns and takes under the power of eminent domain, all property actually used and useful in the exercise of this Franchise and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until this Franchise is forfeited by Grantee for non-compliance with its terms.
Section 3 - Manner of Installation, Construction and Maintenance
3.1 Grantee shall install, construct and maintain its Water System Facilities in a good and workmanlike manner and in conformity with all applicable federal, state, regional and local laws and regulations, including the ordinances and rules adopted by the legislative body of the City in the exercise of its police powers and not in conflict with the paramount authority of the State of California.
Grantee shall apply for and obtain from City a permit for (a) all new and replacement main extensions in excess of 250 lineal feet; and (b) all activities that result in the placement of more than 100 square feet of paved Public Right-of-Way. Grantee may perform any and all other work in the Public Right-of-Way(s) under an annual permit granted by the City pursuant to South Lake Tahoe City Code section 7.05.310, as may be amended; provided that requests by Grantee for an annual permit shall be submitted to the City annually
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5 prior to May 1st. Notwithstanding anything to the contrary contained herein, Grantee shall have the right to undertake without delay such emergency activities necessary to provide for and maintain the reliability and safety of its Water System Facilities. If such action is required, Grantee shall advise City of the work performed to maintain its system as soon as is practicable, but no later than two (2) business days after work is initiated.
3.2 Grantee shall keep installation records of the location of all Water System Facilities in the Public Rights-of-Way. City agrees that records of the location or design of the Water System Facilities are proprietary to Grantee and City shall not release nor make available any records to any outside party without the express, written permission of Grantee. Upon the City's prior written request, Grantee shall provide for City's internal use only the approximate horizontal location of Grantee's Water System Facilities within specified areas of the Public Rights of Way in either non-editable electronic format (i.e., .pdf file) or a hardcopy/paper format for purposes of permitting and design of City-owned facilities and managing the Public Rights of Way.
Section 4 - Restoration: Repair
4.1 If, in the construction, maintenance or operation of its water system and/or water system facilities, Grantee damages or disturbs the surface or subsurface of any public road, then Grantee shall, within a reasonable time, but in no case later than ninety (90) days (weather permitting), restore the surface or subsurface of the public road as required by City development standards in effect at that time unless Grantee obtains a waiver from City. Nothing in this Franchise Agreement shall be construed as constituting a contractual obligation on the part of Grantee that assumes jurisdiction over, or the obligation to maintain, such public road.
4.2 Grantee shall pay to the City upon demand the cost of repairs to City public property caused by Grantee's operations under this Franchise.
Section 5 - Franchise Fee
5.1 In lieu of any license fees, permit fees or other fees or taxes (including but not limited to plan review, inspection, but excluding general ad valorem property taxes which must be paid by Grantee) being imposed on Grantee by City, Grantee shall pay to City a franchise fee ("Franchise Fee"). The amount of the Franchise Fee paid by Grantee shall be a sum equal to two percent (2%) of Grantee's gross annual water revenue collected arising from the use, operation or possession of this Franchise derived from the sale of utility service within the limits of the City under this Franchise. Payment of the Franchise Fee shall constitute full and sole consideration for the rights granted under this Franchise.
5.2 Grantee shall file with the City Clerk within three (3) months after expiration of the first calendar year (or first fractional calendar year, as applicable) following the Effective Date, and within three months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts of Grantee, its successors or assigns, during the preceding calendar year from the sale of water within the City. Grantee shall pay to the City within fifteen (15) days after the time for filing each statement of gross receipts, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year (or fractional calendar year) covered by such statement. Any neglect, omission or refusal by Grantee to file the verified statement, or to pay the Franchise Fee at the time or in the manner provided constitutes grounds for the declaration of a forfeiture of this Franchise.
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6 Section 6 - Publication Costs
Grantee shall pay to the City, within thirty (30) days after the City has furnished Grantee with a written statement of such expenses, a sum sufficient to reimburse it for the actual cost of all publication expenses incurred in granting this Franchise.
Section 7 - Relocation of Facilities
7.1 Grantee shall, upon written request by City, relocate, without expense to the City, any of its Water System Facilities located in the Public Rights-of-Way if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place by the City, including the construction of any subway or viaduct by the City ("City Project") due to the fact that the Water System Facilities are in direct, physical conflict with the City Project which conflict cannot be avoided by the City with reasonable and diligent efforts. In the event the City Project is paid for totally or in part with non-City funds (excluding grant funding that expressly prohibits payment of or reimbursement for utility relocation costs), then the Grantee's costs of moving its Water System Facilities shall be borne by the source of the non-City funds in the same ratio as the non-City funds bear to the total City Project cost; however, Grantee shall not be required to commence such work until Grantee receives such amount from the source of non-City funds in cash or other manner reasonably acceptable to Grantee. To the extent that a relocation results in a replacement of existing Lukins infrastructure, pipeline and appurtenances, but not the land or easement, shall belong to Lukins.
7.2 Whenever the City requests Grantee to relocate Grantee's Water System Facilities, City and Grantee will cooperate on the planning for the relocation and selection of a new location for any affectedWater System Facilities to minimize the cost of such relocation and/or disruption of Grantee's water system operations. Grantee shall complete such relocation within one hundred eighty (180) days (weather permitting) after (i) City has provided written notice to Grantee approving the proposed location and design, and (ii) all required permits for the relocation (including any amendments or modifications to permits) have been issued by permitting agencies. A reasonable extension may be provided upon mutual agreement of both parties.
7.3 If City requires Grantee to relocate any Water System Facilities located in private easements, then the costs and expenditures associated with purchasing a new private easement of comparable value shall be borne by City. The location of the new easement shall be reasonably acceptable to Grantee.
7.4 City shall disclose to Grantee with as much advance notice as is practicable any proposed development or construction that may impact Grantee's Water System Facilities. City further agrees to coordinate with Grantee, and to use reasonable and diligent efforts to avoid, to the extent possible, a conflict with such facilities requiring relocation thereof. Except in the event of an emergency posing an immediate threat to public safety or welfare, Grantee shall not be required to relocate, at Grantee's cost, any Water System Facilities within one year of construction or relocation of such facilities paid for by Grantee.
7.5 If relocation of any Water System Facilities is required or requested due to the actions or inactions of any party other than the City, the third party shall be responsible for the cost of such relocation. Grantee shall not be required to commence such work until such time that Grantee receives such relocation costs in cash or adequate assurances of compensation reasonably acceptable to Grantee.
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7 7.6 City will not exercise its right to require any of Grantee's Water System Facilities to be relocated in an unreasonable or arbitrary manner, or to avoid its obligations under this Franchise.
7.7 Grantee's obligations under this Section 7 shall remain in effect only so long as the City retains jurisdiction over and the obligation to maintain such applicable Public Right-of-Way or City property.
Section 8 - Damages: Indemnification
Grantee shall be liable for all damages proximately resulting from Grantee's failure to well and faithfully observe and perform the provisions of this Franchise and the provisions of Division 3, Chapter 2 of the Code; and shall indemnify and hold harmless the City and its officers from all liability for damages proximately resulting from Grantee's operations under this Franchise; provided that such liability is not the result of any willful misconduct or grossly negligent acts of City. Grantee shall receive from City full, complete and prompt notice of any and all such claims or demands as are hereby indemnified.
Section 9 - Franchise in Lieu of Others
This Franchise is made in lieu of all other franchises, rights or privileges owned by Grantee, or any successor of Grantee to any rights under this Franchise, for transmitting and distributing water within the limits of the City, as said limits now or hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of the State of California as that section existed prior to its amendment adopted October 10, 1911. The acceptance of this Franchise as granted shall operate as an abandonment of all such franchises, rights and privileges within the limits of the City, as such limits now or may hereafter exist, in lieu of which this Franchise is granted.
Section 10 - Forfeiture for Non-Compliance
10.1 If Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions of this Franchise, and does not within twenty (20) days after receipt of written demand from City for compliance commence the work of compliance, or after commencing such work, fails to prosecute the work·to completion with due diligence, City may declare the franchise forfeited. City may bring an action in its own name for such forfeiture.
10.2 In the event Grantee's performance of any of the terms, conditions or obligations required by this Franchise Agreement is prevented by an event of Force Majeure, such inability to perform shall be deemed excused and no liquidated damages or sanctions shall be imposed as a result thereof, but only to the extent such Force Majeure Event prevents Grantee from performing its Franchise obligations. “Force Majeure Event” shall include acts of war, sabotage, riots or civil disturbances, restraints imposed by order of a governmental agency or court, explosions, acts of public enemies, labor strikes and natural disasters such as floods, earthquakes, landslides, and fires.
Section 11 - City Rights Reserved
This Franchise shall not in any way impair or affect the right of City to acquire the property of Grantee by purchase or condemnation, and nothing herein contained shall be construed to contract away, modify or abridge, either for a term or in perpetuity, City's right of eminent domain in respect to any public utility. This Franchise shall not be given any value before any court or other public authority in any proceeding in excess of the cost to Grantee of the necessary publication and any other sum paid therefor to City at the time of acquisition.
Section 12 - Consent to Assignment
The rights, privileges and Franchise hereby granted may be transferred or assigned by Grantee in 456
8 whole or in part to any person certified by the California Public Utilities Commission to assume the duties and obligations of Grantee under this Franchise. Grantee shall file with the City's legislative body within thirty (30) days after any sale, transfer, assignment, or lease of the Franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by Grantee or its duly authorized officers.
Section 13 - Franchise: Exclusive as to Water Service Only This Franchise is exclusive as to water service only within the Water System and Service Boundary Area as determined by the California Public Utilities Commission and nothing herein contained shall be construed to (i) prevent the City from granting similar rights or privileges to any other person, firm or corporation, or (ii) to deny or lessen the City's power and privileges granted by law.
Section 14 – Mediation Procedures
14.1 Mandatory Non-Binding Mediation. If a dispute arises out of, or relates to this Franchise, Agreement or the breach thereof, and if said dispute cannot be settled through normal contract negotiations, the Parties agree to first endeavor to settle the dispute in an amicable manner, using mandatory mediation under the Mediation Rules of the American Arbitration Association or any other neutral organization agreed upon before seeking recourse in a court of law.
14.2 Mandatory Mediation Costs. The expenses of witnesses for either side shall be paid by the Party producing such witnesses. All other reasonable expenses of the mediation, including required traveling and expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the Parties, unless they agree otherwise.
14.3 Selection of Mediator. A single mediator that is acceptable to both Parties shall be used to mediate the dispute. The mediator will be knowledgeable about public water systems as defined in the California Safe Drinking Water Act, California Health & Safety Code section 116275(h), and may be selected from lists furnished by the American Arbitration Association (“AAA”) or any other agreed upon mediator. To initiate mediation, the initiating Party shall serve a request for mediation on the opposing Party. If the mediator is selected from a list provided by AAA, the initiating party shall concurrently file with AAA a request for mediation along with the appropriate fees; a list of three requested mediators marked in preference order, and a preference for available dates.
14.3.1 If AAA is selected to coordinate the mediation (“Administrator”), within ten (10) working days from the receipt of the initiating Party's request for mediation, the opposing Party shall file the following: a list of preferred mediators listed in preference order, after striking any mediators to which they have any factual objection, and a preference for available dates. If the opposing party strikes all of initiating Party's preferred mediators, opposing Party shall submit a list of three preferred mediators listed in preference order to initiating Party and Administrator. Initiating Party shall file a list of preferred mediators listed in preference order, after striking any mediator to which they have any factual objection. This process shall continue until both sides have agreed upon a mediator.
14.3.2 The Administrator will appoint or the Parties shall agree upon the highest, mutually preferred, mediator from the individual parties’ lists who is available to serve within the designated time frames.
14.3.3 If the parties agree not to use AAA, then a mutually agreed upon mediator, date and place for the mediation shall be agreed upon.
14.4 Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal manner and discovery will not be allowed. All discussions, statements, or admissions will be confidential to the Party's legal position. The Parties may agree to exchange any information they deem necessary.
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9 14.4.1 Both Parties must have an authorized representative attend the mediation. Each representative must have the authority to recommend entering into a settlement. Either Party may have attorney(s) or expert(s) present. Upon reasonable demand, either Party may request and receive a list of witnesses and notification whether attorney(s) will be present.
14.4.2 Any agreements resulting from mediation shall be documented, in writing. All mediation results and documentation, by themselves, shall be "non-binding" and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon, in writing, by both Parties.
Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery.
Section 15 - Independent Provisions
If any section, paragraph, clause, phrase or provision of this Franchise Agreement shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this Franchise Agreement as a whole or any part of the provisions hereof other than the part so adjudged to be invalid or unconstitutional.
The undersigned, Mayor and City Council, City of South Lake Tahoe, California, pass and adopt this Franchise Agreement this day of , 2026.
CITY OF SOUTH LAKE TAHOE
By:
Dated:
LUKINS BROTHERS WATER COMPANY,
INC.
A California corporation
By:
Dated:
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10 ACCEPTANCE OF FRANCHISE
On the day of 2026, the Mayor and City Council of the City of South Lake Tahoe execute this Franchise Agreement granting Lukins Water Company, Inc., a California corporation, a franchise within certain property located in the City of South Lake Tahoe for the purpose of providing domestic water service in the City, by and between the City and Lukins. Pursuant to Section 6235 of the California Public Utilities Code. Lukins hereby accepts said franchise, which shall be effective upon the filing of this acceptance with the City Clerk.
Executed this day of , 2026.
LUKINS BROTHERS WATER COMPANY, INC.,
a California corporation
By:
6 459
ORDINANCE NO. 2026-XXX
Adopted by the City of South Lake Tahoe
City Council
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE
GRANTING A WATER FRANCHISE TO TAHOE KEYS WATER COMPANY AND
APPROVING A FRANCHISE AGREEMENT
FINDINGS
A. Tahoe Keys Water Company provides water service within the City of South Lake Tahoe and uses City public rights-of-way for its water system facilities.
B. Tahoe Keys Water Company requested renewal of its water franchise pursuant to the Franchise Act of 1937, Public Utilities Code section 6201 et seq.
C. On June 16, 2026, the City Council adopted Resolution No. 2026-056 declaring its intention to grant the franchise and setting a public hearing on objections to the proposed franchise, in accordance with Public Utilities Code section 6232.
D. The City Clerk caused notice of the public hearing to be published as required by Public Utilities Code sections 6232 and 6233.
E. On August 11, 2026, the City Council conducted the noticed public hearing, received all written and oral objections, if any, and determined that no sufficient protest or objection precluded granting the franchise.
F. The proposed Franchise Agreement with Tahoe Keys Water Company, attached as Exhibit A, provides for a 25-year franchise, a franchise fee equal to two percent of gross annual water revenue collected from utility service within the City, and other terms governing the use of City public rights-of-way.
G. The City Council finds that granting the franchise to the Tahoe Keys Water Company on the terms set forth in Exhibit A is in the public interest.
NOW, THEREFORE, the City Council of the City of South Lake Tahoe does ordain as follows:
SECTION 1. The findings set forth above are true and correct and are incorporated into this Ordinance.
SECTION 2. The City Council hereby approves the Franchise Agreement attached as Exhibit A and, pursuant to Public Utilities Code section 6234, grants to Tahoe Keys Water Company, and its successors and assigns, the water franchise described therein.
SECTION 3. The Mayor is authorized and directed to execute the Franchise Agreement attached as Exhibit A on behalf of the City and the City Manager is authorized to take all actions reasonably necessary to administer and implement the Agreement.
SECTION 4. Approval of this Ordinance is exempt from the California Environmental Quality Act under State CEQA Guidelines section 15061(b)(3) because this Ordinance renews an existing water franchise, does not approve any specific construction or expansion, and any future work in City public rights-of-way remains subject to separate permitting and environmental review, as applicable.
SECTION 5. The franchise granted by this Ordinance shall become effective on the effective date of this Ordinance, provided Tahoe Keys Water Company has filed its written acceptance of 460
the franchise with the City Clerk pursuant to Public Utilities Code section 6235. If the written acceptance has not been filed by the effective date of this Ordinance, the franchise shall become effective upon the filing of the written acceptance.
SECTION 6. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof regardless of the fact that any one or more portions are declared invalid or unconstitutional.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published or posted as required by law.
SECTION 8. This Ordinance shall take effect 30 days after its adoption.
Adopted by the City of South Lake Tahoe City Council on _____, 2026 by the following vote:
Yes:
No:
Abstain:
Absent:
_________________________________ Date:_________
Cody Bass, Mayor
ATTEST:
__________________________________
Susan Blankenship, City Clerk
First Reading:
Published:
Second Reading:
Effective:
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EXHIBIT A
462
FRANCHISE AGREEMENT
BETWEEN
TAHOE KEYS WATER COMPANY
AND
THE CITY OF SOUTH LAKE TAHOE
Section 1 - Grant of Franchise
In accordance with and subject to all applicable provisions of Division 3, Chapter 2 of the California Public Utilities Code (“Code”), the City of South Lake Tahoe, California (“City”) hereby grants to Tahoe Keys Water Company (“Tahoe Keys”), a corporation organized and existing under and by virtue of the laws of the State of California (“Grantee”), its successors and assigns, the right and privilege to construct, install, maintain, use, operate, repair and replace its water system and water system facilities, as defined below, upon, over, along, across and under the present and future public rights-of-way (the “Franchise”). These public rights-of-way include, but are not limited to, present and future roads, streets, avenues, alleys, ways, highways, bridges, public utility easements granted by the City and public places within the City (“Public Right(s)-of-Way”).
Grantee’s water system is for the purpose of supplying water for any and all purposes to the City, its successors, the inhabitants thereof, and all individuals and entities either within or beyond the limits thereof. Grantee’s water system includes a transmission and distribution system of mains, pipelines and conduits, together with all necessary or desirable appurtenances including, but not limited to, pipes, laterals, service lines, pumps, manholes, meters, gauges, valves, traps, fences, vaults, regulators, regulator stations, appliances, attachments and related equipment, facilities, appurtenances and/or property for the purpose of supplying water (individually, and collectively, “Water System Facilities”). Grantee shall have the right to install, maintain, construct, operate, use, repair or replace any or all of its Water System Facilities from time to time as may be necessary or proper.
Section 2 – Term
The Effective Date of this Franchise shall be June 21, 2026. This Franchise shall continue and remain in full force and effect for twenty-five (25) years or until it shall, with the consent of the California Public Utilities Commission, be voluntarily surrendered or abandoned by Grantee, or until the State of California or some municipal or public corporation purchases by voluntary agreement or condemns and takes under the power of eminent domain, all property actually used and useful in the exercise of this Franchise and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until this Franchise is forfeited by Grantee for non-compliance with its terms.
Section 3 – Manner of Installation, Construction and Maintenance
3.1 Grantee shall install, construct and maintain its Water System Facilities in a good and workmanlike manner and in conformity with all applicable federal, state, regional and local laws and regulations, including the ordinances and rules adopted by the legislative body of the City in the exercise of its police powers and not in conflict with the paramount authority of the State of California. Grantee shall apply for and obtain from City a permit for (a) all new and replacement main extensions in excess of 250 lineal feet; and (b) all activities that result in the placement of more than 100 square feet of paved Public Right-of-Way. Grantee may perform any and all other work in the Public Right-of-Way(s) under an annual permit granted by the City pursuant to South Lake Tahoe City Code section 7.05.310, as may be amended; provided that requests by Grantee for a blanket permit shall be submitted to the City annually prior to May 1st. Notwithstanding anything to the contrary contained herein, Grantee shall have the right to undertake without delay such emergency activities necessary to provide for and maintain the reliability and safety of its 463
Water System Facilities. If such action is required, Grantee shall advise City of the work performed to maintain its system as soon as is practicable, but no later than two (2) business days after work is initiated.
3.2 Grantee shall keep installation records of the location of all Water System Facilities in the Public Rights-of-Way. City agrees that records of the location or design of the Water System Facilities are proprietary to Grantee and City shall not release nor make available any records to any outside party without the express, written permission of Grantee. Upon the City’s prior written request, Grantee shall provide for City’s internal use only the approximate horizontal location of Grantee’s Water System Facilities within specified areas of the Public Rights of Way in either noneditable electronic format (i.e., .pdf file) or a hardcopy/paper format for purposes of permitting and design of City-owned facilities and managing the Public Rights of Way.
Section 4 – Restoration; Repair
4.1 If, in the construction, maintenance or operation of its water system and/or water system facilities, Grantee damages or disturbs the surface or subsurface of any public road, then Grantee shall, within a reasonable time, but in no case later than ninety (90) days (weather permitting), restore the surface or subsurface of the public road as required by City development standards in effect at that time. Nothing in this Franchise Agreement shall be construed as constituting a contractual obligation on the part of Grantee that assumes jurisdiction over, or the obligation to maintain, such public road.
4.2 Grantee shall pay to the City upon demand the cost of repairs to City public property caused by Grantee’s operations under this Franchise.
Section 5 - Franchise Fee
5.1 In lieu of any license fees, permit fees or other fees or taxes (including but not limited to plan review, inspection, but excluding general ad valorem property taxes which must be paid by Grantee) being imposed on Grantee by City, Grantee shall pay to City a franchise fee (“Franchise Fee”). The amount of the Franchise Fee paid by Grantee shall be a sum equal to two percent (2%) of Grantee’s gross annual water revenue collected arising from the use, operation or possession of this Franchise derived from the sale of utility service within the limits of the City under this Franchise. Payment of the Franchise Fee shall constitute full and sole consideration for the rights granted under this Franchise.
5.2 Grantee shall file with the City Clerk within three (3) months after expiration of the first calendar year (or first fractional calendar year, as applicable) following the Effective Date, and within three months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts of Grantee, its successors or assigns, during the preceding calendar year from the sale of water within the City. Grantee shall pay to the City within fifteen (15) days after the time for filing each statement of gross receipts, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year (or fractional calendar year) covered by such statement. Any neglect, omission or refusal by Grantee to file the verified statement, or to pay the Franchise Fee at the time or in the manner provided constitutes grounds for the declaration of a forfeiture of this Franchise.
Section 6 – Publication Costs
Grantee shall pay to the City, within thirty (30) days after the City has furnished Grantee with a written statement of such expenses, a sum sufficient to reimburse it for the actual cost of all publication expenses incurred in granting this Franchise. 464
Section 7 - Relocation of Facilities
7.1 Grantee shall, upon written request by City, relocate, without expense to the City, any of its Water System Facilities located in the Public Rights-of-Way if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place by the City, including the construction of any subway or viaduct by the City (“City Project”) due to the fact that the Water System Facilities are in direct, physical conflict with the City Project which conflict cannot be avoided by the City with reasonable and diligent efforts. In the event the City Project is paid for totally or in part with non-City funds (excluding grant funding that expressly prohibits payment of or reimbursement for utility relocation costs), then the Grantee’s costs of moving its Water System Facilities shall be borne by the source of the non-City funds in the same ratio as the non-City funds bear to the total City Project cost; however, Grantee shall not be required to commence such work until Grantee receives such amount from the source of non-City funds in cash or other manner reasonably acceptable to Grantee. To the extent that a relocation results in a replacement of existing Tahoe Keys infrastructure, pipeline and appurtenances, but not the land or easement, shall belong to Tahoe Keys.
7.2 Whenever the City requests Grantee to relocate Grantee’s Water System Facilities, City and Grantee will cooperate on the planning for the relocation and selection of a new location for any affected Water System Facilities to minimize the cost of such relocation and/or disruption of Grantee’s water system operations. Grantee shall complete such relocation within one hundred eighty (180) days (weather permitting) after (i) City has provided written notice to Grantee approving the proposed location and design, and (ii) all required permits for the relocation (including any amendments or modifications to permits) have been issued by permitting agencies.
A reasonable extension may be provided upon mutual agreement of both parties.
7.3 If City requires Grantee to relocate any Water System Facilities located in private easements, then the costs and expenditures associated with purchasing a new private easement of comparable value shall be borne by City. The location of the new easement shall be reasonably acceptable to Grantee.
7.4 City shall disclose to Grantee with as much advance notice as is practicable any proposed development or construction that may impact Grantee’s Water System Facilities. City further agrees to coordinate with Grantee, and to use reasonable and diligent efforts to avoid, to the extent possible, a conflict with such facilities requiring relocation thereof. Except in the event of an emergency posing an immediate threat to public safety or welfare, Grantee shall not be required to relocate, at Grantee’s cost, any Water System Facilities within one year of construction or relocation of such facilities paid for by Grantee.
7.5 If relocation of any Water System Facilities is required or requested due to the actions or inactions of any party other than the City, the third party shall be responsible for the cost of such relocation. Grantee shall not be required to commence such work until such time that Grantee receives such relocation costs in cash or adequate assurances of compensation reasonably acceptable to Grantee.
7.6 City will not exercise its right to require any of Grantee’s Water System Facilities to be relocated in an unreasonable or arbitrary manner, or to avoid its obligations under this Franchise.
7.7 Grantee’s obligations under this Section 7 shall remain in effect only so long as the City retains jurisdiction over and the obligation to maintain such applicable Public Right-of-Way or City property.
Section 8 – Damages; Indemnification
465
Grantee shall be liable for all damages proximately resulting from Grantee’s failure to well and faithfully observe and perform the provisions of this Franchise and the provisions of Division 3, Chapter 2 of the Code; and shall indemnify and hold harmless the City and its officers from all liability for damages proximately resulting from Grantee’s operations under this Franchise; provided that such liability is not the result of any willful misconduct or grossly negligent acts of City. Grantee shall receive from City full, complete and prompt notice of any and all such claims or demands as are hereby indemnified.
Section 9 – Franchise in Lieu of Others
This Franchise is made in lieu of all other franchises, rights or privileges owned by Grantee, or any successor of Grantee to any rights under this Franchise, for transmitting and distributing water within the limits of the City, as said limits now or hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of the State of California as that section existed prior to its amendment adopted October 10, 1911. The acceptance of this Franchise as granted shall operate as an abandonment of all such franchises, rights and privileges within the limits of the City, as such limits now or may hereafter exist, in lieu of which this Franchise is granted.
Section 10 – Forfeiture for Non-Compliance
10.1 If Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions of this Franchise, and does not within twenty (20) days after receipt of written demand from City for compliance commence the work of compliance, or after commencing such work, fails to prosecute the work to completion with due diligence, City may declare the franchise forfeited. City may bring an action in its own name for such forfeiture.
10.2 In the event Grantee's performance of any of the terms, conditions or obligations required by this Franchise Agreement is prevented by an event of Force Majeure, such inability to perform shall be deemed excused and no liquidated damages or sanctions shall be imposed as a result thereof, but only to the extent such Force Majeure Event prevents Grantee from performing its Franchise obligations. “Force Majeure Event” shall include acts of war, sabotage, riots or civil disturbances, restraints imposed by order of a governmental agency or court, explosions, acts of public enemies, labor strikes and natural disasters such as floods, earthquakes, landslides, and fires.
Section 11 – City Rights Reserved
This Franchise shall not in any way impair or affect the right of City to acquire the property of Grantee by purchase or condemnation, and nothing herein contained shall be construed to contract away, modify or abridge, either for a term or in perpetuity City’s right of eminent domain in respect to any public utility. This Franchise shall not be given any value before any court or other public authority in any proceeding in excess of the cost to Grantee of the necessary publication and any other sum paid therefor to City at the time of acquisition.
Section 12 - Consent to Assignment
The rights, privileges and Franchise hereby granted may be transferred or assigned by Grantee in whole or in part to any person certified by the California Public Utilities Commission to assume the duties and obligations of Grantee under this Franchise. Grantee shall file with the City’s legislative body within thirty (30) days after any sale, transfer, assignment, or lease of the Franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by Grantee or its duly authorized officers.
Section 13 - Franchise; Exclusive as to Water Service Only 466
This Franchise is exclusive as to water service only within the Water System and Service Boundary Area as determined by the California Public Utilities Commission and nothing herein contained shall be construed to (i) prevent the City from granting similar rights or privileges to any other person, firm or corporation, or (ii) to deny or lessen the City’s power and privileges granted by law.
Section 14 – Mediation Procedures
14.1 Mandatory Non-Binding Mediation. If a dispute arises out of, or relates to this Franchise, or the breach thereof, and if said dispute cannot be settled through normal contract negotiations, the Parties agree to first endeavor to settle the dispute in an amicable manner, using mandatory mediation under the Mediation Rules of the American Arbitration Association or any other neutral organization agreed upon before seeking recourse in a court of law.
14.2 Mandatory Mediation Costs. The expenses of witnesses for either side shall be paid by the Party producing such witnesses. All other reasonable expenses of the mediation, including required traveling and expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the Parties, unless they agree otherwise.
14.3 Selection of Mediator. A single mediator that is acceptable to both Parties shall be used to mediate the dispute. The mediator will be knowledgeable about public water systems as defined in the California Safe Drinking Water Act, California Health & Safety Code section 116275(h), and may be selected from lists furnished by the American Arbitration Association (“AAA”) or any other agreed upon mediator. To initiate mediation, the initiating Party shall serve a request for mediation on the opposing Party. If the mediator is selected from a list provided by AAA, the initiating party shall concurrently file with AAA a request for mediation along with the appropriate fees; a list of three requested mediators marked in preference order, and a preference for available dates.
14.3.1 If AAA is selected to coordinate the mediation (“Administrator”), within ten (10) working days from the receipt of the initiating Party's request for mediation, the opposing Party shall file the following: a list of preferred mediators listed in preference order, after striking any mediators to which they have any factual objection, and a preference for available dates. If the opposing party strikes all of initiating Party's preferred mediators, opposing Party shall submit a list of three preferred mediators listed in preference order to initiating Party and Administrator. Initiating Party shall file a list of preferred mediators listed in preference order, after striking any mediator to which they have any factual objection. This process shall continue until both sides have agreed upon a mediator.
14.3.2 The Administrator will appoint or the Parties shall agree upon the highest, mutually preferred, mediator from the individual parties’ lists who is available to serve within the designated time frames.
14.3.3 If the parties agree not to use AAA, then a mutually agreed upon mediator, date and place for the mediation shall be agreed upon.
14.4 Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal manner and discovery will not be allowed. All discussions, statements, or admissions will be confidential to the Party's legal position. The Parties may agree to exchange any information they deem necessary.
