Mammoth Lakes City Council
February 2, 2022

Town Council Agenda

Wednesday, February 2, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:

Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, Councilmember Kirk Stapp
NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (760) 965-3602. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 13.102-35.104 ADA Title II)
NOTE: Materials related to an item on this agenda submitted after distribution of the agenda packet are available for public inspection in the Town Offices located at 437 Old Mammoth Road, Suite 230 during normal business hours. Such documents are also available on the Town of Mammoth Lakes website at www.townofmammothlakes.ca.gov subject to staff’s ability to post the documents before the meeting.

NOTE: All comments will be limited to a speaking time of five minutes.

NOTE: This meeting will be conducted pursuant to the provisions of Assembly Bill 361 which amends certain requirements of the Ralph M. Brown Act. While Suite Z is still open to the public, it is strongly encouraged that you watch the Town Council meetings on the Town of Mammoth Lakes' website at www.townofmammothlakes.ca.gov , on the local government cable channel 18, or via Zoom. Public comments can be submitted to the Town Clerk at [email protected]. before and during the meeting.

ZOOM INFORMATION
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1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENTS
The Public Comment portion of the agenda provides the public with an opportunity to address the Town Council on matters not otherwise listed on the agenda. Under California law the Town Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the Town Council may briefly respond to comments or questions from members of the public. Therefore, the Town Council will listen to all public comment, but will not generally discuss the matter or take action on it. Requests for service from the Town may also be made at the Town offices during regular business hours.

Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration.

4. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.

5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED)

6. COUNCIL PRESENTATIONS

6.1. Introduce newly promoted Senior Planner/Housing Coordinator Nolan Bobroff.

7. CONSENT AGENDA

7.1. Approve the minutes of the regular meeting of January 19, 2022.

7.2. Approve the minutes of the special meeting of January 26, 2022.

7.3. Approve the resolution re-authorizing the Town Council to meet virtually during the COVID-19 pandemic declared emergency.

7.4. Accept Payment Approval Report No. 22-28 in the amount of $95,000. Accept Payment Approval Report No. 22-29 in the amount of $355,401.19. Accept Payment Approval Report No. 22-30 in the amount of $825,832.34.

8. POLICY MATTERS

8.1. Lease between the Town and Tesla Motors, Inc. for space at the new Community Recreation Center for electric vehicle charging stations.

8.2. Service Agreement with Eastern Sierra Transit Authority (ESTA) for transit related services.

8.3. Establish Goals for the Joint Meeting with Mammoth Lakes Housing.

8.4. Update on the Management and Response to the COVID-19 Pandemic.

8.5. Update on steps taken in response to Thompson incident.

8.6. Council Report on Town Manager Evaluation.

9. COUNCILMEMBER REPORTS
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities

10. ADJOURNMENT
The Town Council will adjourn to a special meeting to be held jointly with the Board of Mammoth Lakes Housing on Wednesday, February 9, 2022 at 5:00 p.m.

Town Council of Mammoth Lakes
Minutes of Regular Meeting
January 19, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser,
Councilmember Kirk Stapp
_____________________________________________________________________

1. CALL TO ORDER
The Mayor called the meeting to order at 4:00 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
Rob Patterson led the flag salute.

3. PUBLIC COMMENTS
Mayor Pro Tem Wentworth apologized for not thanking staff for their efforts with the motorist assist program over the holidays.

4. ADDITIONS TO THE AGENDA
There were no additions to the agenda.

5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Community and Economic Development Director Sandra Moberly reported on the recent Planning and Economic Development Commission (PEDC) meeting.

Town Council Minutes
January 19, 2022

Town Manager Daniel C. Holler reported that staff had removed the snow on the Canyon Boulevard sidewalk and had helped Caltrans remove snow on Main Street. There was discussion among members of Council and staff.

6. COUNCIL PRESENTATIONS

6.1 Recognition of retiring Public Works Maintenance Worker Scott Meredith.

Public Works Maintenance Manager Todd Murphy thanked Mr. Meredith for his years of service.

7. STAFF PRESENTATIONS

7.1 Update and Discussion on the Status of Broadband in the Town of Mammoth Lakes and Mono County.

Town Manager Daniel C. Holler introduced IT Director Nate Greenberg.

Mr. Greenberg gave a presentation regarding the 2022 Broadband Update. There was discussion among members of Council and staff.

7.2 The Parcel Year End Update.

Councilmember Sauser recused himself and left the meeting at 5:08 p.m. due to his ownership of property within 500 feet of The Parcel.

Councilmember Rea recused herself and left the meeting at 5:08 p.m. due to her rental of property within 700 feet of The Parcel.

Community and Economic Development Director Sandra Moberly gave an update regarding The Parcel. There was discussion among members of Council and staff.

Councilmembers Rea and Sauser returned to the meeting at 5:15 p.m.

8. CONSENT AGENDA
Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Bill Sauser
Approve the Consent Agenda.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp Carried (5 to 0)

Town Council Minutes
January 19, 2022

8.1 Approve the minutes of the regular meeting of January 5, 2022.

8.2 Accept Payment Approval Report No. 22-27 in the amount of $1,821,726.36. Accept Payment Approval Report No. 22-28 in the amount of $714,068.58.

9. PUBLIC HEARINGS

9.1 Consider adoption of an urgency ordinance making amendments to the Municipal Code to implement Senate Bill 9 related to urban lot splits and two-unit projects.

The Mayor opened the public hearing at 5:16 p.m.

Town Attorney Andrew Morris and Senior Planner/Housing Coordinator Nolan Bobroff outlined the information in the staff report. There was discussion among members of Council and staff.

With no members of the public coming forward to speak, the Mayor closed the public hearing at 5:40 p.m.

Moved by Councilmember Bill Sauser
Seconded by Councilmember Sarah Rea
Waive the reading and adopt by title only the urgency ordinance making amendments to the Municipal Code to implement Senate Bill 9 related to urban lot splits and two-unit projects.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)

10. POLICY MATTERS

10.1 Receive Update on the Draft Airport Capital Improvement Plan (ACIP) for Years 2022-2031 and Adopt ACIP by Resolution.

Deputy Airport Manager Sierra Shultz outlined the information in the staff report. There was discussion among members of Council and staff.

The Mayor called a recess at 6:01 p.m. and the Council reconvened at 6:11 p.m.

Town Council Minutes
January 19, 2022

Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Kirk Stapp
Approve the resolution adopting the Airport Capital Improvement Plan (ACIP) for Years 2022-2031.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)

10.2 Town Council Planning Goals and Funding for Mammoth Lakes Tourism FY 22-23.

Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and staff.

PUBLIC COMMENT:

John Urdi, Executive Director of Mammoth Lakes Tourism (MLT), commented on the Council discussion and next week's joint meeting with MLT. There was discussion among members of Council and Mr. Urdi.

CONSENSUS:

The Town Council agreed with the marketing focus proposed by staff. The Town Council agreed to the concept of a fixed dollar amount for funding.

10.3 Joint agreement regarding Mammoth Community Water District Fee Deferral for Mammoth Lakes Housing Access Apartments Project.

Town Manager Daniel C. Holler outlined the information in the staff report.

There was discussion among members of Council and staff.

PUBLIC COMMENT:

Patricia Robertson, Executive Director of Mammoth Lakes Housing, spoke in support of the proposed agreement.

Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp

Town Council Minutes
January 19, 2022

Approve fee deferral agreement between the Town, Mammoth Lakes Housing, and the Mammoth Community Water District for the Access Apartments project, subject to final legal review.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)

10.4 Update on COVID-19 Response, Statistics/Data and Management Actions.

Town Manager Daniel C. Holler gave an update regarding the pandemic.

There was discussion among members of Council and staff.

11. COUNCILMEMBER REPORTS
Councilmember Sauser attended the Eastern Sierra Transit Authority Board meeting, attended the Local Transportation Commission meeting, met with the AMS consultant regarding the Mammoth Arts and Culture Center (MACC), and attended the Town-sponsored Ethics Training.

Mayor Pro Tem Wentworth attended the Great Basin Unified Air Pollution Control District Board meeting, the State webinar regarding the Community Economic Resilience Fund, the Mono County Local Transportation Commission, and the Mono County COVID meeting.

Councilmember Stapp attended Ethics Training. He reported on Eastern Sierra Transit Authority (ESTA) ridership and the Mammoth Lakes Housing (MLH) waitlist.

12. CLOSED SESSION

12.1 Pursuant to Government Code Section 54957, the Council will hold a conference to consider evaluation of a public employee: Town Manager.

At 8:14 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.

13. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 9:17 p.m. and the Town Attorney announced that there was no reportable action taken.

Town Council Minutes
January 19, 2022

14. ADJOURNMENT
The Council adjourned the meeting at 9:17 p.m.

Jamie Gray, Town Clerk

Town Council of Mammoth Lakes
Minutes of Special Meeting
January 26, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser,
Councilmember Kirk Stapp
_____________________________________________________________________

1. CALL TO ORDER
The Mayor called the meeting to order at 4:01 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
Dan Holler led the flag salute.

3. PUBLIC COMMENTS
There were no public comments given at this time.

4. POLICY MATTERS

4.1 Town Council Joint Meeting with Mammoth Lakes Tourism to Discuss Planning Goals and Funding for Fiscal Year 22-23 Marketing Plan.

Mammoth Lakes Tourism (MLT) Board Member Eric Clark, Board Member John Morris, Board Member Deb Radcliff, Vice Chair Pat Foster, and

Town Council Minutes
January 26, 2022

Chair Jeremy Goico were in attendance. Treasurer John Mendel and Board Member Larry Crabb were absent.

Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and members of the Board regarding focus items. John Urdi, Executive Director of MLT, spoke about the CalTravel Association and other peer networks
PUBLIC COMMENT:

Ron Cohen, President of Mammoth and June Mountains, outlined his priorities for the Town. He said that MLT should be focused on visitation and air service.

CONSENSUS:

The Town Council and MLT Board agreed on the proposed focus items.

There was discussion among members of Council, members of the Board, and staff regarding funding.

CONSENSUS:

The Town Council agreed on $2 million to fund the contract with MLT.

PUBLIC COMMENT:

Mr. Cohen said that first priorities needed to be defined, then roles and responsibilities, then the funding, and finally the Town needed to decide what else they wanted to fund.

The Mayor called a recess at 5:59 p.m. and the Council reconvened at 6:09 p.m.

4.2 Resolution approving an application for the Fiscal Year 21 ARPA Travel, Tourism, and Outdoor Recreation funding opportunity.

Community and Economic Development Director Sandra Moberly outlined the information in the staff report. There was discussion among members of Council and staff.

Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Bill Sauser

Town Council Minutes
January 26, 2022

Adopt a resolution authorizing Town staff to submit an application for the FY 21 ARPA Travel, Tourism, and Outdoor Recreation funding opportunity.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)

4.3 Discuss a potential joint Project Homekey grant application with Mammoth Lakes Housing, Inc.

Senior Planner/Housing Coordinator Nolan Bobroff outlined the information in the staff report.

Patricia Robertson, Executive Director of Mammoth Lakes Housing, outlined the proposed project. There was discussion among members of Council and Ms. Robertson.

Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Sarah Rea
Adopt the resolution authorizing the joint application and authorize the Town Manager to sign the Local Match Commitment letter committing up to $1,000,000 in funding towards the project.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)

5. ADJOURNMENT
The Council adjourned the meeting at 6:41 p.m.

Jamie Gray, Town Clerk

RESOLUTION NO. 22-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,

RE-AUTHORIZING THE TOWN COUNCIL TO MEET VIRUTALLY DURING THE COVID-19 PANDEMIC DECLARED EMERGENCY
WHEREAS, the Town of Mammoth Lakes supports transparency in government, and meetings of the Town Council and other legislative bodies of the Town are conducted in compliance with the Brown Act (Government Code Section 54950 et seq), so that members of the public may attend, observe, and participate; and WHEREAS, Government Code Section 54953(e) is a provision of the Brown Act establishing special rules that apply under specific circumstances to meetings of local government legislative bodies that are conducted remotely via teleconference; and
WHEREAS, using the special rules will facilitate continuing to conduct meetings remotely during the COVID-19 pandemic; and
WHEREAS, the Town Council does hereby find that allowing for conducting public meetings virtually will support social distancing and reduces the potential risk to the public, elected officials and employees to be infected by or to spread COVID-19; and
WHEREAS, a required condition for the use of the Section 54953(e) rules is the existence of a state of emergency declared by the Governor pursuant to Government Code Section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code Section 8558; and WHEREAS, an additional required condition is that state or local officials have imposed or recommended measures to promote social distancing, or that the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the Governor of California declared a Statewide state of emergency due to the COVID-19 virus on Wednesday, March 4; and
WHEREAS, on March 15, 2020 the Mono County Health Officer declared a local health emergency, including finding “that there is an imminent and proximate threat to public health from the introduction of COVID-19 in Mono County;” and WHEREAS, the Mono County Director of Public Health has recently issued a memorandum recommending that social distancing be used as one means of reducing the spread of COVID-19; and
WHEREAS, on October 6, 2021, the Town Council adopted a resolution finding that pursuant to Government Code Section 54953(e), the legislative bodies of the

Resolution No. 22-

Town of Mammoth Lakes shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code Section 54953, as authorized by subdivision (e) of Section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of Section 54953; WHEREAS, as a condition of extending the use of the provisions found in Section 54953(e), the Town Council must reconsider the circumstances of the state of emergency that exists in the Town of Mammoth Lakes, and the Town Council has done so; and
WHEREAS, emergency conditions continue to exist in the Town of Mammoth Lakes, as reflected by the ongoing state of emergency declared by the Governor; and
WHEREAS, requiring the meetings of the Town Council and other legislative bodies of the Town of Mammoth Lakes to be conducted entirely in person would create a risk to the health and safety of the members of the public who might attend, the members of the Town Council, Town staff, and other persons attending meetings; and
WHEREAS, the Town of Mammoth Lakes continues to comply with the requirements of Section 54953(e) to ensure public access to meetings of Town legislative bodies, including by providing notice and posting meeting agendas, allowing members of the public to access the meeting and provide comments via an Internet-based service option, and providing an opportunity for the public to address legislative bodies and offer comment in real time.

NOW, THEREFORE, BE IT RESOLVED that the recitals set forth above are true and correct and are incorporated into this resolution by this reference; and IT IS FURTHER RESOLVED that the Town Council of the Town of Mammoth Lakes hereby declares that a State and County emergency continues to exist due to the existence or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the Town of Mammoth Lakes due to the COVID-19 virus; and
IT IS FURTHER RESOLVED that the Mono County Director of Public Health has issued a memorandum recommending the continued use of social distancing as a means to reduce the spread of COVID-19, and that the COVID-19 state of emergency impacts the ability of the Town Council to safely meet in person; and IT IS FURTHER RESOLVED that the Mammoth Lakes Town Council finds the use of virtual meetings, as provided for under AB 361 as approved by the State Legislature and signed by the Governor, continues to be a prudent and safe means to conduct the Town’s business respecting the recommendation to use social distancing as a precaution to reduce the spread of COVID-19; and IT IS FURTHER RESOLVED that the Town staff and legislative bodies are hereby authorized and directed to continue taking all actions necessary to carry out the

Resolution No. 22-

intent and purpose of this Resolution including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and
IT IS FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) March 2, 2022, or such time the Town Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the Town of Mammoth Lakes may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

APPROVED AND ADOPTED THIS 2nd day of February 2022.
________________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

1 TOWN COUNCIL STAFF REPORT
Title: Lease between the Town and Tesla Motors, Inc. for space at the new Community Recreation Center for electric vehicle charging stations.

Meeting Date: February 2, 2022
Prepared by: Haislip Hayes PE, Public Works Director
Dan Holler, Town Manager
RECOMMENDATION:

Staff recommends the Town Council authorize the Town Manager to execute a lease agreement between the Town and Tesla Motors, Inc. for space at the new Community Recreation Center for electric vehicle charging stations, in substantial conformance with the presented draft lease agreement.

BACKGROUND:

In September 2015 the Town Council authorized the execution of a lease agreement with Tesla Motors for the use of portions of the Park-n-Ride lot. Tesla thereafter completed the construction of 8 supercharger stations. These stations have been operational and in a good state of repair since installed. The existing station provides on average 1200 charging sessions per month and are regularly overextended on holiday weekends. Over the last year, Tesla and the Town have been discussing expanding the supercharger network to other locations in Town. The development of the Community Recreation Center (CRC) and associated Mobility Hub parking lot presented an opportunity to incorporate additional electric vehicle charging.

The incorporation of electric vehicle charging is a valuable component of the CRC’s Mobility Hub. Complementing vehicle charging with recreation opportunities, access to transit, pedestrian connectivity, and close proximity to retail and restaurants provides a benefit to residents and visitors. Staff understands that not every electric vehicle is a Tesla and providing opportunities for other manufacturers was an important consideration.

Initially, staff was working with a second company to provide “universal chargers” however, it was announced that Tesla will open up the supercharger network to other vehicle manufacturers and that Tesla was willing to install “universal” charging stations.

These significant changes to the Tesla program coupled with the Town relationship weighed profoundly on Staff’s recommendation. In order to meet the growing needs of the electric vehicle community Tesla has agreed to provide four universal charges to compliment the twelve superchargers. The Green Building code requires the CRC to include infrastructure to support future electric vehicle charging. Incorporating Tesla as project partner will satisfy this obligation. The final configuration includes sixteen charging stations (12 Supercharger / 4 Universal J1772).

2 One of each type of station will be ADA accessible and located near the entrance of the CRC. The remaining 14 will be located along the north edge of the lot (Image A – Location Map).

Image A - Location Map
Staff expects the Mobility Hub and CRC to be a popular location and reserving spots for one manufacturer did not seem to be in the best interest of the community. For this reason, the spaces occupied by the Tesla Chargers will not be exclusive. Other vehicle makes and models, gas and electric will be permitted to use the parking stalls. Staff does plan to put a parking time limit on the spaces. This will ensure appropriate turn over of the chargers and allow for maximum use of the stalls for charging and allow the flexibility for non-electric vehicles to park when the CRC is in high demand.

The contract in its current state provides for a 5-year term with two options for 5-year extension. As with our current contract Tesla will be required to provide adequate insurance and indemnification. Tesla will be required to maintain the facility at their Tesla Gen 2 Charger (with J1772) Tesla Supercharger

3 expense. The Town will provide snow removal; however, this would have occurred either way as the spaces are non-exclusive to electric vehicles and part of the CRC parking lot.

FINANCIAL CONSIDERATIONS:

Tesla will cover the costs for the installation of all of the proprietary Tesla infrastructure.

Tesla has also agreed to pay their fair share cost of the transformer, trenching, and other SCE required improvements.

v. 20200910

SUPERCHARGER AGREEMENT
This Supercharger Agreement (this “Agreement”) is effective as of the date last signed below by and between the Town of Mammoth Lakes (“Counterparty”) and Tesla, Inc., a Delaware corporation (“Tesla”). Tesla and Counterparty are each referred to herein as a “Party” and collectively as the “Parties.” WHEREAS, Tesla wishes to provide electric vehicle charging services at the Property; and WHEREAS, Counterparty is the sole owner of the Property and wishes to allow Tesla to provide electric vehicle charging services at the Property.

NOW THEREFORE, in consideration of the above and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. CONTACT INFORMATION:

Counterparty:

Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA 93546
Attention: Town Manager
Phone: (760) 965-3600
Email: [email protected]
With a copy to:

Email: [email protected]
Tesla:

Tesla, Inc.
3500 Deer Creek Road
Palo Alto, CA 94304
Attention: Supercharger Team
Phone: (650) 681-5000
With a copy to:

Email: [email protected]
24-hour Technical Support & Service:
877-79-TESLA (877-798-3752)

2. PREMISES AND LICENSED AREA: Counterparty hereby (a) leases to Tesla, and Tesla hereby leases from Counterparty, approximately 400-500 square feet of space for the Supercharger Station, as defined in Exhibit B (the “Premises”) and (b) grants Tesla a non-exclusive license to use sixteen (16) parking spaces, up to five (5) feet of additional parking width to provide disability access and approximately 200-400 square feet of space for equipment, all as depicted on Exhibit A attached hereto (the “Licensed Area”), subject to the terms of this Agreement. The Premises and Licensed Area are located on the property commonly known as Mammoth Creek Park, located at686 Old Mammoth Road (the “Property”).

3. FOOTPRINT: Twelve (12) parking spaces shall be outfitted with Superchargers and four (4) outfitted with Tesla gen 2 J1772 “universal” chargers (as defined in Exhibit B) to serve as electric vehicle charging stalls and general parking stalls (“Enabled Stalls”).

4. CONSTRUCTION AND ALTERATIONS: Tesla shall, at its sole cost, make alterations to the Premises and construct the Supercharger Station under the terms and conditions set forth herein (“Tesla’s Work”). Tesla acknowledges that Tesla’s Work shall only begin after: (a) Counterparty has approved the Signage (as defined in Section 16) and the plans and specifications, including equipment locations (the “Approved Plans”); and (b) Tesla has obtained all permits and approvals required by applicable governing bodies, including without limitation obtaining a building permit

v. 20200910
and sign permit from Counterparty. Any alterations to the Approved Plans or Supercharger Station shall be approved in advance by Counterparty, provided that such approval may be by e-mail and such alterations shall comply with all applicable Laws (as defined in Section 34) and the requirements of this Section 4. Tesla shall promptly repair, at its sole expense, any damage to the Property caused by Tesla, its agents, contractors and employees while performing Tesla’s Work.

During the performance of Tesla’s Work, Tesla shall use commercially reasonable efforts to minimize any impairment to the ingress, egress, business operations or use of the Property by the public.

5. POSSESSION DATE: The first date that Tesla may enter the Licensed Area, Premises and/or Property to begin Tesla’s Work shall be the earlier of (a) the date that Counterparty completes its construction work at the Property, as determined by Counterparty, or (b) within thirty (30) days of written notice from Counterparty (the “Possession Date”). Counterparty shall keep Tesla reasonably informed as to the status of the completion of Counterparty’s construction work at the Property.

6. DUE DILIGENCE PERIOD: Tesla shall have the option to terminate this Agreement within one hundred twenty (120) days following the Effective Date (“Due Diligence Period”) in the event that: (a) Tesla is unable to obtain all permits and approvals required by applicable governing bodies; (b) Tesla, in its reasonable business judgment, would incur substantial costs to bring utility services to the Premises or incur other unanticipated costs to construct the Supercharger Station; or (c) the environmental reports obtained by Tesla or delivered to Tesla from Counterparty, if any, reveal environmental contamination at the Property, provided that all such reports shall remain confidential. In the event that Tesla terminates the Agreement pursuant to this Section 6, Tesla shall deliver written notice of termination to Counterparty and this Agreement shall be of no further force or effect.

7. COMMENCEMENT DATE: Tesla shall open the Supercharger Station to the public (the “Commencement Date”) within one hundred eighty (180) days following the Possession Date, provided that such time shall be extended to the extent a delay is due to permitting, utility, or other requirements beyond Tesla’s control, or is due to Force Majeure (as defined in Section 32).

Tesla shall deliver written notice to Counterparty promptly following the Commencement Date to confirm such date for recordkeeping purposes.

8. TERM: The initial term of this Agreement shall begin on the Commencement Date and shall expire five (5) years from the last day of the month in which the Commencement Date occurs(the “Initial Term”). Subject to the restrictions below, Tesla shall have two (2) options to extend the term of this Agreement for an additional five (5) years each (each a “Renewal Term” and together with the Initial Term, the “Term”), upon the same terms contained in this Agreement, provided that no Event of Default (as defined in Section 17) by Tesla exists at the time of extension and subject to the restrictions in this Section 8. To exercise the first Renewal Term,Tesla shall give notice to Counterparty no later than one hundred eighty (180) days prior to the expiration of the Initial Term. At the expiration of the first Renewal Term, the second Renewal Term shall automatically go into effect unless either Party delivers written notice to the other, in the delivering Party’s sole discretion, at least sixty (60) days prior to the expiration of the first Renewal Term stating its intent to forego the second Renewal Term. Such notice may be provided at any time during the Initial Term or the first Renewal Term prior to the last fifty-nine (59) days of the first Renewal Term.

v. 20200910

9. REMOVAL: Tesla shall, at its sole cost, remove the Trade Fixtures (as defined in Exhibit B) promptly following termination or expiration of this Agreement and restore the Premises and Licensed Area to a condition commensurate with the rest of the Property, subject to exceptions for reasonable wear and tear and damage by casualty or condemnation. Counterparty agrees that all Trade Fixtures and related intellectual property are and shall remain the personal property of Tesla. The Infrastructure (as defined in Exhibit B) shall be left in a safe condition and shall, at Counterparty’s option, become the property of Counterparty upon termination or expiration of this Agreement (except for Infrastructure that is upstream of the meter, which is and shall remain the property of the utility). If Tesla fails to remove the Trade Fixtures within sixty (60) days of the expiration or termination of this Agreement then Counterparty shall have the right (without any obligation) to remove, ship, or store the Trade Fixtures, at Tesla’s sole cost and expense and restore the Premises and Licensed Area as provided above. Upon notice, Tesla shall promptly reimburse Counterparty for the documented removal, storage and restoration costs incurred by Counterparty. This Section 9 shall survive the termination or expiration of this Agreement.

