Town Council Agenda
Wednesday, August 17, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:
Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, Councilmember Kirk Stapp
NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (760) 965-3602. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 13.102-35.104 ADA Title II)
NOTE: Materials related to an item on this agenda submitted after distribution of the agenda packet are available for public inspection in the Town Offices located at 437 Old Mammoth Road, Suite 230 during normal business hours. Such documents are also available on the Town of Mammoth Lakes website at www.townofmammothlakes.ca.gov subject to staff’s ability to post the documents before the meeting.
NOTE: All comments will be limited to a speaking time of five minutes.
NOTE: This meeting will be conducted pursuant to the provisions of Assembly Bill 361 which amends certain requirements of the Ralph M. Brown Act. While Suite Z is still open to the public, it is strongly encouraged that you watch the Town Council meetings on the Town of Mammoth Lakes' website at www.townofmammothlakes.ca.gov , on the local government cable channel 18, or via Zoom. Public comments can be submitted to the Town Clerk at [email protected]. before and during the meeting.
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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENTS
The Public Comment portion of the agenda provides the public with an opportunity to address the Town Council on matters not otherwise listed on the agenda. Under California law the Town Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the Town Council may briefly respond to comments or questions from members of the public. Therefore, the Town Council will listen to all public comment, but will not generally discuss the matter or take action on it. Requests for service from the Town may also be made at the Town offices during regular business hours.
Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration.
4. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED)
6. INTRODUCTIONS
6.1. Introduce new Public Works Maintenance Worker Isidro Ocampos.
6.2. Introduce new Public Works Maintenance Worker Derrick Halferty.
7. CONSENT AGENDA
7.1. Approve the minutes of the regular meeting of August 3, 2022.
7.2. Approve the resolution re-authorizing the Town Council to meet virtually during the COVID-19 pandemic declared emergency.
7.3. Approve the resolution authorizing temporary closure of Canyon Boulevard for bike events.
7.4. Award Architectural Design Services for the Town of Mammoth Lakes Childcare Center at the Mammoth Lakes Foundation site to AP Architects.
7.5. Accept Payment Approval Report No. 23-04 in the amount of $744,395.05. Accept Payment Approval Report No. 23-05 in the amount of $771,268.72.
8. PUBLIC HEARINGS
Public Hearing Procedure.
The Mayor will open the public hearing and then: Statement and presentation by staff.
Statement and presentation by property owner or appellant. Questions from the Town Council. Call for testimony. Rebuttal to previous testimony by property owner or appellant.
Close the public hearing, terminating public testimony. The Town Council will deliberate the matter and arrive at a decision.
8.1. Housing Impact Mitigation Fee Schedule Update.
9. POLICY MATTERS
9.1. Appeal of Administrative Citations for TOT enforcement case #44466 Monterey Pine Road.
9.2. Consider the ordinance amending Chapter 2.04.050 of the Town of Mammoth Lakes Municipal Code related to Town Council Salaries.
9.3. Attendance and Voting Delegates for 2022 League of Cities Annual Conference to be held September 7-9, 2022.
9.4. Town of Mammoth Lakes priorities for the FY23 Inyo National Forest Program of Work.
10. COUNCILMEMBER REPORTS
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities
11. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, September 7, 2022 at 4:00 p.m.
Town Council of Mammoth Lakes
Minutes of Regular Meeting
August 3, 2022, 3:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Bill Sauser, Councilmember Kirk Stapp
Members Absent: Councilmember Sarah Rea
_____________________________________________________________________
1. CALL TO ORDER
The Mayor called the meeting to order at 3:04 p.m. in the Council Chamber, 437 Old Mammoth Road, Mammoth Lakes.
2. PLEDGE OF ALLEGIANCE
John Morris led the flag salute.
3. PUBLIC COMMENTS
The Clerk received a Media Release via email from Friends of the Inyo (FOI) announcing that they would open their first ever satellite office which would be located in Lone Pine and that there was an open house scheduled at the new location on August 19th from 5:00 p.m. to 8:00 p.m.
4. WORKSHOP
4.1 Joint Meeting with Mammoth Lakes Tourism for General Updates and Discussion.
Town Council Minutes
August 3, 2022
The following Mammoth Lakes Tourism (MLT) Board Members were present: Chair Jeremy Goico, Vice Chair Pat Foster, Treasurer John Morris and Board Members Larry Crabb, Deb Radcliff, and Darlene Magner.
MLT Chair Goico spoke about the purpose of MLT joining the meeting today and thanked the Council for the opportunity.
MLT Director of Marketing Brian Wright outlined the information in the MLT Fiscal Year 2021-22 Winter Campaign Wrap Report.
Mr. Goico announced that MLT would host an open house and unveiling of their Fiscal Year 2020/23 Marketing Campaign on September 28th at the Mammoth Brewery and Eatery. He outlined the information in the MLT Board Approved Tourism Business Improvement District (TBID) Renewal Direction Report.
There was discussion among members of the Council, Board, and staff.
The Mayor called a recess 4:13 p.m. and the Council reconvened at 4:30 p.m.
5. ADDITIONS TO THE AGENDA
There were no additions to the agenda.
6. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Office of Outdoor Recreation Manager Lawson Reif gave an update regarding outdoor recreation activities. There was discussion among members of Council and staff.
Mammoth Lakes Police Department (MLDP) Records Supervisor Krystle Stewart gave an update on the DocuPet Dog Licensing Program. There was discussion among members of Council and staff.
Sergeant Joseph Vetter gave an update on speed enforcement efforts in Town and spoke about the successful Active Shooter training that took place today and yesterday at Mammoth Elementary School (MES). There was discussion among members of Council and staff.
Community and Economic Development Director Sandra Moberly reported on the upcoming Planning and Economic Development Commission meeting and gave an update regarding current building activities. There was discussion among members of Council and staff.
Town Council Minutes
August 3, 2022
Mono County Director of the Office of Emergency Management (OEM) Chris Mokracek introduced himself to the Council and the community and spoke about the newly created OEM office.
7. INTRODUCTIONS
7.1 Introduce new Public Works Maintenance Worker Isidro Ocampos.
This item was continued.
7.2 Introduce new Public Works Maintenance Worker Derrick Halferty.
This item was continued.
8. PUBLIC PRESENTATIONS
8.1 Wildlife Smoke Monitoring Presentation presented by Phillip Kiddo, Great Basin Unified Air Pollution Control District Air Pollution Control Officer.
Great Basin Unified Air Pollution Control District (GBUAPCD) Air Pollution Control Officer Phillip Kiddo and GBUAPCD Research Systems Analyst Kim Mitchell outlined the information in the GBUAPCD Wildfire Smoke presentation. There was discussion among members of Council and GBUAPCD staff.
9. STAFF PRESENTATIONS
9.1 Update on Bird Scooters.
Public Works Director Haislip Hayes introduced Bird Scooter Account Manager Taylor Kenney. Ms. Kenney outlined the information in the update on the Bird Scooter program presentation and reported that the Bird Program had been paused in the Town of Mammoth Lakes due to staffing issues. There was discussion among members of Council, staff, and Ms. Kenney.
9.2 READY Mono Emergency Preparedness Portal Presentation.
Administrative Services/Finance Director Rob Patterson, Office of Emergency Management (OEM) Director Chris Mokracek, and Mono County Geographic Information Systems (GIS) Specialist Olivia Hollenhorst outlined the information in the Ready Mono Portal Presentation and the Portal website. There was discussion among members of Council and staff.
