Mammoth Lakes City Council
May 4, 2022

Town Council Agenda

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

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

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

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

ZOOM INFORMATION
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1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

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

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

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

6. STAFF PRESENTATIONS

6.1. Proclamation declaring May 1-7, 2022 as Public Service Recognition Week.

6.2. Code Compliance Update – Coyotes.

6.3. Quarterly Presentation by Airport Core Management Team – Spring 2022.

7. CONSENT AGENDA

7.1. Approve the minutes of the regular meeting of April 20, 2022.

7.2. Approve the minutes of the special meeting of April 27, 2022.

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

7.4. Addendum to EIR for Mammoth Yosemite Airport Terminal Area Development Project.

7.5. Waive the reading and adopt by title only the ordinance adding Section 15.04.180 to the Town Municipal Code relating to expedited permitting procedures for electric vehicle charging stations as required by Government Code Section 65850.7.

7.6. Waive the reading and adopt by title only the ordinance adding Section 15.04.170 to the Town Municipal Code relating to expedited permitting procedures for small residential rooftop solar systems.

7.7. Resolution authorizing the sale of Town owned housing units to further the implementation of housing programs in the Town of Mammoth Lakes and other related matters.

7.8. Accept Payment Approval Report No. 22-42 in the amount of $1,273,139.94. Accept Payment Approval Report No. 22-43 in the amount of $338,762.82. Accept Payment Approval Report No. 22-44 in the amount of $405,193.84.

8. POLICY MATTERS

8.1. Approval of 2022 Youth Sports Funding Recommendations.

8.2. CDBG Funding Update for the Mammoth Lakes Housing 238 Sierra Manor Road project and consideration of the subrecipient agreement with Mammoth Lakes Housing to administer the CDBG award should it be awarded.

8.3. Consider drafting a letter in response to the nomination of Camp High Sierra for inclusion into the California Register of Historical Resources.

8.4. Adopt the emergency ordinance amending Municipal Code Chapter 8.14: Solid Waste Recycling.

8.5. Support Letter for State funding of JMT Conservancy 15-Year Work Program.

8.6. Presentation on budget performance through the third quarter of FY21-22.

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

10. CLOSED SESSION

10.1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One case)

11. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION

12. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, May 18, 2022 at 4:00 p.m. DATE

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Proclamation declaring May 1-7, 2022 as Public Service Recognition Week.

Council Meeting Date: 5/4/2022
Prepared by: Pam Kobylarz, Assistant to the Town Manager Recommended Motion: Approve the Proclamation declaring May 1-7, 2022 as Public Service Recognition Week.

PUBLIC SERVICE RECOGNITION WEEK
In honor of the millions of public employees at the federal, state, county, and town levels:

Whereas, Americans are served every single day by public servants at the federal, state, county, and town levels. These unsung heroes do the work that keeps our nation working; and Whereas, public employees take not only jobs, but oaths; and Whereas, many public servants, including military personnel, police officers, firefighters, border patrol officers, embassy employees, health care professionals and others, risk their lives each day in service to the people of the United States and around the world; and
Whereas, public servants include teachers, doctors, scientists, astronauts, nurses, safety inspectors, laborers, computer technicians, social workers, and countless other occupations. Day in and day out they provide the diverse services demanded by the American people of their government with efficiency and integrity; and
Whereas, without these public servants at every level, continuity would be impossible in a democracy that regularly changes its leaders and elected officials; and Whereas, talent is a key differentiator in organizations in today’s world. At the Town of Mammoth Lakes, our talent creates our solutions, our products, and our services. Our talent serves our customers and manages the important work of the organization every day; and Whereas, locally Town Staff provides services to this community, including parks and road maintenance, public safety, planning and permitting, community recreation programs, and many other services that contribute to our vibrant community; and
Whereas, the Town has many volunteers, including the Town Council, Planning and Economic Development Commissioners, Recreation Commissioners, Police Department volunteers, parks and recreation volunteers, and many others whose service to the Town is invaluable.

Therefore the Town Council of the Town of Mammoth Lakes does hereby proclaim to all citizens, that May 1-7, 2022, is Public Service Recognition Week. All citizens are encouraged to recognize the accomplishments and contributions of government employees and volunteers at all levels — federal, state, county, and town.

Proclaimed this 4th day of May, 2022.
_________________________________
Lynda Salcido, Mayor
ATTEST:
_______________________________
Jamie Gray, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Code Compliance Update – Coyotes.

Council Meeting Date: 5/4/2022
Prepared by: Rick Bellis, Code Compliance Officer
Recommended Motion: : Staff presentation only, no action required.

Summary: Mammoth Lakes Police Department’s Code Compliance Officer, Rick Bellis, will present information about coyotes and address recent concerns about local encounters.

Coyote

Brief History
Hunted & Trapped For 200 Years
Approximately 400,000 Killed Annually
RESULT - More coyotes exist today than
in 1800.

Historically - Found in Great Plains
Map from mungfali.com
Current Range -Central America to Arctic

Core Habitat in California
http://naturemappingfoundation.org/ Page 10 of 217
Extremely Adaptable
• Coyotes can live anywhere:
– Deserts
– Swamps
– Tundra
– Grasslands
– Brush
– Forests
– High mountains
– Cities & Suburbs

New Habitats
Chicago Manhattan

Diet
• Livestock & Poultry
• Game & Birds
• Snakes & Rodents
• Foxes
• Doughnuts & Sandwiches
• Fruits & Vegetables
• Frogs
• Grass & Grasshoppers
• Cats & Cat Food
• Dogs & Dog Food
• Carrion
• Garbage

Active Hours
• Active mainly at night
• Most sightings occur at dawn & dusk

Physical Characteristics
• Adults weigh between 20 & 45 Lbs
• Females generally smaller than males
• Western coyotes are generally smaller than
eastern coyotes

Physical Characteristics
• Look like small collie dogs
• Have erect pointed ears
• Slender muzzle
• Bushy tail

Physical Characteristics
• Brownish gray, with a light gray to cream-colored
belly
• Color may vary depending on geographic region and
time of year
• Most have dark or black hairs over their back and tail

Coyote vs. Dog Track

High Reproductive & Growth Rate
• Breeding Season: February
& March
• Gestation Period - 60 days
• Average litter = 4-5 pups
• Born in dens
– any dark, dry place
• Average Lifespan in the
wild is 3 years

Pups
• Cared for by both parents
• At one month - can eat meat and move about well
• Food requirements increase during pup rearing
– This is when conflicts between people & coyotes increase

Pups
• At Six months:
– Have permanent teeth
– Nearly full grown
– Are trained by mother to search for food

Food provided by people…
• Pups quickly learn not to fear people
• Will develop dependency on easy food sources

October and November
• Young disperse and find their own breeding territory
• One or two pups may stay with the parents and
become part of the family group

Travel & Hunt Alone or in Pairs
• May form packs as population densities increase or
where food is abundant
– Packs usually consist of Alpha breeding pair and offspring • Usually hunt alone
• Solitary coyotes can cover an area up to 60 square
miles

Urban/Suburban Areas
• Likely to associate people as easy food
source
• May become bold
• Small dogs & cats are easy prey
– Looking for a meal, not a fight

To Get a Closer Look at Coyotes
• Use binoculars
• Don't put food out to lure them closer
• Most wild animal bites occur when people
attempt to feed them or to treat them like
domestic animals

Keep Wild Animals Wild
• Animals that lose their natural fear of people
are more likely to pose a danger
• The lifespan of such animal is shortened
• All wild animals are unpredictable

Reduce Chances Of Conflicts
• Do not feed coyotes
• Eliminate sources of water
• Bird feeders should be positioned so that
coyotes can't get the feed.
– Attracted by bread, table scraps, and seed. Also
by birds and rodents that come feeders.
• Do not discard edible garbage where coyotes
can get it
• Secure garbage containers

Reduce Chances Of Conflicts
• Feed pets indoors
– Pick up leftovers if feeding outdoors
• Store food where inaccessible
• Trim & clean shrubbery that provides
cover for animals

If Coyotes Frequent The Area
• Don't leave small children unattended
outside
• Don't allow pets to run free
• Walk your dog on a leash and
accompany your pet outside, especially
at night.

Questions?

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Quarterly Presentation by Airport Core Management Team – Spring 2022.

Council Meeting Date: 5/4/2022
Prepared by: Rob Patterson, Administrative Services / Finance Director Sierra Shultz, Deputy Airport Manager
Vince Maniaci, Airport Operations Manager
Recommended Motion: No Action – Presentation only.

Summary: The Mammoth Yosemite Airport Core Management Team will provide a quarterly presentation to Town Council on work process, developmental planning, activities and events at the Airport. The intent of these quarterly presentations is to provide updates to Town Council and the Community on what it takes to operate the Airport. Staff has developed this presentation in a way that will highlight key topics of general understanding as well as seasonal operational needs of the Airport. The goal is a strong mutual understanding, between staff and Town Council, of the operations, funding structures and milestones, and future vision of the Airport.

This first presentation will cover the new leadership structure defined as the Core Management Team, the key partnerships in play at the Airport, FAA funding structures for airports, grant funding opportunities and required thresholds for funding, operational introduction, and air service. Subsequent quarterly presentations will cover a deeper dive into missions of the Airport, including a look forward to changing plans for winter 22/23 (July quarterly presentation); a review of the Airport Layout Plan (ALP) and vision for the future (October quarterly presentation); and winter operations and servicing charter flights (January quarterly presentation). Staff looks forward to providing this update and enhancing the understanding of the importance of this asset to our community.

Mammoth Yosemite Airport
May 4, 2022
Quarterly Airport Presentation
1

Airport Core
Management
Team (ACMT)
Rob Patterson – Finance Director &
Administrative Services
Vince Maniaci – Airport Operations
and Maintenance Manager
Sierra Shultz – Deputy Airport
Manager
2

Presentation Introduction
 Updates and seasonally focused
 Goals of presentations:
 Establish consistent goals and priorities for current staff and Council members  Keep the public and Council informed
 Share visioning for how we evolve our Airport (ALP)
 Engage with Council and connect with community
 Partnerships with Hot Creek Aviation and Advanced Air  Additional participants at future meetings
3

Successful Partnerships
 Aviation Insights – Airport Management Support Consultant  Approved on April 20, 2022, Town Council meeting
 Site Visit May 12th
 Holding monthly meetings with the FAA San Francisco Airports District Office (ADO)  Outreach and involvement with other committees and partners  Hot Creek Aviation
 Advanced Air
4

FAA
 FAA overarching goals are safety and efficiency
 Mammoth Yosemite Airport (MMH) is under the San Francisco ADO  FAA supports our airport by coordinating priorities, programs, and resources. 5  Their focus areas:
 Airport planning and development
 Environmental reviews
 Airport inspections to assure safety
under Part 139
 AIP
 PFC
 Protect Public’s interest and investment
 Protection of airspace
 Safety risk management

Previous and Near Future Funding
6 $0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
2019 2020 2021 2022 2023
Capital Improvement Grants & Contributions
AIP AIG Allocated General Fund Contribution
• AIP = Airport Improvement Program
• AIG Allocated = Allocated Airport Infrastructure Grant Fund * These funds are
intended for Capital
Improvement
Projects

Relief Grants
7 $0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
2019 2020 2021 2022
Covid Relief Grants
Relief funds for Sponsor Matches CARES Act ACRGP ACRGP Concessions ARG • ACRGP = Airport Coronavirus Response Grant Program grant in accordance with Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA) • ARG = Airport Rescue Grant
* These Grants are for
airport operational and
maintenance expenses
only

Future Opportunities
 Revised ACIP submitted to the FAA on March 31, 2022
 Competitive Grant Opportunities
 AIP Discretionary
 AIG Competitive (through BIL)
 Rural Surface Transportation Grant (through USDOT Multimodal Projects Discretionary Grant Program)
 Many of these opportunities will be gone in 4 years
 We need to be competitive and focused
8 2022
Relocate & Upgrade AWOS
2023
ARFF/Snow Removal Equipment
Building
2023
Reconstruct GA and Temporary
Terminal Auto Parking Lot
2024
Wildlife Security Fence
2024
Runway RSA & OFA Grading
2024
Helicopter Parking Apron Phase I
2026
Terminal Building
2026
Rehab Tee-Hangar Taxilanes

Financial Impacts of Enplanements on Allocated Funds
 Enplanement = a ticketed passenger leaving the airport  Staff is tracking funding opportunities and being dynamic in our work program 9 Funding Allocations (NonCompetitive) FY 2023
Estimates based on FY 22 & 23 Allocations
FY 2024 FY 2025 FY 2026
AIP
<10,000 Enplanements $150,000 $150,000 $150,000 $150,000 >10,000 Enplanements $1,000,000 $1,000,000 $1,000,000 $1,000,000 Airport Infrastructure Grant
(AIG) Allocated (through BIL)
<10,000 Enplanements $1,011,184 $295,000 $295,000 $295,000 >10,000 Enplanements $1,011,184 $1,011,184 $1,011,184 $1,011,184 Annual Difference $850,000 $1,566,184 $1,566,184 $1,566,184

Operations
 Introduction to crew
 Additional Partnerships
 FAA
 Caltrans Aeronautics
 Military & Air National Guard
 Local Agencies & Utilities
 Spring prep for summer
10

Advancing Administrative
Processes
 Reevaluating our processes and receiving
recommendations from Consultant
 Improving public education and awareness
 Did you know
 Quarterly presentations
 Website updates
 Improving processes
 New online billing for hangars for automation
and customer convenience
 Discussions for online badging and credit card
payments
 Office remodel improving capabilities of staff
11

Air Service
12  Focus on existing markets – Target 75% Load Factor  Planned expansion
 Primary focus on Southern California –
complimentary to commercial service in Bishop
4 Apr. 2022
Advanced Air Flights Stopped
16 June 2022
Advanced Air Flights Return
12 Sep. 2022
Advanced Air Flights Stop

Conclusion
 Invitation to schedule site visits
 Recurring presentations in July,
October, January, April
 What content is important but missing?
 Questions
13

Town Council of Mammoth Lakes
Minutes of Regular Meeting
April 20, 2022, 3:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser,
Councilmember Kirk Stapp
_____________________________________________________________________

1. CALL TO ORDER
The Mayor called the meeting to order at 3:01 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
John Urdi led the flag salute.

3. PUBLIC COMMENTS
Marla Stark, President and Chair of the JMT Wilderness Conservancy, noted that the Council had sent them letters of support in the past, and said that they were trying to get funding from the State budget surpluses. She outlined the line-item earmark that they were requesting. There was discussion among members of Council and Ms. Stark.

John Guatelli spoke in opposition to the Town's proposed bus turnaround on Woodman and proposed an alternate site.

Town Council Minutes
April 20, 2022

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

5. WORKSHOP

5.1 Town Council Joint Meeting with Mammoth Lakes Tourism to review Strategy and Deliverable draft for FY22/23 Marketing Plan.

Mammoth Lakes Tourism Chair Jeremy Goico, Vice Chair Pat Foster, Treasurer John Morris, and Board Member Bill Sauser were in attendance. Secretary John Mendel and Board Members Eric Clark, Larry Crabb, Deb Radcliff, and Darlene Magner were absence.

Administrative Services/Finance Director Rob Patterson outlined the information in the staff report.

John Urdi, Executive Director of Mammoth Lakes Tourism (MLT), gave a presentation outlining the MLT Strategic Framework for fiscal year 2022-

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

Councilmember Sarah Rea joined the meeting at 3:37 p.m.

MLT Secretary John Mendel arrived at 3:51 p.m.

The Mayor called a recess at 4:31 p.m. and the Council reconvened at 4:42 p.m.

6. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Kim Anaclerio, Mammoth Lakes Recreation (MLR) Program Director, gave an update regarding current MLR activities.

Parks and Recreation Director Stuart Brown gave an update regarding current parks and recreation programs and activities. There was discussion among members of Council and staff.

Engineering Manager Amy Callanan gave an update regarding capital projects planned for the summer. There was discussion among members of Council and staff.

Town Council Minutes
April 20, 2022

7. PUBLIC PRESENTATIONS

7.1 ORMAT presentation on CD-IV Project and integration of the work program with planned and potential recreational uses.

Town Manager Daniel C. Holler outlined the information in the staff report and introduced representatives from Ormat.

Eyal Yosef, Ormat, outlined the current status of the project. There was discussion among members of Council, Mr. Josef, and Scott Nichols, Ormat.

8. CONSENT AGENDA
Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Approve the Consent Agenda.

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

8.1 Approve the minutes of the regular meeting of April 6, 2022.

8.2 Adopt the resolutions calling and giving notice of the holding of a General Municipal Election on Tuesday, November 8, 2022 for the election of three members of the Town Council and requesting that the Mono County Board of Supervisors consolidate the election.

8.3 Accept Payment Approval Report No. 22-41 in the amount of $482,144.89.

8.4 Approve Professional Service Agreement for Airport Management Support Services at Mammoth Yosemite Airport.

8.5 Second Reading of an Ordinance Creating Undergrounding Utility District 2022-01.

8.6 Award contract for the Ballfield Rehabilitation Project to Walker Industries, Inc.

Town Council Minutes
April 20, 2022

9. POLICY MATTERS

9.1 AB 481 Military Equipment Use Policy.

Town Manager Daniel C. Holler and Town Attorney Andrew Morris outlined the information in the staff report. There was discussion among members of Council and staff.

9.2 Ordinance adding Section 15.04.180 to the Town Municipal Code relating to expedited permitting procedures for electric vehicle charging stations as required by Government Code Section 65850.7.

Town Attorney Andrew Morris and Building Official Tom Perry outlined the information in the staff report. There was discussion among members of Council and staff.

Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Waive the first reading and introduce by title only the attached Ordinance which enacts expedited permitting procedures for electric vehicle charging stations and adding Section 15.04.180 to the 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)

9.3 Ordinance of the Town Council of the Town of Mammoth Lakes adding Section 15.04.170 to the Town Municipal Code relating to expedited permitting procedures for small residential rooftop solar systems.

Building Official Tom Perry outlined the information in the staff report.

There was discussion among members of Council and staff.

Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Waive the first reading and introduce by title only the attached Ordinance which enacts expedited permitting procedures for small residential rooftop solar systems and adding Section 15.04.170 to the Municipal Code.

Town Council Minutes
April 20, 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)

9.4 Approve the 2022 – 2024 Information Technology Strategic Plan.

Mono County IT Director Nate Greenberg outlined the information in the staff report. There was discussion among members of Council and staff.

Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Approve the 2022 – 2024 Information Technology Strategic Plan.

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. COUNCILMEMBER REPORTS
Councilmember Sauser attended the Local Transportation Commission meeting, the Mammoth Trails Committee meeting, and the Eastern Sierra Transit Authority meeting.

Mayor Pro Tem Wentworth attended the Eastern Sierra Council of Governments meeting and the Local Transportation Commission meeting.

Councilmember Stapp reported on the Mammoth Lakes Housing (MLH) wait list.

Councilmember Rea attended the new workforce housing committee meeting.

Mayor Salcido listened to the Fire Academy session.

11. CLOSED SESSION

11.1 Pursuant to Government Code Section 54956.8, the Town Council will hold a conference with its representatives in regard to lease negotiations pertaining to:

Property: 100 College Drive and 10 Wagon Wheel Road, Mammoth Lakes, CA 93546.

Town Council Minutes
April 20, 2022

Agency Negotiators: Daniel C. Holler and Rob Patterson
Negotiating Parties: Town of Mammoth Lakes and Luan Mendel, Board Chair, and Betsy Truax, Executive Director, representing the Mammoth Lakes Foundation.

Under Negotiation: Lease price and terms
At 6:37 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.

12. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 7:22 p.m. and announced that there was no reportable action taken.

13. ADJOURNMENT
The Council adjourned the meeting at 7:22 p.m.

Jamie Gray, Town Clerk

Town Council of Mammoth Lakes
Minutes of Special Meeting
April 27, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser,
Councilmember Kirk Stapp
_____________________________________________________________________

1. CALL TO ORDER
The Mayor called the meeting to order at 4:05 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
Betsy Truax led the flag salute.

3. PUBLIC COMMENTS
Town Manager Daniel C. Holler reported that the Town had been working with the Forest Service on the Lakes Basin opening.

4. POLICY MATTERS

4.1 Fiscal Year 22-23 Preliminary Budget (Department Requested).

Administrative Services/Finance Director Rob Patterson gave a presentation regarding the Fiscal Year 2022-23 Preliminary Budget. There was discussion among members of Council and staff.

Town Council Minutes
April 27, 2022

4.2 Preliminary Capital Improvement Program Projects and Budget for Fiscal Year 22-23.

Town Manager Daniel C. Holler, Public Works Director Haislip Hayes, Community and Economic Development Director Sandra Moberly, and Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and staff.

Councilmember Sauser recused himself and left the meeting at 5:00 p.m. due to his ownership of property within 500 feet of The Parcel.

Councilmember Rea recused herself and left the meeting at 5:00 p.m. due to her rental of property within 700 feet of The Parcel.

Councilmembers Rea and Sauser returned to the meeting at 5:14 p.m.

PUBLIC COMMENT:

Ted Carleton, The Sheet, asked about the funding used for the ARFF. Mr.

Patterson responded.

CONSENSUS:

Council agreed with staff's recommendations regarding the Preliminary Capital Improvement Program Budget for Fiscal Year 22-23.

5. ADJOURNMENT
The Council adjourned the meeting at 6:04 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) June 4, 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 4th day of May 2022.
________________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Addendum to EIR for Mammoth Yosemite Airport Terminal Area Development Project.

Council Meeting Date: 5/4/2022
Prepared by: Sierra Shultz, Deputy Airport Manager
Recommended Motion: This is an update for Town Council and a motion is not required. The attached memorandum includes details of the addendum to the Environmental Impact Report for Mammoth Yosemite Airport Terminal Area Development Project Improvements.

Summary: The Town Council certified the Terminal Area Development Project EIR on October 6, 2021. The Terminal Area Development Project area included the proposed Aircraft Rescue & Fire Fighting (ARFF)/Snow Removal Equipment Building project as well. Since the certification of the EIR, staff has furthered the design of the building and identified minor design changes from what was originally included in the EIR. The proposed location will remain the same and the general scope will also remain the same. The specifics of the minor design changes are in the attached memo. As design has progressed, minor design changes were identified for reasons such as turning radius of equipment, Americans with Disabilities Act (ADA) requirements, and specific occupancy requirements. The changes are considered minor under both CEQA and NEPA and do not require further action.

Memorandum
DATE: April 6, 2022
FROM: Town of Mammoth Lakes Community and Economic Development Department
RE: Addendum to Environmental Impact Report for Mammoth Yosemite Airport Terminal Area Development Project Improvements (SCH #2019100384) This memo constitutes an addendum to the Environmental Impact Report for the Mammoth Yosemite Airport Terminal Area Development Project (TADP) Improvements. The Town Council certified the EIR on October 6, 2021. Since certification of the EIR, the Town determined that the Aircraft Rescue and Fire Fighting (ARFF) facility requires minor design changes. Those changes are intended to improve facility efficiency and provide additional space for airport operations. The proposed location of the ARFF facility does not change.

Proposed changes to the EIR’s description of the ARFF are shown in Table 1 below and in the attached Exhibit A:

Table 1: Comparison of Approved vs. Proposed ARFF Descriptions TADP Approved TADP Proposed Revision
ARFF Building: footprint 8,400 sq. ft. ARFF Building: footprint 10,350 sq. ft.

Apron and parking: approximately 3,300
sq.yds.

Apron and parking: approximately 3,900
sq. yds.

Access Road: approximately 800 feet Access Roads: 1,700 feet Leach Field: Not specific to ARFF Leach Field: For ARFF only The modified ARFF facility, apron and parking area, and access road are located within the original approved project area. The access road has been lengthened, but this involves repaving an existing road to serve the ARFF facility. A sanitary leach field was originally proposed near the passenger terminal building; it is now proposed adjacent to the ARFF facility. Based upon a groundwater study, the proposed leach field would be downgradient of two water wells which serve the airport.

CEQA Guidelines Section 15162 states that when an EIR has been certified for a project, no subsequent EIR need be prepared for that project unless the Lead Agency (the Town in this case) determines one of the following:
• Substantial changes in the project or with respect to the circumstances under which the project is undertaken will require major revisions to the EIR due to new or more severe environmental impacts, or
• New information that was not known and could not have been known at the time the EIR was certified indicates new or more severe project environmental impacts.

Memorandum
If neither of the above conditions apply, then an addendum to the certified EIR may be prepared in accordance with CEQA Guidelines Section 15164.

As noted above, the proposed location of the modified ARFF facility has not changed.

Environmental data and analyses presented in the certified EIR remain valid with respect to the modified ARFF, and there are no significant new circumstances or information relevant to environmental concerns or bearing on the proposed ARFF modifications or their potential environmental impacts. All improvements would occur within the existing developed area of the airport; no new undeveloped areas outside the airport would be for the modified ARFF. The proposed ARFF facility footprint and apron were extensively surveyed for environmental sensitivities in the EIR. The lengthened access road would be a reconstruction of an existing, but degraded, asphaltic surface. As noted, the proposed leach field location is downgradient of existing water wells; therefore, groundwater from these wells would not be subject to potential contamination.

Mitigation requirements of the certified EIR pertinent to the proposed ARFF modifications would be the same as for the approved ARFF. Surface disturbance impacts associated with the modified ARFF are the same as those identified in the certified EIR, and the proposed project revision would not require additional mitigation measures. The Town is required to obtain approval from the Mono County Department of Environmental Health for construction of the leach field.

This addendum describes minor technical changes to the certified EIR regarding the ARFF facility. Based upon the information provided above and in Exhibit A, the Town concludes that the proposed ARFF modifications would not involve new or more severe environmental impacts compared to those identified in the certified EIR. Therefore, the analysis and conclusions in the certified EIR remain valid for the proposed ARFF modification, and no subsequent EIR needs to be prepared.

Segmented Se

AIRPORT ROAD
WASTEW

DISPOSAL
ATER

PARKING LOT

PARKING LOT

PREFERRED

PASSENGER

TERMINAL

AIRPORT ROAD

EXTENSION

AIRCRAFT
APRON

DE-ICING
APRON

TAXILANE

TAXILANE

TAXIWAY A
RUNWAY 9-27

ACCESS ROAD

ACCESS ROAD

PROJECT BOUNDARY

PROJECT BOUNDARY
Draft Environmental Impact Report
Terminal Area Development Project
Proposed Project
0 100 200
Feet
Prepared by the Town of Mammoth Lakes, CA

EXHIBIT A

MAMMOTH YOSEMITE AIRPORT
Project Layout From: TOWN OF MAMMOTH LAKES
Mammoth Yosemite Airport Terminal Area Development Plan, January 2017/April 2022 Image Source: Google, Sept. 2019 November 2021
Circle

LOCATION
NORTH
AWOS
Remove
AWOS
Revised April 2022

REVISED AIRPORT RESCUE AND

FIRE FIGHTING STORAGE

FACILITY LAYOUT
April 2022
Leach Field
ARFF Facility and Apron
Revisions shown in RED

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Waive the reading and adopt by title only the ordinance adding Section 15.04.180 to the Town Municipal Code relating to expedited permitting procedures for electric vehicle charging stations as required by Government Code Section 65850.7.

Council Meeting Date: 5/4/2022
Prepared by: Bailey Thompson, Permit Technician/Plans Examiner Tom Perry, Building Official
Recommended Motion: Waive the reading and adopt by title only the attached Ordinance Section

15.04.170 to the Municipal Code relating to expedited permitting procedures for electric vehicle charging stations as required by Government Code Section 65850.7.

Summary: Assembly Bill 1236, which amended Section 65850.7(a)(3) of the California Government Code, provides that it is the policy of the State to promote and encourage the use of electric vehicle charging stations by limiting obstacles to their use. Section 65850.7(g)(1) of the California Government Code requires that, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents must adopt an ordinance that creates an expedited, streamlined permitting process for electric vehicle charging stations. The streamlined permitting process includes the provision that cities cannot require electric vehicle charging stations to go through a discretionary permit process (i.e., administrative permit, use permit, etc.), unless the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, in which case the city may require the applicant to apply for a use permit. Section 65850.7(h) also clarifies that a jurisdiction shall not condition approval of a permit for an electric vehicle charging station based on the approval of an association as defined in California Civil Code, Section 4080.

The ordinance codifies the requirements of Section 65850.7, such as accepting and approving applications electronically, directing the Town’s Building Official to develop a checklist of all requirements, defining the requirements for expedited review, and authorizing the Building Official to administratively approve such applications.

The Town Council considered the proposed Municipal Code amendment at a public meeting on April 20, 2022 and voted 5-0 to waive the first reading and adopt by title only the ordinance adding Section 15.04.180 to the Town Municipal Code relating to expedited permitting procedures for electric vehicle charging stations as required by Government Code Section 65850.7. If the item is approved by the Town Council on May 4, 2022, it will become effective on June 3, 2022.

ORDINANCE NO. 22-___

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
MAMMOTH LAKES, STATE OF CALIFORNIA, ADDING SECTION 15.04.180

PERTAINING TO EXPEDITING PERMITTING PROCESSING FOR

ELECTRIC VEHICLE CHARGING SYSTEMS TO MAMMOTH LAKES

MUNICIPAL CODE
WHEREAS, the State of California and the Town of Mammoth Lakes have consistently promoted and encouraged the use of fuel-efficient electric vehicles; and WHEREAS, the State of California recently adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the Town’s reliance on environmentally damaging fossil fuels; and WHEREAS, Town staff presented this Ordinance to the Board of Appeals/ Building Advisory Committee on February 23, 2022; to the Contractors Association on March 4, 2022; and to the Mammoth Lakes Fire Protection District on March 4, 2022; and WHEREAS, the Town Council held a public meeting on April 20, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of amending the Municipal Code as set forth herein; and

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. Title, Words and Phrases. The Ordinance shall be known as the Town of Mammoth Lakes Electric Vehicle Charging Station Permit Expediting Ordinance. The terms, phrases, and words used in this Ordinance shall be construed in compliance with the definitions set forth by California Government Code Section 65850.7 Section 3. Adoption of Amendments. The Town Council hereby amends the Mammoth Lakes Municipal Code by adding Section 15.04.180, to read in full as follows:

15.04.180 – Electric Vehicle Charging Stations Review Process A. Title and Purpose. The intent of this section is to promote and encourage the use of electric vehicles, in accordance with California Government Code Section 65850.7, by creating an expedited, streamlined permitting process for electric vehicle charging stations, while promoting public health and safety and

preventing specific adverse impacts on the installation and use of such charging stations.

B. Definitions. The following words and phrases as used in this section are defined as follows:

1. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built-in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

2. “Electronic submittal” means a submittal made by email, the Internet, and/or facsimile.

3. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

C. Duties of the Building Official. Consistent with Government Code Section 65850.7, the building official shall:

1. Implement an expedited, streamlined permitting process for electric vehicle charging stations;

2. Adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review, which shall be based on the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California:

Community Readiness Guidebook" of the Governor's Office of Planning and Research;

3. Ensure that the expedited, streamlined permitting process and checklist shall be published on the Town's website.

D. Permit Review and Inspection Requirements.

1. The applicant may submit the permit application and associated documentation to the town’s building division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentation. In accepting such permit applications, the building official shall also accept

electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

2. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impacts to public health and safety and building occupants.

Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. Upon filing the application, the applicant shall pay a permit application fee as established by resolution adopted by the Town Council as amended from time to time.

3. A permit application that satisfies the information requirements in the Town's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meet the requirements of the Town adopted checklist, and is consistent with all applicable laws and health and safety standards, the building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until final inspection and approval of the installation of the station have been granted by the Town. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

4. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this chapter, the Town may require the applicant to apply for a use permit.

E. Electric Vehicle Charging Station Installation Requirements

1. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories, such as Underwriters Laboratories, and rules of the public utilities commission or a municipal electric utility company regarding safety and reliability.

2. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall

meet the requirements of Article 625 of the California Electrical Code and all other applicable provisions of the California Electrical Code.

3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

F. Expedited Review Process. Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California:

Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The Town’s adopted checklist shall be published on the Town’s website.

G. Electronic Submittals. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

H. Association Approval. Consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

I. Permit Application Processing. A permit application that satisfies the information requirements in the Town’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the Town adopted checklist, and is consistent with all applicable laws, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval

is granted by the Town. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

J. Technical Review. It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in Government Code 65850.7, the Town may require the applicant to apply for a use permit.

Section 4. Any provision of the Town of Mammoth Lakes Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this ordinance, or any part thereof; is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

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.

PASSED AND ADOPTED by the Town Council of the Town of Mammoth Lakes this 4 th
day of May 2022.
____________________________________
LYNDA SALCIDO, Mayor
____________________________________
JAMIE GRAY, Town Clerk

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT

BUILDING DIVISION
P.O. Box 1609, Mammoth Lakes, CA 93546
Phone: (760) 965-3630
Fax: (760) 934-7493
Email: [email protected]
www.townofmammothlakes.ca.gov
_______________________________________________________________________________________________________ Electric Vehicle Charging Station Permit
Eligibility Checklist for Expedited Electric Vehicle Charging Station Permit Please complete the following information related to permitting and installation of Electric Vehicle Service Equipment / Charging Stations (EVSE / EVCS) as a supplement to the application for a building permit. This checklist contains the technical aspects of EVSE installations and is intended to help expedite permitting and use for electric vehicle charging.

Upon completion and approval of this checklist, a permit shall be issued to the applicant. However, if it is determined that the installation might have a specific adverse impact on public health or safety, additional verification will be required before a permit can be issued.

This checklist substantially follows the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California:

Community Readiness Guidebook” and is purposed to augment the guidebook’s checklist.

Where electric vehicle charging stations (EVCS) are provided, EVCS shall be provided in accordance with Section 11B-228.3 of the California Building Code to address California accessibility standards.

Job Address: Permit No. [STAFF TO COMPLETE]
☐ Single-Family ☐ Multi-Family (Apartment) ☐ Multi-Family (Condominium) ☐ Commercial (Single Business) ☐ Commercial (Multi-Businesses) ☐ Mixed-Use ☐ Public Right-of-Way
Location and Number of EVSE to be Installed:

Garage ______ Parking Level(s) _____ Parking Lot _____ Street Curb ____ Description of Work:

Applicant Name:

Applicant Phone & email:

Contractor Name: License Number & Type:

Contractor Phone & email:

Owner Name:

Owner Phone & email:

EVSE Charging Level: ☐ Level 1 (120V) ☐ Level 2 (240V) ☐ Level 3 (480V) Maximum Rating (Nameplate) of EV Service Equipment = ___________ kW Voltage EVSE = ______ V Manufacturer of EVSE: ___________________________ Mounting of EVSE: ☐ Wall Mount ☐ Pole Pedestal Mount ☐ Other _____________ System Voltage:
☐ 120/240V, 1ϕ, 3W ☐ 120/208V, 3ϕ, 4W ☐ 120/240V, 3ϕ, 4W ☐ 277/480V, 3ϕ, 4W ☐ Other ________________
Rating of Existing Main Electrical Service Equipment = __________ Amperes Rating of Panel Supplying EVSE (if not directly from Main Service) = ________ Amps Rating of Circuit for EVSE: __________ Amps / __________ Poles AIC Rating of EVSE Circuit Breaker (if not Single Family, 400A) = __________ A.I.C. (or verify with Inspector in field)

Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:
(Provide Demand Load Reading from Electric Utility)
Total Load (Existing plus EVSE Load) = __________ Amps
For Single Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single-Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California:

Community Readiness Guidebook” https://www.opr.ca.gov
EVSE Rating __________ Amps x 1.25 = __________ Amps = Minimum Ampacity of EVSE Conductor = # __________ AWG
For Single-Family: Size of Existing Service Conductors = # __________ AWG or kcmil or: Size of Existing Feeder Conductor
Supplying EVSE Panel = # __________ AWG or kcmil
(or Verify with Inspector in field)
I hereby acknowledge that the information presented is a true and correct representation of existing conditions at the job site and that any causes for concern as to life-safety verifications may require further substantiation of information.