10. UTILITIES: Tesla agrees to arrange and pay the charges for all Tesla-related utility services provided or used in or at the Premises during the Term. Tesla shall pay directly to the utility company the cost of installation of any and all such Tesla-related utility services and shall arrange to have the utility service separately metered. Counterparty shall not be responsible for any damages suffered by Tesla in connection with the quality, quantity or interruption of utility service, except to the extent the cause of the disruption or damage was Counterparty’s gross negligence or intentional misconduct. For purposes of this Agreement, interruptions to utility service caused by users of the Premises or the Property shall not be deemed to have been caused by Counterparty or Tesla.

11. USE: Tesla shall use and occupy the Premises and Licensed Area during the Term to install, operate and maintain a Supercharger Station and for incidental purposes, which may include generating photovoltaic electricity and operating an energy storage system (“Permitted Use”).

Tesla is authorized to operate and collect payment for use of the Supercharger Station year round, twenty-four (24) hours per day and seven (7) days per week. All use of the Premises and Licensed Area or the Property by Tesla shall comply with all Laws (as defined in Section 34).

12. MAINTENANCE: Tesla shall maintain the Supercharger Station (including repair and replacement of equipment, as necessary) at its sole cost in a good and working order, and Counterparty shall have no liability for damage to the Supercharger Station unless caused by Counterparty’s negligence or intentional misconduct. Counterparty shall not be responsible for any damage to the Supercharger Station or any component thereof due to activity related to snow removal, except to the extent of any gross negligence or willful misconduct, provided that Tesla acknowledges that snow removal is an inherently imprecise activity involving the use of heavy equipment in conditions of limited visibility and traction, and that any determination of Counterparty gross negligence or misconduct for purposes of this Section 12 and/or Section 10 herein shall take these factors into account. Notwithstanding the foregoing, Counterparty’s normal responsibility to maintain the common areas of the Property shall also apply to the paved portions of the Premises and Licensed Area, such as for repaving and restriping, and Counterparty agrees to coordinate such maintenance (other than restriping) with Tesla pursuant to Section 13.

Tesla may, in its discretion and at its sole cost, install security cameras and other equipment to monitor the Premises and Licensed Area from off-site, provided that Counterparty shall not be obligated to provide any space or facilities for such cameras or equipment, and further provided

v. 20200910
that nothing herein shall obligate Counterparty to ensure a clear line of sight between any such cameras or equipment and the Premises and Licensed Area. During large snow events, Tesla acknowledges that snow removal may not be immediate and Counterparty agrees to have the snow from the Premises and Licensed Area cleared based on Counterparty’s snow removal priorities. Generally, Counterparty will make reasonable efforts to have snow removed within a 48-hour period after the snow event. Snow removal may be completed over time limiting the number of Enabled Stalls available until adequate Counterparty resources are available to safely remove snow. Tesla acknowledges that Counterparty may install snow stakes to increase visibility of the path to be cleared during snow removal on the Premises and Licensed Area.

13. TEMPORARY IMPAIRMENT: Tesla agrees that Counterparty shall have the right to temporarily access and/or temporarily restrict access to a portion of the Premises and Licensed Area to perform routine parking lot maintenance, provided that Counterparty shall use commercially reasonable efforts, as determined by Counterparty, to minimize any impairment of the Premises and Licensed Area, including, without limitation, by limiting such impairment to times of day and days of the week that are not busy charging periods, and except in the case of snow removal (except as provided in Section 12), garbage collection, restriping, or an emergency, Counterparty shall provide Tesla at least thirty (30) days advance written notice stating the date, time, duration and scope of the planned impairment.

14. COUNTERPARTY COVENANTS: Counterparty represents that: (a) it is the owner of the Property and has the power and authority to enter into this Agreement on the terms hereof; (b) it has obtained any required consents to enter into this Agreement; (c) the Property is subject to no conditions, restrictions or covenants incompatible with the Permitted Use; and (d) this Agreement does not violate any agreement, lease or other commitment by which Counterparty is bound.

Counterparty shall not take any action that would impair or interrupt the use of the Supercharger Station, except as permitted in Section 13. If internal combustion engine vehicles repeatedly park in the Enabled Stalls, thereby impairing use of the Supercharger Station, Tesla may propose to Counterparty strategies for encouraging such vehicles to park in other parking spaces, such as alternative signage and painted asphalt. Counterparty may accept, reject, or modify such proposed strategies in its sole discretion. Notwithstanding the foregoing, Counterparty shall have no obligation to patrol the Premises or Licensed Area or to enforce the use restrictions set forth herein.

15. PAYMENTS TO COUNTERPARTY: Other than parking fees charged to all users of the Property, Counterparty shall have no right to request or accept payment from Tesla, users of the Supercharger Station or any other third-parties in connection with the Supercharger Station.

16. SIGNAGE: Subject to applicable Laws (as defined in Section 34), Tesla shall install signage for the Enabled Stalls (“Signage”). Any material revisions or additions to the Signage shall be subject to Counterparty approval.

17. DEFAULT: Each of the following shall constitute an “Event of Default” under this Agreement:

A. Breach: The failure by either Party to perform or observe any material term or condition of this Agreement and such failure continues for a period of thirty (30) days after receipt of written notice thereof from the other Party, provided, however, that if the nature of such default is such that it cannot reasonably be cured within such thirty (30) day period and the

v. 20200910
defaulting Party commences to cure within the thirty (30) day period and proceeds with diligence and continuity, then such Party shall have additional time to cure as is reasonably required.

B. Bankruptcy; Insolvency: The appointment of a receiver or trustee to take possession of all or substantially all of the assets of Tesla located at the Premises if possession is not restored to Tesla within sixty (60) days; or a general assignment by Tesla for the benefit of creditors; or any action or proceeding is commenced by or against Tesla under any insolvency or bankruptcy act, or under any other statute or regulation having as its purpose the protection of creditors and, in the case of actions filed against Tesla, is not discharged within sixty (60) days.

18. REMEDIES: Counterparty and Tesla acknowledge and agree that each Party shall have all remedies available at law or in equity if an Event of Default by the other Party has occurred and is continuing, provided that the remedy of monetary damages shall not be available to Tesla, and shall not be available to Counterparty except to the extent arising from Tesla’s gross negligence or willful misconduct. In addition, if an Event of Default by Tesla has occurred and is continuing, then Counterparty, may: (a) continue this Agreement in effect by not terminating Tesla’s right to possession of said Premises and use of the Licensed Area and thereby be entitled to enforce all Counterparty’s rights and remedies under this Agreement; or (b) bring an action to recover and regain possession of said Premises in the manner provided by the laws of eviction of the State of California where the Premises and Licensed Area are located then in effect.

19. EXCLUSIONS: Notwithstanding anything herein to the contrary, each Party expressly releases the other from any claims for, speculative, indirect, consequential or punitive damages, including any lost sales or profits of the other Party.

20. ASSIGNMENT: Tesla shall not assign this Agreement voluntarily or by operation of law, or any right hereunder, nor sublet the Premises or Licensed Area or any part thereof, without the prior written consent of Counterparty, which consent may be granted or withheld in Counterparty’s sole discretion; provided that the foregoing prohibition shall not limit Tesla’s ability to transfer this Agreement to a Tesla Affiliate. “Affiliate” of a Party is an entity that controls, is controlled by or is under common control with that Party, where “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, through ownership of voting securities, by contract or otherwise.

21. INDEMNIFICATION: Except to the extent a claim arises from any gross negligence or willful misconduct of a Counterparty Indemnified Party, Tesla hereby agrees to indemnify, hold harmless and defend Counterparty, its Affiliates and their respective directors, officers, managers, members, employees, agents and representatives (each a “Counterparty Indemnified Party”) from all losses and liabilities, including court costs and reasonable attorneys’ fees, on account of or arising out of or alleged to have arisen out of any third party claim related to: (i) the use of the Premises and/or Licensed Area by Tesla; (ii) Tesla’s breach of this Agreement or any Law related to the Permitted Use; (iii) bodily injury or death or damage to real or tangible personal property caused by the use of the Trade Fixtures.

22. LIENS: Tesla shall promptly remove or bond any liens placed on the Property as a result of any claims for labor or materials furnished to Tesla at the Premises and Licensed Area.

v. 20200910

23. DESTRUCTION: Any total destruction of the Premises and Licensed Area shall, at Counterparty’s or Tesla’s written election within thirty (30) days of such destruction, terminate this Agreement.

24. INSURANCE: Tesla shall, at all times during the Term, carry commercial general liability insurance with limits of not less than Two Million Five Hundred Thousand dollars ($2,500,000) per occurrence for bodily injury or death and property damage and an umbrella insurance policy with a limit of not less than Five Million dollars ($5,000,000) per occurrence. During the first Renewal Term, Tesla shall at all times carry commercial general liability insurance with limits of not less than Three Million dollars ($3,000,000) per occurrence for bodily injury or death and property damage and an umbrella insurance policy with a limit of not less than Six Million dollars ($6,000,000) per occurrence. During the second Renewal Term, Tesla shall at all times carry commercial general liability insurance with limits of not less than Three Million Six Hundred Thousand dollars ($3,600,000) per occurrence for bodily injury or death and property damage and an umbrella insurance policy with a limit of not less than Seven Million Two Hundred Thousand dollars ($7,200,000) per occurrence. The total limits required above may be met by any combination of primary and excess liability insurance. A certificate evidencing such insurance shall be delivered to Counterparty upon the execution of this Agreement and from time to time thereafter as may be requested by Counterparty. Tesla shall include Counterparty as additional insured on its commercial general liability and umbrella insurance policies, and shall deliver copies of such endorsements to Counterparty. Tesla will also carry worker’s compensation insurance in accordance with state and federal law.

25. CONFIDENTIALITY AND PUBLICITY:

A. Confidentiality: Tesla and Counterparty agree that any non-public, confidential or proprietary information or documentation provided to one Party by the other Party in connection with this Agreement, other than this Agreement and its exhibits, are confidential information, and the Parties agree not to disclose such confidential information to any person or entity during the Term and for a period of three (3) years thereafter, subject to paragraph B below. For the avoidance of doubt, neither this Agreement nor its exhibits, nor any other information or documentation the disclosure of which is required by any Law, shall be deemed confidential information.

B. Permitted Disclosures: Notwithstanding the foregoing, the Parties may disclose information (i) to their respective Affiliates, subcontractors, lenders, employees, financial, legal and space planning consultants, in each case that have a “need to know” such confidential information and have committed to treat the information as confidential under terms no less protective than the terms of this Section 25, provided that the Party disclosing such confidential information shall be liable for any disclosure by such authorized recipients and (ii) as required by Laws, including the California State Public Records Act or Laws requiring this Agreement to be approved or discussed at a public meeting; provided that if Counterparty receives such a request, then Counterparty shall promptly notify Tesla in writing to allow Tesla to seek a protective order or other appropriate remedy before the confidential information is released.

C. Publicity: Neither Party will use the other Party’s name, trademark or logo without obtaining the other Party’s prior written consent.

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26. ENVIRONMENTAL MATTERS: Counterparty represents and warrants that the Premises and Licensed Area shall be delivered free of environmental contamination that violates any applicable environmental law. During the Term, Counterparty is responsible for remediating any pre-existing contamination and any contamination not caused by Tesla, its agents, contractors or employees, but only to the extent required by applicable environmental law. Tesla warrants that it shall not cause or authorize any environmental contamination upon the Premises or Licensed Area that violates any applicable environmental law. Tesla shall remediate any environmental contamination at the Premises or Licensed Area to the extent introduced by Tesla, its agents, contractors, or employees but only to the extent required by applicable environmental law.

27. NOTICES: All notices, demands and approvals shall be in writing and shall be delivered by prepaid first class certified mail, or by a reputable overnight delivery service, to the addresses of the respective Party as specified in Section 1. Notice given by certified mail shall be deemed given on the second business day after deposit in the United States Mail, and any notice given by overnight delivery service shall be deemed given on the next business day after deposit with such overnight delivery service. Copies of notices, demands and approvals shall also be delivered if a “copy to” e-mail or other address is specified in Section 1. Notwithstanding the foregoing, as provided in Section 4, Counterparty may approve the plans and specifications by e-mail. Either Party may change their respective address for notices by giving written notice of such new address in accordance with the provisions of this Section 27.