Town Council Minutes
August 3, 2022
10. CONSENT AGENDA
Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Approve the Consent Agenda.
For (4): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Absent (1): Councilmember Sarah Rea
Carried (4 to 0)
10.1 Approve the minutes of the regular meeting of July 20, 2022.
10.2 Approve the resolution re-authorizing the Town Council to meet virtually during the COVID-19 pandemic declared emergency.
10.3 Approve the resolution providing for the allocation of funding to the Mammoth Lakes Foundation in the amount of $100,000 to complete an updated architectural and design and cost estimate for the Mammoth Arts and Cultural Center (MACC) project.
10.4 Adopt a resolution approving a grant application of up to $500,000 to the Community Development Block Grant (CDBG) program for Homebuyer Assistance and the execution of a grant agreement.
10.5 Accept Payment Approval Report No. 22-52 in the amount of $464,466.93. Accept Payment Approval Report No. 22-53 in the amount of $59,589.17. Accept Payment Approval Report No. 23-01 in the amount of $895,235.65. Accept Payment Approval Report No. 23- 02 in the amount of $1,418,393.34. Accept Payment Approval Report No. 23-03 in the amount of $847,945.62.
11. POLICY MATTERS
The Mayor called a recess at 6:19 p.m. and the Council reconvened at 6:29 p.m.
11.1 Discuss and consider approval of the agreement between the Town of Mammoth Lakes and Mammoth Lakes Housing.
Community and Economic Development Director Sandra Moberly outlined the information in the staff report. There was discussion among members of Council and staff.
Town Council Minutes
August 3, 2022
Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Approve the professional services agreement between the Town and Mammoth Lakes Housing.
For (4): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Bill Sauser, and Councilmember Kirk Stapp Absent (1): Councilmember Sarah Rea
Carried (4 to 0)
11.2 Accept the 2021 Annual Planning Report and Community Indicators Report.
Community and Economic Development Director Sandra Moberly outlined the information in the staff report. There was discussion among members of Council and staff.
12. COUNCILMEMBER REPORTS
Councilmember Sauser attended the Mammoth Lakes Tourism (MLT) Board meeting.
Councilmember Stapp reported on the Mammoth Lakes Housing (MLH) housing waitlist.
Mayor Pro Tem Wentworth attended the Eastern Sierra Climate & Communities Resilience Project (ESCCRP) Donut Tour in Reds Meadow, attended the Sierra to California All-Lands Enhancement (SCALE) meeting regarding wildfire efforts, attended the ICARP-TC Integrated Climate Adaptation and Resiliency ProgramTechnical Advisory Council meeting, listened to the Parks and Recreation Commission meeting, participated in the tour of The Parcel and said that he would like to see a community tour of The Parcel, and attended the Eastern Sierra Sustainable Recreation Partnership (ESSRP) meeting.
Mayor Salcido attended the ESCCRP Donut Tour in Reds Meadow, the Annual Kids Fish Festival, and the Active Shooter Training.
13. CLOSED SESSION
This item was continued.
Town Council Minutes
August 3, 2022
13.1 Pursuant to Government Code Section 54957.6.(a), Conference with Labor Negotiators, the Council will meet with its representatives, Town Manager Daniel C. Holler, Administrative Services/Finance Director Rob Patterson, and HR Manager Amanda Pelham with respect to the following Employee Organizations: Mammoth Lakes Police Officers Association and the Mammoth Lakes Sergeants Association.
14. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
15. ADJOURNMENT
The Council adjourned the meeting at 6:57 p.m.
Jamie Gray, Town Clerk
RESOLUTION NO. 22-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
RE-AUTHORIZING THE TOWN COUNCIL TO MEET VIRUTALLY DURING THE COVID-19 PANDEMIC DECLARED EMERGENCY
WHEREAS, the Town of Mammoth Lakes supports transparency in government, and meetings of the Town Council and other legislative bodies of the Town are conducted in compliance with the Brown Act (Government Code Section 54950 et seq), so that members of the public may attend, observe, and participate; and WHEREAS, Government Code Section 54953(e) is a provision of the Brown Act establishing special rules that apply under specific circumstances to meetings of local government legislative bodies that are conducted remotely via teleconference; and
WHEREAS, using the special rules will facilitate continuing to conduct meetings remotely during the COVID-19 pandemic; and
WHEREAS, the Town Council does hereby find that allowing for conducting public meetings virtually will support social distancing and reduces the potential risk to the public, elected officials and employees to be infected by or to spread COVID-19; and
WHEREAS, a required condition for the use of the Section 54953(e) rules is the existence of a state of emergency declared by the Governor pursuant to Government Code Section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code Section 8558; and WHEREAS, an additional required condition is that state or local officials have imposed or recommended measures to promote social distancing, or that the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the Governor of California declared a Statewide state of emergency due to the COVID-19 virus on Wednesday, March 4; and
WHEREAS, on March 15, 2020 the Mono County Health Officer declared a local health emergency, including finding “that there is an imminent and proximate threat to public health from the introduction of COVID-19 in Mono County;” and WHEREAS, the Mono County Director of Public Health has recently issued a memorandum recommending that social distancing be used as one means of reducing the spread of COVID-19; and
WHEREAS, on October 6, 2021, the Town Council adopted a resolution finding that pursuant to Government Code Section 54953(e), the legislative bodies of the
Resolution No. 22-
Town of Mammoth Lakes shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code Section 54953, as authorized by subdivision (e) of Section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of Section 54953; WHEREAS, as a condition of extending the use of the provisions found in Section 54953(e), the Town Council must reconsider the circumstances of the state of emergency that exists in the Town of Mammoth Lakes, and the Town Council has done so; and
WHEREAS, emergency conditions continue to exist in the Town of Mammoth Lakes, as reflected by the ongoing state of emergency declared by the Governor; and
WHEREAS, requiring the meetings of the Town Council and other legislative bodies of the Town of Mammoth Lakes to be conducted entirely in person would create a risk to the health and safety of the members of the public who might attend, the members of the Town Council, Town staff, and other persons attending meetings; and
WHEREAS, the Town of Mammoth Lakes continues to comply with the requirements of Section 54953(e) to ensure public access to meetings of Town legislative bodies, including by providing notice and posting meeting agendas, allowing members of the public to access the meeting and provide comments via an Internet-based service option, and providing an opportunity for the public to address legislative bodies and offer comment in real time.
NOW, THEREFORE, BE IT RESOLVED that the recitals set forth above are true and correct and are incorporated into this resolution by this reference; and IT IS FURTHER RESOLVED that the Town Council of the Town of Mammoth Lakes hereby declares that a State and County emergency continues to exist due to the existence or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the Town of Mammoth Lakes due to the COVID-19 virus; and
IT IS FURTHER RESOLVED that the Mono County Director of Public Health has issued a memorandum recommending the continued use of social distancing as a means to reduce the spread of COVID-19, and that the COVID-19 state of emergency impacts the ability of the Town Council to safely meet in person; and IT IS FURTHER RESOLVED that the Mammoth Lakes Town Council finds the use of virtual meetings, as provided for under AB 361 as approved by the State Legislature and signed by the Governor, continues to be a prudent and safe means to conduct the Town’s business respecting the recommendation to use social distancing as a precaution to reduce the spread of COVID-19; and IT IS FURTHER RESOLVED that the Town staff and legislative bodies are hereby authorized and directed to continue taking all actions necessary to carry out the
Resolution No. 22-
intent and purpose of this Resolution including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and
IT IS FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) September 17, 2022, or such time the Town Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the Town of Mammoth Lakes may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
APPROVED AND ADOPTED THIS 17th day of August 2022.
