Town Council Agenda
Wednesday, April 6, 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
Join from a PC, Mac, iPad, iPhone, or Android device:
Please type in or cut and paste in this URL to join. https://monocounty.zoom.us/s/92958002088 Or join by phone:
Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 301 715 8592 or +1 312 626 6799 or +1 646 876 9923
Webinar ID: 929 5800 2088
International numbers available: https://monocounty.zoom.us/u/acobwlnMsm Public comments can also be given through Zoom by logging in or dialing in and raising your hand.
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 new Assistant Engineer Pamela Smitheman.
6.2. Introduce newly promoted Senior Planner Kim Cooke.
7. PUBLIC PRESENTATIONS
7.1. Proclamation declaring April as Fair Housing Month in the Town of Mammoth Lakes.
7.2. Proclamation declaring April as Child Abuse Prevention Month.
7.3. Proclamation declaring April as Sexual Assault Awareness Month.
7.4. Mammoth Hospital Cares Community Engagement Presentation from Mammoth Hospital Chief Executive Officer Tom Parker.
8. CONSENT AGENDA
8.1. Approve the minutes of the regular meeting of March 16, 2022.
8.2. Approve the minutes of the special meeting of March 30, 2022.
8.3. Approve the resolution re-authorizing the Town Council to meet virtually during the COVID-19 pandemic declared emergency.
8.4. Appoint the three applicants to serve as members of the Building Advisory Committee/Board of Appeals, with terms expiring on April 1, 2026.
8.5. Authorize the Town Manager to dedicate right-of-way for street purposes within The Parcel.
8.6. Resolution to approve the FY2022-23 project list to be submitted to the California Transportation Commission (CTC) for funding from the Road Maintenance and Rehabilitation Account (RMRA) funds under Streets and Highways Code Section 2034.
8.7. Authorize a professional services agreement with BPR Consulting Group for building plan check services.
8.8. Award contract for the 2022 Bluffs Slurry Seal Project to Intermountain Slurry Seal, Inc.
8.9. Waive the reading and approve by title only the ordinance amending Chapter 2.40 of the Town of Mammoth Lakes Municipal Code.
8.10. Accept Payment Approval Report No. 22-37 in the amount of $313,854.73. Accept Payment Approval Report No. 22-38 in the amount of $1,162,479.02. Accept Payment Approval Report No. 22-39 in the amount of $773,823.93. Accept Payment Approval Report
No. 22-40 in the amount of $675,608.38.
9. PUBLIC HEARINGS
Public Hearing Procedure.
The Mayor will open the public hearing and then: Statement and presentation by staff.
Statement and presentation by property owner or appellant. Questions from the Town Council. Call for testimony. Rebuttal to previous testimony by property owner or appellant.
Close the public hearing, terminating public testimony. The Town Council will deliberate the matter and arrive at a decision.
9.1. Introduction of an Ordinance Establishing Underground Utility District (UUD) 2022-01.
9.2. Public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the
State of California, in an amount not to exceed $50,000,000, (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at Tavern Road & Center Street (APN 035-010-020), Mammoth Lakes, California (the "Project") and adopt a resolution to become a member of the CMFA and to approve the financing of the Project by the CMFA.
10. POLICY MATTERS
10.1. Consider Acceptance of Final Draft Mobility Hub Study and Program.
10.2. Award design-build contract for the 60 Joaquin housing project.
11. COUNCILMEMBER REPORTS
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities
12. CLOSED SESSION
12.1. Pursuant to Government Code Section 54957.6.(a), Conference with Labor Negotiators, the Council will meet with its representatives, Town Manager Daniel C.
Holler, Administrative Services/Finance Director Rob Patterson, and Human Resources Manager Amanda
Pelham, with respect to the following Employee Bargaining Units: Mammoth Lakes Police Officers’ Association, Mammoth Lakes Police Supervisory Association, Mammoth Lakes General Employees' Association, and Mammoth Lakes Public Works Employees' Association.
12.2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One case).
13. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
14. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, April 20, 2022 at 4:00 p.m.
A PROCLAMATION OF THE TOWN COUNCIL OF THE
TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
PROCLAIMING APRIL 2022 AS
FAIR HOUSING MONTH
WHEREAS, April 11, 2022, marks the 54
th anniversary of the passage of the Fair
Housing Act, Title VIII of the Civil Rights Act of 1968, as amended, which enunciates a national policy of Fair Housing that prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability, and commits recipients of federal funding to affirmatively further fair housing in their communities; and
WHEREAS, the Mammoth Lakes Board of Realtors and Mammoth Lakes Housing, Inc. are committed to highlight the Fair Housing Act by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities for all, and to plan partnership efforts with other organizations to help assure everyone of their right to fair housing; and
WHEREAS, the National Association of Realtors Code of Ethics commits all realtors to provide equal professional services without discrimination based on race, color, religion, sex, familial status, handicap, sexual orientation, gender identity, and national origin.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Mammoth Lakes, California, hereby proclaims that the month of April, 2022 is Fair Housing Month in the Town of Mammoth Lakes and urges all citizens to wholeheartedly recognize this commemoration of the Fair Housing Act throughout the year.
PROCLAIMED this 6th day of April 2022.
_________________________________
ATTEST: LYNDA SALCIDO, Mayor
____________________________
JAMIE GRAY, Town Clerk
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, DECLARING
APRIL, 2022 AS CHILD ABUSE PREVENTION MONTH
WHEREAS, there are approximately 8 victims of child maltreatment per 1,000 children per year in the United States, according to 2020 federal data; and WHEREAS, Child Abuse Prevention Month calls attention to all children, our most vulnerable community members and most vital resource to our community’s future; and WHEREAS, early childhood trauma has a lifelong impact on physical and mental health, including healthy brain development; and
WHEREAS, all children deserve to have safe, stable, nurturing homes and communities that foster healthy growth and development; and
WHEREAS, child abuse and neglect can be prevented in the Town of Mammoth Lakes through partnerships between community members, human service agencies, schools, faith communities, health care providers, civic organizations, law enforcement agencies, and the business community; and
WHEREAS, the Child Abuse Prevention Council (CAPC) requests public support as they continue efforts to bring real hope for ending child abuse in the Town of Mammoth Lakes.
NOW THEREFORE, BE IT PROCLAIMED that in recognition of the important work done by the Mono County CAPC and all human service providers in the Town of Mammoth Lakes, the Mammoth Lakes Town Council hereby proclaims April, 2022, as Child Abuse Prevention Month in Mammoth Lakes and urges all citizens to recognize this month by dedicating ourselves to the task of improving the quality of life for children and families.
PROCLAIMED this 6th day of April, 2022.
_______________________________
LYNDA SALCIDO, Mayor
ATTEST:
____________________________________
JAMIE GRAY, Town Clerk
A PROCLAMATION OF THE TOWN COUNCIL OF THE
TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
DECLARING APRIL, 2022 AS
SEXUAL ASSAULT AWARENESS MONTH
WHEREAS, rape, sexual assault, and sexual harassment harm our community, and statistics show that 1 in 6 women and 1 in 33 men will experience attempted or completed rape during their lifetime; and
WHEREAS, youth ages 12-17 are 2.3 times as likely to be victims of rape or sexual assault than adults; and
WHEREAS, survivors of violence should have access to compassionate, competent services including medical, legal, counseling, and transitional housing so that they can heal from the abuse; and
WHEREAS, sexual abusers should be punished to the full extent of the law; and WHEREAS, prevention of violence is possible through education, awareness, community involvement, and speaking out against harmful attitudes and actions; and WHEREAS, it is time for all resident of Mono County to take action to create a safer environment for all and make ending sexual assault a priority; and WHEREAS, it is important to recognize the compassion and dedication of the individuals who provide services to victims of sexual assault and work to increase public understanding of this significant problem.
NOW, THEREFORE, BE IT PROCLAIMED in recognition of the important work done by Wild Iris and all victims’ service providers in Mammoth Lakes, that the Town Council of the Town of Mammoth Lake hereby proclaims the month of April, 2022 as Sexual Assault Awareness Month in the Town of Mammoth Lakes.
PROCLAIMED this 6th day of April, 2022.
_________________________________
ATTEST: LYNDA SALCIDO, Mayor
____________________________________
JAMIE GRAY, Town Clerk
Mammoth
Hospital Cares
Join the Conversation today!
Spring 2022
Join the Conversation
• Thank you to the hundreds of residents that participated in our recent community survey!
• Mammoth Hospital not only cares for those of you who needs help, but we also care about your feedback on our local emergency response and health needs!
• This is why we’ve launched Join the Conversation – an expanded community engagement survey to hear from all of our communities on your local healthcare priorities.
What is the vision for Mammoth
Hospital’s local emergency healthcare
services?
In the last year alone, Mammoth Hospital
served over 10,000 emergency room
patients, many of whom had life
threatening conditions and all of whom
benefitted from having our Hospital close
to home.
Local Emergency
Healthcare
The Hospital wants to:
increase the number of beds
available in the intensive care unit
make drop-off at the emergency
room faster
continue to provide our
community with essential lifesaving services and quality care well into the future
What local specialized services does Mammoth
Hospital provide?
Mammoth Hospital wants to expand access to
healthcare by expanding and centralizing services
such as outpatient procedures, cancer screenings,
chemotherapy, and IV medications for chronic
illnesses.
We don’t want residents to have to travel up to six
hours to get the specialized care they need.
To prepare for these challenges into the future, we
are working to create a plan so we’re always ready
to address the healthcare needs of any resident or
family who needs help.
What are
Local
Healthcare
Priorities?
The community recently
identified healthcare priorities
including:
Maintaining advanced,
local inpatient medical
care
Continuing to attract and
retain the most qualified
well-trained doctors,
nurses, and specialists
from top medical schools
Maintaining local
healthcare services
Removing asbestos from
the Hospital
We want to hear
from YOU!
Whether you’ve had to use our
Hospital or not, your perspectives
are important in our planning for
the future.
Join the
Conversation
Today!
• Please take a moment to Join the
Conversation today by visiting
www.MammothHospital.org/input.
• We look forward to keeping you updated
on the results of the conversation and our
vision for our local healthcare services.
QUESTIONS?
Town Council of Mammoth Lakes
Minutes of Regular Meeting
March 16, 2022, 2:30 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 2:32 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
John Morris, Mammoth Lakes Lodging Association, spoke about rental assistance for workforce housing.
4. ADDITIONS TO THE AGENDA
There were no additions to the agenda.
Town Council Minutes
March 16, 2022
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Parks and Recreation Director Stuart Brown gave an update regarding the COVID pandemic, and an update regarding current parks and recreation activities.
Administrative Services/Finance Director Rob Patterson gave an update regarding current finance activities.
Councilmember Rea joined the meeting at 2:43 p.m.
John Morris, Board of Mammoth Lakes Tourism (MLT), gave an update regarding current MLT programs. There was discussion among members of Council and Mr. Morris.
6. WORKSHOP
6.1 Joint Workshop with the Recreation Commission.
Recreation Commissioners Christi Constable and Sean Turner, Vice Chair Laurel Martin, and Chair Betsy Truax were in attendance.
There was discussion among members of the Commission, Council, and staff.
CONSENSUS:
Council directed staff to bring back consideration of an increase to youth sports funding.
7. COUNCIL PRESENTATIONS
7.1 Introduce newly promoted Engineering Manager Amy Callanan.
Public Works Director Haislip Hayes congratulated Ms. Callanan on her promotion.
8. STAFF PRESENTATIONS
8.1 Bird presentation on implementing service.
Public Works Director Haislip Hayes introduced Bird Scooter representatives, Taylor Kenney and Michael Covato. Mr. Covato and Ms.
Kenney spoke about the implementation of services in Mammoth Lakes.
There was discussion among members of Council, staff, and the Bird Scooter representatives.
Town Council Minutes
March 16, 2022
The Mayor called a recess at 4:30 p.m. and the Council reconvened at 4:38 p.m.
8.2 2022-23 Capital Improvement Plan (CIP) Update.
Public Works Director Haislip Hayes and Town Manager Daniel C. Holler gave a presentation outlining the CIP. There was discussion among members of Council and staff.
CONSENSUS:
Council directed staff to add a project to the list regarding the conversion of office space to housing.
PUBLIC COMMENT:
Kathy Cage commented on the uses for the community center site.
CONSENSUS:
Council directed staff to build projects for multiple uses.
Council directed staff to improve existing infrastructure Council was in favor of the proposed roundabouts.
PUBLIC COMMENT:
Ms. Cage asked questions and Mr. Hayes responded.
Sandy Hogan spoke about the potential for roundabouts.
CONSENSUS:
Council directed staff to add Trails System Master Plan Node Connections to the five-year program.
Ms. Cage said that she did not agree with the conclusions in the Mobility Plan. She requested that the Town develop a transportation system design.
9. CONSENT AGENDA
Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Sarah Rea
Approve the Consent Agenda.
Town Council Minutes
March 16, 2022
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp Carried (5 to 0)
9.1 Approve the minutes of the regular meeting of March 2, 2022.
9.2 Approve the resolution re-authorizing the Town Council to meet virtually during the COVID-19 pandemic declared emergency.
9.3 Authorize a Lease Agreement with Mammoth Disposal for use of 312 Industrial Circle in the Industrial Park.
9.4 Authorize a professional services agreement with Lisa Wise Consulting Inc. for Mammoth Mountain Main Lodge Redevelopment project management.
9.5 Approve and adopt the Resolution establishing delegation of authority as a contracting agency of the California Public Employees’ Retirement System (CalPERS) to the office/position of Town Manager.
9.6 Accept the Town’s 2020-21 Independent Auditor’s Report.
9.7 Accept Payment Approval Report No. 22-35 in the amount of $202,422.42. Accept Payment Approval No. 22-36 in the amount of $595,780.23.
10. PUBLIC HEARINGS
10.1 Adopt Resolution of Intent to Establish an Undergrounding Utility District (UUD).
The Mayor called a recess at 6:39 p.m. and the Council reconvened at 6:46 p.m.
The Mayor opened the public hearing at 6:47 p.m.
Public Works Director Haislip Hayes outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 6:55 p.m.
Moved by Councilmember Bill Sauser
Seconded by Mayor Pro Tem John Wentworth
Town Council Minutes
March 16, 2022
Adopt the attached Resolution (Attachment A) declaring its intention to establish Underground Utility District.
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 2022/23 Parks and Recreation Department Fee Schedule Amendments.
The Mayor opened the public hearing at 6:56 p.m.
Parks and Recreation Director Stuart Brown gave an update regarding current parks and recreation activities. 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 7:00 p.m.
Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Bill Sauser
Approve by resolution the 2022/23 Parks and Recreation Department fee schedule amendments as presented in Exhibit B.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
10.3 Public hearing to consider authorizing additional scope of work for the CDBG CV1 and CV2/3 Grants to provide funding towards the new public park and playground at The Parcel.
The Mayor opened the public hearing at 7:01 p.m.
Councilmember Rea recused herself and left the meeting at 7:02 p.m. due to her rental of property within 700 feet of The Parcel. Councilmember
Town Council Minutes
March 16, 2022
Sauser recused himself and left the meeting at 7:02 p.m. due to his ownership of property within 500 feet of The Parcel.
Senior Planner - Housing Coordinator Nolan Bobroff outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 7:07 p.m.
Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Kirk Stapp
Approve the attached resolutions authorizing additional scope of work for the CDBG CV1 and CV2/3 Grants to provide funding towards the new public park and playground at The Parcel.
For (3): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, and Councilmember Kirk Stapp
Abstain (2): Councilmember Sarah Rea, and Councilmember Bill Sauser Carried (3 to 0)
Councilmembers Rea and Sauser returned to the meeting at 7:08 p.m.
11. POLICY MATTERS
11.1 Consider Final Draft Mobility Hub Study and Program.
Community and Economic Development Director Sandra Moberly and Public Works Director Haislip Hayes gave a presentation outlining the information in the staff report. There was discussion among members of Council and staff.
PUBLIC COMMENT:
Kathy Cage said that the Town needed a transportation system.
Sandy Hogan said that public input was needed on the plan. She said that the Town should update the North Village Plan including the mobility aspect.
Town Council Minutes
March 16, 2022
CONSENSUS:
The Council agreed to give the public more time to review the Study and Program and to bring back this item on April 6, 2022.
11.2 Policy Discussion on Mammoth Lakes Recreation Contract.
Town Manager Daniel C. Holler outlined the information in the staff report.
There was discussion among members of Council and staff.
11.3 Amend Chapter 2.40 – Town of Mammoth Lakes Recreation Commission of the Town of Mammoth Lakes Municipal Code.
Parks and Recreation Director Stuart Brown outlined the information in the staff report.
Moved by Councilmember Bill Sauser
Seconded by Mayor Pro Tem John Wentworth
Waive the first reading and introduce by title only the attached ordinance amending Chapter 2.40 of the Town of Mammoth Lakes Municipal Code.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
11.4 Adopt Resolution Supporting an Independent and Democratic Ukraine and Condemning the Russian Invasion of Ukraine.
Town Manager Daniel C. Holler outlined the information in the staff report.
Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Kirk Stapp
Adopt the Resolution Supporting an Independent and Democratic Ukraine and Condemning the Russian Invasion of Ukraine.
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
March 16, 2022
11.5 Fiscal Year 22-23 Budget – Preliminary Revenue Projections.
Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and staff.
CONSENSUS:
The Council agreed with staff's recommendation of a base of $16M for Transient Occupancy Tax (TOT) for the fiscal year 2022/23 budget.
12. COUNCILMEMBER REPORTS
Mayor Pro Tem Wentworth said that he spoke with White Fish, Montana residents regarding air service. He attended the Eastern Sierra Climate and Communities Resilience Project meeting and the joint meeting with the Mono County Board of Supervisors.
Councilmember Sauser said that the enhanced infrastructure finance district (EIFD) discussed at the joint meeting with the Mono County Board of Supervisors needed to move forward. He attended the employee appreciation luncheon.
Councilmember Rea attended the joint meeting with the Mono County Board of Supervisors.
Councilmember Stapp attended the employee appreciation luncheon and the joint meeting with the Mono County Board of Supervisors.
Mayor Salcido attended the employee appreciation luncheon.
13. ADJOURNMENT
The Council adjourned the meeting at 7:59 p.m.
Jamie Gray, Town Clerk
Town Council of Mammoth Lakes
Minutes of Special Meeting
March 30, 2022, 5:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, Councilmember Kirk Stapp
Members Absent: Mayor Lynda Salcido
_____________________________________________________________________
1. CALL TO ORDER
The Mayor Pro Tem called the meeting to order at 5:00 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.
2. PLEDGE OF ALLEGIANCE
Councilmember Sauser led the flag salute.
3. PUBLIC COMMENTS
There were no public comments given at this time.
4. POLICY MATTERS
4.1 Joint Workshop between the Town Council and the Board of Mammoth Lakes Recreation.
The Mammoth Lakes Recreation (MLR) Board was present in its entirety with Members Colin Fernie, Sarah Rea, Eric Wasserman, Secretary Tamara Bankson, Treasurer Heather Schaubmayer, and President Craig Albright in attendance.
Town Council Minutes
March 30, 2022
Town Manager Daniel C. Holler outlined the information in the staff report.
There was discussion among members of Council, the Board, staff. and Kim Anaclerio, Program Director of MLR.
5. ADJOURNMENT
The Council adjourned the meeting at 6:11 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) May 6, 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 6th day of April 2022.
________________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Appoint the three applicants to serve as members of the Building Advisory Committee/Board of Appeals, with terms expiring on April 1, 2026.
Council Meeting Date: 3/2/2022
Prepared by: Jamie Gray. Town Clerk
Recommended Motion: Appoint the three applicants to serve as members of the Building Advisory Committee/Board of Appeals, with terms expiring on April 1, 2026.
Summary: Three terms of office became vacant on the Building Advisory Committee/Board of Appeals on April 1, 2022 due to the expiring terms of Josh Graef, Rob Preschutti, and Michael Britton. The terms of appointment are for four years and expire on April 1, 2026.
Notice of the vacancies was advertised and posted and the members were notified. Three applications were received. The applicants are Josh Graef, Michael Britton, and William Harder. The applications are attached.
