Agenda packet — Mammoth Lakes City Council, July 6, 2022 (part 4 of 4)

04/01/22
Spacing 0.50” OC LED Spacing
LEDs 24 LEDs per foot
Wattage 3.9W/ft
Color Temp 2700°K / 3000°K / 3500°K / 4000°K
Color Consistency Bin centered on the Planck curve with a 3 step MacAdam tolerance.

CRI >Ra84
Wiring Options Factory prepared wiring options (See Page 2) Mounting Includes installation-ready 3M tape adhesive for simplified installation directly to application surface.

Installation Factory manufactured lengths with directional power connector and 60in lead wire assemblies into different
Clip or Channel styles for creating different configurations.

Mounting clips and power by connection to with factory
attached two prong 120V AC wall socket. NOT FIELD
CUTTABLE.

Power Supply 120V AC Power. Each run length includes secondary fuse protection module at start of run.

Listing UL Listed
Compliance ROHS compliant
Certification Energy efficient for California installations.

Warranty 3 year warranty

PRODUCT CODE VOLTAGE IP RATING COLOR TEMP CRI
DL — DURATAPE™ 120 — 120V AC A — IP65 All Environment 27 — 2700K SC — +84 CRI 30 — 3000K
35 — 3500K
40 — 4000K

KEY FEATURES

DIMENSIONAL DRAWINGS

DETAILS

LED DATA
Model Wt/LED Viewing
Angle
Lifespan at
90% drive
DuraTape
120V

0.15W 110° 50,000hrs
* LEDs operating at 90% of LED
manufacturers maximum current rating.
• DURATAPE 120V is a direct line voltage connection product with the advantage of being able to reach a long distance continuous lengths within without the inconvenience of a remote LED driver. • DURATAPE 120V is ideal for long length interior/exterior coves. • Energy efficient LED flexible linear light strip for continuous consistant color in linear applications.
• Connects directly into line voltage by means of 120V AC two prong plug or with single gange J-Box cover and free wire connection.
• Pre-assembled to specific lengths with various connector options for project requirements and efficient power configuration.

Product order lengths must be in 7–⅞" increments.
• Shipped with choice of 2 prong 120V AC plug lead or single gang J-Box and free wire connection lead to accommodate application installation requirements.
• Clean dimming down to 5% with ELV 120V dimming.
• Max continuous length: up to 164’ per run
IP65

1.5" 7.125" 7.875" 7.25"

1.2"

0.63"

1.2"

0.31" 0.63"
(Ordering length increments by 7⅞")
60" Lead wire
60" Lead wire

1.5" 7.125" 7.875" 7.25"

1.2"

0.63"

1.2"

0.31" 0.63"
(Ordering length increments by 7⅞")
60" Lead wire
60" Lead wire

0.31"

1.20"

0.63"

7.25" 1.20"

0.63"

1.50" 7.125" 7.875"

1.20"
60" Lead wire
1 - 2 weeks
DL120A30SC–QS + DL120-PLUG–QS
DL120A35SC–QS + DL120-PLUG–QS
* Lead time for quick ship fixtures is 1-2 weeks from processed PO date. Consult factory for quantites of over 1,000ft to confirm lead time. 1 - 2 weeks

FIXTURE DATA
Model Efficacy
Lm/Wt Lm/Ft Wt/Ft
2700°K 90 351 3.9
3000°K 93.8 366 3.9
3500°K 100.1 390.4 3.9
4000°K 89.9 350.7 3.9
* Meets Title 24 High efficacy rating.

Uniform
Direct View
Blended
Direct / Indirect View
Pixelated
Indirect View
DL120-CLPKT
Duratape120 mounting clips. Package of
10 each for 10ft section. #8 countersink
screws not included.

Targetti USA - A Targetti Group Company - 750-A W. 17th St. Costa Mesa, CA 92627 - Phone (714) 513-1991 - Email: [email protected] - www.Targetti.us - 10.06.20 - Page 3 of 4 DURATAPETM 120V
IP65 ALL ENVIRONMENT a brand of
PRAN-U
45º aluminum profi le. Anodized
aluminum rigid profi le complete
with opal translucent diff user cover.

Available in 79in (2M) lengths.

24.35 32.80

15.50 11.50

17.50 22,40mm
A A
B B
C C
D D
E E
F F
4 4
3 3
2 2
1 1
DRAWN
CHK'D
APPV'D
MFG
Q.A
UNLESS OTHERWISE SPECIFIED:

DIMENSIONS ARE IN MILLIMETERS
SURFACE FINISH:

TOLERANCES:

LINEAR:

ANGULAR:

FINISH: DEBURR AND

BREAK SHARP
EDGES

NAME SIGNATURE DATE
MATERIAL:

DO NOT SCALE DRAWING REVISION
TITLE:

DWG NO.

SCALE:1:50 SHEET 1 OF 1
A4
WEIGHT:

PRAN68+lens ASSEMBLY full 02-05-2018

1.29"

0.96"

KTPRAN-UEC
5 + 5 silver color end caps

KTPRAN-UCL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRIN-U
Flush mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent diff user
cover. Available in 79in (2M) lengths.

0.88"

0.87"

1.04"

KTPRIN-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips

SURFACE PROFILES
NOTE: Terminal connections
will mount outside of profile
for all profile options.

PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRIN-U
Flush mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent diff user
cover. Available in 79in (2M) lengths.

0.88"

0.87"

1.04"

KTPRIN-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAN-U
45º aluminum profi le. Anodized
aluminum rigid profi le complete
with opal translucent diff user cover.

Available in 79in (2M) lengths.

24.35 32.80

15.50 11.50

17.50 22,40mm
A A
B B
C C
D D
E E
F F
4 4
3 3
2 2
1 1
DRAWN
CHK'D
APPV'D
MFG
Q.A
UNLESS OTHERWISE SPECIFIED:

DIMENSIONS ARE IN MILLIMETERS
SURFACE FINISH:

TOLERANCES:

LINEAR:

ANGULAR:

FINISH: DEBURR AND

BREAK SHARP
EDGES

NAME SIGNATURE DATE
MATERIAL:

DO NOT SCALE DRAWING REVISION
TITLE:

DWG NO.

SCALE:1:50 SHEET 1 OF 1
A4
WEIGHT:

PRAN68+lens ASSEMBLY full 02-05-2018

1.29"

0.96"

KTPRAN-UEC
5 + 5 silver color end caps

KTPRAN-UCL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
Targetti USA - A Targetti Group Company - 750-A W. 17th St. Costa Mesa, CA 92627 - Phone (714) 513-1991 - Email: [email protected] - www.Targetti.us - 8.24.20 - Page 1 of 1

DECOLED TECNO VINTAGETM
LED G-LAMP a brand of

KEY FEATURES
• Dimmable retro filament style LED lamp
• Available in 2200°K color temperatures
• Available in 4.5W (345Lm)
• Offers high efficacy of up to 100LM/W over conventional incandescent lamps
• Smooth Dimming with ELV or MLV & CL Leading Edge
Dimmers

PRODUCT CODE TYPE SOCKET BASE WATTAGE COLOR TEMP VOLTAGE DIMMING DLV — DuraLed™ Vintage G25 — G25 Lamp MD — E26 Medium Base 04 — 4.5W 22 — 2200K 120 — 120VAC D — Dimmable

3.15"

4.8"

DETAILS
Lamp Type G25 Retro Vintage Filament Style LED Lamp
Color Temp 2200K
Color Consistency Advanced LED binning with +/- 2-step MacAdam Ellipses Color consistency maintained through rated lamp life
Wattage 4.5W
Lumen 345Lm
Efficacy 77Lm/W
Voltage 120V
Color Quality >80Ra
Lamp Life 15,000 hours at L70
Base E26
Distribution 320º
Dimming ELV or MLV & CL Leading Edge Dimmers
Dimensions 3.15” Dia x 4.8” Length
Weight 0.2Lbs
Listing UL Wet Listed E486283
Certifications Tested in accordance with LM-79-08
Warranty 3 year warranty
Lead time for quick ship fixtures is 1 week from processing PO date. 1 - 2 weeks
1 - 2 weeks

DIMENSIONAL DRAWINGS
PROFILE OPACITY LEVEL KEY:

Uniform
Direct View
Blended
Direct / Indirect View
Pixelated
Indirect View
DL120-CLPKT
Duratape120 mounting clips. Package of
10 each for 10ft section. #8 countersink
screws not included.

Available in 79in (2M) lengths.

24.35 32.80

15.50 11.50

17.50 22,40mm
A A
B B
C C
D D
E E
F F
4 4
3 3
2 2
1 1
DRAWN
CHK'D
APPV'D
MFG
Q.A
UNLESS OTHERWISE SPECIFIED:

DIMENSIONS ARE IN MILLIMETERS
SURFACE FINISH:

TOLERANCES:

LINEAR:

ANGULAR:

FINISH: DEBURR AND

BREAK SHARP
EDGES

NAME SIGNATURE DATE
MATERIAL:

DO NOT SCALE DRAWING REVISION
TITLE:

DWG NO.

SCALE:1:50 SHEET 1 OF 1
A4
WEIGHT:

PRAN68+lens ASSEMBLY full 02-05-2018

1.29"

0.96"

KTPRAN-UEC
5 + 5 silver color end caps

KTPRAN-UCL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRIN-U
Flush mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent diff user
cover. Available in 79in (2M) lengths.

0.88"

0.87"

1.04"

KTPRIN-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips

SURFACE PROFILES
NOTE: Terminal connections
will mount outside of profile
for all profile options.

PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRIN-U
Flush mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent diff user
cover. Available in 79in (2M) lengths.

0.88"

0.87"

1.04"

KTPRIN-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAN-U
45º aluminum profi le. Anodized
aluminum rigid profi le complete
with opal translucent diff user cover.

Available in 79in (2M) lengths.

24.35 32.80

15.50 11.50

17.50 22,40mm
A A
B B
C C
D D
E E
F F
4 4
3 3
2 2
1 1
DRAWN
CHK'D
APPV'D
MFG
Q.A
UNLESS OTHERWISE SPECIFIED:

DIMENSIONS ARE IN MILLIMETERS
SURFACE FINISH:

TOLERANCES:

LINEAR:

ANGULAR:

FINISH: DEBURR AND

BREAK SHARP
EDGES

NAME SIGNATURE DATE
MATERIAL:

DO NOT SCALE DRAWING REVISION
TITLE:

DWG NO.

SCALE:1:50 SHEET 1 OF 1
A4
WEIGHT:

PRAN68+lens ASSEMBLY full 02-05-2018

1.29"

0.96"

KTPRAN-UEC
5 + 5 silver color end caps

KTPRAN-UCL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PROFILE OPACITY LEVEL KEY:

Uniform
Direct View
Blended
Direct / Indirect View
Pixelated
Indirect View
DL120-CLPKT
Duratape120 mounting clips. Package of
10 each for 10ft section. #8 countersink
screws not included.

Available in 79in (2M) lengths.

24.35 32.80

15.50 11.50

17.50 22,40mm
A A
B B
C C
D D
E E
F F
4 4
3 3
2 2
1 1
DRAWN
CHK'D
APPV'D
MFG
Q.A
UNLESS OTHERWISE SPECIFIED:

DIMENSIONS ARE IN MILLIMETERS
SURFACE FINISH:

TOLERANCES:

LINEAR:

ANGULAR:

FINISH: DEBURR AND

BREAK SHARP
EDGES

NAME SIGNATURE DATE
MATERIAL:

DO NOT SCALE DRAWING REVISION
TITLE:

DWG NO.

SCALE:1:50 SHEET 1 OF 1
A4
WEIGHT:

PRAN68+lens ASSEMBLY full 02-05-2018

1.29"

0.96"

KTPRAN-UEC
5 + 5 silver color end caps

KTPRAN-UCL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRIN-U
Flush mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent diff user
cover. Available in 79in (2M) lengths.

0.88"

0.87"

1.04"

KTPRIN-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips

SURFACE PROFILES
NOTE: Terminal connections
will mount outside of profile
for all profile options.

PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRIN-U
Flush mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent diff user
cover. Available in 79in (2M) lengths.

0.88"

0.87"

1.04"

KTPRIN-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAN-U
45º aluminum profi le. Anodized
aluminum rigid profi le complete
with opal translucent diff user cover.

Available in 79in (2M) lengths.

24.35 32.80

15.50 11.50

17.50 22,40mm
A A
B B
C C
D D
E E
F F
4 4
3 3
2 2
1 1
DRAWN
CHK'D
APPV'D
MFG
Q.A
UNLESS OTHERWISE SPECIFIED:

DIMENSIONS ARE IN MILLIMETERS
SURFACE FINISH:

TOLERANCES:

LINEAR:

ANGULAR:

FINISH: DEBURR AND

BREAK SHARP
EDGES

NAME SIGNATURE DATE
MATERIAL:

DO NOT SCALE DRAWING REVISION
TITLE:

DWG NO.

SCALE:1:50 SHEET 1 OF 1
A4
WEIGHT:

PRAN68+lens ASSEMBLY full 02-05-2018

1.29"

0.96"

KTPRAN-UEC
5 + 5 silver color end caps

KTPRAN-UCL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
PRAP-U
Surface mount aluminum profi le.

Anodized aluminum rigid profi le
complete with opal translucent
diff user cover. Available in 79in (2M)
lengths.

0.76"

0.87"
OR-DEV
Set of steel supports required with
use of KTORDEV-U.

KTORDEV-U
Set of aluminum mounting heads
required with use of OR-DEV.

KTPRAP-UEC
5 + 5 silver color end caps

KTPRU-CL
5 sets of clips
Details
Spacing 12” or 24” OC Socket Spacing
Lamp Type For use with DURALED STARGAZER or DECOLED
TECNO VINTAGE lamp range, sold seperately.

Wattage 5W max per socket
Voltage 120V AC 60Hz
Length Sold in 48ft spools.

Installation Junction Box or GFI installation only. Attach to aircraft cable (sold seperately, page 2). Recommended 1/8”
aircraft cable for wall to wall installation, 3/16” aircraft cable for pole to pole installation. Optional cable wrap encases aircraft cable and DuraLED Cable for a clean
one wire look.

Weight E26 Medium Base Cable Only
12”OC = 0.19Lbs/ft
24”OC = 0.15Lbs/ft
GU10 Base Cable Only
12”OC = 0.21Lbs/ft
24”OC = 0.16Lbs/ft
IP Rating IP65 (IP44 if mounted in outward or upward direction) Certification Energy efficient for California installations.

Listing cETLus
Warranty 5 year warranty
B Dark Sky Compliant when using Decorative Shade and DURALED STARGAZER lamp.

Dimensional Drawings
Key Features

1.125"

1.5"

1.75"

3.875"
PRODUCT CODE TYPE SOCKET SPACING CABLE FINISH + LAMP
DLD — DuraLed™ CL — Cable Light MD — E26 Medium Base 12 — 12” OC BK — Black DURALED STARGAZER GU — GU10 Base 24 — 24” OC DURALED TECNO VINTAGE G25
DURALED TECNO VINTAGE S21
DURALED TECNO VINTAGE A60
DURALED TECNO VINTAGE G30
• Perfect for festoon mounting and garden lighting, taught or swayed with cable mounted downward direction for outdoor wet IP65 use.

Product can be mounted in outward or upward directions for indoor/ outdoor damp IP44 use.
• Sockets available in E26 medium base and GU10 base.
• Lamp spacing available in 12” OC and 24” OC.
• To be completed with DURALED STARGAZER or DECOLED TECNO VINTAGE lamp range, sold seperately.
• Provided with one Male 2 prong 120V AC plug with 5ft lead and one female 2 hole 120V AC socket with 2ft end per spool.
• Max continuous length: 1,100W max per continuous interconnected spools
• Spool length: 48ft 48 sockets (@ 12” OC) or
48ft 24 sockets (@ 24” OC)
Lead time for quick ship fixtures is 1 week from processed PO date.

Installation Examples
Straight
Swayed
Aircraft Cable
GFI Receptical
(provided by others)
Aircraft Cable
and Eye Bolt (provided by others)
Junction Box (provided by others)
1 - 2 weeks
1 - 2 weeks
IP65 Dark Sky
B
Targetti USA - A Targetti Group Company - 750-A W. 17th St. Costa Mesa, CA 92627 - Phone (714) 513-1991 - Email: [email protected] - targettiusa.com - 6.18.21 - Page 1 of 2

DURALEDTM
CABLE LIGHT a brand of
Spacing 0.50” OC LED Spacing
LEDs 24 LEDs per foot
Wattage 3.9W/ft
Color Temp 2700°K / 3000°K / 3500°K / 4000°K
Color Consistency Bin centered on the Planck curve with a 3 step MacAdam tolerance.

CRI >Ra84
Wiring Options Factory prepared wiring options (See Page 2) Mounting Includes installation-ready 3M tape adhesive for simplified installation directly to application surface.

Installation Factory manufactured lengths with directional power connector and 60in lead wire assemblies into different
Clip or Channel styles for creating different configurations.