14.4.1 Both Parties must have an authorized representative attend the mediation. Each 467
representative must have the authority to recommend entering into a settlement. Either Party may have attorney(s) or expert(s) present. Upon reasonable demand, either Party may request and receive a list of witnesses and notification whether attorney(s) will be present.
14.4.2 Any agreements resulting from mediation shall be documented, in writing. All mediation results and documentation, by themselves, shall be "non-binding" and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon, in writing, by both Parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery.
Section 15 - Independent Provisions
If any section, paragraph, clause, phrase or provision of this Franchise Agreement shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this Franchise Agreement as a whole or any part of the provisions hereof other than the part so adjudged to be invalid or unconstitutional.
The undersigned, Mayor and City Council, City of South Lake Tahoe, California, pass and adopt this Franchise Agreement this ____ day of __________, 2026.
CITY OF SOUTH LAKE TAHOE
By: _________________________________
Mayor Cody Bass
Dated:
_______________________________
TAHOE KEYS WATER COMPANY
A California corporation
By: _________________________________
Dated:
_______________________________
468
ACCEPTANCE OF FRANCHISE
On the _____ day of ________________, 2026, the Mayor and City Council of the City of South Lake Tahoe executed this Franchise Agreement granting Tahoe Keys Water Company, a California corporation, a franchise within certain property located in the City of South Lake Tahoe for the purpose of providing domestic water service in the City, by and between the City and Tahoe Keys. Pursuant to Section 6235 of the California Public Utilities Code. Tahoe Keys hereby accepts said franchise, which shall be effective upon the filing of this acceptance with the City Clerk.
Executed this ____ day of ___________, 2026.
TAHOE KEYS WATER COMPANY,
a California corporation
By:______________________________
469
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Notice ID: 6jmAXDyDKwCbc45zL3nc | Proof Updated: Aug. 10, 2026 at 03:29pm PDT Notice Name: Ordinance Lukins TKWC Franchise First Reading | Publisher ID: 411997 This is not an invoice. Below is an estimated price, and it is subject to change. You will receive an invoice with the final price upon invoice creation by the publisher.
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Ordinance Lukins TKWC Franchise First Reading - Page 1 of 2 470
Ordinance Lukins TKWC Franchise First Reading - Page 2 of 2 471
FRANCHISE AGREEMENT
BETWEEN
LUKINS BROTHERS WATER COMPANY, INC.
AND
THE CITY OF SOUTH LAKE TAHOE
Section 1 - Grant of Franchise
In accordance with and subject to all applicable provisions of Division 3, Chapter 2 of the California Public Utilities Code ( " Code "), the City of South Lake Tahoe, California ( " City ") hereby grants to Lukins Brothers Water Company, Inc. ( "Lukins "), a corporation organized and existing under and by virtue of the laws of the State of California ( "Grantee "), its successors and assigns, the right and privilege to construct, install, maintain, use, operate, repair and replace its water system and water system facilities, as defined below, upon, over, along, across and under the present and future public rights -df -way ( the " Franchise "). These public rights -of -way include, but are not limited to, present and future roads, streets, avenues, alleys, ways, highways, bridges, public utility easements granted by the City and public places within the City Public Right(s) -of- Way "). Grantee' s water system is for the purpose of supplying water for any and all purposes to the City, its successors, the inhabitants thereof, and all individuals and entities either within or beyond the limits thereof. Grantee' s water system includes a transmission and distribution system of mains, pipelines and conduits, together with all necessary or desirable appurtenances including, but not limited to, pipes, laterals, service lines, pumps, manholes, meters, gauges, valves, traps, fences, vaults, regulators, regulator stations, appliances, attachments and related equipment, facilities, appurtenances and /or property for the purpose of supplying water ( individually, and collectively, "Water System Facilities "). Grantee shall have the right to install, maintain, construct, operate, use, repair or replace -any or all of its Water System Facilities from time to time as may be necessary or proper.
Section 2 — Term
The Effective Date of this Franchise shall be June 21, 2016. This Franchise shall continue and remain in full force and effect for ten ( 10) years or until it shall, with the consent of the California Public Utilities Commission, be voluntarily surrendered or abandoned by Grantee, or until the State of California or some municipal or public corporation purchases by voluntary agreement or condemns and takes under the power of eminent domain, all property actually used and useful in the exercise of this Franchise and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until this Franchise is forfeited by Grantee for non - compliance with its terms.
Section 3 — Manner of Installation, Construction and Maintenance
3. 1 Grantee shall install, construct and maintain its Water System Facilities in a good and workmanlike manner and in conformity with all applicable federal, state, regional and local laws and regulations, including the ordinances and rules adopted by the legislative body of the City in the exercise of its police powers and not in conflict with the paramount authority of the State of California. Grantee shall apply for and obtain from City a permit for (a) all new and replacement main extensions in excess of 500 lineal feet; and ( b) all activities that result in the placement of more than 100 square feet of paved Public Right - of -Way. Grantee may perform any and all other work in the Public Right -of- Way( s) under a blanket annual permit granted by the City; provided that requests by Grantee for a blanket permit shall be submitted to the City annually 7 / 1gIko CC PI '1 1
C.
I ` -
11TRAL RECORDS
FILE
C__ /-f C °_/ ( ra
472
prior to May 1st. Notwithstanding anything to the contrary contained herein, Grantee shall have the right to undertake without delay such emergency activities necessary to provide for and maintain the reliability and safety of its Water System Facilities. If such action is required, Grantee shall advise City of the work performed to maintain its system as soon as is practicable, but no later than two ( 2) business days after work is initiated.
3.2 Grantee shall keep installation records of the location of all Water System Facilities in the Public Rights - of -Way. City agrees that records of the location or design of the Water System Facilities are proprietary to Grantee and City shall not release nor make available any records to any outside party without the express, written permission of Grantee. Upon the City' s prior written request, Grantee shall provide for City' s internal use only the approximate horizontal location of Grantee' s Water System Facilities within specified areas of the Public Rights of Way in either non - editable electronic format ( i. e., . pdf file) or a hardcopy /paper format for purposes of permitting and design of City -owned facilities and managing the Public Rights of Way.
Section 4 — Restoration: Repair
4. 1 If, in the construction, maintenance or operation of its water system and /or water system facilities, Grantee damages or disturbs the surface or subsurface of any public road, then Grantee shall, within a reasonable time, but in no case later than ninety ( 90) days ( weather permitting), restore the surface or subsurface of the public road as required by City development standards in effect at that time. Nothing in this Franchise Agreement shall be construed as constituting a contractual obligation on the part of Grantee that assumes jurisdiction over, or the obligation to maintain, such public road.
4.2 Grantee shall pay to the City upon demand the cost of repairs to City public property caused by Grantee' s operations under this Franchise.
Section 5 - Franchise Fee
5. 1 In lieu of any license fees, permit fees or other fees or taxes ( including but not limited to plan review, inspection, but excluding general ad valorem property taxes which must be paid by Grantee) being imposed on Grantee by City, Grantee shall pay to City a franchise fee Franchise Fee "). The amount of the Franchise Fee paid by Grantee shall be a sum equal to two percent ( 2 %) of Grantee' s gross annual water revenue collected arising from the use, operation or possession of this Franchise derived from the sale of utility service within the limits of the City under this Franchise. Payment of the Franchise Fee shall constitute full and sole consideration for the rights granted under this Franchise.
5. 2 Grantee shall file with the City Clerk within three ( 3) months after expiration of the first calendar year ( or first fractional calendar year, as applicable) following the Effective Date, and within three months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts of Grantee, its successors or assigns, during the preceding calendar year from the sale of water within the City. Grantee shall pay to the City within fifteen ( 15) days after the time for filing each statement of gross receipts, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year ( or fractional calendar year) covered by such statement. Any neglect, omission or refusal by Grantee to file the verified statement, or to pay the Franchise Fee at the time or in the manner provided constitutes grounds for the declaration of a forfeiture of this Franchise. 2 473
Section 6 — Publication Costs
Grantee shall pay to the City, within thirty ( 30) days after the City has furnished Grantee with a written statement of such expenses, a sum sufficient to reimburse it for the actual cost of all publication expenses incurred in granting this Franchise.
Section 7 - Relocation of Facilities
7. 1 Grantee shall, upon written request by City, relocate, without expense to the City, any of its Water System Facilities located in the Public Rights -of -Way if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place by the City, including the construction of any subway or viaduct by the City ( "City Project ") due to the fact that the Water System Facilities are in direct, physical conflict with the City Project which conflict cannot be avoided by the City with reasonable and diligent efforts. In the event the City Project is paid for totally or in part with non -City funds ( excluding grant funding that expressly prohibits payment of or reimbursement for utility relocation costs), then the Grantee' s costs of moving its Water System Facilities shall be borne by the source of the non -City funds in the same ratio as the non -City funds bear to the total City Project cost; however, Grantee shall not be required to commence such work until Grantee receives such amount from the source of non -City funds in cash or other manner reasonably acceptable to Grantee. To the extent that a relocation results in a replacement of existing Lukins infrastructure, pipeline and appurtenances, but not the land or easement, shall belong to Lukins.
7. 2 Whenever the City requests Grantee to relocate Grantee' s Water System Facilities, City and Grantee will cooperate on the planning for the relocation and selection of a new location for any affected Water System Facilities to minimize the cost of such relocation and /or disruption of Grantee' s water system operations. Grantee shall complete such relocation within one hundred eighty ( 180) days ( weather permitting) after ( i) City has provided written notice to Grantee approving the proposed location and design, and ( ii) all required permits for the relocation including any amendments or modifications to permits) have been issued by permitting agencies. A reasonable extension may be provided upon mutual agreement of both parties.
7. 3 If City requires Grantee to relocate any Water System Facilities located in private easements, then the . costs and expenditures associated with purchasing a new private easement of comparable value shall be borne by City. The location of the new easement shall be reasonably acceptable to Grantee.
7. 4 City shall disclose to Grantee with as much advance notice as is practicable any proposed development or construction that may impact Grantee' s Water System Facilities. City further agrees to coordinate with Grantee, and to use reasonable and diligent efforts to avoid, to the extent possible, a conflict with such facilities requiring relocation thereof. Except in the event of an emergency posing an immediate threat to public safety or welfare, Grantee shall not be required to relocate, at Grantee' s cost, any Water System Facilities within one year of construction or relocation of such facilities paid for by Grantee.
7. 5 If relocation of any Water System Facilities is required or requested due to the actions or inactions of any party other than the City, the third party shall be responsible for the cost of such relocation. Grantee shall not be required to commence such work until such time that Grantee receives such relocation costs in cash or adequate assurances of compensation reasonably acceptable to Grantee.
3 474
7. 6 City will not exercise its right to require any of Grantee' s Water System Facilities to be relocated in an unreasonable or arbitrary manner, or to avoid its obligations under this Franchise.
7. 7 Grantee' s obligations under this Section 7 shall remain in effect only so long as the City retains jurisdiction over and the obligation to maintain such applicable Public Right -of -Way or City property.
Section 8 — Damages: Indemnification
Grantee shall be liable for all damages proximately resulting from Grantee' s failure to well and faithfully observe and perform the provisions of this Franchise and the provisions of Division 3, Chapter 2 of the Code; and shall indemnify and hold harmless the City and its officers from all liability for damages proximately resulting from Grantee's operations under this Franchise; provided that such liability is not the result of any willful misconduct or grossly negligent acts of City. Grantee shall receive from City full, complete and prompt notice of any and all such claims or demands as are hereby indemnified.
Section 9 — Franchise in Lieu of Others
This Franchise is made in lieu of all other franchises, rights or privileges owned by Grantee, or any successor of Grantee to any rights under this Franchise, for transmitting and distributing water within the limits of the City, as said limits now or hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of the State of California as that section existed prior to its amendment adopted October 10, 1911. The acceptance of this Franchise as granted shall operate as an abandonment of all such franchises, rights and privileges within the limits of the City, as such limits now or may hereafter exist, in lieu of which this Franchise is granted.
Section 10 — Forfeiture for Non - Compliance
If Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions of this Franchise, and does not within twenty ( 20) days after receipt of written demand from City for compliance commence the work of compliance, or after commencing such work, fails to prosecute the work to completion with due diligence, City may declare the franchise forfeited.
City may bring an action in its own name for such forfeiture.
Section 11 — City Rights Reserved
This Franchise shall not in any way impair or affect the right of City to acquire the property of Grantee by purchase or condemnation, and nothing herein contained shall be construed to contract away, modify or abridge, either for a term or in perpetuity City' s right of eminent domain in respect to any public utility. This Franchise shall not be given any value before any court or other public authority in any proceeding in excess of the cost to Grantee of the necessary publication and any other sum paid therefor to City at the time of acquisition. n
475
Section 12 - Consent to Assignment
The rights, privileges and Franchise hereby granted may be transferred or assigned by Grantee in whole or in part to any person certified by the California Public Utilities Commission to assume the duties and obligations of Grantee under this Franchise. Grantee shall file with the City' s legislative body within thirty ( 30) days after any sale, transfer, assignment, or lease of the Franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by Grantee or its duly authorized officers.
Section 13 - Franchise; Exclusive as to Water Service Only This Franchise is exclusive as to water service only within the Water System and Service Boundary Area as determined by the California Public Utilities Commission and nothing herein contained shall be construed to ( i) prevent the City from granting similar rights or privileges to any other person, firm or corporation, or ( ii) to deny or lessen the City' s power and privileges granted by law.
Section 14 - Independent Provisions
If any section, paragraph, clause, phrase or provision of this Franchise Agreement shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this Franchise Agreement as a whole or any part of the provisions hereof other than the part so adjudged to be invalid or unconstitutional.
The undersigned, Mayor and City Council, City of South Lake Tahoe, California, pass and adopt this Franchise Agreement this 19th day of July, 2016.
CITY OF SOUTH LAKE TAHOE
Y1. ojlW, milriadl
LUKINS BROTHERS WATER COMPANY,
INC.
A California corporation
By: _ 2
Danny Lukins
Dated: I 11A A. Dated:
476
ACCEPTANCE OF FRANCHISE
On the day of b , 2016, the Mayor and City Council of the City of South Lake Tahoe execute this Fra chise Agreement granting Lukins Water Company, Inc., a California corporation, a franchise within certain property located in the City of South Lake Tahoe for the purpose of providing domestic water service in the City, by and between the City and Lukins. Pursuant to Section 6235 of the California Public Utilities Code. Lukins hereby accepts said franchise, which shall be effective upon the filing of this acceptance with the City Clerk.
Executed this 2-1 day of , 2016.
LUKINS BROTHERS WATER COMPANY, INC.,.
a California corporation
By
Danny LukirX
477
478
479
480
481
482
483
City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, City Manager
__________________________________
Meeting Date: September 8,
2026
Agenda Item #:14
Agenda Item: Special Event and Vacation Home Rental Fee Update Executive Summary: The proposed amendments to the Master Fee Schedule are intended to align the fees collected by the City with the actual cost of delivering services associated with the issuance of a Minor Special Event Permit and Vacation Home Rental Inspection.
Requested Action / Suggested Motions: Pass a Resolution amending the City Master Fee Schedule for a Minor Special Event Permit and Vacation Home Rental Inspection Responsible Staff Member: Zach Thomas, Director of Development Services Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Sergio Rudin, Interim City Attorney
Attachments:
01-Staff_Report_FeeSchedule_.docx
02-Resolution2026-Master_Fee_Schedule_Update.docx
03-Public Notice
484
Council Agenda Report September 8, 2026 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 8, 2026
Title: Special Event and Vacation Home Rental Fee Update Location: City Wide
Responsible Staff Member: Zachary Thomas, Director of Development Services Background: User fees in California must comply with the California Constitution, including Proposition 26, and applicable statutory requirements, including Government Code Sections 66014 through 66018.5. Under Proposition 26, fees imposed for specific services, reasonable regulatory costs, licenses and permits, or entrance to or use of City property are generally excluded from the definition of a “tax” under Article XIIIC, Section 1(e).
On March 10, 2026, the City Council received a presentation on the Draft Comprehensive User Fee Study prepared by Government Consulting Partners (GCP). The study was intended to align user fees with the actual cost of providing services; improve transparency; ensure compliance with Proposition 26 and Government Code Section 66014; and reduce unintended General Fund subsidies, where appropriate. The study evaluated the full cost of service across City departments, including direct staff time, fully burdened labor rates, allocated overhead, operating costs, and current cost-recovery levels.
On May 5, 2026, the City Council adopted Resolution No. 2026-043, approving the Fiscal Year 2025–2026 Master Fee Schedule. Since adoption of the Master Fee Schedule, staff has determined that the fees collected for vacation home rental inspections do not fully recover the City’s actual inspection costs. In addition, the City has received concerns regarding the cost of applying for a special event permit.
Issues and Discussion:
Major and Minor Special Event
The adopted Master Fee Schedule establishes a fee of $1,059 for both major and minor special event permits. The same fee currently applies regardless of the type of event proposed because the permit review and preparation process is substantially the same for both event categories. All special event applications require review by the Development Review Team; coordination with City departments and outside agencies, such as El Dorado County Environmental Management; and preparation of the special event permit.
A major special event permit is required when an event includes one or more of the following:
Closure of or detours on City streets;
Use of City resources;
Attendance of 500 or more persons; or
Operation for four or more consecutive days.
485
Council Agenda Report September 8, 2026 Page 2 of 2
Although the permit review process is similar for both event types, minor special events generally involve fewer attendees, have a lower impact on City resources, and do not require public notice.
After reviewing the fee, staff recommends reducing the minor special event permit fee by 50 percent, from $1,059 to $529.
Vacation Home Rental Inspection Fee
The City Council adopted Resolution No. 2025-053 on June 17, 2025 which permitted vacation home rentals in residential zones. The resolution amended the City budget to provide sufficient capacity for permit processing, inspections, enforcement, and outreach, while supporting full cost recovery for the program.
The resolution established an initial inspection fee of $285 and a reinspection fee of $165, which was projected to cover the cost of inspections. However, since the implementation of Ordinance 2026-1203, which became effective on April 23, 2026, inspections have become more involved as a wider variety of homes apply for permits and are inspected. Factors that increase the complexity of VHR home inspections may include, but are not limited to, the discovery of unpermitted work, non-compliance with a variety of code requirements, complications associated with defensible space requirements.
Many inspections result in the need to do follow up research such as investigating unpermitted work, researching building files and reviewing old building plans to determine the specifications of the structure as well as follow up communications with the property owner. Furthermore, inspections are only completed at the time of the initial permit issuance, so there is no option to do a follow up inspection the following year to address potential issues that are discovered.
To account for the additional work and to maintain consistency with the adopted requirement that VHR costs are to be full cost recovery, staff recommends amending the Master Fee Schedule to increase the VHR inspection fee from $285 to $570 and increasing the reinspection fee from $165 to $330. The proposed increase in inspection fees aligns with the current cost of conducting the inspections.
Environmental Considerations: This action is not a “project” subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), as it involves organizational or administrative activities that will not result in direct or reasonably foreseeable indirect physical changes in the environment.
Financial Implications: Reducing the minor special event permit fee would decrease City revenue. Based on historical application activity for minor special events, staff estimates the annual revenue reduction would be approximately $3,700.
Increasing vacation home rental inspection fees would generate additional revenue to offset the City’s cost of providing inspection services and support full cost recovery for the program.
Policy Implication: The proposed amendments to the Fiscal Year 2025–2026 Master Fee Schedule are consistent with the City’s adopted Financial Policies, which support cost recovery for City-provided services where appropriate.
486
Resolution 2026-XX September 8, 2026 Page 1 of 2
Resolution 2026-XX
Adopted by the City of South Lake Tahoe
City Council
September 8, 2026
Amending the Annual Master Schedule of Fees and Charges for City Services 2025-2026 for Special Event Permits and Vacation Home Rental Inspections
BACKGROUND
A. User fees in California must conform to the California Constitution, including Proposition 26, and statutory requirements, including Government Code Sections 66013 through 66019. User fees imposed to provide specific services, to cover reasonable regulatory costs to issue licenses and permits, for entrance to or use of city property, and fines for violating the City Code are generally excluded from the definition of "tax" under Proposition 26.
B. The City of South Lake Tahoe engaged Government Consulting Partners (GCP) in April 2025 to conduct a Comprehensive User Fee Study using 2024 financial and operational data. The study evaluated the full cost of City services and recommended fee structures that support the City's cost‑recovery objectives. At its March 24, 2026 meeting, the City Council directed that fees be set to recover the cost of providing services to minimize General Fund subsidies, except for Emergency Medical Services (EMS) and selected recreation and community programs, which will remain partially subsidized based on policy considerations.
Additionally, appeal fees shall be set at full cost recovery and refunded if the appellant prevails.
C. On June 17, 2025, The City Council adopted Resolution No. 2025-053, approving amendments to the FY 2024-2025 Vacation Home Rental (VHR) program budget and changes to the allocated permanent position listing.
D. Since adoption of Resolution No. 2025-053 and the Master Fee Schedule, staff has determined that the fees collected for vacation home rental inspections do not fully recover the City's actual inspection costs. In addition, the city has received concerns regarding the cost of applying for a minor special event permit. Although the permit review process is similar for both major and minor event types, minor special events generally involve fewer attendees, have a lower impact on City resources, and do not require public notice. 487
Resolution 2026-XX September 8, 2026 Page 2 of 2
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Has conducted an analysis of the costs of its services.
2. Wishes to recover costs of providing special services, such that general revenues are not diverted from general services to subsize services.
3. Approves the following fees which are effective upon approval of this resolution, amending the 2025-2026 Master Fee Schedule
Development Services
Department
Fee Description Current Fee Proposed Fee
VHR Inspection Fee $285 $570
VHR Re-Inspection Fee $165 $330
Minor Special Event Permit $1,059 $529
Adopted by the City of South Lake Tahoe City Council on September 8, 2026, by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
488
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CITY OF SOUTH LAKE TAHOE PLANNING
PLANNING
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Notice ID: KEmtKjYGTHlOnEyOA8ZR | Proof Updated: Aug. 25, 2026 at 01:15pm PDT Notice Name: September 8 2026 CC Meeting - Fee Schedule This is not an invoice. Below is an estimated price, and it is subject to change. You will receive an invoice with the final price upon invoice creation by the publisher.
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City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, City Manager
__________________________________
Meeting Date: September 8,
2026
Agenda Item #:15
Agenda Item: Mid-Town Area/Specific Plan and Initial Study/Negative Declaration Executive Summary: The City Council will consider the Mid-Town Area/Specific Plan and Initial Study/Negative Declaration for adoption. Major changes proposed by the plan include expanding permissible uses; expanding the Town Center Overlay to allow greater height, density, and coverage; modifying parking requirements; and proposing new transportation improvements and area-wide improvements. The Planning Commission considered the plan at its August 20th meeting and recommended that the City Council adopt the plan (3 to 1 vote).
Requested Action / Suggested Motions: 1) Pass a Resolution adopting the Mid-Town Area/Specific Plan Initial Study/Negative Declaration; and, 2) Pass Resolution adopting the Mid-Town Area/Specific Plan.
Responsible Staff Member: Anna Kashuba, Senior Planner
Reviewed and Approved By: Zachary Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Sergio Rudin, Interim City Attorney Attachments:
01-Mid-Town_CC_StaffReport.docx
02-MTAP_CC_CEQAReso (1).docx
03-MTAP_CC_PlanReso.docx
04-Mid-Town Map.pdf
05-Outreach Summary and Appendices.pdf
06-FINAL IS_ND_20260821.pdf
07-Mid-TownAreaPlan_FinalDraft.pdf
08-Tribune Proof.pdf
09-Tribune Proof (2).pdf
10-MTAPFeasibilityReportFINAL 082426.pdf
11-Mid-TownPowerpoint_CC20261008.pptx
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City Council Agenda Report September 8, 2026 Page 1
City of South Lake Tahoe
Report to City Council
Meeting Date: September 8, 2026
Title: Mid-Town Area/Specific Plan and Initial Study/Negative Declaration Location: Mid-Town (attachment 04)
Responsible Staff Member: Anna Kashuba, Senior Planner
BACKGROUND
Development of the Mid-Town Area Plan (MTAP/Area Plan) is Strategic Priority 1, Action Item
1.2 of the City's 2023-2028 Strategic Plan and completion of the Area Plan is Priority 4.7 of the City's 2025-2030 Strategic Plan. The planning process for the Mid-Town Area Plan was initiated on May 7, 2024, when the Council received a presentation on the plan's development timeline, priority topics, and outreach approach. On September 10, 2024, City Council discussed priority topics for the plan, which included implementation strategies, mixed-use redevelopment, recreation assets, arts and culture, transportation, and housing.
From August 2024 to September 2026, staff hosted and attended 37 events to solicit feedback on the plan's contents. These events took the form of public hearings (9), open houses (4), private stakeholder meetings (13), community events (3), community organization presentations (2), and meetings with partner agencies (6). A summary of outreach activities is included in attachment 05.
At the August 20, 2026, Planning Commission meeting, a resolution was passed (3 to 1 vote) recommending that City Council adopt the Mid-Town Area Plan and the Initial Study/Negative Declaration. Discussions were had regarding the Town Center expansion and potential impacts to housing in the surrounding area. The proposed plan was adopted without changes.
The City Council is asked to consider adoption of the final draft of the Mid-Town Area Plan and the environmental analysis conducted pursuant to the California Environmental Quality Act (CEQA, Public Resources Code Section 21000 et seq.), CEQA Guidelines. The Area Plan and Initial Environmental Checklist and Finding of No Significant Effect will be considered by the TRPA Governing Board for adoption this winter.
ISSUE AND DISCUSSION
Project Description
The proposed project is a new area plan that includes approximately 780 acres on the south shore of Lake Tahoe, in central South Lake Tahoe. The MTAP will replace the Bijou Al Tahoe Community Plan and the Sierra Tract Commercial Plan Area Statement (PAS) in their entirety.
A significant portion of the Bijou Meadows PAS will be replaced by the Area Plan, as well as select parcels from the Al Tahoe PAS and Highland Woods PAS to eliminate split zoning.
The Mid-Town Area Plan will serve as a mutual plan for the City and TRPA by providing directions for how the area should be regulated to achieve regional environmental and land use objectives. It establishes goals, policies, and design standards to transform the area. Key elements include expansion of the Town Center and implementation strategies, or "next steps," to guide the City in achieving goals in a timely manner. Parcels within the plan area are grouped 492
City Council Agenda Report September 8, 2026 Page 2
into 6 districts based on location and existing land use pattern. Specific development and design standards are summarized below by district, followed by a discussion of overarching policies.
The proposed MTAP is provided in attachment 07.
Al Tahoe Center
Parcels at the corner of Highway 50/Lake Tahoe Blvd. and Al Tahoe Blvd. have significant existing coverage, BMP certificates, and are in a Town Center, all of which provide ample redevelopment opportunity. The proximity of these parcels to major employers such as the Al Tahoe Post Office, Lake Tahoe Community College, Lake Tahoe Unified School District, South Tahoe Public Utility District, and South Lake Tahoe Government Center make them ideal for high density, mixed-use developments.
Development standards for this area consider maximizing views of Trout Creek and the surrounding open space. Redevelopment must emphasize community gathering areas appropriate for the scale of the uses. Mixed-use developments are encouraged to consider commercial occupancy throughout the design process to ensure that the space properly suits the needs of potential tenants.
Development Standard Existing Proposed (units/acre)
Density*
Manufactured/Mobile home
dwelling
- -
Multiple family dwelling - 8-65 (A)
Multi-person dwelling - 2-62 (A)
Nursing and personal care - 2-62 (A)
Residential care - 2-62 (A)
Single family dwelling - 8-65 (A1 – condos only)
Height Roof Pitch
TRPA Code of
Ordinances Table
37.4.1-1
46 feet maximum with 3:12
dominant roof pitch
Use (does not include SUP status change)
Added: Multiple family dwelling, multi-person dwelling, nursing and personal care, residential care, single family dwelling (condos only), nursery, special event area (S), secondary storage (S), small commercial kitchen, small-scale manufacturing, membership organization, participant sports facilities (S), outdoor recreation concessions (S), riding and hiking trails (S), visitor information centers
Removed: Building materials and hardware, auto repair and service Tahoe Sierra Business District
Stakeholders feel the Tahoe Sierra area should maintain a strong commercial presence, while incorporating modest residential uses. Many parcels are small and near residential uses. This has been considered in identifying permissible uses and design standards to avoid noise and parking conflicts.
While there is much open space surrounding the neighborhoods adjacent to the district, stakeholders identified multiple parcels they felt appropriate for restoration and open space. Three of these parcels are identified by TRPA as a Stream Restoration Plan Area. The City is in the process of transferring two community identified parcels to the CTC to be maintained as open space.
Automobile infrastructure dominates the area, creating an unpleasant and sometimes unsafe experience for pedestrians and bicyclists. It is not uncommon for driveways to take up most of a parcel's frontage.
Development Standard Existing Proposed (units/acre)
493
City Council Agenda Report September 8, 2026 Page 3 Density* Manufactured/Mobile home
dwelling
8 units per acre (S) 1-8
Multiple family dwelling 15 units per acre (S) 6-65 (A) Multi-person dwelling - 2-62 (A)
Nursing and personal care 25 people per acre (S) 2-62 (A) Residential care 25 people per acre (S) 2-62 (A)
Single family dwelling 1 unit per parcel (S) 6-65 (A1 – condos only) Height and Roof Pitch
TRPA Code of
Ordinances Table
37.4.1-1
34-46 feet maximum based
on location, with 3:12
dominant roof pitch
Use (does not include SUP status change)
Added: Multiple family dwelling, multi-person dwelling, nursing and personal care, residential care, single family dwelling (condos only), special event area (S), small commercial kitchen
Removed: None
Public Service Center
Mid-Town contains many of the City and region's core services that facilitate and enrich residents' lives. This includes but is not limited to the South Tahoe Public Utility District; El Dorado County Library; South Tahoe Middle School; South Lake Tahoe Police Department; the South Lake Tahoe Branch of the El Dorado County Superior Court of California; and the Recreation & Aquatics Center.