The Town Municipal Code states that all appointments to commissions and committees shall be made by the Town Council. It does not state the manner in which this is to be accomplished.
Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA, 93546
Ph: (760) 965-3600 extension 3602
Fax: (760) 934-7493
APPLICATION FOR PUBLIC SERVICE APPOINTMENT
INSTRUCTIONS:
A separate application is required for each appointive position for which you apply. Applications should be filled out completely so that the Town Council may fully evaluate your qualifications.
Once submitted, this application is a public document and is open for inspection and copying.
Return your completed application to: Town Clerk
Town of Mammoth Lakes
Post Office Box 1609
Mammoth Lakes, CA 93546
APPLICANT INFORMATION
NAME OF COMMISSION/COMMITTEE/BOARD DATE
NAME EMAIL ADDRESS
FIRST LAST
RESIDENCE ADDRESS HOME PHONE
MAILING ADDRESS CELL PHONE
CITY STATE ZIP HOW LONG HAVE YOU LIVED
IN MAMMOTH LAKES?
BUSINESS ADDRESS BUSINESS POSITION
CITY STATE ZIP BUSINESS PHONE
CIVIC EXPERIENCE
LIST CURRENT AND/OR PRIOR CIVIC EXPERIENCE (Include professional, charitable, and community organizations.)
NAME OF ORGANIZATION DATES SERVED OFFICE HELD (if any)
START END
REFERENCES
INCLUDE NAMES OF AT LEAST TWO (2) RESIDENTS OF MAMMOTH LAKES
NAME PHONE
OTHER RELEVANT EXPERIENCE/EXPERTISE
WHAT IS YOUR UNDERSTANDING OF THE ROLE/RESPONSIBILITY OF THE COMMISSION/ COMMITTEE/BOARD YOU SELECTED?
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION/COMMITTEE/BOARD? IF SO, HOW MANY?
ARE YOU INVOLVED IN ANY ORGANIZATIONS OR DO YOU HAVE ANY BUSINESS
INTERESTS THAT MAY RESULT IN A CONFLICT OF INTEREST IF YOU ARE APPOINTED TO THIS COMMISSION/COMMITTEE/BOARD?
WHAT ACTIVITIES OF THIS COMMISSION/COMMITTEE/BOARD ARE MOST INTERESTING TO YOU?
WHAT ACTIVITIES OF THIS COMMISSION/COMMITTEE/BOARD ARE LEAST INTERESTING TO YOU?
WHAT PROGRAMS/PROJECTS RELATED TO THE COMMISSION/COMMITTEE/BOARD THAT YOU HAVE SELECTED WOULD YOU LIKE TO SEE IMPROVED OR IMPLEMENTED?
HOW WOULD YOU APPROACH THE IMPROVEMENT OR IMPLEMENTATION OF THE PROGRAMS/PROJECTS LISTED ABOVE?
WOULD YOU BE AVAILABLE FOR MEETINGS IN THE:
_______ DAYTIME ________ EVENING ________ BOTH
Appointees will be required to take an Oath of Office and are subject to filing a Statement of Economic Interest pursuant to the Political Reform Act of the State of California. _____________________________________________________________ __________________
SIGNATURE DATE
1 TOWN COUNCIL STAFF REPORT
Title: Authorize the Town Manager to dedicate right-of-way for street purposes within The Parcel.
Meeting Date: April 6, 2022
Prepared by: Haislip Hayes, PE Public Works Director
RECOMMENDATION:
Authorize the Town Manager to dedicate rights-of-way for street purposes within The Parcel.
BACKGROUND:
The Town of Mammoth Lakes and Pacific Communities are rapidly developing The Parcel project. Construction activity is expected to resume in just a few weeks. The Town was able to complete a Lot Line Adjustment to create a parcel for the first phase of development. Future phases of the project will require additional mapping and parcellation in order to create lots, easements, and rights of way (ROW). This is typically done by developing a Tentative Tract Map (TTM). A TTM would describe all of the proposed lots, infrastructure, rights of ways, and easements. The TTM would be approved by the Planning and Economic Development Commission. After the TTM is approved a Final Map would be recorded and the lots created and assigned parcel numbers. The TTM work is underway.
However, construction of the first phase is outpacing the mapping work.
Public utilities such as Southern California Edison (SCE) are allowed to place their infrastructure within public rights-of-way, but generally require an easement in order to place infrastructure in any location other than public rights-of-way. Town-owned land is not considered public right-of-way unless the Town specifically takes action to designate it as such. At this point, the Town either needs to designate the future streets on The Parcel as public right-of-way, or grant SCE and other utilities easements in those areas. Staff would prefer not to grant easements on The Parcel unless absolutely necessary. Easements grant more rights to utilities than would be afforded when using rights-of-way.
To overcome this timing issue Staff in consultation with the development team have determined the quickest way to create public rights-of-way is for the Town Council to dedicate the land currently held in fee title as public rights-of-way. This procedure is allowed by Government Code Section 7050 and is the alternative to creating right-of-way on a TTM. An irrevocable offer of dedication (IOD) would be developed and executed by the Town Manager. The IOD can be accepted by the Public Works Director, as authorized by Resolution 98-19. The extent of the IOD would be consistent with The Parcel Master Plan and draft TTM. Any changes to the rights-of-way dedicated through the IOD process could be reconciled during the map process.
2 Highlighted areas represent the approximate boundaries of the proposed ROW.
ENVIRONMENTAL CONSIDERATIONS:
The environmental documentation for the project has been fully analyzed and is detailed with the previously adopted Parcel Master Plan. The acceptance of the dedication for public right-of-way purposes is not a "project" under the California Environmental Quality Act (CEQA) because the proposed action does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14 California Code of Regulations § 15061.
1 TOWN COUNCIL STAFF REPORT
Title: Adopt a resolution approving the FY2022-23 project list to be submitted to the California Transportation Commission (CTC) for funding from the Road Maintenance and Rehabilitation Account (RMRA) funds under Streets and Highways Code Section 2034.
Meeting Date: April 6, 2022
Prepared by: Haislip Hayes, PE Public Works Director
RECOMMENDATION:
Adopt a resolution approving the 2022-23 project list to be submitted to the California Transportation Commission (CTC) for funding from the Road Maintenance and Rehabilitation Account (RMRA) funds under Streets and Highways Code Section 2034.
BACKGROUND:
On April 28, 2017 the Governor signed into law SB1. SB1 invests $5.4 billion annually over the next decade to fix California’s transportation system. In November of 2017 the State Controller began depositing funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties. The funding provides a balance of new revenues and reasonable reforms to ensure efficiency, accountability, and performance from each dollar invested in the transportation system.
In order to be eligible for funding the Town is required to sustain a Maintenance of Effort (MOE) and may not supplant current efforts. Annually, prior to receiving funds, a proposed project list which contains the description and location, schedule for completion, and estimated useful life of the improvement must be adopted by resolution. Upon completion of the fiscal year, a project expenditure report must be submitted to the State. RMRA funding may be used for road maintenance and rehabilitation, safety projects, traffic control devices, complete streets components, and to match State and Federal grants.
On June 2, 2021, Staff provided a general update on the SB1 program to Council and sought general direction as to how the funding should be allocated. During the same meeting Council approved the Town’s most recent SB1 project list by passing resolution R21-43.
Previous resolutions have resulted in the completion of two curb and gutter rehabilitation projects along Meridian Blvd. In 2020 Staff utilized SB1 funding to support the construction of the Lake Mary Sidewalk project located adjacent to the brewery.
2 ANALYSIS:
Mono County has committed to the Town the use of $2.4 Million in County SB1 funds in exchange for future State Transportation Improvement Program (STIP) funds. The SB1 funds have been collected by the County and are available now. This arrangement provided Mono County an equivalent amount of funding in STIP. Mono County had a need for available STIP funding to support a project in future years. This agreement was mutually beneficial and allowed both agencies to advance their projects. This level of collaboration with Mono County is appreciated and is indicative of the strong working relationship the agencies have. The Town’s projected RMRA revenue for FY 22-23 is approximately $187,691.00. The Town will collect $294,061 in SB1 revenue in 21/22, these funds have not been encumbered by projects. The total amount of SB1 funds available to the Town is $2,881,752
Staff has identified priority projects that address many of the Towns current needs. SB1 funds will be used to support construction of these projects. Staff recommends the following projects:
1. Chaparral Road Extension
a. Location: Mammoth Lakes, CA. The project will connect the northerly end of Chaparral to the new segment of Tavern Road being constructed in the Parcel.
b. Scope: The road extension will include sidewalks, storm drains, asphalt, and multi-use paths.
c. Useful life: This project is expected to have a useful life of 20-30 years. d. Schedule: Project will begin in July 2022 and be completed December 2022.
2. Laurel Mountain Sidewalks
a. Location: Mammoth Lakes, CA. Project is located along Laurel Mountain Road from the intersection of Sierra Nevada to the intersection of Main Street. Sidewalk improvements will be on the easterly side of the road. b. Scope: Project includes new sidewalks, intersection lighting, storm drains, road reconstruction, and bike lanes.
c. Useful life: This project is expected to have a useful life of 20-30 years. d. Schedule: Project will begin in July 2022 and be completed August 2023.
3. Community Recreation Center Transit Improvements
a. Location: Mammoth Lakes, CA. 686 Old Mammoth Road
b. Scope: Provide new transit shelter and bus turnout on Old Mammoth Road.
Improvements will be connected by sidewalk to existing infrastructure. c. Useful life: This project is expected to have a useful life of 20-30 years. d. Schedule: Project will begin in June 2022 and be completed August 2022.
4. Main Street Crosswalk Beacons
a. Location: Mammoth Lakes, CA. Three intersection along Main Street/SR203 Laurel Mountain, Post Office, Mountain Blvd. b. Scope: Project will provide replacement overhead flashing crosswalk beacons with advance warning signs at Laurel Mountain and the Post Office. New crosswalk installation at Mountain Blvd with new sidewalk pedestrian ramps.
3 c. Useful life: This project is expected to have a useful life of 20 years. d. Schedule: Project will begin in July 2022 and be completed December 2022.
FINANCIAL CONSIDERATIONS:
Approval of the project list above permits the State Controller’s office to disperse funding to the Town on a monthly basis. Staff will use these funds to fully fund SB1 approved projects. Staff will return to Council with any scope changes that would require additional resources or funding.
ENVIRONMENTAL CONSIDERATIONS:
Generally, road maintenance projects are categorically exempt from CEQA. Each project will be evaluated independently to determine if there is an impact to the environment. This analysis will be provided to Council as required and as appropriate.
RESOLUTION NO. 22-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA, TO INCORPORATE INTO THE FISCAL YEAR 2022-23 BUDGET A LIST OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the Town of Mammoth Lakes are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the Town of Mammoth Lakes must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the Town of Mammoth Lakes budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the Town of Mammoth Lakes, will receive an estimated $187,691 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, the Town of Mammoth Lakes has undergone a public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the Town of Mammoth Lakes used a Pavement Management System to prioritize asphalt projects on the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the Town of Mammoth Lakes maintain and rehabilitate streets and add active transportation infrastructure throughout the Town of Mammoth Lakes this year and similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the Town of Mammoth Lakes’ streets and roads are in “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, without revenue from SB 1, the Town of Mammoth Lakes, would not have had the funding to complete the proposed maintenance projects throughout the community; and WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would have continued to deteriorate, having many and varied negative impacts on our community; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduced vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and
WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off; and
Resolution No. 22-
2 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED, AND FOUND by the Town Council of the Town of Mammoth Lakes, State of California, as follows:
1. The foregoing recitals are true and correct.
2. A $187,691 budget for fiscal year 2022-23 will incorporate the following projects described in the plan to be supported with RMRA revenues:
1. Chaparral Road Extension
a. Location: Mammoth Lakes, CA. The project will connect the northerly end of Chaparral to the new segment of Tavern Road being constructed in The Parcel. b. Scope: The road extension will include sidewalks, storm drains, asphalt, and multi-use paths.
c. Useful life: This project is expected to have a useful life of 20-30 years. d. Schedule: Project will begin in July 2022 and be completed December 2022.
2. Laurel Mountain Sidewalks
a. Location: Mammoth Lakes, CA. Project is located along Laurel Mountain Road from the intersection of Sierra Nevada to the intersection of Main Street. Sidewalk improvements will be on the easterly side of the road.
b. Scope: Project includes new sidewalks, intersection lighting, storm drains, road reconstruction, and bike lanes.
c. Useful life: This project is expected to have a useful life of 20-30 years. d. Schedule: Project will begin in July 2022 and be completed August 2023.
3. Community Recreation Center Transit Improvements
a. Location: Mammoth Lakes, CA. 686 Old Mammoth Road
b. Scope: Provide new transit shelter and bus turnout on Old Mammoth Road. Improvements will be connected by sidewalk to existing infrastructure. c. Useful life: This project is expected to have a useful life of 20-30 years. d. Schedule: Project will begin in June 2022 and be completed August 2022.
4. Main Street Crosswalk Beacons
a. Location: Mammoth Lakes, CA. Three intersection along Main Street/SR203 Laurel Mountain, Post Office, Mountain Blvd.
b. Scope: Project will provide replacement overhead flashing crosswalk beacons with advance warning signs at Laurel Mountain and the Post Office. New crosswalk installation at Mountain Blvd with new sidewalk pedestrian ramps.
c. Useful life: This project is expected to have a useful life of 20 years. d. Schedule: Project will begin in July 2022 and be completed December 2022.
3. The Public Works road rehabilitation maintenance budget for fiscal year 2022-23 will include an additional $187,691 earmarked to be used only for the projects listed above.
Resolution No. 22-
3 APPROVED AND ADOPTED THIS 6th DAY OF APRIL 2022
___________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________
JAMIE GRAY, Town Clerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Authorize a professional services agreement with BPR Consulting Group for building plan check services.
Council Meeting Date: 4/6/2022
Prepared by: Sandra Moberly, Community and Economic Development Director Recommended Motion: Staff recommends that the Town Council authorize the execution of a professional services agreement with BPR Consulting Group for building plan check services, subject to the Town Attorney’s finalization and approval of the agreement.
Summary: The Town’s Building Department uses outside firms to perform a majority of our building plan checks. The Town has five firms available to provide these services. The addition of BPR Consulting Group will add a sixth firm. Staff is recommending adding BPR to the Town’s plan check firms. Since 2016, the Town has successfully used Interwest Consulting Group for the vast majority of contracted plan review services. In the last year, many Interwest employees who have routinely performed plan reviews for the Town have formed a new plan review firm, BPR Consulting Group. While staff anticipates continuing to use Interwest for outside plan review, we are recommending a contract with BPR Consulting Group to allow consistency of plan check services. The ability to routinely provide quality and consistent plan review services to the public is an important aspect of the Building Division’s customer service efforts. Plan check services are paid for through the levy of plan check fees.
1 TOWN COUNCIL STAFF REPORT
Title: Authorize consulting agreement with BPR Consulting Group for building plan check and related services
Meeting Date: April 6, 2022
Prepared by: Tom Perry, Building Official
RECOMMENDATION:
Staff recommends that the Town Council authorize the consulting agreement with BPR Consulting Group, subject to town attorney’s approval and finalization of the agreement, for building plan check and related services as shown in Exhibit A of the agreement.
BACKGROUND/ANALYSIS:
Over the past 20 years the Town has utilized outside plan check and inspection services to assist staff with large, complex plan checks and to supplement staff. Since 2016, the Town has successfully used Interwest Consulting Group for the vast majority of contracted plan review services.
In the last year, many Interwest employees who have routinely performed plan reviews for the Town have formed a new plan review firm, BPR Consulting Group. While staff anticipates continuing to use Interwest for outside plan review, we would like to complete a contract with BPR Consulting Group to allow consistency of plan check services. The ability to routinely provide quality and consistent plan review services to the public is an important aspect of the Building Division’s customer service efforts.
FINANCIAL CONSIDERATIONS:
Building plan check and inspection services will be paid for using a portion of the building plan check fee paid by the applicant. Municipal Code Section 3.20.290.A.5 requires that contracts that exceed $50,000 be approved by Town Council. It is expected that building plan check and inspection contracts will exceed $50,000 annually and staff is recommending Council approval.
LEGAL CONSIDERATIONS:
The Town Attorney has reviewed the attached consulting agreement and will work with staff and BPR Consulting Group to finalize the agreements.
Attachment:
Draft Consulting Agreements:
A. BPR Consulting Group
TOWN OF MAMMOTH LAKES
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 7 day of April, 2022, by and between the Town of Mammoth Lakes, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 437 Old Mammoth Rd., Suite 230, Mammoth Lakes, California, 93546 (“Town”) and BPR Consulting Group, with its principal place of business at 2201 Francisco Drive, Suite 140-658, El Dorado Hills, California, 95762 (“Consultant”). Town and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional building plan check and consulting services required by the Town on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional building plan check and consulting services to public clients, is licensed in the State of California, and is familiar with the plans of Town.
2.2 Project.
Town desires to engage Consultant to render such professional building plan check and consulting services for the project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional building plan check and consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”
3.1.2 Term. The term of this Agreement shall be from April 7, 2022 and shall continue until cancelled by either the Town of Mammoth Lakes or Consultant. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
BPR Consulting Group, April 7, 2022
2 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Town retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of Town and shall at all times be under Consultant's exclusive direction and control. Neither Town, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, Town shall respond to Consultant's submittals in a timely manner. Upon request of Town, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Town.
3.2.4 Substitution of Key Personnel. Consultant has represented to Town that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Town. In the event that Town and Consultant cannot agree as to the substitution of key personnel, Town shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the Town, or who are determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the Town. The key personnel for performance of this Agreement are as follows: Ron Beehler, Director of Client Services.
3.2.5 Town's Representative. The Town hereby designates Tom Perry, Building Official, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“Town's Representative”). Town's Representative shall have the power to act on behalf of the Town for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The Town Manager shall be
BPR Consulting Group, April 7, 2022
3 authorized to act on Town's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the Town Manager, Town's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Ron Beehler, Director of Client Services, or his/her designee, to act as its representative for the performance of this Agreement (“Consultant's Representative”). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with Town staff in the performance of Services and shall be available to Town's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Town, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom.
Consultant shall defend, indemnify and hold Town, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
BPR Consulting Group, April 7, 2022
4 3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subconsultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. (C) Workers’ Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000 per claim and in the aggregate. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to
BPR Consulting Group, April 7, 2022
5 the Town for approval.
(A) The policy or policies of insurance required by Section 3.2.10.2(A), Commercial General Liability, shall be endorsed to provide the following:
(1) Additional Insured: Consultant agrees to endorse the third-party general liability coverage required herein to include as additional insureds Town, its officials, employees, agents, and volunteers, using standard ISO endorsement No. CG 2010 with an edition date of 2010 or similar form. This provision shall also apply to any excess/umbrella liability policies. Consultant also agrees to require all contractors, subcontractors, and anyone else involved in any way with the Project contemplated by this Agreement to do likewise. (B) The policy or policies of insurance required by Section 3.2.10.2(C), Workers' Compensation, shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the Town and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that
BPR Consulting Group, April 7, 2022
6 the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the Town. The Town shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement. In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
Contractor shall provide immediate written notice if: (i) any of the required insurance policies is terminated; (ii) the limits of any of the required policies are reduced; or (iii) the deductible or selfinsured retention is increased.
3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to the Town for review.
3.2.10.11 Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Consultant maintains higher limits than the minimums shown above, Town requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Town.
3.2.10.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the Town and approved of in writing.
3.2.10.13 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
BPR Consulting Group, April 7, 2022
7 3.2.10.14 Timely Notice of Claims. Consultant shall give the Town prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.12 Reserved.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C" attached hereto and incorporated herein by reference.
3.3.2 Payment of Compensation. Consultant shall submit monthly invoices.
Town shall pay all undisputed amounts within 30 days of the receipt of each invoice.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Town, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, Town may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Town to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the Town.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such
BPR Consulting Group, April 7, 2022
8 records shall be clearly identifiable. Consultant shall allow a representative of Town during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. Town may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Town, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: BPR Consulting Group
2201 Francisco Drive Suite 140-658
El Dorado Hills, CA 95762
ATTN: Ron Beehler, Director of Client Services
Town: Town of Mammoth Lakes
PO Box 1609
437 Old Mammoth Road, Suite 230
Mammoth Lakes, CA 93546
ATTN: Tom Perry, Building Official
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
BPR Consulting Group, April 7, 2022
9 occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Town to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that Town is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Town.