Mounting clips and power by connection to with factory
attached two prong 120V AC wall socket. NOT FIELD
CUTTABLE.

Power Supply 120V AC Power. Each run length includes secondary fuse protection module at start of run.

Listing UL Listed
Compliance ROHS compliant
Certification Energy efficient for California installations.

Warranty 3 year warranty

PRODUCT CODE VOLTAGE IP RATING COLOR TEMP CRI
DL — DURATAPE™ 120 — 120V AC A — IP65 All Environment 27 — 2700K SC — +84 CRI 30 — 3000K
35 — 3500K
40 — 4000K

KEY FEATURES

DIMENSIONAL DRAWINGS

DETAILS

LED DATA
Model Wt/LED Viewing
Angle Lifespan at 90% drive
DuraTape
120V

1.5" 7.125" 7.875" 7.25"

1.2"

0.63"

1.2"

0.31" 0.63"
(Ordering length increments by 7⅞")
60" Lead wire
60" Lead wire

1.5" 7.125" 7.875" 7.25"

1.2"

0.63"

1.2"

0.31" 0.63"
(Ordering length increments by 7⅞")
60" Lead wire
60" Lead wire

0.31"

1.20"

0.63"

7.25" 1.20"

0.63"

1.50" 7.125" 7.875"

FIXTURE DATA
Model Efficacy
Lm/Wt Lm/Ft Wt/Ft
2700°K 90 351 3.9
3000°K 93.8 366 3.9
3500°K 100.1 390.4 3.9
4000°K 89.9 350.7 3.9
* Meets Title 24 High efficacy rating.

Targetti USA - A Targetti Group Company - 750-A W. 17th St. Costa Mesa, CA 92627 - Phone (714) 513-1991 - Email: [email protected] - www.Targetti.us - 10.06.20 - Page 1 of 4 DURATAPETM 120V
IP65 ALL ENVIRONMENT a brand of
Spacing 0.50” OC LED Spacing
LEDs 24 LEDs per foot
Wattage 3.9W/ft
Color Temp 2700°K / 3000°K / 3500°K / 4000°K
Color Consistency Bin centered on the Planck curve with a 3 step MacAdam tolerance.

CRI >Ra84
Wiring Options Factory prepared wiring options (See Page 2) Mounting Includes installation-ready 3M tape adhesive for simplified installation directly to application surface.

Installation Factory manufactured lengths with directional power connector and 60in lead wire assemblies into different
Clip or Channel styles for creating different configurations.

Mounting clips and power by connection to with factory
attached two prong 120V AC wall socket. NOT FIELD
CUTTABLE.

Power Supply 120V AC Power. Each run length includes secondary fuse protection module at start of run.

Listing UL Listed
Compliance ROHS compliant
Certification Energy efficient for California installations.

Warranty 3 year warranty

PRODUCT CODE VOLTAGE IP RATING COLOR TEMP CRI
DL — DURATAPE™ 120 — 120V AC A — IP65 All Environment 27 — 2700K SC — +84 CRI 30 — 3000K
35 — 3500K
40 — 4000K

KEY FEATURES

DIMENSIONAL DRAWINGS

DETAILS

LED DATA
Model Wt/LED Viewing
Angle Lifespan at 90% drive
DuraTape
120V

1.5" 7.125" 7.875" 7.25"

1.2"

0.63"

1.2"

0.31" 0.63"
(Ordering length increments by 7⅞")
60" Lead wire
60" Lead wire

1.5" 7.125" 7.875" 7.25"

1.2"

0.63"

1.2"

0.31" 0.63"
(Ordering length increments by 7⅞")
60" Lead wire
60" Lead wire

0.31"

1.20"

0.63"

7.25" 1.20"

0.63"

1.50" 7.125" 7.875"

FIXTURE DATA
Model Efficacy
Lm/Wt
Lm/Ft Wt/Ft
2700°K 90 351 3.9
3000°K 93.8 366 3.9
3500°K 100.1 390.4 3.9
4000°K 89.9 350.7 3.9
* Meets Title 24 High efficacy rating.

Page 429 of 528 ends

04/01/22

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04/01/22
Site Lighting Entitlement Package

04.01.22 Limelight Hotel - Mammoth Lakes

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JUNE 7, 2022
1 2
3 4

Page 438 of 528 ends

Attachment 7
June 15, 2022, Town Council Staff Report
https://pub-townofmammothlakes.escribemeetings.com/filestream.ashx?DocumentId=24297

Page 439 of 528 ends

Attachment 8
May 11, 2022, Planning and Economic Development
Commission Staff Report
https://pub-townofmammothlakes.escribemeetings.com/filestream.ashx?DocumentId=23418

Page 440 of 528 ends

1 TOWN COUNCIL STAFF REPORT
Title: Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within Assessment District 93-1 (Juniper Ridge).

Meeting Date: July 6, 2022
Prepared by: Sierra Shultz, Deputy Airport Manager
RECOMMENDATION:

Staff recommends that Town Council conduct the Public Hearing and after receiving the staff report, public testimony, and deliberation adopt the Resolution ordering the levy and collection of assessment within Assessment District 93-1 (Juniper Ridge) for the Fiscal Year 2022/23.

BACKGROUND:

On June 1, 2022, the Town Council adopted a resolution initiating proceedings for and declaring its intention to levy and collect annual assessments for Assessment District 93-1 (Juniper Ridge) for Fiscal Year 2022/23 in accordance with the Landscaping and Lighting Act of 1972 (“Act”). The resolution of intention called for this public hearing for the purpose of allowing testimony by any interested person(s). These proceedings shall be conducted each year in order to inform property owners of levy assessments against the property within the district.

ANALYSIS:

The Engineer’s Report, which was presented and approved by the Town Council at its June 1, 2022 meeting, indicated that the budget for Fiscal Year 2022/23 needed to assess the maximum budget for annual maintenance based on the remaining fund balance going into Fiscal Year 2022/23. It is proposed that an assessment of $48,000.00 be collected for Fiscal Year 2022/23 as shown in the Engineer’s Report.

No protests to the proposed assessments have been received as of June 27, 2022. If the total of any and all protests filed during and before the public hearing does not constitute more than fifty percent (50%) of the area within the assessment district, the Council may adopt the attached Resolution confirming the assessment diagram and the proposed assessments for Fiscal Year 2022/23. Adoption will then constitute the levy of assessments for the new fiscal year.

FINANCIAL CONSIDERATIONS:

The Engineer’s Report as prepared by NBS consultants includes detail for all Financial Considerations. In summary:

Page 441 of 528 ends

2 The total district budget is $73,700 for the 2022/23 fiscal year. To calculate the property owner assessments, adjustments to that budget are made as follows:

The budget includes a Town Contribution for Snow Removal of $25,000 and Surplus Funds Levy Credit of $700, therefore the Fiscal Year 2022/23 District Assessment is $48,000.00, at $1,200.00 per parcel. It should be noted that the maximum assessment for Fiscal Year 2022/23 is $1,200 per parcel.

Page 442 of 528 ends

RESOLUTION NO. 22-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES,

STATE OF CALIFORNIA, CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR ASSESSMENT DISTRICT 93-1 (JUNIPER RIDGE) FOR FISCAL YEAR 2022/23 The Town Council of the Town of Mammoth Lakes (the “Town”) does resolve as follows:

WHEREAS, the Town Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the Town’s Assessment District 93-1 (Juniper Ridge) (the “Assessment District”); and WHEREAS, the Town has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of the Fiscal Year 2022/23 Annual Report (the “Report”); and
WHEREAS, the Town has, by previous resolution, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and WHEREAS, a Public Hearing has been held and concluded and notice thereof was duly given in accordance with Section 22626 of the Act; and
WHEREAS, at the time and place specified in the Resolution of Intention the Town conducted such hearing and considered all objections to the assessment.

NOW, THEREFORE IT IS HEREBY RESOLVED AS FOLLOWS:

1. Confirmation of Assessment and Diagram: The Town Council hereby confirms the assessment and the diagram as is described in full detail in the Report on file with the Town Clerk.

2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

3. Ordering of the Levy: The Town Council hereby orders NBS to prepare and submit the levy of assessments to Mono County for placement on the Fiscal Year 2022/23 secured property tax roll.

Page 443 of 528 ends

Resolution No. 22-

Page 2 ends

PASSED, APPROVED AND ADOPTED this 6
th day of July, 2022.

Lynda Salcido, Mayor
ATTEST:

Jamie Gray, Town Clerk

Page 444 of 528 ends

Map of Properties within Assessment Distrct 93-1 (Juniper Ridge) as of June 2022

Page 445 of 528 ends

1 TOWN COUNCIL STAFF REPORT
Title: Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within Assessment District 93-4, Zone 1 (The Bluffs) – Maintenance District No.1.

Meeting Date: July 6, 2022
Prepared by: Sierra Shultz, Deputy Airport Manager
RECOMMENDATION:

Staff recommends that Town Council conduct the Public Hearing and after receiving the staff report, public testimony, and deliberation adopt the attached Resolution ordering the levy and collection of assessments within the Bluffs Assessment District No 93-4, Zone 1 for the Fiscal Year 2022/23.

BACKGROUND:

Each year at this time, the assessments against properties within Assessment District 93-4, Zone 1 (The Bluffs) Maintenance District No. 1 must be re-evaluated to determine whether the annual funding is sufficient for the anticipated costs of public services needed in the coming fiscal year. The Improvement Act of 1911, under which the district was formed, requires a resolution determining the amount and procedural requirements of the Benefit Assessment Act of 1982.

The resolution of intention adopted at the June 1, 2022 Town Council meeting called for this public hearing for the purpose of allowing testimony by any interested person(s). These proceedings shall be conducted each year in order to levy assessments against the properties within the district.

ANALYSIS:

The Special District was created to provide funding for street maintenance, drainage improvements, snow removal, and storage. The Preliminary Engineer's Report, which was presented and approved by the Town Council at its June 1, 2022 meeting, indicated that the fund balance going into Fiscal Year 2022/23 needed to be increased for annual maintenance, future projected maintenance costs, and other needs of the assessment district. It is proposed that an assessment of $165,900.00 be collected for Fiscal Year 2022/23 as previously shown in the Engineer’s Report. The budget in Fiscal Year 2022/23 includes reserve funds for future maintenance projects.

Page 446 of 528 ends

2 for Fiscal Year 2022/23. Adoption will then constitute the levy of assessments for the new fiscal year.

FINANCIAL CONSIDERATIONS:

The Engineer's Report as prepared by NBS includes detail for all Financial Considerations.

In summary:

The total district budget is $292,695 for the 2022/23 fiscal year. To calculate the property owner assessments, adjustments to that budget are made as follows:

The budget includes a Town Contribution of $24,000 and Surplus Funds Levy Credit of $102,795, therefore the Fiscal Year 2022/23 District Assessment is $165,900.00, at $2,100.00 per parcel. It should be noted that the maximum assessment for Fiscal Year 2022/23 is $2,100 per parcel.

Page 447 of 528 ends

RESOLUTION NO. 22-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES,

STATE OF CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN THE SPECIAL MAINTENANCE DISTRICT ASSESSMENT DISTRICT 93-4, ZONE 1 (THE BLUFFS) – MAINTENANCE DISTRICT NO. 1 The Town Council of the Town of Mammoth Lakes (the “Town”) does resolve as follows:

WHEREAS, the Town Council of the Town of Mammoth Lakes (the “Town Council”), California pursuant to the terms of the Improvement Act of 1911, Division 7 of the California Streets and Highways Code, (commencing with Section 5000) (hereafter referred to as the “Act”) did, approve the Annual Report (hereafter referred to as the “Report”) as presented or amended which described the assessment against parcels of land within the Assessment District designated as follows: Assessment District 93-4, Zone 1 (The Bluffs) – Maintenance District No. 1 (hereinafter referred to as the “Maintenance District”); and WHEREAS, the Report in connection with the proposed levy and collection upon eligible parcels of land within the Maintenance District, was submitted to the Town Clerk and the Town Council, and the Town Council did by previous resolution approve such Report; and WHEREAS, the Town Council desires to levy and collect assessments against parcels of land within the Maintenance District for the fiscal year commencing July 1, 2022 and ending June 30, 2023, to pay the costs and expenses of operating, maintaining, and servicing the improvements within the Maintenance District; and
WHEREAS, the assessment rates within the Maintenance District are exempt from the assessment balloting procedures set forth in Proposition 218 because the Maintenance District was formed by consent of the landowners, and the proposed assessments per lot or parcel are not proposed to increase by more than the assessment rates approved by the landowners at the time of formation of the Maintenance District; and
WHEREAS, the assessment levies are not based upon the assessed value of the property within the Maintenance District, but are based upon the special benefit received by the parcels within the Maintenance District from the improvements;
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

1. The above recitals are all true and correct.

2. Following notice duly given, the Town Council has held a full and fair Public Hearing regarding its Resolution Approving the Report prepared in connection therewith, the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons.

Page 448 of 528 ends

Resolution No. 22-

Page 2 ends

(a) The land within the Maintenance District will receive special benefit by the operation, maintenance, and servicing of the improvements which include, but are not limited to: roadway improvements, street lighting, streets, sidewalks and driveways, curb and gutter, drainage facilities, and snow management. The improvements also include the construction, maintenance and servicing of appurtenant facilities including, but not limited to, personnel, electrical energy, materials, contracting services, and other items necessary for the satisfactory operation of these services. (b) The Maintenance District includes all of the lands receiving such special benefit.
(c) The net amount to be assessed upon the land within the Maintenance District in accordance with the costs for the fiscal year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated special benefit to be received by each parcel from the improvements and services.
(d) The Town’s Contribution will be applied to offset the cost of improvements for the fiscal year commencing July 1, 2022 and ending June 30, 2023, resulting in $165,900 levy to the parcels in the Maintenance District.

4. The Report and assessment as presented to the Town Council and on file in the office of the Town Clerk are hereby confirmed as filed.

5. The Town Treasurer shall deposit all money representing assessments collected by the County of Mono for the Maintenance District to the credit of a fund for the Maintenance District, and such money shall be expended only for the maintenance, operation, and servicing of the authorized improvements.

6. The adoption of this resolution constitutes the Maintenance District levy in the amount of $165,900 for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

7. A certified copy of the levy shall be filed in the office of the Town Clerk and open for public inspection.

Page 449 of 528 ends

Resolution No. 22-

Page 3 ends

PASSED, APPROVED AND ADOPTED this 6
th day of July, 2022.

Lynda Salcido, Mayor
ATTEST:

Jamie Gray, Town Clerk

Page 450 of 528 ends

Map of Properties within Assessment Distrct 93-4, Zone 1 (The Bluffs) as of June 2022

Page 451 of 528 ends

1 TOWN COUNCIL STAFF REPORT
Title: Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within the special maintenance district Old Mammoth Road Benefit Assessment District No. 2002-1.

Meeting Date: July 6, 2022
Prepared by: Sierra Shultz, Deputy Airport Manager
RECOMMENDATION:

Staff recommends that Town Council conduct the Public Hearing and after receiving the staff report, public testimony, and deliberation adopt the attached Resolution ordering the levy and collection of assessments within the Old Mammoth Road Benefit Assessment District No. 2002-1 for the Fiscal Year 2022/23.

BACKGROUND:

On June 1, 2022, the Town Council adopted a resolution initiating proceeding for and declaring its intention to levy and collect annual assessments for Benefit Assessment District 2002-1 (Old Mammoth Road) for Fiscal Year 2022/23 in accordance with the Benefit Assessment Act of 1982, under which the District was formed. The resolution of intention called for this public hearing for the purpose of allowing testimony by any interested person(s). These proceedings are conducted each year in order to levy assessments against the properties within the district.

ANALYSIS:

The Engineer’s Report, which was presented and approved by the Town Council at its June 1, 2022 meeting, indicated the budget for Fiscal Year 2022/23 should be assessed based on the remaining funds going into the new fiscal year and the improvements planned for the following year.

FINANCIAL CONSIDERATIONS:

The Engineer’s Report as prepared by NBS includes detail for all Financial Considerations.

In summary:

Page 452 of 528 ends

2 The proposed overall budget for this district is $913,207 for the 2022/23 fiscal year. The proposed budget is high due to landscaping construction projects planned for summer of 2022 and 2023. To calculate the property owner assessments, adjustments to that budget are made as follows:

There is a Town Contribution for General Benefit of $270,000 and a Surplus Funds Levy Credit of $454,245. Therefore, the proposed district assessment for Fiscal Year 2022/23 is $188,962. The amount is spread among property owners as described in the Engineer’s Report with an Estimated Maintenance Assessment of $25.57 per linear foot of frontage.

It should be noted that Maximum Assessment allowed for Fiscal Year 2022/23 is $32.06 per linear foot of frontage, and $236,960.65 overall.