________________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the resolution authorizing temporary closure of Canyon Boulevard for bike events.
Council Meeting Date: 8/17/2022
Prepared by: Stuart Brown, Parks and Recreation Director Recommended Motion: Adopt the resolutions authorizing the temporary closure of Canyon Boulevard for the Mammoth 50km MTB PedalPalooza event on August 27, 2022 and the Mammoth Gran Fondo event on September 10, 2022.
Summary: The Town of Mammoth Lakes desires to assist the private sector in the implementation of special events that increase visitation to the community and both the Mammoth 50km MTB PedalPalooza event and Mammoth Gran Fondo event will promote visitation and enhance the quality of life for residents of Mammoth Lakes. Staff is recommending the temporary closure of Canyon Boulevard for the bike events that will enhance public safety and provide for emergency access to and through the events. A portion of the net proceeds will benefit local non-profit organizations for charitable uses.
RESOLUTION NO. 22-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
AUTHORIZING THE TEMPORARY CLOSURE OF CANYON BOULEVARD
BETWEEN HILLSIDE AND LAKE MARY ROAD FOR
THE MAMMOTH 50KM MTB PEDALPALOOZA EVENT ON AUGUST 27, 2022 WHEREAS, the Town of Mammoth Lakes desires to assist the private sector in the implementation of special events that increase visitation to the community; and WHEREAS, the Mammoth 50km MTB PedalPalooza event will promote visitation and enhance the quality of life for residents of Mammoth Lakes; and WHEREAS, the temporary Canyon Boulevard closure will enhance public safety and provide for emergency access to and through the event; and
WHEREAS, a portion of the net proceeds from the Mammoth 50km MTB PedalPalooza event will be donated to the Sierra Eastside Mountain Bike Association (SEMBA), a local non-profit organization for charitable uses.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Mammoth Lakes, California, hereby:
1. Declares the program is not a project and is exempt from the California Environmental Quality Act because it is a minor temporary use of land having negligible or no permanent effects on the environment per Section 15304 (e); and
2. Declares that Canyon Boulevard will be closed between Hillside Drive and Lake Mary Road on Saturday, August 27, 2022 from 6:00 a.m. to 8:00 a.m. when all traffic control devices will be removed; and
3. Declares there is a public benefit from the Town facilitating the Mammoth 50km MTB PedalPalooza event; and
4. Authorizes `no parking' and traffic control equipment to be placed along the street prior to the event; and
5. Directs the Mammoth Lakes Police Department and Public Works Department to monitor the traffic within the event area and make any modifications that are deemed necessary for public safety.
APPROVED AND ADOPTED this 17th day of August, 2022.
__________________________
LYNDA SALCIDO, Mayor
ATTEST:
_________________________
JAMIE GRAY, Town Clerk
RESOLUTION NO. 22-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
AUTHORIZING THE TEMPORARY CLOSURE OF CANYON BOULEVARD
BETWEEN HILLSIDE AND LAKE MARY ROAD FOR
THE MAMMOTH GRAN FONDO EVENT ON SEPTEMBER 10, 2022
WHEREAS, the Town of Mammoth Lakes desires to assist the private sector in the implementation of special events that increase visitation to the community; and WHEREAS, the Mammoth Gran Fondo event will promote visitation and enhance the quality of life for residents of Mammoth Lakes; and
WHEREAS, the temporary Canyon Boulevard closure will enhance public safety and provide for emergency access to and through the event; and
WHEREAS, a portion of the net proceeds from the Mammoth Gran Fondo event will be donated to the Mammoth Mountain Community Foundation, a local non-profit organization for charitable uses.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Mammoth Lakes, California, hereby:
1. Declares the program is not a project and is exempt from the California Environmental Quality Act because it is a minor temporary use of land having negligible or no permanent effects on the environment per Section 15304 (e); and
2. Declares that Canyon Boulevard will be closed between Hillside Drive and Lake Mary Road on Saturday, September 10, 2022 from 5:00 a.m. to 8:00 p.m. when all traffic control devices will be removed; and
3. Declares there is a public benefit from the Town facilitating the Mammoth Gran Fondo event; and
4. Authorizes `no parking' and traffic control equipment to be placed along the street prior to the event; and
5. Directs the Mammoth Lakes Police Department and Public Works Department to monitor the traffic within the event area and make any modifications that are deemed necessary for public safety.
APPROVED AND ADOPTED this 17th day of August, 2022.
__________________________
LYNDA SALCIDO, Mayor
ATTEST:
_________________________
JAMIE GRAY, Town Clerk
1 TOWN COUNCIL STAFF REPORT
Title: Award Architectural Design Services for the Town of Mammoth Lakes Childcare Center at the Mammoth Lakes Foundation site to AP Architects.
Meeting Date: August 17, 2022
Prepared by: Amy Callanan, PE, Engineering Manager
RECOMMENDATION:
Staff recommends the Town Council authorize the Town Manager:
Finalize scope and fee negotiations and execute an agreement with the top ranked consultant for architectural and engineering design services for the Town of Mammoth Lakes Childcare Center Project.
Execute amendments to the contract to advance project development as authorized by the Town Council.
BACKGROUND:
On July 6, 2022, Town Council authorized the Town Manager to sign a Land Use Planning Agreement between the Town and the Mammoth Lakes Foundation (Foundation). The Town and the Foundation have been engaged in various discussions, planning processes, and project review actions for the past several years. The Foundation currently solely owns two parcels totaling approximately 27 acres that have been included in various planning efforts. The 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.
Among several other uses, the proposed “Land Planning, Use and Development Agreement” incorporates a Childcare Center on the Foundation Property. 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.
2 The planned facility will include 6,600+/- square feet (not to exceed 7,000) 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 currently 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.
ANALYSIS:
On June 28, 2022, the Town issued an RFQ/RFP for proposals for architectural services for the Town of Mammoth Lakes Childcare Center Project to consulting firms/teams with architectural experience. On July 21, 2022, Town staff received three responses to that RFQ/RFP, listed here in no particular order:
AP Architects
Relativity Architects
Sustainable Recreation Design
A panel of Staff members, including representatives from Planning and Engineering reviewed the information provided and evaluated the responders’ qualifications in accordance with the criteria included in the RFQ/RFP.
The panel identified AP Architects as the top ranked firm.
Staff recommends execution of an agreement for a not to exceed contract amount of $160,000.
FINANCIAL CONSIDERATIONS:
The Town has set aside $1,650,000 in funding for this project.
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Housing Impact Mitigation Fee Schedule Update
Council Meeting Date: 8/17/2022
Prepared by: Sandra Moberly, Community and Economic Development Director Recommended Motion: Staff recommends that the Town Council adopt the attached resolution making the required findings adopting a Housing Impact Mitigation Fee Schedule Summary:
Staff has reviewed the options to increase the Housing Impact Mitigation Fee based on the limits provided for in the current housing fee nexus study. Based on recent increases to the Town’s other development impact fees, the review of the by the California Construction Cost Index (CCCI) and the ongoing need for housing mitigation fees staff is recommending the fee be increased. The CCCI for 2021 was 13.4% which is the increase recommended. The staff report provides additional information and the specific amount of the proposed increase for each development category.
1 TOWN COUNCIL STAFF REPORT
Subject: Housing Impact Mitigation Fee Schedule Update
Meeting Date: August 17, 2022
Written by: Sandra Moberly, Community and Economic Development Director RECOMMENDATION:
Adopt the attached resolution making the required findings adopting a Housing Impact Mitigation Fee Schedule.