Several of the facilities listed above are also within the 56-Acres Master Plan site (Master Plan). The Master Plan was adopted in 2022 to elevate the recreation and community experience near the existing hubs of Lakeview Commons and El Dorado Beach. The Master Plan also proposes a civic center within the site, where all City departments are centrally located.
Development Standard Existing Proposed (units/acre)
Density*
Manufactured/Mobile home
dwelling
- -
Multiple family dwelling 15 units per acre (A) 2-65 (A) Multi-person dwelling - 2-62 (A)
Nursing and personal care - 2-62 (A)
Residential care 25 people per acre (A) 2-62 (A)
Single family dwelling - -
Height and Roof Pitch
TRPA Code of
Ordinances Table
37.4.1-1
56 feet maximum with 3:12
dominant roof pitch
Use (does not include SUP status change)
Added: Multi-person dwelling, nursing and personal care, residential care, general retail and personal service, small-scale manufacturing, storage yards (S), vehicle storage and parking (S), membership organization, power generating (S), beach recreation, boat launching, riding and hiking trails
Removed: Collection stations
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Note: Uses within the 56-Acres Master Plan site shall be consistent those allowed per the grant deed, El Dorado County Recorder-Clerk DOC# 2022-0034737.
Harrison/Sandy District
Stakeholders view this area of Mid-Town as a "locals' downtown," though noted shortcomings in navigating the area. The Sandy Way area suffers from a lack of pedestrian friendly infrastructure, accessibility features, and stormwater improvements. Parking is limited and many spaces require that vehicles back into roadways. A complete street plan like that of Harrison Ave. should be explored.
Street parking would provide room for sidewalk improvements, while preserving the shared parking structure as exists today. Shared improvements have great potential to spur private redevelopment.
Enhanced walkability would further the small-town charm of the area that community members emphasized should be preserved. This area should be supported by resident and tourist serving commercial uses as well as multifamily residential uses.
The Harrison Ave. area is well established, with strong pedestrian, bike, social, and economic activity.
There have been many façade improvements and remodels spurred by the Harrison Ave. Streetscape Improvement Project. While the area is largely built out, there are community identified priorities to decrease congestion, solve parking conflicts, and reduce conflicts between pedestrians and bikes/scooters. Business owners along Harrison Ave. emphasized the importance of community events to the success of their businesses and supported development of more community spaces for yearround events in the neighboring 56-acres site.
Development Standard Existing Proposed (units/acre)
Density*
Manufactured/Mobile home
dwelling
- -
Multiple family dwelling 15 units per acre (S) 6-65 (A) Multi-person dwelling 25 people per acre (S/-) 2-62 (A) Nursing and personal care - 2-62 (A)
Residential care - 2-62 (A)
Single family dwelling 1 unit per parcel (S) 6-65 (A1 – condos only) Height and Roof Pitch
TRPA Code of
Ordinances Table
37.4.1-1
42 feet maximum with 5:12
dominant roof pitch or 34
feet maximum with 3:12
dominant roof pitch
Use (does not include SUP status change)
Added: Nursing and personal care, residential care, special event area (S), small commercial kitchen, printing and publishing, small-scale manufacturing, regional public health and safety facilities (S), membership organization Removed: None
Lake Tahoe Community College
Lake Tahoe Community College (LTCC) is ever-growing to accommodate needs of both students and the greater community. There are many unique considerations in drafting of the permissible uses and design standards for LTCC parcels. Larger colleges regularly house restaurants and convenience stores.
These uses should be considered accessory to the "college" use category when built at an appropriate scale to support student life and events regularly hosted at the college, such as sporting events. 495
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Bijou Recreation District
Bijou Community Park is a South Lake Tahoe hub where one can participate in several recreation activities or gather with family and friends. While the space is a favorite for many residents, deficient accessibility and parking prevent optimal use of the space.
Design standards provide flexibility in enhancing Bijou Community Park and Golf Course to meet the needs of present and future users. Standards are intentionally broad, as each element of the park should undergo an individual outreach process. Design concepts are shown for the district. These are not proposals, but rather demonstrations of alternative ways the space can be activated to meet greater community needs and desires.
Development Standard Existing Proposed (units/acre)
Density
Manufactured/Mobile home
dwelling
- -
Multiple family dwelling - 2-4 (S)
Multi-person dwelling - 2-10 (S)
Nursing and personal care - 2-10 (S)
Residential care - 2-10 (S)
Single family dwelling 1 unit per parcel (S) No change
LTCC's first on-campus housing opened in 2025, though tenancy is limited to California residents as a condition of the funding source. There are additional housing needs for out of state students, exchange students, as well as California-based students who cannot secure housing in the new development. Future on-campus housing options may consider faculty and staff housing, as well as housing for those not associated with the college in order to make funding more accessible.
Development Standard Existing Proposed (units/acre)
Density*
Manufactured/Mobile home
dwelling
- -
Multiple family dwelling 15 units per acre (A) 2-65 (A) Multi-person dwelling - 2-62 (A)
Nursing and personal care - -
Residential care 25 people per acre (A) -
Single family dwelling - -
Height and Roof Pitch
TRPA Code of
Ordinances Table
37.4.1-1
56 feet maximum with 3:12
dominant roof pitch
Use (does not include SUP status change)
Added: Multi-person dwelling, general retail and personal services (S), outdoor retail sales (S), broadcasting studios, secondary storage, small-scale manufacturing, membership organization, power generating (S), riding and hiking trails Removed: Developed campgrounds, collection stations, cemetery, business support services, contract construction services
Notes
* The maximum density for parcels not within the Town Center overlay shall be as stated in TRPA Code of Ordinances Table 31.3.2-1, Maximum Densities, and as subsequently amended.
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City Council Agenda Report September 8, 2026 Page 6 Height and Roof Pitch TRPA Code of
Ordinances Table
37.4.1-1
No change
Use (does not include SUP status change)
Added: Multiple family dwelling (S), multi-person dwelling (S), nursing and personal care (S), residential care (S), special event area (S), secondary storage (S), recreation centers (S), Removed: Domestic animal raising, local post office, regional public health and safety facilities, membership organization, public utility centers *Notes Regarding Density
These tables represent densities as proposed by the City of South Lake Tahoe. Maximum densities as set by TRPA Code of Ordinances Table 13.5.3-1 supersede those listed here for parcels within the Town Center. The maximum density per TRPA Code of Ordinances Table
13.5.3-1 shall be applied, including subsequent amendments to increase density.
Residential and mixed-use projects as described in TRPA Code of Ordinance 36.13 are exempt from density standards per TRPA Code of Ordinances 31.4.1.A.
Density
The maximum density for multifamily residential uses, including single-family condominium developments, would be 65 units per acre within the Town Center under the proposed plan. This density would apply only to the extent it is lower than the maximum densities set by the TRPA Code of Ordinances (currently, such limit is in Table 13.5.3-1). Currently, TRPA's maximum multifamily density for parcels within Town Centers is 25 units per acre.
Housing
The Area Plan includes changes necessary to implement the TRPA Phase 2 Affordable and Workforce Housing Code Amendments adopted in December 2023 for the areas within and outside of the Town Center. These amendments are included in the proposed changes to density, height, and land coverage limits.
The Mid-Town Area Plan development process has overlapped with outreach for the General Plan 2027-2035 Housing Element Update. The Area Plan proposes changes consistent with those in the Housing Element update, such as creating more opportunities for emergency shelters, navigation centers, and employee housing. The proposed changes in zoning, height, and density are anticipated to address a variety of housing needs.
Coverage
This existing Town Center overlay consists of 65 acres and is proposed to be expanded to 404 acres. Most of the area added to the Town Center is property owned by Lake Tahoe Community College, the City of South Lake Tahoe, and El Dorado County. This change is meant to facilitate these entities' master plans to better serve the public and the greater south shore area. These parcels will become eligible to purchase and transfer coverage up to 70% of the project area.
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One alternative comprehensive coverage management system is proposed which applies only to public service uses on parcels or project areas greater than one-third acre. Such projects may choose this system as an alternative to TRPA Code
30.4.1.C.3.c. The proposal allows all base allowable land coverage attributed to Land Capability Districts 1 through 3 may be placed within any Land Capability District 4 through 7. All base allowable land coverage attributed to Land Capability Districts 4 and 5 may be placed within any higher land capability district. Base allowable land coverage attributed to Land Capability Districts 6 and 7 may be used interchangeably.
Parking
Many stakeholders have emphasized the importance of shared parking throughout MidTown. The plan includes directions to explore how to make existing public parking more visible and accessible, as well as to identify new locations for public parking.
Parking standards as included in City Code are modified to allow for more variability in response to unique project elements. Projects may be allowed to build more or fewer parking spaces than required when justified based on the nature of the use, operating measures, or mitigation measures. Due to the prevalence of transit and bike infrastructure through the plan area, all projects may reduce the required parking by 30%. Additional flexibility may be allowed through exceptions such as the following:
The applicant provides a demand analysis demonstrating whether a differing number of parking spaces is necessary or sufficient due to the use's nature, seasonality, or other unique elements.
The project includes alternative transportation methods such as shuttles for staff/patrons; incentives for nearby accommodations; car/bike share; or other means that reduce reliance on individual vehicles.
The project area enters a formal shared parking agreement with a secondary parcel with reasonable means to and from.
Parking is managed and enforced by the property owner(s) through paid parking, time limits, a reservation system, valet service, or the like.
The MTAP will have no minimum parking requirement for a limited number of uses.
While developers may propose a desired number of spaces, the review authority (staff, CSLT Planning Commission, or the TRPA Governing Board) must still approve the proposed number as part of discretionary permit approval. Parking will be reviewed based on considerations such as capacity; existing nearby public parking; commute methods of students and staff (college); nature of service for residential uses; and unique projects within broader use categories.
Nursing and personal care
Residential care
Amusement, recreation, & entertainment facilities
Outdoor amusements
Colleges
Transit stations and terminals
Beach recreation
Outdoor recreation concessions
Participant sports facilities
Recreation centers
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City Council Agenda Report September 8, 2026 Page 8
Boat launching facilities
Group facilities
Transportation
The Area Plan emphasizes the importance of pedestrian and bicycle facilities in both public and private development efforts. There are 12 newly identified transportation projects throughout the plan area. Including these projects in the Area Plan helps them score higher on grant applications as it demonstrates a high level of public participation and community desire.
During the development of the Area Plan, we saw completion of the Greenway Connector, which will be noted in updated Figures 11 and 12 (existing and proposed transportation facilities).
Implementation
Chapter 13 of the Area Plan includes 11 implementation strategies to spur application of the plan in a timely manner. These will not become active alongside adoption of the plan, however, as further analysis is required. Based on future conditions, funding availability, and relevant state programs, City Council may direct staff to explore such strategies. This chapter also includes four areawide concepts to improve connectivity, water quality, and quality of life. These concepts are subject to further community outreach to confirm the best approach to serve all user groups.
ECONOMIC IMPACT ANALYSIS
To ensure that the Mid-Town Area Plan will aid in making development more feasible, an economic analysis has been done to compare the feasibility of commercial developments under current conditions and under those proposed by the Mid-Town Area Plan. It was found that changes under the Area Plan, primarily height, coverage, and parking, have the potential to increase the return on cost for commercial developments by 11% to 16%. The analysis concludes that development standard changes proposed by the Area Plan will have a positive impact on development feasibility. The full report is provided in attachment 10.
ENVIRONMENTAL ANALYSIS
Pursuant to the California Environmental Quality Act of 1970, Cal. Pub. Res. Code §21000 et seq., potential environmental impacts of the proposed MTAP have been evaluated in an Initial Study (IS). An IS is a preliminary environmental analysis that is used by the lead agency as a basis for determining whether an Environmental Impact Report (EIR), a Mitigated Negative Declaration (MND), or a Negative Declaration is required for a project under California Environmental Quality Act (CEQA) guidelines. This IS incorporates review and analysis from the TRPA 2012 Regional Plan Update ("RPU") Environmental Impact Statement; TRPA 2025 Connections 2050: Regional Transportation Plan and Sustainable Communities Strategy Initial Environmental Checklist and Mitigated Finding of No Significant Effect; and the City of South Lake Tahoe 2010 General Plan Environmental Impact Report (amendment for TVAP/TCAP).
This document also serves as an IEC/FONSE prepared pursuant to the requirements of Article VI of the Tahoe Regional Planning Agency (TRPA) Rules of Procedure and Chapter 3 of TRPA's Code of Ordinances. TRPA serves as lead agency pursuant to its own regulations.
The IS determined that there are no impacts, or all impacts are less than significant, and a Negative Declaration was prepared. The MTAP is designed to avoid environmental impacts through its project features and standards such as building design to maintain aesthetic appeal 499
City Council Agenda Report September 8, 2026 Page 9
and limitations on construction activity to prevent offensive noise. The encouraged development pattern of high-density housing near existing facilities and employment centers makes active transportation more practical, lowering vehicle miles traveled.
The IS determined that the Mid-Town Area Plan will have a less than significant impact on evacuation plans and emergency response. The City’s evacuation management procedures are informed primarily by the Lake Tahoe Regional Evacuation Plan (2024). Following the Caldor Fire this document was developed in collaboration with the Lake Tahoe Fire Chiefs Association, which consists of five counties across two states. The Mid-Town Area Plan does not propose any project or policy that would reduce the roadway capacity of evacuation routes. Other than during temporary construction, the plan would not impact these routes. Overall traffic improvements are expected to enhance circulation within the plan area, resulting in a net decrease in response times. The Area Plan is designed to encourage redevelopment, which is one of the most reliable wildfire mitigation strategies, as secondary to evacuation is sheltering in place. Sheltering in place reduces inundation of roads and allows for more efficient travel out of the affected area for those that are unable to shelter in place. Fewer vehicles on roadways also increase response time for first responders and reduce the chances of vehicle collisions that may draw further resources.
Because the Mid-Town Area Plan exists within the framework of TRPA’s Regional Plan and growth management system, it does not create new potential development. Rather, it allows for development to be distributed differently. The MTAP brings potential development to Town Centers, closer to existing roads, evacuation infrastructure, and fire services.
Staff will continue to independently evaluate each project that is proposed in the plan area for potentially significant environmental impacts.
The IS/ND was circulated from July 21, 2026, to August 19, 2026. Staff received two comment letters during this period, one from Caltrans and one from resident Kim DeYoung. Comments from Caltrans can be summarized by a desire to be updated as projects that interact with the Caltrans ROW progress, as well as comments reminding staff of when Caltrans encroachment permits are needed. The majority of comments from Kim DeYoung were regarding the accuracy of maps and the future of parcels that are part of the City and CTC land exchange. In response, staff clarified how mapping is done as provided further context around possibilities for the land exchange sites. There was one comment about height, so staff clarified steps in the review process intended to avoid negative scenic impacts from tall structures. This includes review of renderings from different vantage points and making TRPA findings.
The Final IS/ND is attachment 6, including responses to public comments and the draft document that was circulated.
PUBLIC NOTICE
A notice of the September 8, 2026, City Council public hearing was published in the Tahoe Daily Tribune on August 14 and August 28, 2026 (attachments 08 and 09).
FINANCIAL IMPLICATIONS
Possible financial impacts of adopting the Mid-Town Area Plan include an increase in property tax revenue should the plan result in redevelopment. Many of the implementation measures 500
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discussed will require further research and possibly consultant assistance. The cost of such activities will be considered by City Council as a unique action. Adoption of the Mid-Town Area Plan does not constitute a commitment to developing implementation measures within a specific timeframe.
POLICY IMPLICATIONS
The Mid-Town Area Plan is consistent with the following General Plan policies:
Policy LU-1.2 Smart Growth: The City shall implement Smart Growth principles to create walkable, mixed-use centers, compact and complete neighborhoods, and enhanced gateways and places. Smart Growth Principles include:
Creating a range of housing opportunities and choices Creating walkable neighborhoods
Encouraging community and stakeholder collaboration
Fostering distinctive, attractive communities with a strong sense of place Making development decisions predictable, fair, and cost-effective Providing a mix of land uses
Preserving open space, natural beauty, and critical environmental areas Providing a variety of transportation choices
Strengthening and directing development to existing communities Taking advantage of compact building design
Policy LU-2.2 Community Plan Preparation, Adoption, and Implementation: The City shall periodically update and implement the four Community Plans as a way to focus development commodities and revitalization efforts.
Policy LU-2.5 Bijou/Al Tahoe Community Plan Area: The City shall encourage the creation of a viable residential neighborhood with appropriate neighborhood amenities and compatible highquality family-oriented recreation and public facilities, including government offices.
Policy LU-2.8 Community Plan Incentives: The City shall provide permit streamlining, commodity increases, coverage increases, and other similar incentives to encourage the implementation of General Plan goals and policies.
Policy LU-5.3 Commercial Center Enhancement: The City shall encourage the upgrade and/or expansion of existing commercial centers, including improvements to parking and landscaping areas; redesigns to accommodate bicycle, pedestrians, and transit facilities; and remodeling to include "green" technology and improve energy efficiency.
Policy LU-8.14 Art in Public Places: The City shall promote art in public places such as pedestrian areas, tourist accommodation areas, social gathering places, and commercial shopping centers in conformance with a Cultural Arts Master Plan.
Policy LU-11.2 Equal Public Participation: The City shall ensure that all community residents have meaningful opportunities to participate in the decision-making process. 501
Resolution 2026-XYZ September 8, 2026 Page 1 of 3
Resolution 2026-XYZ
Adopted by the City of
South Lake Tahoe City
Council
September 8, 2026
Adopting the Mid-Town Area/Specific Plan Initial Study/Negative Declaration
BACKGROUND
A. Sections 65450-65457 of the California Government Code of the State of California allow cities to prepare specific plans (area plans) for systematic implementation of the general plan; and
B. Development of the Mid-Town Area Plan is Strategic Priority 1, Action Item 1.2 of the City's 2023-2028 Strategic Plan and completion of the Area Plan is Priority 4.7 of the City's 2025-2030 Strategic Plan; and C. The City solicited public input on the Mid-Town Area Plan/Specific Plan on 37 occasions in the form of public hearings (9), open houses (4), private stakeholder meetings (13), community events (3), community organization presentations (2), and meetings with partner agencies (6).
D. Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State' s CEQA Guidelines, and California Code of Regulations, Title 14, Section 15000 et seq., an Initial Study was conducted which determined that the Mid-Town Area Plan would have no impact on the environment, or all impacts are less than significant;
E. The City of South Lake Tahoe determined that there is no substantial evidence that the adoption of the Mid-Town Area Plan/Specific Plan would result in a significant adverse effect on the environment. Accordingly, the Initial Study/Negative Declaration is prepared in conjunction with the MidTown Area/Specific Plan.
F. The Initial Study/Negative Declaration was circulated for public comment from July 21, 2026, to August 19, 2026, and all comments received were acknowledged.
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Resolution 2026-XYZ September 8, 2026 Page 2 of 3
G. On August 20, 2026, the City of South Lake Tahoe Planning Commission conducted a public hearing and passed resolution 2026-011 by a 3 to 1 vote, recommending that the City Council adopt the Mid-Town Area/Specific Plan Initial Study/Negative Declaration.
H. A notice of the September 8, 2026, City Council public hearing was published in the Tahoe Daily Tribune on August 14 and August 28, 2026.
I. The City of South Lake Tahoe City Council conducted a public hearing, received public comments, considered evidence in the record, and deliberated.
J. The City Council has reviewed the proposed Area Plan and the Initial Study/Negative Declaration and found the project to be consistent with the City General Plan.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT
RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Finds the foregoing recitals are true and correct and made part of this resolution.
2. Finds in the exercise of its independent judgement, having considered and reviewed the Initial Study/Negative Declaration and the administrative record for the Project, including all comments received, the City Council finds that, in accordance with CEQA Guidelines Section 15074, the Initial Study/Negative Declaration has been completed in compliance with the requirements of CEQA, that the Initial Study/Negative Declaration reflects the City’s independent judgment, and further finds that there is no substantial evidence that the Project will have a significant effect on the environment.
3. Adopts the Initial Study/Negative Declaration prepared for the Project, and based on the record, as a whole, finds that the proposed Mid-Town Area Plan will have no impact, or impacts are found to be less than significant.
4. Finds that the Mid-Town Area Plan as a whole is consistent with the goals, programs and policies of the General Plan, specifically those outlined in the staff report.
5. Adopts the Mid-Town Area/Specific Plan Initial Study/Negative Declaration.
6. Directs staff to file a Notice of Determination in accordance with 503
Resolution 2026-XYZ September 8, 2026 Page 3 of 3
Section 15075(a) of the CEQA Guidelines. The Development Services Department shall be the custodian of the documents or other materials that constitute the record of proceedings upon the City Council’s decision is based and can be found at 1052 Tata Lane, South Lake Tahoe, CA 96150.
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/
/
/
/
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Adopted by the City of South Lake Tahoe City Council on September 8, 2026, by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Keith Roberts, Mayor Pro Tem
Attest:
_____________________________
Sue Blankenship, City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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Resolution 2026-XYZ September 8, 2026 Page 1 of 3
Resolution 2026-XYZ
Adopted by the City of
South Lake Tahoe City
Council
September 8, 2026
Adopting the Mid-Town Area/Specific Plan
BACKGROUND
A. Sections 65450-65457 of the California Government Code of the State of California allow cities to prepare specific plans (area plans) for systematic implementation of the general plan; and
B. Chapter 13 of the Tahoe Regional Planning Agency (TRPA) Code of Ordinances allows local jurisdictions to adopt area plans; and C. Development of the Mid-Town Area Plan is Strategic Priority 1, Action Item 1.2 of the City's 2023-2028 Strategic Plan and completion of the Area Plan is Priority 4.7 of the City's 2025-2030 Strategic Plan; and D. On April 29, 2024, the City of South Lake Tahoe issued a notice of intent to TRPA to create the Mid-Town Area Plan/Specific Plan; and E. The City solicited public input on the Mid-Town Area Plan/Specific Plan on 37 occasions in the form of public hearings (9), open houses (4), private stakeholder meetings (13), community events (3), community organization presentations (2), and meetings with partner agencies (6).
F. The adoption of the Mid-Town Area Plan/Specific Plan is consistent with City’s General Plan, Housing Element, and TRPA’s Regional Plan; and G. Per Government Code Section 65453 et seq., on August 20, 2026, the City of South Lake Tahoe Planning Commission conducted a public hearing and passed resolution 2026-011 by a 3 to 1 vote, recommending that the City Council adopt the Mid-Town Area/Specific Plan and Initial Study/Negative Declaration.
H. A notice of the September 8, 2026, City Council public hearing was published in the Tahoe Daily Tribune on August 14 and August 28, 505
Resolution 2026-XYZ September 8, 2026 Page 2 of 3
2026.
I. The City of South Lake Tahoe City Council conducted a public hearing, received public comments, considered evidence in the record, and deliberated.
J. The City Council has reviewed the proposed Mid-Town Area Plan and found the project to be consistent with the City General Plan.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT
RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Finds the foregoing recitals are true and correct and made part of this resolution.
2. Finds that the Mid-Town Area Plan as a whole is consistent with the goals, programs and policies of the General Plan, specifically those outlined in the staff report, and shall align development of the MidTown region with City intentions, TRPA Code, and recently adopted California law.
3. Finds that the City of South Lake Tahoe has complied with all prerequisites for adoption of the Mid-Town Area/Specific Plan, including but not limited to under the California Environmental Qality Act and State Planning and Zoning Law.
4. Adopts the Mid-Town Area/Specific Plan.
5. The Development Services Department is the custodian of the documents or other materials that constitute the record of proceedings upon the City Council’s decision is based and can be found at 1052 Tata Lane, South Lake Tahoe, CA 96150.
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Resolution 2026-XYZ September 8, 2026 Page 3 of 3
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Adopted by the City of South Lake Tahoe City Council on September 8, 2026, by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Keith Roberts, Mayor Pro Tem
Attest:
_____________________________
Sue Blankenship, City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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maťóšawhu
wá∙ťa (Whitefish
River)
Ɂímgi wá∙ťa (Big Fish/Cut Throat
Trout
River)
dáɁaw
(Lake Tahoe)
AL TAHOE BLVD
JOH
N
S
O
N
B
LV
D
PIONEER TR
US ROUTE 50
Vantor
Figure 18: Mid-Town Districts with Town Center Overlay
City of South Lake Tahoe Mid-Town Area Plan ¯
0 550 1,100 2,200
Feet
Legend
City of South Lake Tahoe
Boundary
Mid-Town Area Plan Boundary
Town Center Overlay
Parcels
Reference Points
Major Roads
Streets
Wá∙šiw (Washoe) Place Names
District Name
Al Tahoe Center
Bijou Recreation District
Harrison/Sandy District
Lake Tahoe Community College
Public Service Center
Tahoe Sierra Business District
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1 Mid-Town Area Plan Outreach Summary
MEETING/EVENT DATE TARGETED POPULATION LOCATION OBJECTIVE/TAKEAWAYS Bijou Stakeholder
Charette
August 19 & 20,
2024
Individuals representing user groups of Bijou Community Park met to discuss and design alternative layouts and use options for the park.
Participants included Boys’ and Girls’ Club, Tahoe Area Mountain Biking Association, South Tahoe Disc Golf Association, South Tahoe Parks Foundation, skate park users, and members from the Parks and Recreation Commission’s Mid-Town Subcommittee.
CSLT
Recreation
Center
• Needs additional parking.
• Uses are disjointed.
• Lacking accessible features.
• Potential for clubhouse relocation.
• Desire for year-round activities.
CSLT Parks and
Recreation
Commission
August 21,
2024
This was an opportunity for the public and Parks and Recreation Commission to hear from staff regarding feedback received thus far on Bijou Park, Bijou golf course, and LTCC to address events, parking, and best uses in balance with open space and natural stream environment zones. The alternative design scenarios from the Bijou Stakeholder Charette were discussed, as well as alternative locations for golf course operations and club house.
City Council
Chambers
• General support of the concepts
shown in diagrams.
• Emphasized the need for
accessible/inclusive features.
• New location needed for parks
maintenance facility.
• Diagrams shown in Appendix A.
Lake Tahoe
Collaborative
September 9,
2024
Social Service providers in South Lake Tahoe: El Dorado County (Behavioral Health & Health and Human Services), Live Violence Free, Tahoe Coalition for the Homeless, Advance, Barton, St. Joseph Community Land Trust, Boys’ and Girls’ Club, Lake Tahoe Unified School District, and others.
South Lake
Tahoe Library
• Emphasis on the importance of
implementation.
• Safety of children navigating the area.
• Parking availability needs to keep
pace with 56-acres improvements
and access to beaches.
Lake Tahoe
Community College
Coyote Kickoff
September 13,
2024
City staff was present at LTCC’s fall orientation to introduce students and their families to the Mid-Town Area Plan.
Lake Tahoe
Community
College
Awareness, build public interest
509
2 CSLT Multicultural
Celebration
September 14,
2024
City staff was present at the City’s Multicultural Celebration to introduce community members to the Mid-Town Area Plan.
Bijou
Community
Park
Awareness, build public interest
State of the City September 17,
2024
Staff was present at the State of the City address to inform attendees about the plan and process. Tahoe Beach
Retreat Awareness, build public interest
Open House 1 September 25,
2024
This was a public event that taught attendees what area plans are, provided existing conditions of the plan area, and allowed participants to provide feedback on their priorities and concerns for the area.
Approximately 90 individuals attended.
SLT Senior
Center
• Potential for high-density residential
and mixed use throughout the plan
area, and specifically the Tahoe
Center.
• People appreciate the area’s
convenience to local shops and
services, ability to walk and bike most
places, the small-town charm.
• See Appendix B.
Open House 2 October 2,
2024
This open house was intended to reach South Lake Tahoe’s Latino population who speak Spanish as their primary language. Topics included an introduction to area plans and their roles; group discussions on priority topics; and a written feedback activity. There were 8 attendees.
Family
Resource
Center
• Concerns about unaffordable
commercial spaces.
• More affordable housing for large
families with more parking.
• Concern over pedestrian/scooter
conflicts.
• Rec uses need to be activated at all
times of the day and accommodate
all ages/abilities.
• See Appendix C.
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3 Stakeholder Land Use
Charette
October 22 &
23, 2024
Approximately 25 stakeholders who had previously participated were invited to explore alternative scenarios and potential trade-offs for MidTown. Participants were given tokens representing different land uses and were free to “develop” key areas as they saw fit.
CSLT
Recreation
Center
• Identified need for mixed-use with
residential components.
• Strong support for shared parking
facilities.
• Desire for more flexibility in allowed
commercial uses.
CSLT Arts, Culture,
and Tourism
Commission
November 12,
2024
The Arts, Culture, and Tourism (ACT) Commission held a discussion on how the plan can support public art to highlight education, culture, conservation, and appreciation.
City Council
Chambers
• Should highlight native species,
Washoe culture, local artists, and the
community's connection to the City
of Ameca.
• Art should inspire and have a lasting
impression on viewers.
Open House 3 November 13,
2024
The third public open house in the outreach process was focused on strategies for implementation. Draft policies were presented for which participants could indicate their opinion (support, neutral, oppose).
There were 15 participants.
South Lake
Tahoe Library
• Overall support for redevelopment
and mixed-use.
• Support local businesses.
• Create more opportunities for
events/markets/fairs, third places.
• Support for concentration of City
services in 56-acres site but need a
plan for vacated sites.
• Strong support for improved bicycle
connectivity.
Focused Stakeholder
Meetings
August –
November,
2024
In addition to the two stakeholder charettes as noted above, fourteen (14) stakeholder meetings have been held to discuss specific elements of the plan, such as recreation; housing; pedestrian and bicycle infrastructure; commercial development and business health; and arts and culture. Many meetings included a mix of individuals representing Various
locations and
virtual
See Appendix B.
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4 different community organizations, while one on one meetings were held with specific stakeholders: Lake Tahoe Community College, El Dorado County, South Tahoe Public Utility District, Bicycle Advisory Commission, and the Lake Tahoe Historical Society.
Transforming
Neighborhoods:
National Association
of Realtors’
Consulting Corps
July 2024
The Counselors of Real Estate Consulting Corps conducted a site visit and met with stakeholders independently of the City’s outreach process.
They created a report of analysis and recommendations for economic development and redevelopment strategies.
Various
locations,
South Tahoe
Association of
Realtors
See Appendix D.