28. BROKERS: Each Party represents to the other Party that it has not dealt with any broker and each Party hereby agrees to indemnify and hold the other Party harmless from all losses and liabilities, including court costs and reasonable attorneys’ fees, arising out of any claims for commissions or fees related to any broker, finder or similar person with whom the indemnifying Party has dealt, or purportedly has dealt, in connection with this Agreement.

29. SALE OR TRANSFER: In the event of a sale or transfer of all or a portion of Counterparty’s interest in the Property or Premises and Licensed Area while this Agreement is in effect, Tesla’s rights shall be conveyed with the Property or Premises and Licensed Area and Counterparty warrants that any transferee shall be bound by all terms and conditions of this Agreement, and shall obtain any necessary documents to confirm such assignment.

30. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and shall inure to the benefit of Counterparty and Tesla and their respective approved successors and assigns.

31. SUBORDINATION: Subject to Section 14 above, this Agreement is subject to and subordinate to all ground or superior leases and to all mortgages which may now or hereafter affect such leases or the real property of which the Premises and Licensed Area are a part and to all renewals, modifications, consolidations, replacements and extensions of any such ground or superior leases and mortgages; provided that Tesla’s rights under this Agreement shall not be disturbed by such subordination so long as no Event of Default by Tesla exists. This Section 31 shall be self-operative and no further instrument of subordination or non-disturbance shall be required by any ground or superior lessor or by any mortgagee, affecting any lease or the Property.

32. FORCE MAJEURE: If either Party’s performance of its obligations under this Agreement is delayed by Force Majeure, then such Party’s time of performance will be extended by a corresponding number of days, provided that such Party has provided prompt written notice to the other Party

v. 20200910
of the claimed Force Majeure event.. As used in this Agreement, “Force Majeure” means an act, event, condition or requirement beyond such party’s reasonable control, including, without limitation, labor disputes, governmental restrictions, natural disasters, fire, flood, severe weather, pandemic, disease or other outbreak of infectious disease or any other public health crisis, inclusive of quarantine, shelter order or similar restrictions on employees or travel, declaration of national, regional or local state of emergency, explosion, embargoes, war, terrorism, civil disturbance or other similar events.

33. INCENTIVES: Counterparty agrees that Tesla shall own and receive the benefit of all Incentives derived from the construction, ownership, use or operation of the Supercharger Station, including, without limitation, from electricity delivered through, stored at or generated by the Supercharger Station. Counterparty will cooperate with Tesla in obtaining all Incentives, provided that Counterparty is not obligated to incur any out-of-pocket costs in doing so unless reimbursed by Tesla. If any Incentives are paid directly to Counterparty, Counterparty agrees to immediately pay such amounts over to Tesla. “Incentives” means (a) electric vehicle charging or renewable energy credits or certificates, carbon credits and any similar environmental or pollution allowances, credits or reporting rights, (b) rebates or other payments based in whole or in part on the cost or size of equipment, (c) performance-based incentives paid as periodic payments, (d) tax credits, grants or benefits, and (e) any other attributes, commodities, revenue streams or payments, in each of (a) through (e) under any present or future law, standard or program and whether paid by a utility, private entity or any governmental, regulatory or administrative authority.

34. COMPLIANCE WITH LAW: Each Party shall comply with all applicable codes, laws and ordinances (“Laws”) in fulfilling its respective obligations under this Agreement. Each Party represents that it is in good standing under the Laws of the state of its organization.

35. GOVERNING LAW AND VENUE: This Agreement shall be governed by the Laws of the State of California. Any action to interpret or enforce this Agreement shall be brought and maintained exclusively in the state and federal courts of and for Mono County, California.

36. WAIVER OF JURY TRIAL: COUNTERPARTY AND TESLA EACH WAIVE, TO THE EXTENT PERMITTED

BY APPLICABLE LAWS, THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON OR RELATED TO, THE SUBJECT MATTER OF THIS AGREEMENT.

37. NON-DISCRIMINATION: The Parties are against discrimination, harassment and unfair treatment of individuals, and therefore each Party agrees that it shall not discriminate against or segregate any person, or group of persons on account of sex, marital status, sexual orientation, gender identity, disability, race, age, color, religion, creed, veteran status, national origin or ancestry in the performance of their respective obligations in this Agreement, or knowingly permit any such practice by its directors, officers, managers, members, employees, agents, representatives or contractors in connection with this Agreement that is in violation of applicable Laws.

38. INTERPRETATION: The headings and defined terms in this Agreement are for reference purposes only and may not be construed to modify the terms of this Agreement. Neither Party shall have the right to unilaterally revoke or terminate this Agreement, unless such revocation or termination is pursuant to the explicit terms of this Agreement.

v. 20200910

39. SEVERABILITY: If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreemeent shall not be affected, and each provision shall be valid and enforceable to the fullest extent permitted by law.

40. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together will constitute one agreement. Electronic signatures and other signed copies transmitted electronically in PDF or similar format shall be treated as originals.

41. ATTORNEYS’ FEES: In the event any action or proceeding in law or equity is instituted by either Party then the prevailing Party (by judgment, arbitration award or settlement) in such action or proceeding shall be entitled to recover its reasonable and documented attorneys’ fees in such action.

42. RELOCATION: Upon one hundred eighty (180) days written notice to Tesla, Counterparty shall have the right to relocate the Premises and Licensed Area during one or both of the Renewal Terms, but not the Initial Term; provided that such notice shall include alternate locations for the Supercharger Station and subject to the following requirements: (a) the new Premises and Licensed Area provides for an equivalent footprint for charging stalls and charging equipment, (b) the new Premises and Licensed Area can be supplied with equivalent utility service, (c) the new Premises and Licensed Area is similar in terms of ease of access, safety, security, and proximity to amenities and (d) Counterparty obtains Tesla’s written approval of the new Premises and Licensed Area, which shall not be unreasonably withheld, conditioned or delayed. All costs of relocation shall be borne by Tesla and Counterparty equally if the relocation occurs during the first Renewal Term, and all costs of relocation shall be borne solely by Tesla if the relocation occurs during the second Renewal Term; provided that Tesla shall have the right to terminate this Agreement rather than agreeing to a relocation during either Renewal Term. In all relocation scenarios, the relocation plan shall ensure that the new charging station is open to the public before the former charging station is decommissioned.

43. AMENDMENTS: No amendment to this Agreement shall be effective unless it is in writing and approved by authorized representatives of both Counterparty and Tesla.

44. TIME: Time is of the essence with respect to this Agreement. [Signature page follows.]

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IN WITNESS WHEREOF, the Parties have each caused an authorized representative to execute this Agreement as of the date signed below.

COUNTERPARTY: TESLA:

Town of Mammoth Lakes Tesla, Inc.
a California municipal corporation a Delaware corporation By: __________________________ By: _______________________________ Name: _______________________ Name: _______________________________ Title: _________________________ Title: _______________________________ Date: _________________________ Date: _______________________________

EXHIBIT A
Premises, Licensed Area, and Property Depiction and Address Property Address:

Premises, Licensed Area, and Property Depiction:

EXHIBIT B
Supercharger Station
Tesla shall install the Supercharger Station on the Premises pursuant to the terms of this Agreement and the Approved Plans.

The “Supercharger Station” shall consist of: (a) necessary utility infrastructure, which may include a utility transformer, metering equipment, conduit, wiring and concrete pads (collectively, the “Infrastructure”); and (b) certain trade fixtures as determined by Tesla, which shall include twelve (12)charge posts (“Superchargers”) and four(4) Tesla Gen 2 J1772 “Universal” chargers, power electronics equipment, switchgear and Signage, and may also include, without limitation, fence or other visual barriers, a canopy, solar panels and an energy storage system (collectively, the “Trade Fixtures”).

Signage
Enabled Stall Sign Example

1 TOWN COUNCIL STAFF REPORT
Title: Service Agreement with Eastern Sierra Transit Authority (ESTA) for transit related services.

Meeting Date: February 2, 2022
Prepared by: Haislip Hayes, PE Public Works Director
RECOMMENDATION:

Staff recommends the Town Council authorize the Town Manager to execute a service agreement between the Town and the Eastern Sierra Transit Authority (ESTA) for transit related services.

BACKGROUND:

The Eastern Sierra Transit Authority (ESTA) was established in 2006 as a Joint Powers Authority (JPA) between Inyo and Mono Counties, the City of Bishop, and the Town of Mammoth Lakes. ESTA offers a variety of services, including fixed routes, local in-town dial-a-ride services, multiple town-to-town services throughout the Hwy 395 and Hwy 6 corridors, and interregional service extending from Reno, Nevada to Lancaster, California with connections to the Los Angeles area.

Since ESTA began operating in 2007 its capacity to provide service has grown year after year. Pre-COVID ridership increased annually, and the entity has become less reliant on Town support. The last service agreement with ESTA was executed in 2010. This agreement has been amended to meet the financial needs of both parties, but the document deserves review and updates to represent the relationship shared today.

ANALYSIS:

The 2010 Agreement with ESTA was developed to define the relationship between the Town and ESTA. How the Town and ESTA currently work together is still generally reflected in this document; however, there are some key aspects that have changed, and the agreement needs to be updated to reflect these changes. The revised agreement retains much of the core elements of the original contract including:
 TOML providing maintenance and repair services.
o TOML provides shop service that include preventative maintenance, emergency service including towing and repairs, and major overhauls. Some machine shop and specialty service must be contracted out. ESTA reimburses the Town for this work.

2  TOML providing access to fuel.
o The Town owns and operates a fueling station that is used by ESTA. The Town charges 10 cents over our cost for fuel. This service provides a secure and convenient fueling option for ESTA.
 TOML providing use of its rolling stock.
o When the previous contract was executed, the Town owned a number of buses.

This is no longer the case, and the Town only provides Trolleys for ESTA to use on TOML routes. The Town currently has six Trolleys for ESTA to use.

The agreement defines how this fleet is to be used and what steps need to be taken in the event a trolley is needed for charter outside of Town.  Defining services that ESTA will provide.
o ESTA provides a baseline 19,058 hours of service. This is often expanded each season, as needed to provide late season service in the Lakes Basin and Red’s Meadow. The base services include:

Service Hours
Purple Line 4,015
Town Trolley 10,775
Dial-a-Ride 2,268
Lakes Basin 1,848
Trippers 152
Total 19,058
 Cost per hour for ESTA to provide service.
o The Town pays ESTA by the hour. The contract includes an hourly rate set by the Board of Directors of ESTA. This rate may be adjusted annually on July 1 of each year subject to concurrence by the Town of Mammoth Lakes  Cost per hour for TOML to provide shop services.
o The contract includes the Town shop rate for repair and maintenance services.

This rate is reviewed regularly with the Town’s fee schedule.

The revised contract eliminates lease language for the “Transit Yard” located at 210 Commerce. ESTA leases the yard and much of the building for their Town operations. In discussions with ESTA, it was determined that it was best to separate the lease from the service contract as they each require unique and specific language. This lease agreement is in development and will be materially the same as the previous agreement.

FINANCIAL CONSIDERATIONS:

The new contract reflects changes to the billable rates for Town and ESTA services. The Town currently bills ESTA $108 for shop services, and 10 cents over cost for fuel. ESTA just raised their billable rates from $47.47 to $51.65. This increase is a direct result of increasing driver wages. Wages were determined to be a factor in driver recruitment and increases were necessary to ensure appropriate staffing to service the routes. The Town

3 contracts for 19,058 hours of service which means the annual TOML cost for service will increase $79,662.44. The Town proposes to contract for a rate up to $52 in order to capture any minor rate changes in the near future.