Signature of Permit Applicant: ____________________ Date: _______________

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Waive the reading and adopt by title only the ordinance adding Section

15.04.170 to the Town Municipal Code relating to expedited permitting procedures for small residential rooftop solar systems.

Council Meeting Date: 5/4/2022
Prepared by: Bailey Thompson, Permit Technician/Plans Examiner Tom Perry, Building Official
Recommended Motion: Waive the reading and adopt by title only the attached Ordinance which enacts expedited permitting procedures for small residential rooftop solar systems and adding Section 15.04.170 to the Municipal Code.

Summary: The ordinance codifies the requirements of Section 65850.5(g)(1), such as accepting and approving applications electronically, directing the Town’s Building Official to develop a checklist of all requirements, defining the requirements for expedited review, and authorizing the Building Official to administratively approve such applications. Depending on the complexity of the project, the application may or may not be subject to plan check review.

The Town Council considered the proposed Municipal Code amendment at a public meeting on April 20, 2022 and voted 5-0 to waive the first reading and adopt by title only the ordinance enacting expedited permitting procedures for small rooftop solar systems and adding Section

15.04.170 to the Municipal Code. If the item is approved by the Town Council on May 4, 2022, it will become effective on June 3, 2022.

ORDINANCE NO. 22-___

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
MAMMOTH LAKES, STATE OF CALIFORNIA, ADDING SECTION 15.04.170

PERTAINING TO PERMITTING PROCEDURES FOR SMALL RESIDENTIAL

ROOFTOP SOLAR SYSTEMS TO MAMMOTH LAKES MUNICIPAL CODE
WHEREAS, Section 65850.5(a) of the California Government Code provides that it is the policy of the State to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems; and
WHEREAS, Section 65850.5(g) of the California Government Code requires every city and county in California to adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems; WHEREAS, Town staff presented this Ordinance to the Board of Appeals/ Building Advisory Committee on February 23, 2022; to the Contractors Association on March 4, 2022; and to the Mammoth Lakes Fire Protection District on March 4, 2022; WHEREAS, the Town held a public meeting on April 20, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of amending the Municipal Code as set forth herein; and

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. Adoption of Amendments. The Town Council hereby amends the Mammoth Lakes Municipal Code by adding Section 15.04.170, to read in full as follows:

15.04.170 - Small Residential Rooftop Solar Energy System Review Process A. The intent of this section is to comply with the requirements of Government Code Section 65850.5 regarding the establishment of an expedited permitting process for small residential rooftop solar energy systems.

B. The following words and phrases as used in this section are defined as follows:
“Electronic submittal” means a submittal made by email, the Internet, and/or facsimile.
“Small residential rooftop solar energy system” means a system that meets all of the following criteria:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the Town, and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction. “Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

C. The Town’s building official is hereby authorized and directed to develop, adopt, and maintain a checklist of the requirements with which a small residential rooftop solar energy system project must comply in order to be entitled to expedited processing. The checklist shall be published on the Town’s website.

D. The applicant may submit the permit application and associated documentation to the Town’s building division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

E. Prior to submitting an application, the applicant shall:

1. Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

F. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Town’s building official and a representative of the Mammoth Lakes Fire Protection District. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection.

G. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

H. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to a utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this ordinance, or any part thereof; is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 4. 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.

PASSED AND ADOPTED by the Town Council of the Town of Mammoth Lakes this 4 th
day of May 2022.
____________________________________
LYNDA SALCIDO, Mayor
____________________________________
JAMIE GRAY, Town Clerk

CHECKLIST FOR EXPEDITED PROCESSING OF SMALL

RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM PERMITS

GENERAL REQUIREMENTS
A. System size is 10 kW AC CEC rating or less. Y N
B. The solar array is roof-mounted on one- or two-family dwelling or accessory structure. Y N C. The solar panel/module arrays will not exceed the maximum legal building height. Y N D. Solar system is utility interactive and without battery storage. Y N E. Permit application is completed and attached. Y N

ELECTRICAL REQUIREMENTS
No more than four photovoltaic module strings are connected to each Maximum PowerPoint Tracking (MPPT) input where source circuit fusing is included in the inverter. Y N 1) No more than two strings per MPPT input where source circuit fusing is not included. Y N 2) Fuses (if needed) are rated to the series fuse rating of the PV module. Y N 3) No more than one noninverter-integrated DC combiner is utilized per inverter. Y N A. For central inverter systems: No more than two inverters are utilized. Y N B. The PV system is interconnected to a single-phase AC service panel of nominal 120/220 Vac with a bus bar rating of 225 A or less. Y N
C. The PV system is connected to the load side of the utility distribution equipment. Y N D. A Solar PV Standard Plan and supporting documentation is completed and attached. Y N

STRUCTURAL REQUIREMENTS
A. A completed Structural Criteria and supporting documentation is attached. Y N B. The roof has a single roof covering without a roof overlay. Y N

FIRE SAFETY REQUIREMENTS
A. Clear access pathways provided. Y N
B. Fire classification solar system is provided. Y N
C. All required markings and labels are provided showing location of each and the verbiage. Y N D. A diagram of the roof layout of all panels, modules, clear access pathways and approximate Y N locations of electrical disconnecting means and roof access points is completed and attached.

AGREEMENT
As the responsible contractor or authorized agent for the project I understand that I am responsible for the accuracy of all information provided in this application. I also understand that revisions to this project will result in a revised application and plan review submitted to the building division which may not be eligible for expedited solar permit issuance.

Contractor/Authorized Agent Name: _________________________________________ (Please Print) Contractor/Authorized Agent Signature: _____________________________________Date:__________ NOTES and OTHER INFORMATION:

1. Size of existing service main:  200 amp  125 amp  100 amp  other ____________

2. Will the service main be upgraded and / or replaced? Yes  No 

3. Size of new service main:  200 amp  125 amp  100 amp  other _______________ Additional Notes:
 These criteria are intended for an expedited solar permitting process pursuant to MLMC Section 15.04.170 and Government Code Section 65850.5.
 If any items are checked NO, revise design to fit within the eligibility checklist, otherwise the permit application may go through the Town’s standard process.
0

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Resolution authorizing the sale of Town owned housing units to further the implementation of housing programs in the Town of Mammoth Lakes and other related matters.

Council Meeting Date: 5/4/2022
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Adopt Resolution authorizing sale of Town owned housing units to further the implementation of housing programs and authorizing the Town Manager to execute required documents.

Summary: Under the Town’s Housing Now! initiative the Town has acquired market rate housing units and are selling them as deed restricted units to income qualified households. The Town Council has taken previous action authorizing the Town Manager to execute documents and take other steps to implement Town housing programs (Resolution 22-08) and to execute certificates of acceptance of interests in real property (Resolution 12-67). As part of a current sale the title company is asking for a Resolution from the Town specifically authorizing the transaction. The Town owns three units in the Meridian Court complex. The attached resolution identifies each unit and provides authorization of the transactions required for the sale of the units and for the execution of documents.

RESOLUTION NO. 22 – ___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH

LAKES, STATE OF CALIFORNIA, AUTHORIZING THE SALE OF SPECIFIED

TOWN OWNED HOUSING UNITS AND FOR THE TOWN MANAGER TO EXECUTE

DOCUMENTS AND TAKE OTHER STEPS TO COMPLETE THE SALE

TRANSACITONS TO FURTHER IMPLEMENT HOUSING PROGRAMS IN THE

TOWN OF MAMMOTH LAKES TO ENHANCE THE PROVISION OF AVAILABLE

AND AFFORDABLE COMMUNITY HOUSING
WHEREAS, the Town Council’s strategic priorities adopted on May 19, 2021 include a priority to “Expand availability and affordability of Community Housing”; and WHEREAS, the Town Council has authorized funding for the implementation of several housing policy directives and programs, under the Town’s “Housing Now!” initiative; and WHEREAS, implementation of Town housing programs includes the dedication of Town resources to provide a range of community housing that is affordable to the community; and WHEREAS, to effectively implement the Town’s “Housing Now!” program, the Town has set aside resources to provide a range of community housing that is affordable to the community including community housing opportunities for moderate income households; and WHEREAS, reliance on state and federal programs does not provide adequate funding for local housing and generally does not provide funding to assist moderate income households or above who still cannot afford housing in the Town of Mammoth Lakes; and WHEREAS, the Town has opportunities to work in partnership with private property owners to further the availability of workforce housing by purchasing market rate housing units and selling them as deed-restricted units to low- and moderate-income or above households; and WHEREAS, the purchase and sale of housing units by the Town requires the execution of real estate documents and use of licensed professionals to secure information necessary to implement the Town’s housing programs and initiatives to expand availability and affordability of community housing through the purchase of property, existing housing units, and the sale of housing units; and
WHEREAS, the Town has purchased three condo units in the Meridian Court Complex located at 550 Mono Street, Mammoth Lakes, CA 93546 and intends to sell these units to income-qualified households; and
WHEREAS, Section 2.08.060 (L) of the Mammoth Lakes Municipal Code authorizes the Town Manager “. . .to sign documents specified in Section 40602 of the Government Code of the state whenever such documents have been approved by the town council for execution by resolution, motion, minute order or other appropriate action”; and

Resolution No. 22 -

WHEREAS, Government Code Section 40602 refers to “all warrants drawn on the city treasurer”, “all written contracts and conveyances made or entered into by the [Town]”, and “all instruments requiring the [Town] seal”.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of Mammoth Lakes as follows:

Section 1. The Town has adopted Resolution 22-08 authorizing the Town Manager to sign on behalf of the Town of Mammoth Lakes such agreements and other documents as are required in connection with the purchase and sale of housing units to implement the housing programs, policies, and directives approved by the Town Council, to the extent that funds have been budgeted for such purposes. All such sales are deemed to be “for the common benefit” for purposes of Government Code Section 37350.

Section 2. The Town Manager is authorized to negotiate and execute the sale of the Town-owned housing units listed in Exhibit A, as may be updated from time to time by resolution of the Town Council. The Town Manager is authorized to negotiate sales prices and to approve the use of Town funds restricted or allocated to assist with down payment assistance to meet requirements of the sale of units to income-qualified buyers, to secure appropriate deed restrictions, secure loans subordinate to the primary loan for down payment assistance, and to take other actions required to secure the sale of deed restricted affordable housing units in the Town of Mammoth Lakes. Sale transactions for the specified units are hereby approved.

Section 3. The purchase and sale of deed-restricted housing units meets the public purpose and policy of the Town Council to expand availability and affordability of community housing in the Town of Mammoth Lakes.

Section 4. The Town Manager is hereby directed to provide periodic updates to the Town Council regarding housing units purchased or sold as authorized hereunder.

APPROVED AND ADOPTED THIS 4th day of May 2022.
________________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Resolution No. 22 -

Exhibit A
Housing units owned by the Town of Mammoth Lakes to be sold to further the Town’s program to provide affordable home ownership to qualified households include the following units:
550 Mono Street, Unit C-201 (1-br unit) – APN 033-165-008-000 Purchased March 2022
550 Mono Street, Unit F-203 (1-br unit) – APN 033-165-017-000 Purchased December 2021
550 Mono Street, Unit G-101 (3-br unit) – APN 033-165-018-000 Purchased November 2019

Mammoth Lakes Town Council
Agenda Action Sheet
Title: 2022 Youth Sports Funding Recommendations.

Council Meeting Date: 5/4/2022
Prepared by: Stuart Brown, Parks and Recreation Director Katrina Kelly, Recreation Manager
Recommended Motion: Award the Youth Sports Funding recommendations as presented under Column A in Table 1 and allocate each Youth Sports Organization two (2) full scholarships, funded by the Tony Colasardo Scholarship Fund, to be awarded at the discretion of each organization.

Summary: The Town of Mammoth Lakes annually awards funds to supplement organized, nonprofit, and self-sustaining youth sports programs that may be in need of additional funding to provide enhanced programing or to foster greater participation from low-income residents.

The sum of $36,800 is identified in the FY2021/22 Parks and Recreation budget for allocation to the 2022 Youth Sports Funding Program. This sum includes $8,000 of funds from Mono County in support of county-wide youth sports programs.

On April 12, 2022, the Recreation Commission unanimously approved by motion the funding recommendations as presented in Table 1, and in detail in Attachment A.

Attachments:

A. Staff Report
B. 2022 Youth Sports Funding Presentation

MAMMOTH LAKES TOWN COUNCIL

STAFF REPORT
1 Council Meeting Date: May 4, 2022 Date Prepared: April 21, 2022 Prepared by: Katrina Kelly, Recreation Manager
Stuart Brown, Parks and Recreation Director
Title: Approve the 2022 Youth Sports Funding Recommendations Agenda: Discussion item
RECOMMENDATION:

Staff is requesting Town Council: Award the Youth Sports Funding recommendations as listed under Column A in Table 1 and allocate each Youth Sports Organization two (2) full scholarships, funded by the Tony Colasardo Scholarship Fund, to be awarded at the discretion of each organization.

BACKGROUND
The Town of Mammoth Lakes annually awards funds to supplement organized, non-profit, and self-sustaining youth sports programs that may be in need of additional funding to provide enhanced programing or to foster greater participation from low-income residents.

The sum of $36,800 is identified in the FY2021/22 Parks and Recreation budget for allocation to the 2022 Youth Sports Funding Program. This sum includes $8,000 of funds from Mono County in support of county-wide youth sports programs.

ANALYSIS/DISCUSSION
The application period for the 2022 award opened on Monday, February 28 and closed on Friday, March 25. The Spring Youth Sports Funding Workshop was held ‘virtually’ on Tuesday, March

22. A Fall Youth Sports Funding Workshop is planned for October 2022.

A total of nine Youth Sports Funding applications were filed and received by the Parks and Recreation Department. Staff has reviewed each application and confirmed their eligibility for funding; however, staff would like to make the Commission aware that the application from Mammoth Club Volleyball was submitted after the closing deadline. All organizations have a nonprofit status. A summary of 2022 funding applications can be viewed in Table 1 and in detail in Attachment A. Complete funding applications are posted for public review on the dedicated Youth Sports Funding page: https://www.townofmammothlakes.ca.gov/1108/2022-YSF-Applications.

On April 12, 2022, the Recreation Commission unanimously approved by motion the funding recommendations as presented in Table 1, and in detail in Attachment A.

2 Tony Colasardo Scholarship Fund
The Tony Colasardo Scholarship Fund provides full and partial scholarships for recreation programs provided, and supported, by the Mammoth Lakes Parks and Recreation Department. It is the intent of staff to allocate each Youth Sports Organization two (2) full scholarships, funded by the Tony Colasardo Scholarship Fund, to be awarded at the discretion of each organization. The purpose is to further promote youth participation and inclusivity throughout Mono County. 2022 Funding Applications
The 2022 Youth Sports Funding organization request for funds and the Staff recommended allocations are highlighted below in Table 1. Historical funding requests and allocations can also be viewed in Attachment A.

Table 1:
2022 Youth Sports Funding Recommendations
$36,800 Funding Level
Organization 2022
Recommendation
2022
Request
2021
Award
2021
Request
AYSO - Mammoth Lakes 316 $11,825.00 $13,000.00 $11,825.00 $13,000.00 Disabled Sports Eastern Sierra $1,000.00 $1,500.00 $1,000.00 $1,200.00 Eastern Sierra Nordic Ski
Association $2,950.00 $5,000.00 $2,950.00 $4,000.00
Mammoth Club Volleyball $2,000.00 $2,500.00 $2,000.00 $2,000.00 Mammoth Lakes Swim Team $4,900.00 $6,000.00 $4,900.00 $5,000.00 Mammoth Lakes Youth
Hockey $2,225.00 $6,500.00 $2,225.00 $5,000.00
Mammoth Track Club $1,000.00 $2,000.00 $1,000.00 $2,000.00 Mono County Little League $4,900.00 $7,000.00 $4,900.00 $6,000.00 MUSD Husky Club $6,000.00 $6,000.00 $6,000.00 $6,000.00 TOTAL $36,800.00 $49,500.00 $36,800.00 $44,200.00
STAFFING CONSIDERATION:

The administration of the Youth Sports Funding Program is incorporated in the existing staff workplan.

FINANCIAL CONSIDERATIONS:

The sum of $36,800 is identified in the FY2021/22 Parks and Recreation Department budget for allocation to the 2022 Youth Sports Funding Program. This sum includes $8,000 of funds from Mono County in support of county-wide youth sports programs. Funding requests continually exceed available funding, and for the past 10 years youth sports funding has not seen an increase to meet the escalating cost of operating these community-centric and value driven non-profit youth

3 sports organizations. Staff is proposing an increase of available youth sports funding from $36,800 to $45,000 for FY2022/23. This amount includes $35,000 from the Town of Mammoth Lakes (additional $6,200 or 21% increase), and $10,000 from Mono County. Staff have made a request to Supervisor Corless for the additional $2,000 (25% increase) in funding in support of countywide youth sports programs.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL CONSIDERATIONS:

None.