BACKGROUND:
The Town updates the Development Impact Fees on an annual basis in response to the increase recorded by the California Construction Cost Index (CCCI). The CCCI for 2021 was 13.4% (Attachment 3) which results in an increase in fees as shown in the table below:
Use
Category Use Types Fee Additional Information
Residential Single family homes, multifamily (MF) units$6,420 $7,280 per
unit
Exemptions include additions,
RMF-1 Zone MF projects of 4
or fewer units where average
habitable s.f. does not exceed
1,300 per unit, legal secondary
units, and apartments
Lodging Hotels, motels $4,280
$4,854 per
room
Room = a hotel or motel key
Fee includes accessory uses
in a lodging project (e.g., retail,
restaurant, conference, etc.)
Retail/
Restaurants
General retail, bars, cafés,
restaurants, coffee shops
$2.35
$2.67 per
gross
square foot
Any non-residential
development that would not
contribute new demand for
employment or housing (e.g.,
replacement of an existing use
or addition on non-habitable
s.f.) or would generate no
more than one total new
employee is exempt
Office Offices providing accounting,
advertising, architectural,
counseling, research, graphic
design, interior design, legal,
and/or similar services
$2.35
$2.67 per
gross
square foot
Light
Industrial
Manufacturing, recycling
facility
$1.17
$1.33 per
gross
square foot
Service
Uses
Banks, day care centers,
maintenance services, medical
services, personal services
$2.35
$2.67 per
gross
square foot
2 ANALYSIS:
On June 15, 2022 the Town Council adopted the budget which included an increase in Development Impact Fees (DIF) in response to the 13.4% CCCI increase. At that time the Council provided staff direction to increase the housing fees by 13.4% to be consistent with the increase in the other DIF fees. The Town Council is able to increase housing fees provided that they do not exceed the maximum fees as called out in the 2015 Housing Nexus Study (Attachment 2). Because the Nexus Study established a nexus methodology and determined the maximum allowable fees for the 2015 Housing Ordinance Update, an additional nexus study is not necessary to increase the fees within the parameters allowed in the nexus study. The proposed fee increase does not exceed the maximum fees identified in the 2015 Housing Nexus Study which are as follows:
Maximum Housing Impact Fees
Source: 2015 Housing Nexus Study (Attachment 2)
The Community Housing Action Plan (CHAP) recommends that the Town require new residential and commercial development to pay fees related to their impact on employee housing needs and also recommends that the Town adopt a fee schedule that will raise fees over time to address actual impacts (Page 31 of CHAP). This fee increase is consistent with these CHAP recommendations. Staff has included a Town Council resolution as Attachment 1 reflecting the 13.4% increase in the housing fees as recommended on June 15, 2022.
OPTIONS ANALYSIS
Option 1: Adopt the attached resolution making the required findings adopting an updated Housing Impact Mitigation Fee Schedule.
Option 2: Do not adopt the attached resolution.
Market-Rate Unit Price
Maximum Impact Fee
(Per Unit) 1
$400,000 Per Unit $ 15,200
$600,000 Per Unit $ 19,300
$800,000 Per Unit $ 22,300
1 Please see Table 3, Table 4, and Table 5.
Category
Maximum Impact Fee
(Per Gross Square
Foot) 1
Maximum Impact
Fee
(Per Room)
Lodging NA $ 9,300
Retail/Restaurants $ 86 NA
Office $ 48 NA
Light Industrial $ 9 NA
Services Uses $ 41 NA
1 Please see Tables 6 - 10.
Source: AECOM
3 FINANCIAL CONSIDERATIONS:
Revenue from the Housing Impact Mitigation Fee is restricted for housing purposes only.
In the past, the revenues have been used to fund the Town’s Revolving Loan Fund (RLF) which is utilized to buy back deed restricted units to retain the deed restrictions and affordability of the units. Additionally, revenue was used for the purchase of The Parcel for affordable housing purposes.
ENVIRONMENTAL CONSIDERATIONS:
The proposed approval of the Housing Impact Mitigation Fee Schedule is not a project as defined by CEQA Section 21065 and State CEQA Guidelines Section 15378(b)(4), as it relates to the creation of a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
LEGAL CONSIDERATIONS:
The Town Attorney has reviewed this staff report, and his edits have been incorporated.
ATTACHMENTS:
Attachment 1: Town Council resolution adopting an updated Housing Impact Mitigation Fee Schedule
Exhibit A – Affordable Workforce Housing Fee Nexus Study and Fee Recommendation – Approved by Town Council July 1, 2015
Exhibit B – Housing Impact Mitigation Fee Schedule
Attachment 2: 2015 Housing Fee Nexus Study – available online:
https://www.townofmammothlakes.ca.gov/DocumentCenter/View/5415/Mammoth_Nexu s_Memo_20150603_final-w-Appendix?bidId
Attachment 3: California Department of General Services, Real Estate Services Division:
California Construction Cost Index (CCCI):
https://www.dgs.ca.gov/RESD/Resources/Page-Content/Real-Estate-Services-DivisionResources-List-Folder/DGS-California-Construction-Cost-Index-CCCI
RESOLUTION NO. 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA,
ADOPTING A HOUSING IMPACT MITIGATION FEE SCHEDULE FOR ALL
DEVELOPMENT WITHIN
THE TOWN OF MAMMOTH LAKES
WHEREAS, on October 4, 2000, the Town Council approved Ordinance 00-10, adopting Affordable Housing Mitigation Regulations, Municipal Code Chapter 17.36; and WHEREAS, on July 21, 2004, the Town Council approved Ordinance 2004-13, repealing and restating Affordable Housing Mitigation regulations, Municipal Code Chapter
17.36; and
WHEREAS, on August 16, 2006, the Town Council adopted Ordinance 06-09 amending Affordable Housing Mitigation regulations, Municipal Code Chapter 17.36; and WHEREAS, on November 18, 2009, the Town Council adopted Resolution 09-76 establishing an Interim Affordable Housing Mitigation Policy, which was amended by Resolution 14-54; and
WHEREAS, the Town’s General Plan Community Vision states, “Mammoth Lakes places a high value on adequate and appropriate housing that residents and workers can afford”; and
WHEREAS, the Town Council adopted the Town of Mammoth Lakes Housing Element Update 2014-2019 on June 18, 2014 which includes goals, policies, and actions related to updating housing mitigation requirements; and WHEREAS, the Town Council adopted the Housing Ordinance Update on June 3, 2015 (Ordinance 15-03), which rescinded Resolution 09-76 and Resolution 14-54 (Interim Affordable Housing Mitigation Policy) and repealed and restated Municipal Code Chapter
17.136 (Housing), which includes the establishment of housing impact mitigation fees pursuant to Section 17.136.040; and
WHEREAS, the Town Council adopted the Resolution 15-31 approving the Affordable Workforce Housing Fee Nexus Study and Fee Recommendation on July 1, 2015; and WHEREAS, the Town Council adopted an updated Housing Impact Mitigation Fee Schedule on April 17, 2019, which became effective on June 17, 2019; and WHEREAS, the Town Council adopted an updated Housing Impact Mitigation Fee Schedule on September 15, 2021, which became effective on October 14, 2021; and
Resolution No. 22-
WHEREAS, the Town Council conducted a noticed public hearing on the Housing Impact Mitigation Fee Schedule on August 17, 2022, at which time all those desiring to be heard were heard.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth Lakes, California, as follows:
1. That the Town Council finds the above recitations are true and correct.
2. The Town Council incorporates by reference all exhibits and attachments cited in this Resolution.
3. Pursuant to the requirements of the California Environmental Quality Act (CEQA), the Town Council makes the following findings:
The proposed update of the Housing Impact Mitigation Fee Schedule is not a project as defined by CEQA Section 21065 and State CEQA Guidelines Section 15378(b)(4), as it relates to the creation of a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
4. Pursuant to the requirements of the Town of Mammoth Lakes Municipal Code, the Town Council makes the following findings:
The proposed update of the Housing Impact Mitigation Fee Schedule is consistent with Municipal Code Section 17.136.010 to mitigate the impacts of market rate residential and non-residential development on the need for workforce housing in the Town through the imposition of workforce housing requirements, and Section
17.136.040 which includes the establishment of housing impact mitigation fees.