Town shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Town's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Town, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Town's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Town.
3.5.3.3 Confidential Information. The Town shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the Town's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the Town shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give Town written notice of Consultant's objection to the Town's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the Town, and its officers, directors, employees, agents, and volunteers, from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. Town shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with Town's choice of legal counsel), and hold Town harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that Town release
BPR Consulting Group, April 7, 2022
10 such information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
3.5.6.2 Additional Indemnity Obligations. Consultant shall defend, with counsel of Town’s choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against Town or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Town or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse Town for the cost of any settlement paid by Town or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Town's attorney's fees and costs, including expert witness fees. Consultant shall reimburse Town and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Town, its directors, officials officers, employees, agents, or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both
BPR Consulting Group, April 7, 2022
11 parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Mono County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 Town's Right to Employ Other Consultants. Town reserves the right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the Town. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to Town include its elected officials, directors, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
BPR Consulting Group, April 7, 2022
12 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Town's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of Town. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
BPR Consulting Group, April 7, 2022
13 TOWN OF MAMMOTH LAKES BPR CONSULTING GROUP
By: By:
Daniel C. Holler, Town Manager Ron Beehler, Director of Client Services Attest:
By:
Secretary or Treasurer
By:
Jamie Gray, Town Clerk
Approved as to Form:
By:
Andrew Morris
Town Attorney
BPR Consulting Group, April 7, 2022
A-I-1
EXHIBIT "A"
SCOPE OF SERVICES
Plan Check Services:
The consultant shall provide structural and non-structural plan review services at the request of The Town of Mammoth Lakes Building Division. The consultant shall review plans for compliance with the current California Code of Regulations, Title 24, Part 1 thru 12 and The Town of Mammoth Lakes Local Ordinances. The consultant shall review the plans to assure that the structure(s) comply with acceptable engineering and design practices. The consultant shall communicate with the Town and incorporate any Town of Mammoth Lakes local ordinances and comments into the plan review.
All plan checks will include an overview of the application package for other applicable requirements such as approvals from other local agencies and districts. All plan checks will comply with the Town’s directives, adopted codes and policies.
Consultant is responsible for all shipping and handling fees of plans, including but not limited to:
Fed Ex, UPS, USPS, California Overnight, and DHL, and shall ship all plans for two-day delivery unless otherwise specified by the Building Division.
Consultant’s plan check staff will meet, via phone or electronic mail, during work hours to discuss and clarify plan check issues with Town representatives, permit applicants or their representatives, including during preliminary or design stages. Resolution of code issues may also be accomplished by telephone, email or meetings prior to resubmitting corrected plans and documents. Any issues not resolved by the plan checker and the permittee or architect/engineer of record shall be referred to the Town Building Official for final interpretation. Consultant will inform the Town Building Official immediately if there are discrepancies noted between the applicant’s estimate and the Town’s or industry standards and practices.
Inspection Services:
If inspection services are provided, the consultant shall provide structural and non-structural inspection services at the request of The Town of Mammoth Lakes Building Division. The consultant shall inspect for compliance with the stamped approved plans based on the 2013 California Code of Regulations, Title 24, Part 1 thru 12 and The Town of Mammoth Lakes Local Ordinances. The consultant shall communicate with The Town of Mammoth Lakes and incorporate any Town of Mammoth Lakes local ordinances and comments into the inspections.
BPR Consulting Group, April 7, 2022
B-1
EXHIBIT "B"
SCHEDULE OF SERVICES
TYPE OF PROJECT INITIAL REVIEW RE-CHECK
New Single Family Home 10 working days 5 working days
New Multi Family 10 working days 6 working days
Residential Additions 10 working days 5 working days
New Commercial/Large Tenant Improvement 12 working days 8 working days Commercial additions/remodels/small Tenant
improvement
10 working days 5 working days
Large/Complex Projects Negotiated with
Town Staff
Negotiated with
Town Staff
BPR Consulting Group, April 7, 2022
C-1
EXHIBIT "C"
COMPENSATION
Note: * Rate varies based upon level of experience and qualifications of inspectors and Permit technicians requested.
Mileage: Mileage for building inspection, fire inspection and Building Official services is to be charged the current IRS mileage rate while inspections or business on behalf of the Town are being performed.
Overtime: Inspection, Building Official or permit technician services provided more than eight (8) hours per day, nights, and weekends will be charged at 125% of the noted rate.
Staffing: There will be an eight (8) hour minimum charge for all in house plan review, inspection and permit technician services.
In the event that this Agreement remains in effect past July 1, 2023the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.
Consultant shall provide written notice to Town of any increased rates not less than 30 days prior to the effective date of such increase.
1 All shipping/courier charges are included
Certified Classification Hourly Rate1
ICC Certified Building Official $145
Licensed Engineer Plans Examiner $135
ICC Certified Plans Examiner $100
ICC Fire Plans Examiner/Inspector $110
Certified Access Specialist, CASp $110
ICC Certified Building Inspector* $80 - $100
Permit Technician* $65 - $75
1 TOWN COUNCIL STAFF REPORT
Title: Award contract for the 2022 Bluffs Slurry Seal Project to Intermountain Slurry Seal, Inc.
Meeting Date: April 6, 2022
Prepared by: Amy Callanan, PE Engineering Manager
RECOMMENDATION:
Staff recommends Town Council:
Approve the Plans and Specifications.
Award the contract to the lowest responsive bidder, Intermountain Slurry Seal, Inc. in the amount of $91,000.
Waive any minor irregularities in the bid.
Authorize the Public Works Director to execute the construction contract and accept the project upon completion.
Authorize the Public Works Director to review and approve minor revisions to complete the project, up to an additional 10% of the award amount.
BACKGROUND:
The Bluffs Benefit Assessment District (BAD) 1993-4 was created to provide for the maintenance and operation of certain public improvements, including the roadways, in the neighborhood. The 2022 Bluffs Slurry Seal project provides a surface treatment to Fir Street, Le Verne Street, Pine Street, and Benz Way, which will aid in the preservation of the road rehabilitation work that was completed in 2014 and prior slurry seal in 2015 and is in accordance with the goals of the Assessment District.
ANALYSIS:
Staff solicited bids for the construction of the project beginning February 25, 2022. Bids were publicly opened on March 24, 2022 at 4:00 PM. Six bids were received as follows:
American Asphalt South, Inc. $ 98,990.95
American Pavement Systems, Inc. $129,000.00
Intermountain Slurry Seal $ 91,000.00
Pavement Coating Co. $137,000.00
Sierra Nevada Construction, Inc. $118,007.00
VSS International, Inc. $114,000.00
2 A bid review of the apparent low bidder was completed, and no irregularities were identified. The low bid of $91,000 is below the Engineer’s estimate of $100,000.
STAFFING CONSIDERATIONS:
Public Works Staff will manage the contract and construction of the project. The project is included in the FY2022/23 staff work programs.
FINANCIAL CONSIDERATIONS:
The project is fully funded from the Bluffs Benefit Assessment District (BAD) 1993-4, with an originally identified project budget of $100,000.
ENVIRONMENTAL CONSIDERATIONS:
The 2022 Bluffs Slurry Seal Project focuses on maintaining existing road facilities, which occurs within the current limits of the roads. Therefore, the project is exempt per California Environmental Quality Act, Section 15301, in that the changes proposed to the existing facilities include the “operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency determination.” These “existing facilities” include “existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities,” per Section 15301(c).
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Waive the reading and approve by title only the ordinance amending Chapter
2.40 of the Town of Mammoth Lakes Municipal Code.
Council Meeting Date: 4/6/2022
Prepared by: Stuart Brown, Parks and Recreation Director Recommended Motion: Waive the reading and approve by title only the attached ordinance amending Chapter 2.40 of the Town of Mammoth Lakes Municipal Code.
Summary: On March 1, 2022, the proposed amendments to Chapter 2.40 of the Town of Mammoth Lakes Municipal Code were unanimously approved by the Recreation Commission and on March 16, 2022, the first reading of the proposed ordinance amendment was introduced to Town Council.
The amendments to Chapter 2.40 contained in the draft ordinance incorporate changes initially proposed and accepted by the Commission in 2014, but revisions were also made to align with the on-going functions and work program of the Recreation Commission as described in the 2022 Strategic Work Plan.
Highlighted changes include the following:
Renaming of the Commission from the Recreation Commission to the Parks and Recreation Commission.
Inclusion of “arts and culture” in recreation programming references. Revision of “G” under section 2.40.040 “Powers and duties” to include a review of the Town's Capital Improvement Program (CIP) plan and provide recommendations to staff regarding future recreational capital and deferred maintenance projects. Revision of “H” under section 2.40.040 “Powers and duties” for the Commission to not conduct public hearings, but to provide input or recommendations for public hearings related to land acquisition or facility design and development for recreation/arts and cultural purposes.
Revision of “L” under section 2.40.040 “Powers and duties” related to the recommendation to Town Council of Measure R and Measure U funds.
Inclusion of section 2.40.080 “Professional Development Reimbursement”.
Approval by Town Council on April 6, 2022 will formally amend Chapter 2.40 of the Town of Mammoth Lakes Municipal Code as set forth in Exhibit A.
ORDINANCE NO. 22-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
MAMMOTH LAKES, STATE OF CALIFORNIA,
AMENDING MUNICIPAL CODE CHAPTER 2.40
WHEREAS, the Town of Mammoth Lakes has a Recreation Commission, the duties, composition, compensation, and other details of which are established in Chapter 2.40 of the Town’s Municipal Code; and
WHEREAS, Town staff and members of the Recreation Commission have identified a need to revise the title, powers, and duties of the Commission in order to better reflect the Commission’s role and to allow it to better serve the Town Council and the community;
THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1: Chapter 2.40 of the Town of Mammoth Lakes Municipal Code is hereby amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference.
Section 2: EFFECTIVE DATE OF ORDINANCE
This Ordinance shall become effective and enforceable thirty (30) days from and after the date of its adoption.
Section 3: POSTING
The Town Clerk shall, within fifteen (15) days after the passage of this Ordinance, cause it to be posted at the duly designated posting places established by resolution of the Town Council, published once in a newspaper of general circulation, and entered in the Book of Ordinances of the Town.
Section 4: SEVERABILITY
If any provision of this Ordinance of the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Ordinance are declared to be severable.
Ordinance No. 22_
The foregoing Ordinance was PASSED, APPROVED, AND ADOPTED on the 6th day of April, 2022.
_________________________________
LYNDA SALCIDO, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk
Ordinance No. 22_
Exhibit A
Chapter 2.40
TOWN OF MAMMOTH LAKES PARKS AND RECREATION COMMISSION
Sections:
2.40.010 Definitions
2.40.020 Created
2.40.025 Composition
2.40.030 Vacancies—Vote
2.40.040 Powers and duties
2.40.050 Receipt of donations
2.40.060 Compensation
2.40.070 Special requirement
2.40.080 Professional development reimbursement
For the purpose of this chapter, "commission" means the Town of Mammoth Lakes Parks and Recreation Commission.
2.40.020 Created
There is created within the Town a Parks and Recreation Commission which shall consist of five regular voting members. Such members shall be appointed by the Town Council in the manner and for the terms prescribed in Sections 2.04.060 and
2.28.010.
2.40.025 Composition.
The commission shall be comprised of members who represent a broad spectrum of recreation interests.
2.40.030 Vacancies—Vote.
A vacancy or vacancies on the commission shall not impair the right of the remaining members to exercise the powers of the commission. Three members shall constitute a quorum. The commission shall act only upon a majority vote of the members present, but in no case shall action be taken unless a quorum is present.
2.40.040 Powers and duties.
Within the limitations provided by law, the commission shall have the following powers and duties to:
A. Act in an advisory capacity to the Town Council in all matters pertaining to Town-owned or managed parks, recreation (arts & culture), facilities, trails/paths, special events and all other associated activities as prescribed by ordinances or by Town Council action;
B. Establish a schedule of regular meeting times and places; C. Make recommendations to the Department Director (or designee) on funding priorities related to the departmental budget;
Ordinance No. 22_
D. Assist Town staff in the advancement, coordination, and delivery of community recreation services and activities by serving as a liaison between partner organizations, civic groups, youth sports programs, other municipalities, the private sector and other recreation providers;
E. Provide recommendations to the Town Council regarding the rules, regulations and policies relating to conduct in Town-owned or managed parks and other recreation areas. The administration of said policies, rules and regulations, once adopted, shall be the responsibility of the Parks and Recreation Department Director or designee;
F. Review surveys provided by the Department Director (or designee) of recreation users to ensure that the parks and recreation needs of the public are being addressed;
G. Review the Town's Capital Improvement Program (CIP) plan and provide recommendations to staff regarding future recreational capital and deferred maintenance projects;
H. Upon Town Council direction, provide input or recommendations for public hearings related to land acquisition or facility design and development for recreation/arts and cultural purposes;
I. Provide input to Town staff and/or contracted professionals to assist in the design of recreation facilities and amenities approved for construction through the budget process by Town Council;
J. Inform and provide funding recommendations to Mammoth Lakes Recreation (MLR) or any other body or entity designated by the Town Council for the use of Measure R or Measure U funds for Town-owned or managed parks, recreation (arts & culture), facilities, trails/paths, special events, and all other associated activities as prescribed by ordinances or by Town Council action.
2.40.050 Receipt of donations.
The commission shall be empowered to receive donations, contributions and other gifts to be used for recreation purposes, but all money so received by it shall be deposited in a special park and recreation account. After appropriation by the town council, money deposited in such an account shall be expended for park and recreation purposes, including but not limited to capital and operating expenditures.
2.40.060 Compensation.
The members of the commission may receive such reasonable compensation as is established from time to time by resolution of the Town Council.
2.40.070 Special requirements.
Unless otherwise provided by law, or by ordinance or resolution of the town council, at least four members of the recreation commission shall initially, and during their incumbencies, be bona fide residents and registered voters of the town. To capture a "Sphere of Influence," one member of the commission may reside outside of the town
Ordinance No. 22_
boundaries but between June Lake and Tom's Place, inclusive. No such member shall at appointment or during his or her incumbency be an employee of the town.
2.40.080 Professional Development Reimbursement
The members of the commission may receive reasonable reimbursement for attending industry professional development classes, programs, or conferences approved by the Parks and Recreation Department Director or designee, subject to Town policies regulating such reimbursements and funding of such professional development programs.
1 TOWN COUNCIL STAFF REPORT
Title: Introduction of an Ordinance Establishing Underground Utility District (UUD) 2022-01.
Meeting Date: April 6, 2022
Prepared by: Haislip Hayes, PE Public Works Director
RECOMMENDATION:
Staff recommends that the Town Council:
1. Conduct a public hearing regarding the attached ordinance to create Underground Utility District 2022-01
2. Waive the first reading and introduce by title only the attached Ordinance (Exhibit A)
BACKGROUND:
At its meeting on March 16, 2022, Council adopted Resolution No. 2022-15 (Exhibit B) declaring the Town Council’s intention to establish Underground Utility District 2022-01.
The Council meeting of April 6, 2022 was set as the date of the Public Hearing on the matter. Notices announcing the meeting with a description of the project and a copy of the Resolution were mailed to all property owners in the proposed district on March 25, 2022.
The boundary of Underground Utility District 2022-01 includes the area contiguous with Laurel Mountain Road between Main Street (SR203) and Tavern Road, inclusive of Tavern Road approximately 100’ east and west of the intersection of Laurel Mountain Road. All as more particularly described on that certain map entitled “Proposed Underground Utility District No. 2022-01” (Exhibit C). Underground Utility District No 2022-01 meets the Town’s and CPUC’s guidelines for undergrounding overhead utility lines. The undergrounding project will support the development of the Parcel and better integrate the housing project into the neighborhood, and will improve aesthetics, safety, and utility system reliability.
ANALYSIS:
The formation of the proposed the UUD is in the interest of public health and safety and will facilitate the removal of utility poles and overhead utility lines to provide underground utility mainline along the corridor and new underground service to developed properties.
Completion of the formation of the UUD will eventually improve utility system reliability,
2 enhance corridor aesthetics, and reduce utility pole conflicts with other public and private facilities. Additionally, the formation of the UUD will:
Prohibit the installation of new overhead utilities in the new UUD. Require that overhead utilities (overhead lines, poles, and associated structures) be removed within 180 days after the underground facility is complete. Increase the obligations of overhead utility providers to fund undergrounding of their telecommunication and cable infrastructure.
It is the Town’s intention that all utilities place their telecommunication and cable infrastructure underground within 30 days of SCE undergrounding its electrical facilities, therefore, the UUD has little impact until there is a utility undergrounding project or a new project that requires new utilities. The Town is actively designing new infrastructure for Laurel Mountain Road as part of State Transportation Improvement Project (STIP) and in support of the Parcel. Staff estimates it will take up to three years to complete the design and implementation of this infrastructure.
3 FINANCIAL CONSIDERATIONS:
The staff time and minimal direct costs to the Town associated with the Rule 20A work will be covered by funds available in the Utility Undergrounding Project budget. At this time the Town has $661,260 available for the project in Rule 20A funds.
ENVIRONMENTAL CONSIDERATIONS:
The proposed action does not constitute a “project” under the California Environmental Quality Act, per the CEQA guideline definition. The undergrounding of utilities is categorically exempt from CEQA under CEQA Guidelines §15302(d), Replacement or Reconstruction.
ATTACHMENTS:
Attachment A: Ordinance
Attachment B: Resolution No. 2022-15
Attachment C: Underground Utility District No. 2022-01
ORDINANCE NO. 22-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, COUNTY OF MONO, STATE OF CALIFORNIA CREATING
UNDERGROUNDING UTILITY DISTRICT NO. 2022-01
WHEREAS, in the latter part of 1967 the California Public Utilities Commission (“CPUC”) decided Case No. 8209 which established a program (commonly referred to as an "Undergrounding" Program); and
WHEREAS, Southern California Edison ("SCE"), through implementation of California Public Utilities Commission Rule 20A, makes allocations to cities and counties that may be applied to qualifying utility undergrounding projects; and
WHEREAS, other utilities have tariffs approved by the CPUC providing for the replacement of aerial utility facilities with underground utility facilities; and WHEREAS, the Town of Mammoth Lakes ("Town") is the largest community in Mono County, and has identified its highest priority undergrounding project, consisting of approximately 650 feet of power lines owned by Southern California Edison and other utilities located along Laurel Mountain Road; and
WHEREAS, this section of road meets all project requirements to qualify for Rule 20A funds and for replacement by Frontier California of aerial lines with underground lines pursuant to Rule 33 of Frontier California’s tariff, including establishment of an underground utility district to prevent further overhead lines in the area; and
WHEREAS, on March 16, 2022, the Town Council of the Town of Mammoth Lakes, California, met at 4:00 p.m. in the Town Council Chambers/Suite Z, 437 Old Mammoth Road, Mammoth Lakes, California, and held a public hearing to determine whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires, and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated services on those streets, easements and rights-of-way within that territory included in the area contiguous with Laurel Mountain Road between Main Street (SR203) and Tavern Road, inclusive of Tavern Road approximately 100’ east and west of the intersection of Laurel Mountain Road as shown on Exhibit "A", attached hereto and incorporated herein by reference; and
WHEREAS, at the conclusion of the public hearing the Town Council adopted Resolution No. 2022-15 declaring the Town Council’s intention to create Underground Utility District 2022- 01 (“District”); and
WHEREAS, the Town Council has conducted another public hearing as part of its April 6, 2022 regular meeting, and notice of this public hearing has been given to all utilities concerned in the matter and property owners affected by the District for the time required by law; and
Ordinance No. 22-
WHEREAS, this public hearing has been duly and regularly held and all persons interested have been given an opportunity to be heard; and
WHEREAS, the Town Council has previously adopted Ordinance 13-07, establishing Underground Utility District No. 2013-01, and wishes to list that district for ease of reference in new Municipal Code Chapter 12.42 adopted hereby, without affecting any aspect of the district.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF
MAMMOTH LAKES, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. Environmental Review. The Town Council hereby finds that the adoption of this ordinance is categorically exempt from the California Environmental Quality Act under CEQA Guidelines Section 15302(d) (conversion of overhead electric distribution facilities to underground).