4 ATTACHMENT A:
$36,800 Funding Level
Organization
2022
Recommendations 2022 Request 2021 Award 2021 Request 2020 Award 2021 Participants
2020
Participants
Request per
Participant
% Total
Participants
AYSO - Mammoth Lakes 316 $11,825.00 $13,000.00 $11,825.00 $13,000.00 - 305 450 $28.89 27.04% Disabled Sports Eastern Sierra $1,000.00 $1,500.00 $1,000.00 $1,200.00 $950.00 20 17 $88.24 1.77% Eastern Sierra Nordic Ski Association $2,950.00 $5,000.00 $2,950.00 $4,000.00 $2,850.00 128 131 $38.17 11.35%Mammoth Club Volleyball $2,000.00 $2,500.00 $2,000.00 $2,000.00 - 60 57 $43.86 5.32% Mammoth Lakes Swim Team $4,900.00 $6,000.00 $4,900.00 $5,000.00 - 100 60 $100.00 8.87%Mammoth Lakes Youth Hockey $2,225.00 $6,500.00 $2,225.00 $5,000.00 $2,137.50 76 48 $135.42 6.74% Mammoth Track Club $1,000.00 $2,000.00 $1,000.00 $2,000.00 - 106 78 $25.64 9.40%Mono County Little League $4,900.00 $7,000.00 $4,900.00 $6,000.00 - 236 210 $33.33 20.92% MUSD Husky Club $6,000.00 $6,000.00 $6,000.00 $6,000.00 - 97 130 $46.15 8.60%TOTAL $36,800.00 $49,500.00 $36,800.00 $44,200.00 $5,937.50 1128 1181 100.00% 2022 Youth Sports Funding Recommendations

1 Town Council, May 4, 2022 Page 125 of 217
Background
2 The Town of Mammoth Lakes annually awards funds to
supplement organized, non-profit, and self-sustaining youth sports programs that may be in need of additional funding to provide enhanced programing or to foster greater participation from low-income residents.

The sum of $36,800 is identified in the FY2021/22 Parks and Recreation budget for allocation to the 2022 Youth Sports Funding Program.

For the past 6 years, Mono County has provided $8,000 in funding to be used solely for programs that benefit youth throughout the county

3 YSF Organizations
Mammoth Club Volleyball
• 60 participants
• Awarded 8 scholarships
• Funds used to scholarship players
• Do not currently use Town facilities
• https://mammothclubvolleyball.com/
Eastern Sierra Nordic Ski Association
• 128 participants
• Awarded 5 scholarships
• Funds used to update and expand summer and fall dryland training equipment (roller skis and poles and high visibility shirts) and to provide partial athlete grant to defray expenses for five athletes who qualified for US Junior National Championships.
• Utilize Shady Rest Park, Whitmore Track and Measure R equipment • https://esnsa.org/

4 YSF Organizations
Mammoth Lakes Swim Team
• 100 participants
• Funds used to subsidize discounted Youth Season Swim Passes ($53), travel expenses for coaches, equipment for swimmers and end of season awards. • Utilize Whitmore Pool from mid-May to Mid-August.
• https://www.teamunify.com/team/pcmlst/page/home
Mono County Little League
• 236 participants
• 12 scholarships
• Funds used to purchase equipment, uniforms, COVID compliance material, helmets for each player and extra catcher’s gear.
• Utilize Shady Rest Park and Whitmore Recreation Area
• https://mcll.teampages.com/

5 YSF Organizations
Mammoth AYSO
• 305 participants
• 10 scholarships (down due to COVID)
• Funds were spent on field equipment, uniforms, volunteer training, discounted registration/scholarships for those who couldn't afford full registration, volunteer background screening, and tournament registration.
• Utilize Shady Rest Park and Whitmore Recreation Area
• https://www.ayso316.org/
Disabled Sports Eastern Sierra
• 20 participants
• Funds were spent to support 4 local students who hit the slopes for a total of 54 lessons. Discounted lesson costs are $105 per lesson.
• Approximately 40% of lessons are fully or partially scholarshipped • https://disabledsportseasternsierra.org/

6 YSF Organizations
Mammoth Track Club
• 106 participants
• Funds were spent on assistant coaches (MTC Elite Athletes), snacks for the kids during practice and promotional materials sent to all three Mammoth Schools. • Utilize Whitmore Track and Sports Field
• https://www.mammothtrackclub.com/
Mammoth Husky Club
• 97 participants
• The largest amount of the funds pay for transportation to the Whitmore Pool and various locations for hiking. The rest of the funds went to purchase new team sports equipment: soccer nets and balls, tether ball, baseball bats and balls, volleyball net and balls, and footballs.
• Utilize Mammoth Creek Park, Trails End Park, Shady Rest Park and the Whitmore Pool each Friday.

7 YSF Organizations
Mammoth Lakes Youth Hockey
• 76 participants
• 7 scholarships
• Funds were spent on new mite nets for 8U tournaments, new learn to skate (6U) program, reimbursements for coaches who travel from Bishop, and new gear and equipment to help offset the costs to parents.
• Program utilizes the Mammoth Ice Rink
• https://mammothlakesyouthhockey.com/

Application Details
8 • The application period opened on February 28 and closed on March 25, 2022.
• A total of nine (9) Youth Sports Funding applications were filed and received by the Parks and Recreation Department.
• Complete funding applications are posted for public review on the dedicated Youth Sports Funding page:
https://www.townofmammothlakes.ca.gov/1108/2022-YSFApplications. • On April 12, 2022 the Recreation Commission unanimously approved by motion the funding recommendations as
presented in Column A.

Tony Colasardo Scholarship
Fund
9 The Tony Colasardo Scholarship Fund provides full and partial scholarships for recreation programs provided, and supported, by the Mammoth Lakes Parks and Recreation Department.
• It is the intent of staff to allocate each Youth Sports Organization two (2) full scholarships, funded by the Tony Colasardo Scholarship Fund, to be awarded at the discretion of each organization.
• The purpose is to further promote youth participation and inclusivity throughout Mono County.

Financial Recommendation
10 • Funding requests continually exceed available funding, and for the past 10 years youth sports funding has not seen an increase to meet the escalating cost of operating these communitycentric and value driven non-profit youth sports organizations. • Staff is proposing an increase of available youth sports funding from $36,800 to $45,000 for FY2022/23.
• This amount includes $35,000 from the Town of Mammoth Lakes (additional $6,200 or 21%), and $10,000 (25% increase) from Mono County.

Funding Recommendations
11 Organization
2022
Recommendation
2022
Request
2021
Award
2021
Request
Mammoth AYSO $11,825.00 $13,000.00 $11,825.00 $13,000.00 Disabled Sports Eastern Sierra $1,000.00 $1,500.00 $1,000.00 $1,200.00 Eastern Sierra Nordic Ski
Association
$2,950.00 $5,000.00 $2,950.00 $4,000.00
Mammoth Club Volleyball $2,000.00 $2,500.00 $2,000.00 $2,000.00 Mammoth Lakes Swim Team $4,900.00 $6,000.00 $4,900.00 $5,000.00 Mammoth Lakes Youth Hockey $2,225.00 $6,500.00 $2,225.00 $5,000.00 Mammoth Track Club $1,000.00 $2,000.00 $1,000.00 $2,000.00 Mono County Little League $4,900.00 $7,000.00 $4,900.00 $6,000.00 MUSD Husky Club $6,000.00 $6,000.00 $6,000.00 $6,000.00 TOTAL $36,800.00 $49,500.00 $36,800.00 $44,200.00
Column ‘A’

Staff Recommendation
12 • Approve the 2022 Youth Sports Organizations Funding Recommendations as listed under Column ‘A’ in the Staff Report, and allocate each Youth Sports Organization two (2) full scholarships, funded by the Tony Colasardo Scholarship Fund, to be awarded at the discretion of each organization.

13

Mammoth Lakes Town Council
Agenda Action Sheet
Title: CDBG Funding Update for the Mammoth Lakes Housing 238 Sierra Manor Road project and consideration of the subrecipient agreement with Mammoth Lakes Housing to administer the CDBG award should it be awarded.

Council Meeting Date: 5/4/2022
Prepared by: Nolan Bobroff, Senior Planner / Housing Coordinator Patricia Roberson, Executive Director, Mammoth Lakes Housing, Inc Recommended Motion: Adopt the resolutions approving the re-submittal of the Community Development Block Grant (CDBG) application for the Mammoth Lakes Housing 238 Sierra Manor Road project under the 2021 State CDBG Program and authorizing the subrecipient agreement with Mammoth Lakes Housing to administer the CDBG award should it be awarded.

Summary: In September 2020, the Town applied for $3,000,701 in funding under the 2020 CDBG Notice of Funding Availability (NOFA) for Mammoth Lakes Housing’s (MLH) 238 Sierra Manor Road project, which involves the conversion of two existing commercial buildings into (11) affordable apartment units that will be available to households earning 80% or below of the AMI. The application was submitted under the 2020 CDBG Over-the-Counter (OTC) grant application process, which was supposed to be a straightforward, non-competitive grant process; however, due to the OTC program being oversubscribed under the 2020 NOFA, the project was waitlisted pending additional funding. At the time the application was submitted, the total cost for the project was estimated to be $6.1M. Funding sources included the $3M in CDBG funds, $1.4M in HOME funds (award committed in March 2022), $300K from the Town, $800K owner/MLH capital contribution previously invested, $600K from Kern Regional Center, $150K Whole Person Grant from Mono County, $60K in operating reserves from IMACA, private donations, and a permanent loan secured by MLH.

Due to the delays in securing the CDBG and HOME grants, which comprise the majority of the project funding, anticipated project costs rose substantially over the past two years thereby increasing the project costs by approximately 40% to $8.6M. To address this rise in project costs, the Town committed an additional $1.2M towards the project (total of $1.5M committed by the Town) and MLH was able to secure additional HOME grant funds through a HUD COVID waiver, which increased the total HOME award to $3.3M; however, a funding gap remained due to the lack of funding for the CDBG OTC waitlisted projects.

The State was able to procure additional funding for the CDBG OTC waitlisted projects under the 2021 CDBG NOFA and sent the Town a conditional award letter on April 14, 2022, outlining additional items the State needed to award the grant. Those items include an updated resolution referencing the 2021 CDBG NOFA and an executed subrecipient agreement with MLH to administer the grant. Those items are included in the two attached resolutions. The CDBG grant amount did not change from what was previously requested (i.e., $3,000,701); however, the resolution states ‘not to exceed $3,500,000’ to allow for flexibility in the event that the project costs change, and the Town needs to request additional funding from the State.

With the CDBG funding commitment, the project is now fully funded and MLH intends to move forward with construction.

Attachments
Attachment 1 – Resolution approving the application submittal Attachment 2 – Resolution authorizing the subrecipient agreement

RESOLUTION NO. 2022-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA,

APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION

OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM
THE 2020-2021 FUNDING YEAR OF THE STATE CDBG PROGRAM
BE IT RESOLVED by the Town Council of the Town of Mammoth Lakes as follows:

SECTION 1:

The Town Council has reviewed and hereby approves the submission to the State of California (“State”) of one or more application(s) in the aggregate amount, not to exceed, of $3,500,000 for the following CDBG activities pursuant to the January 2021 CDBG NOFA:

List of Activities and Amounts
Multi-Family Rental Rehabilitation without Acquisition – Not to exceed $3,500,000 SECTION 2:

The Town Council hereby approves the use of Program Income in an amount of $0 for the CDBG activities described in Section 1 above.

SECTION 3:

The Town Council acknowledges compliance with all state and federal public participation requirements in the development of its application(s).

SECTION 4:

The Town Council hereby authorizes and directs the Town Manager to execute and deliver all applications and act on the Town’s behalf in all matters pertaining to all such applications.

SECTION 5:

If an application is approved, the Town Manager is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of this grant.

SECTION 6:

If an application is approved, the Town Manager is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.

Resolution No. 22-__

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Mammoth Lakes held on May 4, 2022 by the following vote:

AYES: __________ NOES: __________
ABSENT: __________ ABSTAIN: __________
___________________________________
LYNDA SALCIDO, Mayor
Town Council

STATE OF CALIFORNIA
Town of Mammoth Lakes
I, Jamie Gray, Town Clerk of the Town of Mammoth Lakes, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said Town Council on this 4
th day of May, 2022.

Jamie Gray
Town Clerk of the Town of Mammoth Lakes,
State of California
BY: ____________________________________
Jamie Gray, Town Clerk

RESOLUTION NO. 2022-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA, AUTHORIZING THE
SUBRECIPIENT AGREEMENT WITH MAMMOTH LAKES HOUSING, INC.

FOR THE ADMINISTRATION OF THE TOWN’S CDBG GRANT

FOR THE MLH MULTI-FAMILY HOUSING REHABILITATION PROJECT LOCATED AT 238 SIERRA MANOR ROAD
WHEREAS, the California Department of Housing and Community Development (HCD) released the Community Development Block Grant (CDBG) 2020 Notice of Funding Availability (NOFA) on January 20, 2020 which established the eligible activities and program requirements for the State’s 2019-2020 funding year of the State CDBG program (“2020 NOFA”); and
WHEREAS, the Town Council conducted noticed public hearings on August 5, 2020, and August 19, 2020 in accordance with the CDBG Citizen Participation process as specified in federal regulations at 24 CFR 570.486 to provide an opportunity for the public to provide comments on the proposed activities to be included in the application prior to the submittal to the State; and
WHEREAS, following the two public hearings, the Town Council authorized the submittal of a CDBG Over-the-Counter (OTC) grant application for up to $3,500,000 for the Mammoth Lakes Housing, Inc. (MLH) Multi-Family Housing Rehabilitation project located at 238 Sierra Manor Road; and
WHEREAS, the Town submitted a CDBG OTC grant application for the MLH MultiFamily Housing Rehabilitation project on September 30, 2020; and WHEREAS, due to the CDBG OTC program being over-subscribed for the 2020 NOFA, the project was waitlisted pending additional CDBG funding; and WHEREAS, HCD was able to procure additional funding for the previously waitlisted projects through the 2021 CDBG Notice of Funding Availability (NOFA) released on January 29, 2021 (“2021 NOFA”); and
WHEREAS, the Town received a conditional award letter from HCD on April 14, 2022 that committed funds from the 2021 NOFA and outlined additional items needed to complete the application and award the grant, one of which was an executed Subrecipient Agreement; and WHEREAS, the Town desires to contract with MLH as a subrecipient to administer the grant for the MLH Multi-Family Housing Rehabilitation project as provided in the subrecipient agreement attached hereto as Exhibit “A”.

Resolution No. 22-__

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Mammoth Lakes, California:

1. Authorizes the subrecipient agreement with Mammoth Lakes Housing, Inc. for the administration of the 2021 CDBG grant funds in substantially the form approved by the Town Council and which allocates $210,003 of the general administration funds for Mammoth Lakes Housing, Inc. for MLH staff and labor consultant costs and $15,000 of the general administration funds for Town staff and related costs (Exhibit “A”).

APPROVED AND ADOPTED THIS 4
th day of May 2022.
___________________________________
Lynda Salcido, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Resolution No. 22-__

Exhibit “A”
Subrecipient Agreement with Mammoth Lakes Housing, Inc.

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SUBRECIPIENT AGREEMENT
AGREEMENT BETWEEN Town of Mammoth Lakes
AND
Mammoth Lakes Housing, Inc.

FOR
21-CDBG-_________
THIS AGREEMENT, entered this _____ day of ____________, 2022 by and between the Town of Mammoth Lakes (herein called the “Grantee”) and Mammoth Lakes Housing, Inc. (herein called the “Subrecipient”).

WHEREAS, the Grantee has applied for and received funds from the State of California, Department of Housing and Community Development, State Community Development Block Grant Program (“the Department”) originating from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds for its Community Development Block Grant (CDBG) Grant 21-CDBG-_________, Access Apartments Housing Rehabilitation project (the “Grant”).

NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering the Grant in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:

Program Delivery
Activity #1 Housing Rehabilitation – The Grantee will loan the Grant funds to the Subrecipient to rehabilitate the existing commercial property owned by the Subrecipient and located at 238 Sierra Manor Road into eleven onebedroom apartments.

Subrecipient shall ensure that all necessary tasks related to the delivery of the activity and specified in the Grantee’s Standard Agreement Detailed Scope of Work (Exhibit E, Section IV) and Budget Report are completed and adhered to.

General Administration
Subrecipient will also conduct all administrative duties in conjunction with this activity, such as, labor compliance reporting and oversight. Additionally, Subrecipient will provide overall general coordination of program reporting to CDBG, fiscal reporting, and general coordination on the Grant.

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B. National Objectives
All activities funded with CDGB funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208.

The Subrecipient certifies that the activities carried out under this Agreement will meet the National Objective to benefit low- and moderate-income persons. The National Objective will be met because CDBG program funds will be used in the Town of Mammoth Lakes to rehabilitate two structures to provide income-restricted apartments to low-income households. Each household will be income certified to verify that they meet the lowincome requirements and earn less than 80% of the Area Median Income for Mono County.

The Grantee and/or the Subrecipient will market the program to the targeted groups:
families, workforce, and single adults.

C. Levels of Accomplishment – Goals and Performance Measures The levels of accomplishment may include such measures as units rehabbed, persons or households assisted and should also include time frames for performance.

The Subrecipient agrees to provide the following levels of program services:

Activity Units per Month Total Units/Year
Activity #1 will vary 11
D. Staffing
Executive Director
Grant & Financial Associate
Housing Navigator
Rural West Intern
E. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.

II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the effective date of the Grantee’s Standard Agreement for the Grant and end on the date specified in the Grantee’s Standard Agreement for the Grant. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income.

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III. BUDGET
Item Amount
Multi-Family Housing Rehabilitation $2,318,486
Rehabilitation Activity Delivery $472,212
General Administration $210,003 ($15,000 reserved for Grantee) TOTAL $3,000,701
Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(2) of this Agreement. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient.

IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee to the Subrecipient under this Agreement shall not exceed $2,985,701. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance.

Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR Part 84.21.

V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Communication and details concerning this contract shall be directed to the following contract representatives:

Grantee Subrecipient
Daniel C. Holler, Town Manager Patricia Robertson, Executive Director Town of Mammoth Lakes Mammoth Lakes Housing, Inc.
437 Old Mammoth Road 587 Old Mammoth Road #4
P.O. Box 1609 P.O. Box 260
Mammoth Lakes, CA 93546 Mammoth Lakes, CA 93546
P: (760) 965-3600 P: (760) 934-4740
F: (760) 934-7493 F: (760) 934-4724
VI. SPECIAL CONDITIONS
None.

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VII. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract.

The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

B. “Independent Contractor”
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor.

C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement.

D. Workers’ Compensation
The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

E. Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.

The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR

84.31 and 84.48, Bonding and Insurance.

F. Grantee Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.

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G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement.

The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient.

H. Suspension or Termination
In accordance with 24 CFR Part 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:

1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;

2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;

3. Ineffective or improper use of funds provided under this Agreement; or

4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect.

In accordance with 24 CFR Part 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.

VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management

1. Accounting Standards
The Subrecipient agrees to comply with 24 CFR Part 84.2128 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

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2. Cost Principles
The Subrecipient shall administer its program in conformance with 2 CFR Part 200 subpart E, “Cost Principles for Non-Profit Organizations” (formerly OMB Circular A-122), as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

B. Documentation and Record Keeping

1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f) Financial records as required by 24 CFR 570.502, and 24 CFR 84.2128; and
g) Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.

3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request.

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4. Disclosure
The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities with respect to services provided under this contract, is prohibited by various federal, state, and county laws, regulations, and ordinances unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Closeouts
The Subrecipient’s obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income.

6. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and 2 CFR Part 200.500 (formerly OMB Circular A-133).

C. Reporting and Payment Procedures

1. Program Income
The Subrecipient shall report semi-annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. A copy of each report shall be provided by the Subrecipient to the Grantee no later than January 30th and July 31st. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. Program Income

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reports completed outside of the term of this agreement will be billed on an hourly basis.

2. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient’s share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee.

3. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. Payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient.

4. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee.

5. State CDBG Report(s)
The Subrecipient shall submit any required status reports to the State. A copy of each report shall be provided by the Subrecipient to the Grantee in a timely fashion.

D. Procurement

1. Compliance
The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement.

2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR Part 200.318.

3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the Town’s municipal boundary with funds provided under this Agreement.

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E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following:

1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.

2. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement . If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period .

3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment].

IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING

REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences.

X. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights

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1. Compliance
The Subrecipient agrees to comply with local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.

2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable nondiscrimination provisions in Section 109 of the HCDA are still applicable.

3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.

4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. The 504 Coordinator is designated as Patricia Robertson, Executive Director, Mammoth Lakes Housing, Inc.

B. Affirmative Action

1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program, including marketing, in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient

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shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.

2. Women- and Minority-Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, AsianAmericans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

3. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.

4. Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. Additional State of California Requirements regarding the State Equal Opportunity provisions are contained in Attachment A.

6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors.

C. Employment Restrictions

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1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.

The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.

3. “Section 3” Clause
a) Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.

The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement:

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“The work to be performed under this Agreement is a
project assisted under a program providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701).

Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to
low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic
opportunities for low- and very low-income persons
residing in the metropolitan area in which the project is located.”
The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to lowand very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs.

The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b) Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c) Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

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D. Conduct

1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval.

Notice of any such assignment or transfer shall be furnished promptly to the Grantee.

2. Subcontracts
a) Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b) Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c) Content: The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
d) Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process.

3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following:
a) The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b) No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

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c) No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.

5. Lobbying
The Subrecipient hereby certifies that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
c) It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
d) Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

6. Copyright
If this contract results in any copyrightable material or inventions, the Grantee

Resolution No. 22-__

and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.

7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.

XI. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
 Clean Air Act, 42 U.S.C. , 7401, et seq.;
 Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; and
 Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.

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

C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.

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D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.

In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.

E. NEPA Compliance
The Subrecipient shall prepare the required National Environmental Policy Act (NEPA) documentation consistent with 42 USC 4321-4347 and the implementing regulations at 24 CFR Parts 50 and 58. The Subrecipient shall provide the required NEPA documentation to the State and the original documentation to the Grantee.

XII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

XIII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

XIV. WAIVER
The Grantee’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

XV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement.

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IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.

Town of Mammoth Lakes (Grantee) Mammoth Lakes Housing, Inc. (Subrecipient) By By
Daniel C. Holler, Town Manager Patricia Robertson, Executive Director Attest

TOWN CLERK
Countersigned: By

FINANCE OFFICER
Title
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

Fed. I.D.

TOWN ATTORNEY

AFFIRMATIVE ACTION APPROVAL

CONTRACT COMPLIANCE SUPERVISOR/

TOWN CLERK

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Consider drafting a letter in response to the nomination of Camp High Sierra for inclusion into the California Register of Historical Resources.

Council Meeting Date: 5/4/2022
Prepared by: Sandra Moberly, Community and Economic Development Director Recommended Motion: Staff recommends that the Town Council authorize the Mayor to finalize and submit a letter regarding the nomination of Camp High Sierra for inclusion into the California Register of Historical Resources.

Summary: The Town received a letter from the Mono Lake Kutzadikaa Tribe (“Tribe”) describing that the Tribe is in the process of nominating Camp High Sierra for inclusion into the California Register of Historical Resources. The letter notes that the site is of extreme importance to the tribe due to the fact that it is within their homeland and remains one of the few cultural sites left within the developed areas of Mammoth Lakes. The site includes five large granite boulders with several mortars holes and grinding slicks on their surface.

Camp High Sierra is currently owned by the City of Los Angeles Parks and Recreation Department and leased to Mammoth Mountain Ski Area (MMSA). MMSA is planning future improvements to this site including a new chairlift, ski runs, teaching terrain, and improvements to the buildings on the site. The location of the granite boulders are generally in the area where the ski run would be located and are not intended to be disturbed as a part of future development contemplated by MMSA.

The Tribe is requesting a comment from the Town Council that will be provided to the Office of Historic Preservation (OHP). This is the first step in the process to achieving inclusion into the California Register of Historical Places. Once the comment period is completed, the Tribe will be able to submit a formal application to OHP which will allow the OHP to conduct a hearing before the State Historical Resources Commission (“Commission”). The OHP will conduct a hearing process and, at least 60 days prior to the hearing date, the OHP will notify the applicant, owner(s), local government, interested parties, and the general public of the hearing date and location.

Following the Commission’s hearing and decision, notification letters will be sent within 45 days to the applicant, owner(s), and local government informing all parties of the Commission’s decision. Staff will provide the Council with an update on this project when notification letters are received from the Commission.

1 TOWN COUNCIL STAFF REPORT
Title: Adopt the emergency ordinance amending Municipal Code Chapter 8.14.

Meeting Date: May 4, 2022
Prepared by: Pam Kobylarz, Assistant to the Town Manager Andy Morris, Town Attorney
RECOMMENDATION:

Waive the reading and adopt the emergency ordinance amending Municipal Code Chapter

8.14. BACKGROUND:

In September 2016, the State set methane emission reduction targets for California in Senate Bill 1383, intended as a statewide effort to reduce emissions of short-lived climate pollutants (like organic waste) in various sectors of California’s economy. SB 1383 establishes statewide targets to reduce the amount of organic waste disposed of in landfills (50% reduction by 2020 and 75% by 2025). It also sets a goal to rescue at least 20% of currently disposed edible food by 2025 and redirect that food to people in need. These new regulations took effect in January 2022.

In December 2021, the Town Council adopted a policy and ordinance that brought the Town into compliance with SB 1383. Town staff recently became aware of additional requirements regarding edible food recovery that we are subject to, which were not addressed in the previous ordinance.

ANALYSIS:

The Town is subject to an Elevation Waiver and Rural Exemption, which exempt us from many of the requirements of SB 1383. Other requirements have been previously addressed by making changes to Municipal Code Chapters 8.13 and 3.20, as well as adopting the Sustainable Practices Procurement Policy. However, the Town was recently notified by CalRecycle that we are also subject to edible food recovery requirements that were not addressed in those previous documents.

Starting in 2022, some food service businesses must donate edible food to food recovery organizations. This will help feed the almost 1 in 4 Californians without enough to eat.

California has a 2025 goal to redirect to people in need 20% of edible food currently thrown away.

The new requirements are intended to divert edible food that would otherwise be disposed of to food recovery organizations. Locally, Vons and Grocery Outlet would be subject to these requirements and the local food recovery organization is primarily the Inyo Mono

2 Advocates for Community Action (IMACA) food bank. CalRecycle also requires that the ordinance include provisions for compliance inspections, a complaint process, and enforcement.

The attached update to the Town’s Recycling Ordinance (Municipal Code Chapter 8.14) includes the following changes that will bring us into compliance with SB 1383:
 A number of new definitions have been included, which relate to edible food recovery.
 Sections 8.14.100 - 8.14.130 have been added to the chapter, which include all of the requirements the Town is subject to.
 A number of other cleanup items have been included in this chapter that are unrelated to SB 1383. These edits clean up the Code and make it consistent with current requirements and internal practices.

LEGAL CONSIDERATIONS:

The Town is required to comply with SB 1383.

Attachments:

Draft ordinance

ORDINANCE NO. 22-XX

AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTER 8.14 – SOLID WASTE RECYCLING
WHEREAS, the Town of Mammoth Lakes, California (“Town”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Assembly Bill (“AB”) 939 of 1989, also known as the California Integrated Waste Management Act of 1989, requires the Town to reduce, reuse, and recycle (including composting), solid waste generated in the Town to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, AB 1826 of 2014 requires businesses, including multi-family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, and requires the Town to implement a mandatory commercial organics recycling program to divert organic waste from such businesses; and
WHEREAS, AB 827 of 2019, with respect to certain businesses that offer products for immediate consumption, imposes requirements for on-site recycling and organic waste containers, including that these containers be placed adjacent to trash containers, be visible, easily accessible, and clearly marked; and
WHEREAS, Senate Bill (“SB”) 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (“CalRecycle”) to develop regulations to reduce organics in landfills as a source of methane. These regulations, adopted in 2020 (“SB 1383 Regulations”), place requirements on multiple entities including the Town; single-family residential households; commercial businesses, including multifamily property owners with five or more dwelling units; commercial edible food generators; haulers, including self-haulers; food recovery organizations; and food recovery services to support achievement of statewide organic waste disposal reduction targets; and WHEREAS, the SB 1383 Regulations require the Town to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations not later than January 1, 2022; and
WHEREAS, the Town Council previously adopted an ordinance in December 2021 to implement portions of the SB 1383 Regulations, but finalizing the remainder of the ordinance updates has required extensive dialogue with CalRecycle staff to ensure consistency with the SB 1383 Regulations and the Town’s eligibility for certain types of state grant funding; and WHEREAS, Government Code Sections 36934 and 36937 allow the Town Council to adopt an ordinance immediately upon introduction and with immediate effect, if the ordinance is

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for “the immediate preservation of...public...health or safety, containing a declaration of the facts constituting the urgency”, with a four-fifths vote of the Town Council; and WHEREAS, implementation of the SB 1383 requirements as soon as possible is urgently necessary in order to protect public health and safety; and WHEREAS, the urgency of taking such steps is reinforced by the statutory requirement in SB 1383 to implement such measures by January 1, 2022; and WHEREAS, this Ordinance implements the requirements of the SB 1383 Regulations.

NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, State of California, does ordain as follows:

Section 1: Municipal Code Chapter 8.14, Solid Waste Recycling, is hereby amended and restated to read as set forth in Exhibit A attached hereto and incorporated herein.

Section 2: EFFECTIVE DATE OF ORDINANCE
This Ordinance shall become effective and enforceable on May 4, 2022, pursuant to Government Code Sections 36934 and 36937.

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.

The foregoing Ordinance was PASSED, APPROVED, AND ADOPTED on the 4 th day of May
2022, by not less than a four-fifths vote.
_________________________________
LYNDA SALCIDO, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk

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EXHIBIT A
Chapter 8.14 - SOLID WASTE RECYCLING

8.14.010 – Title.

This chapter shall be known as the Town of Mammoth Lakes Recycling Ordinance.

8.14.020 – Purpose.

It is the intent and purpose of this chapter to require recycling to enable the Town of Mammoth Lakes to comply with State of California waste diversion requirements and to work toward enhancing the Town’s ability to meet future State policy goals for waste diversion rates.

This chapter meets this purpose by requiring businesses and multi-family housing complexes to make efforts to separate recyclable materials from all other solid waste and by implementing State laws concerning recycling of waste generated at large events and large venues.

8.14.030 – Definitions.

Whenever in this chapter the words defined in this section are used, they shall, unless the context requires otherwise, be deemed to have the following meanings:
“Alternative recycler” means a firm, partnership, corporation or other entity, other than a Franchisee, with which a customer contracts for the removal from the customer’s premises of specified recyclable materials generated by the customer and which pays the customer for the recyclable materials, or which accepts donations of recyclable materials from customers; in no case shall an alternative recycler charge or collect any fee or charge from a customer for the collection or processing of recyclables.
“Approved recycling container” means a recycling cart or other wheeled container, frontload bin, or other container provided by a Franchisee or an alternative recycler or approved by the Town for the collection and removal of recyclable materials. “Business” means any commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, property complex containing two or more commercial entities, industrial facility, special district or a federal, local, or regional agency or facility. In addition, to the extent that applicable law allows the Town to regulate the disposal of waste by schools, school districts, and state agencies, such organizations shall be considered businesses for the purpose of this chapter.
“Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and

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Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
“Commercial solid waste” means all types of Solid Wastes generated by commercial, industrial, governmental, Multi-Family Units, and other non-residential sources, which have been placed in an authorized solid waste container used for the temporary storage of solid waste awaiting pickup. The term “Commercial Solid Waste” does not include Hazardous Wastes, Medical Wastes, and Special Wastes.
“Covered generator” means an entity that is subject to the Town’s commercial recycling program requirements and includes:

Any business as defined in this chapter that generates two cubic yards or more of commercial solid waste per week; and
Any multi-family residential property as defined in this chapter. “Customer” means:

A “residential customer” is a residential property owner or occupant; or A “commercial customer” is a business or multi-family residential property owner or generator that contracts for recyclable material removal services with a Franchisee or alternative recycler. Where several businesses or multi-family residential properties share waste containers or service, “customer” refers only to the party that enters into a contract for removal services.
“Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded.

Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
“Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
“Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the

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public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

A food bank as defined in Section 113783 of the Health and Safety Code; A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
“Franchisee” means a firm, partnership, corporation, or other entity authorized under and by virtue of a contract with the Town to collect recyclable materials within the Town limits. “Generator” means each residential property owner or occupant, business, or multifamily residential property that generates recyclable materials as a result of its activities. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
“Industrial waste” means all solid wastes and semi-solid wastes that result from industrial processes and manufacturing operations except for Hazardous Wastes or Special Wastes.

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“Inspection” means a site visit where the Town reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
“Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
“Multi-family residential property” means five or more residential dwelling units (as described by Title 14 Section 18836(a)(2) of the California Code of Regulations) located on a single parcel of land, including any mobile home park, located within the Town. “Recyclables” or “Recyclable Material” means used residential or business materials which may be returned to the economic mainstream as commodities for reuse, or for reprocessing to create new or reconstituted products, which, if not segregated from Solid Waste, would otherwise become Solid Waste consistent with the requirements of State law. These materials include but are not limited to glass, metal, paper, cardboard, plastic, or other materials which have been segregated from garbage and rubbish for the purpose of depositing at a designated Collection location, including a curbside location, for Collection and transportation to Recycling or Transfer Station facilities.
“Recycling” or “Recycle” means the recovery, repurposing, reuse, transformation, or other diversion of Recyclable Material from Landfilling in such a manner that the Town receives Diversion credit for such materials and activities from CalRecycle. “Recycling center” means an operation, including a place, mobile unit, reverse vending machine, or other device, which is certified by the State of California, and which accepts from consumers, and pays or provides the refund value for, empty beverage containers intended to be recycled.
“Self-hauling” means a covered generator transporting its own recyclable materials rather than contracting with a Franchisee or an alternative recycler for that service. “Self-hauling exemption form” means the form on which a covered generator certifies that it is exempt from the requirements of the commercial recycling program as set forth in Section 8.14.050, it is using an alternative recycler, or it will be self-hauling and its activities will be completed in accordance with the provisions of this chapter and any other applicable law or regulation.
“Source separating” or “source separation” means the process of removing recyclable materials from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for recyclable materials. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or

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nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

Supermarket.

Grocery Store with a total facility size equal to or greater than 10,000 square feet.

Food Service Provider.

Food Distributor.

Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

Hotel with an on-site Food Facility and 200 or more rooms.

Health facility with an on-site Food Facility and 100 or more beds.

Large Event.

A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
“Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189882(a)(76).

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8.14.040 – General provisions.

A. Ownership of Recyclable Material. Recyclable material placed at the curbside or other location for collection by a Franchisee is the property of the customer until such time as it is collected for disposal, at which time it becomes the property of the Franchisee.

B. Recyclable Material Collection and Service.

1. No person other than a Franchisee or an alternative recycler shall remove recyclable materials which have been placed in an approved recycling container at the curbside or on the customer’s premises. Any and each violation thereof from one or more recycling collection locations shall constitute a separate and distinct offense punishable as provided in this chapter.