5. Pursuant to the requirements of the Mitigation Fee Act, the Town Council makes the following findings:
a. The proposed update of the Housing Impact Mitigation Fee Schedule is consistent with the requirements applicable to the establishment of fees in California Government Code Section 66000 et seq., commonly referred to as the Mitigation Fee Act.
b. The purpose of the fee is to mitigate workforce housing needs generated by new development.
c. The Affordable Workforce Housing Fee Nexus Study and Fee Recommendation, dated June 5, 2015 (revised June 23, 2015) (Exhibit “A”), demonstrates that there is a reasonable relationship (nexus) between future residential and non-residential development that occurs in the Town and the need for additional housing that is affordable for the workforce as a result of new development.
Resolution No. 22-
d. The Affordable Workforce Housing Fee Nexus Study and Fee Recommendation, dated June 5, 2015 (revised June 23, 2015) (Exhibit “A”), demonstrates that there is rough proportionality between future residential and non-residential development that occurs in the Town and the recommended housing impact fees for additional housing that is affordable for the workforce as a result of new development. e. The fees identified in the Housing Impact Mitigation Fee Schedule, Exhibit “B”, will be used to mitigate the workforce housing needs generated by new development through various housing programs, activities, and projects provided by the Town, Mammoth Lakes Housing, Inc., and other programs and service providers.
6. The Town Council adopts the Housing Impact Mitigation Fee Schedule, attached hereto as Exhibit “B”.
7. The Housing Impact Mitigation Fee Schedule shall be effective 60 days following adoption of this resolution by the Town Council, pursuant to Government Code §66017(a).
8. The documents and other materials that constitute the record of proceedings upon which the Town Council’s decision is based are located in the Town Offices of the Town of Mammoth Lakes, at 437 Old Mammoth Road, Suite 230, Mammoth Lakes, California 93546 and Jamie Gray, Town Clerk, is hereby designated as the custodian of these records.
9. The Affordable Workforce Housing Fee Nexus Study and Fee Recommendation, the Housing Impact Mitigation Fee Schedule, and the Housing Impact Fee Fund shall be reviewed on a five-year basis at minimum consistent with the Mitigation Fee Act (Government Code §66001(d)) and updated as necessary consistent with the Mitigation Fee Act.
APPROVED AND ADOPTED THIS 17
th day of August 2022.
___________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk
Resolution No. 22-
EXHIBIT A
AFFORDABLE WORKFORCE HOUSING FEE NEXUS STUDY
DATED JUNE 23, 2015
ADOPTED BY TOWN COUNCIL JULY 1, 2015 (TC RESOLUTION 2015-31) AVAILABLE ONLINE HERE:
https://www.townofmammothlakes.ca.gov/DocumentCenter/View/5415/Mammoth_Nexus _Memo_20150603_final-w-Appendix?bidId=
Resolution No. 22-
EXHIBIT B
HOUSING IMPACT MITIGATION FEE SCHEDULE
The Housing Impact Mitigation Fee Schedule set forth below is established pursuant to Municipal Code Chapter 17.136, Housing (Ordinance 15-03). Housing Impact Mitigation Fees apply to new development, non-residential additions, and conversions of uses that are not exempt pursuant to Section 17.136.100. Credit for housing mitigation may be applied consistent with Section
17.136.030.B.
Use
Category Use Types Fee Additional Information
Residential Single family homes, multifamily (MF) units$7,280 per unit
Exemptions include additions,
RMF-1 Zone MF projects of 4
or fewer units where average
habitable s.f. does not exceed
1,300 per unit, legal secondary
units, and apartments
Lodging Hotels, motels $4,854 per
room
Room = a hotel or motel key
Fee includes accessory uses
in a lodging project (e.g., retail,
restaurant, conference, etc.)
Retail/
Restaurants
General retail, bars, cafés,
restaurants, coffee shops
$2.67 per
gross
square foot
Any non-residential
development that would not
contribute new demand for
employment or housing (e.g.,
replacement of an existing use
or addition on non-habitable
s.f.) or would generate no
more than one total new
employee is exempt
Office Offices providing accounting,
advertising, architectural,
counseling, research, graphic
design, interior design, legal,
and/or similar services
$2.67 per
gross
square foot
Light
Industrial
Manufacturing, recycling
facility
$1.33 per
gross
square foot
Service
Uses
Banks, day care centers,
maintenance services, medical
services, personal services
$2.67 per
gross
square foot
1 TOWN COUNCIL STAFF REPORT
Title: Appeal of Administrative Citations for TOT enforcement case #44466 Monterey Pine Road.
Meeting Date: August 17, 2022
Prepared by: Rob Patterson – Administrative Services / Finance Director RECOMMENDATION:
Make a finding of noncompliance with the Town of Mammoth Lakes Municipal Code and uphold the Notice of Determination and judgement of the administrative citation hearing officer in the amount of $3,000.00.
BACKGROUND:
Chapter 3.12 of the Municipal Code established the Uniform Transient Occupancy Tax ordinance for the Town of Mammoth Lakes. This enforcement case is a zoning violation, meaning the operator is conducting business in an area not permitted for transient rental.
Enforcement of the Municipal Code is a primary function of the Revenue team to preserve a transparent and equitable business environment. Owners who violate the zoning district regulations by conducting illegal transient rentals negatively affect legal businesses conducting transient rentals and paying tax.
Additionally, the Town Municipal Code includes the Quality of Life Ordinance found in section 5.40 which regulates transient rentals and states:
Section 5.40.070 – Violations
A. A violation of any provision of this chapter, and/or the renting of any property in a zoning district that does not allow for such transient rental, or without proper land use approvals, is subject to the general penalty provisions and/or the administrative citation provisions set forth in Chapter 1.12 and Chapter 8.32 of the Municipal Code, respectively, and any other civil or administrative remedy allowed by law.
B. Notwithstanding Chapter 1.12, the administrative fine for the operation of any transient occupancy facility without a valid business tax certificate, or the operation of any transient occupancy facility in violation of applicable zoning requirements of the town shall be five hundred dollars for the first violation and one thousand C. dollars for a second or subsequent violation within three years
2 ANALYSIS:
On March 15, 2022, Town Finance staff located the property, 466 Monterey Pine Road, on a rental website and found the owner was soliciting for transient rentals (less than 31 days) in an unpermitted zone. The first $1,000 administrative citation was mailed and posted on the property for code violations including operating transient rentals in an unpermitted zone, transient rentals without remittance of taxes, and violations of Municipal Code Chapter 5.40.070.
Two additional $1,000 administrative citations were sent to Mr. Lazar for soliciting transiently before correcting his advertisement. The hearing before Town Council is in reference to those three $1,000.00 citations.