Lake Tahoe Business
Walk October 2024
City staff participated in the Tahoe Chamber’s South Shore Business Walk with other Tahoe Chamber representatives to conduct door to door outreach to local businesses. Survey questions were presented and discussed to gauge the health and needs of businesses and business owners.
Various
locations
See Appendix E – note that results are
from businesses across the Tahoe
Basin.
Open House 4 April 8, 2025
At the final open house for the Mid-Town Area Plan participants reviewed some of the plan’s content, such as specific goals for different areas and newly proposed bicycle and pedestrian improvements. The plan’s vision statement and guiding principles were vetted by participants to ensure they reflect an accurate, shared community vision. There were 17 participants.
SLT Senior
Center
Participants showed strong support for
the vision statement and the many
new connectivity improvements
proposed. Emphasis was placed on
the importance of year-round
recreation opportunities.
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513
LEGEND
Concept A | BIJOU COMMUNITY PARK
DISC GOLF
FLEXIBLE
LAWN SKATE
PARK
BIKE PARK
KIDS’
ADVENTURE
PLAY
VOLLEYBALL
PICKLEBALL
DOG PARK
PLAZA STORMWATER
PRIVATE PROPERTY
FLEXIBLE LAWN
RR +
CONC.
P
P
P
EXPANDED PARKING
PARK BOUNDARY
RESTROOM AND CONCESSIONS
Updated restrooms
Operational concession stand (snacks,
drinks, helmet rentals, etc.)
FLEXIBLE LAWN AREA
Community events and markets
Rental space
Pick-up and informal field sports
Amphitheater/sled hill
SAND VOLLEYBALL
DISC GOLF
PICKLEBALL
12 courts
DOG PARK
BIKE PARK STORMWATER MANAGEMENT BASIN
EXPANDED SKATE PARK
PAVILIONS
KIDS’ ADVENTURE PLAY
Inclusive playground equipment
Nature play
Bouldering/climbing features
Splash pad
ENTRY PLAZA
PROPOSED CLASS I TRAIL
Explore additional accessibility and connectivity
improvements throughout the park
PARKING AND CIRCULATION
175% increase in parking spaces
Realign access road for continuous disc golf
play area
0 60 120 240 November 2024
CEMETERY
AL TAHOE BLVD.
JOHNSON BLVD.
LAKE TAHOE
COMMUNITY
COLLEGE
LTCC
MULTI-USE
FIELDS →
SOUTH LAKE TAHOE POLICE
Class 1B (SEZ)
Class 7
TO GREENWAY
PARK
FACILITIES
PARK FACILITIES
Park office
Park maintenance area
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Concept B | BIJOU COMMUNITY PARK
DISC GOLF
DOG
PARK
SKATE
PARK
BIKE
PARK
KIDS’
ADVENTURE
PLAY
FLEXIBLE
LAWN
FLEXIBLE
LAWN
VOLLEYBALL
RR +
CONC.
PICKLEBALL
PARKING
CLUBHOUSE
CEMETERY
P
P P
PLAZA FLEXIBLE LAWN
EXPANDED PARKING
0 60 120 240 November 2024
PARK
BOUNDARY
FLEXIBLE LAWN AREA
Community events and markets
Rental space
Pick-up and informal field sports
Amphitheater/sled hill
SAND VOLLEYBALL
DISC GOLF
PICKLEBALL
16 courts
DOG PARK
STORMWATER MANAGEMENT BASIN
CLUBHOUSE
Starter shack, golf and disc golf
Park offices
Nordic ski/warming hut
Food service/retail
Winter rentals
GOLF FACILITIES
Reroute of existing golf holes
Golf practice: putting and chipping, driving net
Park maintenance area
PARK
MAINT.
GOLF
PRACTICE
HOLE 1
HOLE 9
AL TAHOE BLVD.
JOHNSON BLVD.
LAKE TAHOE
COMMUNITY
COLLEGE
LTCC
MULTI-USE
FIELDS →
SOUTH LAKE TAHOE POLICE
Class 1B (SEZ)
Class 7
P
STORMWATER
TO GREENWAY
LEGEND
ENTRY PLAZA
KIDS’ ADVENTURE PLAY
Inclusive playground equipment
Nature play
Bouldering/climbing features
Splash pad
BIKE PARK
EXPANDED SKATE PARK
PAVILIONS
RESTROOM AND CONCESSIONS
Updated restrooms
Operational concession stand (snacks,
drinks, helmet rentals, etc.)
PARKING AND CIRCULATION
Reconfigure parking, additional parking
Realign access road for continuous disc golf
play area
PROPOSED CLASS I TRAIL
Explore additional accessibility and connectivity
improvements throughout the park
CONNECTION TO CLUBHOUSE
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Enlargement: Clubhouse at Marlette | BIJOU GOLF COURSE 0 20 40 80 September 2024 1 3
4 9
JOHNSON BLVD. MARLETTE CIR.
PUTTING PRACTICE GREEN
EXISTING FAIRWAYS REUSED
EXISTING FAIRWAYS TO REMAIN
DRIVING RANGE SIMULATOR
PARKING | 22 spaces
LEGEND
1 HOLE NUMBER
MAINTENANCE YARD AND
EQUIPMENT STORAGE
PRACTICE
PUTTING
GREEN
DRIVING
RANGE
SIMULATOR
EQUIPMENT
STORAGE +
MAINTENANCE
YARD
PARKING
PARK BOUNDARY
PARK BOUNDARY
CLUBHOUSE
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MEMORANDUM
To: Anna Kashuba and John Hitchcock, City of South Lake Tahoe From: Design Workshop
Date: 10/10/2024
Project Name: CSLT Mid-Town Area Plan
Project #: 7310
Subject: Stakeholder Focus Groups and Open House Summary Copy To: N/A
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Landscape Architecture
Planning
Urban Design
Strategic Services
Environmental Graphic Design
PO Box 5666 / 128 Market Street
Suite 3E
Stateline, Nevada 89449
775.588.5929
designworkshop.com
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Mid-Town Area Plan Open House
Family Resource Center
October 2, 2024. 5:30 – 7:00 PM
Housing
The need for affordable housing was a recurring theme throughout the evening. Housing should consider proximity to resources and amenities. More affordable options are needed for larger households, which also require more parking.
Transportation
Many sentiments heard in prior outreach regarding transportation were echoed, such as the need for additional bike path space and stronger enforcement of speed to avoid pedestrian and bike/scooter conflicts. While the value of Lake Link was recognized, individuals felt there is a stronger need to increase fixed route bus services. A comment was received that more consideration should be made when placing bus stops, as many are not used nor in convenient locations. More parking is needed at Lakeview Commons and Bijou Community Park.
Recreation
The group supported the idea of expanding parks as well as adding new multi-use areas surrounding the Multigenerational Aquatics and Recreation Center. Parks should include features for those of all ages as well as activities and improvements to active the space at different times of day (lighting).
There was strong support to develop additional rental spaces for private events and the need for low or no cost winter gathering spaces was identified.
Land Use
The idea of mixed-use/live-work opportunities was supported, with an emphasis on commercial spaces that are more affordable for local small businesses. 524
525
Spurring Redevelopment
in the Mid-Town Area
CRE CONSULTING CORPS RECOMMENDATIONS
TO CITY OF SOUTH LAKE TAHOE
OCTOBER 2024
®
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SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE Table of Contents
Executive Summary....................................................................................................................................................4 Introduction.................................................................................................................................................................6 Statement of Problem.............................................................................................................................................8 CRE® Consulting Corps Team Process...............................................................................................................8 Site Opportunities and Planning Process ................................................................................................................9 The 56 Acre Public Center...................................................................................................................................11 Redevelopment of the Mid-District Shopping Center Site .............................................................................11 Reinvestment in the Bijou Community Park and Golf Course ......................................................................12 Amortization of the “Tail” ..................................................................................................................................13 Other Strategies of Interest..................................................................................................................................14 Affordable Housing and Development Process ...................................................................................................16 Affordable Housing Supply................................................................................................................................17 Development Approval and Entitlement Process ...........................................................................................19 Innovative and Flexible Housing Solutions ..........................................................................................................20 Explore Temporary, Modular, and Manufactured Housing Options...........................................................20 Promote Vertical Mixed-Use Development......................................................................................................23 Encourage Adaptive Reuse of Commercial Spaces .........................................................................................26 Develop Incentives to Deploy Affordable Accessory Dwelling Units ..........................................................30 Implement an Inverse Short Term Rental Program.........................................................................................33 Comprehensive Data Collection and Analysis for Decision-Making................................................................37 Conduct Regular Housing Needs Assessments...............................................................................................37 Deploy Integrated Data Platforms .....................................................................................................................39 Implement Real-Time Monitoring Systems......................................................................................................42 Increase Community Engagement.....................................................................................................................44 Conclusion.............................................................................................................................................................47 Public and Private Financing ..................................................................................................................................49 Infrastructure Financing Sources .......................................................................................................................49 Vertical Construction/Redevelopment Financing Sources .............................................................................50 528
SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE Incentives...............................................................................................................................................................52 Intentional Economic Development.......................................................................................................................53 Overarching Challenges Facing South Lake Tahoe .........................................................................................53
1. Affordable Housing Crisis ..........................................................................................................................53
2. Environmental Preservation.......................................................................................................................54
4. Wildfire Risk.................................................................................................................................................54
5. Infrastructure and Traffic Congestion.......................................................................................................54
6. Social and Economic Inequality .................................................................................................................55
7. Health and Social Services ..........................................................................................................................55
8. Climate Change ............................................................................................................................................55 Foundation for Intentional and Resilient Economic Development...............................................................55 Significance of Intentional and Resilient Economic Development................................................................57 Core Principles of Intentional and Resilient Economic Development..........................................................58 Intentional Economic Development in South Lake Tahoe .............................................................................60
1. Diversification of the Economy..................................................................................................................60
2. Affordable Housing Development ............................................................................................................60
3. Workforce Development.............................................................................................................................61
4. Environmental Sustainability.....................................................................................................................61
5. Infrastructure Improvements .....................................................................................................................62
6. Community Engagement and Planning ...................................................................................................62 Incorporating Resilience as an Investment .......................................................................................................63 Nexus of Economic Development and Affordable Housing..........................................................................63 Affordable Housing in Ski Resort Towns—Solutions.....................................................................................65 Conclusion.................................................................................................................................................................67 Appendix I - June 2024 Single Family Sales Market Analysis ............................................................................69 Appendix II - June 2024 Condo/Townhome Market Analysis ...........................................................................70 Appendix III - Leading Practices Research ...........................................................................................................71 Examples of Economic Development in Ski Resort Towns ............................................................................71
1. Whistler, British Columbia, Canada..........................................................................................................72
2. Park City, Utah, USA...................................................................................................................................72 529
SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE
3. Aspen, Colorado, USA ................................................................................................................................73
4. Jackson Hole, Wyoming, USA....................................................................................................................73
5. Zermatt, Switzerland...................................................................................................................................74 Examples of Economic Diversification in Ski Resort Towns ..........................................................................74
1. Park City, Utah, USA...................................................................................................................................75
2. Aspen, Colorado, USA ................................................................................................................................75
3. Whistler, British Columbia, Canada..........................................................................................................75
4. Stowe, Vermont, USA..................................................................................................................................76
5. Jackson Hole, Wyoming, USA....................................................................................................................76
6. Zermatt, Switzerland...................................................................................................................................76 Examples of Affordable Housing Approaches in Ski Resort Towns ............................................................77
1. Whistler, British Columbia, Canada..........................................................................................................77
2. Aspen, Colorado, USA ................................................................................................................................77
3. Jackson Hole, Wyoming, USA....................................................................................................................78
4. Park City, Utah, USA...................................................................................................................................78
5. Mammoth Lakes, California, USA.............................................................................................................79 Appendix IV - Economic Data Overview..............................................................................................................80 Appendix V - Acknowledgements .........................................................................................................................81 Appendix VI—The Counselors of Real Estate......................................................................................................82 Appendix VII - The CRE® Consulting Corps Team ............................................................................................83 530
SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE 4 Executive Summary
Executive Summary
The City of South Lake Tahoe is in the enviable situation of being a desirable community in the beautiful Sierras on the shore of Lake Tahoe. An attractive destination, the economy is largely dependent on tourism and recreation. The community faces the challenges of many mountain resort communities, in particular a need for housing attainable for local workers and amenities for year-round residents, in addition to vulnerability to economic fluctuations. The challenge of meeting these needs is complicated not only by the tourist-oriented marketplace but also by the development regulations in place to protect the environment.
The City of South Lake Tahoe has made meaningful steps to address these needs through public investments including Lakeview Commons Beach and Harrison Avenue projects, support for a number of housing developments, and the 56-acre project. Construction is currently underway to implement the 56-acre master plan and create a signature recreation and civic space in the center of South Lake Tahoe across from Lakeview Commons Beach. To build on these investments, update the 1995 local area plan, and spur increased investment, the City of South Lake Tahoe has embarked on development of a new Mid-Town Area Plan.
The Counselors of Real Estate® Consulting Corps was asked to examine underutilized commercial sites within the Mid-Town Area, offer strategic real estate guidance to spur redevelopment, consistent with community priorities and the goals of the Mid-Town Area Plan, and propose actionable solutions that could be incorporated into the Mid-Town Area Plan. In addition, the city requested that The Counselors of Real Estate (CRE) Consulting Corps offer economic development advice, both pertaining to the MidTown area and to the city more broadly.
Through the Transforming Neighborhoods initiative, the South Tahoe Association of REALTORS® introduced The Counselors of Real Estate to the City of South Lake Tahoe. The CRE Consulting Corps team visited South Lake Tahoe in August 2024 and met with more than 30 stakeholders, including elected officials, city staff, business and nonprofit leaders, employers, social service agencies, environmental organizations, and others. The team reviewed existing plans and studies, analyzed market data, and provided recommended actions.
The CRE team sees a great opportunity to focus the use of public lands in the Mid-Town area for the benefit of local residents as well as the de-emphasis of serving visitors. There are four areas within the boundary that present particular opportunities:
• 56-Acre Public Center.
• Redevelopment of the shopping Center Site.
• Reinvestment in Bijou Community Park & Golf Course.
• Amortize the “Tail.”
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SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE 5 Executive Summary
Addressing needed housing that will meet the needs of local workers is a clear priority. Following are recommendations to help tackle housing needs.
• Improve, clarify, and simplify the development process is one needed approach to help create housing options that meet local needs.
o A valuable tool would be a coordinated Master Checklist to include City, TRPA, and County requirements.
o Incorporate planning goals as well as regulatory requirements. o Provide clear information about process and fees.
• Explore innovative and flexible housing solutions, including:
o temporary and modular housing
o vertical mixed-use developments
o adaptive reuse of commercial spaces
o accessory dwelling units
o an Inverse short term rental program.
• Implement a comprehensive data collection and analysis system. By prioritizing regular needs assessments, integrated data platforms, real-time monitoring, and community engagement, the City can build a data-driven approach to urban planning that is both responsive and sustainable. • Consider innovative financial tools, structures, and incentives to support redevelopment and new construction.
South Lake Tahoe faces challenges including an affordable housing crisis, environmental preservation concerns, tourism dependency, wildfire risk, infrastructure and traffic congestion, social and economic inequality, limited health and social services, and climate change impacts. Economic development can play a vital role in addressing these challenges by diversifying the economy, supporting affordable housing development, enhancing workforce development, promoting environmental sustainability, improving infrastructure, and fostering community engagement. Collaboration among various sectors and stakeholders is crucial for implementing effective solutions. Case studies from other successful ski resort towns highlight best practices in areas such as land use, economic diversification, and community engagement, offering valuable insights for South Lake Tahoe's path towards sustainable and resilient economic growth.
The action steps and recommendations detailed in this report will require focus, collaboration, and participation by a broad set of community stakeholders. An active, coordinated effort, supported by broad involvement, will be beneficial to all parties and provide the housing options and services needed to benefit the South Lake Tahoe community.
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SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE 6 Introduction
Introduction
Lake Tahoe has long been a premier destination for visitors from around the world and also has drawn residents who desire to live in a resort mountain community close to outdoor recreation. The City of South Lake Tahoe, California, situated at the south end of the lake adjacent to the Nevada state line, has a population of approximately 21,330 (2020 Census). It lies within El Dorado County, which has a population of about 191,185 (2020 Census). The population swells dramatically with the influx of visitors both in winter and summer, and housing costs have increased, becoming out-of-reach in particular for many year-round residents who work at local jobs.
Local growth and development decisions are managed not only by the City of South Lake Tahoe but also by the Tahoe Regional Planning Agency. A unique bistate entity, the Tahoe Regional Planning Agency (TRPA), oversees land use and planning throughout the Lake Tahoe basin. Created in 1969, TRPA “is governed under the Compact enacted by the states of California and Nevada, affirmed by the United States Congress, and then signed by the states’ governors and the President of the United States.”1In addition to a governing board, an Advisory Planning Commission assists with technical and scientific issues, bringing together water quality, natural resource, planning staff, community members, and other experts. Metrics tracked include water quality, air quality, soil conservation, vegetation, fisheries, wildlife, scenic quality, recreation, and noise.
As stated in TRPA’s 2014 Strategic Plan, TRPA’s “vision is for a Lake environment that is sustainable, healthy, and safe for the community and future generations.” Its “mission is to cooperatively lead the effort to preserve, restore, and enhance the unique natural and human environment of the Lake Tahoe Region, while improving local communities, and people’s interactions with our irreplaceable environment.” It is not the intent of The Counselors of Real Estate to evaluate TRPA’s role or to express opinions about the oversight nor to assess the interaction between TRPA and local requirements and processes.
TRPA is directed by the Compact to “establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities,” (Compact Article I(b)) and to “ensure an equilibrium between the Region’s natural endowment and its manmade environment.”2
1 Strategic Direction - 2020 and Beyond - Tahoe Regional Planning Agency, November 2020. https://www.trpa.gov/wpcontent/uploads/documents/archive/Agenda-Item-No.-VII.A-TRPA-Strategic_Plan_2020.pdf 2 Tahoe Regional Planning Agency Strategic Plan, June 2014, p3. https://www.trpa.gov/wpcontent/uploads/documents/archive/Strategic_Plan_2014_June2014_Final_rev1-21-15.pdf 533
SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE 7 Introduction
The City of South Lake Tahoe is undertaking development of the Mid-Town Area Plan to guide future land uses and development to meet the needs of residents, businesses, visitors, and the environment. This will update the 1995 Bijou/Al Tahoe Community Plan which was consistent with the city’s 1988 General Plan and the 1987 TRPA Regional Plan. Since that time, the city has updated its General Plan twice (1999 and 2011), and the TRPA Regional Plan was updated in 2012. Since 2011, the city has been working to update and replace outdated community plans with area plans consistent with the 2012 TRPA Regional Plan. The Tourist Core Area Plan was adopted in 2013, and the Tahoe Valley Area Plan was adopted in 2015.
The TRPA Code of Ordinances allows local jurisdictions to develop and adopt area plans that implement the TRPA Regional Plan, reflect a local community vision, and streamline the development permitting process.
The Mid-Town Area Plan will encompass land included in the current Bijou/Al Tahoe Area Plan as well as additional surrounding commercial and recreation land. Area Plans allow the city and counties in the Lake Tahoe Basin to implement the TRPA Regional Plan policies with greater flexibility and at the community scale. These plans are intended to reflect the community’s vision for its future and are created with community members and stakeholder involvement.
The City’s General Plan directs changes to this area to incorporate more opportunities for mixed use and higher density residential development to provide much needed housing in the community and more economic development possibilities associated with year-round population in the area. These new land use opportunities would be developed to complement the vision of the 56-acre Master Plan. The 56-acre Master Plan, adopted in 2022, builds upon the success of the Lakeview Commons and Harrison Avenue projects to create a signature civic and recreational park in the center of the South Lake Tahoe community and within the Mid-Town area to further transform the Mid-Town area into a recreation, arts, and community hub. The 56-acre Master Plan focuses on recreational and civic needs, the creation of meaningful world-class facilities and public open space, environmental stainability, cultural preservation, water quality, traffic mitigation, aesthetic improvements, and habitat preservation. With the recent adoption of the 56-Acre Master Plan and the current construction of a new recreation/ swim center, the opportunities for recreation in this area will continue to improve.
The Mid-Town area is the heart of South Lake Tahoe, with the most scenic views of Lake Tahoe in the City and is a central hub between other local and visitor destinations in the Tahoe Valley and the Tourist Core/Heavenly Village areas. The Mid-Town area includes several commercially focused areas that are popular resident and visitor amenities. The Mid-Town area also contains many opportunities for recreation featuring Bijou Park (bike park, skate park, dog park, disc golf, and picnicking), Bijou Golf Course, South Lake Tahoe Recreation and Swim Complex, South Lake Tahoe Ice Arena, South Lake Tahoe Campground, several multi-use sports fields, and a launch point for boating, paddleboarding, and 534
SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE 8 Introduction
swimming at Regan Beach and Lakeview Commons. Civic and education uses within the Mid-Town area include the Lake Tahoe Community College, South Tahoe Middle School, El Dorado County Library, US Forest Service office, and US Post office. Unfortunately, the area also has a number of properties which are vacant or underutilized.
In 2024, the city is conducting extensive community outreach and engagement to develop goals, policies and implementation priorities to revitalize the Mid- Town area. Once approved by the City and Tahoe Regional Planning Agency, the Mid-Town Area Plan would provide guidance for all future redevelopment and development opportunities and would identify infrastructure needs to support the future vision of the Mid-Town area.
Statement of Problem
The Mid-Town area contains several properties that have remained vacant or underused for over 120 days. These sites represent wasted potential for business opportunities, contribute to a dismal visual appeal that deters investors, residents and visitors, and in some cases, present unsafe and blighted conditions. Redeveloping these sites offers an opportunity to bring in new businesses and potentially housing units, advancing City planning goals and enhancing the overall quality of life for residents. The City of South Lake Tahoe and the South Tahoe Association of REALTORS® requested the expertise and recommendations of the CRE Consulting Corps to identify strategies for attracting and facilitating redevelopment of these underutilized properties consistent with community goals and provide advice that may spur revitalization, including area-wide economic development recommendations.
CRE® Consulting Corps Team Process
Through its Transforming Neighborhoods Program, the National Association of REALTORS® is collaborating with The Counselors of Real Estate’s Consulting Corps to deliver strategic real estate problem-solving to select projects. NAR issued a call for applications and submitted those received for review by the CRE Consulting Corps. The South Lake Tahoe project, submitted by the South Tahoe Association of REALTORS®, in conjunction with the City of South Lake Tahoe, was selected.
The CRE Consulting Corps team visited South Lake Tahoe in August 2024. The team reviewed applicable plans and studies pertaining to the area, toured the neighborhood, and interviewed more than 35 individuals. Stakeholder meetings included city elected leaders and staff, business and industry representatives, local Realtors®, and other stakeholders. The team formulated their recommendations and presented them to South Lake Tahoe city staff at the end of their week onsite. 535
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Site Opportunities and Planning Process
There is a great opportunity to focus the use of public lands in the Mid-Town area for the benefit of local residents and to deemphasize visitor services and amenities. The now-under-construction community recreation center, located at the north end of the Mid-Town plan area, represents new investment and a fresh commitment to the use of public lands in the Mid-Town area for the benefit of local residents.
Resident-serving land uses in the Mid-Town area will likely balance the historic emphasis of public and private investment on visitor serving commercial and recreational uses near the state line visitor area (heavily gaming, skiing and hospitality uses) and the commercial center located south near the intersection of US 50 and US 89. The Mid-Town plan area is also significantly influenced by the presence of existing and future open space, used to maintain and manage the water quality in Lake Tahoe. As a consequence of the geography of the area, the alignment of US 50 along the southern lake shore and the location and scale of estuary areas, the Mid-Town plan area is irregularly-shaped, mostly in a north-south orientation, but with a portion of highway-fronting lands located to the south, and severed from the balance of the plan area by other residential neighborhoods creating what we will refer to later as “the Tail.”
The new Recreation and Aquatic Center plays a significant role in our evaluation of the Mid-Town plan area opportunities. It is located prominently at the curve of US 50 as it meets the shoreline of Lake Tahoe and turns east towards the balance of the community and visitor and gaming area at the state line. Now under construction, this $65 million public investment is one of the largest recent public investments by the City of South Lake Tahoe, with completion anticipated in late 2025 or early 2026. The new recreation center strengthens the public recreational land uses already within the Mid-Town plan area, including several public uses of facilities (city, county and state), a transient publicly-owned campground (Campground by the Lake), South Tahoe Middle School and offices of the local school district, the Bijou Golf Course and Meadow, the Bijou Community Park, and the Lake Tahoe Community College. We informally estimate that within the Mid-Town plan area, some two-thirds of the land area is either in public ownership and use, or is otherwise dedicated to continuing preservation and conservation uses.
Also notable is the exclusion of the Bijou residential neighborhood area, effectively the “doughnut hole” in the northern portion of the plan area. As such, there is only limited ability to rely upon traditional private property ownership and redevelopment activities to stimulate and drive neighborhood revitalization and renewal; public investment in the area will be central to any revitalization efforts.
The exception to the heavy concentration of public ownership of lands in the plan area is located middistrict, in the southeast quadrant of the intersection of US 50 and Al Tahoe Boulevard, where there is a community shopping center site. Like many community shopping centers today, this shopping center is showing signs of clear distress, having lost its grocery anchor. While apparently owned by separate owners of different parcels, the shopping center site represents one of the only sites of sufficient size to attract developer interest and a site that would permit a variety of styles of mixed-use development. Not 536
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surprisingly, to the extent that affordable residential housing is most effectively accomplished through mid-rise, attached construction, this is the obvious site for such an alternative. 537
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Our reconnaissance and inquiries suggest that there are four areas within the plan area that deserve special attention and represent an opportunity to fulfil the plan area’s objective of being “community focused” and meeting the needs and activities of local residents (versus visitors):
• The 56 Acre Public Center
• Redevelopment of the mid-district Shopping Center site • Reinvestment in the Bijou Community Park and Golf Course • Amortization of the “Tail”
The 56 Acre Public Center
Located at the north end of the plan area, and representing the “corner” in which US 50 turns from northsouth to east-west along the shore of Lake Tahoe, this approximately 56 acre site is serving as the site of the new Recreation and Aquatic Center, as well as serving as the site for other existing public buildings and the Campground by the Lake, a city-controlled campground. Due to the important “gathering” capability of the new recreation center, and the intended focus of the plan area to meet the needs of local residents, we believe that significant effort needs to be given to the post-completion of the recreation center and the balance of the tract be “re-planned” to cause the relocation of the campground to other portions of the plan area, and the programming of the newly-available public lands for other appropriate public and community-serving land uses. While new building sites may be made available for appropriate public uses, we believe that a significant focus of the planning needs to include publicgathering for uses such as public markets, crafts and arts events, circulation and outdoor activities, perhaps a small concert venue, accompanied by opportunities for some commercial activities (temporary in nature, but appropriately accommodated with hardscape, utilities services, and related site improvements). The underlying intent of our recommending this “fresh look” is – in the presence of the soon-to-be completed recreation center – to ask what other public and community uses should be located at or near the recreation center, and which will strengthen its perception as a gathering plan for the yearround residents of South Lake Tahoe. With care and community support, the natural gathering that will occur around the recreation center can be strengthened and built-upon, again, for the benefit of yearround residents.
Our assessment is that there is more than sufficient land area within the public land inventory of the plan area to allow the relocation of the Campground by the Lake, both freeing up the site for more intense and local-resident focused uses, as well as allowing modernization and re-visioning for the campground (as an asset of the community).
Redevelopment of the Mid-District Shopping Center Site
The assessment and financial feasibility analysis of the redevelopment of the community shopping center located mid-plan area is beyond the scope of this study. However, this shopping center is generally 538
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perceived as the sole assembled site that could service for significant private reinvestment and revitalization, as well as being of sufficient size to allow for a meaningful number of residential units for year-round residents, including affordable housing units for eligible households. The shopping center itself shows many of the signs of distress and under-performance, particularly in relationship to the underlying value of the land beneath the center. This is an all-too-common occurrence in today’s shopping centers, a product of changing patterns of retail shopping, convenience shopping and associated specialty uses, such as restaurants, etc. Many qualified observers believe today that as the property markets and retail spending patterns stabilize – after the onslaught of new online retail vendors (Amazon.com, etc.) and the effects of the disruption of Covid are taken into account – there will be as few as one-third of the number of retail establishments in communities across the country. South Lake Tahoe is not immune to these trends and development patterns, and the door is open at this shopping center site for a reinvestment and revitalization project – largely funded by the private sector.
We estimate the site area of the community shopping center and adjacent uses at approximately 11 acres.
This suggests to us that were the site developed solely for multi-family residential development, there could easily be from 250 to 500 residential units at the site. With a terminal maximum of, say, 500,000 gross square feet, the site could accommodate significant continued retail uses – say 25,000 sf to 50,000 sf, and still provide a significant number of multi-family residential units. We suspect that were such development to occur, there would be a strong community desire for affordable housing for eligible households; depending upon developer interest and the ability of the community to organize and/or provide additional public investment, the ratio of affordable units to market-rate units would vary.
Given the scarcity of sites for mid-rise development, and the desire to focus on the needs of year-round residents, both residential development and affordable housing at this site appear to be very appropriate.
We caution that land assembly for such redevelopment may be complicated by fractionalized ownership, and we suggest the City of South Lake Tahoe recognize that it can play a significant role in facilitating land assembly and “organized” redevelopment of the site. There are a variety of strategies and tools that can be employed by local government to incentivize private land owners to cooperate and coordinate in such instances; there appears to be a clear incentive to do so at this site.
Reinvestment in the Bijou Community Park and Golf Course Because of the size and scale of public land ownership associated with the community park and golf course, and the adjacency of the Community College site, as well as in conjunction with our recommendation to relocate the Campground by the Lake to the southern portion of the plan area, we believe that there is a significant opportunity to reinvest in the golf course and adjacent park lands to the benefit of year-round residents that are the focus of this Mid-Town plan area. While no detailed quality and condition survey of the golf course and its amenities was completed by the project team, all indications are that the course and its land and recreational amenities are aging, in average to poor 539
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condition, and in need of maintenance and reinvestment. Recognizing that a significant “refresh” of the golf course and parkland amenities is both (i) a driver of fresh market interest and private investment, and (ii) another strategy to focus the revitalization within the plan area on local, year-round residents, improvements to these portions of the plan area are consistent with the long-term goals of the community and represent a very tangible improvement in the public facilities for use by local residents.