Page 453 of 528 ends

RESOLUTION NO. 22-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES,

STATE OF CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN THE SPECIAL MAINTENANCE DISTRICT OLD MAMMOTH ROAD BENEFIT ASSESSMENT DISTRICT NO. 2002-1
The Town Council of the Town of Mammoth Lakes (the “Town”) does resolve as follows:

WHEREAS, the Town Council of the Town of Mammoth Lakes, California pursuant to the terms of the Benefit Assessment Act of 1982, Title 5 Division 2, of the California Government Code (commencing with Section 54703) (hereafter referred to as the “Act”) did, approve the Annual Report (hereafter referred to as the “Report”) as presented or amended which described the assessment against parcels of land within the Benefit Assessment District designated as follows: Old Mammoth Road Benefit Assessment District No. 2002-1 (hereinafter referred to as the “Maintenance District”); and
WHEREAS, the engineer selected by the Town Council has prepared and filed with the Town Clerk, and the Town Clerk has presented to the Town Council, the Report in connection with the proposed levy and collection upon eligible parcels of land within the Maintenance District, and the Town Council did by previous resolution approve such Report; and WHEREAS, the Town Council desires to levy and collect assessments against parcels of land within the Maintenance District for the fiscal year commencing July 1, 2022 and ending June 30, 2023, to pay the costs and expenses of operating, maintaining, and servicing the improvements within the Maintenance District; and
WHEREAS, the assessment rates within the Maintenance District are exempt from the assessment balloting procedures set forth in Proposition 218 because the Maintenance District was formed by consent of the landowners, and the proposed assessments per lot or parcel are not proposed to increase by more than the assessment rates approved by the landowners at the time of formation of the Maintenance District; and
WHEREAS, the assessment levies are not based upon the assessed value of the property within the Maintenance District but are based upon the special benefit received by the parcels within the Maintenance District from the improvements.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

1. The above recitals are all true and correct.

Page 454 of 528 ends

Resolution No. 22-

Page 2 ends

3. Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the Town Council and which has been filed with the Town Clerk, the Town Council hereby finds and determines that:
(a) The land within the Maintenance District will receive special benefit by the operation, maintenance, and servicing of the improvements which include, but are not limited to: installation, upgrade, construction, or reconstruction of landscaping, street lighting, streets, sidewalks and driveways, curb and gutter, drainage facilities, and snowmelt tubing systems. The improvements also include the construction, maintenance and servicing of appurtenant facilities including, but not limited to, personnel, electrical energy, materials, contracting services, and other items necessary for the satisfactory operation of these services.
(b) The Maintenance District includes all of the lands receiving such special benefit.
(c) The net amount to be assessed upon the land within the Maintenance District in accordance with the costs for the fiscal year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated special benefit to be received by each parcel from the improvements and services.
(d) Town Contribution for General Benefit funds will be applied to offset the cost of improvements for the fiscal year commencing July 1, 2022 and ending June 30, 2023, resulting in $188,962 levy to the parcels in the Maintenance District.

4. The Report and assessment as presented to the Town Council and on file in the office of the Town Clerk are hereby confirmed as filed.

6. The adoption of this resolution constitutes the Maintenance District levy in the amount of $188,962 for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

7. A certified copy of the levy shall be filed in the office of the Town Clerk and open for public inspection.

Page 455 of 528 ends

Resolution No. 22-

Page 3 ends

PASSED, APPROVED, AND ADOPTED this 6
th day of July, 2022.

Lynda Salcido, Mayor
ATTEST:

Jamie Gray, Town Clerk

Page 456 of 528 ends

Map of Properties within Benefit Assessment District No. 2002-1 (Old Mammoth Road) as of June 2022

Page 457 of 528 ends

1 TOWN COUNCIL STAFF REPORT
Title: Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within the special maintenance district North Village Benefit Assessment District No. 2002-2, Zone 1.

Meeting Date: July 6, 2022
Prepared by: Sierra Shultz, Deputy Airport Manager
RECOMMENDATION:

Staff recommends Town Council conduct the public hearing and after receiving the staff report, public testimony, and deliberation adopt the attached resolution ordering the levy and collection of assessments within special maintenance district North Village Benefit Assessment District No. 2002-02, Zone 1 for the Fiscal Year 2022/23.

BACKGROUND:

On June 1, 2022, the Town Council adopted a resolution initiating proceedings for and declaring its intention to levy and collect annual assessments for Benefit Assessment District 2002-2 (North Village District) for Fiscal Year 2022/23 in accordance with the Benefit Assessment Act of 1982, under which the District was formed. The resolution of intention called for this public hearing for the purpose of allowing testimony by any interested person(s). These proceedings are conducted each year in order to levy assessments against the properties within the district.

ANALYSIS:

The Engineer’s Report, which was presented and approved by the Town Council at its June 1, 2022 meeting, indicated that the balance from Fiscal Year 2021/22 needed additional funds going into Fiscal Year 2022/23. There are no large-scale projects planned within the district for summer of 2022. Staff recommends that a levy be assessed in Fiscal Year 2022/23. A public hearing is required under the code sections for which the assessment is governed.

No protests to the proposed assessments have been received as of June 27, 2022. If the total of any and all protests filed during and before the public hearing does not constitute more than fifty percent (50%) of the area within the assessment district, the Council may adopt the attached Resolution confirming the assessment diagram and the proposed assessments for the Fiscal Year 2022/23. Adoption will then constitute the levy of assessments for the new fiscal year.

Page 458 of 528 ends

2 FINANCIAL CONSIDERATIONS:

The Engineer's Report as prepared by NBS includes detail for all Financial Considerations.

In summary:

The proposed overall budget for this district is $174,872 for the 2022/23 fiscal year. To calculate the property owner assessments, adjustments to that budget are made as follows:

There is a Town contribution for General Benefit of $25,000 and Surplus Funds Levy Credit of $95,612. A Snow Management reserve is already held within the available district funds and is therefore $0.00 for FY 2022/23. This results in a Fiscal Year 2022/23 District Assessment of $54,260. It should be noted the total maximum assessment for Fiscal Year 2022/23 is $187,976.62.

Page 459 of 528 ends

RESOLUTION NO. 22-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES,

STATE OF CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN THE SPECIAL MAINTENANCE DISTRICT NORTH VILLAGE BENEFIT ASSESSMENT DISTRICT NO. 2002-2, ZONE 1
The Town Council of the Town of Mammoth Lakes (the “Town”) does resolve as follows:

WHEREAS, the Town Council of the Town of Mammoth Lakes (the “Town Council”), California pursuant to the terms of the Benefit Assessment Act of 1982, Title 5 Division 2, of the California Government Code (commencing with Section 54703) (hereafter referred to as the “Act”) did, approve the Annual Report (hereafter referred to as the “Report”) as presented or amended which described the assessment against parcels of land within the Benefit Assessment District designated as follows: North Village Benefit Assessment District No. 2002-2, Zone 1 (hereinafter referred to as the “Maintenance District”); and WHEREAS, the engineer selected by the Town Council has prepared and filed with the Town Clerk, and the Town Clerk has presented to the Town Council, the Report in connection with the proposed levy and collection upon eligible parcels of land within the Maintenance District, and the Town Council did by previous resolution approve such Report; and WHEREAS, the Town Council desires to levy and collect assessments against parcels of land within the Maintenance District for the fiscal year commencing July 1, 2022 and ending June 30, 2023, to pay the costs and expenses of operating, maintaining, and servicing the improvements within the Maintenance District; and
WHEREAS, the assessment rates within the Maintenance District are exempt from the assessment balloting procedures set forth in Proposition 218 because the Maintenance District was formed by consent of the landowners, and the proposed assessments per lot or parcel are not proposed to increase by more than the assessment rates approved by the landowners at the time of formation of the Maintenance District; and
WHEREAS, the assessment levies are not based upon the assessed value of the property within the Maintenance District but are based upon the special benefit received by the parcels within the Maintenance District from the improvements.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

1. The above recitals are all true and correct.

Page 460 of 528 ends

Resolution No. 22-

Page 2 ends

3. Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the Town Council and which has been filed with the Town Clerk, the Town Council hereby finds and determines that:
(a) The land within the Maintenance District will receive special benefit by the operation, maintenance, and servicing of the improvements which include, but are not limited to: installation, upgrade, construction, or reconstruction of landscaping, street lighting, streets, sidewalks and driveways, curb and gutter, drainage facilities, and snowmelt tubing systems. The improvements also include the construction, maintenance and servicing of appurtenant facilities including, but not limited to, personnel, electrical energy, materials, contracting services, and other items necessary for the satisfactory operation of these services.
(b) The Maintenance District includes all of the lands receiving such special benefit.
(c) The net amount to be assessed upon the land within the Maintenance District in accordance with the costs for the fiscal year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated special benefit to be received by each parcel from the improvements and services.
(d) Town Contribution for General Benefit funds will be applied to offset the cost of improvements for the fiscal year commencing July 1, 2022 and ending June 30, 2023, resulting in $54,260 levy to the parcels in the Maintenance District.

4. The Report and assessment as presented to the Town Council and on file in the office of the Town Clerk are hereby confirmed as filed.

6. The adoption of this resolution constitutes the Maintenance District levy in the amount of $54,260 for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

7. A certified copy of the levy shall be filed in the office of the Town Clerk and open for public inspection.

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Resolution No. 22-

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PASSED, APPROVED, AND ADOPTED this 6
th day of July, 2022.

Lynda Salcido, Mayor
ATTEST:

Jamie Gray, Town Clerk

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Map of Properties within Benefit Assessment District No. 2002-2, Zone 1 (North Village) as of June 2022

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1 TOWN COUNCIL STAFF REPORT
Title: Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within Benefit Assessment District No. 2014-1 (Mammoth View).

Meeting Date: July 6, 2022
Prepared by: Sierra Shultz, Deputy Airport Manager
RECOMMENDATION:

Staff recommends that Town Council conduct the public hearing and after receiving the staff report, public testimony, and deliberation adopt the attached Resolution ordering the levy and collection of assessments within the Mammoth View Benefit Assessment District No. 2014-1 for the Fiscal Year 2022/23.

BACKGROUND:

On June 1, 2022, the Town Council adopted a resolution initiating proceedings for and declaring its intention to levy and collect annual assessments for Benefit Assessment District 2014-1 (Mammoth View) for Fiscal Year 2022/23 in accordance with the Benefit Assessment Act of 1982, under which the District was formed. The resolution of intention called for this public hearing for the purpose of allowing testimony by any interested person(s). These proceedings are conducted each year in order to levy assessments against the property within the district.

ANALYSIS:

The Engineer's Report, which was presented and approved by Town Council at its June 1, 2022 meeting, indicated that the budget from Fiscal Year 2022/23 should be assessed based on the remaining funds going into Fiscal Year 2022/23 and future improvement projects.

On June 30, 2016, the California Transportation Commission approved a relinquishment of Viewpoint Road from Caltrans right of way to the Town of Mammoth Lakes. This was related to the Town’s North Main Street sidewalk project. It is an expectation that Viewpoint Road will begin reconstruction when the Mammoth View project begins construction.

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2 FINANCIAL CONSIDERATIONS:

The Engineer's Report as prepared by NBS includes detail for all Financial Considerations.

In summary:

The total district budget is $4,500.00 for the 2022/23 fiscal year. To calculate the property owner assessments, adjustments to that budget are made as follows: The budget has a Town General Benefit component, an additional contribution, and a district fund contribution of $0.00. This results in a Fiscal Year 2022/23 District Assessment of $4,500.00 at the rate of $13.78 per Special Benefit Point. It should be noted the total maximum assessment for Fiscal Year 2022/23 is $113.64 per Special Benefit Point.

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RESOLUTION NO. 22-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES,

STATE OF CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN THE SPECIAL MAINTENANCE DISTRICT BENEFIT ASSESSMENT DISTRICT NO. 2014-1 (MAMMOTH VIEW)
The Town Council of the Town of Mammoth Lakes (the “Town”) does resolve as follows:

WHEREAS, the Town Council of the Town of Mammoth Lakes (the “Town Council”), California pursuant to the terms of the Benefit Assessment Act of 1982, Title 5 Division 2, of the California Government Code (commencing with Section 54703) (hereafter referred to as the “Act”) did, approve the Annual Report (hereafter referred to as the “Report”) as presented or amended which described the assessment against parcels of land within the Benefit Assessment District designated as follows: Benefit Assessment District No. 2014-1 (Mammoth View) (hereinafter referred to as the “Maintenance District”); and WHEREAS, the engineer selected by the Town Council has prepared and filed with the Town Clerk, and the Town Clerk has presented to the Town Council, the Report in connection with the proposed levy and collection upon eligible parcels of land within the Maintenance District, and the Town Council did by previous resolution approve such Report; and WHEREAS, the Town Council desires to levy and collect assessments against parcels of land within the Maintenance District for the fiscal year commencing July 1, 2022 and ending June 30, 2023, to pay the costs and expenses of operating, maintaining, and servicing the improvements within the Maintenance District; and
WHEREAS, the assessment rates within the Maintenance District are exempt from the assessment balloting procedures set forth in Proposition 218 because the Maintenance District was formed by consent of the landowners, and the proposed assessments per lot or parcel are not proposed to increase by more than the assessment rates approved by the landowners at the time of formation of the Maintenance District; and
WHEREAS, the assessment levies are not based upon the assessed value of the property within the Maintenance District but are based upon the special benefit received by the parcels within the Maintenance District from the improvements.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

1. The above recitals are all true and correct.

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Resolution No. 22-

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3. Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the Town Council and which has been filed with the Town Clerk, the Town Council hereby finds and determines that:
(a) The land within the Maintenance District will receive special benefit by the operation, maintenance, and servicing of the improvements which include, but are not limited to: installation, upgrade, construction, or reconstruction of landscaping, street lighting, streets, sidewalks and driveways, curb and gutter, drainage facilities, and snowmelt tubing systems. The improvements also include the construction, maintenance and servicing of appurtenant facilities including, but not limited to, personnel, electrical energy, materials, contracting services, and other items necessary for the satisfactory operation of these services.
(b) The Maintenance District includes all of the lands receiving such special benefit.
(c) The net amount to be assessed upon the land within the Maintenance District in accordance with the costs for the fiscal year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated special benefit to be received by each parcel from the improvements and services.
(d) The fiscal year commencing July 1, 2022 and ending June 30, 2023, a $4,500 levy will be applied to the parcels in the Maintenance District.

4. The Report and assessment as presented to the Town Council and on file in the office of the Town Clerk are hereby confirmed as filed.

6. The adoption of this resolution constitutes the Maintenance District levy in the amount of $4,500 for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

7. A certified copy of the levy shall be filed in the office of the Town Clerk and open for public inspection.

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Resolution No. 22-

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PASSED, APPROVED, AND ADOPTED this 6
th day of July, 2022.

Lynda Salcido, Mayor
ATTEST:

Jamie Gray, Town Clerk

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Map of Properties within Benefit Assessment District No. 2014-1 (Mammoth View) as of June 2022

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1 TOWN COUNCIL STAFF REPORT
Title: Lease Agreement for Edison Hall between Mammoth Lakes Foundation and Town of Mammoth Lakes.

Meeting Date: July 6, 2022
Prepared by: Daniel C. Holler, Town Manager
RECOMMENDATION:

Approve and Authorize the Town Manager to sign the Lease Agreement for Edison Hall between the Mammoth Lakes Foundation and the Town of Mammoth Lakes.

BACKGROUND:

The Edison Theatre was closed, and the uses of Edison Hall were severely limited in March 2020 with the declared COVID-19 pandemic. Edison Hall was used for a period of time during the pandemic for a COVID testing site. The Mammoth Lakes Foundation (Foundation) has resumed use of the office areas. The 8,000+/- square foot Edison Hall is located on approximately 7.94 acres of land owned by the Foundation. The Foundation site has gone through several iterations of concept planning with a vision for this site to become the Mammoth Arts and Cultural Center (MACC). This included the construction of a performing arts center, the creation of an outdoor amphitheater, Edison Hall and future housing and parking areas to support the MACC.

The most recent planning efforts resulted in the design of a 300+/- seat performing arts theater, a 500-person amphitheater and ancillary improvements. This design went through initial approval processes including environmental review. The project was not pursued due to escalating cost estimates. Town staff has been involved in these processes over time and have discussed future opportunities on the site. The Town has remained committed to supporting the MACC concept and has set aside $2,500,000 to assist with construction of a facility and $300,000 for annual operations of a facility. Several factors have come together over the past six months creating new opportunities for the Town and the Foundation to work together with other partners to move the vision of the MACC forward and also meet other community needs. The first step in the process is to have Edison Hall and the Theatre reopen for public use as soon as possible. The proposed lease of Edison Hall to the Town will achieve this first step of having Edison Hall open for use.

ANALYSIS:

In reviewing options to reopen Edison Theatre and reengage the local community for programming arts and culture and other activities, a partnership between the Foundation and the Town became the best path forward. The goal is to have the theatre open for spring/summer 2022 programming. The mechanism to achieve this goal is to have the Town lease Edison Hall from the Foundation in a structure that allows the Foundation to

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2 continue to operate in the facility. This proposal addresses the barriers to having the theatre open for programming.

The Town’s lease will provide base funding for the operating costs of the facility and provide part-time staff to assist in operations and coordination of programming use of the facility. Reopening Edison Theatre, engaging the arts and culture community and other past users is the first step in revitalizing this important community asset. The Town’s lease will also provide the Town valuable experience in programming and operating a theatre facility.