Mr. Lazar has an extensive history with the Town regarding TOT enforcement. This is the fourth enforcement case at Mr. Lazar’s property for illegal transient rentals and the historical details are provided below.
The first enforcement case at Mr. Lazar’s property was initiated in March 2012. The property was identified through an online listing for transient rental. An assessment was conducted based on the advertised nightly rate and the total due was $69,756.00. Mr. Lazar provided customer checks and rental history data at an appeal of the assessment. On April 24, 2013, a Notice of Determination was conducted using actual revenue statements for transient rentals between January 2011 through September 2012. Below is a recap of the first enforcement case.
FIRST ENFORCEMENT CASE
Gross Receipts $42,850.00
TOT $ 5,570.50
Penalties and Interest $ 2,470.66
Enforcement Charges $ 250.00
Total Charges $ 8,291.15
In June 2018, Mr. Lazar’s property was again identified advertising on an online rental platform for transient rental. Enforcement procedures commenced and due to a lack of compliance led to a property lien recorded on September 10, 2018, in the amount of $43,893.75 for unpaid TOT, TBID, penalties, interest, enforcement charges, and administrative citations.
Below is a recap of the second enforcement case.
3 SECOND ENFORCEMENT CASE
Assessed Gross Receipts $160,323.00
TOT & TBID $22,445.22
Penalties & Interest $12,448.53
Administrative citations $ 8,500.00
Enforcement charges $ 500.00
Total Charges $ 43,893.75
In March 2021, Mr. Lazar’s property was once more identified through an online listing for transient rental. Enforcement procedures resumed resulting in a second property lien in the amount of $152,442.00 for unpaid TOT, penalties, interest, enforcement charges, and administrative citations recorded on May 21, 2021. Below is a recap of the third enforcement case.
THIRD ENFORCEMENT CASE
Gross Receipts $707,505.97
TOT $ 91,975.76
Penalties & Interest $ 48,966.26
Administrative citations $ 11,000.00
Enforcement charges $ 500.00
Total Charges $152,442.02
In June 2021, Mr. Lazar responded to staff enforcement efforts and by providing actual rental revenue documentation. A Notice of Determination was conducted in the amount of $27,849.58 for unpaid TOT, penalties, interest, enforcement charges, and administrative citations.
Below is a recap of the findings.
NOTICE OF DETERMINATION
Gross Receipts $75,990.45
TOT $10,638.66
Penalties and Interest $ 4,110.92
Administrative citations $11,000.00
Health Order Violations $ 1,600.00
Enforcement charges $ 500.00
Total Charges $27,849.58
4 On August 17, 2021, a Settlement and Release agreement was signed by Mr. Lazar acknowledging advertising and renting on a transient basis is prohibited. Full payment for the NOD of $27,849.58 was received.
The purpose of a settlement agreement is for the operator to acknowledge that the property cannot be legally rented on a transient basis and to strengthen the Town’s position for any future enforcement activity, should the need arise. The agreement is a contract between Mr. Lazar and the Town outlining specific rights of the Town to seek additional remedies against Mr. Lazar due to continued illegal rental activity. Town staff pursued the Settlement and Release Agreement based on the operator’s prior history. Key elements of the agreement are the application of fraud and fraud penalties, rescinding property lien releases, daily $1,000.00 administrative citations, as well as the Town’s ability to recover attorney’s fees.
On March 15, 2022, Mr. Lazar’s property continued to be available for transient rental through an online rental platform. Enforcement efforts once again resumed. The transient rental activity warranted enforcement action by listing the property for a minimum of 10 nights resulting in the issuance of administrative citations of $1,000.00 per day.
Advertisements remained live despite correspondence to cease any advertisements which resulted in a total of $3,000.00 in fines.
On April 28, 2022, after receiving revenue documentation as requested by staff, a Notice of Determination was assessed. The NOD findings are:
FOURTH ENFORCEMENT CASE
Gross Receipts 0
Taxes, penalties, interest 0
Enforcement charges 0
Administrative citations $3,000.00
Total Charges $3,000.00
On May 11, 2022, Mr. Lazar exercised his right to appeal the Notice of Determination and an administrative hearing was scheduled and executed on May 25, 2022.
INITIAL APPEAL HEARING FINDINGS:
Hearing Officer Haislip Hayes presided over the administrative hearing and his rendered judgement determined the advertisement was actively listed online and reservations could be made for less than 31 days. “Considering the long history of violations, the executed settlement agreement, the staff collected screenshots of active advertising and successful attempts to create bookings I am denying the appeal and upholding all citations.” On June 6, 2022, Mr. Lazar exercised his right to further appeal to Town Council and a hearing was scheduled for August 17, 2022. Town received advanced deposit of the fine in the amount of $3,000.00.
5 OPTIONS ANALYSIS
Option 1: Make a finding of noncompliance with the Town of Mammoth Lakes Municipal Code and uphold the Notice of Determination and judgement of the administrative citation hearing officer in the amount of $3,000.00.
Option 2: Make alternate findings and direct staff accordingly.
FINANCIAL CONSIDERATIONS:
The Town of Mammoth Lakes relies on transient occupancy tax for more than 60% of its General Fund, without which it would not be able to provide services such as snow removal, recreation programming, and road maintenance. Operators of illegal transient rental properties are not only failing to contribute funds necessary for the Mammoth Lakes community to thrive but are taking away potential business from operators who are following the Town laws. To waive penalties, interest, enforcement charges, and/or administrative citations routinely would result in a significant loss of revenue and likely increase tax collection efforts and enforcement difficulties.
LEGAL CONSIDERATIONS:
The Town’s Municipal Code does not authorize the Tax Collector to waive or reduce tax, penalties, interest, enforcement charges, or administrative citations that is due to the Town.
The Town Council is acting in a semi-judiciary capacity and may reduce or amend the recommendation of the Tax Collector.
Town Council
Agenda Action Sheet
Title: Consider the ordinance amending Chapter 2.04.050 of the Town of Mammoth Lakes Municipal Code related to Town Council Salaries.
Council Meeting Date: 8/17/2022
Prepared by: Jamie Gray, Town Clerk
Recommended Motion: Waive the reading and introduce by title only the ordinance amending Chapter 2.04.050 of the Town of Mammoth Lakes Municipal Code related to Town Council Compensation.
Summary: As a General Law Town, Town Council compensation is governed by Government Code Section 36516, which caps the pay of City Councilmembers at $300 per month for cities with populations under 35,000 but allows that amount to be increased 5% per year. In addition, the Code says that increases are not permitted to be compounded retroactively and automatic annual increases are not allowed. From 1985 to 2014 Town Council salaries remained the same at $300 per month. In 2014, the Town Council adopted an ordinance increasing Town Council salaries by 5% for 29 years putting the Town Council salary at $735 per month.
The proposed ordinance implements the allowed increase of 5% per year for the last eight years putting the new Town Council salaries at $1,029 per month. An increase to Town Council salaries can only take place after an election and new Councilmembers are seated, so the proposed ordinance is to be effective December 7, 2022 or upon the seating of the new Council, whichever is later. The proposed increase in compensation will have a fiscal year cost increase estimated at $17,640.