TOWN/ESTA

AGREEMENT FOR THE PROVISION OF TRANSIT AND RELATED

SERVICES
by and between

TOWN OF MAMMOTH LAKES
and

EASTERN SIERRA TRANSIT AUTHORITY
March 1, 2022

TOWN/ESTA

TABLE OF CONTENTS
Section 1: Effective Date .....................................................................................................................................................4 Section 2: Commencement and Duration ............................................................................................................................4 Section 3: Transit Services Provided by ESTA to TOWN ..................................................................................................4 Section 4: Maintenance Requirements for ESTA Managed Buses......................................................................................8 Section 5: Use of TOWN Fueling Facilities by ESTA ........................................................................................................9 Section 6: Use of TOWN buses, vehicles and equipment by ESTA..................................................................................10 Section 7: Administration of Agreement ...........................................................................................................................10 Section 8: Permits to Operate ............................................................................................................................................11 Section 9: Notice of Deficiencies ......................................................................................................................................11 Section 10: Force Majeure...................................................................................................................................................11 Section 11: No Conflicting Uses .........................................................................................................................................11 Section 12: Notice................................................................................................................................................................12 Section 13: Not an Agreement of Employment...................................................................................................................12 Section 14: Precedence of Agreement Documents..............................................................................................................12 Section 15: Continuity .........................................................................................................................................................12 Section 16: Assignment (ESTA)..........................................................................................................................................12 Section 17: Indemnification and Insurance Requirements...................................................................................................13 Section 18: Successors.........................................................................................................................................................14 Section 19: Counterparts......................................................................................................................................................14 Section 20: Governing Law .................................................................................................................................................14 Section 21: Compliance with Laws .....................................................................................................................................14 Section 22: Termination ......................................................................................................................................................14 Section 23: TOWN's Remedies on Breach and Waiver.......................................................................................................15 Section 24: Additional Terms..............................................................................................................................................15 Section 25: Records.............................................................................................................................................................15 Signature Page 16
Attachment A: Billing Rates .....................................................................................................................................................17 Attachment B: Services.............................................................................................................................................................18 Attachment C: Additional Service ............................................................................................................................................19 Attachment D: Town Vehicles..................................................................................................................................................20 Attachment E: ESTA use of Town Vehicles ............................................................................................................................21

TOWN/ESTA

Recitals

AN AGREEMENT BETWEEN THE TOWN OF MAMMOTH LAKES

AND THE EASTERN SIERRA TRANSIT AUTHORITY FOR THE PROVISION OF TRANSIT

AND RELATED SERVICES
THIS Agreement, is made and entered into this _____ day of March, 2022, by and between the Town of Mammoth Lakes (hereinafter "TOWN"), a municipal corporation, and The Eastern Sierra Transit Authority (hereinafter "ESTA"), a joint powers authority formed by Inyo County, Mono County, City of Bishop and Town of Mammoth Lakes.

W I T N E S S E T H
WHEREAS, TOWN is authorized by Government Code §39732 to furnish and operate public transportation services; and
WHEREAS, ESTA is a Joint Powers Authority created pursuant to Government Code §6500 et. seq. to provide public transit services within the boundaries of its member entities; and WHEREAS, ESTA is authorized by the Transit Authority Joint Powers Agreement (sometimes referred to herein as JPA agreement) to submit claims to the Mono County Local Transportation Commission on behalf of the Town of Mammoth Lakes in accordance with the Transportation Development Act (TDA) and its regulations, and to receive funds, and to provide transit services on behalf of the Town of Mammoth Lakes; and
WHEREAS, ESTA is authorized by the Transit Authority Joint Powers Agreement to seek and obtain funds from other sources to provide additional transit services beyond those funded through TDA; and
WHEREAS, ESTA is authorized by the Transit Authority Joint Powers Agreement to contract with its member entities to provide services above the level of service funded through TDA or other funds obtained by ESTA; and
WHEREAS, ESTA is authorized by the Transit Authority Joint Powers Agreement to contract for other goods and services; and
WHEREAS, TOWN desires to contract for, and ESTA desires to provide, services above the level of service funded through TDA or other funds obtained by ESTA; and WHEREAS, TOWN and ESTA desire to contract to provide other services including but not limited to: the use of TOWN office and vehicle storage space by ESTA, maintenance of ESTA vehicles by TOWN, purchase of fuel by ESTA from TOWN, and use of TOWN vehicles by ESTA; NOW, THEREFORE, in consideration of the above, TOWN and ESTA agree as follows:

TOWN/ESTA

AGREEMENT
Section 1: Effective Date
This Agreement shall be effective when it has been approved by the Town Council of the Town of Mammoth Lakes and the Board of Directors of the Eastern Sierra Transit Authority.

Section 2: Commencement and Duration
This agreement has an initial term of five years. It shall subsequently automatically be extended for additional five-year terms unless either party provides notice to the other at least ninety (90) days in advance of a scheduled extension. The parties will attempt to negotiate any change in terms to this agreement prior to the acceptance of a final budget presented to either the Town Council of the Town of Mammoth Lakes or the ESTA Board of Directors for a given fiscal year, so that the budget may reflect the amended terms.

Section 3: Transit Services Provided by ESTA to TOWN
ESTA agrees to provide transit services to TOWN in accordance with the following terms and conditions:

1. General Terms and Conditions
a. Services Provided under This Agreement. In accordance with the Transit Authority Joint Powers Agreement, the purpose of this agreement is to ensure the provision of transit services in the Town of Mammoth Lakes above the level of service funded through TDA, or by funds obtained by ESTA from sources other than the TOWN.
b. Services Funded by TDA and Other Sources. In accordance with the Transit Authority Joint Powers Agreement, ESTA will submit claims to the Mono County Local Transportation Commission as an agent of the Town of Mammoth Lakes, and receive such funds, and provide services to the TOWN with those funds. However, those services and those funds are not and will not be governed by this agreement. A portion of the services described in this section will be funded by TDA and sources other than the TOWN. Those services and those funds are likewise not and will not be governed by this agreement. ESTA will establish a process to account for services provided with these funds.
c. Billing Rates. The billing rates for the services provided pursuant to this agreement are provided in attachment “A”. These rates may be adjusted annually prior to the submission of a draft budget to both the Board of Directors of ESTA and the Town Council of the Town of Mammoth Lakes.
d. Services Funded by This Agreement. Services funded by this agreement shall consist of those specified in Attachment “B.” To the extent that farebox revenue is required under the terms and conditions of TDA for any services specifically governed by the terms of this agreement an amount in lieu of the farebox revenue shall be funded by this agreement. In addition to the

TOWN/ESTA

provisions of Section 10 should for any reason ESTA not be able to provide the specified service level in spite of all reasonable efforts, ESTA shall not be held liable for services not provided. Such reasons may include without limit a shortage of qualified drivers, or a shortage of available vehicles necessary to operate such services. e. Other Services. ESTA will make every effort to provide additional services requested by Town on an as needed basis. Such services outside of the basic service level defined in Attachment “B” shall require a minimum of one-week notice to ESTA to arrange the necessary personnel and other resources to operate the service. All such services will be subject to federal charter regulations and ESTA’s charter policy.
f. Fuel. TOWN shall provide access to fuel for all Town of Mammoth Lakes and ESTA vehicles at the TOWN Corporation Yard, located at 299 Commerce Drive, Mammoth Lakes. g. Fares. Fares, if any, for services that are funded in part by Town funds and in part by TDA (e.g. paratransit service) shall be established by mutual agreement of the ESTA Board of Directors and the Town of Mammoth Lakes Council.
h. Federal and State Requirements: ESTA shall comply with all federal and state laws, regulations and requirements which apply to the services provided hereunder. i. Management: ESTA shall at all times be responsible for management of the services provided by it under this agreement.
j. Drug and Alcohol Testing. ESTA shall provide pre-employment, post-accident, just-cause, and random drug and alcohol testing of its employees in accordance with Federal Transportation Administration regulatory requirements.
k. Telephone Information, Reservations and Dispatching. ESTA shall provide all telephone and dispatch equipment necessary for it to receive reservations, provide information and dispatch services.

2. Equipment Including Vehicles
a. TOWN Shall Provide Vehicles. TOWN shall at no charge to ESTA provide ESTA with access to all Town owned transit vehicles listed in Attachment “D” for use in providing services hereunder. ESTA shall pursue federal and state grant opportunities for vehicle replacement to minimize the fiscal impact on the Town for the purchase of vehicles. b. Availability. ESTA shall store all TOWN owned equipment including Town-owned vehicles at the Town Transit Facility, 210 Commerce Drive, Mammoth, CA. 93546. c. Alterations. ESTA shall not install equipment or make any alterations to any TOWN-owned equipment or vehicles without prior consent of TOWN.
d. Use. TOWN-provided vehicles shall be used only for the services provided in and for the Town of Mammoth Lakes unless otherwise agreed by the parties.

TOWN/ESTA

e. Repossession. In the event of termination of this Agreement, TOWN shall have the right to take immediate possession of all TOWN-provided vehicles. f. Other Equipment. ESTA is responsible for providing all other materials, supplies, and/or equipment needed to perform Agreement, which are not otherwise specifically provided by TOWN.
g. Dispossession of Equipment. ESTA may dispose of TOWN owned equipment only with the prior written consent of the TOWN. ESTA shall use any proceeds of disposed TOWN owned equipment for replacement of equipment used to serve the transportation needs of the TOWN.

3. Maintenance of Equipment
a. Safety Inspections. TOWN and ESTA are subject to annual inspection by the Motor Carrier Unit of the California Highway Patrol (CHP) annually (Safety Compliance Report CHP-343).

ESTA must attain satisfactory rating in the driver records category of this Safety Compliance Report. ESTA must expeditiously correct any deficiencies noted on driver’s report. TOWN must attain satisfactory rating regarding all maintenance items. Should TOWN fail to attain a satisfactory rating, ESTA may terminate this agreement should acceptable corrective action not be taken within 30 days or upon re-inspection by CHP whichever comes first. b. Interior & Exterior Cleaning and Maintenance. ESTA shall maintain the exterior and interior cleanliness of all vehicles to the highest standards at all times. c. Maintenance Rate. ESTA shall pay the TOWN for vehicle maintenance services for vehicles owned by ESTA at the rate set forth in Attachment “D” as it may be amended from time to time.

4. Advertising and Logo Program
a. Advertising. TOWN and ESTA may agree upon policies and procedures for accepting advertising on vehicles used in the provision of services hereunder. If such policies and procedures are adopted, ESTA shall be responsible for accepting advertising in compliance with such policies and procedures. All proceeds from advertising shall be used by ESTA to continue transportation services to the TOWN and/or ESTA’s entire service area. No thirdparty advertising shall be accepted until and unless TOWN and ESTA have agreed upon and adopted advertising policies and procedures, which either or both parties may decline to do in their respective sole discretion.
b. ESTA Logo. Space shall be provided on all vehicles, bus stops, shelters, and other public transit facilities for the standard ESTA logo which is consistent in design and placement with that provided on ESTA-owned vehicles.

5. Administration, Reports, Accounting, Audits and Penalties a. Personnel and Training. ESTA shall provide sufficient supervisory employees, drivers and dispatching personnel to adequately handle the services it is required to provide under this

TOWN/ESTA

agreement. ESTA shall provide ongoing training, retraining, and safety education for all personnel that conforms to applicable regulatory requirements. b. Reports. ESTA shall develop and maintain records and reports for use in management and administration of the service. These reports shall document passenger information, cost and revenue data, and other information needed by the TOWN and ESTA to make decisions about the transit service.
c. Accounting Practices. ESTA shall maintain its books of account as they relate to the programs identified in this agreement consistent with Generally Accepted Accounting Principles, and in TOWN-approved format.

6. Changes to Level of Service
a. Services. The “services” are those described in Attachment “B”. TOWN may increase, decrease, or otherwise change the service as follows:
(1) Emergency Adjustments. Either TOWN or ESTA may authorize temporary emergency adjustments in service in the event of an emergency or circumstance which requires an immediate detour or other adjustment in routing.
(2) Adjustment Notification. The party initiating the emergency adjustment shall notify the other party immediately of such occurrence. TOWN shall specify steps to be taken by ESTA to notify patrons of the change in routing and/or scheduling necessitated by such emergency adjustments, and/or modifications to the emergency adjustments made by ESTA. Should ESTA in making temporary adjustments to service incur added expenses beyond those compensated under the primary terms of Agreement, TOWN and ESTA shall negotiate a fair and equitable adjustment in compensation for service.
(3) Non-Substantial Changes in Service Level. Non-substantial changes in service shall be defined as those which increase or decrease service hours by 10% or less of the annual total hours scheduled for operation. TOWN shall make its best effort to provide thirty (30) days’ notice of its requested non-substantial changes in service levels, except for “very minor changes” as described below. ESTA shall make its best effort to provide staff and of other resource to effectuate such changes. Requests for very minor changes shall be made with one week notice whenever possible. Very minor changes will generally consist of temporary changes in routes, such as changes necessitated by special events, road closures, utility work, or charter services.
(4) Substantial Changes in Service Level. Changes that increase or decrease service hours by more than 10% of the annual total hours scheduled for operation shall be considered substantial. TOWN shall make its best effort to provide sixty (60) days’ notice of its requested substantial changes, during which TOWN and ESTA shall discuss the proposed change and the ability of ESTA to provide the requested service as otherwise provided by this Agreement.