The adjacent lands now dedicated to the community college also represent an asset for the plan area that should be evaluated; we suspect that there are a variety of ways in which both the needs of the community college students and staff and the needs of plan area residents can be shared or coordinated to the benefit of both groups. Here again, the place-making that will accompany improvements to the golf course and parkland can enhance and improve a wide-range of appropriate activities on public lands, including some of the same types of community uses discussed above for the recreation center tract.
Amortization of the “Tail”
“Amortization” in this land use context is the process by which nonconforming land uses and structures must be discontinued or made to conform to the requirements of current zoning at the end of a specified period of time. While a term that few are familiar with, “amortization” is a way in which communities can cause a change in land use, while avoiding the financial cost or exposure of a taking of private property through eminent domain. We believe that the “tail” of the plan area (that portion of the plan area severed from the main body by existing single family detached development) should be “amortized” and existing commercial uses be allowed to expire over a long period of time (typically amortization takes approximately 20 years).
We believe that amortization represents an appropriate course of action for this portion of the plan area because of the narrow depth of the commercial uses located along US 50, and the low likelihood that private redevelopment can be effective in causing revitalization or meaningful improvement in the character and quality of properties now fronting along US 50. Furthermore, the development rights could be transferred to other locations, generating more successful developments elsewhere that better meet community needs and priorities. While the City of South Lake Tahoe could attempt to raise funding for a series of public acquisitions using eminent domain, this would be costly and may not have community support due to the costs involved. Amortization removes the element of cost from the equation, with the trade-off being the amount of time that it takes to complete. While such ordinances and practices can have an outside time limit (say 20 years), the land use impacts may occur sooner, because with the inevitable decline in property condition, existing owners have some motivation to seek some form of transaction with the City well before the amortization period has run its course.
Our conclusion that amortization of the “tail” merits careful evaluation is largely a function of the adjacent residential land uses, and the recognition that clustering certain kinds of compatible land uses 540
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(versus allowing the spread or sprawl of development along the highway) is in the long-term interests of the community. In this instance there are also preservation or conservation benefits that may inure to the nearby estuaries and lake front. We also note that there may be benefits associated with amortization to the resolution of conflicts with nearby airport flight path planning and other community land use conflicts.
Other Strategies of Interest
Two other land use management strategies should be acknowledged: (1) a focus and advocacy for mixeduse development in many new and redevelopment projects, and (2) the formation and active use of a land bank to assist in the assemblage of sites of substance for redevelopment.
Mixed-use development is more common in an urban setting, and may strike some as not appropriate amidst the rural and recreational communities around Lake Tahoe. That said, mixed-use development is entirely appropriate in any setting where land is scarce, and where the demands upon the land for use and utilization are more intense than might be historically indicated. Furthermore, mixed use development increases walkability. Like most parts of California, South Lake Tahoe is a community that has grown (and is growing), and we suspect that most residents (both visitors and year-round residents alike) would like to believe that the beauty and recreational amenities of the region will be available to all for years to come. With that in mind, and recognizing the urgent need to manage the Lake Tahoe habitat and environmental setting, mixed-use development represents one of the few tools available to communities to meet the needs of residents, to cope with the economic pressures of rising residential property values and declining affordability, and to manage the environmental impact of growth.
Especially within a centrally-located community area (such as our subject plan area), mixed-use development should really be the norm, and not an exception as it is now. We strongly recommend that the Mid-Town plan area be evaluated with a strong. mandate for mixed-use development, and, of course, using higher-than-historical development density, to allow the development of more affordable housing and more lower-cost market rate housing.
Land banking traditionally means an activity or program in which a land-banking (owning) entity is formed and funded for the purposes of acquiring land for a temporary period during which other unrelated activities may occur that then allow a land holding or parcel to be deployed (sold or leased) for appropriate new development or redevelopment. We believe that the City of South Lake Tahoe should evaluate, and if possible, adopt or form a land bank that will allow it to acquire private land offered for sale, for the purpose of assembling that land with other adjacent land that is likewise suitable for development. Land banking is commonly used as a tool for redevelopment and revitalization where the land inventory is limited, where ownership is concentrated, or where the size of land parcels is too small to allow profitable redevelopment by the private development community. It is this last cause – where land parcelization is a barrier – that we see in South Lake Tahoe. To the extent that the community 541
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would like to see private capital used for reinvestment and revitalization, land banking by the community could be an effective tool to increase development project size and to attract private capital.
While we acknowledge that a land bank must start with initial funding, and usually in a meaningful dollar amount, with some duration, it can be a very suitable tool for use by the community to stimulate and encourage private revitalization and reinvestment.
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Affordable Housing and Development Process
The need to address the underserved supply of affordable housing in South Lake Tahoe was a clear priority of the individuals participating in discussions between the CRE consulting team and stakeholders from the local community. Reference to housing issues was one of the first topics mentioned during these discussions. The creation of market rate and affordable housing suitable for local workers and residents is of the utmost importance to the majority of South Lake Tahoe stakeholders interviewed by the CRE team.
Significant efforts have been made in the city to address this concern. The city has assisted in the development of the following housing projects.
• The Aspens at South Lake Tahoe—47 units of family affordable housing for low- and very lowincome households. • Evergreen Apartments—26 units of family affordable housing for low- and very low-income households.
• Kelly Ridge—32 units of affordable senior housing for very low-income individuals aged 62 years and older.
• Sierra Garden Apartments—75 units of family affordable housing for low- and very low-income households.
• Sky Forest Acres—18-unit housing project for very low-income individuals with disabilities. • Tahoe Pines Apartments—28 units of family affordable housing for low- and very low-income individuals.
• Tahoe Senior Plaza—44 units of senior housing for very low-income individuals aged 62 years and older.
• Tahoe Valley Townhomes—70 units of family housing for low- and very low-income households. • Sugar Pine Village—a 248-unit affordable housing project conceived in two sites, East Village and West Village, which together comprise a unified family oriented residential community serving the South Lake Tahoe workforce
Grant funding for these projects ensures they remain affordable. The rents charged are regulated according to the conditions imposed by the governmental body or agency issuing the grant. Further details are included in the inventory summary as required by AB 987, passed by the California State Legislature. See: Assembly-Bill-987-Spreadsheet-20191112 (cityofslt.us).
A 2019 Summary of Housing Needs suggests catch-up of 2,085 is indicated based on the following statistics.
• 165 overcrowded households.
• 1,245 in-commuters wanting to move.
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• 675 unfilled jobs.
• 1,205 keep-up.
• 630 retiring employees.
• 575 new jobs.
• TOTAL through 2026: 3,290 units divided between market rate (43% - 1,410) and priced lower than market (57% - 1,880).
There was a divergence of opinions expressed during the stakeholder interviews regarding the need for housing, from the above estimate of a 3,290-unit shortfall to a real number of 500—1,000 units. One stakeholder actually felt there was little, if any, shortfall. It is clear the anecdotal estimates cover a wide range.
The lesson here is that a clear understanding of housing demand, based on current accurate data, is essential to planning and developing winning strategies. Outdated or anecdote-based data should not serve as a basis for planning to address supply forecasts.
Clearly understanding housing supply, based on current data, should include coordination across city departments. Identifying pending construction, in process and fully approved, will also be helpful as input to decision making and planning in forecasting supply trends.
Establishment of a central registry of housing opportunities, both current and those expected to hit the market, would significantly impact connecting existing supply and units under construction/renovation with those new to the area or new to the market.
Affordable Housing Supply
South Lake Tahoe has little supply of housing in the general market that is attainable for most local residents/workers. A review of June 2024 homes sales through the MLS shows a median sales price of $700,000, which is an increase of approximately 3% year over year. Condominium/townhouses sold at a median sales price of $598,000—up 22% year over year. See Appendix for these two home sales tables.
Capital cost gap for market rate affordable housing appears to be from $300,000 to $500,000 per unit, or more.
Affordable housing must be created with an eye to the incomes of local residents/employees. As shown in the table below, TRPA is using the following definitions:
• Affordable: priced within range for families earning up to 80% of Area Median Income (AMI) • Moderate: at the price for those earning 80% to 120%AMI • Achievable: deed restricted and
o Serving household up to 120% AMI or
o A household member works for a local employer or
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o The resident is a retired person who has lived in a deed-restricted home in the Tahoe basin for more than seven years.
Due to this capital cost gap, affordable housing can only be created through use of a combination of tools, including subsidized financing sources, grants, and non-traditional use of land. These tools typically incorporate permanent deed restrictions to assure the long-term availability of a supply of affordable housing as an important part of the overall picture.
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Development Approval and Entitlement Process
Stakeholders reported to the CRE team that the development process in South Lake Tahoe is difficult to navigate. An often-repeated phrase was that the process is a moving target and less than fully transparent. With numerous steps, decision makers and reviews, the requirements sometimes change during the planning and development process, creating an even lengthier process. The net effect is to discourage development, exacerbating the housing shortage, particularly at the lower price point or for multi-family housing.
There are opportunities for improvement through process streamlining and reducing the likelihood of project cost increases. One tool might be to prepare and implement use of a coordinated Master Checklist that includes City, TRPA, and County requirements. A Master Checklist would serve to streamline and clarify the development process. The checklist should incorporate the planning goals as well as the regulatory requirements. For example, a simple and clear checklist of requirements and costs would allow an upfront understanding of the process and likelihood of success moving through approval. A side benefit would likely be a shortening of the time required from concept to reality.
The city should evaluate entitlement process forms and written materials for transparency and crossagency coordination. The goal should be simplification and process improvement. The evaluation should include outreach to local engineers, designers, brokers and developers to gain perspective on ways to streamline the process. Clearly TRPA should be part of the process to establish a collaborative environment with the common goal to facilitate meeting housing goals, within existing planning and regulatory goals/requirements.
An initial meeting of developers/property owners considering development with representatives of the City, County, and TRPA would help all understand clearly the requirements and potential hurdles.
Locking in regulatory requirements at the time of application will help avoid expenses that arise from changes in the ground rules during the approval process. Understanding that the approval process is often lengthy and expensive, such an approach would make realistic planning and financing possible.
With the goal of addressing the need for diverse housing types to support the long-term health of the South Lake Tahoe community for residents and the business community, improving the process of development is a critical objective. This is not to suggest over development but rather to make achieving community planning goals more achievable.
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Innovative and Flexible Housing Solutions
As South Lake Tahoe grapples with the challenges of providing affordable and adequate housing for its residents, it is essential to explore innovative and flexible solutions. Traditional housing models alone may not suffice to meet the diverse needs of the community, especially in a landscape marked by fluctuating economic conditions and evolving demographic trends. Embracing innovative housing strategies can offer practical, scalable, and sustainable solutions.
Explore Temporary, Modular, and Manufactured Housing Options As South Lake Tahoe continues to face challenges related to housing affordability and availability, exploring alternative housing solutions becomes increasingly important. Temporary, modular, and manufactured housing options offer practical, cost-effective ways to address immediate housing shortages and meet the diverse needs of the community. These housing solutions can be deployed rapidly, are flexible in design, and offer a range of benefits that traditional construction methods cannot match. By incorporating these options into the City’s housing strategy, South Lake Tahoe can provide more affordable, adaptable, and timely housing solutions for its residents.
Importance of Temporary and Modular Housing Solutions. Temporary and modular housing solutions are particularly valuable in situations where there is an urgent need for housing, such as following natural disasters, during economic downturns, or when there is a sudden influx of workers or residents.
Unlike traditional construction, which can take years to complete, modular housing can be deployed in a matter of months, or even weeks, depending on the project’s scope. This speed of deployment is crucial for meeting urgent housing needs, such as providing shelter for displaced residents or accommodating seasonal workers.
Moreover, modular housing is inherently more affordable due to its standardized production process.
These homes are built off-site in a controlled environment, which reduces construction costs, minimizes waste, and shortens project timelines. This cost efficiency is passed on to the residents, making modular housing an attractive option for affordable housing initiatives.
Advantages of Modular Housing.
1. Rapid Deployment.
▪ Modular housing units can be manufactured and assembled quickly, making them ideal for situations where time is of the essence. For instance, after a natural disaster or during a housing crisis, modular homes can be deployed rapidly to provide immediate shelter. 547
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2. Lower Costs.
▪ The controlled manufacturing process of modular homes allows for significant cost savings.
By producing homes in a factory setting, developers can reduce labor costs, minimize material waste, and avoid weather-related delays. These savings translate into lower overall costs, making modular housing an affordable option for both developers and residents.
3. Design Flexibility.
▪ Modular housing offers a high degree of design flexibility. Units can be customized to meet specific needs, whether that means creating smaller, more efficient homes for single occupants or larger units for families. Additionally, modular homes can be easily expanded or reconfigured, allowing for adaptability as housing needs change over time.
4. Sustainability.
▪ Modular homes are often more environmentally sustainable than traditional homes. The controlled construction environment allows for better waste management, and the use of energy-efficient materials and technologies can reduce the environmental impact of these homes.
Exploring Manufactured Homes as an Affordable Housing Solution. In addition to temporary and modular housing, manufactured homes present another viable option for addressing affordable housing needs in South Lake Tahoe. Modern manufactured homes have come a long way from the stereotypes of the past, offering high-quality, comfortable, and energy-efficient living spaces at a fraction of the cost of traditional homes.
1. Affordability.
▪ Manufactured homes are one of the most affordable housing options available, with costs often significantly lower than those of traditional site-built homes. This affordability makes manufactured homes an excellent solution for low-income residents, first-time homebuyers, or those looking to downsize.
2. Improved Quality.
▪ Advances in manufacturing technology have greatly improved the quality of manufactured homes. Today’s manufactured homes are built to high standards, with durable materials, modern amenities, and energy-efficient features that make them comparable to traditional homes in terms of comfort and livability.
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3. Versatility and Mobility.
▪ Manufactured homes are not only cost-effective but also versatile. They can be located in dedicated manufactured home parks, on private land, or in mixed-use developments. Their mobility allows for flexibility in land use and can be an advantage in areas where land availability is limited or where residents may need to relocate.
4. Reduced Time to Market.
▪ Like modular homes, manufactured homes can be produced and delivered quickly, reducing the time it takes to bring new housing to market. This rapid deployment can help alleviate housing shortages more swiftly than traditional construction methods.
Practical Applications of These Housing Solutions. To effectively integrate temporary, modular, and manufactured housing into South Lake Tahoe’s housing strategy, the city can consider the following approaches.
1. Transitional Housing for Displaced Residents.
▪ Deploy modular or manufactured homes as transitional housing for residents displaced by natural disasters, economic hardship, or redevelopment projects. These units can be quickly assembled in safe locations, providing immediate relief to those in need.
2. Workforce Housing.
▪ Use modular housing to create affordable, convenient housing options for the local workforce, particularly in sectors like tourism and hospitality, where seasonal demand can fluctuate. By placing these units near employment hubs, the city can reduce commute times and improve the quality of life for workers.
3. Affordable Housing Developments.
▪ Develop entire communities of modular or manufactured homes as affordable housing projects. These developments can be designed to include amenities such as parks, community centers, and public transportation links, creating vibrant, sustainable neighborhoods that meet the needs of all residents.
4. Partnerships with Developers.
▪ Encourage partnerships between the city, developers, and nonprofit organizations to fund and build modular and manufactured home communities. Incentives such as tax breaks, 549
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reduced permitting fees, and expedited approvals can help attract investment in these types of projects.
Temporary, modular, and manufactured housing solutions offer South Lake Tahoe a flexible, costeffective, and rapid response to its housing challenges. These housing options not only address immediate needs but also provide long-term solutions that can be adapted as the community’s needs evolve. By embracing these innovative approaches, the city can enhance its housing strategy, providing affordable, quality homes for all residents while ensuring that housing supply keeps pace with demand.
Promote Vertical Mixed-Use Development
Vertical mixed-use development is a transformative urban planning approach that integrates residential, commercial, and recreational spaces within the same building or complex. This model not only maximizes the efficient use of land but also fosters a vibrant, walkable urban environment that enhances the quality of life for residents. In a city like South Lake Tahoe, where land is both valuable and limited, promoting vertical mixed-use developments offers a practical and innovative solution to address housing shortages while simultaneously stimulating local economic activity. By encouraging such developments, especially in core urban areas, the city can create new housing opportunities, attract businesses, and build more cohesive and sustainable communities.
Importance of Vertical Mixed-Use Development. Vertical mixed-use development is particularly valuable in urban environments where land is scarce, and development costs are high. By combining different types of spaces within a single structure, these developments make the most of available land, reducing the need for expansive, single-use zoning that can lead to sprawl and inefficient land use.
Moreover, vertical mixed-use developments contribute to the creation of lively, 24/7 communities where residents can live, work, shop, and recreate within a short distance, reducing reliance on automobiles and supporting environmental sustainability.
For South Lake Tahoe, promoting vertical mixed-use development in core areas—such as downtown, commercial corridors, and near transit hubs—can help address several challenges simultaneously. It can provide much-needed affordable housing, create jobs, support local businesses, and reduce traffic congestion by encouraging walking and the use of public transportation.
Key Benefits of Vertical Mixed-Use Development.
1. Maximizing Land Use Efficiency.
▪ Vertical mixed-use developments allow for the densification of urban areas by stacking residential units above commercial and retail spaces. This approach makes the most of 550
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limited land, allowing more people to live and work in the same area without expanding the city’s footprint.
▪ In South Lake Tahoe, where natural beauty is a key asset, maximizing land use efficiency through vertical development helps preserve open spaces and natural areas while accommodating population growth.
2. Creating Walkable, Vibrant Communities.
▪ By integrating different types of spaces—such as shops, restaurants, offices, and residential units—within a single development, vertical mixed-use projects encourage walking and reduce the need for car travel. This not only supports environmental goals but also enhances the vibrancy of urban areas, making them more attractive places to live and visit. ▪ In a city like South Lake Tahoe, which attracts tourists and outdoor enthusiasts, creating walkable environments that blend residential and commercial spaces can enhance the overall visitor experience while benefiting local residents.
3. Economic Stimulus and Job Creation.
▪ Vertical mixed-use developments stimulate local economies by attracting businesses to ground-floor commercial spaces and creating jobs both during and after construction. These developments can host a range of businesses, from retail stores and restaurants to offices and service providers, contributing to a diversified local economy. ▪ By concentrating economic activity in core areas, South Lake Tahoe can build economic resilience, ensuring that the city remains vibrant and prosperous even in the face of economic fluctuations.
4. Providing Affordable Housing.
▪ One of the most significant advantages of vertical mixed-use development is its potential to include affordable housing units. By incorporating affordable housing into these developments, the city can ensure that low- and moderate-income residents have access to housing in desirable areas close to jobs, services, and amenities. ▪ In South Lake Tahoe, where housing affordability is a growing concern, incentivizing developers to include affordable units in vertical mixed-use projects can help meet the demand for affordable housing while promoting socioeconomic diversity. 551
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Strategies for Promoting Vertical Mixed-Use Development.
1. Zoning and Policy Incentives.
▪ Density Bonuses. Offer density bonuses to developers who include affordable housing units or other community benefits in their vertical mixed-use projects. This incentive allows developers to build more units than normally permitted under current zoning regulations, making such projects more financially viable.
▪ Streamlined Approval Processes. Simplify and expedite the approval process for vertical mixed-use developments, especially those that include affordable housing or are located in designated priority areas. Reducing red tape can attract more developers to pursue these projects.
▪ Tax Incentives and Grants. Provide tax incentives or grants to developers who undertake vertical mixed-use projects, particularly those that include affordable housing, green building practices, or public amenities. These financial incentives can offset some of the higher upfront costs associated with mixed-use development.
2. Public-Private Partnerships.
▪ Collaboration with Developers. Foster public-private partnerships to share the risks and rewards of vertical mixed-use development. The city can collaborate with developers by providing land, infrastructure support, or financing assistance in exchange for the inclusion of affordable housing, public spaces, or other community benefits. ▪ Community Land Trusts. Support the creation of community land trusts that can acquire and hold land for vertical mixed-use development. This approach can help ensure that the benefits of these developments, such as affordable housing, remain available to the community over the long term.
3. Community Engagement and Support.
▪ Engage the Community. Involve residents and local businesses in the planning process for vertical mixed-use developments. By gathering input through public meetings, workshops, and surveys, the city can ensure that these projects meet community needs and gain public support.
▪ Promote the Benefits. Educate the community about the benefits of vertical mixed-use development, including how it can enhance neighborhood vibrancy, provide affordable housing, and reduce environmental impact. Addressing common concerns, such as increased density or traffic, can help build support for these projects. 552
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4. Design Standards and Sustainability.
▪ Design Guidelines. Establish design guidelines that ensure vertical mixed-use developments contribute positively to the urban landscape. These guidelines can address issues such as building height, architectural style, public space integration, and pedestrian connectivity. ▪ Green Building Practices. Encourage or require the use of green building practices in vertical mixed-use developments, such as energy-efficient materials, water conservation technologies, and renewable energy sources. This not only reduces the environmental impact of these developments but also aligns with South Lake Tahoe’s sustainability goals.
Examples of Successful Vertical Mixed-Use Developments. Several cities have successfully implemented vertical mixed-use developments that serve as models for South Lake Tahoe. • Portland, Oregon. Portland’s Pearl District is a prime example of successful vertical mixed-use development. The area features a mix of residential units, retail spaces, offices, and public amenities, creating a vibrant, walkable community that has become one of the city’s most desirable neighborhoods.
• Denver, Colorado. Denver’s Union Station neighborhood showcases the benefits of vertical mixed-use development with its combination of high-rise residential buildings, ground-floor retail, restaurants, and public spaces. The development has revitalized the area and attracted both residents and businesses.
• Austin, Texas. The Domain in Austin is a large-scale vertical mixed-use development that includes residential apartments, office spaces, retail stores, and entertainment venues. The project has created a bustling urban center that attracts residents, workers, and visitors alike.
Promoting vertical mixed-use development is a strategic approach to addressing South Lake Tahoe’s housing challenges while enhancing the city’s economic vitality and urban livability. By incentivizing these developments, particularly in core areas, the city can create new housing opportunities, stimulate local businesses, and build sustainable, vibrant communities. With thoughtful planning, strong community engagement, and supportive policies, vertical mixed-use development can play a crucial role in shaping the future of South Lake Tahoe.
Encourage Adaptive Reuse of Commercial Spaces
As the economic landscape evolves, the demand for retail and office spaces changes, often leaving many commercial properties underutilized or vacant. This shift presents an opportunity for South Lake Tahoe to address its housing needs through adaptive reuse—a strategy that repurposes existing commercial spaces for residential use. Adaptive reuse not only revitalizes underused properties but also provides a sustainable, cost-effective alternative to new construction. By converting these spaces into housing, the 553
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city can create new residential opportunities, preserve its unique character, and reduce the environmental impact associated with building on undeveloped land.
Importance of Adaptive Reuse in Housing Development. Adaptive reuse is becoming increasingly important as cities seek innovative solutions to housing shortages without contributing to urban sprawl.
In South Lake Tahoe, where land is limited and the natural environment is a cherished asset, adaptive reuse offers a way to accommodate population growth and housing demand without expanding the city’s footprint. By repurposing existing structures, the city can make efficient use of its built environment while preserving open spaces and natural areas.
Moreover, adaptive reuse can breathe new life into declining commercial corridors and neighborhoods, making them vibrant, mixed-use areas that attract residents and businesses alike. This approach aligns with broader urban planning goals, such as promoting walkability, reducing car dependence, and creating diverse, sustainable communities.
Key Benefits of Adaptive Reuse of Commercial Spaces.
1. Efficient Use of Existing Resources.
▪ Adaptive reuse makes the most of existing buildings and infrastructure, avoiding the need for costly and time-consuming new construction. This efficiency is particularly valuable in areas where available land for development is scarce or where there is a desire to preserve the existing urban fabric.
▪ In South Lake Tahoe, adaptive reuse can transform vacant or underutilized commercial spaces—such as former retail stores, offices, or warehouses—into much-needed housing. This approach not only addresses housing shortages but also prevents the decay of these properties, which can lead to blight and decreased property values in surrounding areas.
2. Environmental Sustainability.
▪ Repurposing existing buildings reduces the environmental impact of development. By reusing materials and structures, adaptive reuse significantly lowers the carbon footprint associated with construction, as it minimizes the need for new materials and reduces construction waste.
▪ This strategy is particularly important in a city like South Lake Tahoe, where the preservation of natural landscapes and environmental sustainability are top priorities. Adaptive reuse aligns with these goals by reducing the demand for new land development and protecting the city’s natural resources.
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3. Preservation of Community Character.
▪ Adaptive reuse helps preserve the architectural and historical character of a community by maintaining and revitalizing existing buildings. These projects can enhance the aesthetic and cultural value of neighborhoods, contributing to a sense of continuity and identity. ▪ In South Lake Tahoe, where the unique character of the city is closely tied to its history and natural surroundings, adaptive reuse can ensure that new housing developments respect and reflect the City’s heritage, rather than introducing incongruous new construction.
4. Economic Revitalization.
▪ By converting vacant commercial properties into residential units, adaptive reuse can stimulate economic activity in surrounding areas. New residents bring increased foot traffic and demand for services, which can attract businesses and contribute to the revitalization of commercial corridors.
▪ In addition to boosting local businesses, adaptive reuse projects often create jobs in construction, design, and property management, further contributing to the local economy.
Strategies for Encouraging Adaptive Reuse.
1. Zoning and Policy Adjustments.
▪ Flexible Zoning Regulations. Modify zoning codes to allow for the conversion of commercial properties into residential use. This may include relaxing restrictions on building height, density, or parking requirements to make adaptive reuse projects more feasible. ▪ Expedited Approval Processes. Streamline the approval process for adaptive reuse projects, particularly those that include affordable housing or other community benefits. Expedited permitting can reduce costs and encourage developers to pursue these projects.
2. Financial Incentives.
▪ Tax Credits and Grants. Offer tax credits, grants, or low-interest loans to developers who undertake adaptive reuse projects. These incentives can offset the costs associated with renovating older buildings, making these projects more financially attractive. ▪ Property Tax Abatements. Provide temporary property tax abatements for adaptive reuse projects to reduce the financial burden on developers during the conversion process. This can be particularly effective in encouraging the redevelopment of underutilized or distressed properties.
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3. Partnerships and Collaboration.
▪ Public-Private Partnerships. Foster partnerships between the city, developers, and nonprofit organizations to share the risks and benefits of adaptive reuse projects. The city can contribute by providing land, infrastructure improvements, or financial assistance in exchange for the inclusion of affordable housing or other public benefits. ▪ Collaboration with Local Businesses. Engage local businesses in the planning and development process to ensure that adaptive reuse projects meet the needs of the community and contribute to the local economy. This collaboration can also help integrate commercial and residential uses in a way that enhances the vibrancy of the area.
4. Community Engagement.
▪ Public Input and Support. Involve the community in the planning and design of adaptive reuse projects to ensure that they align with residents’ needs and preferences. Public meetings, surveys, and workshops can provide valuable feedback and build support for these initiatives.
▪ Education and Awareness. Raise awareness about the benefits of adaptive reuse through public campaigns, informational sessions, and partnerships with local media. Educating the community about the environmental, economic, and social advantages of adaptive reuse can help build enthusiasm and support for these projects.
Examples of Successful Adaptive Reuse Projects. Several cities have successfully implemented adaptive reuse projects that serve as models for South Lake Tahoe. • Los Angeles, California. The Adaptive Reuse Ordinance in Los Angeles has led to the conversion of numerous old office buildings and warehouses into residential lofts, revitalizing downtown areas and creating vibrant, mixed-use neighborhoods.
• Portland, Oregon. The conversion of the former Meier & Frank warehouse into the Block 216 mixed-use development is an example of adaptive reuse that includes residential units, retail spaces, and public amenities, contributing to the city’s goal of sustainable urban growth. • New York, New York. The High Line, a former elevated railway turned public park, has spurred the adaptive reuse of surrounding industrial buildings into residential and commercial spaces, revitalizing the Chelsea neighborhood and creating a popular urban destination.
Encouraging the adaptive reuse of commercial spaces is a strategic and sustainable approach to addressing South Lake Tahoe’s housing needs while preserving the city’s character and minimizing environmental impact. By repurposing underutilized properties, the city can create new housing 556
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opportunities, stimulate economic activity, and protect its natural and built environments. With supportive zoning policies, financial incentives, and strong community engagement, adaptive reuse can play a key role in shaping the future of South Lake Tahoe, ensuring that it remains a vibrant, livable, and resilient community.
Develop Incentives to Deploy Affordable Accessory Dwelling Units Accessory Dwelling Units (ADUs) represent a versatile and cost-effective strategy for expanding housing options within existing neighborhoods. These smaller, self-contained living units can be built on the same property as a single-family home, providing additional housing without requiring new land development. In South Lake Tahoe, where housing shortages are a pressing issue, developing incentives for the construction of affordable ADUs could be a powerful tool in addressing the needs of local workers. By offering incentives such as reduced permitting fees, tax breaks, or grants, the city can encourage homeowners to contribute to the solution, creating more affordable rental options and diversifying the housing stock.
The Growing Role of ADUs in California. In recent years, California has recognized the potential of ADUs to alleviate housing shortages and has enacted legislation to make it easier for homeowners to build these units. Statewide policies have streamlined the approval process, reduced barriers such as minimum lot size requirements, and limited the fees that local governments can charge for ADU construction. South Lake Tahoe can build on this momentum by creating local incentives that specifically target the creation of affordable ADUs, particularly for community members in lower-paid jobs.
Key Benefits of Developing Affordable ADUs.
1. Expanding Housing Supply Without New Land Development. ▪ ADUs allow for the efficient use of existing residential properties, adding housing units without the need for new land development. This is particularly important in South Lake Tahoe, where preserving natural spaces is a priority. By encouraging the construction of ADUs, the city can increase its housing supply while maintaining its environmental and aesthetic character.