Section 3. Findings. The Town Council hereby finds and determines based on the information presented herewith:
A. The undergrounding of utilities within Undergrounding Utility District No. 2022-01 depicted in Exhibit "A" is in the general public interest because the location has a high concentration of aerial facilities, is extensively used by the general public, and carries a high volume of pedestrian and vehicular traffic.
B. The public necessity, health, safety and welfare require the removal of poles, overhead wires, and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated services in that territory as shown on Exhibit "A".
C. The utility undergrounding district implements General Plan Policy C.3.F: Underground utilities within the community.
Section 4. Adoption of Underground Utility District Ordinance. Based on the findings contained in this Ordinance and all other evidence in the record of proceedings in this matter, the Town Council hereby amends the Mammoth Lakes Municipal Code by adopting and adding thereto Chapter 12.42, to read as set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Section 5. Additional Provisions Regarding Underground Utility District No. 2022-01.
A. Pursuant to Southern California Edison' s ("SCE") Rule 20 Tariff, Rule 20A funds will be used for the installation of no more than 100 feet of each customer's underground electric service lateral on private property, as well as the conversion of affected property owners meter panels from overhead to underground service. The cost of such meter conversions
Ordinance No. 22-
using Rule 20A funds shall be limited to existing meters, and shall not include permit fees and any upgrades requested by affected property owners.
B. All other affected utilities are responsible for their own underground installation costs and shall underground their overhead facilities pursuant to their respective tariffs and franchise agreements.
C. Property owners shall grant each utility the necessary easement or land rights when it is necessary by the utilities to place their facilities on private property to complete the required undergrounding.
D. Each property served from such electric overhead facilities shall have installed in accordance with SCE's rules for underground service, all electrical facility changes on the premises necessary to receive service from the underground facilities of SCE as soon as it is available.
E. It is ordered that by December 31, 2025, all the electric, communication and similar or associated service overhead distribution facilities shall be removed from Undergrounding Utility District No. 2022-01, and the underground installation of such distribution facilities shall have been accomplished in such district. Funding for the underground installation of 900 linear feet of SCE overhead utilities and appurtenant facilities will be covered by the Town's Rule 20A funds. Other utilities are responsible for their specific underground installation costs.
F. All future electric and communication facilities shall be placed underground within Undergrounding Utility District No. 2022-01.
G. SCE is authorized to discontinue its overhead service within Undergrounding Utility District No. 2022-01.
H. The Town Clerk, within ten (10) days after the adoption of this ordinance, shall mail a copy hereof to all affected utility companies and property owners.
Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, then such decision shall not affect the validity of the remaining sections or portions of this Ordinance or part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that any one or more sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
Section 6. Effective Date. The mayor shall sign and the Town Clerk shall certify passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect thirty days after its final passage.
Ordinance No. 22-
ADOPTED, SIGNED, and APPROVED this 20th of April 2022.
_______________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________
JAMIE GRAY, Town Clerk
Ordinance No. 22-
Exhibit "A"
Underground Utility District 2022-01
Ordinance No. 22-
Exhibit "B"
Chapter 12.42 – Underground Utility Districts
12.42.010 Definitions
Except where the context otherwise requires, the definitions set forth in this section govern the construction of this chapter.
(a) “Town Council” or “Council” means the Town Council of the Town of Mammoth Lakes. (b) “Public Works Director” means the Public Works Director of the Town of Mammoth Lakes, or his/her designee.
(c) “Town Clerk” means the Town Clerk of the Town of Mammoth Lakes, or his/her designee.
(d) “Person” includes individuals, partnerships, firms, utilities, corporations, and public agencies, provided that public agencies shall be excluded from this definition to the extent necessary to reflect the limits of the Town’s ability to regulate public agencies’ electric utility operations.
(e) “Utility” includes all persons or entities supplying, delivering, transmitting, distributing, transporting, conducting or otherwise conveying electricity, communications or similar or associated emissions or service to the Town, in the Town, through the Town by means of electrical apparatus, fiber optic apparatus, or similar apparatus. (f) “Overhead Structures” or “Lines” or ”Facilities” means any poles, towers, supports, wires, cables, lines, fiber optics, conduits, conductors, guys, stubs, platforms, crossarms, braces, transformers, capacitors, insulators, cutouts, switches, communication circuits, appliances, apparatus, appurtenances, and other equipment and structures located above ground and used in delivering, supplying, transmitting, distributing, transporting, conducting, or conveying electricity, communications, or similar emissions or service to the Town, in the Town or through the Town.
(g) “Underground Utility District” or “Utility District” or “District” means the area in the Town within which overhead facilities are required to be removed and installed underground, as such area is described in this chapter.
12.42.020 Underground Utility Districts Established
(a) The Town Council of the Town of Mammoth Lakes finds and determines that the public interest requires that poles, overhead lines and associated overhead structures used in supplying electric service, communications service or similar associated service be placed in underground locations in order to promote and preserve the health, safety and general welfare of the public.
Ordinance No. 22-
(b) The Town Council finds and determines that the public interest requires that the following described areas in the Town of Mammoth Lakes as delineated with more detail in those certain maps entitled Underground Utility District Maps, and made a part hereof by reference, be declared to be and the same are declared to be and established as underground utility districts, and persons maintaining poles, and overhead lines and associated overhead structures in such districts shall remove the same within the period of time as indicated:
1. District No. 2013-01. Six hundred (600) feet along the north side of Main Street/Highway 203 to the street centerline, as shown in Exhibit “A” to Ordinance 13-07, which is incorporated herein by reference.
2. District No. 2022-01. Nine hundred (900) feet along the west side of Laurel Mountain Road between Main Street/SR203 and Tavern Road as shown on Exhibit "A", to Ordinance No. 2022-____________, which is incorporated herein by reference.
(c) No new poles, overhead lines and associated overhead structures may be installed within established underground utility districts unless authorized by the Town of Mammoth Lakes. Unless a different time period is established by an ordinance creating the underground utility district, all existing overhead lines, structures, and facilities shall be removed from an underground utility district within 180 days after a suitable replacement underground facility is complete and ready for service.
12.42.030 Poles, Overhead Lines and Associated Overhead Structures Prohibited in Underground Districts
(a) Whenever any area of the Town is declared to be an underground utility district, it shall be unlawful for any person or utility to erect, construct, use, or maintain poles, overhead lines and associated overhead structures within the district after the date when the utilities are required to be removed.
(b) From and after the effective date of the establishment of any underground utility district, it shall be unlawful for any person or utility to erect or construct poles, overhead lines and associated overhead structures within the district.
(c) Any individual or utility who shall erect or construct poles, overhead lines and associated overhead structures within any underground utility district or who shall neglect to take down and remove such poles, overhead lines and associated overhead structures within the time designated in this chapter or who shall otherwise fail to comply with the provisions of this chapter shall be guilty of a misdemeanor. Each consecutive fifteen-day period
Ordinance No. 22-
during which the failure to comply with the provisions hereof shall constitute a separate offense. Such violation is likewise hereby declared to be a nuisance and may be abated by the Town attorney in the manner provided for the abatement of nuisances.
12.42.040 Council May Designate Additional Underground Utility Districts (a) The Town Council may from time to time hold public hearings to ascertain whether the public necessity, health or safety requires the removal of poles and overhead lines and associated overhead structures from some designated area of the Town. The Town Clerk or designee shall publish a notice of the public hearing and the Town Clerk or designee shall notify all affected property owners as shown on the last equalized assessment roll and affected utilities by mail of the time and place of such hearings at least thirty days prior to the date thereof.
(b) If, after any such public hearing, the Town Council finds that the public necessity, health and safety require such removal, the Council shall, by ordinance amending Section
12.42.020 of this chapter, declare such area an underground utility district. Such ordinance shall include a description of the area comprising such district and shall fix the time within which such poles and overhead lines and associated overhead structures shall be removed and within which affected property owners must be ready to receive underground service. The Council shall allow a reasonable time for such removal having due regard for the availability of necessary labor, materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby.
12.42.050 Exceptions
The provisions of this Chapter 12.42 shall not apply to the following types of facilities:
(a) Poles used exclusively for police and fire alarm boxes, traffic control facilities, or any similar equipment owned by a public agency and installed under the supervision and to the satisfaction of the Public Works Director or designee;
(b) Poles used exclusively for street lighting;
(c) An electric distribution or transmission system, if the Public Works Director determines that underground installation of such distribution or transmission system is infeasible and not practicable. The decision of the Public Works Director or designee in such matters is final;
Ordinance No. 22-
(d) When authorized by the Public Works Director or designee, poles, overhead lines and associated overhead structures crossing or entering any portion of a district from which poles, overhead lines and associated overhead structures have been prohibited and originating in an area in which poles, overhead lines and associated overhead structures are not prohibited;
(e) When authorized by the Public Works Director of designee, overhead lines attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;
(f) Radio antenna and associated equipment and supporting structures used for furnishing wireless communications services;
(g) Changes in or additions of aerial drop lines and anchors or the addition or replacement of lines and cables on poles in place on May 20, 2022;
(h) Service terminals, in pedestals, in above ground locations, used to distribute communications service in underground systems; or
(i) Facilities owned by a public agency, to the extent that the Town lacks the authority to regulate the use of such facilities by that public agency.
12.42.060 Special Exceptions Granted by the Town Council Notwithstanding any other provisions of this chapter the Town Council may grant special exceptions on a permanent or temporary basis to the provisions hereof, on such terms as the Town Council may deem appropriate in cases of emergency or unusual circumstances, to any person to erect, construct, install, maintain, use or operate poles and overhead lines and associated overhead structures within any underground utility district, provided that prior thereto the Town Council shall have made a finding that granting of such special exception does not violate the general purposes of this chapter, will not be detrimental to the public interest, welfare, safety, peace or health and that such action will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the underground utility district.
12.42.070 Time Extension
In the event that any act hereby required by any person or utility herein referred to cannot be performed within the time herein provided on account of shortage of materials, war, restraint by public authorities, strikes, or by any circumstances beyond the control of the person or utility or
Ordinance No. 22-
by unusual hardships, then the time within which such act shall be accomplished may be extended by the Public Works Director or designee, for a period not exceeding one year.
12.42.080 Notification to Affected Property Owners and Utilities Unless a different time period is established within the ordinance creating a specific underground utility district, within thirty days after the establishment of the underground utility district the Public Works Director or designee shall so notify all affected property owners and utilities owning real property within the affected area. The Public Works Director or designee shall further notify affected property owners and utilities that poles, overhead lines and associated overhead structures are to be removed and that if the affected owners and utilities or the tenants or occupants of their property desire to continue to receive electric, communication or similar associated service they shall make all necessary facility changes on their premises so as to receive the services at a new location subject to the applicable rules, regulations and tariffs of the respective utilities on file with the California Public Utilities Commission or with such utilities, and the utility rules and regulations of the Town of Mammoth Lakes.
12.42.090 Responsibility of Property Owner
(a) All conduits, conductors and associated equipment necessary to receive electric, communication or similar associated services between service conductors or underground pipes or conduits of the supplying utilities and the service facilities to the building or structure being served shall be provided by the person owning, operating, leasing or renting the affected property subject to applicable rules, regulations and tariffs of the respective utilities on file with the California Public Utilities Commission and the utility rules and regulations of the Town of Mammoth Lakes.
(b) The underground service connection construction shall be accomplished within the time specified in Section 12.42.020 or if the time is not specified therein, within 30 days after the installation of the replacement underground utility facilities.
12.42.100 Action on Noncompliance
(a) In the event the person owning, operating, leasing or renting the affected property does not comply with the provisions of Section 12.42.090 within the time specified therein the Public Works Director shall have the authority to order the disconnection and removal of poles, overhead lines and associated overhead structures supplying utility service to the affected property and the utility shall not be thereafter required to provide service to such premises until the owner, tenant or occupant makes the necessary changes.
Ordinance No. 22-
(b) Noncompliance by any person owning, operating, leasing or renting the affected property with the provisions of Section 12.42.090 shall constitute a misdemeanor. Until such time as notice is given pursuant to the provisions of Section 12.42.080 the utility shall not be in violation of this chapter in continuing to maintain overhead facilities necessary to serve such person during the period of such noncompliance and such reasonable time thereafter as may be necessary to remove those facilities.
12.42.110 Cost of Removal a Lien
The cost of disconnecting and removing poles, overhead lines and associated overhead structures supplying electric service incurred by the Town under Section 12.42.100 shall become a lien on the property theretofore served from the same.
RESOLUTION NO. 2022- 15
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, STATE
OF CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH UNDERGROUND
UTILITY DISTRICT
WHEREAS, the current Town of Mammoth Lakes requires commercial property owners to underground utilities along their property frontage as a part of new building construction or as a part of building additions, which results in the incremental relocation of utilities from aerial to underground locations over a long period oftime; and
WHEREAS, undergrounding utilities is in the interest of public health and safety; and WHEREAS, undergrounding utilities improves corridor aesthetics and utility system reliability; and
WHEREAS, undergrounding utilities results in fewer utility pole conflicts with driveways, landscaping, pedestrian walkways, and vehicular facilities; and WHEREAS, the Town of Mammoth Lakes is reconstructing portions of Laurel Mountain Road to include utility and pedestrian improvements; and
WHEREAS, undergrounding in this portion of Laurel Mountain Road corridor will avoid or eliminate an unusually heavy concentration of overhead utility lines; and WHEREAS, the portion of Laurel Mountain Road along which utilities will be undergrounded, is a major collector road that serves commercial and residential uses and is extensively used by the general public, and carries a heavy volume of pedestrian and vehicular traffic; and WHEREAS, the Town of Mammoth Lakes Town Council desires to establish underground utility districts in the along Laurel Mountain Road.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
1. That the Town Council intends to establish Underground Utility District Number 2022- 01 along the Laurel Mountain Road corridor comprised ofthe following area:
All of the area in the County of Mono, Town of Mammoth Lakes, encompassing the area contiguous with Laurel Mountain Road between Main Street ( SR203) and Tavern Road, inclusive of Tavern Road approximately 100' east and west of the intersection of Laurel Mountain Road. All as more particularly described on that certain map entitled " Proposed Underground Utility District No. 2022- 01" on file in the office of the Town Clerk and attached hereto and incorporated herein by reference.
2. From and after the effective date of the establishment of the proposed Underground Utility District 2022- 01, no person or utility shall erect or construct within Underground Utility District 2022- 01 any pole, overhead lines or associated overhead structure used or useful in supplying electric, communications or similar associated services.
3. Within 180 days from the date of completion of underground facilities within Underground Utility District 2022- 01 to be constructed by owners or users of aboveground utility facilities subject to a utility
Resolution No. 22- 15
undergrounding ordinance adopted by the Town all overhead lines and associated structures used or useful in supplying electric, communication or similar and associated services in the proposed Underground Utility District 2022- 01 shall be removed, and from and after the date no person or utility shall use or maintain such facilities within the proposed Underground Utility District 2022- 01.
Additional notice shall be given after the completion date has been precisely determined.
4. NOTICE IS HEREBY GIVEN that a Public Hearing shall be scheduled on April 6, 2022, at the hour of 4: 00 PM, in the regular meeting place ofthe Town Council located at 437 Old Mammoth Road Suite Z, Mammoth Lakes, California, and is hereby fixed as the time and place when and where the Town Council shall hear all protests and receive evidence for and against the action herein proposed, and when and where the Town Council shall consider and finally determine whether the public necessity, health, and safety require the establishment of Underground Utility District 2022- 01 and the removal of poles, overhead wires, and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, and similar and associated services in Underground Utility District 2022- 01 hereinabove described.
5. At the public hearing, all persons interested shall be given the opportunity to be heard. The hearing may be continued to another date and time as determined by the Town Council.
6. The Town of Mammoth Lakes Public Works Director is hereby designated as the person to answer inquiries regarding the protest proceedings, to be had herein and may be contacted during regular office hours at 437 Old Mammoth Road Suite Z, Mammoth Lakes, California or by calling 760- 965- 3650 or via email hhayes@townofmammothlakes. ca.gov.
7. The Town Clerk shall give notice of the public hearing by publishing notice ofthe public hearing and the Public Work Director shall mail copies ofthis resolution to all property owners within the proposed Underground Utility District 2022- 01 as shown on the last equalized tax roll ofthe Town of Mammoth Lakes, and to all utilities supplying electric, communication or similar or associated services within the proposed Underground Utility District 2022- 01. The mailing shall be completed at least 14 days prior to the date ofthe public hearing.
APPROVED AND ADOPTED THIS 16th DAY OF MARCH 2O22.
Motor, ff • • Mayor
ATTEST:
N6vv•
IE GRAY, Town Cl rk
STATE OF CALIFORNIA )
COUNTY OF MONO ) ss.
TOWN OF MAMMOTH LAKES)
I, JAMIE GRAY, Town Clerk of the Town of Mammoth Lakes, DO HEREBY CERTIFY under penalty of perjury that the foregoing is a true and correct copy of Resolution No. 22- 15 adopted by the Town Council of the Town of Mammoth Lakes, California, at a meeting thereof held on the 16th day of March 2022, by the following vote:
AYES: Councilmembers Rea, Sauser, Stapp, Mayor Pro Tem Wentworth, and Mayor Salcido
NOES: None
ABSENT: None
ABSTAIN: None
DISQUALIFICATION: None
r
J IE GRAY, Town CAerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the Council Meeting Date: 4/6/2022
Prepared by: Sandra Moberly, Community and Economic Development Director Recommended Motion: Staff recommends that the Town Council conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $50,000,000, (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at Tavern Road & Center Street (APN 035-010-020), Mammoth Lakes, California (the "Project") and adopt a resolution to become a member of the CMFA and to approve the financing of the Project by the CMFA.
Summary: Please see attached staff report.
1 TOWN COUNCIL STAFF REPORT
Title: Conduit financing1for the Parcel Apartments Affordable Housing Project Meeting Date: April 6, 2022
Prepared by: Sandra Moberly, Community and Economic Development Director RECOMMENDATION:
Staff recommends that the Town Council:
1) Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”).
2) Adopt the resolution approving the issuance of the Bonds by the CMFA for the benefit of Mammoth Lakes Pacific Associates, a California Limited Partnership (the “Borrower”) a partnership of which Pacific West Communities, Inc. (the “Developer”) or a related person to the Developer is the general partner, to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following). The resolution will also authorize the Mayor or designee thereof to execute the Joint Exercise of Powers Agreement with the CMFA.
BACKGROUND/ANALYSIS:
The California Municipal Finance Authority (CMFA) was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 300 municipalities have become members of CMFA. The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.
Mammoth Lakes Pacific Associates (the “Borrower”) requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $50,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance or refinance the acquisition, construction, improvement and equipping of a
1 A conduit issuer is an organization, usually a government agency, that issues municipal securities to raise capital for revenue-generating projects where the funds generated are used by a third party (known as the "conduit borrower") to invest in some project or activity that has a public benefit. The conduit financing is typically backed by either the conduit borrower's credit or funds pledged toward the project by outside investors. If a project fails and the security goes into default, it falls to the conduit borrower's financial obligation, not the conduit issuer. Source: Investopedia https://www.investopedia.com/terms/c/conduitissuer.asp
2 multifamily rental housing project located at Tavern Road & Center Street (APN 035-010- 020), Mammoth Lakes, California (The Parcel).
In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the Town of Mammoth Lakes (the “Town”) must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. The Town published a notice of this hearing on the Towns website
(https://www.townofmammothlakes.ca.gov/882/The-Parcel) on March 29, 2022 and in The Sheet newspaper on April 2, 2022. Following the close of the TEFRA Hearing, an “applicable elected representative” (in this case the Town Council) of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.
Joint Exercise of Powers Agreement
In order for the CMFA to have the authority to serve as the issuer of the bonds for the Project, it is necessary for the Town of Mammoth Lakes to become a member of the CMFA. Attached to this report is a copy of the Joint Exercise of Powers Agreement to be executed by a designated signatory of the Town.