2. Subject to the limitations contained in Section 8.14.060, the Town Council may require all residents or any class of residents to obtain recyclable collection service from one or more Franchisees. The Town Council may make such election by resolution or in any solid waste collection agreement entered by the Town and subject to such terms and conditions as the Town Council may prescribe.

C. Destroying, scattering, scavenging, or collecting recyclable material without the consent of the owner is prohibited. It is unlawful for any person to burn, break, destroy, scatter, scavenge, collect, contaminate, or take any recyclable materials without the consent of the owner of the recyclable materials.

D. Approved Recycling Containers—Ownership and Unauthorized Removal. It is unlawful for a person other than:

1. The customer or his/her designee; or

2. The Town; or

3. An authorized agent of the Town; or

4. The Franchisee or alternative recycler to remove any approved recycling container from the customer’s premises or curbside.

E. Right of Individual to Dispose of Recyclable Material. Nothing in this chapter shall modify, limit, or abrogate in any manner the right of any individual person, organization, or any other entity to donate, sell, exchange at fair market value or otherwise dispose of recyclable material, provided that any such disposal is in accordance with the provisions of this chapter.

F. Placement of Recycling Containers. No recycling containers or bins within the Town shall be placed or located in such a manner that blocks or impedes vehicular or pedestrian traffic, falls within the designated visibility triangles (site distance), or obstructs egress

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from any building or property, whether or not such building or property may be abandoned or otherwise not in use.

G. Source Separation of Recyclable Material. All residents and covered generators in the Town shall make reasonable efforts to remove from the general waste stream by source separation any material designated by the Town and/or a Franchisee as recyclable material.

H. Contamination of Recyclable Material.

1. Recycling containers provided by the Franchisee or the alternative recycler may not contain ten percent or more of non-recyclable materials (contaminants). Any customer who violates this requirement may be charged at the solid waste disposal rate for the disposal of that container. Any customer whose recyclable material was not collected because it contained contaminants is responsible for properly separating recyclable materials from the non-recyclable materials for collection and proper recycling.

2. It shall be unlawful for a Franchisee or alternative recycler to combine materials in solid waste bins or carts with materials in recycling bins or carts in one collection vehicle.

I. Civil Action by Franchisee or Alternative Recycler. Nothing in this chapter shall be deemed to limit the right of a Franchisee and/or an alternative recycler, to bring a civil action against any person who violates the above-described sections of the chapter, nor shall a conviction for such violation exempt any person from a civil action brought by a Franchisee.

8.14.050 – Commercial recycling program—Requirements for covered generators.

A. Each covered generator shall be responsible for ensuring and demonstrating compliance with the following requirements:

1. Source separation of recyclable materials from the solid waste they are discarding;

2. Providing for a basic level of recycling service that includes, at a minimum, the collection of recyclable materials; and

3. Entering into a service agreement with a Franchisee for the collection of recyclable materials; or completing a self-hauling/exemption form.

B. Each covered generator shall provide containers for designated recyclable materials in common areas where recyclable materials may be collected.

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C. Each covered generator shall ensure that designated recyclable materials generated at its site will be taken only to a recycling center, and not to a landfill for disposal, by complying with all the requirements of this chapter.

D. Each covered generator shall prominently post and maintain one or more signs where designated recyclable materials are collected that set forth what materials are required to be source separated, in addition to collection procedures for such materials.

E. No covered generator shall be liable for the failure of a Franchisee or alternative recycler to deliver designated recyclable materials to a recycling center.

8.14.060 – Exemptions to requirements for covered generators.

A. Notwithstanding the requirements of this chapter or any other provision herein, a business with less than two cubic yards of waste per week or a residential property that is not a multi-family residential property as defined in this chapter shall not be subject to the requirements of Section 8.14.050.

B. Any covered generator seeking to be exempted from the commercial recycling program requirements of Section 8.14.050, intending to conduct self-hauling of recyclable materials, or intending to contract with an alternative recycler instead of a Franchisee must complete a self-hauling/exemption form. The Town Council may adopt a fee in conjunction with the self-hauling permit to cover associated review and state reporting costs. See Section 8.14.070 for self-hauling and self-hauling/exemption form requirements. The application for exemption shall be submitted to the Town Manager or designee.

C. A covered generator may be exempted by the Town Manager or designee if it demonstrates that there is no collection service or other system available within a reasonable area for recycling the waste material generated. If the Town Manager or designee determines that such a collection service or other system is available within a reasonable area, they may deny the exemption request, and the covered generator will be responsible for compliance with this chapter.

D. A covered generator may be exempted by the Town Manager or designee if it is determined through a site visit requested by the covered generator:

1. That there is not adequate storage space for approved recycling containers for recyclable materials on site and that it is infeasible for the covered generator to share approved recycling containers for designated recyclable materials with another covered generator on an adjoining property; or

2. That compliance with this chapter results in a violation of the Town’s zoning code, including Town zoning regulations for minimum parking spaces. If the public works director, and/or his or her designee, determines that it is feasible for recycling

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containers to be placed on site or shared with an adjoining generator, the covered generator will be responsible for compliance with this chapter.

E. A covered generator may be exempted if utilizing other recycling efforts that achieve the same diversion objectives as required by this section, as approved by the Town Manager or designee.

8.14.070 – Self-hauling exemption requirements for covered generators.

A. A covered generator may transport the recyclable materials generated and collected at its premises by self-hauling to a recycling center, rather than using a Franchisee or alternative recycler only if an owner, generator, or employee of the covered generator completes this activity by utilizing a vehicle owned by either an employee or the entity.

B. A covered generator that transports recyclable materials generated and collected at its premises to a recycling center without the utilization of a Franchisee or alternative recycler must complete a self-hauling/exemption form that certifies that all self-hauling activities will be completed in accordance with the provisions of all applicable laws and/or regulations.

C. Approval requirements for self-hauling may include, but are not limited to, requiring applicants to maintain written records demonstrating that all self-hauling activities have been completed in accordance with the standards imposed by the Town’s commercial recycling program, as described in this chapter. These records shall be made available to the Town Manager or designee for review upon request.

D. The Town Manager or designee may restrict or prohibit self-hauling by a covered generator if they determine that the person’s self-hauling activities violate the provisions of this chapter or any other applicable law or regulation.

8.14.080 – Self-hauling exemption application – appeal upon denial.

A. Within thirty days of written notification of denial of a self-hauling/exemption application, or within sixty days of the Town Manager’s failure to act on the application, the applicant has the right to meet with the Town Manager and/or their designee to review the items cited in the written notice and provide any additional evidence to support approval. The applicant shall have the burden of proof to show facts demonstrating that the applicant does, in fact, meet the requirements of this chapter.

Within fifteen days of such meeting, the Town Manager and/or their designee will make a final, written determination of the application based on the review of additional evidence, together with the original application. The Town Manager or their designee will send a copy of all final, written determinations, including reasons for denial, if any, to the applicant.

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B. If an applicant wishes to appeal a denial made by the Town Manager, the appeal process in Chapter 2.04 shall be followed.

8.14.090 – Large event and large venue recycling.

A. This section is intended to implement the requirements of California Public Resources Code Section 42648 et seq.

B. When issuing a permit to the operator of a venue or event which will serve or be attended by an average of more than two thousand individuals for each day of operation (including both workers and guests or customers), the Town or its Franchisee shall provide information to the operator on programs that can be implemented to reduce, reuse, and recycle solid waste materials generated at the venue or event. Each such venue or event shall submit a plan to the Town demonstrating that at least seventy-five percent of the solid waste generated by the venue or event shall be diverted from landfills through reuse or recycling. The Town may refuse to issue a permit for any event that fails to submit such a plan and may require a deposit in the amount of five hundred dollars prior to issuing a permit for such a venue or event to secure compliance with the diversion requirement set forth herein.

C. The Town may require each operator of a venue or event described in paragraph B above to submit, within thirty days following the end of the event, written documentation of waste reduction, reuse, recycling, and diversion programs implemented at the venue or event, and the type and weight of materials diverted and disposed at that venue or event.

If the venue or event operator has failed to implement such programs or has failed to divert from landfills at least seventy-five percent of the solid waste generated at the venue or event, the operator shall include an explanation for failure as part of its report to the Town. The venue or event operator shall submit the requested information to the Town no later than one month from the end date of the event. The Town shall refund the deposit described in paragraph B above for any venue or event which has achieved the diversion goal set forth herein and may retain the deposit provided for any venue or event which has failed to achieve the diversion goal.

D. The Town may, by resolution adopted by the Town Council, impose a fee on the operator of any venue or event described in paragraph B above to recover the Town’s costs incurred in complying with its obligations under state law regarding recycling at such venues and events.

8.14.100 – Commercial Edible Food Recovery – Requirements for Commercial Edible Food Generators.

A. Tier One Commercial Edible Food Generators shall comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large Event operators not providing food services, but allowing for food to be provided

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by others, shall require Food Facilities operating at the Large Event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow the Town’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

6. Nothing in this ordinance shall be construed to limit or conflict with the protections

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provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Section 49580 et seq of the Education Code and/or Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.

8.14.110 – Commercial Edible Food Recovery – Requirements for Food Recovery Organizations and Services.

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Town and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Town the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they

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have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 30 of the following calendar year.

D. Food Recovery Capacity Planning. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the Town, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the Town shall provide information and consultation to the Town, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Town and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Town shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the Town.

8.14.120 – Commercial Edible Food Recovery – Compliance Inspections.

The Town or its agent may enter a commercial premises or common areas of a multi-family property of five or more units to conduct a compliance inspection of any collection container or collection vehicle load, and may enter a transfer, processing, or disposal facility to conduct a compliance inspection. Compliance inspections may be performed without prior notice during normal business hours. Such inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.

8.14.130 – Commercial Edible Food Recovery – Complaints.

The Town shall receive written complaints from persons regarding an entity that may be potentially non-compliant with the requirements of this chapter and applicable law, including receipt of anonymous complaints.

8.14.140 – Enforcement.

A. Authority. The Town Manager or designee is authorized to administer and enforce the provisions of this chapter. To the extent permitted by law, the Town Manager or designee may inspect any collection container, collection vehicle load, or receiving facility for collected trash or recyclable materials.

B. Remedies. It is unlawful to violate any provision or requirement of this chapter. The failure to comply with any requirement of this chapter constitutes a violation of this chapter. Each instance of a violation of this chapter is a separate offense. All violations of any portion of this chapter are declared to be misdemeanors or infractions, pursuant to Municipal Code Section 1.12.010.

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C. Remedies Cumulative. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

D. Strict Liability. Violations of this chapter shall be treated as strict liability offenses regardless of intent.

Chapter 8.14 - SOLID WASTE RECYCLING

8.14.010 – Title.

This chapter shall be known as the Town of Mammoth Lakes Recycling Ordinance.

8.14.020 8.14.010 – Purpose.

It is the intent and purpose of this chapter to require recycling to enable the Town of Mammoth Lakes to comply with State of California waste diversion requirements and to work toward enhancing the townTown’s ability to meet future state State policy goals for waste diversion rates. This chapter meets this purpose by requiring businesses and multi-family housing complexes to make efforts to separate recyclable materials from all other solid waste and by implementing state State laws concerning recycling of waste generated at large events and large venues.

8.14.030 8.14.020 – Definitions.

Whenever in this chapter the words defined in this section are used, they shall, unless the context requires otherwise, be deemed to have the following meanings:
“Alternative recycler” means a firm, partnership, corporation or other entity, other than an authorized contractora Franchisee, with which a customer contracts for the removal from the customer’s premises of specified recyclable materials generated by the customer and which pays the customer for the recyclable materials, or which accepts donations of recyclable materials from customers; in no case shall an alternative recycler charge or collect any fee or charge from a customer for the collection or processing of recyclables. “Approved recycling container” means a recycling cart or other wheeled container, frontload bin, or other container provided by an authorized contractora Franchisee or an alternative recycler or approved by the townTown for the collection and removal of recyclable materials. “Authorized contractor” means a firm, partnership, corporation or other entity authorized under and by virtue of a contract with the town to collect recyclable materials within the town limits.
“Business” means any commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, property complex containing two or more commercial entities, industrial facility, special district or a federal, local, or regional agency or facility. In addition, to the extent that applicable law allows the townTown to regulate the disposal of waste by schools, school districts, and state agencies, such organizations shall be considered businesses for the purpose of this chapter.
“Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this chapter or as otherwise defined in 14 CCR Section

18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
“Commercial solid waste” means all types of Solid Wastes generated by commercial, industrial, governmental, Multi-Family Units, and other non-residential sources, which have been placed in an authorized solid waste container used for the temporary storage of solid waste awaiting pickup. The term “Commercial Solid Waste” does not include Hazardous Wastes, Medical Wastes, and Special Wastesall types of solid waste, including recyclable materials, that are discarded from businesses (as defined) but does not include industrial waste. “Covered generator” means an entity that is subject to the townTown’s commercial recycling program requirements and includes:

A. Any business as defined in this chapter that generates four two cubic yards or more of commercial solid waste per week; and
B. Any multi-family residential property as defined in this chapter. “Customer” means:

A. A “residential customer” is a residential property owner or occupant; or A “commercial customer” is a business or multi-family residential property owner or generator that contracts for recyclable material removal services with an authorized contractora Franchisee or alternative recycler. Where several businesses or multi-family residential properties share waste containers or service, “customer” refers only to the party that enters into a contract for removal services. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded.

Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
“Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
“Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

“Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

A food bank as defined in Section 113783 of the Health and Safety Code; A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
“Franchisee” means a firm, partnership, corporation or other entity authorized under and by virtue of a contract with the Town to collect recyclable materials within the Town limits. “Generator” means each residential property owner or occupant, business, or multifamily residential property that generates recyclable materials as a result of its activities. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

“Industrial waste” means the all solid wastes and semi-solid wastes that result from industrial processes and manufacturing operations . except for Hazardous Wastes or Special Wastes.
“Inspection” means a site visit where the Town reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
“Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
“Multi-family residential property” means five or more residential dwelling units (as described by Title 14 Section 18836(a)(2) of the California Code of Regulations) located on a single parcel of land, including any mobile home park, located within the townTown. “Recyclable material” means material such as, but not limited to, newspapers, glass, metal and aluminum cans, plastic bottles, corrugated cardboard and used motor oil which is separated from other waste or refuse for the purpose of recycling. “Recyclables” or “Recyclable Material” means used residential or business materials which may be returned to the economic mainstream as commodities for reuse, or for reprocessing to create new or reconstituted products, which, if not segregated from Solid Waste, would otherwise become Solid Waste consistent with the requirements of State law. These materials include but are not limited to glass, metal, paper, cardboard, plastic or other materials which have been segregated from garbage and rubbish for the purpose of depositing at a designated Collection location, including a curbside location, for Collection and transportation to Recycling or Transfer Station facilities. “Recycling” means the process of collecting and turning used products into new products by reprocessing or remanufacturing them.or
“Recycle” means the recovery, repurposing, reuse, transformation, or other diversion of Recyclable Material from Landfilling in such a manner that the Town receives Diversion credit for such materials and activities from CalRecycle.
“Recycling center” means an operation, including a place, mobile unit, reverse vending machine, or other device, which is certified by the State of California and which accepts from consumers, and pays or provides the refund value for, empty beverage containers intended to be recycled.
“Self-hauling” means a covered generator transporting its own waste and/or recyclable materials rather than contracting with an authorized contractora Franchisee or an alternative recycler for that service.
“Self-hauling /exemption form” means the form provided by the public works director or his or her designee on which a covered generator certifies that it is exempt from the requirements of the commercial recycling program as set forth in Section 8.14.040050, it is using an

alternative recycler, or it will be self-hauling and its activities will be completed in accordance with the provisions of this chapter and any other applicable law or regulation. “Source separating” or “source separation” means the process of removing recyclable materials from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for recyclable materials. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

Supermarket.

Grocery Store with a total facility size equal to or greater than 10,000 square feet.

Food Service Provider.

Food Distributor.

Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

Hotel with an on-site Food Facility and 200 or more rooms.

Health facility with an on-site Food Facility and 100 or more beds.

Large Event.

A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
“Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189882(a)(76).

8.14.040 8.14.030 – General provisions.

A. Ownership of Recyclable Material. Recyclable material placed at the curbside or other location for collection by an authorized contractora Franchisee is the property of the customer until such time as it is collected for disposal, at which time it becomes the property of the authorized contractorFranchisee.

B. Recyclable Material Collection and Service.

1. No person other than an authorized contractora Franchisee or an alternative recycler shall remove recyclable materials which have been placed in an approved recycling container at the curbside or on the customer’s premises. Any and each violation thereof from one or more recycling collection locations shall constitute a separate and distinct offense punishable as provided in this chapter.

2. Subject to the limitations contained in Section 8.14.050060, the townTown council Council may require all residents or any class of residents to obtain recyclable collection service from one or more authorized contractorFranchisees. The town councilTown Council may make such election by resolution or in any solid waste collection agreement entered by the townTown and subject to such terms and conditions as the town councilTown Council may prescribe.

C. Destroying, scattering, scavenging, or collecting recyclable material without the consent of the owner is prohibited. It is unlawful for any person to burn, break, destroy, scatter, scavenge, collect, contaminate, or take any recyclable materials without the consent of the owner of the recyclable materials.

D. Approved Recycling Containers—Ownership and Unauthorized Removal. It is unlawful for a person other than:

1. The customer or his/her designee; or

2. The townTown; or

3. An authorized agent of the townTown; or

4. The authorized contractorFranchisee or alternative recycler to remove any approved recycling container from the customer’s premises or curbside.

E. Right of Individual to Dispose of Recyclable Material. Nothing in this chapter shall modify, limit, or abrogate in any manner the right of any individual person, organization, or any other entity to donate, sell, exchange at fair market value or otherwise dispose of recyclable material, provided that any such disposal is in accordance with the provisions of this chapter.