▪ Additionally, ADUs can help address housing shortages in a more distributed manner, avoiding the concentration of new developments in specific areas and integrating new housing into established neighborhoods.
2. Providing Affordable Housing for Working-Class Residents. ▪ ADUs are inherently more affordable to build and maintain than traditional single-family homes, making them an ideal solution for providing affordable housing. By targeting incentives towards the creation of ADUs that are rented at below-market rates, South Lake 557
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Tahoe can ensure that working-class residents—such as those employed in the local tourism, hospitality, and service industries—have access to housing they can afford. ▪ These units can also serve as housing for extended family members, enabling multigenerational living arrangements that can reduce housing costs for families and provide support for aging relatives or young adults.
3. Empowering Homeowners as Part of the Housing Solution. ▪ By incentivizing ADU construction, the city can empower residents to become part of the solution to the housing crisis. Homeowners who build ADUs not only contribute to the community by providing additional housing, but they also benefit from the potential rental income or the ability to accommodate family members in a separate living space. ▪ This approach fosters a sense of community involvement and ownership, as residents play a direct role in addressing local housing needs.
Strategies for Promoting the Development of Affordable ADUs.
1. Financial Incentives.
▪ Reduced Permitting Fees. Offer significant reductions or waivers on permitting fees for homeowners who agree to rent their ADUs at affordable rates. This can lower the upfront costs of building an ADU, making it more accessible for middle-income homeowners. ▪ Tax Breaks. Provide property tax breaks for homeowners who build ADUs designated as affordable housing. These tax incentives can be tied to the duration of time the unit is rented at an affordable rate, encouraging long-term affordability. ▪ Grants and Low-Interest Loans. Establish a grant or low-interest loan program to assist homeowners with the construction costs of ADUs. These funds could be targeted specifically at lower-income homeowners or those in designated affordable housing zones, helping to ensure that the benefits of ADU development are widely distributed.
2. Streamlined Approval Processes.
▪ Fast-Track Permitting. Implement a fast-track permitting process for ADUs, particularly those that will be rented at affordable rates. By reducing the time and complexity of obtaining approval, the city can make ADU development more attractive to homeowners. ▪ Pre-Approved ADU Plans. Provide a selection of pre-approved ADU designs that meet local building codes and standards. Homeowners can choose from these designs, reducing the costs and delays associated with custom plans and ensuring that the units are constructed quickly and efficiently.
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3. Community Education and Support.
▪ ADU Resource Center. Establish an ADU Resource Center to provide homeowners with information, technical assistance, and resources related to ADU construction. The center could offer workshops, one-on-one consultations, and online resources to guide homeowners through the process of building an ADU.
▪ Partnerships with Local Contractors. Develop partnerships with local contractors to offer discounted rates or package deals for ADU construction. This could include bulk purchasing of materials, standardized pricing, or group discounts for multiple ADU projects in the same neighborhood.
4. Long-Term Affordability Measures.
▪ Deed Restrictions. Encourage or require deed restrictions on ADUs that are built with city incentives, ensuring that they remain affordable for a set period (e.g., 10-20 years). This helps protect the investment in affordable housing and ensures that these units serve the intended population over the long term.
▪ Rental Rate Caps. Implement rental rate caps on ADUs developed through incentive programs, tying rents to a percentage of the Area Median Income (AMI) to ensure that they remain affordable to low- and moderate-income residents.
Examples of Successful ADU Programs. Several cities have successfully promoted the development of ADUs as a solution to housing shortages.
• Los Angeles, California. The City of Los Angeles has implemented the Backyard Homes Project, which offers homeowners grants and technical assistance to build affordable ADUs. The program is designed to create affordable housing while providing homeowners with additional income. • San Francisco, California. San Francisco’s ADU program has streamlined the approval process for homeowners, particularly in areas with high housing demand. The city has also partnered with non-profit organizations to offer financial assistance and support for the construction of ADUs.
• Portland, Oregon. Portland has seen a significant increase in ADU construction by offering financial incentives, such as waived development fees, and providing homeowners with preapproved design templates to simplify the building process.
Developing incentives for the deployment of affordable ADUs is a strategic approach to addressing South Lake Tahoe’s housing challenges, particularly for working-class residents. By leveraging financial incentives, streamlining approval processes, and providing support to homeowners, the city can 559
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encourage the widespread adoption of ADUs as a viable and sustainable housing solution. This approach not only expands the housing supply in a cost-effective manner but also empowers residents to play an active role in alleviating the housing crisis. Through thoughtful planning and community engagement, South Lake Tahoe can harness the potential of ADUs to create more affordable, diverse, and resilient neighborhoods.
Implement an Inverse Short Term Rental Program
Short-Term Rentals (STRs) have become a significant issue in many tourist-heavy areas, including South Lake Tahoe. While these properties cater to vacationers and generate income for property owners, they also contribute to rising housing costs and reduce the availability of long-term rentals for local residents.
An innovative solution to this problem is the implementation of an Inverse STR program. This program would incentivize property owners to convert their STRs into long-term rental units for local residents, while still allowing them to use their properties for personal vacations. By leveraging tax benefits, grants, or other financial incentives, this approach could increase the supply of long-term housing for residents without the need to ban STRs outright.
The Big Idea. The Inverse STR program is designed to address the housing shortage in South Lake Tahoe by making better use of properties that are typically vacant for much of the year. Wealthier property owners, who primarily use these homes as vacation retreats, would place their properties into a longterm rental program. These homes would be rented out at lower rates to individuals who qualify for lowincome housing or are part of the local workforce.
What makes this program unique is the flexibility it offers to property owners. Using an online platform similar to Airbnb, owners can schedule their visits to South Lake Tahoe, effectively renting their own homes back for the duration of their stay. During these times, the regular tenants—who understand the arrangement—would temporarily vacate the property, either taking a short vacation themselves or staying in nearby accommodations funded by the property owner. This system ensures that the homes are occupied year-round, benefiting both the property owners and the tenants.
Key Benefits of the Inverse STR Program.
1. Increased Housing Availability for Local Workforce.
▪ By converting STRs into long-term rentals, the program directly addresses the shortage of affordable housing for local residents, particularly those working in the service, tourism, and hospitality industries. These residents often struggle to find affordable housing close to their workplaces, and the Inverse STR program provides them with more options. 560
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▪ The program allows tenants to live in well-maintained, desirable properties that would otherwise remain vacant for most of the year. This not only improves their quality of life but also helps retain essential workers in the community.
2. Flexibility and Income for Property Owners.
▪ Property owners benefit from a consistent rental income throughout the year while retaining the ability to use their homes whenever they choose. The inconvenience of having to book their own property for personal use is mitigated by the financial incentives and the fact that the property remains well-maintained and ready for their arrival. ▪ Owners are responsible for providing funds for their tenants' temporary accommodations, ensuring that the tenants are not financially burdened by the arrangement. This creates a win-win situation, where owners generate income and tenants enjoy reduced rent in exchange for flexibility.
3. Lower Rental Costs for Tenants.
▪ Tenants participating in the program would benefit from lower rental rates due to the unique arrangement. The need to vacate the property periodically and maintain it in a ready-to-rent condition justifies the reduced rent, making these homes more affordable for those in the local workforce or with lower incomes.
▪ The program could be particularly appealing to tenants who have flexible work schedules or who are willing to trade some convenience for the opportunity to live in a more desirable location at a lower cost.
4. Maintaining High Standards of Property Maintenance.
▪ Because the homes must be kept in a state of readiness for the owners’ visits, tenants are incentivized to maintain the property at a high standard. This requirement helps preserve the value of the property and ensures that it remains in good condition for both the owner and future tenants.
▪ The professional cleaning services provided before and after the owner’s stay further enhance the maintenance of the property, ensuring that it is always in top condition.
Implementation Strategies.
1. Financial Incentives.
▪ Tax Benefits. Offer property tax reductions or income tax credits to owners who participate in the program and make their properties available for long-term rental. These financial 561
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incentives can help offset the costs of the program, such as the cleaning services and temporary accommodation for tenants.
▪ Grants and Subsidies. Provide grants or subsidies to help property owners with the initial costs of converting their STRs into long-term rentals, such as necessary renovations or furnishings that make the property more suitable for year-round living.
2. Online Platform Development.
▪ Custom Inverse STR Platform. Develop an online platform specifically for managing the Inverse STR program. This platform would allow owners to schedule their stays, manage bookings, and communicate with tenants. It would also facilitate the financial transactions required for the temporary relocation of tenants.
▪ Integration with Existing STR Platforms. Consider integrating the Inverse STR program with existing platforms like Airbnb or VRBO, making it easier for property owners to transition their properties from traditional STRs to the Inverse STR model.
3. Program Marketing and Outreach.
▪ Targeted Outreach to Property Owners. Conduct targeted outreach to property owners who currently use their homes as STRs but are interested in generating consistent income yearround. Emphasize the benefits of the program, including the ability to maintain personal use of the property while contributing to the community’s housing needs. ▪ Tenant Recruitment and Education. Work with local employers and housing agencies to identify potential tenants who would benefit from the program. Educate tenants about the requirements and benefits of participating, ensuring they understand the need to vacate the property during the owner’s stays and the associated financial compensation.
4. Legal and Regulatory Framework.
▪ Zoning and Ordinance Adjustments. Ensure that local zoning laws and ordinances are adjusted to accommodate the Inverse STR program. This may include creating specific categories for these properties and ensuring that the program complies with any existing STR regulations.
▪ Lease Agreements and Tenant Protections. Develop standardized lease agreements that clearly outline the terms of the Inverse STR arrangement, including the conditions under which tenants must vacate the property. These agreements should also include tenant protection, such as the right to fair compensation for relocation costs and the assurance of suitable alternative accommodations.
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Challenges and Considerations. While the Inverse STR program offers numerous benefits, it also presents challenges that need to be carefully managed.
• Tenant Displacement and Satisfaction. The requirement for tenants to vacate the property periodically could be disruptive, especially for families or individuals with less flexible lifestyles.
Ensuring that alternative accommodations are convenient, comfortable, and fully funded by the property owner is crucial to maintaining tenant satisfaction. • Property Maintenance and Wear. The regular use of the property by different parties (tenants and owners) could lead to increased wear and tear. Establishing clear maintenance responsibilities and ensuring that cleaning and repair services are promptly provided will be essential.
The Inverse STR program is an innovative approach to addressing the housing shortage in South Lake Tahoe while respecting the interests of property owners who rely on their homes as vacation retreats. By incentivizing the conversion of STRs into long-term rentals for local residents, the city can increase the availability of affordable housing, support the local workforce, and maintain the flexibility that property owners value. With the right incentives, regulatory framework, and community engagement, the Inverse STR program could become a model for other tourist-heavy regions facing similar challenges, proving that creative solutions can balance the needs of both residents and property owners.
Conclusion
Innovative and flexible housing solutions are crucial for South Lake Tahoe to meet its housing challenges effectively. By exploring temporary and modular housing, promoting vertical mixed-use developments, encouraging adaptive reuse of commercial spaces, developing incentives for affordable ADUs, and implementing an Inverse STR program, the city can create a diverse and resilient housing market that serves the needs of all its residents.
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SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE 37 Comprehensive Data Collection and Analysis for Decision-Making Comprehensive Data Collection and Analysis for Decision-Making In the rapidly evolving landscape of real estate and urban development, effective decision-making hinges on the availability and analysis of comprehensive data. South Lake Tahoe, like many other communities, faces the challenge of aligning its housing strategies with the needs of its residents. The development and application of robust data collection mechanisms are crucial for guiding sustainable growth, informed policy-making, and effective allocation of resources.
Conduct Regular Housing Needs Assessments
Conducting regular housing needs assessments is a critical strategy for ensuring that the housing policies and initiatives of South Lake Tahoe are aligned with the evolving needs of the community. These assessments are not just about understanding the present demand for housing but also about anticipating future needs. Given the dynamic nature of the housing market, driven by factors such as population growth, economic changes, and shifts in lifestyle preferences, it is vital to maintain a proactive approach in housing planning. This approach enables the city to prioritize its projects effectively, allocate resources efficiently, and make informed decisions that support long-term sustainability.
Importance of Regular Assessments. Regular housing needs assessments provide a data-driven foundation for decision-making in urban planning and housing policy. Without these assessments, the city risks implementing strategies that may not address the actual needs of its residents, leading to misallocation of resources, increased housing shortages, or the development of housing that is unaffordable or unsuitable for the community.
For example, if the city relies on outdated data, it might invest heavily in market-rate housing when there is a growing need for affordable housing. Conversely, an unrecognized increase in demand for senior housing or workforce housing could lead to a crisis if those needs are not identified and addressed in time. Regular assessments ensure that the city can adapt its strategies to the changing landscape, whether those changes are driven by demographic shifts, such as an aging population, or economic factors, such as a rise in remote work leading to an influx of new residents.
Methods for Conducting Assessments. To effectively conduct housing needs assessments, South Lake Tahoe could employ a range of methodologies, each designed to capture different aspects of housing demand and supply.
1. Surveys and Focus Groups.
▪ Resident Surveys. Distribute regular surveys to residents to gather data on their housing situation, including satisfaction with current housing, rent/mortgage burden, and future housing plans. These surveys can also collect information on specific needs, such as 564
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▪ Focus Groups. Organize focus groups with various community stakeholders, including renters, homeowners, landlords, developers, and social service providers. These discussions can uncover qualitative insights that quantitative data alone might miss, such as the challenges faced by low-income residents or barriers to homeownership.
2. Data Analysis and Projections.
▪ Demographic and Economic Analysis. Utilize census data, economic reports, and local employment trends to project future housing needs. For example, if data indicates a growing tech sector in the region, this could signal an upcoming demand for high-density, affordable housing near tech hubs.
▪ Housing Supply and Vacancy Rates. Regularly monitor housing supply, vacancy rates, and construction activity. Low vacancy rates might indicate a need for more housing, while high rates could signal an oversupply in certain market segments.
3. Geospatial Analysis.
▪ Mapping Housing Trends. Use Geographic Information Systems (GIS) to map housing trends across different neighborhoods. This analysis can highlight areas of high demand, regions with significant housing shortages, or locations where new development could alleviate pressure on existing housing stock.
▪ Identify Housing Deserts. GIS can also identify housing deserts where affordable housing options are scarce, helping the city target these areas for development incentives or policy interventions.
4. Community Partnerships.
▪ Collaboration with Local Organizations. Partner with local non-profits, housing advocacy groups, and universities to gather data and insights. These organizations often have on-theground knowledge of housing challenges and can contribute to a more comprehensive assessment.
▪ Engagement with Real Estate Professionals. Engage local real estate agents, brokers, and developers to gather market intelligence. Their perspectives can provide real-time insights into market trends, buyer/renter preferences, and potential future developments. 565
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5. Scenario Planning.
▪ Scenario-Based Projections. Develop multiple housing scenarios based on different assumptions about population growth, economic conditions, and policy changes. This approach helps the city prepare for a range of possible futures and ensures that housing strategies are robust and adaptable.
▪ Impact Analysis of Potential Developments. Evaluate the potential impact of planned developments on housing needs. For instance, a large new commercial development might increase the demand for nearby workforce housing, while a new bus service could lead to a surge in housing demand along its route.
Regular housing needs assessments are not just a best practice; they are a necessity for South Lake Tahoe to remain responsive to its residents' needs. By employing a combination of surveys, data analysis, geospatial mapping, community partnerships, and scenario planning, the city can maintain a comprehensive and up-to-date understanding of its housing landscape. This proactive approach will enable South Lake Tahoe to prioritize housing initiatives effectively, allocate resources wisely, and ensure that all residents have access to affordable, suitable housing in the years to come.
Deploy Integrated Data Platforms
In today’s rapidly changing urban environment, the ability to make informed, data-driven decisions is more critical than ever. South Lake Tahoe, like many municipalities, faces the challenge of managing complex housing needs and development projects across various city departments. The deployment of integrated data platforms is a transformative strategy that can greatly enhance the city’s capacity to monitor, manage, and respond to housing issues in real-time. By creating a unified system that allows for seamless data sharing and collaboration among departments, South Lake Tahoe can improve the efficiency, accuracy, and effectiveness of its housing policies and urban planning efforts.
Importance of Integrated Data Platforms. The integration of data platforms is not just a technological upgrade; it is a fundamental shift in how city departments can operate and interact. Currently, data related to housing—such as zoning information, building permits, demographic trends, and housing market conditions—might be siloed within different departments, leading to inefficiencies and delays in decision-making. An integrated data platform would break down these silos, enabling a more coordinated approach to housing development.
For example, when planning a new housing project, having immediate access to up-to-date zoning laws, environmental regulations, and infrastructure data can prevent costly mistakes and ensure that the project aligns with the city’s broader urban development goals. Moreover, by making this data accessible in real-time, the city can respond more swiftly to changes in the housing market, such as an unexpected increase in demand for affordable housing.
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Following are several key steps and considerations for implementing such a system in South Lake Tahoe.
1. Data Audit and Standardization.
▪ Conduct a Comprehensive Data Audit. The first step is to perform a thorough audit of the existing data across all city departments involved in housing and urban planning. This audit should identify what data is being collected, how it is stored, and any gaps or redundancies in the data.
▪ Standardize Data Formats. To ensure seamless integration, it is essential to standardize data formats and definitions across departments. For example, standardizing how housing units are categorized (e.g., affordable vs. market-rate) will enable more accurate analysis and reporting.
2. Implementation of a Centralized Data Platform.
▪ Choose a Scalable Data Management System. The city should invest in a centralized, cloudbased data management system that can grow with the city’s needs. This system should support real-time data entry, updates, and retrieval, ensuring that all departments can access the most current information.
▪ Enable API Integration. To facilitate communication between different software systems used by various departments, the platform should support API (Application Programming Interface) integration. This allows different systems to “talk” to each other, enabling the automated exchange of data and reducing manual data entry errors.
3. Training and Change Management.
▪ Provide Training for Staff. Implementing a new data platform will require training for city staff to ensure they can effectively use the system. This training should cover data entry procedures, how to access and analyze data, and best practices for maintaining data accuracy and integrity.
▪ Promote a Culture of Data Sharing. Successful deployment also requires a cultural shift.
Departments must be encouraged to view data sharing as a collaborative effort that benefits the entire city. Leadership can foster this culture by highlighting the importance of data in achieving the city’s housing goals.
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4. Real-Time Data Sharing and Analytics.
▪ Deploy Real-Time Dashboards. To maximize the utility of the integrated data platform, the city should develop real-time dashboards that provide key stakeholders with at-a-glance views of important metrics, such as housing supply, permit approvals, and project timelines.
These dashboards can be customized for different departments, ensuring that each team has the information they need to make informed decisions.
▪ Implement Predictive Analytics. Beyond just monitoring current data, the platform should incorporate predictive analytics capabilities. These tools can analyze historical data to forecast future housing needs, identify potential bottlenecks in development processes, and recommend proactive measures to address emerging challenges.
5. Enhancing Public Engagement and Transparency.
▪ Public Data Portals. An integrated data platform can also support public engagement by making certain data accessible to residents through online portals. For example, the public could access information on upcoming housing developments, track progress on city projects, and provide feedback directly through the portal. ▪ Transparency Initiatives. Increased transparency can build public trust and encourage community involvement in housing decisions. By making data publicly available, the city can demonstrate its commitment to open governance and allow residents to participate more fully in the planning process.
Examples of Successful Implementation. Several cities have successfully deployed integrated data platforms to manage housing and urban development more effectively:
• New York City. New York City’s NYC Planning Labs initiative has created open-source data tools that integrate various datasets, such as zoning information, land use applications, and demographic data, into a single platform. This system has improved collaboration among city agencies and enhanced public access to planning data.
• San Francisco. The San Francisco Planning Department uses an integrated platform that combines GIS mapping, zoning regulations, and building permit data. This system enables planners to visualize the impact of potential developments in real-time, facilitating more informed and responsive decision-making.
• Boston. Boston’s Analyze Boston platform is a centralized data repository that supports the city’s housing and urban development efforts. By providing real-time access to data across departments, the platform has improved the city’s ability to manage its housing stock and respond to community needs.
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SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE 42 Comprehensive Data Collection and Analysis for Decision-Making Deploying integrated data platforms is a strategic investment in the future of South Lake Tahoe’s housing and urban planning efforts. By breaking down data silos, standardizing information, and enabling realtime data sharing, the city can create a more coordinated and efficient approach to managing its housing needs. This initiative will not only improve the effectiveness of housing policies but also enhance public transparency and trust, ensuring that South Lake Tahoe remains a vibrant and sustainable community for years to come.
Implement Real-Time Monitoring Systems
In the complex and fast-paced world of urban development, real-time monitoring systems are crucial for ensuring that housing projects are completed on time, within budget, and in alignment with community goals. For South Lake Tahoe, implementing these systems offers a powerful tool to track the progress of housing developments, identify emerging trends, and respond promptly to challenges. By leveraging real-time data, the city can make informed, timely adjustments to its housing strategies, ensuring they remain relevant to the needs of the community and responsive to economic changes.
Importance of Real-Time Monitoring Systems. Real-time monitoring systems are not just about keeping projects on track; they provide a continuous feedback loop that enables proactive management of the entire housing ecosystem. Without these systems, the city may only become aware of issues after they have already caused delays, increased costs, or misalignments with community objectives. By the time traditional reporting processes highlight a problem, it might be too late to correct course without significant disruption.
For example, if a housing development is delayed due to unforeseen construction issues, real-time monitoring could allow city officials to intervene immediately, potentially resolving the problem before it causes further delays. Similarly, monitoring occupancy rates in real-time can help the city identify and address housing shortages or surpluses more quickly, ensuring that housing supply meets demand without significant lag.
Key Components of Real-Time Monitoring Systems. To effectively implement real-time monitoring systems, South Lake Tahoe should focus on several key components that will ensure comprehensive oversight of housing developments and their impacts on the community:
1. Construction Progress Monitoring.
▪ Digital Project Management Tools. Deploy digital project management tools that allow contractors, city officials, and developers to track construction progress in real-time. These tools should provide updates on key milestones, such as the completion of foundational work, framing, and final inspections, and highlight any delays or deviations from the project timeline.
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2. Occupancy and Leasing Monitoring.
▪ Real-Time Occupancy Tracking. Implement systems that track the occupancy rates of new and existing housing developments in real-time. This can include integration with property management software that updates when units are leased, vacant, or under maintenance. By monitoring these rates, the city can quickly identify trends, such as rising vacancies or high demand in specific areas and adjust its housing strategies accordingly. ▪ Tenant and Landlord Reporting Platforms. Encourage the use of digital platforms where tenants and landlords can report issues, request maintenance, or update lease statuses. This data can be aggregated to monitor the health of the rental market and address problems, such as widespread maintenance issues or tenant displacement, as they arise.
3. Infrastructure and Service Impact Monitoring.
▪ Smart Infrastructure Sensors. Deploy sensors that monitor the impact of housing developments on local infrastructure, such as water usage, traffic congestion, and public transportation. These sensors can provide real-time data on how new developments are affecting the city’s infrastructure, allowing for timely adjustments to services and resources. ▪ Environmental Monitoring Systems. Implement environmental monitoring systems that track the impact of housing developments on local ecosystems. For example, sensors can monitor air and water quality around construction sites, ensuring that developments comply with environmental regulations and do not harm the surrounding natural environment.
4. Data Integration and Analysis.
▪ Centralized Data Dashboards. Develop centralized dashboards that aggregate data from all real-time monitoring systems. These dashboards should provide city officials with an at-aglance overview of key metrics, such as project progress, occupancy rates, and infrastructure strain, enabling quick decision-making and response.
▪ Predictive Analytics. Incorporate predictive analytics into the monitoring systems to forecast potential issues before they arise. For instance, if data indicates that construction delays are likely due to upcoming weather patterns or supply chain disruptions, the city can proactively work with developers to mitigate these risks.
5. Community Engagement and Transparency.
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SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE 44 Comprehensive Data Collection and Analysis for Decision-Making ▪ Publicly Accessible Monitoring Tools. Create publicly accessible online tools where residents can view real-time data on housing developments, such as construction timelines, expected completion dates, and the impact on local services. This transparency can build trust with the community and ensure that residents feel informed and involved in the development process.
▪ Feedback Mechanisms. Implement feedback mechanisms that allow residents to report issues related to housing developments in real-time, such as noise complaints or safety concerns. This data can be integrated into the monitoring systems, enabling the city to address community concerns promptly.
Examples of Successful Implementation. Cities across the world have successfully implemented realtime monitoring systems to enhance their urban planning and housing development efforts. • Singapore. Singapore’s Urban Redevelopment Authority (URA) uses real-time monitoring systems to manage the city’s dense urban environment. By integrating data from multiple sources, including construction sites and infrastructure sensors, the URA can monitor the progress of housing developments and their impact on the city in real-time. • Amsterdam. Amsterdam employs real-time data monitoring to manage its housing market, including tracking rental prices, occupancy rates, and housing shortages. This data allows the city to quickly identify trends and implement policies that address housing affordability and availability.
• Toronto. Toronto’s Building Toronto Together initiative includes real-time monitoring of construction progress and occupancy rates across the city. The system provides city officials with up-to-date information that guides housing policy and ensures that developments meet the City’s strategic goals.
Implementing real-time monitoring systems is essential for South Lake Tahoe to maintain control over its housing development projects and ensure that they align with the city’s broader goals. These systems provide the real-time data needed to make informed decisions, anticipate and address challenges, and keep projects on track. By investing in technology that monitors construction progress, occupancy rates, infrastructure impact, and more, South Lake Tahoe can create a responsive, adaptable housing strategy that serves the needs of its residents both now and in the future.
Increase Community Engagement
Community engagement is a cornerstone of effective urban planning and housing policy development.
Involving residents in the data collection and analysis processes ensures that the city's strategies are not only data-driven but also reflective of the diverse needs and experiences of its population. By fostering a 571
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Importance of Community Engagement. The value of community engagement lies in its ability to bring a wide range of perspectives to the table. Traditional top-down approaches to urban planning often overlook the nuances of local needs, resulting in policies that may not fully address the concerns of all residents. Engaging the community helps to mitigate this risk by ensuring that the voices of those who are directly affected by housing policies—such as low-income families, seniors, and young professionals—are heard and considered in the decision-making process.
For example, a housing policy developed without community input might prioritize luxury developments that do not meet the needs of the local workforce. By contrast, a policy shaped by community engagement is more likely to include provisions for affordable housing, senior living facilities, and other critical needs. Furthermore, community involvement can identify specific barriers that residents face, such as difficulties in accessing housing services or concerns about neighborhood safety, which might not be evident through data alone.
Methods for Increasing Community Engagement. To effectively engage the community, South Lake Tahoe can employ a variety of strategies designed to reach different segments of the population and gather comprehensive insights:
1. Surveys and Questionnaires.
▪ Digital and Paper Surveys. Distribute surveys both digitally and in paper form to ensure accessibility for all residents. These surveys can ask about residents' housing situations, preferences, challenges, and ideas for improvement. To encourage participation, the city can offer incentives, such as small gift cards or entries into a raffle. ▪ Targeted Surveys. Conduct targeted surveys for specific groups, such as renters, homeowners, seniors, or new residents. This approach allows the city to gather detailed information relevant to each group's unique experiences and needs.
2. Focus Groups.
▪ Diverse Representation. Organize focus groups with diverse representation from across the community, including different age groups, income levels, and cultural backgrounds. These groups should discuss specific housing issues, such as affordability, access to services, or the impact of new developments on existing neighborhoods.
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SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE 46 Comprehensive Data Collection and Analysis for Decision-Making ▪ Facilitated Discussions. Employ trained facilitators to guide focus group discussions, ensuring that all voices are heard, and that the conversation remains productive. Facilitators can help to uncover deeper insights by asking probing questions and encouraging participants to share their personal experiences.
3. Public Forums and Town Hall Meetings.
▪ Regular Town Halls. Hold regular town hall meetings where residents can voice their concerns, ask questions, and provide feedback on proposed housing policies. These meetings should be widely advertised and held at accessible times and locations to maximize participation.
▪ Interactive Workshops. Organize interactive workshops where residents can participate in the planning process by working on mock housing projects, voting on different policy options, or mapping out their ideal neighborhood. These hands-on activities can make the engagement process more tangible and meaningful for participants.
4. Community Partnerships.
▪ Collaborate with Local Organizations. Partner with local nonprofits, neighborhood associations, and advocacy groups to reach underrepresented populations. These organizations can help distribute surveys, recruit focus group participants, and organize community events, leveraging their existing relationships and trust within the community. ▪ Youth and School Involvement. Involve schools and youth organizations in the engagement process by organizing workshops or essay contests on housing and community development.
Engaging younger residents not only provides valuable insights but also fosters a sense of civic responsibility and involvement from an early age.
5. Digital Engagement Platforms.
▪ Online Portals and Social Media. Create an online portal where residents can access information about housing developments, provide feedback, and participate in polls or discussions. Social media platforms can also be used to engage residents, share updates, and solicit input through comments or direct messages.
▪ Virtual Meetings and Webinars. Host virtual meetings and webinars to accommodate residents who may not be able to attend in-person events. These digital tools can increase participation by making it easier for people to engage from the comfort of their homes. 573
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6. Citizen Advisory Committees.
▪ Establish Advisory Committees. Form citizen advisory committees that include residents from different parts of the city. These committees can meet regularly to review housing policies, provide input on new initiatives, and act as a liaison between the community and city officials.
▪ Rotating Membership. To ensure that the advisory committees remain representative, consider rotating membership every year or two. This approach allows new voices to contribute while maintaining continuity in the committee’s work.
Examples of Successful Community Engagement. Several cities have successfully implemented community engagement strategies in their urban planning processes:
• Portland, Oregon. Portland’s Office of Community & Civic Life uses a model called Community Connect to engage residents in city planning. This program involves neighborhood coalitions, focus groups, and community forums that have significantly influenced the city’s housing and transportation policies.
• Boston, Massachusetts. The Imagine Boston 2030 initiative involved extensive community engagement, including over 14,000 residents participating in surveys, workshops, and public meetings. The insights gathered from this process have guided the city’s long-term planning efforts, particularly in housing and economic development. • Austin, Texas: Austin’s Community Engagement Division employs a multi-faceted approach to involve residents in planning processes, including using digital tools, in-person forums, and partnerships with local organizations. This engagement has been critical in shaping the city’s affordable housing strategies.