A draft lease agreement is attached for consideration and approval. The initial term of the lease is for five years. The lease will begin July 1, 2022. The parties anticipate a renewal of the lease as necessary based on the potential construction of the adjacent performing arts auditorium or upon the end of this lease. The lease payment to be made by the Town is two thousand five hundred dollars ($2,250) per month. Beginning on July 1, 2023, the base lease payment shall increase annually by three percent (3%). The Town will be responsible for minor cleaning and maintenance of the facility, outside of space retained by the Foundation with limited support from the Foundation. The Town will provide staff for operating purposes.

The uses of the facility are similar to previous uses and include the following:
i. Live theatre productions
ii. Live music
iii. Individual and small group entertainment/meetings/presentations iv. Multi-media presentations/seminars
v. Educational forums/classes
vi. Community and school programs
vii. Meeting space for college programs
viii. Public and community meeting space
ix. Office space for Town use
x. Training classes
xi. Arts shows, provided however, that the Foundation shall not be required to remove any existing exhibits
xii. Similar uses to support education, arts and culture and public meeting space xiii. Use of Edison Hall support areas
xiv. Access and use of kitchen area provided the Foundation will review requests by third parties for such access and use on a case-by-case basis. xv. Users, employees, guests, and invitees of Lessee and of third parties authorized to use Edison Hall by Lessee may park in the parking spaces adjacent to Edison Hall or in other parking areas as allowed by Lessee’s agreements with such third parties.

The Town will provide snow removal for the parking area and access to the property as provided for in the lease agreement and may do additional removal for the safe operation of the Theatre parking and pedestrian areas.

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3 The Town will do some one-time improvements to the parking area and access points to ensure compliance with ADA requirements. The Town also plans to use a modular building to add a workshop/storage space. A $100,000 capital allocation was approved for this work.

FINANCIAL CONSIDERATIONS:

The Town will incur lease payments and operational costs under the terms of the lease agreement. The base lease payment for the facility is $2,250 per month with an increase of 3% to be applied each subsequent year. The Town will provide basic maintenance and cleaning of the facility. Staffing for operations includes three part-time positions including a site coordinator and two facility maintenance workers. Based on workload staff may provide services to other town facilities. Costs for FY22-23 are included in the Town’s budget in a new General Fund Department of Arts and Culture. Revenues from users of the facility will offset some costs, but the amount is unknown at this time. The use of $15,000 in Measure U Funds to assist with costs is included in the FY22-23 budget. The budget for FY22-23 is $92,242 plus snow removal costs which are included in the Town’s budget. These costs include establishing a near term broadband connection to the Digital 395 network, which will also serve the planned future expansion.

LEGAL CONSIDERATIONS:

The proposed lease agreement was reviewed by the Town Attorney and Foundation legal counsel.

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1 TOWN OF MAMMOTH LAKES

LEASE AGREEMENT WITH MAMMOTH LAKES FOUNDATION
FOR PROPERTY AND BUILDING LOCATED AT 100 COLLEGE PARKWAY This Lease Agreement ("Lease") is entered into on July 1, 2022 ("Effective Date"), by and between the Town of Mammoth Lakes, a municipal corporation, located at 437 Old Mammoth Road Suite 230, in Mammoth Lakes, California ("Town"), and Mammoth Lakes Foundation, a California non-profit public benefit corporation, located at 100 College Parkway, in Mammoth Lakes California ("MLF"). The Town and MLF are also referred to in this Lease individually as a "Party" or collectively as the "Parties."

RECITALS
A. MLF is the owner of certain real property located at 100 College Parkway, in Mammoth Lakes, California ("Property"). The Property includes approximately 7.94 acres of land and an approximately 8,000 square-foot building commonly known as Edison Hall, consisting of offices, meeting rooms, a kitchen, restrooms, a theatre, storage, and common areas. The Property is depicted in Exhibit A, attached.

B. The Parties anticipate the commencement of construction of a new facility connected to Edison Hall, known as the Mammoth Arts and Culture Center ("MACC"), that will incorporate the existing Edison Hall. A draft site plan for the MACC (performing arts auditorium) is attached as Exhibit B. The construction of the MACC has been a longstanding goal of the Town and MLF, and this Lease is intended, in part, to facilitate the Parties' efforts to achieve that goal.

C. MLF has publicly pledged to contribute a minimum of Nine Million Dollars ($9,000,000), which MLF obtained through a combination of "Measure C" funds and private donations, toward the total costs to design and construct the MACC ("MLF's Pledge"). The Town has publicly pledged to contribute from “Measure U” funds: (1) a minimum of Two Million Five Hundred Thousand Dollars ($2,500,000) toward the cost to construct the MACC; and (2) the amount reasonably required to maintain and operate the MACC upon certificate of occupancy, which the Town estimates at up to Three Hundred Thousand Dollars ($300,000) per year (collectively, the "Town's Pledge").

D. In order to secure the Town's contractual commitment to honor the Town's Pledge, contingent upon MLF's contractual commitment to honor MLF's Pledge, MLF intends to lease the Property to the Town for monthly rent payments that are below the fair market rental value of the Property.

E. The Town and MLF anticipate that during the term of this Lease, the construction of the MACC may commence and proceed for up to two years. In that event, the Town's use and occupancy of the Property may be interrupted, altered, or otherwise impacted.

F. Upon the terms and conditions of this Lease, MLF desires to lease the Property to the Town, and the Town desires to lease the Property from MLF.

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2 G. Concurrently with the execution of this Lease, the Parties intend to execute a Land Use Planning Agreement related to the Property ("Planning Agreement").

TERMS AND CONDITIONS

1. Contingency and Term. The effectiveness and enforceability of this Lease is contingent upon the Parties' concurrent execution of the Planning Agreement. MLF hereby leases the Property to The Town, subject to the provisions of Section 4.4. The term of this Lease shall commence on July 1, 2022 ("Commencement Date"). The Lease shall continue for five (5) years after the Commencement Date.

1.1 If and when construction of the MACC is commenced, the Parties shall discuss whether to continue, modify, or terminate this Lease, provided that if the Parties do not agree to another course of action, then this Lease shall remain in effect.

1.2 If a new lease is not negotiated prior to the expiration of the term of this Lease, and if the Town has not vacated the Property prior to expiration, then tenancy shall continue on a month-to-month basis, until either Party terminates this Lease pursuant to Section 12.

2. Payments and Maintenance.

2.1 Rent Payments. The Town shall pay to MLF, as rent, the sum of two thousand two hundred fifty dollars ($2,250) per month (the "Base Rent Payment"). The first rent payment shall be due and payable on the Commencement Date. Subsequent rent payments shall be due and payable on the 10th day of each calendar month throughout the term of the Lease. Beginning on July 1, 2023, the Base Rent Payment shall increase by three percent (3%) per year.

2.2 One-Time Payment by the Town. Within 30 days of the Effective Date, The Town shall provide MLF a one-time payment of Twenty Thousand Dollars ($20,000), based upon the Parties' mutual acknowledgment that the Base Rent Payments due under this Lease are below the fair market monthly rent for the Property.

2.3 The Town's Pledge. Contingent upon MLF's contribution of MLF's Pledge toward the design and construction of the MACC, the Town agrees to contribute the Town's Pledge toward the construction of, and the annual maintenance and operation of, the MACC.

2.4 Snow Removal. The Town shall provide for or contract for snow removal for the existing parking area adjacent to Edison Hall, as necessary for its use of Edison Hall as provided for in this Lease. Snow removal will be done at the Town’s discretion, provided that the Town shall use it best efforts to ensure that snow is removed from roadways and parking areas when it reaches a depth of 6", and from sidewalks and building entryways when it reaches a depth of 4".

2.5 Edison Hall Maintenance. The Town shall provide for the following items of basic maintenance and cleaning services for Edison Hall:
i. maintaining proper functioning of windows and doors, and the replacement of

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3 broken hardware or glass;
ii. maintaining proper functioning of restroom facilities (excluding the repair or replacement of water or sewer lines);
iii. maintenance of HVAC systems (excluding replacement); iv. repair of damage caused to Edison Hall caused by the Town or others whose use of Edison Hall has been authorized by the Town (excluding any damage caused by MLF or its guests or invitees); and
v. cleaning of Edison Hall.

The Town may perform emergency repairs to Edison Hall to protect the health and safety of the public and to reduce additional damage to Edison Hall. If any such repairs are performed, then the Parties will negotiate as to their respective responsibility for the cost of the repairs.

2.6 Parking Area Maintenance. The Town may, in its sole discretion, but shall not be required to, provide basic maintenance to the parking area adjacent to Edison Hall such as striping, signage, pothole repair, and surface treatments.

2.7 Outside Maintenance. The Town will assist in keeping the immediate outside area, (generally within 50 feet of the Property) and existing landscaping clear of rubbish and dead weeds or other debris that may create a hazard, provided that the scope of such assistance shall be in the Town’s sole discretion. MLF authorizes the Town to assist in the maintenance and improvement of the landscaping in the vicinity of Edison Hall.

2.8 Structural Integrity of Edison Hall. MLF shall repair and maintain the structural portions of Edison Hall, including the exterior walls and roof, exterior windows, as well as the plumbing and electrical equipment in the portions of the Property outside of or attached to Edison Hall.

3. Capital Improvements by the Town. The Town may, upon receipt of MLF's written approval, make capital improvements intended to enhance the accessibility or functionality of Edison Hall and the adjacent exterior areas of the Property. The Town may, at its sole cost, contract for and install any improvements required to connect Edison Hall to "Digital 395" or to otherwise enhance its internet connectivity or capacity. The Town may also install, at its sole cost, any security systems it believes are necessary or prudent to protect its hardware and software systems or other technology and equipment.

4. Uses of Property.

4.1. Use in Compliance with Law. The Town shall: (i) observe and comply with all local, state, and federal laws and regulations, including any Town, County, and State restrictions, laws, and ordinances affecting the Property or occupancy thereof; and (ii) only use the Property for one or more permitted uses, as defined in this Lease.

4.2 Permitted Uses of Edison Hall. For purposes of this Lease, the Town shall use Edison Hall, and may allow others to use Edison Hall, only for the following:
i. Live theatre productions

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4 ii. Live music
iii. Individual and small group entertainment/meetings/presentations iv. Multi-media presentations/seminars
v. Educational forums/classes
vi. Community and school programs
vii. Meeting space for college programs
viii. Public and community meeting space
ix. Office space for Town uses
x. Training classes
xi. Arts shows, provided, however, that MLF shall not be required to remove any existing exhibits
xii. Similar uses to support education, arts and culture, and public meeting space xiii. Use of Edison Hall support areas
xiv. Access and use of kitchen area, provided that the Town will review requests by third parties for such access and use on a case-by-case basis xv. Users, employees, guests, and invitees of the Town and of third parties authorized to use Edison Hall by the Town may park in the parking spaces adjacent to Edison Hall or in other parking areas pursuant to the Town’s agreements with those third parties.

4.3 Sale and Use of Alcohol. The sale and use of alcohol is allowed in compliance with permitting and licensing requirements established by the Town and the State of California.

4.4 MLF's Uses of Edison Hall. MLF may continue to use: (a) the office spaces in Edison Hall that are depicted in red in Exhibit C, attached, or as otherwise designated in writing by the Parties; (b) meeting space; and (c) common areas, the kitchen, restrooms, and storage, provided such uses are not in conflict with the Town’s use or that of other users approved by the Town. MLF may continue the existing month-to-month leases to third parties of the offices in Edison Hall that are depicted in green in Exhibit C and may retain all revenue from those leases, throughout the term of this Lease.

4.5 MLF's Responsibilities for Edison Hall. MLF shall continue in its name and pay for the following utility services throughout the term of the Lease: water and sewer service, electric service, propane, and trash/recycling services; and for the cleaning and maintenance of the office spaces depicted in red and green in Exhibit C.

4.6 Mammoth Ski Museum Items. MLF may remove or leave in place in Edison Hall all items related to the Mammoth Ski Museum. The Town shall have no responsibility or liability for damage to or loss of any such items, unless such damage results from the willful act or negligence of any employee, agent, or invitee of the Town.

5. Discrimination. The Town covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex,

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5 marital status, national origin, or ancestry, in the leasing, use, occupancy, tenure, or enjoyment of Edison Hall, nor shall the Town itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of the Town.

6. Conditions of Property and Disclaimer of Liability.

6.1 Condition of Property. The Town has examined the Property and agrees to take possession of the Property in an “as is” condition. The Town acknowledges and agrees that MLF has made no representations, guarantees, or warranties regarding the Property, nor has MLF made representations, guarantees, or warranties regarding whether the Property and improvements thereon comply with applicable covenants and restrictions of record, building codes, ordinances, or statutes in effect at the commencement date of this Lease.

6.2. Accessibility. MLF shall be liable for any and all fines, penalties, citations, and damages imposed or awarded as a result of the failure of Edison Hall or the Property to comply with accessibility standards of the Americans with Disabilities Act and/or California law (“Accessibility Claims”). To the fullest extent permitted by law, MLF shall defend, indemnify, and hold the Town, its directors, officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any Accessibility Claims, including without limitation the payment of all expert witness fees and attorneys' fees and other related costs and expenses. MLF shall reimburse the Town and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. MLF’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Town, its directors, officials, officers, employees, agents, or volunteers. Pursuant to California Civil Code Section 1938:
“A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or MLF may not prohibit the Town or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Town or tenant, if requested by the Town or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.”

6.3 Damage or Destruction of Premises; Repairs and Maintenance. Unless as the result of negligence or intentional unlawful act of the Town, if during the term of this Lease, any portion of Edison Hall shall be damaged by fire or other catastrophic cause, so as to render such portion of Edison Hall untenable, then the obligations under this Lease may be suspended while

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6 such portion of Edison Hall remains untenable. In the event of such damage, the Town shall give MLF notice of such untenable conditions and MLF shall elect in its sole discretion, whether to repair Edison Hall or to cancel this Lease with respect thereto. In the event that MLF elects not to repair Edison Hall or portion thereof, this Lease shall be deemed canceled as of the date the damage occurred with respect to the applicable portion(s). In the event such damage is not repaired within ninety (90) days and that such damage impairs the Town’s ability to conduct its operations, the Town shall have the option to terminate the Lease.

6.4 Alterations, Additions and Improvements. The Town may not make any alterations, improvements, or additions in, on, or about Edison Hall, including but not limited to the Town’s occupied portion, after providing written notice to MLF but without first obtaining MLF’s prior written consent, provided that the obligation to obtain MLF’s consent shall not apply to repairs nor to non-structural work to improve the condition or extend the useful life of Edison Hall or any portion thereof, including without limitation the installation of new carpet or flooring, painting, and kitchen and/or restroom remodeling. Any and all alterations which become fixtures under California law shall at once become a part of the realty and belong to MLF. The Town shall keep Edison Hall free from any liens arising out of any work performed, materials furnished, or obligations incurred by the Town, and the Town shall be responsible for the removal of any such liens and all costs to remove same. Failure to remove any such liens within thirty (30) calendar days of written request by MLF shall constitute a default of this Lease.

7. Indemnity. Except to the extent such claims, liability, loss, damage, or expenses arise from the negligence of MLF or its agents or employees, the Town agrees to indemnify, defend, and hold MLF, its directors, officers, employees, agents, successors and assigns, volunteers, and guests, and the personal property of the MLF, including the Property, free and harmless of any and all claims, liability, loss, damage, or expenses resulting from the Town’s occupation and/or use of the Property.

8. Insurance.

8.1 The Town shall obtain insurance in the amounts described below unless specifically altered or waived by MLF (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, then such insurance shall apply separately to this Lease or be no less than two times the specified occurrence limit. Notwithstanding any term of this Lease, the Town may furnish the Required Insurance through coverage provided by the Town’s participation in a joint powers self-insurance authority.
i. General Liability Insurance. The Town shall maintain occurrence version general liability insurance, or an equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence, which limit may be satisfied by a combination of primary and umbrella policies. ii. “Workers’ Compensation Insurance. In the event that the Town has any employees who will be working in Edison Hall, the Town shall maintain Workers’ Compensation insurance in compliance with all applicable statutes.

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7 8.2 The general liability insurance policy shall name MLF, its directors, officers, employees, agents, and volunteers as additional insureds. The Required Insurance shall be primary as to the Town’s operations with respect to any insurance or self-insurance programs covering MLF, its directors, officers, employees, agents, and volunteers, or if in excess stand in an unbroken chain of coverage in excess of the Town’s scheduled underlying coverage. The Required Insurance shall contain standard separation of insureds provisions and shall contain no special limitations on the scope of its protection to MLF, its directors, officers, employees, agents, and volunteers.