The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement.
The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the Town will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project.
All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the Town or the State of California, but are to be paid for solely from funds provided by the Borrower.
There are no costs associated with membership in the CMFA and the Town will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the Town in the CMFA will not impact the Town’s appropriations limits and will not constitute any type of indebtedness by the Town. Outside of holding the TEFRA hearing, adopting the required resolution and executing the Joint Exercise of Powers Agreement of the CMFA, no other participation or activity of the Town or the Town Council with respect to the issuance of the Bonds will be required.
The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from such agreement upon written notice to the Board of Directors of the CMFA.
In the case of the proposed bond financing for the Borrower, the Town following its execution of the Joint Exercise of Powers Agreement, could, at any time following the
3 issuance of the Bonds, withdraw from the CMFA by providing written notice to the Board of Directors of the CMFA.
FINANCIAL CONSIDERATIONS:
The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the Town of Mammoth Lakes, it is expected that that a portion of the issuance fee attributable to the Town will be granted by the CMFA to the general fund of the Town.
Such grant may be used for any lawful purpose of the Town.
LEGAL CONSIDERATIONS:
None. The Town Attorney has reviewed the request and the attached documents and is supportive of moving forward with this process.
ATTACHMENTS
Attachment 1: Joint Exercise of Powers Agreement (CMFA) Attachment 2: Town Council Resolution 22-__ (JPA)
JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the “Members” and those parties initially executing this Agreement are referred to as the “Initial Members”):
WITNESSETH
WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the “Joint Exercise of Powers Act”), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a “public agency” as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and
WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and
WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and
WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and
WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein “Bonds”), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and
WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and
WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the “California Municipal Finance Authority” for the purposes set forth herein and to exercise the powers provided herein;
NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows:
Section 1. Purpose.
This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act.
The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth.
Section 2. Term.
This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority’s debts, liabilities and obligastions.
Section 3. Authority.
A. CREATION AND POWERS OF AUTHORITY.
Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “California Municipal Finance Authority” (the “Authority”), and said Authority shall be a public entity separate and apart from the Members. Its
debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members.
B. BOARD.
The Authority shall be administered by the Board of Directors (the “Board,” or the “Directors” and each a “Director”) of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the “Foundation”), with each such Director serving in his or her individual capacity as a Director of the Board. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation.
All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director.
Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose.
The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement.
C. OFFICERS; DUTIES; OFFICIAL BONDS.
The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the “Treasurer”) pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board.
Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an “Indenture”) providing for a trustee or other fiscal agent, and except as may otherwise be
specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act.
The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000.
The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants.
The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority.
D. MEETINGS OF THE BOARD.
(1) Ralph M. Brown Act.
All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the “Brown Act”).
(2) Regular Meetings.
The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
(3) Special Meetings.
Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
(4) Minutes.
The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director.
(5) Quorum.
A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place.
E. RULES AND REGULATIONS.
The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required.
Section 4. Powers.
The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes.
Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in
connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member.
The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not.
Section 5. Fiscal Year.
For the purposes of this Agreement, the term “Fiscal Year” shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004.
Section 6. Disposition of Assets.
At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members.
Section 7. Bonds.
From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement.
The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose.
Section 8. Bonds Only Limited and Special Obligations of Authority.
The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the
principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment.
No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds.
Section 9. Accounts and Reports.
All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds).
The books and records of the Authority shall be open to inspection at all reasonable times by each Member.
The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination.
The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose.
In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period.
Section 10. Funds.
Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement.
Section 11. Notices.
Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website).
Section 12. Additional Members/Withdrawal of Members.
Qualifying public agencies may be added as parties to this Agreement and become Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member.
Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing.
A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing.
Section 13. Indemnification.
To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.
Section 14. Contributions and Advances.
Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit’s or nonprofit organization's purposes.
Section 15. Immunities.
All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement.
Section 16. Amendments.
Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members.
Section 17. Effectiveness.
This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof.
Section 18. Partial Invalidity.
If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.
Section 19. Successors.
This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members.
Section 20. Miscellaneous.
This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to.
Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.
This Agreement shall be governed under the laws of the State of California.
This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the Town of Mammoth Lakes has caused this Agreement to be executed and attested by its duly authorized representatives as of the ___ day of _____________, 2022.
Member:
TOWN OF MAMMOTH LAKES
By
Name:
Title:
ATTEST:
By
Name:
Title:
RESOLUTION NO._______________
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING
EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY AND APPROVING THE ISSUANCE OF EXEMPT
FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL
PROJECT BY THE AUTHORITY FOR THE PURPOSE OF FINANCING
OR REFINANCING THE ACQUISITION, CONSTRUCTION AND
IMPROVEMENT OF CERTAIN FACILITIES FOR THE BENEFIT OF
MAMMOTH LAKES PACIFIC ASSOCIATES, A CALIFORNIA
LIMITED PARTNERSHIP
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”) in order to form the California Municipal Finance Authority (the “Authority”), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, the Town of Mammoth Lakes (the “Town”), has determined that it is in the public interest and for the public benefit that the Town become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the Town, including the financing of projects therefor by the Authority; and WHEREAS, there is now before this Town Council (the “Town Council”) the form of the Agreement; and
WHEREAS, the Agreement has been filed with the Town, and the members of the Town Council, with the assistance of its staff, have reviewed said document; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction, acquisition and rehabilitation of capital projects; and
WHEREAS, Mammoth Lakes Pacific Associates, a California Limited Partnership (the “Borrower”) a partnership of which Pacific West Communities, Inc. (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $50,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at Tavern Road & Center Street (APN 035-010-020), Mammoth Lakes, California (the “Project”); and
2 WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Code, requires that an “applicable elected representative” of the governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and
WHEREAS, the Authority has determined that the Town Council is an “applicable elected representative” for purposes of holding such hearing; and WHEREAS, the Authority has requested that the Town Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and, the requirements of Section 4 of the Agreement; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this Town Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority’s issuance of the Bonds therefor; and WHEREAS, it is in the public interest and for the public benefit that the Town Council approve the issuance of the Bonds by the Authority for the aforesaid purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL, AS
FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. The Agreement is hereby approved and the Mayor or the designee thereof is hereby authorized and directed to execute said document, and the Town Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto.
Section 3. The Town Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the Town Council that this resolution constitute approval of the issuance of the Bonds (a) by the “applicable elected representative” of the governmental unit having jurisdiction over the area in which the Project is located in accordance with Section 147(f) of the Code and; (b) by the Town Council in accordance with Section 4 of the Agreement.
Section 4. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The Town shall have no responsibility or liability whatsoever with respect to the Bonds.
Section 5. The adoption of this Resolution shall not obligate the Town or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
3 Section 6. The executing officers(s), the Town Clerk and all other proper officers and officials of the Town are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.
Section 7. The Town Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel:
Ronald E. Lee, Esq.
Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 941111
Section 8. This resolution shall take effect immediately upon its passage.
ADOPTED by the Town Council of the Town of Mammoth Lakes at a regular meeting of the Town Council held on the 6
th day of April, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________________
Lynda Salcido, Mayor
ATTEST:
___________________________________
Jamie Gray, Town Clerk
[SIGNATURE PAGE FOR JPA AGREEMENT]
IN WITNESS WHEREOF, the Town of Mammoth Lakes has caused this Agreement to be executed and attested by its duly authorized representatives as of the 6 th day of
April, 2022.
Member:
TOWN OF MAMMOTH LAKES
By
Name:
Title:
ATTEST:
__________________________________
Clerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Consider Acceptance of Final Draft Mobility Hub Study and Program Council Meeting Date: 4/6/2022
Prepared by: Sandra Moberly, Community and Economic Development Director Recommended Motion: Staff recommends that the Town Council review the final draft Mobility Hub Study and Program, consider public comments, and accept the document.
Summary: Over the past two years the Town has worked with two consultants to develop baseline data on mobility hubs and prepare a mobility hub study and program to facilitate the development of mobility hubs in town. The Final Draft Mobility Hub Study and Program (Attachment 1) focuses on the development of mobility hub locations within the urban core of town with a focus on pilot projects to demonstrate how mobility hubs could be implemented in the community. Site design and amenities for these two pilot project sites were shaped by the baseline mobility hub data as well as the 2021 community outreach process.
The Town Council reviewed the Draft Mobility Hub Study and Program at their meeting on March 16, 2022. At that time there were several members of the public who requested additional time to review and provide comments on the document. Staff has received several comments from members of the public indicating that the Community Center Park in the North Village area should not be used as a mobility hub. Staff will walk through the public comments and take comments/questions from the Town Council as needed. Staff has attached public comments received before the publication of this packet as Attachment 2.
Mobility Hub Study
and Program
Prepared for:
Town of Mammoth Lakes
2/9/22
Project Number
SD21-0403
Table of Contents
1. Introduction............................................................................................................................... 5
1.1 Project Introduction and Purpose..................................................................................................................................5
1.2 Building on Previous Efforts .............................................................................................................................................5
1.3 Study Overview......................................................................................................................................................................5
2. Mobility Hubs 101..................................................................................................................... 7
2.1 What is a Mobility Hub?.....................................................................................................................................................7
2.2 Mobility Hub Typologies: Primary & Destination Hubs ........................................................................................7
2.3 Mobility Hub Amenities .....................................................................................................................................................8
3. Mobility Hubs in Mammoth Lakes ........................................................................................ 10
3.1 Description of the Town of Mammoth Lakes ..........................................................................................................10
3.2 Data Overview......................................................................................................................................................................10
3.2.1 Parking Utilization and Citation Data..............................................................................................................10
3.2.2 Travel Demand Data ..............................................................................................................................................11
3.2.3 US Census Data........................................................................................................................................................11
3.3 Community Outreach........................................................................................................................................................11
3.3.1 Online survey............................................................................................................................................................12
3.3.2 In-person Outreach Event ...................................................................................................................................14
3.4 How, Why, and Where People Travel .........................................................................................................................16
3.4.1 Tourists........................................................................................................................................................................16
3.4.2 Residents ....................................................................................................................................................................16
3.4.3 Employees..................................................................................................................................................................17
3.5 Mobility Hub Location Recommendations...............................................................................................................17
4. Mobility Hub Pilot Project ..................................................................................................... 19
4.1 Pilot Site Identification......................................................................................................................................................19
4.2 Pilot Strategy Identification and Refinement...........................................................................................................19
4.2.1 Quick-Build Strategies ..........................................................................................................................................22
5. Findings and Next Steps......................................................................................................... 24
4.3 Implementation...................................................................................................................................................................24
4.3.1 Suggested Guidance and Criteria for Development of a Mobility Application .............................26
4.4 Monitoring.............................................................................................................................................................................29
4.5 Potential Funding Strategies ..........................................................................................................................................32
4.5.1 Considerations .........................................................................................................................................................32
4.5.2 Grantees......................................................................................................................................................................32
4.5.3 State of California Grant Funding Programs ................................................................................................33
4.5.4 Federal Grant Programs .......................................................................................................................................33
4.5.5 Public-Private Partnerships .................................................................................................................................35
4.5.6 Other Local Funding Strategies.........................................................................................................................35
5. Conclusion................................................................................................................................ 37 Appendix A – Task 2 Memorandum...................................................................................................................................39 Appendix B – Task 3.2 Memorandum................................................................................................................................40 Appendix C – Survey Data......................................................................................................................................................41 Appendices
Appendix A – Task 2 Memorandum
Appendix B – Task 3.2 Memorandum
Appendix C – Survey Data
List of Figures
Figure 1: Survey Respondents Relationship to the Town.................................................................................................. 12 Figure 2: Survey Respondents Reason for Not Using Mammoth's Transit Services............................................... 13 Figure 3: Survey Respondents Bicycle Use in Town............................................................................................................. 14 Figure 4: Outreach Boards for Mammoth Festival of Beers & Bluesapalooza.......................................................... 15 Figure 5: Participants Sharing Feedback on Travel Behavior and Mobility Hub Amenities................................. 15 Figure 6: Community Input Collected at Outreach Event.................................................................................................. 16 Figure 7: Mode Choice of Residents (ACS 5-Year Estimate, 2019.................................................................................. 17 Figure 8: Recommended Mobility Hub Locations................................................................................................................ 18 Figure 8: Quick-Build Strategies for Existing Park and Ride Lot..................................................................................... 20 Figure 9: Quick-Build Strategies for Community Recreation Center ............................................................................ 21 List of Tables
Table 1: Mobility Hub Location by Typology ......................................................................................................................... 18 Table 2: Quick-Build Strategies for Pilot Project Locations .............................................................................................. 22 Table 3: Mobility Hub Implementation Steps ........................................................................................................................ 25 Table 4: Mobility Hub Strategies Performance Measurements ...................................................................................... 29
Mobility Hub Study and Program
2/9/2022
5 1. Introduction
1.1 Project Introduction and Purpose
The Town of Mammoth Lakes (“the Town”) is a year-round recreation destination for those seeking outstanding landscapes and outdoor recreation. This popularity, combined with large seasonal variations in climate, creates mobility challenges for residents, employees, and visitors.
The Mobility Hub Study and Program (“Study” and “Project”) builds upon previous mobility planning efforts with the overarching goal of promoting the Town’s “feet-first” philosophy by increasing and improving use of the transit system, preventing roadway congestion, improving circulation for residents and visitors, and helping to create a sense of place in Mammoth Lakes. Mobility hubs are a key component to achieving this goal.
This Study considers the unique mobility needs of the Town when identifying mobility hub locations and amenities, the process of implementing a mobility hub program, and potential funding sources. The following report identifies eight mobility hub locations. Two of the eight mobility hubs were selected for an initial pilot project program. Site design and amenities for these two pilot project sites were drafted in collaboration with Town Staff and refined through a community outreach process.
1.2 Building on Previous Efforts
The Mobility Hub Study and Program intends to utilize and build upon previous mobility-related plans and studies to align with existing mobility efforts completed by the community. Multiple plans and studies outline the Town’s mobility needs and provide general guidance on potential strategies for mobility hubs and mobility hub locations.
The Study aligns and supports the findings and strategies developed as part of the Main Street Plan, Walk, Bike, Ride Action Plan,(2017) and the Town General Plan Mobility Element (2016) These documents outline a need for mobility hub elements, such as “transit plazas,” “a multi-modal transportation facility”, and “a central transit hub.” The Town General Plan Mobility Element establishes goals, policies, and actions necessary to achieve a progressive and comprehensive multi-modal transportation system that serves the needs of residents, employees, and visitors alike. The Walk, Bike, Ride Action Plan aims to provide seamless connections between destinations and high-quality mobility options for walking, biking, and riding transit.
1.3 Study Overview
This Study represents the culmination of the project and includes a summary of the recommendations and next steps for the Town. The Report is divided into six chapters.
Mobility Hub Study and Program
2/9/2022
6 1. Chapter 1 introduces the Study and outlines the document.
2. Chapter 2 introduces the mobility hub concept, mobility hub typologies, and amenities for enhancing a multi-modal network in the Town of Mammoth Lakes.
3. Chapter 3 provides an analysis of the data and community outreach used to identify key users and locations for mobility hub strategies.
4. Chapter 4 outlines the process used to identify quick-build strategies to enhance the use of each pilot mobility hub site.
5. Chapter 5 identifies steps for implementing the mobility hubs, including potential funding strategies and revenue sources.
6. Chapter 6 provides a summary of conclusions.
Mobility Hub Study and Program
2/9/2022
7 2. Mobility Hubs 101
2.1 What is a Mobility Hub?
Mobility hubs are places where people can make seamless connections between multiple transportation options. Mobility hubs offer visibility to – and connection between – public transit and other mobility services that in turn support sustainability, connectivity, and reduce dependence on private vehicles.
Mobility hubs can also help reduce congestion due to community growth. Building a hub in one location of the Town can help alleviate congestion elsewhere as the benefits from mobility hub services and amenities are felt throughout the network. While individual hubs can form a cohesive network, the design and accommodations at each hub location will vary based on the unique transportation needs of the area.
2.2 Mobility Hub Typologies: Primary & Destination Hubs Mobility hubs can vary in size and the types of amenities provided. Mobility hub typologies depend on a variety of factors, including proximity to activity centers, transit, and characteristics of nearby roadway and non-motorized transportation facilities. To support a “park-once” strategy and to reduce congestion and parking demand, a network of “primary” and “destination” mobility hubs is recommended. These categories are differentiated by scale, amenities, and context.
Primary mobility hubs are intended to be locations where ample space and existing public parking is available. The intent of these mobility hubs is to allow tourists and employees to park their vehicle at these locations for the duration of their trip and use various transportation options offered at the mobility hubs to travel to key destinations. Doing so would increase the likelihood that travelers will use alternate modes of transportation while they are in town, therefore reducing congestion along Town roads and parking demand at key destinations. To encourage mobility hub use, the parking lots at these locations should not have time restrictions and have minimal cost or free parking. The primary mobility hubs should include amenities and services that allow and encourages users to “park once” and utilize alternative modes of transportation to get around the Town. For example, transit access, comfortable transit stops (with benches, enclosures, and user information), bike share, robust travel and tourist information, and other amenities as described in Section 2.3 of this document.
Destination mobility hubs are intended to be smaller and will not include parking options that allow for all-day parking. The key purpose of these mobility hubs is to provide access to key destinations that do not offer robust parking such as Canyon Lodge, Eagle Lodge, and Main Street. A person would park at the “primary hub,” their lodging, or commercial areas and take transit to get to the “destination hubs”. The destinations hubs would provide return travel back to the primary hubs, lodging options, and commercial centers throughout the town. Many of the amenities and services are similar to the primary hubs but provided at a more basic scale and parking would be limited, very time restrictive, and potentially have a cost.
Mobility Hub Study and Program
2/9/2022
8 2.3 Mobility Hub Amenities
Mobility hub amenities can be tailored to specific modes (e.g., EV charging or bicycle parking) or be more general (e.g., travel information kiosks or traveler restrooms). Mobility hubs support and connect to major transportation modes like public transit, pedestrian routes, and existing bicycle facilities. Amenities can also provide useful travel information aimed at enhancing the transportation experience, such as information on local restaurants, shops, and hotels.
Potential mobility hub amenities (by mobility hub type) include:
Primary Mobility Hub
• Parking & Charging
◦ Surface parking lots
◦ Electric vehicle (EV) charging
◦ Structure parking
◦ Valet Parking
• Multi-modal Amenities
◦ Transit Service/Stops
◦ Transit Stop Enhancements
◦ Taxi/Rideshare Service
◦ Taxi/Rideshare Loading Zones
◦ Robust Visitor Information
◦ Real time travel & Trip Planning Information
◦ Pedestrian Friendly Streetscape
◦ Car Share
◦ Bike/Racks/Secure Bike Lockers
◦ Seasonal Bike Share Hub
◦ Seating/Waiting Area
◦ Restrooms
◦ Concierge Service (Luggage Delivery)
◦ Recreational Equipment Lockers & Storage
Destination Mobility Hub
• Parking & Charging
◦ Limited Electric vehicle (EV) charging
Mobility Hub Study and Program
2/9/2022
9 ◦ Limited Valet Parking
• Multi-modal Amenities
◦ Transit Service/Stops
◦ Transit Stop Enhancements
◦ Taxi/Rideshare Service
◦ Taxi/Rideshare Loading Zones
◦ Basic Visitor Information
◦ Pedestrian Friendly Streetscape
◦ Bike/Racks/Secure Bike Lockers
◦ Seating/Waiting Area
◦ Restrooms
◦ Recreational Equipment Lockers & Storage
Certain amenities like EV charging are easier to implement quickly, whereas other amenities like structured parking are typically thought of as long-term strategies.
Mobility Hub Study and Program
2/9/2022
10 3. Mobility Hubs in Mammoth Lakes
The project team analyzed available mobility data and conducted outreach to better understand how, why, and where people travel in the Town. The following section provides an overview of the analysis and outreach performed that supported the development of mobility hub strategies.