Increasing community engagement in data collection and analysis processes is essential for creating housing policies that truly reflect the needs of South Lake Tahoe’s residents. By involving the community through surveys, focus groups, public forums, partnerships, and digital platforms, the city can gather rich, diverse insights that enhance the quality of its data and the effectiveness of its decision-making. This participatory approach not only leads to more inclusive and representative policies but also builds a stronger, more collaborative relationship between the city and its residents, fostering a sense of shared responsibility for the community's future.
Conclusion
The implementation of comprehensive data collection and analysis systems is a foundational step towards achieving the housing and development goals of South Lake Tahoe. By prioritizing regular 574
SPURRING REDEVELOPMENT IN THE MID-TOWN AREA | SOUTH LAKE TAHOE 48 Comprehensive Data Collection and Analysis for Decision-Making needs assessments, integrated data platforms, real-time monitoring, and community engagement, the city can build a data-driven approach to urban planning that is both responsive and sustainable. 575
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Public and Private Financing
Both infrastructure and vertical construction elements of a commercial or residential project have opportunities for innovative financial structuring.
Infrastructure Financing Sources
• Enhanced Infrastructure Financing Plans: (EIFD) have historically been used by redevelopment agencies to raise funds for infrastructure improvements, land assembly, housing, and other projects in areas that are being revitalized. EIFD is financed through tax increments generated from the growth in value of property within the designated district boundary.
Following are some EIFD examples, and further detail can be found at: https://caled.org/wpcontent/uploads/2023/07/05.04.23_CALED_TIF_2ndEdition.pdf. The example list below includes two notable projects located in Sacramento, namely West Sacramento, for the benefit of West Sacramento, and Aggie Square, for the benefit of the City of Sacramento. Formation of EIFDs do not require voter approval, but a 55% vote approval is required for EIFD’s issuance of bonds, which has seen a high success rate in urban areas. The table below describes example locations and use of funds in California.
• IBank: California state supported infrastructure financing is deeply supported by the California Infrastructure and Economic Development Bank (www.ibank.com.gov/loan/infrastructure).
IBank has supported numerous cities throughout California, including Pittsburgh, Santa Cruz, Laguna Beach, Escondido, Sacramento, and San Diego, to name a few. An IBank representative can be contacted to present an in-depth overview of their program through the above URL. 576
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IBank’s programs also include climate financing, which presents an additional component through which the city can source funding to mitigate climate impact by incorporating housing such as solar or programs like onsite water retention, low water demand appliances, and landscaping design to name a few. In general, $1,000,000—$65,000,000 threshold amounts are considered with terms of up to 30 years.
• Community Finance District (CFD): CFDs are private underwriting and special assessment bonds issued where the final funded amount is based on the full tax assessment of the collective improved parcels. A CFD is generally utilized where no other source of financing is available and in which a specific boundary is set up where the levied taxes are then applied to improvements within that designated area. The funding can be provided through the Mello-Roos Community Act of 1982. The special tax district requires two thirds voter approval, making support approval more challenging.
• Revenue Bonds are a class of municipal bonds that generally require repayment from the income created from the investments. Stadium financing is a common example of this application. In the case of housing, other options presented in this section would be more appropriate. • General Obligation Bonds: next to EIFDs or CFDs, these bonds are attractive for local government, but two thirds voter approval is required.
• AB 930 (pending legislative approval) will allow local governments to create an infrastructure financing district specifically referred to as a Reinvestment in Infrastructure for a Sustainable and Equitable California (RISE). If passed, AB930 enactment will take several more months before funding is available. The bill has passed its first committee approval. Qualifying parameters are as follows:
o Districts must submit plans in compliance with state standards. o A minimum of 20% of all new housing must be affordable, and a minimum of 50% of the funds must be spent on infill supportive infrastructure, including water, sewer, energy improvement, environmental cleanup, sidewalks, parks, transit facilities, and economic development.
Note:
▪ RISE districts will have access to TIF comprised of local property, sales and use tax increments, and state sales tax increment.
▪ RISE financed projects must pay prevailing wages to construction workers, among other labor standards.
Vertical Construction/Redevelopment Financing Sources
Adoption of the following policies will increase transparency and efficiency in the City of South Lake Tahoe’s redevelopment/development investment efforts.
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• Share information online about the city’s approximate construction costs including examples. .
The costs do not have to be precise, but should be indicative of overall project costs, if available.
Clearly disclose the initial development application process, plan check process, and all related fees (application, building permit, sewer, water, etc.). This will increase awareness of a potential development’s feasibility.
o If costs are not available, at a minimum provide a list of contractors, civil engineers, and architects as a resource. This information will assist out-of-state, and/or out-of-region interested parties who are considering investing in the City of South Lake Tahoe. o Create forms to facilitate application and remittance of fees to standardize content, incorporating TRPA required information. The goal is to ensure the applicant is provided complete information, eliminating (or reducing) back and forth time requesting additional information.
• Contact with each city department, including the Tahoe Regional Planning Authority (TRPA), should be located at a single site access point on the city’s website under “Planning.” As a best practice, any re-development/development application should also require TRPA to be brought in at the time of initial application.
o With any initial application, allow the applicant a forum in which initial feedback from all departments (fire, planning, engineering etc.) is provided in one meeting at one time to maximize feedback and minimize the risk of the initial application being circulated in a potential time-consuming loop of internal meetings. This feedback mechanism avoids any loss of customer connectivity.
• Post all department fees (permit fees, impact fees, and related calculations), including examples of how calculations are determined.
• Ideally, generate/create (or source externally) project feasibility development budgets for city owned buildable parcels to test financial feasibility. The hypothetical development budgets/feasibility studies should be based on the city specific property zoning and property types that the city would envision being developed for the parcel. Such an exercise allows for a base case understanding of the economic feasibility of small redevelopment or larger projects by city staff and elected officials.
o The value of this exercise is to determine alternate mechanisms, such as ground lease or joint venture or tax incentives, should select parcels be determined to be impractical for development.
o The cost determination exercise would also prompt zoning change considerations, such as higher density or mixed-use zoning. Higher costs would likely be absorbed over a higher unit count or higher overall project square footage. • Establish relationships with other cities facing similar challenges as the City of South Lake Tahoe to source best practices for expediting planning approval. Other cities would equally benefit, and 578
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inclusion of the Tahoe Regional Planning Authority within best practices would facilitate deeper overall alignment.
Incentives
Financial and related incentives directed at private investment are an important and effective way to stimulate redevelopment and new construction.
• Low Income Housing Tax Credits (LIHTC) are federally allocated tax credits and should be explored as a funding source. This information should be shared with users and developers in any RFP issued statement where housing is an integral component. • Identify all surplus property suitable for redevelopment. High priority sites should be considered for enhanced incentives. The application of an incentive program supports acceleration of redevelopment/development of high priority sites. Examples of direct financing incentives include the creation of a ground lease program, lowering out-of-pocket costs to the developer. In this case the lease rate/term should provide an adequate duration to recapture the land market value through a recapture method. Upon sale of property, for example, amortize the land value amount over the lease payment term duration (in essence a sale lease back). • Joint venture with private sector on high value locations through a competitive process. o A simple but effective method of a joint venture could be a land contribution with deed restrictions, such as dedication to low-income housing, creation of a green belt or natural preservation of land, higher density, or LEED certified project. • Properties owned by the City of South Lake Tahoe and identified by the city for sale should be offered through a competitive bid process, particularly if land held is subject to AB 1486 subsequently modified in 2020 (AB1486)—The Surplus Land Act. The Act requires public agency owned land for sale must first expose the property to a state published list of affordable housing developers.
o This is a standard approach to providing market awareness of a potential development.
Maximizing information with the initial RFP would generate the most initial interest.
Examples are maximum developable units per acre, market rate rents vs low income, and incentives if deemed prudent by the city to prompt or spur site specific activity. • Establish development parameters (on city website and outreach programs) including design, use, and other characteristics to allow fast track development. o A fast-track example would be submission of a city provided single family floor plan and design elements pre-approved by planning for standard lot size or lot configuration. o Provide a committed feedback timeline statement for building plan checks, such as 6-4-2 plan review process whereby initial building plan feedback is provided within 6 weeks.
The second submission for building plan changes and respective feedback is provided in 4 weeks, and final approval is provided in 2 weeks.
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Intentional Economic Development
South Lake Tahoe faces challenges including an affordable housing crisis, environmental preservation concerns, tourism dependency, wildfire risk, infrastructure and traffic congestion, social and economic inequality, limited health and social services, and climate change impacts. Economic development can play a vital role in addressing these challenges by diversifying the economy, supporting affordable housing development, enhancing workforce development, promoting environmental sustainability, improving infrastructure, and fostering community engagement. Collaboration among various sectors and stakeholders is crucial for implementing effective solutions. Case studies from other successful ski resort towns highlight best practices in areas such as land use, economic diversification, and community engagement, offering valuable insights for South Lake Tahoe's path towards sustainable and resilient economic growth.
South Lake Tahoe has a unique and complex challenge that can be an opportunity—the number of regulatory authorities and related economic development entities such as the Tahoe Regional Planning Authority (two states and their federal-based authority), South Lake Tahoe government agencies, California state and El Dorado governments, Sierra Economic Development District, Tahoe Prosperity Center, Lake Tahoe Visitors Authority, Tahoe Chamber of Commerce, among countless other partners in progress for South Lake Tahoe’s approach to resilient economic prosperity. This can become an opportunity with intentional economic development strategies, planning, and implementing actions specific to South Lake Tahoe. This foundation is necessary to successfully implement many of the recommendations in this report and challenges discussed with stakeholders.
Overarching Challenges Facing South Lake Tahoe
South Lake Tahoe, like many other mountain resort towns, faces a range of challenges that are intricately linked to its unique environment, economy, and social dynamics. These challenges are complex and multifaceted, affecting both residents and the town’s ability to sustain its long-term vitality.
1. Affordable Housing Crisis
One of the most pressing issues in South Lake Tahoe is the lack of affordable housing. The town's popularity as a tourist destination has driven up real estate prices, making it difficult for local residents and workers to find affordable housing. Seasonal workers, who are crucial to the local economy, often struggle to secure housing, leading to a transient population and a shortage of stable, year-round residents. This shortage of affordable housing has a ripple effect, contributing to workforce shortages in essential sectors like hospitality, healthcare, and education. 580
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2. Environmental Preservation
South Lake Tahoe is renowned for its stunning natural beauty, particularly Lake Tahoe itself, one of the clearest and deepest lakes in the world. And the Tahoe Regional Planning Authority is the primary unique regulatory entity that supports this. However, this environment is under constant threat from pollution, climate change, and overdevelopment. The challenge for South Lake Tahoe is balancing economic growth with environmental preservation. Increased tourism and development put pressure on natural resources, leading to issues such as water quality degradation, loss of wildlife habitat, and forest health decline. Managing this balance is crucial to maintaining the town’s appeal and ecological health.
3. Tourism Dependency
The economy of South Lake Tahoe is heavily dependent on tourism, particularly the ski industry in the winter and outdoor recreation in the summer. This dependency makes the town vulnerable to economic downturns and fluctuations in tourist numbers due to factors like weather conditions, wildfires, and broader economic trends. For example, poor snowfall in winter can significantly reduce tourist numbers, impacting local businesses and employment. Similarly, wildfires, which have become more frequent and intense due to climate change, can lead to evacuations, reduced air quality, and a decline in visitor numbers.
4. Wildfire Risk
The risk of wildfires is a growing concern for South Lake Tahoe. The region's forests are increasingly susceptible to wildfires due to a combination of factors, including prolonged drought, higher temperatures, and accumulated forest fuels. The 2021 Caldor Fire, which forced the evacuation of South Lake Tahoe, underscored the town's vulnerability to these natural disasters. Wildfires pose a direct threat to life and property, but they also have long-term consequences for tourism, air quality, and the overall health of the forest ecosystem.
5. Infrastructure and Traffic Congestion
South Lake Tahoe's infrastructure, including roads, public transportation, and utilities, is often strained by the influx of tourists, especially during peak seasons. Traffic congestion is a significant issue, particularly on weekends and holidays when the town experiences an influx of visitors. The limited road network and the town’s geographic constraints exacerbate these problems, leading to long delays and a negative experience for both residents and tourists. Upgrading infrastructure to accommodate the town’s seasonal population swings is challenging, both logistically and financially. 581
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6. Social and Economic Inequality
There is a growing disparity between the affluent visitors and second-home owners who frequent South Lake Tahoe and the lower-income residents who work in the service industry. This economic divide has led to social tensions and a sense of exclusion among long-term residents, who feel marginalized by the town's focus on catering to tourists and wealthy part-time residents. The high cost of living, coupled with relatively low wages in the service sector, exacerbates these inequalities and creates challenges in retaining a stable, year-round workforce.
7. Health and Social Services
Access to health and social services is another challenge in South Lake Tahoe, particularly for lowerincome residents and seasonal workers. The town's remote location and relatively small size limit the availability of healthcare facilities, mental health services, and social support programs. This can make it difficult for residents to access the care they need, particularly during the off-season when the town’s population decreases, and some services may be reduced.
8. Climate Change
Finally, climate change poses a long-term threat to South Lake Tahoe. Warmer temperatures and changing precipitation patterns are affecting snow levels, which in turn impacts the ski industry—a major economic driver for the town. Additionally, climate change is contributing to the increased frequency and intensity of wildfires, as well as changes in the lake's ecosystem. These environmental shifts could have profound implications for South Lake Tahoe’s economy, environment, and way of life.
Addressing these challenges requires comprehensive planning, community engagement, and a commitment to sustainable development that balances economic growth with the preservation of South Lake Tahoe’s unique natural and social environment.
Foundation for Intentional and Resilient Economic Development Through a strategic blend of policies, regulations, plans, incentives, and taxes, the City of South Lake Tahoe can lay a robust foundation for resilience that hinges on cross-sector collaboration among all levels of government, non-governmental organizations, the private sector, and the community. This comprehensive approach ensures that every stakeholder is engaged in the collective effort to build and sustain a resilient community.
It is necessary to have a skilled economic developer that represents the mission, vision, and needs of the City of South Lake Tahoe, whether it is a retained consulting firm, new organization or agency, or a dedicated full time city employee or employees. Intentional economic development is the foundation for 582
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virtually all the challenges discussed in this report. Ideal economic developers include the following skill sets to build an intentional resilient economy:
Coordination is key to achieving this goal. By developing clear plans and strategies, establishing task forces, and setting well-defined outcomes, the city can align efforts across sectors and ensure that resources are directed toward the most impactful initiatives. Prioritizing funding based on coordinated plans allows the city to address the most pressing challenges first, ensuring that actions are both strategic and effective. Cross-sector collaboration enhances coordination, ensuring that all voices are heard and that solutions are comprehensive and inclusive. This is particularly important for a city like South Lake Tahoe that has so many stakeholders.
Understanding and managing the consequences of these efforts is equally important. By adhering to leading practices and establishing minimum standards, the city can ensure that all initiatives meet a baseline of quality and effectiveness. Setting clear timelines and managing expectations are crucial components of this process, as they provide a roadmap for progress and help maintain accountability.
When all stakeholders are aware of what is expected and when it is expected, the likelihood of successful outcomes increases.
Building capacity within and across organizations is fundamental to sustaining efforts over the long term.
Effective management of funding and grants, coupled with a commitment to transparency, ensures that resources are used efficiently and ethically. Sustainability must be at the core of capacity-building efforts, as it ensures that the strategies implemented today will continue to provide benefits well into the future.
By strengthening the foundational capacities of its organizations, the city enhances its ability to adapt and thrive in the face of challenges.
Developing strong capabilities in project management, procurement, relationship-building, and networking is essential for the successful implementation of strategies. Effective project management ensures that initiatives are completed on time and within budget, while strategic procurement practices ensure that resources are acquired efficiently. Relationship-building and networking are critical for fostering collaboration and partnership across sectors, enabling the sharing of knowledge, resources, and best practices. These capabilities are the engines that drive the successful execution of plans and the realization of a shared vision for a resilient community.
By focusing on coordination, managing consequences, building capacity, and developing key capabilities, the city of South Lake Tahoe can create a resilient foundation that supports sustainable growth and prosperity. Through cross-sector collaboration, the strengths of all stakeholders are leveraged to achieve outcomes that are greater than the sum of their parts, ensuring that the community is well-prepared to face the challenges of today and tomorrow.
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Significance of Intentional and Resilient Economic Development The interconnectedness of government, infrastructure, health and social services, economic sectors, natural and cultural resources, and housing forms the foundation of a thriving and resilient community.
Each sector plays a vital role in supporting and reinforcing the others, creating a dynamic system where the well-being of residents and the overall prosperity of the community are mutually sustained. That being said, the economic sector is typically the glue that ties the sectors together for the short and long term.
The Economic Sector drives the community's prosperity, creating jobs, generating income, and providing the resources needed to invest in other sectors. Economic growth depends on infrastructure to support business operations, a healthy workforce to sustain productivity, and adequate housing to attract and retain talent. Economic policies and activities must also consider the preservation of natural and cultural resources, as these assets contribute to the community's attractiveness and long-term sustainability.
Housing is a critical component that intersects with all other sectors. Affordable and accessible housing is essential for attracting and retaining residents, supporting workforce stability, and ensuring that all members of the community have a safe place to live. Housing development must be carefully planned in conjunction with infrastructure expansion, health services, and environmental preservation to create sustainable, livable communities. Adequate housing also supports social equity, reducing the strain on health and social services by providing stable living conditions for all local residents.
Government serves as the central coordinator, setting policies, allocating resources, and ensuring that all sectors work together harmoniously. Effective governance is crucial for creating a stable environment where infrastructure projects can be planned and executed, health and social services are adequately funded, and economic growth is fostered. Government policies also play a significant role in the preservation of natural and cultural resources, which are essential for maintaining the community's identity and environmental health.
Infrastructure provides the physical foundation necessary for all other sectors to function. Reliable transportation, utilities, and communication networks enable economic activities, support health services, and ensure that housing developments are accessible and sustainable. Well-planned infrastructure connects residents to jobs, healthcare, education, and social services, contributing to a higher quality of life and fostering economic resilience.
Health and Social Services are directly tied to both infrastructure and housing. Accessible healthcare, public education, and social support systems are critical for maintaining a healthy workforce and addressing the needs of vulnerable populations. These services rely on robust infrastructure to deliver care effectively and depend on adequate housing to ensure that all residents have a safe and stable 584
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environment in which to live. A healthy population, in turn, supports economic productivity and reduces the burden on social services.
Natural and Cultural Resources are integral to a community’s identity and quality of life. These resources not only provide environmental benefits but also support economic activities such as tourism, recreation, and agriculture. Preserving natural landscapes and cultural heritage requires coordinated efforts between government, economic planning, and infrastructure development. Protecting these resources ensures that they continue to enhance the community’s social fabric and economic potential.
These sectors are deeply interconnected, each influencing and supporting the others to create a holistic system that drives the overall health, prosperity, and resilience of the community. Effective coordination and integration across these areas are essential for fostering sustainable development and improving the quality of life for all residents.
Core Principles of Intentional and Resilient Economic Development Enhancing the quality of life is crucial for economic development as it attracts residents, workers, and businesses. This involves investing in amenities, public services, and a healthy environment. Business retention and expansion are also vital for economic vitality, requiring support for existing businesses and strategic outreach to new industries. Diversifying industries, fostering a resilient supply chain, promoting entrepreneurship and innovation, and supporting small businesses are key strategies. Additionally, workforce development and talent attraction and retention are essential, along with ensuring site readiness and strategic land use planning. These factors contribute to long-term economic success:
Enhancing the quality of life is a fundamental pillar of economic development, as it directly impacts the ability to attract and retain residents, workers, and businesses. A high quality of life, characterized by excellent amenities, robust public services including schools, and a healthy environment, makes a community more attractive to potential residents and businesses alike. Investments in parks, cultural institutions, and infrastructure, alongside efforts to ensure safety and sustainability, are crucial to fostering a thriving community in which people want to live and businesses want to invest.
Business retention and expansion are critical to sustaining economic vitality. By supporting existing businesses through tailored programs, local governments can help them navigate challenges and seize opportunities for growth. This not only preserves jobs but also strengthens the local economy by reinforcing the foundations of the community's business ecosystem. Providing resources, facilitating networking, and reducing barriers are essential strategies to ensure businesses can thrive and expand within the community. These strategies not only require consistent outreach, networking, and communication with the existing business community and developers but also strategic outreach to new industries, developers, businesses, and site selectors. 585
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Industry diversification is key to building a resilient economy. Relying too heavily on a single industry can make a community vulnerable to economic downturns. By encouraging the development of various industries, communities can mitigate risks and create a more balanced economy. Diversification efforts might include fostering emerging sectors, supporting local startups, and attracting new industries that align with the community’s strengths and values.
A resilient supply chain is vital for ensuring the stability of local businesses, especially in times of crisis.
Developing and maintaining strong, diverse supply chains that can adapt to disruptions is essential for the uninterrupted flow of goods and services. Strategic partnerships, local sourcing, and investments in infrastructure can help create a supply chain that is robust, flexible, and capable of withstanding economic shocks.
Promoting entrepreneurship and innovation is crucial for economic growth and competitiveness.
Supporting entrepreneurs through incubators, mentorship programs, and access to resources fosters a culture of innovation that can lead to the creation of new businesses and industries. By encouraging creativity and providing the tools needed to turn ideas into viable businesses, communities can spur economic development and job creation.
Small business support and access to capital are essential for nurturing the local economy. Small businesses are often the backbone of communities, providing jobs and unique services. Ensuring that these businesses have access to the capital they need, whether through loans, grants, or investment programs, is vital for their growth and sustainability. Additionally, providing technical assistance and networking opportunities can help small businesses thrive in competitive markets.
Workforce development and talent retention and attraction are critical to meeting the needs of local employers and fostering economic growth. By investing in education, training programs, and workforce development initiatives, communities can ensure their workforce has the skills needed for current and future jobs. Additionally, strategies to attract and retain talent, such as creating desirable living conditions and offering career advancement opportunities and affordable housing, are key to building a strong, dynamic workforce.
Site readiness, land use, and real estate inventory are important factors in economic development.
Ensuring that land and real estate are ready for development, with appropriate zoning and infrastructure in place, makes a community more attractive to potential investors. Strategic land use planning can facilitate growth, support sustainable development, and help maintain a balance between residential, commercial, and industrial needs, ultimately contributing to the community’s long-term economic success.
A multifaceted approach to economic development is essential for South Lake Tahoe's long-term success.
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industries, and investing in workforce development, infrastructure, and affordable housing are all crucial components of a thriving and resilient economy. By prioritizing these areas and fostering collaboration among various stakeholders, South Lake Tahoe can create a sustainable and prosperous future for its residents and businesses alike.
Intentional Economic Development in South Lake Tahoe
Economic development can play a critical role in supporting South Lake Tahoe by addressing several of the town’s most pressing challenges, including affordable housing, environmental sustainability, and the diversification of its economy with skilled economic developers. Following are some high level, general ways economic development initiatives can benefit South Lake Tahoe with city-focused economic developers.
1. Diversification of the Economy
South Lake Tahoe’s economy is heavily dependent on tourism, which makes it vulnerable to fluctuations caused by seasonal changes, economic downturns, and environmental factors like wildfires and droughts. Economic development efforts could focus on diversifying the local economy by attracting and supporting industries beyond tourism. These could include:
● Promoting Remote Work: With the rise of remote work, South Lake Tahoe could attract professionals who can work from anywhere. By enhancing digital infrastructure, creating coworking spaces, and marketing the town as a desirable place for remote workers, the town can attract a new demographic that contributes to the local economy year-round. ● Encouraging Green and Blue Economies: Leveraging its natural environment, South Lake Tahoe can promote industries related to renewable energy, environmental conservation, and sustainable outdoor recreation. Supporting businesses in these sectors can create jobs that align with the town’s environmental values.
● Supporting Local Entrepreneurship: Encouraging and supporting local entrepreneurship can help diversify the economy. Providing resources such as business incubators, grants, and mentorship programs can help local residents start businesses in sectors like technology, healthcare, and sustainable agriculture.
2. Affordable Housing Development
Economic development initiatives can directly support affordable housing by:
● Creating Incentives for Affordable Housing: Local governments can work with developers to create incentives for building affordable housing, such as tax breaks, subsidies, and streamlined 587
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permitting processes. This can help bridge the gap between high land and construction costs and the need for affordable units.
● Public-Private Partnerships: Economic development can foster partnerships between the public sector, private developers, and non-profits to create affordable housing. These partnerships can leverage different funding sources and expertise to build and manage housing that meets the needs of the local workforce.
● Utilizing Economic Development Funds: Allocating a portion of economic development funds to affordable housing projects can help finance the construction of new units or the rehabilitation of existing properties. This approach ensures that housing is prioritized as part of the town’s broader economic strategy.
3. Workforce Development
A strong and well-trained workforce is essential for economic development. South Lake Tahoe can enhance workforce development by:
● Investing in Education and Training: Developing local talent through vocational training, apprenticeship programs, and partnerships with local colleges can ensure that residents have the skills needed for high-demand jobs. This is particularly important in sectors like healthcare, technology, and green industries.
● Supporting Seasonal Workers: Given the town’s reliance on seasonal workers, economic development efforts can focus on providing these workers with stable employment and housing options. This could include developing year-round employment opportunities and creating workforce housing solutions that cater specifically to seasonal workers. ● Attracting and Retaining Talent: Creating a vibrant community with affordable housing, quality education, and recreational opportunities can help attract and retain talent. Marketing South Lake Tahoe as a great place to live and work, not just visit, can help build a more stable, yearround population.
4. Environmental Sustainability
South Lake Tahoe’s natural environment is both a major asset and a key factor in its long-term economic success. Economic development initiatives can support environmental sustainability by:
● Promoting Eco-Tourism: By focusing on sustainable tourism practices, South Lake Tahoe can attract visitors who are interested in low-impact activities like hiking, cycling, and eco-friendly 588
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accommodations. This approach can help protect the environment while still benefiting from tourism.
● Supporting Renewable Energy Projects: Investing in renewable energy projects, such as solar or wind power, can reduce the town’s carbon footprint and create jobs in the green energy sector.
Economic development initiatives can include incentives for businesses and homeowners to adopt renewable energy solutions.
● Incorporating and Embracing Sustainable Development Practices Already in Place: Ensuring that new developments adhere to environmentally sustainable practices can help preserve the natural beauty and resources of South Lake Tahoe. Economic development policies can encourage or require developers to incorporate green building practices, energy efficiency, and water conservation measures into their projects.
5. Infrastructure Improvements
Infrastructure is a key component of economic development. By improving infrastructure, South Lake Tahoe can support economic growth and enhance the quality of life for residents and visitors alike:
● Upgrading Transportation Infrastructure: Improving roads, public transportation, and pedestrian-friendly pathways can alleviate traffic congestion and make it easier for residents and tourists to navigate the town. Enhanced transportation infrastructure can also support economic growth by improving access to businesses and reducing the environmental impact of vehicle emissions.
● Enhancing Digital Connectivity: Expanding high-speed internet access and improving digital infrastructure can attract remote workers and technology-based businesses. Investment in connectivity is crucial for diversifying the local economy and supporting modern business needs. ● Investing in Public Facilities: Upgrading and maintaining public facilities like parks, recreational centers, and cultural venues can improve the quality of life for residents and make South Lake Tahoe a more attractive place to live and visit. These investments can also support the town’s tourism industry by providing amenities that enhance the visitor experience.
6. Community Engagement and Planning
Effective economic development requires input and support from the community. Engaging residents, businesses, and other stakeholders in the planning process ensures that economic development initiatives align with the community’s needs and values:
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● Developing a Comprehensive Economic Development Plan: Creating a long-term economic development plan that incorporates community input can help guide growth and investment in a way that benefits everyone. This plan should address key issues like housing, workforce development, and environmental sustainability.
● Encouraging Community-Led Projects: Supporting community-led projects, such as local markets, festivals, and small business initiatives, can foster a sense of ownership and pride among residents. These projects can also contribute to the local economy by attracting visitors and supporting local businesses.
By taking a holistic approach that integrates economic growth with social and environmental sustainability, South Lake Tahoe can build a resilient economy that benefits both residents and visitors, ensuring the town’s long-term vitality.
Incorporating Resilience as an Investment
Preparing for unexpected economic events is crucial, as the cost of being ill-prepared can be significant. A proactive approach to planning and strategy can help mitigate the impacts of unforeseen challenges and ensure long-term success.
One key aspect of preparation is developing a strategic and informed approach to prioritizing projects for funding. By focusing on initiatives that offer the potential for long-term transformational growth, communities can build resilience and create a foundation for sustained economic prosperity.
It is also essential to remain nimble and flexible in the approach, allowing for the ability to pivot as necessary in response to changing circumstances. Adaptability is a critical component of effective economic planning, enabling communities to navigate uncertainty and seize new opportunities as they arise.
Providing creative and bold solutions is another vital aspect of economic resilience. Innovative thinking can drive progress and help address complex challenges, ensuring that strategies remain relevant and impactful in the face of evolving economic landscapes.
Finally, it is important to continuously review and update plans, policies, and projects, incorporating a bold vision for the future. Regular reassessment ensures that strategies remain aligned with long-term goals and are capable of driving meaningful change over time.
Nexus of Economic Development and Affordable Housing
Economic development initiatives can support affordable housing development in South Lake Tahoe by creating incentives for affordable housing, such as tax breaks, subsidies, and streamlined permitting 590
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processes. Additionally, economic development can foster public-private partnerships to create affordable housing, leveraging different funding sources and expertise to build and manage housing that meets the needs of the local workforce. Finally, allocating a portion of economic development funds to affordable housing projects can help finance the construction of new units or the rehabilitation of existing properties. This approach ensures that housing is prioritized as part of the town’s broader economic strategy for the city’s workforce and local residents.