ORDINANCE NO. 22-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA, AMENDING SECTION 2.04.050 OF THE
TOWN OF MAMMOTH LAKES MUNICIPAL CODE RELATED TO
TOWN COUNCIL COMPENSATION
WHEREAS, the Town Council has previously established in Section 2.04.050 of the Municipal Code the amount of compensation to be paid to Town Councilmembers; and WHEREAS, the amount of Town Council compensation has been set at $735 per month, excluding health care benefits and reimbursement for actual and necessary expenses, since July 1, 2012; and
WHEREAS, Government Code Section 36516 allows the Town Council to adopt an ordinance increasing Town Council compensation in the amount of five percent for each year since the last increase in compensation, thus allowing an increase of forty percent to occur in 2022 in light of the last increase having occurred in 2014; and WHEREAS, all legal prerequisites for the adoption of this ordinance have occurred.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. Approval. The Town Council hereby amend Section 2.04.050 of the Mammoth Lakes Municipal Code to read as follows:
2.04.050 - Compensation and reimbursement.
Pursuant to Section 36516 of the California Government Code, effective upon the beginning of the term of office for any member of the Town Council elected at the November 2022 election, or upon December 1, 2022, whichever occurs later, compensation shall be paid to each member of the Town Council in the amount of one thousand twenty-nine dollars per month. The compensation prescribed in this section is and shall be exclusive of any benefits provided to Town Councilmembers pursuant to Government Code Section 36516(d), and any amounts payable to each member of the Council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the Town, and, accordingly, each member of the Council shall receive reimbursement for such actual and necessary expenses incurred in the performance of official duties for the Town, pursuant to the provisions of Section 36514.5 of the Government Code, as amended from time to time. Such reimbursement shall be as established by a policy resolution adopted by the Town Council.
Ordinance No. 22-
Section 3: Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance, or any part thereof, is held invalid or unconstitutional, then such decision shall not affect the validity of the remaining sections or portions of this ordinance or part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance irrespective of the fact that any one or more sections, subdivisions, paragraphs, sentences, clauses, or phrases may be declared invalid or unconstitutional.
Section 4: Effective date. The Mayor shall sign, and the Town Clerk shall certify passage and adoption of this ordinance and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this ordinance shall take effect upon the beginning of the term of office for any member of the Town Council elected at the November 2022 election, or upon December 7, 2022, whichever occurs later.
ADOPTED AND APPROVED on this 17th day of August, 2022.
_________________________________
LYNDA SALCIDO, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Attendance and Voting Delegates for 2022 League of Cities Annual Conference to be held September 7-9, 2022.
Council Meeting Date: 8/17/2022
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Appoint Councilmember Bill Sauser as the Town’s voting delegate and Town Manager Holler as the alternate delegate.
Summary:
The Annual League of California Cities conference will be held in Long Beach. The Conference will be held on September 7-9, 2002. For the general assembly the League requires the appointment of a voting delegate and alternate. It is recommended that the Council appoint Councilmember Bill Sauser as the Town’s voting delegate and Town Manager Holler as the alternate delegate. Information on the voting delegate is attached. The opening day of the conference (Wednesday, September 7) is a regularly scheduled Council meeting date. To accommodate the conference schedule and the Council meeting, both Member Sauser and Manager Holler will be attending the Council meeting remotely.
1 TOWN COUNCIL STAFF REPORT
Title: Town of Mammoth Lakes priorities for the FY23 Inyo National Forest Program of Work.
Meeting Date: August 17, 2022
Prepared by: Daniel C. Holler, Town Manager
Lawson Reif, Office of Outdoor Recreation Manager
RECOMMENDATION
Approve the proposed or modified Town priority areas of work to be submitted to the Inyo National Forest for consideration for inclusion in their FY23 Program of Work.
SUMMARY
Each year the Inyo National Forest (INF) establishes a forest wide program of work to assist the prioritization of Forest Service Staff assignments and to allocate other resources.
One of the factors determining workloads is development and review of National Environmental Policy Act (NEPA) related work requirements. One of the ways to assist the Forest Service in their management of resources and establishing their Program of Work (POW) is a request to local agencies to submit a prioritized list of projects that are anticipated to require Forest Service resources, especially in the area of NEPA.
Based on current Town projects and work programs a list of priority projects and a list of ongoing work programs and longer-range planning efforts was submitted. Environmental work for the noted projects is not necessarily funded at this stage of the project work. This includes the following high priority projects, with more detail provided below:
Town of Mammoth Lakes Requested Program of Work requiring NEPA related work 1) Sherwins Meadows trail planning and implementation.
2) Extension of “Snow Pit” Use Permit and longer-term land tenure. 3) Acquisition of USFS Land surrounding Mammoth Yosemite Airport – Townsite Act. 4) Collaborative efforts on Fuels Management.
5) Expanded Nordic Grooming Program.
Our ongoing work programs and coordination of planning efforts includes a) Trail Maintenance / Cleaning / Signage.
b) Enhanced Trailhead parking/access (OMR/Rock Trail).
c) Restroom Cleaning and Trash support in the Lakes Basin, etc. d) Adopt a Trail program.
e) Lakes Basin Connector Trail Construction Completion. f) Trail / Community Host Program – Visitor/Local engagement program. g) Updates to websites, maps, informational handouts, etc.
2 h) Preparation of annual operating plans for existing agreements/consolidation of agreements.
Major Planning Projects
a. Subpart C – Stakeholder Collaborative.
b. Joint NEPA/CEQA process for consideration of improvements at Mammoth Mountain Main Lodge Redevelopment.
c. Shady Rest Recreation Study.
d. Continue discussion on potential joint housing project at Mammoth Ranger District Administrative Site.
Detailed FY23 Proposed Scope of Work for INF
Purpose and Need – Detailed Work Program
The only incorporated community in Mono County, the Town of Mammoth Lakes (population ≈ 8,000) occupies ≈ 25 mi2(urban limit ≈ 4 mi2), is surrounded entirely by National Forest system lands. The community has a tourism-based economy, with recreation, trails and public access playing an integral role in the Town’s sustainable economy and quality of life. A popular gateway community and recreation destination, Mammoth Lakes receives an estimated 3-5 million visitors annually – by far, the single greatest concentrated use occurring on Inyo National Forest systemlands over a 12-month period.
Due to its geographic and economic ties to federally managed Public Lands and reduced capacity within the U.S. Forest Service, the Town of Mammoth Lakes (TOML) and Inyo National Forest (INF) are reliant upon mutual-aid agreements to manage recreation, roads, trails, municipal, and resource-related issues in the Mammoth Ranger District. Cooperative Agreements include:
Special Use Permits:
Paved Multi-Use Pathways (≈ 18 miles)
Shady Rest Park and Disc Golf Course (≈ 20 acres)
Mammoth Creek Park (≈20 acres)
Easements and Roads Maintenance/ Other/ Airport/ Infrastructure, etc. Snow Storage
Visitors Bureau Building
Memorandum of Understanding:
Mammoth Lakes Trail System (MLTS) (≈ 30 miles of soft-surface trails and associated trailhead infrastructure)
o Provides for on-going maintenance, grooming, management of volunteer programs and events, system wayfinding, and the planning and implementation of recreation infrastructure within the MLTS. Mammoth Lakes Trail System Website
o Provides for management of MammothTrails.org and associated VIS services Challenge Cost Share Agreements:
MLTS Recreation MLTS – Recreation Site Management
Eastern Sierra Sustainable Recreation Partnership (ESSRP)
3 Funding is provided by TOML General Fund, and Special-Use Taxes Measure R and Measure U.
Measure R is a special fund designated for use by the Town of Mammoth Lakes for the planning, construction, operation, maintenance, programming and administration of all trails, parks and recreation facilities managed by the Town of Mammoth Lakes without supplanting existing parks and recreation facility maintenance funds. Measure U is applied for planning, construction, operation, maintenance, programming and administration of facilities and projects for mobility, recreation and arts and culture.