8.3 The Town shall furnish to MLF properly executed certificates of insurance which evidence all Required Insurance within 30 days of the Effective Date of this agreement. Licensee shall maintain the Required Insurance at all times while this Lease is in effect, and shall replace any certificate, policy, or endorsement which will expire or does expire, within ten (10) business days thereof without a lapse in coverage. The Town shall forward any notice of cancellation to MLF within two (2) business days from date of receipt by the Town. The Town's failure to forward MLF any notice of cancellation issued to the Town shall be considered a breach of this Lease. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to MLF, its directors, officers, employees, agents, and volunteers. Unless approved in writing by MLF, the Town shall place the Required Insurance with insurers licensed or authorized to do business in the State of California and with a current A.M. Best rating of at least A-.

8.4 MLF shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage to Edison Hall in the amount of the full replacement value thereof, insuring against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk excluding earthquake), and sprinkler leakage.

9. Dispute Resolution. If a dispute arises to enforce or interpret the terms of this Lease, then the Parties agree to make a good-faith effort to resolve the dispute by mediation, through a qualified mediator jointly selected by the Parties, before filing any legal action.

10. Attorneys’ Fees. If either Party files a legal action to enforce or interpret the Lease, or the Parties' respective rights and obligations pursuant to the Lease, then the prevailing Party shall be entitled, in addition to any other relief the court may grant, to recover its reasonable attorneys’ fees and costs of suit, including any fees or costs incurred on appeal or in an effort to enforce a judgment.

11. Assignment and Subletting. The Town agrees not to convey, assign, sublet, or encumber any interest in Edison Hall or the Property during the term of this Lease without first obtaining MLF’s prior written approval, which may be granted or refused in MLF’s sole and absolute discretion, notwithstanding sections 1995.260 and 1995.270 of the California Civil Code as they may be amended. Any attempted sale, conveyance, assignment, sublet, or encumbrance shall be void where prior written approval has not first been obtained from MLF. Any assignment or subletting approved by MLF shall not relieve the Town of any of its obligations or liabilities under this Lease for the term of this Lease, and both the Town and any subsequent assignor(s) and MLF(s) will be deemed to be bound by this Lease.

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8 12. Termination. Without limiting its ability to seek other remedies, either at law or in equity, either Party may terminate this Lease and all of the obligations herein, at its option, upon the other party’s breach of any of its obligations under this Lease and failure to cure such breach within thirty (30) days after receipt of written notice from the non-breaching Party or, if such cure cannot be completed within thirty (30) days, then the breaching Party’s failure to commence such cure within thirty (30) days after its receipt of written notice and thereafter failing to diligently prosecute such cure to completion.

In addition to the foregoing, upon expiration of the Lease term provided in Section 1 of this Lease, either Party may terminate this Lease by providing the other Party with thirty (30) days’ prior written notice of its wish to terminate. Notice shall be sent via certified mail, return receipt requested, to the location specified in Section 13 of this Lease, and shall be deemed accepted upon delivery.

13. Notice. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, return receipt requested, and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice or (ii) if mailed, three (3) business days after the date of posting by the United States post office.

To the Town: Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA 93546
Attn: Town Manager
To MLF: Mammoth Lakes Foundation
PO Box 1815
Mammoth Lakes, CA 93546
Attn: Executive Director
Notice of change of address shall be given by written notice in the manner detailed in this Section.

Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request, or communication sent.

14. No Right to Holdover. The Town has no right to retain possession of Edison Hall or the Property beyond the expiration or termination of this Lease. In the event that the Town holds over, the Lease payment amount specified in Section 2 of this Lease shall be increased to one hundred ten percent (110%) of the applicable amount immediately preceding the expiration or termination of this Lease.

15. No Smoking. The Town agrees that it shall not allow the combustion of tobacco or any other substance in a cigar, cigarette, pipe, vape pen, or any similar smoking device in any area of Edison Hall. Smoking is prohibited inside and within an outdoor area that is located within 20 feet of a main exit, entrance, or operable window of Edison Hall.

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9 16. Compliance with Laws. The Town shall comply with all applicable Federal, State, and local laws, regulations, and standards that are or may become applicable to the Town’s occupancy and/or activities in Edison Hall or on the Property. The judgment of any court of competent jurisdiction, or the admission of the Town in a proceeding brought against it by any governmental entity, that the Town has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between the MLF and the Town and shall constitute grounds for declaration of default, material breach, forfeiture, and termination of this Lease by MLF.

17. Cumulative Remedies. No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or inequity.

18. Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute the same instrument.

19. Captions. Any captions to, or headings of, the sections or subsections of this Lease are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of the validity of this Lease or any provision hereof.

20. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Lease shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto.

21. Amendment of Lease. The terms of this Lease may not be modified or amended except by an instrument in writing executed by each of the parties hereto.

22. Waiver. The waiver or failure to enforce any provision of this Lease shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

23. Applicable Law and Venue. This Lease shall be governed by and construed in accordance with the laws of the State of California. Any action to interpret or enforce this Lease shall be brought and maintained exclusively in the Mono County Superior Court.

24. Fees and Other Expenses. Except as otherwise provided herein, each of the Parties shall pay its own fees and expenses in connection with this Lease, including any permit or license fees which The Town may be required to obtain pursuant to its occupancy.

25. Authority to Execute Lease. MLF and the Town warrant that the individuals who have signed this Lease have the legal power, right, and authority to enter into this Lease so as to bind each Party for whom they sign to perform as provided herein.

26. Successors and Assigns. This Lease shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties.

27. Incorporation of Recitals and Exhibits. All of the Recitals and Exhibits to this Lease are incorporated by reference as though fully set forth in this Lease.

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10 28. Entire Agreement. This Lease supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the Town and MLF as to its subject matter. No subsequent agreement, representation, or promise made by either Party, or by or to any employees, officer, agent or representative of either Party shall be of any effect unless it is in writing and executed by the Party to be boundthereby.

IN WITNESS WHEREOF, the Parties executed this Lease to be effective on the Effective Date.

MLF AND THE TOWN HAVE CAREFULLY READ AND REVIEWED THIS LEASE

AND EACH OF ITS TERMS, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT TO THOSE TERMS. THE

PARTIES AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, ITS TERMS

ARE COMMERCIALLY REASONABLE AND EFFECTUATE THEIR MUTUAL INTENT WITH RESPECT TO THE TOWN'S LEASE OF THE PROPERTY.

TOWN
Town of Mammoth Lakes, a municipal
corporation
By:

Name: Daniel C. Holler
Title: Town Manager
Date:

MLF
Mammoth Lakes Foundation, a
California Non-Profit Public Benefit
Corporation
By:

Name: _________________________
Title: __________________________
Date:

By: ___________________________
Name: _________________________
Title: __________________________
Date: __________________________

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11 EXHIBIT A

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12 Concept Development Plan – Subject to Change

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13 EXHIBIT B
(Draft – Subject to Change)

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14 EXHIBIT C

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1 TOWN COUNCIL STAFF REPORT
Title: Land Use Planning Agreement between the Town of Mammoth Lakes and Mammoth Lakes Foundation.

Meeting Date: July 6, 2022
Prepared by: Daniel C. Holler, Town Manager
RECOMMENDATION:

Approve and Authorize the Town Manager to sign the Land Use Planning Agreement between the Town of Mammoth Lakes and Mammoth Lakes Foundation.

BACKGROUND:

The Town of Mammoth Lakes (Town) and the Mammoth Lakes Foundation (Foundation) have been engaged in various discussions, planning processes, and project review actions for the past several years. Planning efforts include the draft June 2005 South Gateway Master Plan which included 86 acres for a variety of public uses including housing, educational uses, and recreational amenities. The area is part of the Gateway District noted in the Town’s General Plan.

The Foundation currently solely owns two parcels totaling approximately 27 acres that have been included in various planning efforts. Recent actions taken include specific changes to zoning to address housing uses in the institutional/public (IP) zoning area. The change allows housing related to public and quasi-public agencies (e.g., education, hospital, town, county, fire and water districts, and similar entities). Most recently the design review and environmental analysis of a proposal to build a 25,494 square foot Arts and Cultural Center (MACC) that included a Performing Arts Theatre, outdoor amphitheater, a new parking lot, improvements to the existing Edison Theatre and existing Edison Theatre parking lot with paved pathways, sidewalks and associated improvements was completed. The development plan was located at 100 College Parkway on the approximately 7.94 acres of land owned by the Foundation, which includes Edison Hall and its adjacent parking lot. The other parcel owned by the Foundation is located at 10 Wagon Wheel Road and includes approximately 19 acres of undeveloped land.

The proposed agreement between the Town and Foundation incorporates and reflects the goals expressed through previous work and is consistent in meeting goals and specific actions noted in the Town’s General Plan. The agreement reflects values and amenities expressed through other adopted Town plans, actions, and voter approved funding sources.

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2 ANALYSIS:

The proposed “Land Planning, Use and Development Agreement” incorporates several uses on the Foundation Property. While still conceptual, information is provided to allow the completion of environmental review processes. The draft layout is subject to minor changes or a reduction in scope. If the agreement is approved, additional field work will commence along with the environmental review and public engagement to finalize development plans.

Facilities, Improvements, and Uses
i. Childcare Facility. The need for expanded childcare facilities in the Town of Mammoth Lakes and Mono County is noted in reports provided by First 5 Mono County and Family and Data information provided by the California Child Care Resource & Referral Network. Data on childcare need is currently being updated, as the demand is expected to increase beyond the last analysis showing a County need of 307 slots, with 231 of those in Mammoth Lakes. The primary reason families seek childcare services is related to employment. One of the impediments to addressing childcare needs is the lack of licensed facilities. The Town, working with the Foundation and Mammoth Unified School District (MUSD) and others, has an opportunity to provide the needed facility. The facility would be operated by a public agency and/or private sector provider.

The planned facility will include 6,600+/- square feet (not to exceed 7,000) facility to accommodate childcare, early childhood education and potential preschool services, and administrative space. The facility may be licensed for 100 – 110 children, and 12+/- infants, with a higher actual number served based on the schedule of services. The facility would be staffed with an estimated 20-25 FTEs. An outdoor play area of 7,800+/- square feet of space is noted to meet license requirements. The facility will utilize existing modular buildings owned by MUSD which are scheduled for removal as part of the Mammoth High School renovations. These buildings need to be removed by the end of June 2023. This is a near-term project planned to be operational in late fall 2023. The buildings need to be improved to meet childcare license requirements, and will be equipped with new siding, roofing, and some design elements. The building foundations and connections to public infrastructure are the critical path elements. This will require bringing on a qualified architectural firm to complete required designs. The adjacent parking lot will require limited maintenance work to meet ADA requirements to denote parking spaces. The Town has set aside $1,650,000 in funding for this project. ii. MACC Support Building. A 1,000+/- sq. ft. support building for the MACC is planned. The building would provide storage for overall site needs, workshop area and related support for the MACC. The building is planned to be operational fall 2023 using a refurbished modular building. The development of the MACC (Remodel of Edison Hall and the 8,000+/-square foot performing

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3 arts auditorium) is proceeding separately by the Foundation. The Town has set aside $100,000 for this project and limited ADA parking improvements. iii. Outdoor Amphitheater. The site plan includes space for an outdoor amphitheater which was part of previous concept planning work related to the broader Mammoth Arts and Cultural Center. The area is 1.1+/- acre in size. It is planned as a standalone facility and is not connected to the other facilities.

Concept design is similar with potential uses to include smaller events and performances with a capacity of 500, with the potential for open area (nonimproved) use that may allow for addition attendees. The timeline for the development of this element has not been established.
iv. Temporary Dog Park. The near-term planning includes an approximate 1+/- acre for a temporary dog park with associated amenities (fencing, water, seating area, small storage for materials, and shade). The temporary Dog Park is planned to open in late summer/fall 2023. The need for a dog park has been identified in previous park planning processes. The need is also apparent given the amount of illegal (dog off leash) activity taking place at the Town’s current parks and sports fields. This use results in enormous amounts of dog waste collected off sports fields and from park areas each year. A dedicated place for this activity will reduce the misuse of parks and sports fields and provide a legal place for off-leash activities. The proposed dog park is located close to Town Multi-Use Paths which are also used for dog walking. The Town has set aside funding of $200,000.
v. Housing Units. The planning effort includes the analysis of a future housing development of up to 20 units on the area designated for the temporary Dog Park, which will then be relocated. Initial design shows 10, two-unit townhome sites (footprint is approximately 635 sq ft per unit), but final configuration and unit count will be determined cooperatively between the Town and Foundation within the noted limits. Currently, there is no identified funding, builder, or operator for the housing project. Inclusion of the housing element meets the longer-term vision of the Foundation to provide housing to supporting public and quasi-public agencies.
vi. Additional Parking. The plan incorporates an estimated 40+/- space parking lot. The lot is proposed to serve the site as overflow parking for the MACC, childcare, and future amphitheater use. The lot is adjacent to the Dog Park/Housing area. The lot will also serve as an access point to the Town’s Multi-Use Path System (MUPS). Recommended funding is $400,000. The overall site is served by transit, where future shelters may be an option. If required power is accessible, the parking areas my serve as an EV charging location.
vii. Snow Storage Area. The concept plan includes a 5+/- acre site as part of the 10 Wagon Wheel Road property for use as a snow storage area. An access road

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4 and security fencing/gate will need to be constructed. The Town will utilize best management mitigation measures on the site. The opportunity for a nearterm additional snow storage area represents a new opportunity to assist the community in managing snow at a more affordable level. The site will not accommodate all the snow generated in a large snow year, and the Town will continue to work with the Inyo National Forest on the current permitted snow storage area. A separate use agreement will be prepared with the Foundation based on the outcome of the environmental planning work, including a funding structure that will benefit the Foundation. The longer-term Foundation vision for this property is for housing development. Therefore, the agreement for use as a snow storage area will be limited in duration. Implementation goal is for winter 2022-23. The Town has set aside funding of $50,000.

The proposed development plan represents an aggressive work program. It represents a substantial Town investment through partnerships to provide new and expanded community facilities and services. The work program extends the Community First investments made during the COVID-19 pandemic and reflects investments to improve quality of life for the greater Mammoth Lakes Community.

Terms
The term of this Agreement shall commence on the Effective Date. The term shall continue for five (5) years after the Effective Date. Upon 60 days' written notice, the Town shall have the option to extend the Agreement for successive one-year terms, for up to an additional five (5) years, unless sooner terminated or amended pursuant to its terms.

FINANCIAL CONSIDERATIONS:

Preliminary budget estimates are funded in the FY22-23 capital budget as noted above.

Work on the planned uses will continue and separate lease agreements for each area to be used by Town will need to be finalized.

ENVIRONMENTAL CONSIDERATIONS:

The planning process includes the completion of the required environmental review process. Previous projects on this site have been reviewed and the information from prior work will assist in this process. The Town has retained the same firm to complete the environmental work in compliance with CEQA once the agreement is approved.

LEGAL CONSIDERATIONS:

The proposed agreement has been reviewed by the Town Attorney and the Foundation legal Counsel.

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1 TOWN OF MAMMOTH LAKES LAND USE PLANNING AGREEMENT

WITH MAMMOTH LAKES FOUNDATION

FOR PROPOSED IMPROVEMENTS ON PROPERTIES LOCATED
AT 100 COLLEGE PARKWAY AND 10 WAGON WHEEL ROAD
This Land Use Planning Agreement ("Agreement") is entered into to be effective on July 1, 2022 ("Effective Date"), by and between the Town of Mammoth Lakes, a municipal corporation, located at 437 Old Mammoth Road, Suite 230, in Mammoth Lakes, California ("Town"), and Mammoth Lakes Foundation, a California Non-Profit Public Benefit Corporation, located at 100 College Parkway, in Mammoth Lakes California ("MLF"). The Town and MLF are also referred to individually as a "Party" or collectively as the "Parties."

RECITALS
A. MLF owns two parcels of real property located at 100 College Parkway and 10 Wagon Wheel Road in Mammoth Lakes, California, which are identified in the satellite photograph attached as Exhibit A (collectively, the " Properties").

B. The parcel located at 100 College Parkway (the "Edison Hall Parcel") includes approximately 7.94 acres of land, an approximately 8,000 square-foot building commonly referred to as Edison Hall, a small storage building and utility-related improvements, and a paved parking area of approximately .4 acres, with the remainder of the parcel as vacant land.

C. The parcel located at 10 Wagon Wheel Road (the "Wagon Wheel Parcel") is approximately 19.05 acres of vacant land.

D. The Town and MLF intend to plan the potential development of the Properties with certain improvements to include: (1) a childcare facility; (2) a support building for the proposed Mammoth Arts and Cultural Center ("MACC"); (3) an outdoor amphitheater; (4) a temporary dog park; (5) up to twenty housing units; (6) additional vehicular parking; and (7) a temporary snow storage area (collectively, the "Proposed Improvements").

E. Upon the terms and conditions of this Agreement, the Town and MLF agree to proceed with planning efforts including, but not limited to environmental analysis, site design, conceptual designs, improvement designs, and certain entitlements and use permits for the Properties, as referenced in the conceptual land use plan attached as Exhibit B.

F. Upon execution of this Agreement, the Town and MLF intend to commence good-faith negotiations of one or more separate agreements and/or leases by which the Parties will document the details of the Town's proposed development of the Proposed Improvements and the proposed uses of the Proposed Improvements by the Town, MLF, and the public.