Affordable Housing in Ski Resort Towns—Challenges
Affordable housing in ski resort towns presents a unique set of challenges, primarily driven by the high demand for both seasonal and permanent housing in these desirable locations. The allure of mountain living, coupled with the seasonal influx of tourists, drives up real estate prices, making it difficult for locals and workers in the hospitality industry to afford housing. As a result, many ski resort towns experience a significant mismatch between the cost of housing and the wages typically earned in these communities, particularly for those employed in service industries.
One of the primary challenges is the limited availability of land for development. Ski resort towns are often situated in mountainous areas with restrictive zoning laws and environmental protections that limit the expansion of residential areas. This scarcity of land drives up property values, making it increasingly difficult to build affordable housing. Furthermore, the focus on high-end, luxury developments designed to cater to affluent tourists exacerbates the problem, as developers are more likely to invest in projects that promise higher returns rather than affordable housing.
The seasonal nature of the workforce in ski resort towns adds another layer of complexity. Many workers are only employed during the peak ski season, leading to a transient population that requires short-term housing solutions. This demand for temporary housing drives up rental prices, often pushing out longterm residents who cannot compete with the higher rents that seasonal workers or vacationers are willing to pay. Additionally, the lack of year-round employment opportunities means that even those who wish to stay in the area permanently may struggle to afford housing during the off-season when income is lower.
Efforts to address these challenges often involve the creation of subsidized housing programs or the development of workforce housing specifically designated for local employees. However, these solutions can be difficult to implement due to funding constraints, community resistance, and the logistical challenges of building in remote, mountainous areas. Without significant intervention, the affordability crisis in ski resort towns is likely to persist, further widening the gap between the local workforce and the housing market.
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Affordable Housing in Ski Resort Towns—Solutions
Addressing the affordable housing crisis in ski resort towns requires a multifaceted approach that involves collaboration between local governments, developers, businesses, and the community. Here are some potential solutions:
1. Incentivize Affordable Housing Development
Local governments can create incentives for developers to build affordable housing by offering tax breaks, subsidies, or fast-tracked permitting processes for projects that include a certain percentage of affordable units. These incentives can make it more financially viable for developers to include affordable housing in their plans, especially in areas where land costs and construction expenses are high.
2. Implement Inclusionary Zoning
Inclusionary zoning policies require developers to include a portion of affordable housing units in new developments. By mandating that a percentage of new construction be designated as affordable, communities can ensure that some housing remains accessible to low- and moderate-income residents. In exchange, developers might be allowed to build at higher densities or receive other benefits, making the policy more palatable to them.
3. Public-Private Partnerships
Public-private partnerships can be an effective way to fund and develop affordable housing. Local governments can collaborate with private developers and non-profit organizations to pool resources, share risks, and leverage expertise. These partnerships can result in mixed-use developments that include affordable housing, commercial spaces, and community amenities, creating vibrant and sustainable communities.
4. Community Land Trusts
Community land trusts (CLTs) are non-profit organizations that acquire and hold land for the benefit of the community. By removing the cost of land from the equation, CLTs can offer housing at below-market rates. The land remains under the ownership of the trust, while residents own the buildings on the land, ensuring that the housing remains affordable in perpetuity. This model is particularly effective in highcost areas like ski resort towns, where land prices are a major barrier to affordable housing.
5. Seasonal and Workforce Housing
Creating dedicated seasonal and workforce housing can address the specific needs of transient and lowincome workers. These developments can be built using modular or prefabricated construction methods 592
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to reduce costs and construction time. Additionally, businesses that rely on seasonal workers, such as ski resorts, can invest in or partner with developers to create housing specifically for their employees, ensuring that their workforce has access to affordable accommodations.
6. Adaptive Reuse of Existing Buildings
In some ski resort towns, there may be underutilized or vacant buildings that could be repurposed for affordable housing. Adaptive reuse of hotels, motels, or other commercial properties can provide a quick and cost-effective solution to the housing shortage. These buildings can be renovated to meet residential standards and converted into affordable housing units.
7. Regulate Short-Term Rentals
The proliferation of short-term rentals, such as those listed on Airbnb, can exacerbate housing shortages by reducing the availability of long-term rental units. Local governments can regulate short-term rentals by imposing caps on the number of nights a property can be rented out or requiring owners to obtain licenses. While regulations and policies already exist, exploring opportunities to expand or incentivize property owners by limiting the number of homes that are converted into vacation rentals, communities can preserve more housing for local residents and workers.
8. Supportive Housing Programs
Supportive housing programs provide not only affordable housing but also services such as job training, childcare, and transportation assistance to help residents maintain stable employment and housing.
These programs are especially important in ski resort towns, where the high cost of living can make it difficult for residents to achieve long-term financial stability. By offering wraparound services, supportive housing can help residents stay in their communities and contribute to the local economy.
9. Engage the Community
Community engagement is essential in addressing affordable housing issues. Local residents and stakeholders should be involved in the planning and decision-making process to ensure that solutions are tailored to the specific needs and concerns of the community. Engaging the community can also help to build support for affordable housing initiatives and reduce opposition to new developments.
By implementing a combination of these solutions, ski resort towns can begin to address the affordable housing crisis and create more sustainable, inclusive communities where both residents and seasonal workers can afford to live.
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Conclusion
The action steps and recommendations detailed in this report will require focus, collaboration, and participation by a broad set of community stakeholders. An active, coordinated effort, supported by broad involvement, will be beneficial to all parties and provide the housing options and services needed within the City of South Tahoe community.
It is evident there is a great opportunity to develop public lands in the Mid-Town area for the benefit of local residents while deemphasizing service to visitors. There are four areas within the boundary that present particular opportunities: the 56-acre public center, redevelopment of the shopping center site, reinvestment in the Bijou Community Park and Golf Course, and amortization of the “tail.” The need to address the underserved supply of affordable housing in South Lake Tahoe is a clear priority.
The creation of market-rate and affordable housing suitable for local workers and residents is of the utmost importance.
It was also evident that the process of development in South Lake Tahoe is difficult to navigate.
Improving the process is a critical objective. With numerous steps, decision makers and reviews, the requirements sometimes change during the planning and development process, creating an even lengthier process. The net effect is to discourage development, exacerbating the housing shortage, particularly at the lower price point or for multi-family housing.
There are opportunities for improvement through process streamlining and reducing the likelihood of project cost overruns. A most important tool would be to prepare and implement use of a coordinated Master Checklist to include City, TRPA, and County requirements. This Master Checklist would serve to streamline and clarify the process of development. It should incorporate the planning goals as well as the regulatory requirements.
Clearly understanding the housing supply, based on current data, should include coordination across city departments. Identifying pending construction, in process and fully approved, will also be helpful as input to decision making and planning in forecasting supply trends. Establishment of a central registry of housing opportunities, both current and those expected to hit the market, would significantly impact connecting existing supply and units under construction/renovation with those new to the area or new to the market.
As South Lake Tahoe grapples with the challenges of providing affordable and adequate housing for its residents, it is essential to explore innovative and flexible solutions. Traditional housing models alone may not suffice to meet the diverse needs of the community, especially in a landscape marked by fluctuating economic conditions and evolving demographic trends. Embracing innovative housing strategies can offer practical, scalable, and sustainable solutions. 594
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The implementation of comprehensive data collection and analysis systems is a foundational step towards achieving the housing and development goals of South Lake Tahoe. In the rapidly evolving landscape of real estate and urban development, effective decision-making hinges on the availability and analysis of comprehensive data. South Lake Tahoe, like many other communities, faces the challenge of aligning its housing strategies with the needs of its residents. By prioritizing regular needs assessments, integrated data platforms, real-time monitoring, and community engagement, the city can build a datadriven approach to urban planning that is both responsive and sustainable.
Through a strategic blend of policies, regulations, plans, incentives, and taxes, the City of South Lake Tahoe can lay a robust foundation for resilience that hinges on cross-sector collaboration among all levels of government, non-governmental organizations, the private sector, and the community. This comprehensive approach ensures that every stakeholder is engaged in the collective effort to build and sustain a resilient community. Data informed decision making supports robust stakeholder engagement for ideal economic resilience planning.
Intentional economic development is a key strategy to build resilience and address the community’s challenges. A retained consulting firm, dedicated organization, or staff person can drive economic development. Intentional economic development is the foundation for virtually all the challenges discussed in this report. Economic development strategies can prioritize sustainability, diversification, and community well-being. Economic diversification is crucial for mountain resort towns to reduce their dependency on seasonal tourism and ensure year-round economic stability. Several ski resort towns have successfully implemented strategies to diversify their economies, and South Lake Tahoe can learn from their experience. Economic development can play a critical role in supporting South Lake Tahoe by addressing many of the town’s most pressing challenges, including affordable housing, environmental sustainability, and the diversification of its economy with skilled economic developers. By adopting a holistic approach that integrates economic growth with environmental and social considerations, it is possible to build a resilient economy capable of thriving in the face of challenges. 595
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Appendix I - June 2024 Single Family Sales Market Analysis SOUTH TAHOE ASSOCIATION OF REALTORS® MULTIPLE LISTING SERVICE
STATISTICS SINGLE FAMILY/RESIDENTIAL MARKET ANALYSIS
*Median sold data based on a twelve month period (one year period ending the last day of the statistical month/year in the first column.) Statistical Data provided STAR MLS. Deemed reliable, but not guaranteed.
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Appendix II - June 2024 Condo/Townhome Market Analysis
South Tahoe Association of REALTORS® Multiple Listing Service Statistics Single Condo/Townhome Residential Market Analysis
*Median sold data based on a twelve month period (one year period ending the last day of the statistical month/year in the first column.) Statistical Data provided STAR MLS. Deemed reliable, but not guaranteed.
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Appendix III - Leading Practices Research
Learning from other Mountain and Resort Communities
Researching other ski resort mountain towns can provide South Lake Tahoe with valuable insights into successful strategies for addressing common challenges. By examining case studies of other towns, South Lake Tahoe can learn about best practices in areas such as land use and regulation, economic diversification successes and failures, tourism and community interaction, and recreational and visitor enhancements. This research can inform the development of effective policies and initiatives tailored to South Lake Tahoe's unique needs and goals.
To gain insights into effectively addressing the challenges faced by South Lake Tahoe, researching other ski resort mountain towns can be immensely beneficial. Investigating case studies from towns like Whistler, Park City, Aspen, Jackson Hole, and Zermatt can reveal best practices in various areas crucial for sustainable development. For instance, examining land use and regulation practices can help South Lake Tahoe understand how these towns balance development with environmental preservation.
Analyzing economic diversification successes and failures can provide valuable lessons on fostering a resilient and year-round economy. Studying tourism and community interaction can offer insights into creating a harmonious relationship between visitors and residents.
Additionally, exploring recreational and visitor enhancements can guide South Lake Tahoe in developing amenities that cater to diverse interests while minimizing environmental impact. This research can be conducted through various channels, including attending the Mountain and Resort Town Planners Summit, consulting with organizations like Vail Resorts and the National Ski Areas Association, and reviewing published case studies and reports. By leveraging the experiences of other successful ski resort towns, South Lake Tahoe can develop targeted policies and initiatives that promote sustainable and resilient economic growth while preserving its unique natural and social environment.
Examples of Economic Development in Ski Resort Towns
Ski resort towns face unique challenges in economic development and resilience due to their reliance on tourism, seasonal fluctuations, and environmental vulnerabilities. However, some towns have implemented innovative and effective strategies to foster sustainable economic growth, diversify their economies, and build resilience. The following sections include preliminary examples that may or may not have the results or ideas that align with South Lake Tahoe. In any case, they are great ways to look at leading practices and other examples to get creative ideas flowing among key stakeholders. 598
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1. Whistler, British Columbia, Canada
Economic Diversification and Environmental Stewardship: Whistler is widely recognized as a leader in sustainable economic development. The town’s approach integrates environmental stewardship with economic diversification to ensure long-term resilience. ● Whistler 2020 Vision: This comprehensive plan outlines long-term sustainability goals for the community, including economic diversification, environmental protection, and social well-being.
Whistler 2020 emphasizes reducing the town’s carbon footprint, preserving natural resources, and fostering a vibrant, year-round economy.
● Diversification through Events and Cultural Activities: Whistler has expanded its appeal beyond winter sports by developing a robust calendar of cultural events, festivals, and conferences. These activities attract visitors throughout the year, reducing the town’s reliance on the winter season. The Whistler Film Festival and Crankworx, a world-renowned mountain biking event, are examples of successful initiatives that contribute to the town’s economic resilience.
● Green Economy Initiatives: Whistler promotes a green economy by supporting local businesses that focus on sustainability, renewable energy, and eco-friendly practices. The town’s efforts to reduce its carbon footprint include investing in public transit, energy-efficient buildings, and waste reduction programs.
2. Park City, Utah, USA
Public-Private Partnerships and Sustainable Development: Park City has taken proactive steps to ensure its economic development is sustainable and resilient, leveraging public-private partnerships and innovative planning.
● Economic Development Strategy: Park City’s Economic Development Plan focuses on diversifying the local economy by attracting technology companies, promoting remote work, and supporting creative industries. The town has successfully attracted tech companies and startups, which has created new job opportunities and reduced dependence on the ski industry. ● Public-Private Partnerships: Park City has leveraged public-private partnerships to fund and develop key infrastructure projects. For example, the town worked with private developers to create Kimball Junction, a mixed-use development that includes retail, office space, and housing.
This project has become a hub for economic activity and has helped diversify the local economy. ● Sustainability and Climate Action: Park City has committed to ambitious climate goals, including achieving net-zero carbon emissions by 2030. The town invests in renewable energy 599
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projects, energy efficiency programs, and sustainable transportation. These efforts not only protect the environment but also enhance Park City’s appeal as a destination committed to sustainability.
3. Aspen, Colorado, USA
Affordable Housing and Workforce Stability: Aspen is known for its proactive approach to affordable housing and workforce development, key components of its economic resilience strategy. ● Aspen/Pitkin County Housing Authority (APCHA): Aspen’s housing authority has implemented one of the most robust affordable housing programs in the country. APCHA’s programs ensure that local workers have access to affordable housing, which is crucial for maintaining a stable workforce and supporting the local economy. The town’s inclusionary zoning policies and deed-restricted housing programs are models for other resort communities. ● Philanthropy and Community Investment: Aspen’s affluent population has contributed to significant philanthropic investments in the community. Local foundations and non-profits fund initiatives in education, arts, and social services, enhancing the town’s resilience by supporting a high quality of life for all residents.
● Cultural and Economic Diversification: Aspen has developed a rich cultural scene, including world-class arts organizations like the Aspen Music Festival and School, the Aspen Art Museum, and the Aspen Institute. These institutions attract visitors year-round, contributing to the town’s economic diversification and reducing reliance on seasonal tourism.
4. Jackson Hole, Wyoming, USA
Conservation and Balanced Growth: Jackson Hole has successfully balanced economic development with environmental conservation, ensuring long-term resilience and sustainability. ● Teton County Comprehensive Plan: Jackson Hole’s comprehensive plan focuses on preserving the natural environment while supporting responsible economic growth. The plan emphasizes low-impact development, conservation of open spaces, and protection of wildlife habitats, ensuring that economic development does not come at the expense of the environment. ● Tourism and Conservation Partnership: Jackson Hole has cultivated a strong partnership between the tourism industry and conservation organizations. The Jackson Hole Travel & Tourism Board promotes responsible tourism practices, and a portion of the town’s lodging tax revenue is dedicated to conservation efforts. This approach aligns economic development with environmental stewardship, attracting visitors who value sustainability. 600
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● Adaptive Reuse and Sustainable Infrastructure: Jackson Hole has invested in adaptive reuse projects, converting existing buildings into housing, commercial spaces, and community facilities. This approach reduces environmental impact while providing much-needed infrastructure to support the local economy. The town’s commitment to sustainable development is also evident in its investments in renewable energy and energy-efficient buildings.
5. Zermatt, Switzerland
Sustainable Tourism and Year-Round Economic Activity: Zermatt is an exemplary model of a ski resort town that has achieved economic resilience through sustainable tourism practices and year-round economic diversification.
● Sustainable Tourism: Zermatt is a car-free town, emphasizing sustainable transportation and reducing the environmental impact of tourism. The town’s focus on preserving its natural beauty has made it a premier destination for eco-conscious travelers, enhancing its appeal and long-term sustainability.
● Year-Round Attractions: Zermatt has successfully developed a range of year-round attractions, including hiking, mountaineering, and cultural events, ensuring that the local economy remains robust even outside the winter season. The Gornergrat Railway and the Matterhorn Glacier Paradise are popular attractions that draw visitors throughout the year. ● Local Economic Initiatives: Zermatt supports local businesses through initiatives that encourage the production and sale of local goods, such as Swiss-made products and artisanal crafts. These initiatives strengthen the local economy by promoting local entrepreneurship and reducing reliance on imports.
These examples demonstrate how ski resort towns can successfully implement economic development strategies that prioritize sustainability, diversification, and community well-being. By adopting a holistic approach that integrates economic growth with environmental and social considerations, these towns have built resilient economies capable of thriving in the face of challenges.
Examples of Economic Diversification in Ski Resort Towns Economic diversification is crucial for ski resort towns to reduce their dependency on seasonal tourism and ensure year-round economic stability. Several ski resort towns have successfully implemented strategies to diversify their economies. Here are some examples:
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1. Park City, Utah, USA
Technology and Remote Work: Park City has actively pursued economic diversification by attracting technology companies and promoting remote work. The town’s proximity to Salt Lake City, combined with its high quality of life and outdoor amenities, has made it an attractive destination for tech companies and remote workers. Park City has supported this trend by investing in high-speed internet infrastructure, developing coworking spaces, and marketing the town as a desirable place for tech professionals and remote workers to live and work.
Cultural and Arts Events: Park City is also home to the Sundance Film Festival, one of the largest independent film festivals in the world. This event, which takes place each January, brings in significant revenue and international attention, helping to extend the tourist season beyond the winter months.
Additionally, the town hosts various arts and cultural events throughout the year, attracting visitors and supporting the local economy.
2. Aspen, Colorado, USA
Cultural Institutions and Conferences: Aspen has diversified its economy by becoming a hub for cultural and intellectual activities. The Aspen Music Festival and School, Aspen Institute, and Aspen Ideas Festival are world-renowned events and institutions that attract visitors and thought leaders yearround. These cultural and intellectual activities provide a significant economic boost during the summer and shoulder seasons, helping to stabilize the local economy.
Real Estate and Luxury Goods: Aspen has also capitalized on its reputation as a luxury destination by developing a robust real estate market and supporting high-end retail. The town attracts affluent secondhome owners and visitors, contributing to a vibrant economy that extends beyond the ski season.
3. Whistler, British Columbia, Canada
Year-Round Outdoor Recreation: Whistler has successfully diversified its economy by promoting yearround outdoor recreation. In addition to its world-class skiing, Whistler has developed extensive mountain biking trails, hiking paths, and golf courses, making it a popular destination during the summer months. The Whistler Mountain Bike Park, in particular, is a major draw for tourists, contributing significantly to the local economy outside of the winter season.
Conferences and Events: Whistler has also become a destination for conferences, weddings, and corporate retreats. The town’s scenic beauty and high-quality amenities make it an attractive location for events, providing a steady stream of visitors throughout the year. Whistler’s Conference Centre plays a key role in attracting business tourism, which further diversifies the local economy. 602
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4. Stowe, Vermont, USA
Craft Beer and Agritourism: Stowe has diversified its economy by tapping into Vermont’s growing craft beer and agritourism industries. The town is home to several craft breweries that attract beer enthusiasts from around the region. Additionally, Stowe’s proximity to local farms has allowed it to develop a thriving agritourism sector, where visitors can participate in farm tours, local food tastings, and agricultural events. These activities provide economic stability outside of the winter months and attract a different demographic of tourists.
Arts and Culture: Stowe has invested in its arts and cultural scene to attract visitors year-round. The town hosts various arts festivals, gallery tours, and theater productions, contributing to a more diversified and resilient economy. The Stowe Performing Arts organization, which organizes concerts and events, plays a crucial role in sustaining cultural tourism.
5. Jackson Hole, Wyoming, USA
Eco-Tourism and Conservation: Jackson Hole has embraced eco-tourism as a way to diversify its economy. The town is surrounded by national parks and wildlife refuges, including Grand Teton National Park and the National Elk Refuge, making it a prime destination for nature and wildlife enthusiasts. Eco-tourism activities such as wildlife safaris, photography tours, and educational programs attract visitors outside of the ski season, providing a stable revenue stream.
Health and Wellness Tourism: Jackson Hole has developed a niche in health and wellness tourism, with several luxury spas, wellness retreats, and outdoor wellness activities. The town’s natural hot springs, clean air, and serene environment make it an attractive destination for visitors seeking relaxation and rejuvenation. This focus on health and wellness contributes to economic stability and attracts visitors year-round.
6. Zermatt, Switzerland
Year-Round Attractions and Sustainable Tourism: Zermatt has diversified its economy by offering a wide range of year-round attractions, including hiking, mountaineering, and cultural experiences. The town’s car-free policy and commitment to sustainable tourism have made it a model for eco-friendly travel, attracting visitors interested in low-impact, nature-focused activities. The Matterhorn Glacier Paradise and Gornergrat Railway are popular year-round attractions that help sustain the local economy even during the off-season.
Luxury and Retail Sector: Zermatt’s luxury hotels, restaurants, and high-end retail stores cater to affluent tourists, contributing to a diversified economy. The town’s focus on high-quality services and products ensures a steady stream of visitors, regardless of the season, and supports a vibrant local economy. 603
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These examples illustrate how ski resort towns can successfully diversify their economies by leveraging their natural assets, investing in cultural and recreational activities, and embracing new industries. By doing so, they can reduce their dependence on seasonal tourism and build more resilient, year-round economies.
Examples of Affordable Housing Approaches in Ski Resort Towns Several ski resort towns have implemented innovative and effective approaches to addressing the affordable housing crisis, providing examples that could serve as models for other communities facing similar challenges. Here are a few examples:
1. Whistler, British Columbia, Canada
Whistler is often cited as a leading example of a ski resort town that has successfully addressed affordable housing. The Whistler Housing Authority (WHA) was established in 1997 to create and manage affordable housing options for local residents. The WHA developed a unique model that includes:
● Resident-restricted Housing: Homes built under the WHA's program are reserved for residents who work locally and meet income criteria. These homes cannot be rented out for short-term stays or sold at market rates, ensuring that they remain affordable for future generations. ● Employee Housing: Whistler has also created a significant amount of employee housing, including both seasonal and year-round options. Employers in the town contribute to the development of this housing through fees and partnerships, recognizing that a stable workforce is essential to the resort’s success.
● Diverse Housing Types: The WHA has developed a mix of housing types, including apartments, townhomes, and single-family homes, catering to different income levels and family sizes.
Whistler's proactive and comprehensive approach has resulted in over 6,000 beds of resident-restricted housing, accommodating nearly 75% of the town’s workforce in affordable housing.
2. Aspen, Colorado, USA
Aspen is another ski resort town that has taken significant steps to address affordable housing through the Aspen/Pitkin County Housing Authority (APCHA). Established in the 1980s, APCHA's program includes:
● Inclusionary Zoning: Aspen requires that new developments include a percentage of affordable housing units. Developers who do not include these units must pay a fee in lieu, which funds affordable housing projects elsewhere in the community. 604
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● Deed-Restricted Housing: Similar to Whistler, many affordable housing units in Aspen are deedrestricted, meaning they can only be sold to local workers and at a price determined by APCHA.
This ensures that homes remain affordable over the long term. ● Public-Private Partnerships: APCHA works closely with private developers to create affordable housing, leveraging both public funding and private investment to expand housing options for the local workforce.
Aspen's commitment to affordable housing has resulted in over 3,000 deed-restricted housing units, which house approximately 50% of the town’s workforce.
3. Jackson Hole, Wyoming, USA
Jackson Hole has faced significant affordable housing challenges due to its popularity and high real estate prices. The Teton County Housing Authority (TCHA) and Jackson/Teton County Affordable Housing Department have implemented several successful strategies:
● Housing Mitigation Program: Developers in Jackson Hole are required to provide a percentage of affordable housing units based on the size and type of their development. This program ensures that new developments contribute to the local housing stock. ● Land Acquisition and Partnerships: The Housing Authority has actively acquired land for affordable housing development and partnered with non-profit organizations and private developers to build these units. For example, The Grove and Redmond Street Rentals are successful projects that provide affordable housing options for local workers. ● Innovative Funding: Jackson Hole has utilized a variety of funding sources, including public bonds, federal grants, and private donations, to finance affordable housing projects. The town has also introduced a 1% sales tax, known as SPET (Specific Purpose Excise Tax), to fund community projects, including affordable housing.
4. Park City, Utah, USA
Park City has been proactive in addressing affordable housing through a variety of measures overseen by the Park City Municipal Corporation and the Mountainlands Community Housing Trust:
● Affordable Housing Plan: Park City has developed a comprehensive Affordable Housing Plan that outlines specific goals and strategies for creating and preserving affordable housing. The plan includes incentives for developers, land acquisition for housing, and the preservation of existing affordable units.
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● Inclusionary Zoning Ordinance: Park City's ordinance requires developers to provide affordable housing or pay a fee that contributes to a housing fund. The City has successfully used these funds to support affordable housing projects.
● Public-Private Partnerships: The city collaborates with non-profits like the Mountainlands Community Housing Trust to develop and manage affordable housing projects. These partnerships have resulted in successful developments like Silver Star and Snow Creek Cottages, which provide affordable options for local residents and workers. ● Employee Housing Programs: Park City has worked with local employers to create employee housing programs, ensuring that businesses can attract and retain workers by providing affordable living options.
5. Mammoth Lakes, California, USA
Mammoth Lakes has implemented several strategies to address affordable housing through the Mammoth Lakes Housing, Inc. (MLH):
● Community Housing Plan: The town's Community Housing Plan includes goals for the production and preservation of affordable housing, with specific targets for different income levels. The plan emphasizes a mix of rental and ownership opportunities. ● Density Bonuses and Fee Reductions: Mammoth Lakes offers density bonuses and fee reductions to developers who include affordable housing in their projects. These incentives encourage the private sector to contribute to the town’s affordable housing stock. ● Seasonal Workforce Housing: Recognizing the seasonal nature of its economy, Mammoth Lakes has developed workforce housing specifically for seasonal employees. This includes dormitorystyle housing and shared living spaces that are affordable and centrally located.
These examples demonstrate that with the right mix of policies, incentives, and community engagement, ski resort towns can make significant progress in addressing their affordable housing challenges. Each of these towns has tailored its approach to fit its unique circumstances, providing valuable lessons for other communities grappling with similar issues.
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Appendix IV - Economic Data Overview
The Counselors of Real Estate Consulting Corps met with several stakeholders during its time in South Lake Tahoe. This section reviewed feedback provided and also researched data and context from the National Economic Resilience Data Explorer and the Sierra Economic Development District Comprehensive Economic Development Strategy approved in June 2024.
To research further, the datasets and overviews are available on a Google drive (DATA). One could research the NERDE site as well (National Economic Resilience Data Explorer (NERDE). The Sierra Economic Development District (5 county region) Comprehensive Economic Development Strategy June 2024 provides invaluable information, including:
▪ Economic development capacity of South Lake Tahoe census tracts ▪ El Dorado County Snapshot and overview
▪ El Dorado County Distress stats, etc.
▪ El Dorado County comparison to surrounding counties
Data informed decision making supports robust stakeholder engagement for ideal economic resilience planning.
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Appendix V - Acknowledgements
We thank the National Association of REALTORS® for their support of the CRE Consulting Corps through the Transforming Neighborhoods program. We express our sincere appreciation to Sharon Kerrigan, Executive Vice President, and the leadership of the South Tahoe Association of REALTORS® and Zachary Thomas, Director of Development Services for the City of South Lake Tahoe, for the warm welcome. The CRE Consulting Corps team was privileged to talk to a wide variety of stakeholders while onsite in Springfield. Some of those people are listed below, and we thank them for their time. ▪ Dr. Michelle Batista, Lake Tahoe
Community College
▪ Alyssa Bettinger, TRPA
▪ Jerry Bindel, Lodging Association
▪ Carol Chaplin, Lake Tahoe Visitors
Authority
▪ Marlon Charneau, California Tahoe
Conservancy
▪ Cristi Creegan, Tahoe Chamber
▪ Todd Cutler, Lake Tahoe Unified School
District
▪ Scott Fair, NAI Tahoe Sierra
▪ Gavin Feiger, League to Save Lake
Tahoe
▪ Brendan Ferry, El Dorado County
▪ Karen Goldberg, Family Resource
Center
▪ Heidi Hill Drum, Tahoe Prosperity
Center
▪ John Hitchcock, City of South Lake
Tahoe
▪ Paul Hughes, South
Tahoe Public Utility District
▪ Joe Irvin, City of South Lake Tahoe
▪ Anna Kashuba, City of South Lake
Tahoe
▪ Sharon Kerrigan, South Tahoe
Association of REALTORS®
▪ Barbara Kopcho, St. Theresa's Catholic
Church
▪ Wendy Loomis, Washoe Development
Corporation
▪ Paul Nielsen, TRPA
▪ Bernadette Nieto, Washoe Tribe
▪ Chris Proctor, Barton Health
▪ Carl Ribaudo, SMG Consulting
▪ Scott Robbins, City of South Lake Tahoe
▪ Keith Roberts, Tahoe Investment Capital
and Stewarding
▪ Mark Salmon, Compass
▪ Christian Simental, St Theresa's Catholic
Church
▪ Phil Sirianni, Rossmore Enterprises
▪ John Stark, Parks and Recreation
Department
▪ Steve Teshara, Tahoe Chamber
▪ Zach Thomas, City of South Lake Tahoe
▪ Shelly Thomsen, STPUD
▪ Tobi Tyler, Sierra Club-Tahoe Area
Group
▪ Tami Wallace, City of South Lake Tahoe
▪ Duane Wallace, South Lake Tahoe
Chamber
▪ Danette Winslow, St Theresa's Catholic
Church
▪ Jude Wood, Boys & Girls Club
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Appendix VI—The Counselors of Real Estate
The Counselors of Real Estate® is an international organization of commercial property professionals from leading real estate, financial, law, valuation, and business advisory firms, as well as real property experts in academia and government.