F. Placement of Recycling Containers. No recycling containers or bins within the townTown shall be placed or located in such a manner that blocks or impedes vehicular or pedestrian traffic, falls within the designated visibility triangles (site distance), or obstructs egress from any building or property, whether or not such building or property may be abandoned or otherwise not in use.

G. Source Separation of Recyclable Material. All residents and covered generators in the townTown shall make reasonable efforts to remove from the general waste stream by source separation any material designated by the townTown and/or an authorized contractora Franchisee as recyclable material.

H. Contamination of Recyclable Material.

1. Recycling containers provided by the authorized contractorFranchisee or the alternative recycler may not contain ten percent or more of non-recyclable materials (contaminants). Any customer which violates this requirement may be charged at the solid waste disposal rate for the disposal of that container. Any customer whose recyclable material was not collected because it contained contaminants is responsible for properly separating recyclable materials from the non-recyclable materials for collection and proper recycling.

2. It shall be unlawful for an authorized contractora Franchisee or alternative recycler to combine materials in solid waste bins or carts with materials in recycling bins or carts in one collection vehicle.

I. Civil Action by Authorized ContractorFranchisee or Alternative Recycler. Nothing in this chapter shall be deemed to limit the right of a person or entity under contract to the town to remove solid waste or recyclable materials,Franchisee and/or an alternative recycler, to bring a civil action against any person who violates the above described sections of the chapter, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized contractora Franchisee.

8.14.050 8.14.040 – Commercial recycling program—Requirements for covered generators.

A. Each covered generator shall be responsible for ensuring and demonstrating compliance with the following requirements:

1. Source separation of recyclable materials from the solid waste they are discarding;

2. Providing for a basic level of recycling service that includes, at a minimum, the collection of recyclable materials; and

3. Entering into a service agreement with an authorized contractora Franchisee for the collection of recyclable materials; or completing a self-hauling/exemption form.

The requirements for self-hauling may include, but are not limited to, maintaining written records demonstrating that all self-hauling activities have been completed in accordance with the standards imposed by the town in this chapter.

B. Each covered generator shall provide containers for designated recyclable materials in common areas where recyclable materials may be collected.

C. Each covered generator shall ensure that designated recyclable materials generated at its site will be taken only to a recycling center, and not to a landfill for disposal, by complying with all the requirements of this chapter.

D. Each covered generator shall prominently post and maintain one or more signs where designated recyclable materials are collected that set forth what materials are required to be source separated, in addition to collection procedures for such materials.

E. No covered generator shall be liable for the failure of an authorized contractora Franchisee or alternative recycler to deliver designated recyclable materials to a recycling center.

8.14.060 8.14.050 – Exemptions to requirements for covered generators.

A. Notwithstanding the requirements of this chapter or any other provision herein, a business with less than four two cubic yards of waste per week or a residential property that is not a multi-family residential property as defined in this chapter shall not be subject to the requirements of Section 8.14.040050.

B. Any covered generator seeking to be exempted from the commercial recycling program requirements of Section 8.14.040050, intending to conduct self-hauling of recyclable materials, or intending to contract with an alternative recycler instead of an authorized contractora Franchisee must complete a self-hauling/exemption form annually. The town councilTown Council may adopt a fee in conjunction with the self-hauling permit to cover associated review and state reporting costs. See Section 8.14.060 070 for selfhauling and self-hauling/exemption form requirements. The application for exemption shall be submitted to the public works director, and/or hisTown Manager or her designee.

C. A covered generator may be exempted by the public works director, and/or his Town Manager or her designee, if it demonstrates to the public works director and/or his or her designee that there is no collection service or other system available within a reasonable area for recycling the waste material generated. If the public works director, and/or

hisTown Manager or her designee, determines that such a collection service or other system is available within a reasonable area, the public works director and/or his or her designeethey may deny the exemption request, and the covered generator will be responsible for compliance with this chapter.

D. A covered generator may be exempted by the public works director, and/or his or herTown Manager or designee, if it is determined through a site visit requested by the covered generator:

1. That there is not adequate storage space for approved recycling containers for recyclable materials on site and that it is infeasible for the covered generator to share approved recycling containers for designated recyclable materials with another covered generator on an adjoining property; or

2. That compliance with this chapter results in a violation of the townTown’s zoning code, including townTown zoning regulations for minimum parking spaces. If the public works director, and/or his or her designee, determines that it is feasible for recycling containers to be placed on site or shared with an adjoining generator, the covered generator will be responsible for compliance with this chapter.

E. A covered generator may be exempted if utilizing other recycling efforts that achieve the same diversion objectives as required by this section, as approved by the public works director, and/or his or herTown Manager or designee.

8.14.070 8.14.060 – Self-hauling exemption requirements for covered generators.

A. A covered generator may transport the recyclable materials generated and collected at its premises by self-hauling to a recycling center, rather than using an authorized contractora Franchisee or alternative recycler only if an owner, generator or employee of the covered generator completes this activity by utilizing a vehicle owned by either an employee or the entity.

B. A covered generator that transports recyclable materials generated and collected at its premises to a recycling center without the utilization of an authorized contractora Franchisee or alternative recycler must complete a self-hauling/exemption form that certifies that all self-hauling activities will be completed in accordance with the provisions of all applicable laws and/or regulations. At a minimum, the covered generator shall provide the following information on the self-hauling/exemption form:

1. The name, address and telephone number of the covered generator that is signing the selfhauling/exemption form;

2. A list of the types of recyclable materials being self-hauled;

3. For each type of recyclable material, the estimated amount that is being taken to a recycling center quarterly;

4. The name and address of the recycling center(s).

5. The self-hauling/exemption form shall contain a written statement signed by the covered generator’s owner or manager certifying that the covered generator is in compliance with the requirements of this chapter.

C. Approval requirements for self-hauling may include, but are not limited to, requiring applicants to maintain written records demonstrating that all self-hauling activities have been completed in accordance with the standards imposed by the townTown’s commercial recycling program, as described in this chapter. These records shall be made available to the public works director and/or his or herTown Manager or designee for review upon request.

D. The public works director, and/or his or herTown Manager or designee, may restrict or prohibit self-hauling by a covered generator if the public works director, and/or his or her designee,they determines that the person’s self-hauling activities violate the provisions of this chapter or any other applicable law or regulation.

8.14.080 8.14.070 – Appeal upon denial of s Self-hauling/ exemption application – appeal upon denial.

A. Within thirty days of written notification of denial of a self-hauling/exemption application, or within sixty days of public works director’s and/or his or herthe Town Manager’s designee’s failure to act on the application, the applicant has the right to meet with the public works directorTown Manager, and/or his or hertheir designee, to review the items cited in the written notice and provide any additional evidence to support approval. The applicant shall have the burden of proof to show facts demonstrating that the applicant does, in fact, meet the requirements of this chapter. Within fifteen days of such meeting, the Town Manager and/or their public works director, and/or his or her designee, will make a final, written determination of the application based on the reviews of additional evidence, together with the original application. The Town Manager or their public works director, and/or his or her designee, will send a copy of all final, written determinations, including reasons for denial, if any, to both the applicant and the town manager.

B. Within ten days after receiving the final denial from the public works director and/or his or her designee, the applicant may request that the town manager reconsider the determination by submitting a written appeal to the town manager. If the applicant’s appeal includes a request for a meeting, the applicant has the right to meet with the town manager within thirty days of the written request to review the materials related to the application and the denial. The applicant shall have the burden of proof to show facts demonstrating that the applicant does, in fact, meet the requirements of this chapter. The town manager will provide the applicant with a written explanation of his or her determination on the application within thirty days of such meeting or, if no meeting is requested, within thirty days of receipt of the applicant’s request for town manager

review. The town manager’s decision is final. If an applicant wishes to appeal a denial made by the Town Manager, the appeal process in Chapter 2.04 shall be followed.

8.14.090 8.14.080 – Large event and large venue recycling.

A. This section is intended to implement the requirements of California Public Resources Code Section 42648 et seq.

B. When issuing a permit to the operator of a venue or event which will serve or be attended by an average of more than two thousand individuals for each day of operation (including both workers and guests or customers), the townTown or its Franchisee shall provide information to the operator on programs that can be implemented to reduce, reuse, and recycle solid waste materials generated at the venue or event. Each such venue or event shall submit a plan to the townTown demonstrating that at least fifty seventy-five percent of the solid waste generated by the venue or event shall be diverted from landfills through reuse or recycling. The townTown may refuse to issue a permit for any event that fails to submit such a plan, and may require a deposit in the amount of five hundred dollars prior to issuing a permit for such a venue or event to secure compliance with the diversion requirement set forth herein.

C. The townTown may require each operator of a venue or event described in paragraph B above to submit, within thirty days following the end of the event, written documentation of waste reduction, reuse, recycling, and diversion programs implemented at the venue or event, and the type and weight of materials diverted and disposed at that venue or event.

If the venue or event operator has failed to implement such programs or has failed to divert from landfills at least seventy-five fifty percent of the solid waste generated at the venue or event, the operator shall include an explanation for failure as part of its report to the townTown. The venue or event operator shall submit the requested information to the townTown no later than one month from the end date of the town’s request for the informationevent. The townTown shall refund the deposit described in paragraph B above for any venue or event which has achieved the diversion goal set forth herein, and may retain the deposit provided for any venue or event which has failed to achieve the diversion goal.

D. The townTown may, by resolution adopted by the town councilTown Council, impose a fee on the operator of any venue or event described in paragraph B above to recover the townTown’s costs incurred in complying with its obligations under state law regarding recycling at such venues and events.

8.14.100 – Commercial Edible Food Recovery – Requirements for Commercial Edible Food Generators.

A. Tier One Commercial Edible Food Generators shall comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow the Town’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

6. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Section 49580 et seq of the Education Code and/or Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.

8.14.110 – Commercial Edible Food Recovery – Requirements for Food Recovery Organizations and Services.

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Town and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Town the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they

have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 30 of the following calendar year.

D. Food Recovery Capacity Planning. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the Town, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the Town shall provide information and consultation to the Town, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Town and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Town shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Town.

8.14.120 – Commercial Edible Food Recovery – Compliance Inspections.

The Town or its agent may enter a commercial premises or common areas of a multi-family property of five or more units to conduct a compliance inspection of any collection container or collection vehicle load, and may enter a transfer, processing, or disposal facility to conduct a compliance inspection. Compliance inspections may be performed without prior notice during normal business hours. Such inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.

8.14.130 – Commercial Edible Food Recovery – Complaints.

The Town shall receive written complaints from persons regarding an entity that may be potentially non-compliant with the requirements of this chapter and applicable law, including receipt of anonymous complaints.

8.14.140 8.14.090 – Enforcement.

A. Authority. The public works director, and/or his or herTown Manager or designee is authorized to administer and enforce the provisions of this chapter. To the extent permitted by law, the Town Manager or public works director and/or his or her designee may inspect any collection container, collection vehicle load, or receiving facility for collected trash or recyclable materials.

B. Remedies. It is unlawful to violate any provision or requirement of this chapter. The failure to comply with any requirement of this chapter constitutes a violation of this chapter. Each instance of a violation of this chapter is a separate offense. All violations of any portion of this chapter are declared to be misdemeanors or infractions, pursuant to Municipal Code Section 1.12.010.Violations of the provisions or requirements of this chapter may be prosecuted as an infraction or misdemeanor subject to the penalties

provided in this Code or the public works director may issue an administrative citation as provided in this Code.

C. Remedies Cumulative. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

D. Strict Liability. Violations of this chapter shall be treated as strict liability offenses regardless of intent.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Support Letter for State funding of JMT Conservancy 15-Year Work Program.

Council Meeting Date: 5/4/2022
Prepared by: Daniel C. Holler
Recommended Motion: Consider Council support letter to State representatives to fund the proposed JMT Conservancy work program and funding request. If supported, a support letter for the Mayor’s signature will be prepared.

Summary: The proposed project work by the JMT Conservancy is a wide-scale wilderness restoration, and sustainable backcountry infrastructure improvement plan across 2.8 million acres of the central Sierra Nevada from Yosemite Valley to Mt. Whitney. Funds will repair damage from high recreational use. This Proposal is in support of water resiliency; agriculture; sustainable tourism; climate resiliency; biodiversity; and enhanced public accessibility. Job creation provides direct hiring of diverse underserved communities.

The proposal is a 15-year, $50,250,000 work program. Projects include:

Of primary interest to the Town is the work in the Reds Meadow area and coordination of work on the Inyo National Forest (INF). Work will need to embrace the Devil’s Postpile management plan, the INF’s Forest Management Plan, and support connections into the Town of Mammoth Lakes by trail users and visitors.

Concerns over the loss of camping sites has also been expressed.

SUMMARY: JMT Wilderness Conservancy 15-YEAR PLAN
10 HIGHEST-PRIORITY FIELD RESTORATION PROJECTS (+ 15% Gen’l Admin) $
30,700,000

1. Reds Meadow JMT/ PCT, Devils Postpile NM Restoration (2 miles)

2. Duck Pass to Silver Pass (22 miles)

3. Italy & McGee Pass, VVR to Bear Ridge (30 miles)

4. Bear Creek Corridor (31 miles)

5. LeConte Canyon, Palisades Basin & Creek (21 miles)

6. Mather Pass, Upper Basin, Bench Lake to Marjorie Lake (12 miles)

7. Pinchot Pass, Woods Creek, Rae Lakes to Glen Pass (16 miles)

8. Onion Valley, Bullfrog Lakes, Bubbs Creek (24 miles)

9. Mt. Whitney, Guitar Lake, Crabtree Meadow to Forester Pass (22 miles)

10. New Army Pass to Cottonwood Pass (16 miles)
MAIN TRAILHEADS: FACILITIES UPGRADE (+ 15% Gen’l Admin) $
2,300,000
Conversion of trailhead facilities to new sustainable units (eliminating pit latrines)
SITE RENOVATION: TUOLUMNE MEADOWS (+ 15% Gen’l Admin)
$
5,750,000
Collaboration with Yosemite Conservancy, Yosemite National Park CAMPSITE & TRAIL RENOVATIONS: REDS MEADOW (Mammoth Lakes) (+ 15% Gen’l Admin)
$
11,500,000
Collaboration with Inyo National Forest, Federal Highway Administration Grant TOTAL $
50,250,000

1 TOWN COUNCIL STAFF REPORT
Title: Presentation on budget performance through the third quarter of FY21-22.

Meeting Date: May 4, 2022
Prepared by: Rob Patterson, Administrative Services / Finance Director RECOMMENDATION:

Staff recommends the Town Council receive the third quarter budget review for Fiscal Year 21-22 and adopt the resolution amending the FY21-22 budget as recommended on Attachment A
BACKGROUND:

Proper administration of any fiscal budget requires regular scheduled review of performance. The Town of Mammoth Lakes has committed to providing Town Council with the opportunity to review our financial performance at the close of each quarter. The report reflects the third quarter performance and other specific events, which have affected our results. The purpose of this report and related requests are to clean up budget issues for a more seamless operation of the town. This review will focus on excess Transient Occupancy Tax (TOT) revenue to be realized in support of critical infrastructure projects in need of funding. The review will be more reflective of the reviews typically performed during the second quarter of the year. In these condensed reviews, the focus is to identify collected TOT and utilize the excess revenue on one-time projects. Based on the limited additional expenses incurred this fiscal year and very strong revenue, staff will address only this revenue stream and our capital project needs in this review. The fourth quarter review, provided in mid-summer will have additional TOT to realize as well as clean up expenditures for the year.

ANALYSIS/DISCUSSION:

The third quarter budget review is usually the review that will capture the impacts of winter operations, primarily snow removal and other major impacts. For FY21-22 we had only one significant series of storms in late December that were impactful to Town operations and expense. With only one significant storm event, our original budget was adequate to cover our expenditures.

Through the winter season we continued to see a strong increases in TOT collection. To date this year, we have set records for TOT collection in all months except for August and September with most months far exceeding their previous records. This is due to several important factors that combined have led to a phenomenal year for our businesses. Summer visitation was running strong from recent lifting of COVID restrictions that had hampered summers for the previous two years. With a brief forest closure in September, one of the

2 months that did not set a record, but with the early opening for the ski resort we saw increased visitation. The mountain opening on October 29th of this year generated a tremendous amount of excitement and served to extend our ski season, generating a lot of demand on lodging resources in our busiest time. This visitation with the strong storm series in late December served to heighten that excitement and set the stage for strong winter business. These significant storms provided a great base, colder than usual temperatures and excellent snow management by the mountain delivered a record winter season, even with no measurable snow through the rest of the winter season. Through March we have collected almost $22.6M, far exceeding any previous year total for the period. As we look forward to April, May, and June collections, we anticipate a quick turn to summer visitation and welcome the return of foreign travel that should further support our strong year.

This quarter we are changing our processes and rather than forecasting the remainder of the year, realizing all revenue in this quarter, we are only realizing slightly more than has been received through March 31 in TOT revenue. By realizing this $5.1 million in additional revenue, we can utilize these funds to solidify our capital improvement plan for the coming fiscal year. It is the realization of these revenues that provides the opportunity to fund these important community projects. These requests listed below are in line with Town Council philosophy of utilizing excess revenue in one time allocation to capital projects rather than on expenditures that may require annual funding, therefore growing our annual operating budget. This method has proven very effective to further our capital improvement program and re-invest in our community.

Below is a brief representation of the TOT revenue realized to date and an estimate of further revenues that will be realized in the fourth quarter review. Staff

3 The recommended increase to Transient Occupancy Tax revenue will result in additional contributions to reserve accounts for Transit, Housing and Tourism based on Council direction and political commitments. Based on the third quarter recommendation of $5.1M, the following adjustments will be made to reserve accounts.