G. Concurrently with the execution of this Agreement, the Parties intend to execute a Lease Agreement by which the Town will Lease Edison Hall from MLF ("Lease Agreement").

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2 THEREFORE, the Town and MLF agree:

TERMS AND CONDITIONS

1. Contingency and Term. The effectiveness and enforceability of this Agreement is contingent upon the Parties' concurrent execution of the Lease Agreement. The term of this Agreement shall commence on the Effective Date. The term shall continue for five (5) years after the Effective Date. Upon 60 days' written notice, the Town shall have the option to extend the Agreement for successive one-year terms, for up to an additional five (5) years, unless sooner terminated or amended pursuant to its terms.

2. Planning Costs. All costs incurred by the Town in any way related to the planning efforts associated with the Proposed Improvements shall be borne by the Town. The Town shall not take any action to incur, pledge, promise or assign any cost to MLF without its prior written approval.

3. Future Agreements. Notwithstanding any implication to the contrary in this Agreement, this Agreement does not provide the Town any right to enter upon or use any portion of the Properties at any time, or to authorize any third parties to do so, except as reasonably required to plan for the potential installation or construction of the Proposed Improvements on the Properties.

The Parties will negotiate in good faith the terms of one or more leases or other agreements to permit the Proposed Improvements and associated uses on the Properties. If the Parties fail to agree on the terms of any of the Proposed Improvements or associated uses, then the Town shall not proceed with those Proposed Improvements or uses.

4. Access to the Properties. MLF grants the Town permission to access the Properties, upon reasonable notice by email or telephone, for the following purposes:

4.1 Environmental Analysis. The Town will complete all environmental reviews and assessments, including the preparation of all studies, reports, and disclosures which may be required to comply with the California Environmental Quality Act based upon the proposed uses planned for the Properties as depicted in Exhibit B, which shows that all of the Proposed Improvements, with the exception of the Temporary Snow Storage Area, are proposed to be located on the Edison Parcel.

4.2 Site and Facility Design. The site and facility design will include all planning required to facilitate the development of the Properties in phases. This work includes all planning, building, engineering, environmental, and other agency review and permits for the following proposed uses:
i. Childcare Facility. The planned facility will include 6,600+/- square feet (not to exceed 7,000 square feet) of facility space to accommodate childcare and potential pre-school services. An outdoor play area of approximately 7,800 square feet, with the final design based on a requirement to provide 75 square feet of outdoor space per child is proposed. This is a near-term project planned to be operational in the summer/fall of 2023. Operation of the childcare facility by a public agency and/or the private sector is under consideration.

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3 ii. MACC Support Building. A 1,000+/- square foot support building for the MACC is planned. The building would provide storage for overall site needs, a workshop area, and related support for the MACC and Edison Hall operations.

The building is planned to be operational in the summer/fall of 2023. iii. Outdoor Amphitheater. The site plan includes space for an outdoor amphitheater which was part of previous concept planning work related to the MACC. The area is 1+ acre in size. This is a long-term project, and no completion date has been established.
iv. Temporary Dog Park. The near-term plan includes an approximate 1+/- acre temporary dog park with associated amenities (fencing, water, seating area, small storage for materials, and shade). The dog park is planned to be opened in late summer/fall of 2023. The long-term plan is for the dog park to be relocated off-site to accommodate the development of housing units at this location.
v. Housing Units. The planning effort includes the analysis of a future housing development plan of up to 20 units. Initial design shows 10 two-unit townhome sites (footprint is approximately 635 square feet per unit), but final configuration and unit count will be determined cooperatively between the Town and MLF within the noted limits. Currently, there is no identified funding, builder, or operator for the proposed housing project. vi. Additional Parking. The plan incorporates an estimated 40-space parking lot.

The lot is proposed to serve all services provided on the properties and provide additional spaces near an access point to the Town’s Multi-Use Path System (MUPS). Pending the public bidding process, this project is planned for completion in the summer/fall of 2023.
vii. Temporary Snow Storage Area. The concept plan includes a 5+/- acre site on the 10 Wagon Wheel Road property to be used as a temporary snow storage area. Access road, security fencing/gate, and best management mitigation measures shall be included. The Parties will attempt in good faith to negotiate a separate use agreement for the site based on the outcome of the environmental planning work. The agreement shall include a funding structure to compensate MLF. The implementation goal is for winter 2022-23.

4.3 Building Materials. The Foundation is aware of and consents to the Town’s planned reuse of up to six modular buildings for the childcare facility and one modular building MACC support building. Other than these, the Town will not place any additional modular buildings on any portion of the Property. All construction and buildings will comply with applicable Town codes.

4.4 Site Maintenance and Care. The Town shall use best management practices in accessing the site for planning and environmental work and for the use of

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4 the Properties for site analysis, development activities, security, construction, utility connections, grading, and related work. The Town will provide all maintenance required for the temporary dog park and associated amenities, the additional parking lot, improved MUPS/sidewalks, fencing, and any public utilities under Town control.

The Town will provide for ongoing maintenance, mitigation, and site remediation as required for the temporary snow storage area. Maintenance of new structures is not the responsibility of MLF; the Town and/or operator of the facilities will be responsible for maintenance of all buildings and appurtenances. The Town will be responsible for snow removal for the new parking lot, improved sidewalks, or MUPS at its sole discretion.

5. Indemnity. Except to the extent to which any claims, liability, loss, damage, or expenses arise from the negligence of MLF or its agents or employees, the Town agrees to indemnify, defend, and hold MLF, its directors, employees, agents, successors and assigns, volunteers, and guests, and the personal property of MLF, including the Property, free and harmless of any and all claims, liability, loss, damage, or expenses resulting from Town’s occupation and/or use of the Property, specifically including:
i. The death or injury of any person or persons, including any person who is an employee, agent, guest, or customer of the Town,
ii. The damage or destruction of the Property or any Improvements by any person who is an employee, agent, guest, or customer of Town,
iii. Any work performed on the Properties or materials furnished to the Property at the insistence or request of Town; and
iv. The Town’s failure to perform any provision of this Agreement, or to comply with any requirement of local, state, or federal law or any requirement imposed on Town or by any duly authorized governmental agency or political subdivision.

6. Hazardous Materials Prohibited. The use, generation, storage or disposal of Hazardous Materials on the Properties is strictly prohibited, and any such use, generation, storage, or disposal shall result in a default and termination of this Agreement. For the purpose of this section, Hazardous Materials shall include, without limitation, substances defined as “hazardous substances”, “hazardous materials”, “toxic substances”, “hazardous wastes”, “extremely hazardous wastes”, or “restricted hazardous wastes”, or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. sections 9601, et seq; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seq; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq; the Federal Water Pollution Control Act, 33 U.S.C. sections 1317, et seq; sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time.

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5 7. Insurance.

7.1 The Town shall obtain insurance in the amounts described below unless specifically altered or waived by MLF (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, that insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. Notwithstanding any provision of this Agreement, the Town may furnish the Required Insurance through coverage provided by Town’s participation in a joint powers self-insurance authority.
i. General Liability Insurance. Town shall maintain occurrence version general liability insurance, or an equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence, which limit may be satisfied by a combination of primary and umbrella policies. ii. Workers’ Compensation Insurance. In the event that the Town has any employees who will be working on the Properties, it shall maintain Workers’ Compensation insurance in compliance with all applicable statutes.

7.2 The general liability insurance policy shall name MLF, its directors, officers, employees, agents, and volunteers as additional insureds. The Required Insurance shall be primary as to Town’s operations with respect to any insurance or self-insurance programs covering the Foundation, its directors, officers, employees, agents, and volunteers, or if in excess, shall stand in an unbroken chain of coverage in excess of Town’s scheduled underlying coverage. The Required Insurance shall contain standard separation of insureds provisions and shall contain no special limitations on the scope of its protection to MLF, its directors, officers, employees, agents, and volunteers.

7.3 The Town shall provide MLF properly executed certificates of insurance which evidence all Required Insurance prior to initiating any work on the property. The Town shall maintain the Required Insurance at all times while this Agreement is in effect, and shall replace any certificate, policy, or endorsement which will expire ten (10) business days before expiration without a lapse in coverage. The Town shall forward any notice of cancellation to MLF within two (2) business days from the date of the Town's receipt. The Town's failure to forward MLF any notice of cancellation issued to the Town shall be considered a breach of this Agreement. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to MLF, its directors, officers, employees, agents, and volunteers. Unless approved in writing by MLF, the Town shall place the Required Insurance with insurers licensed or authorized to do business in the State of California with a current A.M.

Best rating of at least A-.

8. Attorneys’ Fees. If any legal action or proceeding is commenced between the Parties concerning the Properties or the Parties' respective rights and obligations pursuant to this Agreement, t h e n the prevailing party in that action or proceeding shall be entitled, in addition to such other relief as may be granted, to recover its reasonable attorneys’ fees and costs, including any fees and costs incurred on appeal or in any effort to enforce a judgment.

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6 9. Termination. Without limiting its ability to seek other remedies, either at law or in equity, either Party may terminate this Agreement and all of the obligations herein, at its option, upon the other Party’s breach of any of its obligations under this Agreement and failure to cure such breach within thirty (30) days after receipt of written notice from the non-breaching Party or, if such cure cannot be completed within thirty (30) days, the breaching Party’s failure to commence such cure within thirty (30) days after its receipt of written notice and thereafter failing to diligently prosecute such cure to completion. In addition, upon expiration of the initial term provided in Section 1 of this Agreement, either Party may terminate this Agreement by providing the other Party thirty (30) days’ prior written notice of its desire to terminate. Notice shall be sent via certified mail, return receipt requested, to the location specified in Section 9 of this Agreement, and shall be deemed accepted upon delivery.

10. Notices. All notices or other communications required or permitted under this Agreement shall be in writing, and shall be personally delivered or sent by registered or certified mail, return receipt requested, and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice and (ii) if mailed, three (3) business days after the date of posting by the United States post office.

To Town: Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA 93546
Attn: Town Manager
To MLF: Mammoth Lakes Foundation
PO Box 1815
Mammoth Lakes, CA 93546
Attn: Executive Director
Notice of change of address shall be given by written notice in the manner detailed in this Section.

11. Compliance with Laws. The Town shall comply with all applicable Federal, State and local laws, regulations and standards that are or may become applicable to Town’s occupancy and/or activities on the Properties. The judgment of any court of competent jurisdiction, or the admission by the Town in a proceeding brought against it by any governmental entity, that the Town has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between MLF and the Town and shall constitute grounds for declaration of default, material breach, forfeiture, and termination of this Agreement by MLF.

12. Cumulative Remedies. No remedy or election contained in this Agreement shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies available at law or inequity.

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7 13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

14. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any of its provisions.

15. No Obligations to Third Parties. Except as otherwise expressly provided in this Agreement, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties, to any third parties.

16. Amendment of Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties.

17. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision.

18. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action to interpret or enforce this Agreement shall be brought and maintained exclusively in the Mono County Superior Court.

19. Fees and Other Expenses. Except as otherwise provided in this Agreement, each of the Parties shall pay its own fees and expenses in connection with this Agreement, including any permit or license fees which Town may be required to obtain pursuant to its occupancy.

20. Authority to Execute Agreement. MLF and the Town warrant that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind each Party for whom they sign.

21. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties.

22. Incorporation of Recitals and Exhibits. Each and all of the Recitals and Exhibits to this Agreement are incorporated by reference as though fully set forth in this Agreement.

23. Entire Agreement. This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the Town and MLF as to its subject matter. No subsequent agreement, representation, or promise made by either Party, or by or to any employees, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound by it.

IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date.

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8 MLF AND THE TOWN HAVE CAREFULLY READ AND REVIEWED THIS

AGREEMENT AND EACH OF ITS TERMS AND CONDITIONS, AND BY THE

EXECUTION OF THIS AGREEMENT CONFIRM THEIR INFORMED AND
VOLUNTARY CONSENT TO BE BOUND BY IT. THE PARTIES AGREE THAT, AT

THE TIME THIS AGREEMENT IS EXECUTED, ITS TERMS ARE COMMERCIALLY

REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF MLF AND THE TOWN.

THE TOWN
Town of Mammoth Lakes, a municipal
corporation
By:

Name: Daniel C. Holler
Title: Town Manager
Date:

MLF
Mammoth Lakes Foundation, a
California Non-Profit Public Benefit
Corporation
By:

Name: _________________________
Title: __________________________
Date:

By: ___________________________
Name: _________________________
Title: __________________________
Date: __________________________

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9 EXHIBIT A

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10 EXHIBIT B

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Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve re-establishment of the Inyo-Mono Broadband Consortium under the Eastern Sierra Council of Governments (ESCOG) and for ESCOG to apply for funding under the California Advanced Services Fund.

Council Meeting Date: 7/6/2022
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Approve Resolution directing the Eastern Sierra Council of Governments to apply for broadband consortia funding allocated under the California Advanced Services Fund to re-establish the Inyo-Mono Broadband Consortium.

Summary: On May 19, 2022 the California Public Utilities Commission (CPUC) adopted Decision (D). 22-05-029 which made programmatic changes to the California Advanced Services Fund (CASF) Consortia Grant Account and allocated $10.71m of funding for California regional broadband consortia in FY 22-23. Broadband Consortia are recognized and funded by the CPUC to facilitate the deployment of broadband services by providing the local expertise necessary to conceptualize broadband projects which could be funded under grant programs, such as those created under SB 156 and AB 164.

The Town has been part of two separate broadband consortia over the past decade – the Eastern Sierra Connect Regional Broadband Consortium (2012 – 2015) and the first iteration of the Inyo-Mono Broadband Consortium (2016-2019). The primary focus of the work performed under both entities was to effectively leverage the opportunities created by Digital 395 - namely developing new last-mile broadband offerings and encouraging broadband adoption through awareness and marketing campaigns.

By leveraging CASF funding and taking a regional approach to work efforts we can better utilize resources, focus on “economy of scale” types of projects and initiatives, and keep a collaborative approach in broadband related economic development opportunities. The Town is working on the process to apply for CPUC funding under the Local Agency Technical Assistance (LATA) grant program for eligible preconstruction work to provide needs assessments, environmental and engineering studies, network design, and broadband strategic plans. The effort is being coordinated with Golden State Connect Authority as we have expressed our interest to work in partnership on project development and deployment. The IMBC regional perspective well benefit this effort.

Under the guidance and direction of the Eastern Sierra Council of Governments (ESCOG), the IMBC would:
 Hire a Regional Broadband Coordinator (housed by member agency)  Refine and implement broadband strategies
 Assist with grant applications and administration
 Further the development of economic development initiatives related to broadband Inyo County will serve as Fiscal Agent in support of the IMBC and serve as the hiring ESCOG member for the coordinator position pending a successful grant. Mammoth Lakes will provide necessary clerking services as provided for ESCOG. The IMBC can request up to $200,000 per year for four consecutive years.

The attached draft resolution supports the re-establishment of the IMBC under ESCOG and authorizes ESCOG to take the necessary actions to apply for grant funding, and related matters.

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RESOLUTION NO. 2022 -______

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH

LAKES, STATE OF CALIFORNIA, REQUESTING AND APPROVING A PROGRAM

OF WORK FOR THE EASTERN SIERRA COUNCIL OF GOVERNMENTS RELATED

TO THE INYO-MONO BROADBAND CONSORTIUM
WHEREAS, from approximately 2016 to 2019, the Inyo-Mono Broadband Consortium (IMBC) operated within and under the governance of the Eastern Sierra Council of Governments (ESCOG); and
WHEREAS, during this time, the IMBC was awarded roughly $105,000 of funding from the Consortia Account of the California Advances Services Fund (CASF) administered by the California Public Utilities Commission (CPUC); and
WHEREAS, the IMBC used these funds to achieve crucial regional goals related to improving broadband access and adoption, including developing awareness around broadband offerings, producing tools to assist with selecting providers, assisting with policy creation within the agencies, and developing marketing materials; and
WHEREAS, in April 2019, when the CASF grant was fully expended, the IMBC went dormant; and
WHEREAS, in January 2020, the ESCOG modified its organizational structure and entered into a formal joint powers authority agreement that includes the City of Bishop, County of Inyo, Town of Mammoth Lakes, and County of Mono; and
WHEREAS, section 3.01 of the ESCOG JPA agreement requires ESCOG to obtain the approval of all four of its member agencies before engaging in substantive projects, such as applying for grants or participating in state or federal programs; and WHEREAS, in early June 2022, ESCOG administration became aware that the CPUC adopted Decision 22-05-029, which modified the rules for CASF consortia, expanded the activities that consortia could engage in, and allocated an additional $10.7 million in grant funding for consortia to spend on any of the following eligible activities:
 Collaborating with the Commission and other state agencies to engage regional consortia, local officials, internet service providers (ISPs), stakeholders, and consumers regarding priority areas and cost-effective strategies to achieve the broadband access goal.
 Identifying potential CASF infrastructure projects or potential broadband deployment projects related to new programs created under SB 156 and AB 164, along with other opportunities, where providers can expand and improve their

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Resolution No. 22-

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infrastructure and service offerings to achieve the goal of reaching 98% broadband deployment in each consortia region.
 Assisting potential CASF infrastructure applicants or potential applicants for broadband deployment projects related to the new programs created under SB 156 and AB 164 in the project development or grant application process.  Conducting activities that will lead to or that can be reasonably expected to lead to CASF infrastructure projects or broadband deployment projects related to new programs created under SB 156 and AB 164, including but not limited to the following examples of allowable activities:
o Supporting project permitting activities.
o Engaging local government officials and communities to better understand and explain regional broadband needs and solutions and providing technical assistance to such entities.
o Conducting an inventory of public assets (e.g., rights-of-ways, publicly owned towers, public utility poles, equipment housing, publicly owned property) and aggregate demand, including speed tests and the identification and updates of priority areas.
 Assisting the Commission in publicizing requests for wireline testing volunteers in areas, as needed.
 Assisting the Commission in promoting broadband deployment in California, related to the Federal Funding Account and other programs including Middle-Mile, Broadband Loan Loss Reserve, and Local Agency Technical Assistance created under SB 156 and AB 164.