If ESTA is able to make such changes in services, the parties shall execute an amendment to this agreement reflecting the agreed-upon changes.

TOWN/ESTA

7. Invoices.

ESTA will establish a process to account and bill TOWN for the services provided under and funded by this agreement using the billing rates provided in Attachment “A”. ESTA shall record all of TOWN’s transit service hours and shall provide TOWN with monthly invoices for the transit services ESTA has provided to TOWN during the previous month. TOWN agrees to and shall pay all such invoices within thirty days of receipt.

Section 4: Maintenance Requirements for ESTA Managed Buses ESTA shall have overall responsibility for maintaining all buses that are operated by ESTA for TOWN services, with TOWN’s responsibilities being as set forth below. It shall be the responsibility of the TOWN to perform all necessary and required maintenance in a timely manner such that sufficient buses are available to ESTA to allow it to provide all services in and for the TOWN.

1. Preventive Maintenance Inspections and Service.

TOWN shall perform all preventive and demand maintenance on ESTA-managed buses in a timely manner and in compliance with all applicable regulatory requirements. ESTA may refuse to operate any vehicle which it deems unsafe or out of compliance with CHP or other statutory requirements or original equipment manufacturer’s specifications.

2. Development and Performance of Schedules.

ESTA shall provide to the TOWN schedules of preventive maintenance inspections and service, annual inspections and service, and major overhaul of TOWN buses, vehicles, and equipment used by ESTA in the performance of this agreement. TOWN shall use its best efforts to comply with schedules of preventive maintenance and annual inspections and service.

3. Document Maintenance and Production.

The TOWN shall maintain all documents related to the preventive maintenance and annual inspections and service of TOWN’s buses, vehicles and equipment and shall produce those documents to ESTA, the California Highway Patrol, and other entities upon ESTA’s request. If requested, the TOWN shall also make its supervising mechanic available during annual inspections by the California Highway Patrol in order to respond to any questions regarding maintenance.

4. Repairs.

The Town shall repair buses, vehicles and equipment under the following terms and conditions:
a. Necessary Repairs. ESTA may communicate directly with the TOWN’s supervising mechanic to request necessary repairs. The Town shall schedule necessary repairs on ESTA’s buses, vehicles and equipment in a timely manner, subject to availability of staff, equipment, and parts. Necessary repairs shall include, but not be limited to the repair or replacement of engines, wheel bearings, wheel seals, air systems, brakes, axles, rear ends, transmissions, body panels, steering mechanisms, suspensions, electrical mechanisms, tires, fuel systems and other mechanical items.

TOWN/ESTA

b. Priorities. In cases where buses, vehicles or equipment fail or break down, the TOWN shall prioritize repairs in order to expedite its return to service, subject to the availability of staff, equipment, and parts.
c. Tools and Equipment. The TOWN shall provide and maintain such tools, equipment, and facilities as may be necessary for the maintenance, repair, and servicing of all of ESTA’s buses, vehicles, and equipment. ESTA agrees to loan any of its tools or equipment to the TOWN that the TOWN needs and requests in order to comply with the terms of this Agreement. d. Parts and Materials. The TOWN shall have the right to purchase parts and materials from vendors of its choice. In doing so, the Town shall always attempt to obtain the best available price for the best available parts and materials. All parts used on ESTA buses shall be OEM or equivalent.
e. Specialized Work. The TOWN may, in the discretion of its supervising mechanic, cause specialized work to be performed in commercial shops specializing in that work. Specialized work may include, but shall not be limited to body repair, engine rebuilding, radiator repair, alternator rebuilding, and machining of special parts. The TOWN shall obtain a copy of the work order performed on any vehicle in a commercial shop. f. Major Repairs. The TOWN’s supervising mechanic shall keep ESTA informed of all potential or necessary major repairs of ESTA’s buses, vehicles, and equipment. Before commencing any repairs exceeding $5,000, Town shall obtain ESTA’s consent for repair. g. Emergency Road Service. The TOWN agrees to provide emergency road service depending upon availability of personnel and equipment to ESTA. The TOWN shall respond to calls for road service by sending a mechanic and service truck to aide disabled ESTA-owned vehicles.

Decisions in this regard shall be made by the TOWN’s Fleet Superintendent. h. Charges. For making repairs, TOWN shall charge ESTA for the TOWN’s costs, including labor, parts, and fuel as described in Attachment “D”. ESTA and the TOWN agree that the charges for services and fuel performed and provided respectively, pursuant to this agreement will be reviewed and subject to change annually.
i. Invoices. The TOWN shall send monthly invoices to ESTA for all repair work performed within the prior month. ESTA agrees to pay all monthly invoices within thirty days of receipt.

Section 5: Use of TOWN Fueling Facilities by ESTA
The TOWN grants ESTA the right to use the TOWN’s fueling facilities to fuel TOWN and ESTA buses, vehicles and equipment upon the following terms and conditions:

1. Use of Key Fobs.

The TOWN shall issue key fobs to ESTA for all of the buses, vehicles and equipment that are authorized to use the TOWN’s fueling facilities.

TOWN/ESTA

2. Ownership and Misuse of Key Fobs.

The TOWN shall retain ownership of all key fobs issued to ESTA during the term of this Agreement. ESTA shall be solely responsible for the consequences of any misuse of cards issued to ESTA personnel.

3. Invoices.

The TOWN shall record all of ESTA’s fuel consumption from TOWN’s fueling facility and shall provide ESTA with monthly invoices for its fuel consumption. ESTA agrees to pay all invoices within thirty days of receipt. (Fuel for TOWN buses will be paid for directly by the TOWN.) TOWN shall charge ESTA the rates for fuel set forth in Attachment “D”, as it may be amended from time to time.

Section 6: Use of TOWN buses, vehicles and equipment by ESTA Generally, TOWN provided vehicles are intended to be operated to provide services to residents and visitors to the Town of Mammoth Lakes, and as back up vehicles for those services. TOWN may permit use of TOWN owned buses, vehicles and equipment for ESTA provided services outside the scope of this agreement to the extent that all services as described in Attachment “B” are being met and Town owned vehicles are not exclusively used outside of Town. The following terms and conditions shall apply to any such authorized use:

1. Emergency Needs.

In the event of mechanical failure or other unscheduled unavailability of ESTA buses, vehicles, or equipment, TOWN may authorize use of TOWN vehicles or equipment on a temporary basis in order to assure continuity of service. Such use may be authorized by the Public Works Director.

ESTA shall compensate the TOWN for this use in accordance with the schedule in Attachment “E”.

2. Other Services.

In the event that ESTA desires to use TOWN-owned equipment for other regular services outside the scope of this agreement, it may apply to the Town Council of the Town of Mammoth Lakes for consideration of said service. If approved the terms and conditions associated for this regular service shall be documented in an amendment to this Agreement.

3. Other Terms and Conditions.

Operation of TOWN equipment by ESTA as provided in this section shall be in accordance with all other terms and conditions which apply to operation of TOWN-owned equipment as provided by this agreement.

Section 7: Administration of Agreement

TOWN/ESTA

ESTA's compliance with this Agreement shall be supervised and administered by TOWN by its Public Works Director

Section 8: Permits to Operate
At its sole cost and expense, ESTA shall obtain any and all permits, licenses, certifications, or entitlements to operate as are now or may be required by any agency to enable ESTA to perform Agreement, and shall provide copies of all such documents or entitlements to TOWN when received by ESTA.

Section 9: Notice of Deficiencies
TOWN’s Public Works Director may issue a Notice of Deficiencies to ESTA, specifying areas of unsatisfactory performance, and specifying what improvements are necessary to correct the deficiency or deficiencies. Such notice shall specify the provision(s) of Agreement which address the issue.

ESTA shall correct or in good faith commence to correct the deficiency within a reasonable period of time specified by TOWN not to exceed 30 days unless agreed to in advance by TOWN in writing.

Section 10: Force Majeure
ESTA shall not be charged, nor shall TOWN demand from ESTA, damages because of failure in providing the services described in this Agreement due to unforeseeable causes beyond the control and without the fault or negligence of ESTA. Such causes of excusable delay may include acts of public enemies, military attack and/or other actions, fires, floods, snow storms, earthquakes, epidemic, quarantine, restrictions, strikes, freight embargoes, public road closures, but in every case the delay is excusable only for so long as, and to the extent that, the excusable delay continues.

ESTA shall be entitled to no compensation for any service, the performance of which is excused pursuant to this paragraph.

In the event that ESTA is unable to provide the services required of it under this Agreement due to any cause, ESTA shall make a reasonable attempt to so notify the public including notification to local newspapers, and, if appropriate, local radio and television stations.

Whenever ESTA has knowledge that any actual or potential force majeure may delay or prevent performance of Agreement, ESTA, on a timely basis, shall notify TOWN of the facts and, thereafter, shall report to TOWN all relevant information then known to ESTA, and shall continue to so report.

Section 11: No Conflicting Uses
ESTA shall not operate, lease or charter TOWN-owned vehicles or equipment for any purpose other than for services for the TOWN, unless specifically authorized by TOWN.

TOWN/ESTA

Section 12: Notice
All notices shall be made by email, or hand-delivered, addressed as follows:

TOWN: Public Works Director
Town of Mammoth Lakes
HCR 79, Box 209
Mammoth Lakes, CA 93546
ESTA: Executive Director
Eastern Sierra Transit Authority
P.O. Box 1357
Bishop, CA 93515
Service of such notices shall be deemed complete three (3) days after deposit in the US Mail or on the date hand-delivered.

Section 13: Not an Agreement of Employment
It is understood and acknowledged that this Agreement is not a contract of employment between TOWN and ESTA, or any agents, officers, or employees of ESTA. ESTA is, and shall at all times be, deemed to be an independent contractor. ESTA is not authorized to bind the TOWN to any contracts or other obligations. ESTA is not an agent or employee of the TOWN except as provided in the Joint Powers Agreement and shall at no time represent itself to be such agent or employee except as provided it the agreement. Neither ESTA nor any of its employees or subcontractors shall be entitled to any benefits accorded to TOWN employees including but not limited to Workers Compensation, disability insurance, unemployment compensation, retirement benefits, vacation, or sick leave.

Section 14: Precedence of Agreement Documents
In the event of a conflict or ambiguity arising between this Agreement and other documents executed by the parties or any term therein, the document executed later in time shall prevail over the document executed earlier in time.

Section 15: Continuity
This Agreement is binding upon each of the parties and their respective heirs, shareholders, directors, partners, executors, and successors. Should ESTA change its structure during the term of this agreement, the TOWN reserves the right to terminate this agreement and to solicit new vendors for this service.

Section 16: Assignment (ESTA)
The performance of this Agreement may not be assigned, or in any way subcontracted on a continuing basis, except upon the prior written consent of TOWN. TOWN shall not consent to any proposed

TOWN/ESTA

assignment or subcontracting, novation, other writing, or agreement that would have the effect of relieving ESTA or ESTA's surety of their responsibility and/or liability under Agreement.

Section 17: Indemnification and Insurance Requirements
For all terms under Sections 3 and 6 of this agreement:

ESTA hereby agrees to indemnify and holds harmless TOWN, its officers, employees, and agents from any and all liability or claim of liability, including attorney’s fees, arising by reason of personal injury, death or property damage and resulting from ESTA’s negligence, recklessness or willful misconduct in the performance of its duties and obligations under this agreement.

ESTA shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by ESTA, its agents, representatives, or employees. At any time following the initial five-year term of this Agreement, TOWN may require ESTA to increase the minimum insurance limits set forth below.

Minimum Limits of Insurance
ESTA shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

4. Bonding Insurance: coverage for all ESTA employees who collect monetary payments for transit services rendered.

Verification of Coverage
ESTA shall furnish the TOWN with original endorsements effecting coverage required by this section. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the TOWN before work commences. TOWN reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

For all terms under Section 4 of this agreement:

TOWN hereby agrees to indemnify and holds harmless ESTA, its officers, employees, and agents from any and all liability or claim of liability, including attorney’s fees, arising by reason of personal

TOWN/ESTA

injury, death or property damage to the extent resulting from TOWN’s negligence, recklessness or willful misconduct in the performance of its duties and obligations under this agreement.

For all terms under Sections 5 of this agreement:

ESTA hereby indemnifies and holds harmless TOWN, its officers, employees, and agents from any and all liability or claim of liability, including attorney’s fees, arising by reason of personal injury, death or property damage and resulting from ESTA’s negligence, recklessness or willful misconduct in the performance of its duties and obligations under this agreement.

Section 18: Successors
This Agreement shall be binding upon, and shall inure to the parties hereto, and their respective shareholders, partners, directors, agents, personal representatives, successors-in-interest, and assigns.