3.1 Description of the Town of Mammoth Lakes
The Town includes a mix of land use types, including single- and multi-family residential, commercial, and recreational, among others. High activity centers are not limited to the core of the Town. Inside the town core, high activity centers include commercial areas along Main Street (SR-203) and Old Mammoth Road, Mammoth Mountain access points at Main Lodge, Canyon Lodge, and Eagle Lodge, as well as at the Village at Mammoth. Popular destinations, such as Lakes Basin and Sherwin Recreational Area, are outside the town core and make it challenging to provide effective transit connections. Though transit and non-motorized transportation options exist, many people choose to drive due to extreme weather and limited transit effectiveness.
3.2 Data Overview
To better understand the Town’s mobility needs, the project team reviewed parking utilization, travel demand, and US Census data.
3.2.1 Parking Utilization and Citation Data
Parking utilization and citation data was reviewed to determine areas where parking availability is limited and determine locations where parking or travel connections are desired, but not currently provided.
The parking utilization data provided parking occupancy collected on February 15, 2020, at 8 AM, 10 AM, 12 PM, 2 PM and 4 PM. Parking occupancy was most consistently high for the parking areas near the Village, along Main Street west of Old Mammoth Road, and along the Old Mammoth Road Commercial District.
The parking citation data collected between March 2019 and February 2020 shows a higher concentration of parking citations issued in the following areas:
• Canyon Lodge: along Rainbow Lane, Lakeview Boulevard, and Davison Road • The Village: primarily along Canyon Boulevard, SR-203 (Minaret Road) and Forest Trail • Old Mammoth Road Commercial District: Chateau Road east of Old Mammoth Road • Main Street: near Stellar Brew and Natural Café
• SR-203 (Minaret Road): near the Stump Alley Express and Gold Rush Express ski lifts (i.e., The Mill) Most of the parking citations were for vehicles parked in no parking zones or in time restricted zones.
Mobility Hub Study and Program
2/9/2022
11 Parking appears to be in highest demand (paired with lower availability) in areas that serve Mammoth Mountain Ski Area lifts or commercial destinations. These areas (listed above) may be good candidates for destination hubs that provide return service to primary mobility hubs, as they are desired destinations at which parking supply is low or substantial amounts of parking citations have been issued.
3.2.2 Travel Demand Data
The Teralytics1travel demand data that was provided includes the number of “home”, “work,” or “other” related trips (originating or terminating at home, work, or other destinations) from counties throughout California and Nevada. While this data does not show travel patterns within the Town of Mammoth Lakes, it does provide information about the purpose of travel to the town. The predominant trip purpose was “Other,” meaning that the trip is not a trip to home or work and is most likely associated with recreational or tourism trips. Additional insights are provided in the “Why People Travel” sections below.
3.2.3 US Census Data
The U.S. Census Bureau’s American Community Survey (2019: ACS 5-Year Estimate) commute mode choice breakdown for residents of Mono County was obtained to provide work related travel behavior and mode choice. Additional insights are provided in the sections below.
3.3 Community Outreach
The project team conducted public outreach through an online survey and in-person interviews in the summer of 2021. This outreach was used to identify amenities for the pilot project and the overall strategy for mobility hubs in the Town.
Key takeaways from the online survey and in-person interviews include:
• There is a lack of information about alternative transportation options (e.g., transit, e-bike rentals) that exist throughout town.
• There is a lack of reliable transit service.
• Many people did not know that transit service is free within town. • There is an interest in having more EV charging throughout town. • There is a lack of non-motorized infrastructure.
• There is a lack of secure bicycle parking at key destinations. • There is a lack of information about existing non-motorized transportation networks like bicycle and pedestrian routes.
1 Teralytics is a travel demand data (“big data”) provider that works with telecom operators to provide access to mobility metrics relating to people’s movement. The data comes from anonymous cell phone GIS and cell tower records.
Mobility Hub Study and Program
2/9/2022
12 3.3.1 Online survey
The survey was available online from 7/30/2021 – 9/3/2021. The survey focused on three goals:
establishing the respondent’s relationship to the Town, understanding travel behavior/needs, and understanding mobility preferences/perceptions. Respondents were asked a series of questions based on their relationship to the Town: visitor/tourist, resident, or worker. In effort to understand differences in travel behavior of each relationship type, travel behavior questions were grouped by relationship type. A total of forty-seven visitors/tourists, residents, and workers responded to the online survey. 51% of the respondents were visitor/tourists, 40% of respondents were residents, and the remaining 9% of respondents were workers. The complete survey data summary is provided in Appendix C.
Relationship Type
The respondents were primarily made up of year-round visitors/tourists, residents, and workers. Of the 24 visitors that responded to the survey, 50% of respondents (n=12) visit during the Winter and Summer months. Of the 19 residents that responded to the survey, 85% of resident respondents (n=17) live in the Town year-round. Similarly, 75% of workers (n=3) are not seasonal workers. As a result, the project team believes our survey results below reflect mobility needs and desires of a majority year-round population.
Figure 1: Survey Respondents Relationship to the Town
Each relationship type was asked about their existing mode of travel and what options they might use if convenience was not a factor. While 100% of resident respondents (n=19) typically drive with in the Town, our results indicate visitors/tourists and workers engage with modes other than a vehicle. Thirty-seven percent of visitors/tourists typically walk or bike and 17% of workers walk or take public transit.
Visitors/tourists and workers expressed overwhelming interest in traveling around the Town by means other than driving if convenience wasn’t a factor. Fifty percent of residents still believe they would opt to drive even if convenience was not a factor.
51% 40%
9%
Survey Question: What is your relationship to
Mammoth Lakes?
Visitor/Tourist
Resident
Worker
Mobility Hub Study and Program
2/9/2022
13 Transit
Several survey questions were dedicated to understanding use of the Town’s free transit services, such as the Town Trolleys or ESTA shuttles. Sixty-six percent of respondents (n=31) had used the Town’s free transit services. Of the 34% who had never used the Town’s free transit service, most shared that they “didn’t know it existed,” “didn’t know the route schedule,” and “didn’t know the service was free.” More frequent shuttles, more reliable service, and real-time travel/trip planning information were the most common response for ways to make transit a more attractive mode type.
Figure 2: Survey Respondents Reason for Not Using Mammoth's Transit Services Bicycle
Around half of all survey respondents had used a bicycle in the Town. Safe and protected bicycle pathways and secure bicycle parking were the most selected option for ways to make biking a more attractive mode. Lack of dedicated facilities and not comfortable riding a bicycle was the most common responses for why respondents have not used a bicycle to travel in the Town. As described, when asked the question, “What would make riding a bicycle more attractive?, 72% of respondents indicated that “enhanced bicycle pathways” would be their first choice, followed by “secure bicycle parking.” 0 1
2 3
4 5
6 7
Didn't know
it existed
Didn't know
it was free
Didn't know
the route
schedule
Not
convenient
Routes don't
serve my
destinations
Prefer to
drive
# of respondents
Survey Question: Why haven't you used
Mammoth's transit services (Town Trolleys or
ESTA Shuttles)?
Mobility Hub Study and Program
2/9/2022
14 Figure 3: Survey Respondents Bicycle Use in Town
Park and Ride
Majority of survey respondents (89%) had never used the Park and Ride Lot (PNR) before. Of the 11% who had used the Park and Ride Lot, transit connection to other destination was the most common response for what motivated respondent to the use the PNR. For the 89% of respondents who had never used the PNR before, the majority (n=21) indicated that they, “didn’t know it existed” followed by they “prefer to park at my destination.”
In addition to the questions mentioned above, respondents were asked to share desired mobility services at the Town’s Park and Ride Lot. Taxi/rideshare loading (n=20), bike share/rental station (n=19), and visitor information (n=16) were the top responses for desired services overall.
3.3.2 In-person Outreach Event
The project team attended the Mammoth Festival of Beers & Bluesapalooza on August 7, 2021, to collect in-person feedback on travel behavior and proposed mobility hub amenities. Outreach was conducted in two ways:
• A booth was set up inside the event with boards for people to review and provide feedback. The following interactive exhibits were provided:
◦ Map boards asking participants, “Where do you go and stay?” ◦ Mobility hub amenities board asking participants to “Place stickers on the amenities that make you interested in using a mobility hub.”
◦ Board asking participants about the existing Park & Ride Lot. 53%
47%
Survey Question: Do you ever use a bicycle to
travel around Mammoth?
Yes
No
Mobility Hub Study and Program
2/9/2022
15 ◦ Jar activity asking participants to place a bottle cap into a jar indicating their favorite way to get around.
• Intercept surveys were performed of people standing in line to enter the event. The surveys asked basic questions including:
◦ Do you live in Mammoth? If not, where are you traveling from? ◦ How do you get around Mammoth?
◦ What would make it easier for you to walk, bike, or take transit? Approximately 65 people responded during the intercept survey and approximately 30 individuals stopped by the booth to ask questions and provide feedback.
Figure 4: Outreach Boards for Mammoth Festival of Beers & Bluesapalooza Figure 5: Participants Sharing Feedback on Travel Behavior and Mobility Hub Amenities A mix of visitors/tourists and residents engaged with the different data collection tools. Majority of the respondents who engaged in the jar activity prefer methods other than a vehicle when getting around Mammoth Lakes: walking (30%), transit (23%), biking (21%), and car (19%). Many of the tourists engaged did not know about the free transit or how to utilize the service. The following mobility hub amenities were desired by respondents:
• Gondola services
• Bike racks & lockers
• Seasonal bike share hub
• Shuttle service/stops
• Bus stop enhancement
• Taxi/rideshare loading zones
• Structured parking
Mobility Hub Study and Program
2/9/2022
16 • Visitor information
• Real-time travel/trip planning information
• Recreational equipment lockers & storage
• Limited direct equipment rentals (for bikes, helmets, skis, and boots) • Overnight large vehicle parking
Feedback on amenity preferences were incorporated into the quick-build strategies outlined in Table 2.
Figure 6: Community Input Collected at Outreach Event
3.4 How, Why, and Where People Travel
This section summarizes travel behavior for tourists, residents, and employees based on the data sources described above and anecdotal observations based on our discussions with Town staff and our experience visiting the Town.
3.4.1 Tourists
Tourists typically travel by private automobile, though they may complete short trips by foot or bike once in town. Most tourists traveling in and around the Town of Mammoth Lakes do so to access restaurants, shopping, and recreation. Tourists primarily visit The Village, Old Mammoth Road Commercial District, Canyon Lodge, Main Street, and along SR-203 between Main Lodge and The Mill.
3.4.2 Residents
According to the American Community Survey (2019: ACS 5-Year Estimate), most commuters in Mono County travel via automobile (62 percent) or by transit (21 percent), with the remaining portion either commuting by bicycle or walking, or telecommuting.
Mobility Hub Study and Program
2/9/2022
17 Figure 7: Mode Choice of Residents (ACS 5-Year Estimate, 2019 This was further supported by the Study’s community outreach survey data in which nearly two-thirds of residents who responded indicated they drive around town. Anecdotally, the project team understands that although some residents commute to work, residents primarily travel for personal (e.g., running errands, dining out) or recreational (e.g., skiing, hiking, camping) purposes. Residents will typically travel from their homes to grocery stores, restaurants, and recreational destinations.
3.4.3 Employees
The commute mode data presented above also applies to employees, as such it is expected that most employees travel to work in private automobiles. Employees travel within the town for work-related trips, while some make recreational trips or trips to access grocery stores or restaurants before or after work.
Non-resident employees travel into town using SR-203 and continue to the various destinations along Main Street, in the Village, in the Old Mammoth Road Commercial District, and the Mammoth Mountain Ski Area.
3.5 Mobility Hub Location Recommendations
Using the information collected above on traveler markets and behavior, and to support a “park-once” strategy and to reduce congestion and parking demand, the following mobility hub locations are recommended:
Recommended mobility hub locations are shown below on Table 1 and Figure 2. As previously mentioned in Section 2.2, mobility hubs are categorized into two typologies: Primary and Destination.
Primary mobility hubs allow tourists and employees to park their vehicle at these locations for the duration of their trip and use various transportation options offered at the mobility hubs to travel to key destinations. Destination mobility hubs are smaller and have a key purpose of providing return service to the primary mobility hubs, lodging options, and commercial centers throughout the town. 62%
21%
5%
6% 6%
Mode Choice (Mono County)
Automobile Transit Walking Bicycle Worked from Home
Mobility Hub Study and Program
2/9/2022
18 Table 1: Mobility Hub Location by Typology
Location Typology
Mammoth Lakes Community Center and the Village at Mammoth Parking area Primary Mammoth Lakes Visitor Center Primary
The future Community Recreation Center (CRC) at Mammoth Creek Park Primary Old Mammoth Road Commercial District at existing Tavern Road Park-and-Ride lot near Old Mammoth Road and Tavern Road
Destination
Canyon Lodge Destination
Main Street near Stellar Brew and Natural Café Destination Along Minaret Road (SR-203) near Main Lodge Destination Along Meridian Boulevard near Eagle Lodge Destination
Figure 8: Recommended Mobility Hub Locations
Mobility Hub Study and Program
2/9/2022
19 4. Mobility Hub Pilot Project
The project team identified two mobility hub pilot project sites that would make the most impact on mobility overall and could be implemented using quick-build strategies.. Quick-build strategies will allow the Town to implement improvements faster and measure strategy effectiveness at a lower cost.A summary of this effort is described below.
4.1 Pilot Site Identification
The Towns PNR and future CRC sites were selected for mobility hub pilot projects. In this Study, the project team identified quick-build strategies that could be used to enhance the use of each site. These sites were selected because they either already exist (PNR lot) or are under construction (CRC site), and quick-build strategies could be implemented more easily. Site design is shown in more detail on Figure 3 and Figure 4.
4.2 Pilot Strategy Identification and Refinement
Building off the travel demand data and feedback from the community in the outreach survey and the inperson outreach at Bluesapalooza, the project team identified an initial set of quick-build strategies that could be implemented at either the PNR or CRC site. Strategies were identified that :
1. Support Mobility Element goals of reducing driving, increasing walking, managing parking, etc.
2. Are contextually appropriate (e.g., sized based on anticipated travel demand, applicable during winter and/or summer, etc.)
3. Meet travel demand needs
4. Can be implemented quickly and for a relatively low cost
OLD MAMMOTH ROAD
SIERRA MANORS ROAD
MAMMOTH TAVERN ROAD
MAMMOTH LAKES MOBILITY HUB STUDY
Existing Park & Ride Lot
Pick-up/Drop-off Area
Public Information Kiosk
Eye-catching kiosk that includes marketing
of free transit
NOTE: Maps with information about mobility
services, nearby destinations and walking routes
will be included at the Public Information Kiosk.
NOTE: The multi-modal amenities are most
effective if a pedestrian connection to the bus stop
is also implemented
PARKING & CHARGING
MULTI-MODAL AMENITIES
SIDEWALKS & PATHWAYS
Paved Sidewalks
Proposed Pedestrian Connection
to Old Mammoth Road
Restrooms
Seating/Waiting Area
Free Surface Parking
Free/Subsidized EV Charging
NOTE: The number of free surface parking and
free/subsidized EV charging spaces will be
determined in coordination with Town staff. Staff
will also explore expanding existing Tesla chargers
to include universal chargers.
Quick-Build
Mobility Hub Strategies
Secure Bike Lockers/
Short-term Bike Parking
OLD MAMMOTH ROAD
TO MEADOW LANE
Community
Recreation Center
MAMMOTH LAKES MOBILITY HUB STUDY
Community Recreation Center
Quick-Build
Mobility Hub Strategies
Free Surface Parking
Free/Subsidized EV Charging
PARKING & CHARGING
SIDEWALKS & PATHWAYS
Paved Sidewalks
Pedestrian Connections
NOTE: The number of free surface parking and
free/subsidized EV charging spaces will be
determined in coordination with Town staff. Spaces
may be limited or unavailable during certain hours
and/or CRC events.
Public Information Kiosk
Eye-catching kiosk that includes marketing
of free transit
MULTI-MODAL AMENITIES
Secure Bike Lockers/
Short-term Bike Parking
Pick-up/Drop-off Area
NOTE: Maps with information about mobility
services and nearby destinations will be included at
the Public Information Kiosk.
Mobility Hub Study and Program
2/9/2022
22 4.2.1 Quick-Build Strategies
Following the community outreach process, the project team refined the list of quick-build strategies and identified the following strategies for the pilot locations:
Table 2: Quick-Build Strategies for Pilot Project Locations Strategy Park & Ride Community Rec Center
Free Surface Parking X X
EV Charging X X
Free Printed Map that Shows Walking Routes X
Drop-off/Pick-up Area X X
Seating/Waiting Area X
Restrooms X
Bike Valet/Secure Bike Lockers X X
Public Information Kiosk (Marketing of FREE
Transit)
X X
Mobility Hub Study and Program
2/9/2022
23
Mobility Hub Study and Program
2/9/2022
24 5. Findings and Next Steps
The strategies identified above have the potential to reduce the percentage of trips made via private automobile, therefore enhancing mobility throughout town. This section outlines the steps to implement mobility hubs, monitor program effectiveness, and some of the potential funding strategies. This will include considerations from grant programs, potential recipients of these grants, and potential funding strategies.
4.3 Implementation
Mobility hub strategies will need to be designed in a coordinated effort between Town staff and key stakeholders. Successful implementation of mobility hubs is dependent on the Town’s abilities to advance the program and success in identifying and implementing partnerships to provide mobility services.
Table 3 identifies key steps for implementing mobility hubs.
Mobility Hub Study and Program
2/9/2022
25 Table 3: Mobility Hub Implementation Steps
Note: TOML = Town of Mammoth Lakes; SMP = Shared Mobility Provider; PB = Private Business Step Description Involved Parties
and Responsibility
Identify and
Secure Sites
The Mobility Hub Study identifies mobility hub locations, typologies, and amenities. While the pilot project focuses on land owned by the Town, some sites may require public/private partnerships, access agreements, or purchasing.
TOML and PB
Shared
Mobility
Partnerships
Public-private partnerships can increase the number of shared mobility options such as shared bicycles (or electric bicycles or scooters) available in the Town of Mammoth Lakes.
TOML and SMP
Mobility Hub
Configuration/
Design
Design and implement mobility hubs, including context sensitive amenities and services. Design and construct necessary utility and communications upgrades. Incorporate and plan for additional pedestrian amenities, such as pedestrian pathways and improved crossings. Identify any impacts or changes impacting transit service operation.
TOML, SMP, and
PB
Mobility as a
Service/Smart
Phone Mobility
Application
Create a mobile smartphone application for residents and tourists to obtain information about mobility services, plan trips, compare mobility choices, purchase tickets, or reserve service.
TOML, SMP, and
PB
Education and
Encouragement
Marketing
Campaigns
Develop an education and encouragement campaign to provide information and increase awareness of mobility hub options and encourage use. Provide local businesses advertisement opportunities and campaign materials to promote program.
TOML, SMP, and
PB
Performance
Monitoring
Plan
Establish data collection measurements, frequency, metrics to monitor performance and adjust shared mobility services to best meet changing demands.
TOML and SMP
Mobility Hub Study and Program
2/9/2022
26 Individual destination and primary mobility hub sites will be designed based on mobility needs and community preferences. Site design should allow for flexibility to incorporate future mobility services and technologies.
4.3.1 Suggested Guidance and Criteria for Development of a Mobility Application
As part of this Study, the Town requested preliminary research into the development of an app-based service for integrated multi-modal trip planning, ticketing, and fare collection/validation. Currently the mobility application TransitApp is available for free public use and provides users with information on ESTA transit times. At time of the Study, the application is not widely used. One of the key drawbacks is that the app uses crowdsourced data as the data source for producing transit times. This means that the app relies on people having the app downloaded and in use to get information while they are riding the transit. Since the app isn’t widely used, the data is sparse and can be inaccurate.
The current TransitApp is specifically focused on providing transit route information. A more comprehensive multi-modal transportation application can support the Town in providing seamless travel for customers and effectively monitoring mobility hub amenities proposed in this Study. A more comprehensive app-based service could be used to support the existing transit system and proposed mobility hub amenities, such as electric vehicle charging stations, shuttle services, car share, secure bike racks, etc. The following section suggests elements and criteria for the Town to consider when procuring a provider and provides ideas for improving the existing application if switching service providers is not desired
Potential Requirements and Desirable Elements
The following list of features could all be identified as desirable elements. Some of the items below could be elevated to minimum requirements, keeping in mind that given the complexities of app development, a long list of requirements may unnecessarily constrain respondents and reduce the number of proposals.