WHEREAS, in order to prepare a strong application to access this latest round of CASF and avoid duplication of efforts, the members of the IMBC should agree upon a central entity to house and administer the IMBC, agree upon basic details regarding the governance of the IMBC, and assign an entity to submit a CASF application on behalf of all members of the IMBC; and WHEREAS, ESCOG is qualified to fulfill the tasks enumerated above. The IMBC was previously housed within ESCOG from 2016-2019. Additionally, ESCOG is a regional entity whose Board contains representatives from all four entities that make up the IMBC.

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

1. The Town of Mammoth Lakes requests that ESCOG engage in a program of work related to the IMBC. Specifically, the Town requests that:
a. ESCOG house the IMBC within its governance structure and provide administrative support to the IMBC.
b. The Board of Directors of ESCOG serve as the Board of the IMBC.

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Resolution No. 22-

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c. On behalf of the Eastern Sierra region, ESCOG submit all applications and materials necessary to access the CASF made available by the CPUC’s Decision 22-05-029.

2. Should ESCOG choose to engage in the IMBC Program of Work, ESCOG is empowered to apply for, administer, and expend grants and other sources of revenue to participate in regional broadband development efforts, including but not limited to the CASF made available by Decision 22-05-029; take official positions on matters of policy related to regional broadband development efforts; serve as the governing body of the IMBC; engage in any actions already authorized by the ESCOG Joint Powers Agreement including the securing of appropriate levels of insurance and hiring personnel; and take any other actions reasonable related to its pursuit of the above-mentioned broadband development activities, provided, however, that the IMBC Program of Work shall not be authorized to incur debt that is not otherwise secured by the Program’s identified revenue. Member agency funding to support such work is subject to approval by each agency and action by the ESCOG shall not obligate members financially.

APPROVED AND ADOPTED this 6th day of July 2022.
________________________
LYNDA SALCIDO, Mayor
ATTEST:
____________________________
JAMIE GRAY, Town Clerk

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1 TOWN COUNCIL STAFF REPORT
Title: Authority to work with Golden State Connect Authority (GSCA) to apply for $500,000 in grant funding for a broadband deployment plan for Mammoth Lakes.

Meeting Date: July 6, 2022
Prepared by: Daniel C. Holler, Town Manager
RECOMMENDATION:

Authorize the Town Manager to work with and sign necessary agreements with the Golden State Connect Authority (GSCA) to apply for up to $500,000 in Local Area Technical Assistance grant funding to support the potential for broadband development in the Town of Mammoth Lakes.

BACKGROUND:

High quality broadband service has been a priority for the Town of Mammoth Lakes for over a decade. Following the completion of Digital 395, Town staff worked closely with Suddenlink to encourage and ultimately compel them to invest in our community by upgrading equipment to improve their service offerings. As a result of these efforts, in 2014 Suddenlink launched Gigabit service in Mammoth Lakes. For a period of time, Mammoth was Suddenlink's only Gigabit market in California and both the quality of Suddenlink customer service and network performance in Town was admirable. Following the acquisition of Suddenlink by Altice in mid-2015, however, challenges began to arise which over the years have translated into a host of network challenges and associated customer frustrations. For the past few years staff have been looking for opportunities to improve broadband services including options to extend additional fiber connections within the community.

With the recent passing of SB 156 comes broadband policy and funding never before seen in California. Under this legislation are programs to develop a statewide open access middle-mile network (Statewide Middle Mile Initiative), allocate funding to each County for developing lastmile in un-served communities (Federal Funding Account), and assist local agencies in planning and preparing for the future of broadband within their jurisdictions (Local Area Technical Assistance or LATA).

Given the availability of Digital 395 (which resembles the State's middle-mile efforts in other parts of California) and the availability of broadband with speeds greater than 25mbps in the community, the Town of Mammoth is not eligible for SB 156 funding to build out new broadband offerings.

However, other opportunities for improving broadband service in Mammoth do exist and have been receiving attention from Town staff.

ANALYSIS:

Late last year, the Rural County Representatives of California (RCRC) established a new Joint Powers Authority known as the Golden State Connect Authority (GSCA). The intent of the GSCA is to leverage additional funding from SB 156 via the Loan Loss Reserve Program coupled with

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2 the capacity and knowledge within RCRC to bond for additional monies which could be used to develop new fiber-based broadband networks.

Over the past year, the GSCA has been evaluating initial project areas for the deployment of openaccess, public benefit, last mile, municipal broadband infrastructure. The open-access model allows and invites participation from all providers, thus creating choice for those living and working in California’s rural areas. While rigorous business factors have been used to narrow the initial list of project areas, GSCA is now working with the local governments representing these areas to affirm interest and partnership as we work toward project deployment. Mammoth Lakes was identified as a potential area to pursue grant funding for the planning, engineering, and design of an expanded community-wide fiber network. Town staff has expressed the Town’s interest to work in partnership with GSCA on this effort.

To determine whether Mammoth Lakes may be a viable community for such a project, GSCA is assisting the Town of Mammoth Lakes with the identification and acquisition of resources via the Local Area Technical Assistance (LATA) program. This program grants local agencies up to $500,000 for the preparatory work needed for broadband development (such as strategic planning, environmental review, engineering and design, and staff time). Working through GSCA a qualified engineering firm in the development and design of a broadband, fiber network will be retained to assist in the application process. If a grant is secured, then a full design of community wide fiber network would commence. Once the planning, engineering, design, and environmental work is final the economics of implementing the plan will be reviewed. If it is determined that there is adequate demand to support the installation of the system, then a third-party provider under GSCA will take on project and risks associated with building out the system. While this will require a substantial amount of work and time, the first step is to apply for funding to do the initial engineering, design, etc. The Town may need to serve as the fiscal agent for the project and will need to coordinate with GSCA and the selected engineering team on the project.

FINANCIAL CONSIDERATIONS:

Staff time will be required to assist in the grant funding application. If successful, the Town may be required to provide fiscal services and cash flow for the grant reimbursement requirements.

There is no direct match for the grant. Once the grant program application process is final, any additional information will be provided to Council.

ENVIRONMENTAL CONSIDERATIONS:

The grant application project will not require environmental work. If the grant is received, the grant may be used later in the process to complete any required environmental analysis.

LEGAL CONSIDERATIONS:

The Town Attorney has been part of the initial discussions and will continue to represent the Town in any agreements or other actions required to be undertaken by the Town.

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1 TOWN COUNCIL STAFF REPORT
Title: Approval of lease agreement with Mammoth Unified School District, Mono County Office of Education, and the Town for development of tennis and pickleball courts.

Meeting Date: July 6, 2022
Prepared by: Stuart Brown, Parks and Recreation Director Haislip Hayes, PE Public Works Director
RECOMMENDATION:

Town Staff recommends the Town Council take the following actions:
 Authorize the Town Manager to execute a lease agreement with MUSD and MCOE for adaptive reuse of the existing Multi-use Facility site.  Authorize the Town Manager to execute a contract with GameTime C/O Great Western Recreation in an amount not to exceed $100,000 for multi-use court installation.

BACKGROUND:

The Town of Mammoth Lakes has held a lease agreement since 2007 with the Mammoth Unified School District (MUSD) and Mono County Office of Education (MCOE) to operate a Multi-Use Facility on two acres of land adjacent to the District offices. The lease agreement facilitated the development of a concrete slab that created a more reliable ice rink/RecZone that has been in operation since 2011. The facility will no longer be used as an ice rink/RecZone by the Town Parks and Recreation Department as the new Community Recreation Center (CRC) is scheduled to operate this winter. The existing infrastructure (concrete slab, perimeter fence, restrooms, garage, etc.) at the facility is in relatively decent shape and could be used for other purposes until such time that MUSD and MCOE develop the site.

Members of the community have voiced their concerns over the condition of the existing tennis courts at the Community Center Park. The six asphalt tennis courts have exceeded their useful life and the cost of on-going maintenance is unsustainable and the cost to replace is prohibitive (est. $1,000,000). Staff is recommending the adaptive re-use of the ice rink slab to provide one (1) regulation tennis court and two (2) regulation pickleball courts. The concrete slab will provide a more reliable and consistent surface for these sports and not require the extensive annual maintenance compared to the existing asphalt courts.

The three new courts are appropriately sized and placed on the existing slab (see figure 1) and will require only a minimal amount of work to make the facility operational for these uses.

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2 Staff envision a passive use of the site, that will be made available for public recreation use on a first-come, first-serve basis, with the exception of MUSD/MCOE and Town Parks and Recreation programs, and special events that will take priority. The Town has received a bid from GameTime c/o Great Western Recreation for the rehabilitation of the proposed tennis/pickleball facility. The bid from Great Western comes to the Town through cooperative purchasing agreements (Omnia Partners) and as per Section 3.20.290 of the Town of Mammoth Lakes Municipal Code, is exempt to open market, informal or formal bid competitive bidding procedures and requirements. If approved, the installation would occur this summer/fall.

The scope of work includes the following:
 Installation of approximately 585 LF of perimeter 8-foot-high court fencing (galvanized black vinyl coated) around the courts
 Installation of 60 LF of 4-foot-high interior fencing between the two (2) pickleball courts
 Installing one (1) set of in-ground tennis and two (2) sets of pickleball sleeves for the net posts
 Painting one (1) regulation tennis court with 2-colors  Painting two (2) regulation pickleball courts with 3 colors  Painting white striping on all three (3) courts
Figure 1 - proposed site design

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3 FINANCIAL CONSIDERATIONS:

The proposed agreement will permit the Town to lease the facility for $1 per year. The Town will continue to pay for snow removal for the site as it has since 2007. This snow removal work is included in the current budget and is contracted to a third-party. The cost of the installation will be funded by the $100,000 set aside for Park and Recreation improvements and maintenance. This funding was also included in the recently approved fiscal year 2022/23 Town budget.

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THIRD AMENDMENT TO MULTI-USE FACILITY LEASE AGREEMENT
(Mammoth Ice Rink Site)
THIS THIRD AMENDMENT to Multi-Use Facility Agreement (“Third Amendment”) is made this June 14, 2022, by and between the Mammoth Unified School District, a California public school district located in the County of Mono, California, (“District”), the Mono County Office of Education (“MCOE”) and the Town of Mammoth Lakes (“Town”).

District, MCOE and Town may be individually referred to herein as a “Party” or collectively referred to herein as the “Parties.”

RECITALS

1. WHEREAS, the Parties entered a Joint Use and Lease Agreement for the Use of Land and Development, Maintenance, Scheduling and Operations of an Ice Rink dated as of May 14, 2007 (“Original Agreement”) for the Town’s use and development of real property located on the south side of Meridian Boulevard, east of the intersection of Sierra Park Road and commonly referred to as the Mammoth Ice Rink (“Property”); and

2. WHEREAS, the Original Agreement was thereafter modified by the District and Town pursuant to a Memorandum of Understanding executed by the Parties and dated as of June 29, 2012 (“MOU”), to modify the term, revise the termination provisions and reduce the annual lease payments as more fully described in the MOU; and

3. WHEREAS, on June 22, 2017, the Parties executed a Multi-Use Facility Agreement (“Agreement”) setting forth the restated agreement among the Parties related to the Property; and

4. WHEREAS, on October 25, 2018, the Town made a formal request to both the District and MCOE to extend the term of the Agreement; and

5. WHEREAS, on March 28, 2019, the Parties executed a First Amendment to the Agreement that extended the term, increased the annual lease payments, modified the parking lot provisions, and such other matters subject to the terms and conditions set forth therein; and

6. WHEREAS, after a further request to extend the term, on June 24, 2021, the Parties executed a Second Amendment to the Agreement that extended the term, increased the annual lease payments, modified the termination provisions and included a request by the District for the removal of certain hard surfaces, and such other matters subject to the terms and conditions set forth therein; and

7. WHEREAS, the Agreement as amended expires on June 30, 2022; and

8. WHERAS, on April,12 2022, the Town made a request to the District to further modify the terms of the Agreement; and

9. WHEREAS, the Parties now intend to amend the Agreement to mutually extend the term, modify (by reducing) the annual lease payment, to permit the Town to install, within the footprint of the existing ice rink’s slab area, surfaces for other non-fee based recreational and athletic uses (“New Surface(s)”) as further described hereunder, and such other matters subject to the terms and conditions set forth herein.

NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the Parties agree to amend the Agreement as follows:

AMENDMENT

1. Incorporation of Recitals; Defined Terms. The foregoing Recitals are true and correct and are incorporated into this Third Amendment by this reference. Any capitalized terms not specifically defined herein will have the same definition given to those terms in the Agreement.

2. Revision of Recital 1.8. To identify the New Surfaces as being subject to the Agreement, Subsection

1.8 of Section 1 of the Agreement is hereby deleted and replaced with the following:
“TOWN is interested in continuing to operate an ice rink and provide recreational services that include the existing ice rink, concession, sitting area, skate rental, equipment storage, restrooms, utilities and infrastructure, lighting, shared parking and pedestrian access (hereinafter collectively referred to as the “ice rink”), and to include, if constructed, tennis courts, pickle ball courts, and other sports courts (collectively, “New Surface(s”), to meet the recreation and athletic needs of the community.”

3. Terms Applicable to New Surface(s). The Parties agree that any reference to the “ice rink,” and/or any obligation pertaining thereto, in the Agreement, shall also mean “New Surface(s).” The

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Agreement shall be read and interpreted broadly to apply any obligation pertaining to the “ice rink” as applying to the “New Surface(s).”

4. Expanding Use. To add the New Surfaces as a permitted use, the following is added as the last sentence of Subsection 2.1 of Section 2 of the Agreement:
“In addition to the ice rink, TOWN may use the PROPERTY to design, construct, operate, and maintain the New Surfaces on top of, and within in the footprint of, the existing ice rink’s slab area (“Existing Ice Rink Footprint”).”

5. Mutual Extension of the Term. Upon expiration of the current term on June 30, 2022, the Term of the Agreement will be extended by mutual agreement of the Parties for an additional five (5) years.

Accordingly, Section 3 is hereby deleted and replaced with the following:
“3. TERM. The “Term” of this Agreement shall commence on July 1, 2022, and shall remain in effect until June 30, 2027 (“Term”). The PARTIES shall have the option to renew the Term of this Agreement for successive one (1) year terms, or a shorter period, upon written request from TOWN to DISTRICT at least sixty (60) calendar days before the expiration of the then current Term, and written approval thereof by DISTRICT.”

4. Rent. The Parties agree to reduce the annual rent. Accordingly, Subsection 5.1 of Section 5 of the Agreement is hereby deleted and replaced with the following:
“5.1. For and in consideration of the TOWN’s use of the PROPERTY, commencing on July 1, 2022, TOWN shall pay to DISTRICT the sum of one dollar ($1) per-year for lease of the PROPERTY, subject to Town’s payment of any other cost as set forth in the Agreement.”

5. Expansion of Design and Construction Provisions. The Parties agree to expand the potential uses of the Property to include the design and development of New Surfaces within the Existing Ice Rink Footprint. Accordingly, the following is hereby added as Subsection 6.8 and 6.8.1 through 6.8.2 to Section 6 of the Agreement:
“6.8 TOWN is permitted to construct the New Surfaces, within the Existing Ice Rink Footprint, to facilitate non-fee based recreational and athletic uses as set forth hereunder. TOWN may ONLY install the following New Surfaces consistent with the requirements of this Agreement: (i) one (1) regulation size tennis court; and (ii) two (2) regulation pickleball courts. Unless agreed to by DISTRICT in writing, construction of the New Surfaces and any improvement related thereto, shall only be permitted within the Existing Ice Rink Footprint. The New Surfaces may be fenced, striped and surfaced with permanent or temporary netting. TOWN will be responsible for the design and construction of the New Surfaces at its sole cost and expense. TOWN will also remove from the Property all ice rink components such as dasher boards, chiller equipment, unused storage trailers, and any other amenities not required for the New Surfaces. All underground infrastructure, lighting, parking and buildings on permanent foundations will remain to support the New Surfaces. TOWN will make the facility available for exclusive use for the DISTRICT from 8am – 12pm. Public use will be scheduled from 12pm to dusk during summer/fall. The New Surfaces will not be actively monitored by TOWN during the time any New Surface(s) are open to the public, but TOWN will maintain the PROPERTY and any New Surface as required by this Agreement, including, without limitation, by removing trash/recycling and servicing the public restrooms. “6.8.1 TOWN’s design and construction of any New Surface shall comply with all design and construction requirements applicable to the “ice rink” in this Agreement.