The purpose of this document is to align different departmental needs within the Town of Mammoth Lakes with priorities identified on Inyo National Forest managed lands. Due to increased visitation and decreased appropriated funding, it is critical for local government and partner-agencies to closely coordinate priorities and resources. TOML priorities are consistent with the Inyo National Forest Land Management Plan, and the Town of Mammoth Lakes Trail System Master Plan, General Plan and Mobility Element, Lakes Basin Special Study, and Sherwins Area Recreation Plan. TOML priorities are categorized as 1) Planning/NEPA; 2) Administration/Land-Uses; 3) Implementation; and 4) Operations/Maintenance.
TOML Priorities:
1) Planning/ NEPA
Sherwin Meadow Trails (SHARP)
o Development of proposed action currently on FY22 Inyo POW o Continue to refine proposed action through environmental analysis o Contract Heritage Analysis & establish timelines for other specialist input (Fall 2022)
Through contracted Heritage analyze Sherwin’s Trailhead Expansion & Old Mammoth Road Expanded TH
o Draft NEPA/CEQA documents
o Decision
o Implementation
Collaborative efforts on Fuels Management
o Regional partnership on ESCCRP work
o Stewardship project process for fuels work in support of biomass facility Subpart C – Stakeholder Collaborative
o Convene stakeholder collaborative meeting(s)
o Define citizen led alternative(s)/proposed action for consideration by Inyo National Forest
o Define OSV restricted areas
o Identify recommendations for winter recreation infrastructure, winter trails, staging areas, snow-play areas, and non-motorized recreation activities Expanded Nordic Grooming Program
o Proposed Action Sent to Inyo
o Currently seeking approval, estimated response Fall 2022 Shady Rest Recreation Study
o Engage ORMAT related to development of planning documents to mitigate any recreation impacts as a result of the new pipeline
4 Mammoth Creek Park East Recreation Amenities
o Dirt Jumps & Pump Track w/adjacent Kids Zone (Bike Park) o Develop proposed action
o Begin environmental analysis
o Include Heritage analysis as part of SHARP contracted Heritage Doe Ridge Trail Concept
o Develop Proposed Action with BLM & USFS
Shady Rest Inyo Craters (SRIC) OHV Multi-Use Trails
o Currently on hold per Inyo Leadership
o 3-year planning grant to develop multi-use, motorized trails, staging areas, and infrastructure in the SRIC sub-region. Current grant closed out and will reapply in the future.
o Emphasis on dispersing users and providing opportunities for motorized and nonmotorized trail experiences including e-bike accessible networks – connecting the communities of June and Mammoth
2) Administration/Land-Uses
Snow Pit
o Currently managed under a temporary Special Use Permit o Long-term agreement/solution required/requested – Future potential ownership by Town
Land Acquisition/Permitting
o Airport Land (Townsite Act)
o Small tracts – (Next to Mammoth Creek Park)
o Small infrastructure improvements through the Inyo’s preferred mechanism on USFS parcel immediately adjacent to community center
o USFS parcel adjacent to MCWD
Coordination with U.S. Forest Service on Housing Options o Analysis of use of administrative site for USFS/Other Housing o Determine Feasibility, Scope, and Process
o Investigate 2018 Farm Bill Leasing Authority
Clean-up remaining SUP and Cooperative Agreements
o Permit consolidation & reissue
o Consider SUPs to replace MOUs & Agreements where feasible 3) Implementation
Lakes Basin Connector Trails
o Continue with Trail Construction
o Plan Ribbon Cutting FY22-23
Trail Reroutes
o As needed/desired
o Continued coordination with Inyo Staff
4) Operations/Maintenance
Town funded restroom/Trash maintenance for designated sites (Town Allocation $40,000)
5 Coordination of Transit Services to U.S. Forest Service Lands MLTS trail maintenance managed under MOU, NFCCSA
Mammoth PD enforcement – Mammoth Lakes Basin/Shady Rest Focus/Dogs off leash MLTS Trail Days volunteer events
Adopt-a-Trail Program
Trashy Thursdays
“Clean Up The Lake” Events
MLTS Trail Hosts/ Visitor Information Services
o Host Program Transitioning to TOML in Sept. 2022
Snow Removal / Road maintenance / Signage (Lakes Basin/Reds Meadow/OMR) Traffic Control and visitor management as needed
Sign installation on new Lakes Basin Connector Trails Management of existing grooming program
Cooperation with Lions Club on new ADA dock at Twin Lakes FINANCIAL CONSIDERATIONS:
Funding is provided through the Town’s General Fund, and Special-Use Taxes Measure R and Measure U. Staff support is provided through the Office of Outdoor Recreation, other Town Departments, and contracted services. Measure R is a special fund designated for use by the Town of Mammoth Lakes for the planning, construction, operation, maintenance, programming and administration of all trails, parks and recreation facilities managed by the Town of Mammoth Lakes without supplanting existing parks and recreation facility maintenance funds. Measure U is applied for planning, construction, operation, maintenance, programming and administration of facilities and projects for mobility, recreation and arts and culture.
Agenda Item ________
File No. ____________
AGENDA BILL
Subject: Councilmember Reports
Initiated by: Jamie Gray
______________________________________________________________________ BACKGROUND:
Each member of the Town Council is appointed to serve as a Town representative to a number of committees, commissions, and organizations.
These groups meet infrequently and from time to time the representatives will report to the rest of the Council at a regularly scheduled meeting.
In addition, Councilmembers on occasion participate in meetings, conferences and seminars, and their reports on these educational opportunities are of benefit to the rest of the Council.
ANALYSIS/DISCUSSION:
California Government Code requirements pertaining to the open meeting act stipulate that all items for discussion must be listed on the agenda before the matter can be discussed and/or acted upon. To meet this requirement, and the intent of the Brown Act, Councilmember Reports are listed on each agenda to allow representatives to report to the rest of the Council at these meetings.
The following is a list of the commission/committees on which members of the Council serve:
Land Use:
Local Agency Formation Commission (LAFCO) – Rea, Stapp, and Salcido as alternate
Airport Land Use Commission – Stapp and Rea
Mono County Collaborative Planning Team (CPT) – Salcido and Rea as alternate Intergovernmental Relations:
Town and County Liaison Committee – Stapp, Salcido, and Town Manager and Rea as alternate
Desert Mountain Division of the League of California Cities – Sauser and Town Manager as alternate
Eastern Sierra Council of Governments (ESCOG) – Salcido, Wentworth, and Sauser as alternate
Great Basin Unified Air Pollution Control District – Wentworth and Stapp as alternate
League of California Cities City Voting Delegate – Sauser and the Town Manager as the alternate
California Joint Powers Insurance Authority Board – Rea and Assistant to the Town Manager as alternate
Transportation:
Local Transportation Commission (LTC) – Wentworth, Sauser, and Jennifer Burrows; Town Manager as alternate
Eastern Sierra Transit Authority (ESTA) Board – Stapp and Sauser Local Issues:
Mammoth Lakes Tourism (MLT) Board – Sauser
Mammoth Lakes Recreation (MLR) Board – Rea
Mammoth Lakes Housing (MLH) Board – Stapp
Treasury Oversight Committee – Stapp; Town Manager and Finance Director as alternates
LEGAL CONSIDERATIONS:
According to the California Open Meeting Act, commonly referred to as the Brown Act, the agenda must reflect every matter to be discussed by a governing body.
RECOMMENDATION(S):
This agenda bill is submitted for information only.