For example, the items listed below in BOLD could be identified as required and the remaining elements could be identified as desired.
The Town would need to assist the selected vendor in building the local relationships (technical and business) required to develop the features listed below. • Compatible with both Android and IOS, and responsive on all browsers/platforms • Compliant with relevant accessibility standards (ADA, CVAA, WCAG, etc.) • Available for free download on Apple iTunes and Google Play The following Mobility
App-based services
were reviewed as part
of this Study:
• ByteMark
• Civic Connect
• Double Map
• Moovel
• Moovit
• RouteMatch
• Token Transit
• Transloc
• TransitApp
• TripShot
Mobility Hub Study and Program
2/9/2022
27 • Allow users to search for and purchase rides from local transit agencies • Display real-time vehicle locations and arrival predictions • View automobile and bicycle parking locations
• Accommodate demand responsive transit features
• Ability to prepay for automobile parking
• Allow users to search for and purchase rides from on-demand or shared mobility providers (Lyft/Uber, Taxi, bikeshare, scooter share, etc.) and private transportation operators (resort/hotel shuttles).
• Allow riders to purchase tickets for ski/mountain bike areas or special events • Rewards program to incentivize transit use (points program, virtual gift cards, discounts at local businesses)
• Ability to send customer questionnaires
• Future applications such as Wallet, luggage concierge, links with on-line booking engines to allow trip planning on a pre-arrival basis, as well as integration capabilities with other applications General Considerations for Selecting an App Developer
Based on discussions with customers of mobility application developers, a general theme is that when a small and more nimble application developer is acquired by a larger company, the responsiveness and flexibility decline significantly for existing/legacy clients. Review proposed contracts for unfavorable language that limits the responsibility of developers in the case of acquisition or merger. Some companies may have undergone changes in ownership that limit their ability to provide the kind of locally customized and branded or “white label” application desired by the Town of Mammoth Lakes.
We encourage using an app developer that is popular among mountain communities. This familiarity provides ease of use. There does not appear to be a universal mobility application in use among mountain communities. Utah Transit Authority also uses the TransitApp, while Park City uses myStop Mobile.
Application providers like RouteMatch and TripShot have local business integration which could promote public-private partnership between the Town and local merchants.
Cost / Fee Structure
Customized Trip Planning: A customized app under complete ownership of the Town would likely be the costliest structure and there would be little incentive to upgrade or continue supporting the application beyond the agreed upon contract term.
White Label: These apps generally offer custom branding and some customization of functionality, but most elements of the application remain the property of the vendor. Up-front costs vary significantly based on desired elements and payments for ongoing support and maintenance are also typically required.
Mobility Hub Study and Program
2/9/2022
28 Commission Based: For applications that allow in-app purchases, contracts with revenue sharing agreements can significantly reduce up front capital costs and provide an incentive for the app developer to promote, maintain and update the application on an ongoing basis.
Service Provider: Bytemark Service Provider: Moovit
Service Provider: TransLoc Service Provider: Route Match Ideas for Improving Usage of TransitApp and Ridership Data Collection As mentioned above, ESTA currently uses TransitApp, but the application is not widely used. Since transit in the Town is free and application usage is low among riders, it is difficult to actively track transit ridership. In addition, since the app uses crowdsourced data to report transit times and the app usage is low, the data provided on the app is not reliable. Strategies to increase app usage is a key first step in deploying reliable data to users and obtaining transit ridership information.
The following strategies can be used to increase app use:
Mobility Hub Study and Program
2/9/2022
29 • Establish regular coordination between ESTA and Town staff to collaborate on encouraging transit usage, improving use of the app, and discussing next steps for either a new or improved app. • Develop a marketing campaign for the app to increase usage. The app should be advertised on the transit vehicles and at transit stops. It would also be helpful to include an advertisement on the ESTA, Town, and www.visitmammoth.com websites as well as print materials that are provided to tourists at hotels (for example the map that is handed out upon check-in at many of the hotels). Marketing can also be done through radio and social media. • Develop an incentive program that offers people who download the app coupons to local businesses or other prizes (for example stickers or other souvenirs that are branded with the Mammoth Lakes logo).
• Investigate if the app can utilize GPS module data instead of crowdsourced data. A GPS module would be installed on each transit vehicle to track and provide travel data within the app. This would provide more reliable information and not rely on increased app usage. However the improved data may encourage increased use.
4.4 Monitoring
The following section outlines recommended data collection types for six of the eight proposed pilot project quick-build strategies. Once implemented, the effectiveness of the strategies at each location will be analyzed using a data-driven process. Primarily, utilization and count data will be collected at regular intervals to determine if the proposed strategies are successful at supporting the Town mobility goals of reducing auto congestion by promoting a “park once” environment. This data will assist the Town in determining the best long-term strategies to include in future mobility planning efforts. Note that the specific measures of effectiveness may need to be adjusted once baseline data is collected.
Table 4: Mobility Hub Strategies Performance Measurements Mobility Hub
Strategy
Measure of
Effectiveness Data Type Frequency Estimated Cost Implementation Considerations Free Surface
Parking
Increased use
of mobility hub.
Parking
utilization of
70% or greater.
Utilization
Bi-Annually
(Winter and
Summer)
with at least
3 days of
data for
each season
Low to high
cost
Costs will vary based on the
collection method used,
whether from on-site
observations (low cost)2 or
sensors (high cost).3
2 On-site observations should also monitor amenities motorists use after parking on-site. 3 Streetlight Data (2021) https://www.streetlightdata.com/modes/
Mobility Hub Study and Program
2/9/2022
30 Mobility Hub
Strategy
Measure of
Effectiveness Data Type Frequency Estimated Cost Implementation Considerations Free/Subsidized
EV Charging
Increased EV
use. EV space
occupancy of
50% or greater.
Utilization
Bi-Annually
(Winter and
Summer)
with at least
3 days of
data for
each season
n/a4
Local agency should request EV
Charging Station vendors
include the installation of
equipment capable of
collecting and reporting
utilization data.
5 Outside of EV
vendors, occupancy data can
be collected during parking
occupancy surveys.
Free Printed
Map that
Shows Walking
Routes
Increased
pedestrian
activity along
identified
walking route.
50% increase in
pedestrian
counts over the
baseline count.
Pedestrian
Counts
Annually Low cost
On-site observations or
feedback from business owners
via survey or focus groups.6
4 Vendors may include utilization data under service contract or provide for an additional cost. Cost for this data is not available at this time.
5 Northeast Corridor Regional Strategy for Electric Vehicle Charging Infrastructure (Nescaum 2018) https://www.nescaum.org/documents/northeast-regional-charging-strategy-2018.pdf/ 6 Curbside Management Practitioners Guide (Institute of Transportation Engineers 2019) https://s23705.pcdn.co/wpcontent/uploads/2019/03/ITE-Kerbside-Curbside-Management-Guide.pdf
Mobility Hub Study and Program
2/9/2022
31 Mobility Hub
Strategy
Measure of
Effectiveness Data Type Frequency Estimated Cost Implementation Considerations Drop-off/PickUp Area
Curbside
activity that
results in 20
drop-off/pickups during
daylight hours.
Vehicle
counts
Annually.
Basic
observations
performed
for at least 3
consecutive
days
High cost
(for
continual
monitoring)
Low cost for
basic
observations
Automated (video) data
collection methods may
require public transport and
ride services to provide
sufficient data to collect and
monitor use of Drop-off/PickUp Area.7 Data can also be collected through basic
observations; however, it would
be more limited.
Bike
Valet/Secure
Bike Lockers
Bike valet or
bike parking
occupancy of
50% or greater.
Utilization Annually
Low cost to
n/a8
On-site observations can be
performed if design allows for
visibility. Bike lockers with
digital access features are likely
equipped with data reporting
capabilities.9 The local agency
should confirm with service
provider.
Marketing of
FREE Transit
and TransitApp
Transit ridership
increase by 50%
after first year
of
implementation
of measures to
expand
TransitApp use
or deployment
of a new app.
Utilization Annually Low cost
The Town should consider
measures to expand the use of
the TransitApp or development
of an updated transit or
integrated app-based mobility
service. Data can be collected,
evaluated, and managed in
partnership with the Eastern
Sierra Transit Authority.
7 The Shared-Use City: Managing the Curb (OECD 2018) https://www.itf-oecd.org/sites/default/files/docs/shared-usecity-managing-curb.pdf 8 Vendors may include utilization data under service contract or provide for an additional cost. Cost for this data is not available at this time.
9 Cycle Safe (2021) https://cyclesafe.com/bike-parking/options/bike-locker-digital-access/
Mobility Hub Study and Program
2/9/2022
32 4.5 Potential Funding Strategies
Mobility hubs are often funded through local, state, and federal funding sources.
Potential local funding sources include:
• Funding from local or county tax measures such as sales or use tax • Special assessments on property within neighborhoods or special districts • Parking or other use fees with specific allocation for transportation investment • Financing capital costs through local bond measure
4.5.1 Considerations
Transportation grant programs generally provide financial assistance to implement programs or facilities that support regional, county, and goals for mobility, land use, climate action and resiliency. Many grant programs require a local match financial contribution, or a local funding source that constitutes a portion of the overall cost. Generally, transportation grants do not cover the entire project cost. As such, it is highly recommended that the Town prepares a capital cost estimate for the project(s). The capital cost estimates should outline the cost against potential revenue sources, including financing (such as bond funds) and available grant funding. This effort will also assist the Town prepare and articulate the project(s) in a grant application process.
Once capital cost estimates are prepared, the Town should prioritize projects. Projects with the biggest effect on multiple facilities, modes, and aligned with Town mobility goals should be prioritized first. In addition, the projects should be prioritized based on how they set up implementation for other projects, for example, consider if you build one project does it help make it easier to construct the next one.
Packaging projects from different planning documents will make the application stronger and help the Town achieve mobility goals more quickly and efficiently.
4.5.2 Grantees
Grant programs are available to different jurisdictions operating in the Town and eligibility may very across entities. The potential grantee options for these project(s) are:
• Town of Mammoth Lakes (Town)
• Eastern Sierra Transit Authority (ESTA)
• Mono County
• Caltrans
Depending on the grant program, it is also possible for the Town to jointly apply for grants in partnership with the County or ESTA.
Mobility Hub Study and Program
2/9/2022
33 4.5.3 State of California Grant Funding Programs
The State of California offers a myriad of mobility grant programs to local communities and transit operators. The following programs may be opportunities for the Town. • State Transportation Improvement Program
◦ Five-year Program funding improvements that increase highway system capacity including transit and active transportation projects
• Active Transportation Program
◦ Funds and promotes alternative transportation options to encourage active modes • Local Partnership Program
◦ Intended to incentivize cities/counties that have passed tax measures for transportation improvements
• California Climate Investment: Cap and Trade Program
◦ Eligible grantees could be either the Town or ESTA, depending on the program type ◦ The State offers Technical Assistance to support communities applying for funding under these program
◦ California Climate Investments seek to invest in cleaner energy and innovative means to reduce pollution. Funding within this program does include investments in cleaner transportation as well as affordable housing, zero-emission, and renewable energy. A portion of California Climate Investments also invest in low-income and disadvantaged communities. • Potential funding programs for Mobility Hubs:
◦ Transit & Intercity Rail Capital: funds transformative capital improvements that modernize California’s transit systems including bus
◦ Low Carbon Transit Operations: offers capital assistance grants for transit agencies to improve mobility through new or expanded services
4.5.4 Federal Grant Programs
The United States Department of Transportation (US DOT) Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) offer many grant programs for transit authorities, regional, and local entities to construct improvements within transportation networks. Grant programs range from formula programs where the program funding is allocated to the States Department of Transportation or discretionary funds awarded to Regional Planning organization through a competitive application process.
The capital cost of mobility hubs generally could be eligible under the following programs:
• Grants for Bus and Bus Facilities Program
Mobility Hub Study and Program
2/9/2022
34 ◦ Competitive program
◦ Supports the investment in bus facilities such as mobility hubs ◦ Grants can fund up to 80 percent of the total project cost and the grantee will be required to demonstrate funding plan
• Better Utilizing Investment to Leverage Development (BUILD) ◦ Competitive program
◦ For “shovel-ready” projects that have a significant regional or local impact ◦ BUILD grants span US DOT with FTA administering for transit-related investments ◦ Eligible projects include funding for re-construction activities and right-of-way acquisition ◦ As a condition of award, FTA would likely require projects that involve right-of-way acquisition to commit to completing the anticipated improvements within a particular timeframe
• Congestion Mitigation and Air Quality Program (CMAQ)
◦ Formula funding
◦ Provides funding for nonattainment or maintenance areas for ozone, carbon monoxide, and/or particulate matter.
◦ States that have no nonattainment or maintenance areas still receive a minimum apportionment of CMAQ funding for either air quality projects or other elements of flexible spending
◦ Funds may be used for any transit capital expenditures otherwise eligible for FTA funding provided they have an air quality benefit
• Rural Transportation Grant Programs
◦ Intended to support mobility and transit in nonurbanized areas ◦ Formula and competitive grant programs exist
• Access and Mobility Partnership Grant
◦ Competitive grant program
◦ Grantee could be partnership of Town, County and/or other service providers ◦ Provides competitive funding to support innovative projects for the transportation disadvantaged that will improve the coordination of transportation services and nonemergency medical transportation services ◦ The Mobility Hub project could include innovative features to support the objectives of this grant program
◦ Grant program requires project completion within 18 months of award
Mobility Hub Study and Program
2/9/2022
35 ◦ Grants can fund up to 80 percent of the total project cost and the grantee will be required to demonstrate funding plan
4.5.5 Public-Private Partnerships
Mobility hubs and increased transit ridership will provide a myriad of benefits for local businesses.
Businesses and developers may no longer need to provide as much parking, freeing up land for other revenue-generating uses or reducing barriers to development. This increases economic activity and funding for the Town. Reducing congestion and improving mobility improves quality of life for residents and can make the Town more desirable for tourists and residents alike. Operating a business near a mobility hub can provide a competitive edge for nearby businesses, making them more accessible to a larger market than other locations. These positive externalities associated with mobility hubs can be captured by the Town and formalized through the development of public-private partnerships.
Private contributions from local businesses can include land for mobility hubs, dedication of space for mobility hub services, reduced rates for shared mobility services, data to assist in identifying markets and monitoring performance, and contributions for education and encouragement marketing campaigns.
Public-private partnerships also include the provisions of some mobility hub services and amenities such as bikeshare, carshare, shared ride-hailing, and electric charging stations. The Town may be required to provide a benefit such as a subsidy, marketing, or exclusivity to the private entity for providing the service.
These partnerships can be mutually beneficial for both parties and may further increase the effectiveness of mobility hub services and amenities.
4.5.6 Other Local Funding Strategies
Other funding opportunities are also available through parking fees or fees on other uses on the transportation network. One strategy for encouraging shared mobility use is to appropriately charge for parking. Parking charges may be set to align with the cost of land or to align demand and supply where parking supply is limited. While parking charges incur some cost, such as for enforcement, signage, and revenue collection, often there is surplus revenue that can be applied to services, such as amenities outlined in the mobility hub quick-build program above. This can be a valuable source to cover ongoing operating and maintenance costs.
Other potential user fee types could include:
• Recreational user fees that supplement day-use fees
• Lodging taxes
• Increased parking costs during congested periods
• Distance based parking fees
Local funding could also be provided for certain mobility hub amenities through a business improvement district that levies fees on local businesses in defined areas. Such mobility strategies that are commonly
Mobility Hub Study and Program
2/9/2022
36 funded through such programs include microtransit shuttles, local circulation and streetscape improvements, and marketing campaigns.
Mobility Hub Study and Program
2/9/2022
37 5. Conclusion
The Town of Mammoth Lakes has a unique set of transportation needs and constraints because of its seasonal weather and tourist-oriented services. This Study builds on previous planning efforts and existing Town philosophies, such as “park once” or “feet first,” to develop a proposed list of mobility hub locations to address the Towns transportation needs. This Study identifies quick-build amenities for two mobility hub locations and outlines next steps for implementing a comprehensive mobility hub network that promotes the sustainable use of the transportation and enhances the daily life of residents and tourists.
Mobility hubs are an emerging transportation solution throughout the country. This Study aims to build on the evolving nature of mobility hubs and provide context sensitive solutions for the Town’s unique transportation needs. This Study used parking utilization, travel demand and US Census data, as well as community input, observations made by Town Staff, and expertise from the project team, to identify mobility hub locations and future users. The Study focuses on travel demands unique to the user types in the Town of Mammoth Lakes: Residents, Tourists, and Employees. Two mobility hubs typologies are proposed for Mammoth Lakes to reflect the different transportation needs in different parts of the community. These hub types are differentiated by scale, amenities, and magnitude of physical improvements.
This Study outlines recommended steps for implementing a smooth and effective roll-out of the mobility hub program. Additionally, performance measurements were outlined to measure and assess mobility hub utilization and success. This includes collecting utilization and count data regularly to determine if the proposed strategies are successful at supporting the Town mobility goals. In addition, funding strategies have been identified, such as grant programs, public-private partnerships, and additional revenue sources.
Mobility hubs offer a robust solution to implementing the Town’s vision of parking a vehicle once and relying on a well-connected multi-modal network to access the Town’s recreational, commercial, and cultural attractions. In this vision, visitors park at one of the primary or destination mobility hubs when they enter the Town and then use transit, biking or walking for the remainder of their stay. Residents have enough mode options to commute to work by walking, biking and/or transit and experience a higher quality of life by avoiding congestion and reducing expenses associated with automobile ownership and usage.. Through this Study, mobility hub locations are strategically placed allowing visitors/tourists, residents, and the local work force to seamlessly connect between modes and services.
Mobility hub strategies will need to be designed in a coordinated effort between Town staff and key stakeholders. Successful implementation of mobility hubs is dependent on the Town’s abilities to advance the program and success in identifying and implementing partnerships to provide mobility services. The project team recommends the Town consider consolidating all existing mobility-related plans and studies into a Mobility Master Plan with a master multi-modal improvement priority list. Through a robust and inclusive planning process, the Town can synthesize the previous mobility planning studies, develop a list of priority projects, and secure funding to implement projects. The Mobility Master Plan should also
Mobility Hub Study and Program
2/9/2022
38 include designing an interactive web-based GIS platform to actively track and interact with public as mobility projects move through the planning progress. This plan can serve as the Towns transportation roadmap for years to come.
Appendix A – Task 2 Memorandum
Town of Mammoth Lakes
June 8th, 2021
555 West Beech Street | Suite 302 | San Diego, CA 92101 | (619) 234-3190 | Fax (619) 702-9345 www.fehrandpeers.com
Memorandum
Date: June 8
th, 2021
To: Chandler Van Schaack, Town of Mammoth Lakes
From: Katy Cole, Madison Roberts and Chris Wahl; Fehr & Peers Subject: Draft Data Review and Mobility Hub Siting Refinement (Task 2) SD21-0403
The purpose of this memorandum is to review data collected for the Mobility Hub Study and Program Administrative Draft and determine whether the proposed mobility hub sites identified in the Administrative Draft are appropriate. Specifically, this memo reviews the parking utilization and citation data that was collected for the Mobility Hub Study and Program, travel demand (i.e., Teralytics) data that was previously collected and analyzed, and United States Census commute data. This memorandum summarizes predominant travel patterns throughout Mammoth Lakes and provides updated mobility hub siting recommendations.
The findings of this memorandum will support the development of mobility hub strategies and the refinement of the Mobility Hub Study and Program document.
Data Overview
The following data sources were reviewed to help understand travel behavior to/from and within the Town.
Parking Utilization and Citation Data
Key Finding: Parking appears to be in highest demand (paired with lower availability) in areas that serve Mammoth Mountain Ski Area lifts or commercial destinations. These areas (listed below) may be good candidates for smaller mobility hubs that provide return service to larger mobility hubs, as they are desired destinations at which parking supply is low or substantial amounts of parking citations have been issued.
Parking utilization and citation data was reviewed to determine areas where parking availability is limited and determine locations where parking or travel connections are desired, but not currently provided.