The realization of $5.1M in TOT revenue for the quarter and the allocation of $1,588,846 to our reserve elements, leaves $3,511,154 available for allocation to one-time projects.

In addition to the TOT revenue listed in the previous section, staff has identified two alternative funding sources that can be used for specific projects. The first funding source is a portion of both the Tourism and Housing reserves that were allocated from the $5.1M TOT realized in the third quarter, $921,923 and $333,462 respectively, for a total of $1,255,385. Staff will make recommendations to utilize $1.2M of these reserves to the Parcel project as part of the Town’s anticipated funding support for Phase II. The second funding sources is the fund balance in Fund 210 – Gas Tax. This fund has an approximate fund balance of $2.9M which can be utilized for road construction or mobility projects. In total the closeout and staff recommendations sections below will allocate $5,761,154 of these available funds. Under the staff recommendation section below, staff has incorporated project details as presented on 4/27/2022 to Town Council.

General Fund Allocation - $3,511,154
Capital Project Closeout
Sierra Business Park Storage Lots:

These parcels were developed to be used in the near term for storage for both the Town of Mammoth Lakes and leased space to Mammoth Disposal. In order to be used the lots need to be developed in accordance with Mono County and the Sierra Business Park HOA standard, standardized concrete walls and gates, chain link fences, paving and storm water infrastructure were developed. The project was completed earlier this year and came before Town Council in a project close out report. The construction project had a total budget of $400,000 funded with $300,000 from Solid Waste fund and $100,000 from Fund 990 – Future Capital. The actual project cost was $531,813 resulting in a funding shortfall of $131,813. Staff is recommending a portion of available funds from third quarter presentation to finalize project costs. With the allocation of $131,813 to close out this project, $3,379,341 remains for Town Council allocation.

Project Recommendations

4 Community Recreation Center (CRC)
Located at Mammoth Creek Park the proposed Community Recreation Center or CRC will be a fabric tensile structure (Sprung Structure) enclosing an Olympic size ice rink that will operate from November to April, and in the summer, durable sport tiles are envisioned to cover the rink area creating a 20,000 sq. foot Mammoth RecZone. On February 17, 2021, the Town Council awarded the construction contract to Hamel Contractors Inc. At the same meeting the Council authorized staff to purchase the Sprung Structure, Chiller, and other appearances. A key element of the new facility is the dual purpose of the parking area serving as a community mobility hub and parking for the facility. The mobility hub is designed to serve the facility with transit access, walking and biking access via the adjacent MUPs. The design also includes electric vehicle charging stations.

The current project estimate has increased due to a few unforeseen contract amendments.

Since construction began there were required changes to the electrical, structural, and HVAC systems. The building would not function without these changes. The Town had to cover the cost of an archeologist that monitors excavation work. The contractor encountered a nesting bird. The Town had to cover costs associated with protecting the nest and associated delays to controlling operations. The mobility hub portion of the project is fully funded. The Town and contractor are working to limit additional change orders.

Staff is recommending $1,150,000 allocation for this project.

Childcare Facility
Several factors have come together creating an opportunity to provide expanded childcare services. The need for expanded childcare and early child education services has been expressed by individuals, businesses, and local service agencies. With relocation of the IMACA preschool to the Parcel and Mono County Office of Education (MCOE) taking on operations and the obligated removal of IMACA facility at the High School new opportunities for childcare were presented. Staff has reached out to MUSD regarding allowing the Town to repurpose the portable classrooms that are to be disposed of by MUSD as part of the High School Remodel. Staff is looking at 6+/- buildings to create a childcare early child education facility. This project is subject to reaching a set of final agreements. The project is time constrained due to the need remove the modular buildings at the High School by end of June 2023. Upon initial review the buildings are usable but will require roofing work and siding after they are relocated. The extent of the interior remodel is yet to be determined, but improvements to meet state code for childcare facilities will be required. The final product will be dependent on budget and costs but will need to include an appropriate outdoor play area. The funding set aside will be used to cover design, permits, building relocation, foundation construction, inside improvements and limited outside improvements. Staff is recommending $1,500,000 allocation to this project.

Employee Bonus – Transient Occupancy Tax - FY21-22
The TOT bonus is a part of the current employment agreements for all non-safety full-time employees. The calculation takes into consideration the comparison of TOT actual to budget while removing the commitments to housing, transit and tourism and a portion of the remaining balance is available for bonus. The bonus is capped at $4,000 per employee and is prorated for employees who were not employed the entire year. The bonus will be

5 earned this year and staff is recommending $250,000 allocation to cover the cost of this bonus.

Communication System
The Town of Mammoth Lakes is working with its regional partners to upgrade the 30-yearold communications system. Mono County has hired consultants to evaluate and recommend the most viable alternative. The Town is setting aside funding to support the implementation of the preferred alternative. The final cost of a new system is expected to cost upwards of $1.5M. Currently $1,250,000 has been set aside for the project. Setting aside funding when available to the Town will mitigate the financial impact of upgrading the system. Staff is recommending an additional $125,000 be set aside with the potential need for additional funding of $125,000 for full project. The current analysis supports integration of communication systems with the planned State system. The California Radio Interoperable System (CRIS) Program was established in 2019 as part of a strategic effort to leverage the more advanced radio technology available on the market today and to put a more robust and effective communication tool at the disposal of California’s first responder community. The key features of the CRIS will be a Project 25 compliant trunked radio system which interfaces to similar local systems throughout the state of California. When fully developed the CRIS will provide radio coverage to over 90% of the State’s population and over 60% of the State’s geographic footprint. Staff is recommending $125,000 allocation to this project.

Parks Deferred Maintenance and Improvements
For the past few years Council has allocated up to $300,000 per year to address deferred maintenance projects within our parks and recreation amenities. Since 2017 we have invested more than $1,040,000 to address deferred maintenance in our parks and recreation facilities. The FY21-22 funding will be used to update ballfields at Whitmore Park. With the construction of new CRC facility, the current agreement with Mammoth Unified School District (MUSD) requires the current Ice Rink and associated improvements to be removed and the site remediated. The funding allocation of $100,000 under Parks Maintenance and Improvements is planned to be used for this purpose, with an option to use the funding to repurpose the space for other passive recreational uses. A request has been made to the MUSD board to amend the existing lease agreement to allow for the old ice rink slab to be converted into 2 pickleball courts,1 tennis court, and other passive uses. Staff will begin decommissioning elements of the ice rink this spring. Pending a new agreement with the MUSD the old rink will be removed or repurposed for ongoing recreational uses. Staff is recommending $100,000 allocation to this project.

Main Street Landscaping. This project includes rehabilitation of existing irrigation and installation of new drip irrigation where necessary, and installation of seed mix and drought-resistant plantings along both sides of Main Street from Mountain Blvd to just past Old Mammoth Road. Estimated project cost for construction is $250,000. Due to anticipated water restrictions, the project may be phased to reduce quantity of plantings and water demand. Staff is recommending $50,000 allocation to this project.

Edison Hall Improvements

6 Mammoth Lakes Foundation (MLF) is proceeding with needed improvements to Edison Hall. The Town and MLF looking at options to partner with the Town to take on operational support to meet the goal of opening the Edison Hall for summer 2022 programming. Staff is requesting the allocation of $100,000 to support access updates to parking for ADA access and to support the addition of future storage/workshop space through the use of a repurposed modular building. Minor improvements, cleaning and preparing spaces for reopening will be necessary. Staff is recommending $100,000 allocation to this project.

ADA Improvements
The Town has an approved ADA transition plan. The plan outlines various ADA improvements for Town facilities. Each year the Town continues to make reasonable effort to implement ADA improvements. The funding is noted tin the Capital program to track progress made on plan implementation. Staff is recommending $25,000 allocation to this project.

Dog Park
The Town is also looking at locations for the development of a Dog Park. Currently, the Town does not have places that are designed for off-leash dog use. Our local parks and sports fields have become used for this purpose resulting in several gallons of dog waste being removed from these facilities on a regular basis. Dogs are also often allowed to run off leash within the park and sports fields in violation of Town code. Having a dedicated space for this purpose meets community need for a place allowing dogs to run off leash, socialize and increases the norm for users of the dog park to clean up after their pets. The Town has received a $50,000 T-Mobil grant and previously allocated an additional $100,000 for a dog park. We are also exploring the opportunity to use a portion of MLF vacant property for this purpose, with the long-term land use plan for housing. Staff is recommending $50,000 allocation to this project.

Future Capital – Fund 990
The allocations listed above, including both project recommendations and project close out total $3,481,813 leaving a remaining balance of $29,341. Staff is recommending these funds be transferred to Fund 990 as undesignated fund balance for future projects or to supplement the above projects if needed. This process will ensure the funds are available when a project is identified and will not be expended through normal operations of the Town.

7 Fund 210 – Gas Tax available Fund Balance - $1,050,000 Project Recommendations
Expanded Parking – Mammoth Lakes Foundation Property
Space is available for expanded parking on the MLF property to support the other planned amenities such as the MACC, Dog Park, area MUPs and future amphitheater space. The parking area has been identified adjacent to the Dog Park on the property. Staff is recommending $400,000 allocation to this project.

Additional Parking Lot in the Parcel
This project will add approximately 50 parking spaces within the Parcel to assist with parking management plans. The added spaces are designed to meet specific needs of residents of the Parcel and is not intended as a public lot. As parking management plans are implemented throughout the Parcel the site may be converted in the future to housing units. This would be a Town owned lot. The rough estimate for this project is $150,000.

Funding is recommended from the Gas Tax/Road Fund reserves. The final location and design will be completed along with Phase II planning of the Parcel project. Staff is recommending $150,000 allocation for this project.

Limited Snow Storage Improvements
The Town currently manages a Use Permit with USFS for snow storage. The terms of this permit are not favorable to the Town and costs associated with contracting services are unsustainable. The Town will continue to work with the Inyo National Forest on the use of land for snow storage. The need for adequate snow storage continues to be a critical factor in managing snow for public safety and keeping the Town open during storm events. The

8 need for the larger Forest Service site will continue and the Town will keep the use permit in place. Town staff has been looking at less costly alternatives for snow storage, as higher costs are ultimately passed on to local businesses and residents. The availability of private land in the Town for this purpose is very limited. Vacant land owned by MLF has the potential to be used on a short-term basis for a limited snow storage area (5+/- acres). The longer-term vision for the property is for housing. The terms of the contract on the use of the site will provide a lower cost option to the Town, while maintaining service for the community. The vacant acreage will accommodate much of the Town’s snow storage need in normal to low snow years. The requested funding will be used to develop secure access to the site. The use of the site is subject to completing agreements and the environmental analysis. Staff is recommending $50,000 allocation to this project.

Village Area Pedestrian and Transit Improvements
The Town applied for an EDA gran to add parking spaces (20 spaces) next to the existing Town parking lot north of the Westin. The lot would in include EV chargers and is close to transit services and proposes a path from the lot to the Westin stairs (currently there are user created paths). The $1 million grant will require a 25% match if approved. Also, the Tow was approached by the Limelight Hotel developers of the property on the south side of the Westin regarding the previously planned pedestrian bridge connecting across Canyon Blvd to the Village (Gondola building). The bridge would allow a safe pedestrian connection or hotel guests, nearby condo guest and to the Town parking area by reducing the number of pedestrians crossing at street level. The transit stops on the west side of Canyon Blvd (near the stair access to the Westin) is also in need of adjustment to improve operations and a transit shelter. Integrating these potential projects together will improve the existing transit stop, reduce potential pedestrian conflicts crossing Canyon Blvd and enhanced pedestrian connection between hotel/residential/parking area with shopping and dining in the Village. Additional parking will provide visitors and locals with parking options when visiting this core commercial area. The cost estimates are very preliminary.

If authorized as a capital project design and cost estimates will be prepared for consideration. The parking area work is dependent upon grant funding. Staff is recommending $200,000 allocation to this project with another $250,000 for grant matching specific to parking area if the grant is awarded.

9 With staff recommendations listed above, Fund 210 will retain a fund balance of almost $2M for a future road or multi-use path project ($1,500,000) and project contingency within the fund ($400,000) for the above projects or to meet future needs.

Tourism and Housing Reserves - $1,200,000
Project Recommendations
Parcel Phase II
Staff and the development team at Pacific West Communities have completed preliminary design work on the second phase of the Parcel. At this time the project is envisioned to include approximately 148 units consisting of a mix of studio, 1 bedroom, 2 bedroom, and 3-bedroom rental units. The project is working its way through the entitlement process with the intention of having it ready to submit for grant funding this summer. The probable funding sources are well known, and an estimate of the Town’s contribution is based on these opportunities. The current estimated Town participation for Phase II is $5.1 million.

One million has already been set aside for the project. Over the course of FY22-23 and the close out of FY21-22, additional funds will be identified to support the project. While only an estimate the Town needs to set aside funding to match potential grant opportunities.

Having match funding available at the time the Town and/or Pacific West Communities applies for grants will strengthen the application and the possibility of receiving funding.

Staff is recommending $1,200,000 allocation for this project, increasing the committed amount to $2.2M.

Below is a summary of the funding distribution recommended for third quarter budget review:

10

11 RECOMMENDATION:

Staff recommends the Town Council receive the third quarter budget review for Fiscal Year 21-22 and adopt the resolution amending the FY21-22 budget as recommended on Attachment A

FY21-22 Budget Presentation
Third Quarter Update
Rob Patterson
Administrative Services / Finance Director
May 4, 2022

Transient Occupancy Tax

Staff Recommendations – General Fund

General Fund – Summary

Fund 210 – Gas Tax – Recommendation / Summary

Tourism & Housing Reserves

Attachment A

BUDGET TRANSFER
Date of Request: May 4, 2022 Requested By: Rob Patterson Department: Finance

CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund Dept. Account Object Increase Decrease Increase Decrease 1 Regular Salaries (TOT Bonus) Var - Var ‐ 40000 -             250,000 2 Contractual Services - Capital Project - (Sierra Business Park) 300 - 531 ‐ 43031 -             131,813 3 Contractual Services - Capital Project - (CRC - Construction) 300 - 531 ‐ 43031          1,150,000 4 Contractual Services - Capital Project - (Childcare Facility) 300 - 531 ‐ 43031          1,500,000 5 Contractual Services - Capital Project - (Main Street Landscaping) 300 - 531 ‐ 43031               50,000 6 Contractual Services - Capital Project - (Edison Hall Improvements) 300 - 531 ‐ 43031             100,000 7 Contractual Services - Capital Project - (ADA Improvements) 300 - 531 ‐ 43031               25,000 8 Contractual Services - Capital Project - (Dog Park) 300 - 531 ‐ 43031               50,000 9 Transfer Out - General Fund 100 599 49999 -          3,261,154 10 Transfer In - Capital Projects (General Fund) 300 000 39999 -       3,006,813 11 Transfer In - Future Capital (Communication Systems) 990 000 39999 -          125,000 12 Transfer In - Future Capital (Deferred Maintenance - Ice Rink) 990 000 39999 -          100,000 13 Transfer In - Future Capital (Undesignated) 990 000 39999 -            29,341 14 Contractual Services - Capital Project - (Parking - MLF Property) 300 - 531 ‐ 43031 -             400,000 15 Contractual Services - Capital Project - (Parking Lot at Parcel) 300 - 531 ‐ 43031             150,000 16 Contractual Services - Capital Project - (Snow Storage Improvements) 300 - 531 ‐ 43031               50,000 17 Contractual Services - Capital Project - (Village Ped and Transit Improvemen 300 - 531 ‐ 43031             200,000 18 Contractual Services - Capital Project - (EDA Grant Match) 300 - 531 ‐ 43031             250,000 19 Transfer In - Capital Projects (Gas Tax) 300 000 39999 -       1,050,000 20 Transfer Out - Gas Tax 210 599 49999 -          1,050,000 21 Contractual Services - Capital Project - (Parcel Phase II) 300 - 531 ‐ 43031 -          1,200,000 22 Transfer In - Capital Projects (Tourism and Housing Reserve) 300 000 39999 -       1,200,000 23 Transfer Out - Tourism Reserve 100 480 59999 -             870,000 24 Transfer Out - Housing Reserve 100 445 59999 -             330,000 Totals $     ‐ 5,511,154 $                 $     ‐ 11,017,967 $ Net Change
Reason for Transfer:

Mid-Year budget review (3rd Qtr)
Reason Budget Available:

Funding Source
Various Fund Adjustments
Department Head Signature:

Town Manager or Administrative Services/Finance Director Signature:

Town Council Approval Date (if required) : Date, Item # - Finance Department's Use Only
Reviewed By: Date: ________________________
Finance Manager
CASH ENTRY REQD: _____Yes _____ No Done by: _________
Keyed By: __________________________________________ Date: ___ Journal #: ___________________ $                               5,511,154                                   11,017,967

RESOLUTION NO. 22-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,

ACCEPTING THE MID-YEAR UPDATE AND AMENDING THE
FISCAL YEAR 2021-22 BUDGET
WHEREAS, the Town Council has adopted a Fiscal Year 2021-22 Budget; and WHEREAS, the Town Council wishes to make modifications to that Budget as necessary to the efficient administration of the Town; and WHEREAS, the Town Council received an update from the Administrative Services/Finance Director at the May 4th Town Council meeting regarding the current year financial results through the 3rd quarter ending March 2022; and WHEREAS, the Town Council provided direction to modify revenues and expenses in various funds and departments.

NOW, THEREFORE, BE IT RESOLVED that the Administrative Services/Finance Director is hereby directed to make the following modifications to the FY2021-22 budget, as provided for in Attachments A.

APPROVED AND ADOPTED THIS 4th day of May 2022.

___________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Agenda Item ________
File No. ____________

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

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

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

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

ANALYSIS/DISCUSSION:

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

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

Land Use:

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

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

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

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

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

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

RECOMMENDATION(S):

This agenda bill is submitted for information only.