6.8.2 Without in any way limiting the generality of the foregoing, if any New Surface(s) is constructed, any section in this Agreement applicable to the use of the PROPERTY and ice rink shall be construed as applying to the New Surface(s) and any associated use(s) thereof, including, without limitation, maintenance, liability, insurance, indemnity, termination, removal of improvements, condemnation.”

6. Clarification of Use. To clarify the permitted activities upon the New Surface(s), the following is added as the last sentence of Section 7.1.a, of Section 7 of the Agreement:
“In addition, any New Surface(s) may be utilized for non-fee based recreational and athletic uses reasonably suitable for, and consistent with the purpose(s) of, the New Surface(s).” Third Amendment to Multi-Use Facility Lease (Mammoth Ice Rink) – MUSD, MCOE & Town Page 1 Page 512 of 528

7. Adjustment to Termination. The Parties agree to adjust the termination provisions in light of the adjustment to the permitted use. Accordingly, the following is added to Subsection 12.1 of Section 12 of the Agreement:
“In addition, DISTRICT may terminate this Agreement for its own convenience upon ninety (90) calendar days prior written notice to TOWN.”

8. Miscellaneous. This Third Amendment may be executed in any number of counterparts all of which when taken together shall constitute one and the same document. Except as expressly modified by this Third Amendment, all other terms and provisions of the Agreement, First Amendment, and Second Amendment, are in full force and effect. This Third Amendment shall be governed and construed in accordance with the laws of the State of California.

The Parties hereto have executed this Third Amendment as of the date set forth above.

ACCEPTED AND AGREED on the date indicated below:

Dated: _____________________________ , 2022 Dated: ____________________________ , 2022 Mammoth Unified School District
By: _______________________________________
Print Name: ________________________________
Print Title:___________________________________
Dated: _____________________________, 2022
Town of Mammoth Lakes
Mono County Office of Education
By: ______________________________________
Print Name: ________________________________
Print Title:___________________________________
By: _______________________________________
Print Name: ________________________________
Print Title:___________________________________
Dated: _____________________________ , 2022
Third Amendment to Multi-Use Facility Lease (Mammoth Ice Rink) – MUSD, MCOE & Town Page 2

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1 Jamie Gray
From: Patricia Agnitch <[email protected]>
Sent: Tuesday, July 5, 2022 9:19 AM
To: Jamie Gray
Subject: Comment for Item #12.5 on July 6, 2022 Council Agenda [EXTERNAL EMAIL]
Good Morning Jamie,
I hope that you and your family had a wonderful 4th of July! Can you please attach my comment regarding item #12.5 to the Town Council Agenda for July 6, 2022. Could you also please share a copy with Stu Brown and the incoming Recreation Commission.

Thanks so much!
Pat Agnitch
July 4, 2022
Mayor Salcido and Town Councilmembers,
I was surprised to see Item #12.5 on the July 6, 2022 agenda regarding the construction of a tennis court and 2 pickle ball courts on the former ice rink slab. Surprised because I don’t recall the Recreation Commission discussing this concept at a meeting, and extremely disappointed that staff, Recreation Commission and Town Council have apparently given up on the existing tennis courts at Community Center Park (CCP).

Through years and years of neglect, albeit bandaid maintenance performed, our courts are in such disrepair that a large core of Mammoth Lakes’ adults have sought other playing opportunities, including weekly and twice weekly trips to play in Bishop (not everyone wants to belong to a health club). In my opinion, adult recreation in this community is geared to team sports, and lifetime sports such as tennis has been overlooked. CCP tennis courts could be a huge asset to the community and an amenity that could be promoted to Village residential owners, guests and tourists, in addition to the local community.

While I am pleased to see that a need for additional play courts in town has been identified, is it cost effective to spend $100,000 for a “temporary” 5-year use? Perhaps these funds should be banked for future court refurbishments at Community Center Park. With respect to the proposed location, I believe that previous Town-hired consultants have indicated that this location is too windy for play courts. Also the popular game of pickle ball can be rather noisy given the hard plastic game ball, and I wonder if consideration has been given to the adjacent Library, School District and County offices? One other consideration is that a singular court would benefit only a small number of people as it is not conducive to recreational programming such as youth and adult classes, workshops, summer camps and tournaments.

Lastly, shouldn’t the new members of the Recreation Commission weigh-in on this project since 4 of the 5 members won’t begin their term until next month? When I worked as Assistant Director of Community Services in Beverly Hills, projects of any significance would be held until new commissioners were onboard so they would have a say in the project. As a former Recreation Commissioner with this town, I would appreciate being able to review a project and offer feedback before implementation to provide full support.

If anything that I have mentioned causes one to pause, perhaps the proposed concept and process should be re-evaluated and presented to the “new” Recreation Commission for input. Thank you for your consideration.

Best Regards,
Pat Agnitch
cc: Stuart Brown, Parks & Recreation Director
Recreation Commission

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1 TOWN COUNCIL STAFF REPORT
Title: Award contract for the Laurel Mountain Road Rehabilitation and Sidewalk Project to Spiess Construction Co., Inc.

Meeting Date: July 6, 2022
Prepared by: Pamela Smitheman, Assistant Engineer
Amy Callanan, PE, Engineering Manager
RECOMMENDATION:

Staff recommends Town Council:
 Approve the Plans and Specifications.
 Award the base bid contract to the lowest responsive bidder, Spiess Construction Co., Inc. in the amount of $2,938,310.47.
 Authorize the Public Works Director to execute the construction contract and accept the project upon completion.
 Authorize the Public Works Director to review and approve minor revisions to complete the project, up to an additional 10% of the award amount.  Approve the allocation of $421,681.90 in additional committed Mono County SB1 funds.
 Approve the allocation of approximately $481,752.22 in additional committed Town SB1 funds.
 Approve the allocation of approximately $964,707.34 in additional funds to be shared between The Parcel IIG funding and Road Rehab funding and authorize the Town Manager to determine the final breakdown between the two funding sources based upon further evaluation of other funding commitments of both sources.

BACKGROUND:

In late 2021, Town of Mammoth Lakes Staff awarded Cardno with a design contract for the Laurel Mountain Road Rehabilitation and Sidewalk Project to address the existing condition of the roadway, lack of pedestrian safety, and forthcoming increases in pedestrian/community needs resulting from development of the Parcel.

The project rehabilitates approximately 1,800 LF of existing asphalt pavement roadway, between Main St./CA Hwy 203 and Sierra Nevada Road. and constructs a new sidewalk and pedestrian lighting on the east side of the road. This rehabilitation addresses deficiencies and deterioration of the existing asphalt roadway, concrete curb, gutter, and

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2 sidewalk. The project also adjusts existing roadway geometry and striping to formally delineate parking, Class 2 bicycle lanes, vehicular traffic lanes, and crosswalks.

Coordination with the Parcel project also provides for sewer extension, dry utilities including fiber conduit, and storm drains. Sierra Nevada Resort will construct the portion of the sidewalk, storm drain, and parallel parking located in the right-of-way adjacent to their property.

On May 27, 2022, the Town advertised the Laurel Mountain Road Rehabilitation and Sidewalk project. In order to find the most economical solution the project was advertised with a base bid and an alternate:
 Base Bid: The base bid included the pulverization of existing roadway pavement and base, installation of new asphalt roadway, concrete sidewalk, curb and gutter, pedestrian crosswalk with RRFB beacon, lighting, and storm drain, sewer and dry utility improvements between Main St./CA Hwy 203 and Sierra Nevada Road, less the sidewalk and utility work adjacent to the Sierra Nevada Resort property which is included in Alternate 1.
 Alternate 1: Alternate 1 included the construction of driveway connections, concrete sidewalk, curb and gutter, pedestrian lighting, and improvements to utilities for approximately 570 feet adjacent to the Sierra Nevada Resort property.

ANALYSIS:

Staff solicited bids for the construction of the project beginning May 27, 2022. Bids were publicly opened on June 24, 2022, at 3:30 PM. Two (2) bids were received with pricing as follows:

Spiess Construction Co, Inc. Base Bid: $2,938,310.47
Alternate 1: +$561,512.80
Granite Construction Base Bid: $3,584,840.00
Alternate 1: +$782,193.00
A bid review was completed, and no irregularities were identified.

Alternate 1 will be constructed by Sierra Nevada Resort. As such, staff recommends awarding just the base bid.

FINANCIAL CONSIDERATIONS:

The project is currently partially funded by State Transportation Improvement Program (STIP) funds and General Fund contributions. STIP funds have been allocated to the project for construction in the amount of $664,000. The funds were allocated by the CTC on May 19, 2022. General Fund contributions to support infrastructure at The Parcel were also allocated to the project in the amount of $700,000, for a total of $1,364,000 currently

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3 allocated to the project. An additional $1,868,141.51 will need to be allocated for a total budget amount of $3,232,141.51 which includes an additional 10% contingency beyond the bid amount.

Current Funding Source Amount
STIP – Construction $664,000
Parcel General Fund – Construction $700,000
Total Funding Allocated $1,364,000
Additional Funding Needed $1,868,141.51
Staff recommends allocating the following funding sources to cover the additional $1,868,141.51 needed to fully fund the project:

Additional Funding Source Amount
SB-1 – Mono County $421,681.90
SB-1 – Town of Mammoth Lakes $481,752.22*
IIG and Road Rehab $964,707.34**
Total Additional Allocation $1,868,141.51
*Based on estimated FY21/22 and FY22/23 RMRA revenue
**Breakdown to be determined based on evaluation of other IIG and Road Rehab funding commitments
Staff recommends that the project utilizes SB1 funds committed directly to the Town as well as SB1 funds previously committed to the Town by Mono County in exchange for future STIP funding. The total amount Mono County has committed to the Town to use is $2,400,000 in County SB1 funds. This level of collaboration with Mono County is appreciated and is indicative of the strong working relationship the agencies have. Of the $2,400,000, staff is recommending that $1,978,318.10 is allocated to the Chaparral Road Extension project, leaving $421,681.90 remaining to be allocated to the Laurel Mountain Road project.

The total amount of Town SB1 funds available, including the Town’s projected SB1 revenue for FY 22-23, is approximately $481,752.22. On April 6, 2022, Town Council approved a resolution approving the FY2022-23 project list to be submitted to the California Transportation Commission (CTC) for funding from the RMRA funds under Streets and Highways Code Section 2034. The Town’s Laurel Mountain Road Rehabilitation and Sidewalk project was included on this list. The resolution was approved by CTC on May 5, 2022. Mono County Board of Supervisors also approved a similar resolution which included the Laurel Mountain Road project on June 7, 2022.

Following allocation of the SB1 funds as recommended above, an additional approximately $964,707.34 will need to be allocated to the project. Staff recommends this allocation be split between The Parcel Infill Infrastructure Grant (IIG) and the Town’s Road Rehab fund.

The Town and The Parcel developer, Pacific West Communities, Inc., were jointly awarded a grant of up to $20.6 million to be used toward construction of public infrastructure. Staff estimates that approximately $680,600 of the Laurel Mountain Road

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4 project cost can be directly attributed to the development of The Parcel and would therefore be eligible for reimbursement from IIG. These project components consist of storm drain and sewer improvements in Laurel Mountain Road, joint utilities in Tavern Road, and pedestrian ramps and RRFB crosswalk beacon required either as necessary components of the project design or as project conditions of approval. Allocation of this approximately $680,600 would require an additional allocation from Road Rehab of $284,107.34. The Road Rehab fund currently holds approximately $2.4 million in fund balance. An additional $580,000 will be allocated at the start of FY 22/23. However, both IIG and Road Rehab have several funding commitments which are not defined in detail at this time.

Therefore, staff recommends that the final breakdown of funding allocation between IIG and Road Rehab funding be based upon further evaluation of other funding commitments of both sources.

ENVIRONMENTAL CONSIDERATIONS:

The Laurel Mountain Road Rehabilitation and Sidewalk project CEQA notice of exemption (NOE) was posted on August 12, 2021. The CEQA review of this project led to the determination that this project is categorically exempt pursuant to Section 15301(c), repair, and minor alteration of existing facility. No further CEQA analysis is required for this project.

The full Laurel Mountain Road Rehab & Sidewalk Plans can be viewed at:
https://www.townofmammothlakes.ca.gov/DocumentCenter/View/12191/LaurelMountain-Road-Rehab_Sidewalk-plans

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1 TOWN COUNCIL STAFF REPORT
Title: Award Chaparral Road Extension Contract to Spiess Construction in the amount of $1,798,471.00.

Meeting Date: July 6, 2022
Prepared by: Matthew Freedman, PE, Associate Civil Engineer Amy Callanan, PE, Engineering Manager
RECOMMENDATION:

In early 2021, Town Council adopted The Parcel Master Plan, outlining a path forward for the Town to construct up to 580 affordable housing units on the approximately 25-acre site.

In partnership with Pacific West Communities, Inc. as developer, the Town has secured entitlement approval and funding for construction of Phase 1 of The Parcel project, including 81 units within two buildings using HCD Housing Accelerator funds, and associated Phase 1 public infrastructure using up to $20.6 million in HCD Infill Infrastructure Grant funding.

The extension of Chaparral Road was identified as being Phase 2 of public infrastructure utilizing SB1 funds committed from Mono County’s SB1 funding allocation. This source of funding required the Town to bid this project separately from the construction of the Phase 1 public infrastructure.

On June 3, 2022 the Town advertised the Chaparral Road Extension project, which includes the connection of Chaparral Road to the extension of Tavern Road within the Parcel project. In addition, a sidewalk, a multi-use path, bus turnouts, bus shelters, and utilities will be constructed. To find the most economical solution the project was advertised with a base bid and an alternate:

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2  Base Bid: The base bid included the extension of Chaparral Road to the extension of Tavern Road within the Parcel project, sidewalk, multi-use path, bus turnouts, and stormdrain, water, sewer, and joint trench utilities.  Alternate 1: Alternate 1 included the construction of two bus shelters that may not be needed immediately but will likely be needed once the Parcel project has an established concentration of residents living in the area who will need public transportation.

ANALYSIS:

Staff solicited bids for the construction of the project beginning June 3, 2022. Bids were publicly opened on June 23, 2022 at 3:30 PM. One (1) bid was received with pricing as follows:

Spiess Construction Co, Inc. Base Bid: $1,798,471.00
Alternate 1: +$290,000.00
A bid review was completed, and no irregularities were identified.

Given that the base bid is over the engineer’s estimate and originally identified budget, and that the bus shelters (Alternate 1) may not be needed immediately (but will likely be needed once the Parcel project has an established concentration of residents living in the area), staff recommends awarding just the base bid at this time, while reserving the ability to construct the bus shelters in the future.

FINANCIAL CONSIDERATIONS:

The project is fully funded by the SB1 funds committed to the Town by Mono County in exchange for future STIP funding. The total amount Mono County has committed to the Town to use is $2.4 Million in County SB1 funds. This level of collaboration with Mono County is appreciated and is indicative of the strong working relationship the agencies have. On April 6, 2022, Town Council approved a resolution approving the FY2022-23 project list to be submitted to the California Transportation Commission (CTC) for funding. The Town’s Chaparral Road Extension project was included on this list. The resolution was approved by CTC on May 5, 2022. Mono County Board of Supervisors also approved a similar resolution which included the Chaparral Road Extension project on June 7, 2022.

SB1 funds have previously been allocated to the project in an amount of $1,600,000. The staff recommendation includes Council approval to allocate an additional $378,318 of committed SB1 funds for a total budget amount of $1,978,318, which includes an additional 10% contingency beyond the bid amount.

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3 ENVIRONMENTAL CONSIDERATIONS:

The Chaparral Road Extension project was analyzed as part of the overall Parcel Master Plan. Pursuant to CEQA Guidelines Section 15183.3, Streamlining for Infill Projects, an Infill Environmental Checklist was approved. The Infill Environmental Checklist determined that potential direct, indirect, and cumulative environmental effects associated with the project were previously and adequately analyzed in the Town of Mammoth Lakes 2005 General Plan Update (State Clearinghouse No. 2003042155, dated May 2007) and Town of Mammoth Lakes General Plan Land Use Element/Zoning Code Amendments and Mobility Element Update Draft Environmental Impact Report (2016 Update EIR) and/or impacts would be less than significant. No further CEQA analysis is required for this project.

The full Chaparral Road Extension Plans can be found at:
https://www.townofmammothlakes.ca.gov/DocumentCenter/View/12190/ChaparralRoad-Extension-CAP-22-016-Plans

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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

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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.

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Mammoth Lakes City CouncilJuly 6, 2022

Mammoth Lakes City Council
July 6, 2022