Town of Mammoth Lakes
June 8
th, 2021
The parking utilization data provided parking occupancy collected on February 15, 2020, at 8 AM, 10 AM, 12 PM, 2 PM and 4 PM. Parking occupancy was most consistently high for the parking areas near the Village, along Main Street west of Old Mammoth Road, and along the Old Mammoth Road Commercial District.
The parking citation data collected between March 2019 and February 2020 shows a higher concentration of parking citations issued in the following areas:
• Canyon Lodge: along Rainbow Lane, Lakeview Boulevard, and Davison Road • The Village: primarily along Canyon Boulevard, SR-203 (Minaret Road) and Forest Trail • Old Mammoth Road Commercial District: Chateau Road east of Old Mammoth Road • Main Street: near Stellar Brew and Natural Café
• SR-203 (Minaret Road): near the Stump Alley Express and Gold Rush Express ski lifts (i.e., The Mill)
Most of the parking citations were for vehicles parked in no parking zones or in time restricted zones.
Travel Demand Data
Key Finding: Most people traveling to the Town of Mammoth Lakes are doing so for recreational or tourism purposes.
The Teralytics travel demand data that was provided includes the number of home, work or “other” related trips (originating or terminating at home, work, or other destinations) from counties throughout California and Nevada. While this data does not show travel patterns within the Town of Mammoth Lakes, it does provide information about the purpose of travel to the town. The predominant trip purpose was “Other,” meaning that the trip is not a trip to home or work and is most likely associated with recreational or tourism trips. Additional insights are provided in the “Why People Travel” sections below.
US Census Data
The U.S. Census American Community Survey (2019: ACS 5-Year Estimate) commute mode choice breakdown for residents of Mono County was obtained to provide work related travel behavior and mode choice. Additional insights are provided in the “Why People Travel” sections below.
How, Why, and Where People Travel – Evaluating the Data This section summarizes travel behavior for tourists, residents, and employees based on the data sources described above and anecdotal observations based on our discussions with Town staff and our experience visiting the Town.
Town of Mammoth Lakes
June 8
th, 2021
Tourists
How
Due to limited transportation options from other counties to the Town of Mammoth Lakes and observed congestion in the town during peak tourism periods, it is assumed that most tourists will drive their private automobile to the town or rent a car at the airport when they arrive.
While in town some tourists may complete short trips by foot or bike, predominantly in the summer, but most trips to restaurants and recreational destinations are assumed to be completed by car or using the existing complimentary shuttle system operated by the Eastern Sierra Transit Authority (ESTA).
Why
The Teralytics data identifies weekend travelers (on a typical weekend in January 2019) traveling to the Town of Mammoth Lakes from 47 different counties within California and Nevada.
Approximately 92% of all trips from this data set are not home or work-related trips, supporting the fact that the Town of Mammoth Lakes is a key regional destination for recreation and tourism.
With this understanding, it can be assumed that travel in and around the Town of Mammoth Lakes is primarily for recreation and secondarily for work trips to and from recreational commercial uses. Of the trips completed only within Mono County, approximately 94% were categorized as non-home or work-related, indicating that even local travel (within Mono County) is most focused on recreation.
By reviewing the land uses surrounding the areas of highest travel demand (using parking occupancy and parking citations as a proxy) it appears that most tourists traveling in and around the Town of Mammoth Lakes do so to access restaurants, shopping, and recreation.
Where
The parking utilization and citation data illustrates that the areas with highest travel demand for tourists are the following:
• The Village: around Canyon Boulevard, Minaret Road and Forest Trail • The Old Mammoth Road Commercial District
• Canyon Lodge: along Lakeview Boulevard
• Main Street: near Stellar Brew and Natural Café
• SR-203 (Minaret Road): near the Stump Alley Express and Gold Rush Express ski lifts (i.e., The Mill)
Predominately, trips are taken to access commercial, recreational, or lodging uses.
Town of Mammoth Lakes
June 8
th, 2021
Citation data is assumed to be most indicative of preferred destinations for tourists because it is expected that tourists have a higher tolerance for parking citation fees than residents and employees. It is also assumed that residents and employees are more aware of locations where parking is allowed near destinations.
Residents
How
The U.S. Census American Community Survey (2019: ACS 5-Year Estimate) provides the following commute mode choice breakdown for residents of Mono County.
Note to Town Staff: The commute transit mode share (21%) reported by the ACS seems high for Mono County. Are you able to provide any insight as to why it is this high? For reference, the transit mode share for commuters in California is five percent.
Although commute or work trips do not represent all trips that a person makes throughout the day, work trips can be representative of a person’s general willingness to use alternative modes of transportation. As the commute mode choice is predominantly automobile, it is expected that residents generally use their automobile to access destinations throughout the Town of Mammoth Lakes. It is also anticipated that residents of the town use automobiles more frequently during winter and spring months when temperatures tend to be much lower and the presence of snow and ice along roadways and adjacent nonmotorized pathways can create substantial mobility challenges.
Why
Data summarizing why residents travel was not available at the time this memorandum was prepared. However, anecdotally, the project team understands that although some residents commute to work, residents primarily travel for personal (e.g., running errands, dining out) or recreational (e.g., skiing, hiking, camping) purposes.
62%
21%
5%
6% 6%
Mode Choice (Mono County)
Automobile Transit Walking Bicycle Worked from Home
Town of Mammoth Lakes
June 8
th, 2021
Where
Despite data not being currently available for town residents’ travel patterns, it can be logically assumed that residents will typically travel from their homes to grocery stores, restaurants, and recreational destinations. A small portion of the residents are assumed to commute out of the town for work. Due to these relatively scattered travel patterns, it is not expected that residents will be the key market for the mobility hub network, though mobility hub strategies will be available for residents should they elect to do so.
Employees
How
Anecdotally, we understand that most employees who work in the Town of Mammoth Lakes do not live within the town, but rather in other areas within Mono and Inyo Counties. The commute mode data presented above for residents is also representative of the mode choices of employees commuting to the town and as such, it is expected that most employees travel to work in private automobiles. Additionally, seasonal weather fluctuations are anticipated to increase the percentage of the employees commuting to work in private automobiles in the winter and spring, similar to residents of the town.
Why
Employees are expected to travel within the Town primarily for work-related trips (either the commute to or from work or other work-related trips during the workday). While in the town a smaller portion of employees may complete recreational trips or trips to access grocery stores or restaurants before or after work, but these trips are expected to be infrequent.
Where
Although travel pattern data is limited, non-resident employees are expected to travel into town using SR-203 and continue to the various restaurants, lodging, and recreational destinations along Main Street, in the Village, in the Old Mammoth Road Commercial District, and the Mammoth Mountain Ski Area. This concentrated travel pattern along SR-203 may make employees an ideal audience for a mobility hub along SR-203 at the eastern edge of the town, especially if a mobility hub in this location provides transportation to employment centers during shift changes.
Review of Mobility Hub Siting
The Mobility Hub Study and Program Administrative Draft recommended three different types of mobility hubs: Recreational Gateway, Community, and Regional. Each type of mobility hub was proposed to include a different suite of amenities ranging from enhanced transit waiting areas to universal transportation accounts.
Town of Mammoth Lakes
June 8
th, 2021
The final mobility hub sites identified in the report are:
• The Village
• Eagle Lodge
• Old Mammoth Road Commercial District
• Main Street/Old Mammoth Road
• Mammoth Creek Park
• Mammoth Yosemite Airport
Updated Mobility Hub Site Recommendations
To support a “park-once” strategy and to reduce congestion and parking demand in undesirable areas, a network of “primary” and “destination” mobility hubs is recommended.
Primary mobility hubs are intended to be locations where ample space and existing public parking is available. The intent of these mobility hubs is to allow tourists and employees to park their vehicle at these locations for the duration of their trip and use various transportation options offered at the mobility hubs to travel to key destinations. Doing so would increase the likelihood that travelers will use alternate modes of transportation while they are in town, therefore reducing congestion along Town roads and parking demand at key destinations. To encourage mobility hub use, the parking lots at these locations should not have time restrictions.
Destination mobility hubs are intended to be smaller and will not include parking options that allow for all-day parking. The key purpose of these mobility hubs is to provide return service to the primary mobility hubs, lodging options, and commercial centers throughout the town.
Recommended mobility hubs are described in more detail in Table 1 and shown on Figure 1.
Town of Mammoth Lakes
June 8th, 2021
Table 1. Mobility Hub Recommendations
Type Location Recommendation Rationale Implementation Considerations Primary Mammoth Lakes Community Center and the Village
at Mammoth Parking area
The Village is a large tourist destination for lodging
and restaurants, and a direct connection to Canyon
Lodge and the Mammoth Mountain Ski Area is also
provided via the Village Gondola. The Community
Center is an ideal location as it is publicly owned and operated and within walking distance to the key
destinations in the Village.
If the Village at Mammoth Parking area is privately
operated the town may need to implement a
memorandum of understanding to allow long-term
parking.
Mammoth Lakes Visitor Center
This is the eastern-most tourist destination that all
visitors and most employees pass when entering town
on SR-203. The location is ideal to prevent traffic from entering the town, thereby reducing traffic congestion
in town.
Location is owned by the U.S. Forest Service. For the
Town to use this site as a mobility hub a
Memorandum of Understanding will need to be
implemented. Since Main Street (SR-203) is part of
the California state highway system, coordination with
Caltrans may also be required when developing
mobility hub strategies.
The future Community Recreation Center (CRC) at
Mammoth Creek Park
The future CRC will be centrally located within the
Town, as well as along the Town Multi Use Path
(MUP) and trail system (MLTS).
Vehicular parking for mobility hub users at this
location may be limited during CRC events.
Destination
The Old Mammoth Road Commercial District,
specifically the southeast corner of the intersection of Old Mammoth Road and Tavern Road.
This area is a key destination for tourists and residents accessing restaurants, shopping, and entertainment
uses, and for employees accessing jobs.
Due to the nature of the commercial uses available,
transportation options will need to run frequently as
trips to nearby uses are expected to be short.
Town of Mammoth Lakes
June 8
th, 2021
Type Location Recommendation Rationale Implementation Considerations Canyon Lodge
This location is a key destination for tourists accessing the mountain. Its proximity to ski lifts makes it a
convenient location to pick up tourists and take them
back to primary mobility hubs.
As this is a key destination for accessing the
mountain, subsidized or publicly provided ski or
mountain bike storage and lockers should be located
here.
Main Street near Stellar Brew and Natural Café
Main Street is a popular commercial district that is far enough away from the Village mobility hub to make
walking inconvenient.
Transportation option service can be less frequent in
this location due to the nature of the commercial uses
(i.e. – restaurants where tourists may stay for longer).
Along Minaret Road (SR-203) near Main Lodge
Main Lodge is a key access point for the Mammoth
Mountain Ski Area, and the area around it is a popular
destination for tourist lodging.
Since Minaret Road (SR-203) is part of the California
state highway system, coordination with Caltrans may
be necessary depending on the siting of mobility hub
features.
Along Meridian Boulevard near Eagle Lodge
Eagle Lodge is a key access point for the Mammoth
Mountain Ski Area, and the area around it is a large
destination for tourist lodging.
Eagle Lodge typically closes winter operations prior
Canyon Lodge and Main Lodge and remains closed
through the summer/fall. As such, services here may
be reduced or eliminated completely when ski
operations conclude.
Town of Mammoth Lakes
June 8
th, 2021
Figure 1. Mobility Hub Recommendations
Town of Mammoth Lakes
June 8th, 2021
Other Key Findings
Due to the impacts of seasonality on transportation choices in the Town of Mammoth Lakes, it is important that transportation options and strategies provided at the various mobility hubs are appropriate for the season in which they are available. For example, bikeshare may be popular during summer/fall months whereas ATV rentals or the free shuttle may be more appealing during winter/spring months. This seasonality may also impact the mobility hubs that are serviced in different seasons. For example, a full suite of transportation options is expected to be needed at the Canyon Lodge destination mobility hub in the winter months, but these services could be reduced, or the mobility hub could be closed during summer months depending on the number of tourists using the mountain for hiking and mountain biking.
Given that the Teralytics data shows most trips made to Mammoth Lakes are for recreational purposes, it is very important for the siting of mobility hubs, and the transportation options provided at these hubs, to cater to the unique needs of recreational users. Features like ski or snowboard storage, mountain bike racks and oversize personal effect storage for backpacks and trekking poles will need to be considered in the selection of transportation options to encourage use of these options over private vehicles. Mobility hub sites should be connected to trail heads, ski access points and other recreational destinations via existing or planned transportation services.
Appendix B – Task 3.2 Memorandum
555 West Beech Street | Suite 302 | San Diego, CA 92101 | (619) 234-3190 | Fax (619) 702-9345 www.fehrandpeers.com
Memorandum
Date: November 11, 2021
To: Chandler Van Schaack, Town of Mammoth Lakes
From: Katy Cole, Chris Wahl, and Angelica Rocha; Fehr & Peers Subject: Mammoth Lakes Mobility Hub Study and Program Wrap-up: Mini Pilot Project Performance Monitoring Plan
SD21-0403
The purpose of this Performance Monitoring Plan (PMP) is to identify methods for analyzing the effectiveness of quick-build strategies proposed for the Mammoth Lakes park and ride (PNR) lot and future Community Recreation Center (CRC). The PMP will help determine if the proposed strategies are successful at supporting the Towns mobility goals of reducing auto congestion by promoting a “park once” environment. Monitoring the effectiveness of the quick-build strategies will assist the Town in determining the best long-term strategies to include in the future Mobility Master Plan. This PMP includes information on effectiveness of the proposed mobility hub strategies, monitoring data types, data collection frequency, and implementation considerations.
Performance Measurements
The following section outlines recommended data collection types for six of the eight proposed quick-build strategies. Restrooms and Seating/Waiting Area are the two mobility hub strategies excluded from the PMP. Although these strategies are recommended for the mini pilot project, other metrics are more effective at measuring and monitoring the success of the two mobility hubs.
A mix of utilization data and count data are recommended for measuring effectiveness as shown in Table 1. Relative annual costs were estimated based on professional planning experience.
555 West Beech Street | Suite 302 | San Diego, CA 92101 | (619) 234-3190 | Fax (619) 702-9345 www.fehrandpeers.com
Table 1: Mobility Hub Strategies Performance Measurements Mobility Hub
Strategy
Measure of
Effectiveness
Data Type Frequency
Estimated
Cost
Implementation
Considerations
Free Surface
Parking
Increased use
of mobility hub
Utilization
Bi-Annually
(Winter and
Summer)
Low to
high cost
Costs will vary based on
the collection method
used, whether from onsite observations (low
cost)1 or sensors (high
cost).
2 Free/Subsidized
EV Charging
Increased EV
use
Utilization
Bi-Annually
(Winter and
Summer)
n/a3
Local agency should
request EV Charging
Station vendors include
the installation of
equipment capable of
collecting and reporting
utilization data.
4 Free Printed
Map that Shows
Walking Routes
Increased
pedestrian
activity along
identified
walking route
Pedestrian
Counts
Annually Low cost
On-site observations or
feedback from business
owners via survey or
focus groups.5
1 On-site observations should also monitor amenities motorists use after parking on-site. 2 Streetlight Data (2021) https://www.streetlightdata.com/modes/ 3 Vendors may include utilization data under service contract or provide for an additional cost. Cost for this data is not available at this time.
4 Northeast Corridor Regional Strategy for Electric Vehicle Charging Infrastructure (Nescaum 2018) https://www.nescaum.org/documents/northeast-regional-charging-strategy-2018.pdf/ 5 Curbside Management Practitioners Guide (Institute of Transportation Engineers 2019) https://s23705.pcdn.co/wp-content/uploads/2019/03/ITE-Kerbside-Curbside-Management-Guide.pdf
555 West Beech Street | Suite 302 | San Diego, CA 92101 | (619) 234-3190 | Fax (619) 702-9345 www.fehrandpeers.com
Mobility Hub
Strategy
Measure of
Effectiveness
Data Type Frequency
Estimated
Cost
Implementation
Considerations
Drop-off/PickUp AreaCurbside
activity
Vehicle
counts
Annually High cost
Automated (video) data
collection methods may
require public transport
and ride services to
provide sufficient data
to collect and monitor
use of Drop-off/Pick-Up
Area.6
Bike
Valet/Secure
Bike Lockers
Increased
bicycle mode
share
Utilization Annually
Low cost
to n/a7
On-site observations
can be performed if
design allows for
visibility. Bike lockers
with digital access
features are likely
equipped with data
reporting capabilities.8
The local agency should
confirm with service
provider.
6 The Shared-Use City: Managing the Curb (OECD 2018) https://www.itfoecd.org/sites/default/files/docs/shared-use-city-managing-curb.pdf 7 Vendors may include utilization data under service contract or provide for an additional cost. Cost for this data is not available at this time.
8 Cycle Safe (2021) https://cyclesafe.com/bike-parking/options/bike-locker-digital-access/
555 West Beech Street | Suite 302 | San Diego, CA 92101 | (619) 234-3190 | Fax (619) 702-9345 www.fehrandpeers.com
Mobility Hub
Strategy
Measure of
Effectiveness
Data Type Frequency
Estimated
Cost
Implementation
Considerations
Marketing of
FREE Transit
Improved
transit
ridership
Utilization Annually Low cost
The Town should
consider implementing
a transit or integrated
app-based mobility
service. Data can be
collected, evaluated,
and managed in
partnership with the
Eastern Sierra Transit
Authority.
Summary
The PMP was developed to support the Town of Mammoth in measuring the success of the quick-build strategies proposed for two mobility hub mini pilots. The goal of this document is to provide the Town with different data types at varying costs. Fiscal and staffing constraints will influence the type of data collected and collection frequency.
Appendix C – Survey Data
!
"
#
"
$ %&'()*+,,-./001112344567263809:;<6+043=8.>:;,+?@A4=38?B3=8.C38:5<D E FG HI JKLMNOLKL PIQRI STKUVWKXYZKXN[NZM\KXK ]^_`ab cXVXdL efgfhijklimjfghno pqgfrqshtu vijwqjo vfshqjxyiz{|}~ mqjxms{ ho ihtn q}j{pimsrxm{lfqt |igh~vfshqjxyiz{|}~n |igh~mqjxms{ h
!"#$%&'()*&++#,-. /0 1%23+45-'3 ")6%7#1!4/8 1%23+49&.. "):&'#;<3/= =).42 +>/? ? @ 0 ? A @ @%".%" =8 B%3 +? C!<!3-%'$ '3!+=0 5-3D*"- '(2A E!.F2-3 @
!"#$%&' ( !)#!"#$%&*
++#,-./#0 '
1-&2 // %&3 1-&4 !&5*!#6,-#78 %/&"#$0 9
8 %/&"#$%&*:&5,; $%&<= "#$&5, 6*!& 6. &66 ., 6%#/70 9 >/$
++#,-*5#?,-#78 %/&0 '
. &66 2 //&)*& 5,#7. &66 ., 0 =
@!#//5*& 5,#71-&2 // %&<9
!.,6&&,= >/$
++#,-(#++&6A /*>0 B
&6 $ !B C ,&D )*& 5,#7>/$
++#0 9
.!#DA6&&E*5#?,-& 5,#78 %/&0 F
" E&5G 5 !H .-&6D !(6&&E9 >,-&6F
!.,6&&,I J#D!,#D!K>/$
++#,-*5-0 =3
1-&2 // %&=I
!"#$%&=9
( !)#!"#$%&I 8 %/&"#$%&L 1-&
//I " E&5G 5 !F ;&$5
& $#DKJ&M /54#5,N /&L . &66 ., 6C#/7(#?65&H .!#DA6&&EC#/7(#?65&' >,-&63 Page 207 of 244
!
""
#$%&'$%&( )$*'+,-./011$'+2$0.3 )$*'+45--0678 9+7*%5&8 957**09'0*3 9&$%:*77;8 9$<'+8 ,'+7*3= ><?5&7??@0*;8 /05&9'*77'3 #$%&'$%&A,-./011$'+= B+745--0678 /05&C$.678 D0&E$&C$.678 F06-7C$.678 C0;7?>0?5&3 ,'+7*8 #*5G7H B*0&?5'= I0-;H >5;7J ,'+7*3