ESTA shall not assign, sublet, or subcontract its rights or obligations under this Agreement, or charter TOWN-owned vehicles for the use of third parties without prior written consent from TOWN.

Section 19: Counterparts
This Agreement may be executed simultaneously or in counterparts, and each of the counterparts shall be deemed to be an original, but all such counterparts shall constitute one and the same Agreement.

Section 20: Governing Law and Venue
This Agreement shall be construed and enforced pursuant to the laws of the State of California. The venue for any action to interpret or enforce this Agreement shall be the Mono County Superior Court or the federal courts of the Eastern District of California.

Section 21: Compliance with Laws
In addition to the laws, statures, rules, and regulations specifically set forth herein, ESTA shall comply with any and all applicable laws, ordinances, statues, codes and regulations of the federal, state, and local governments. ESTA shall also comply with rules and regulations associated with any State or federal funding which is used in whole or part to fund services provided by this agreement.

Section 22: Termination

1. TOWN may terminate this agreement in the event of a material breach by ESTA. A “material breach” for this purpose shall constitute failure of ESTA to comply with any of the material terms of Agreement or to perform its obligations called for by Agreement if the failure continues for thirty (30) days after written notice has been given to ESTA.

2. ESTA has the right to terminate Agreement in the event of a material breach by TOWN. A “material breach” for this purpose shall constitute failure of TOWN to comply with any of the material terms of

TOWN/ESTA

Agreement or to perform its obligations called for by Agreement if the failure continues for thirty (30) days after written notice has been given to TOWN.

3. This Agreement may also be terminated at any time upon mutual consent of both parties.

Section 23: TOWN's Remedies on Breach and Waiver
It is understood and agreed that in the event of failure by ESTA to perform services required by Agreement, in addition to all other remedies, penalties and damages provided by law, TOWN may provide such services, and deduct the cost of doing so from the amounts due, or to become due to ESTA. The costs to be deducted shall be the actual costs to TOWN to provide such services, or the costs shown on the Payment Schedule, whichever is greater.

ESTA agrees that any waiver, or any breach or violation of any term or condition of this Agreement, or any failure to enforce any term or condition of this Agreement, shall not be deemed to be a waiver of any other term or condition contained herein, or a waiver of any subsequent breach or violation of the same, or any other term or condition. The acceptance by TOWN of the performance of any work or services by ESTA shall not be deemed to be a waiver of any term or condition of this Agreement.

Section 24: Additional Terms
The validity, legality, or enforceability, in whole, or in part of any provision of Agreement, shall not affect or impair the validity, legality, or enforceability, of other provisions.

This Agreement and all exhibits, addenda, and documents incorporated by reference herein, constitute the full and complete understanding of the parties, and supersede any previous agreements or understandings, oral or written, with respect to the subject matter hereto. The Agreement may only be modified by a written instrument signed by both parties hereto.

All reports, documents or other materials developed by TOWN or any other person engaged directly or indirectly by ESTA to perform the services required hereunder shall be and remain the property of TOWN without restriction or limitation upon their use by TOWN.

Section 25: Records

1. In addition to all other records required to be produced or maintained pursuant to this Agreement, ESTA shall maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to TOWN for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to ESTA pursuant to Agreement.

2. ESTA shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

TOWN/ESTA

3. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the Town Attorney, Town Manager, or a designated representative of nay of these officers. Copies of such documents shall be provided to TOWN for inspection in TOWN’s offices when such documents are available at ESTA’s address indicated for receipt of notices in this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed Agreement the day and year herein above written.

TOWN OF MAMMOTH LAKES, EASTERN SIERRA TRANSIT AUTHORITY Municipal Corporation Joint Powers Authority
By:_______________________ By:_______________________
Town Manager Executive Director
Signature Page

TOWN/ESTA

Attachment A: Billing Rates
The billing rates for the services provided pursuant to this section are provided below. The Board of Directors of ESTA may adjust these rates annually on July 1 of each year subject to written concurrence by the Town of Mammoth Lakes.

ESTA Managed Vehicles $ 52.00/hr.

TOWN/ESTA

Attachment B: Services
Services covered by this agreement shall be as specified in the table below.

Service Hours
Purple Line 4,015
Town Trolley 10,775
Dial-a-Ride 2,268
Lakes Basin 1,848
Trippers 152
Total 19,058

TOWN/ESTA

Attachment C: Additional Service
From time to time, ESTA may provide services to TOWN outside the normal operating services. Charges for this extra service shall be charged at the established charter rate per the ESTA Charter Policy.

TOWN/ESTA

Attachment D: Town Vehicles and Maintenance Rates
The following list shall be updated regularly by the TOWN to reflect changes in the vehicle fleet.

Trolley #’s 901, 905, 906, 907, 908, 909
Shop Rates shall be reevaluated and updated by TOWN prior to July 1st of each fiscal year. The rates effective by the date signed for below shall be.
• Labor: $108.00 per hour
• Materials and parts: actual cost, without markup
• Fuel: actual fuel cost plus ten cents per gallon

TOWN/ESTA

Attachment E: ESTA use of Town Vehicles
Billing rates shall be reevaluated and updated by TOWN prior to the presentation of the draft ESTA budget for that fiscal year.

Until and unless updated by TOWN, the rates shall be:
• Trolley $ 200.00 per day
• Bus $ 200.00 per day

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Establish Goals for the Joint Meeting with Mammoth Lakes Housing.

Council Meeting Date: 2/2/2022
Prepared by: Sandra Moberly, Community and Economic Development Director Recommended Motion: Staff recommends that the Town Council review the staff report and provide direction to staff regarding the agenda for the joint meeting with Mammoth Lakes Housing (MLH) scheduled on February 9, 2022 at 5:00 p.m.

Summary: The Town Council has a joint meeting scheduled with Mammoth Lakes Housing (MLH) on February 9, 2022 at 5:00 p.m. The purpose of this agenda item is to allow the Town Council to discuss the joint meeting and establish an agenda and goals for the meeting. Please see the attached staff report for more information.

1 TOWN COUNCIL STAFF REPORT
Title: Establish Goals for the Joint Meeting with Mammoth Lakes Housing.

Meeting Date: February 2, 2022
Prepared by: Sandra Moberly, Community and Economic Development Director RECOMMENDATION:

Staff recommends Town Council provide direction to staff regarding the key focus areas to be discussed at the February 9th joint meeting Mammoth Lakes Housing (MLH) in preparation of the contract renewal.

BACKGROUND
On July 7, 2021, the Town Council discussed the MLH contract and approved a one-year contract which expires on June 30, 2022 (Attachment 1). When the Town Council approved the MLH contract, they provided direction to Town staff to seek out additional housing programs and determine the level of support needed from MLH for the new housing programs. MLH has provided real estate services for the new Town “Bridge Program” and has continued to assist the Town with identifying and applying for grant funding. Since execution of the Town contract, MLH has pursued other contract work, grant applications such as the HomeKey hotel conversion project, and continues to seek out additional funding for Access Apartments project (238 Sierra Manor Road). The dynamic nature of the Town’s Housing Now! program, changing state laws, new funding streams, COVIDrelated support programs and the high demand for affordable, workforce housing has challenged the current contractual structure.

In the past, Town and MLH staff have prepared a draft contract for consideration by the Town Council and the MLH Board. For the 2022 contract negotiations, the Town Council provided direction that rather than staff preparing a draft contract for consideration, they would like to discuss and identify priority focus areas that the Town would like MLH to focus on for the next contract period and frame the contract around these focus areas. This meeting will provide the Town Council with an opportunity to discuss potential priority areas that can be included in the February 9th joint meeting with the MLH Board.

The funding for the current contract is a fixed amount of $336,000 per year with an opportunity to for MLH to request additional funding for specific projects. In the past, MLH has provided services outside of the scope of the contract without additional compensation (e.g., Covid tenant rental assistance) and has also requested additional funding for specific projects (e.g., MLH real estate services associated with certain units purchased and sold through the Bridge Program). While the Town funds a majority of the operating costs for MLH, they do receive funding from Town grant implementation (i.e., activity delivery and administrative funding), non-Town grants, and contract work for other

2 agencies. The structure and requirements of a new contract will inform any modifications to the funding amount.

ANALYSIS:

The Town Council holds joint meetings with NGOs as part of the contract development and work program update. The intent of these meetings is to allow the Council and the NGO Board to discuss a variety of issues/items that are relevant to both groups. The purpose of this agenda item is to allow the Town Council to prepare for the February 9th joint meeting with MLH and determine the topics they would like to discuss at the meeting.

This will provide the initial structure for a renewed contract.

Staff recommends that the agenda for the joint meeting include

1. Town’s Housing Program Highlights

2. MLH Housing Program Highlights

3. Town Council Identified Contract Focus Areas (as discussed below)

4. Next Steps for MLH Contract

5. Other Items
The first two items will give Council and MLH an updated understanding of the current work programs and projects being undertaken by each agency.

Town Council Identified Contract Focus Areas
The primary focus of this meeting is to inform the contract discussion by defining key focus areas that are of importance to Council. This process gives the Town Council the opportunity to identify the top focus areas in order to craft a focused scope of work for the 2022 contract for MLH-provided housing related services. Based on the past six months of progress on the Town’s housing program, staff suggests that the focus areas include the following:

1. Creation and preservation of deed restricted units
a. Use Revolving Loan Fund (RLF) to preserve deed restricted units b. Use the Town Bridge program to add new units
c. Define funding and programs to add affordable deed restricted units (e.g., Homekey project).

2. Develop and maintain a proactive wait list for both renters and owners/matching households with appropriate housing units (affordability level, family size, rental, ownership etc.)

3. Seek out and apply for grants to bring more money to produce new housing units in Mammoth Lakes
a. Traditional funding sources like CDBG, HOME
b. Non-traditional sources (e.g., Community Reinvestment Act (CRA)), c. Provide options to maximize federal, state and other funding sources.

3 d. Actively manage, report, track and promote grant funding

4. Provide Real Estate Services
a. Buy and sell units for the Bridge Program

5. Provide housing services and information to community members a. Office hours
b. Website
o Provide information on housing related resources and/or services (consider training ‘housing ambassadors' or ‘ombudsmen’ to increase capacity) The joint meeting will allow the Town Council to discuss these focus areas with the MLH Board, receive feedback from the Board, and provide Town and MLH staff with direction on focus areas to include in the draft 2022 contract. Each focus area will have additional deliverables to define expectations and specific work program. This will allow MLH to provide an informed response as to how they can make progress in each focus areas.

The contract approved by the Town Council on July 7, 2021 includes a detailed scope of work (Exhibit A) with deliverables in eight program areas:

1. Outreach, Marketing and Education

2. Deed Restriction Owner Services

3. Revolving Loan Fund (RLF)

4. Grants and Loans

5. Rental Management

6. Real Estate Services

7. Miscellaneous

8. General NGO Administration
The deliverables identified in the scope of work provided a framework to allow MLH to assist the Town in meeting its goal to provide safe, decent, and affordable housing to meet the needs of existing and future residents. The proposed focus areas build off the past work and implementation of new programs.

Other Items
Currently, MLH operates as a Brown Act body due to the appointment of a Town Councilmember and Mono County Board of Supervisor on the MLH board by the respective governing bodies. There have been discussions in the past of changing the relationship between the Town and MLH to be a purely contractual relationship with an independent non-profit which would include removing the local governments directly appointing representatives. This would require changes to MLH structure including amendment of its bylaws. MLH is also a Community Housing Development Organization “CHDO”, which restricts some involvement of the local elected officials on the board, as well as the Board makeup but allows MLH to have access to other funding opportunities.

As MLH secures other service contracts and expands services beyond the Town, the flexibility afforded to a standalone non-profit may be beneficial. The Town could simply

4 contract for certain services and/or provide a direct contribution for the public benefit provided by MLH. The Town Council can discuss whether the current relationship is working or if there is a desire to change the relationship structure. If the Town Council provides direction to consider a different relationship structure, staff will analyze this option and will provide the Town Council and MLH with the positives and negatives of this type of change.

Next Steps
The next steps include:
- February 9, 2022 Joint Town Council/MLH meeting to discuss with MLH the Council’s defined focus areas.
- Draft MLH contract presented to Town Council no later than May 7 th, with a final
contract on June 1, 2022.

ATTACHMENTS:

Attachment 1: MLH Contract dated July 1, 2021

Town Council Goals for Joint Meeting
with MLH
February 2, 2022
Sandra Moberly, Community and Economic Development Director

Background
• MLH Contract approved by Town Council on July 7, 2021 – included in packet for information only
• July 7, 2021 Town Council direction to seek out additional housing programs/MLH collaboration items
• New programs:
• “Bridge” Program – buy market rate condos, deed restrict and sell • New grant sources – HomeKey
• Town Council desire to identify priority focus areas for 22/23 contract • Joint meeting – Wednesday, February 9 at 5:30 p.m.

Joint Meeting Agenda - Draft
• Town’s Housing Program Highlights
• Town and MLH staff will provide an update on respective housing programs • MLH Housing Program Highlights
• Town Council Identified Contract Focus Areas
• Next Steps for MLH Contract
• Other Items
Staff will finalize agenda after feedback from Town Council

Potential Focus Areas
• Creation and preservation of deed restricted units
• Use Revolving Loan Fund (RLF) to preserve deed restricted units • Use the Town “Bridge” program to add new units
• Define funding programs to add affordable deed restricted units (e.g., HomeKey)
• Develop and maintain a proactive wait list for
renters/owners
• Match households with appropriate housing units
• Consider affordability level, family size, rental, ownership etc.

Potential Focus Areas
• Seek out and apply for grants to bring more money to
produce new housing units in Mammoth Lakes
• Traditional funding sources like CDBG, HOME
• Non-traditional sources (e.g., Community Reinvestment Act (CRA)),
• Provide options to maximize federal, state and other funding sources.
• Actively manage, report, track and promote grant funding

Potential Focus Areas
• Provide Real Estate Services
• Buy and sell units for the Bridge Program
• Provide housing services and information to community members
• Office hours
• Website
• ‘Housing ambassadors' or ‘ombudsmen’ to increase capacity

Next Steps for MLH Contract
• February 9, 2022 Joint Meeting with MLH Board
• Draft MLH contract to Town Council by May 7
• Final Contract on June 1
• Other meetings as needed?

Other Items
• MLH operates as a legislative body due to Councilmember/BOS appointments
• MLH could transition to a stand alone non-profit if desirable • MLH CHDO status limits elected official involvement but provides additional funding opportunities
• If directed by Council, staff can analyze changes to the relationship structure

Town Council Discussion Items
• Provide feedback/consensus on focus areas
• Higher/lower priority focus areas?
• Are there focus areas we missed?
• Provide feedback on current contractual relationship with MLH • Could changes enhance the provision of housing to our community? • Other discussion items for Joint Meeting?

Thank You!
February 2, 2022
Sandra Moberly, Community and Economic Development Director

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Update on the Management and Response to the COVID-19 Pandemic.

Council Meeting Date: 2/2/2022
Prepared by: Daniel C. Holler
Recommended Motion: Provide comment and any direction on status of the ongoing response to the COVID-19 pandemic
Summary:

Staff will provide an update on data, response, and management of the COVID-19 pandemic.

Public Health clinics are continuing to be offered throughout Mono County. Vaccinations are also available from local pharmacies. Testing for COVID-19 is available from OptumServe Tuesday through Saturday at the Sierra Star Golf Course club house from 11am to 7pm, with a closure from 3-4pm. Scheduling an appointment for testing is highly recommended and pending testing demand, may be required. An update on the most recent COVID-19 data and statistics will be provided. The County has seen a drop in the number of positive cases of the Omicron Variant as the transmission of the variant appears to be in steady decline.

TOWN COUNCIL
COVID-19

PRESENTATION
FEBRUARY 2, 2022

MONO COUNTY METRICS
TESTED – 2,553
NEGATIVE – 2,347
PENDING - 125
POSITIVE – 84
DEATHS - 1
POSITIVITY RATE – 3.29%
As of January 25, 2022
TOTAL POSITIVE CASES (PCR CONFIRMED): 2,888

MONO COUNTY METRICS
TESTED – 2,553
NEGATIVE – 2,347
PENDING - 125
POSITIVE – 84
DEATHS - 1
POSITIVITY RATE – 3.29%
MONO COUNTY CASE STATS: POP. ADJUSTED CASE RATE
As of January 29, 2022
• Jan. 1 - 8: 436*
• Jan. 9 – 15: 270*
• Jan. 16 – 22: 105*
• Jan. 23 – 29: 49*
*Actual case rates over a 7-day period.

Mammoth Hospital:
• Status = GREEN
• No COVID-19 related
hospitalizations
• Difficulty transferring patients
• Seeing many ski related injuries
and multiple COVID-19 cases
daily.

MONO COUNTY METRICS
TESTED – 2,553
NEGATIVE – 2,347
PENDING - 125
POSITIVE – 84
DEATHS - 1
POSITIVITY RATE – 3.29%
MONO COUNTY CASE STATS: ACTUAL 7-DAY CASE RATES
As of January 29, 2022

MONO COUNTY METRICS
TESTED – 2,553
NEGATIVE – 2,347
PENDING - 125
POSITIVE – 84
DEATHS - 1
POSITIVITY RATE – 3.29%
CALIFORNIA COVID-19 DASHBOARD
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/CovidDataAndTools.aspx Page 117 of 129

MONO COUNTY METRICS
TESTED – 2,553
NEGATIVE – 2,347
PENDING - 125
POSITIVE – 84
DEATHS - 1
POSITIVITY RATE – 3.29%
MONO COUNTY COVID-19 VACCINE DASHBOARD
As of January 29, 2022

VACCINE EFFECTIVENESS
• Vaccines prevent serious illness, save lives, and reduce further spread of COVID-19. • As more people are vaccinated, the virus is less likely to spread, mutate, and potentially become even more dangerous. Vaccines will help put an end to the pandemic. • Unvaccinated people were 7.5 times more likely to get COVID-19 than people who received their booster dose.
• Unvaccinated people are 14.9 times more likely to be hospitalized with COVID-19 than fully vaccinated people.

VACCINE

ELIGIBILITY
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Vaccine-Booster-QA.aspx#

✔️ Masks are required to be worn in all indoor public settings irrespective of vaccine status through February 15, 2022, at which point California will make further recommendations as needed in response to the pandemic.
✔️ Prior to attending an event, attendees will now require either proof of vaccination, a negative antigen COVID-19 test within one day of the event, or a negative PCR test within two days of the event.
✔️ New travel advisory: all travelers arriving in California test for COVID-19 within three to five days after arrival, regardless of their vaccination status.

Details: https://www.cdph.ca.gov/Programs/OPA/Pages/NR21-352.aspx

UNIVERSAL MASKING REQUIRED FOR

ALL PUBLIC INDOOR SETTINGS

UPGRADE YOUR MASK!
• Thanks for masking up, Mammoth Lakes!
• It’s time to level up your protection against
#COVID19. Choose a mask with good fit and
filtration (N95 and KN95 masks are best).

Double masking is also good (a surgical mask
plus a cloth mask on top).
• Regardless of the mask type, it is only effective
if it is worn over your mouth and nose.
• The least effective mask is a fabric mask with
three or more cloth layers, while surgical
masks or higher-level respirators (e.g., N95s,
KN95s, KF94s) provide the best protection
against COVID-19.
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/types-ofmasks.html

https://coronavirus.monocounty.ca.gov/pages/healthPage 123 of 129 FREE AT-HOME COVID-19 TESTS NOW AVAILABLE
Every home in the U.S. is now eligible to order four (4) free at-⁠home COVID-⁠19 tests from the federal government. The tests are completely free, and orders will usually ship in 7-12 days.

ABOUT THE TESTS
• Rapid antigen at-home tests, not PCR
• Can be taken anywhere
• Results in 30 minutes (no lab drop-off required)
• Work whether or not you have COVID-⁠19 symptoms
• Work whether or not you are up to date on your COVID-⁠19 vaccines

WHEN TO TEST
• If you begin having COVID-⁠19 symptoms, including fever, sore throat, runny nose, or loss of taste or smell, or
• At least 5 days after you come into close contact with someone with COVID-⁠19, or
• When you’re going to gather with a group of people,
especially those who are at risk of severe disease or may not be up to date on their COVID-⁠19 vaccines
ORDER: https://www.covidtests.gov/Page 124 of 129
MONO COUNTY COVID-19

LOCAL INFORMATION &

RESOURCES
• Website: MonoHealth.com/Coronavirus
• Spanish: https://monohealth.com/coronavirus-es
• Facebook:
https://www.facebook.com/monohealthdepartment
• Email: [email protected]

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Update on steps taken in response to Thompson incident.

Council Meeting Date: 2/2/2022
Prepared by: Town Attorney Andrew Morris
Recommended Motion: This is an informational item only and no action is required.

Summary:

On March 9, 2021 local resident Stephanie Thompson reported her vehicle had been stolen. The vehicle was located on March 10th and Ms. Thompson was notified. Ms. Thompson declined to have the vehicle towed, and the vehicle was subsequently stolen again. After the second theft, Mammoth Lakes Police Department personnel contacted Ms. Thompson in the field again. A police vehicle that had not been properly parked briefly pinned Ms. Thompson and two officers up against another police vehicle. Town staff subsequently offered Ms. Thompson a cash settlement in exchange for a release of potential claims arising from these incidents. Ms.

Thompson declined to execute a settlement agreement, and no settlement was ever finalized.

Following these events, the Town commissioned an independent investigation of how these incidents were handled by Town staff. The investigation concluded that one MLPD officer had failed to follow MLPD policy when he failed to secure his vehicle. The investigation concluded that the offer of the cash settlement, and the manner in which that offer was communicated, did not violate any MLPD policies or procedures and were not unethical or inappropriate. Because Ms. Thompson has filed a claim against the Town and has retained an attorney, it is not appropriate to release the investigation report publicly at this point.

At the direction of the Town Council, the use of field settlement agreements is under review by Town management and legal counsel. We anticipate bringing forward a recommendation to the Town Council soon regarding whether or not, when, and how such settlements may be used. We will suggest that any Town Council direction regarding such settlements be memorialized in a written policy

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Council Report on Town Manager Evaluation.

Council Meeting Date: 2/2/2022
Prepared by: Town Council
Recommended Motion: Informational item with no recommended action.

Summary:

On January 19, 2022, the Council held a closed session to conduct an annual evaluation of the Town Manager. While no formal action was taken in the closed session, Council will provide comments related to their evaluation of the Town Manager.

Agenda Item ________
File No. ____________

AGENDA BILL
Subject: Councilmember Reports
Initiated by: Jamie Gray
______________________________________________________________________ BACKGROUND:

Each member of the Town Council is appointed to serve as a Town representative to a number of committees, commissions, and organizations.

These groups meet infrequently and from time to time the representatives will report to the rest of the Council at a regularly scheduled meeting.

In addition, Councilmembers on occasion participate in meetings, conferences and seminars, and their reports on these educational opportunities are of benefit to the rest of the Council.

ANALYSIS/DISCUSSION:

California Government Code requirements pertaining to the open meeting act stipulate that all items for discussion must be listed on the agenda before the matter can be discussed and/or acted upon. To meet this requirement, and the intent of the Brown Act, Councilmember Reports are listed on each agenda to allow representatives to report to the rest of the Council at these meetings.

The following is a list of the commission/committees on which members of the Council serve:

Land Use:

Local Agency Formation Commission (LAFCO) – Rea, Stapp, and Salcido as alternate
Airport Land Use Commission – Stapp and Rea
Mono County Collaborative Planning Team (CPT) – Salcido and Rea as alternate Intergovernmental Relations:

Town and County Liaison Committee – Stapp, Salcido, and Town Manager and Rea as alternate
Desert Mountain Division of the League of California Cities – Sauser and Town Manager as alternate
Eastern Sierra Council of Governments (ESCOG) – Salcido, Wentworth, and Sauser as alternate
Great Basin Unified Air Pollution Control District – Wentworth and Stapp as alternate

League of California Cities City Voting Delegate – Sauser and the Town Manager as the alternate
California Joint Powers Insurance Authority Board – Rea and Assistant to the Town Manager as alternate
Transportation:

Local Transportation Commission (LTC) – Wentworth, Sauser, and Jennifer Burrows; Town Manager as alternate
Eastern Sierra Transit Authority (ESTA) Board – Stapp and Sauser Local Issues:

Mammoth Lakes Tourism (MLT) Board – Sauser
Mammoth Lakes Recreation (MLR) Board – Rea
Mammoth Lakes Housing (MLH) Board – Stapp
Treasury Oversight Committee – Stapp; Town Manager and Finance Director as alternates
LEGAL CONSIDERATIONS:

According to the California Open Meeting Act, commonly referred to as the Brown Act, the agenda must reflect every matter to be discussed by a governing body.

RECOMMENDATION(S):

This agenda bill is submitted for information only.