Mammoth Lakes City Council
September 7, 2022

Town Council Agenda

Wednesday, September 7, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:

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

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

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

ZOOM INFORMATION
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1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

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

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

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

5.1. Did you Know? Trails.

6. INTRODUCTIONS

6.1. Introduce new Revenue Specialist Crystal Demetrius.

6.2. Introduce new Public Works Maintenance Workers Jonathan Hernandez-Lopez and Jonathan Hernandez-Perez.

6.3. Introduce new Mammoth Lakes Fire Protection District Fire Chief Ales Tomaier.

7. PUBLIC PRESENTATIONS

7.1. Update on Inyo Mono Advocates for Community Action (IMACA) Programs, Services, and Introduction of New Executive Director.

8. STAFF PRESENTATIONS

8.1. Mammoth Lakes Police Department Explorer Awards Presentation.

9. CONSENT AGENDA

9.1. Approve the minutes of the regular meeting of August 17, 2022.

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

9.3. Adopt the resolution approving an amended Conflict of Interest Code.

9.4. Waive the reading and adopt by title only the ordinance amending Section 2.04.050 of the Town of Mammoth Lakes Municipal Code related to Town Council compensation.

9.5. Approve the resolution authorizing the temporary closure of Canyon Boulevard for the Mammoth Tuff event.

9.6. Accept Payment Approval No. 23-06 in the amount of $1,738,009.33. Accept Payment Approval Report No. 23-06 (2) in an amount of $2,436,247.15. Accept Payment Approval Report No. 23-07 in the amount of $3,029,875.47.

10. 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.

10.1. Transit Community Facilities District (CFD) No. 2013-3 Annexation No. 5.

11. POLICY MATTERS

11.1. Resolution authorizing the Eastern Sierra Council of Governments to Establish a Program of Work to be Known as the “ESCOG: Community Economic Resiliency Fund Pilot Program.”

11.2. Agreement for Eastern Sierra Transit Authority to provide Maintenance Worker Services to the Town of Mammoth Lakes.

11.3. Resolution authorizing the use of Solid Waste Franchise Fees to offset increased disposal costs and discussion of potential future rate increase due to extraordinary circumstances.

11.4. Fourth Quarter Fiscal Year 21-22 Budget Review - Amendment Recommendations for FY21-22 and FY22-23 Operating Budgets.

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

13. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, September 21, 2022 at 4:00 p.m.

Capital Project Update
September Update
Created 8-30-22
Project Notes
CRC Work continues on interior insultation and utilities.

Much of the exterior utility work has been placed underground.

Staff expects more trades to arrive onsite in September, including framers, plumbers, and masons.

At this time there is not a defined opening date for the facility.

CRC - Mobility Hub Contractor will begin framing the bus shelter.

Grading work has begun on the parking lot.

Tesla is expected to start their work later in the month.

CRC - Interior Work Town staff has provided contractor scope, awaiting proposal.

The Parcel PH 1 Construction of Building A1 exterior concrete walls and slab on grade is complete. Formwork for the 2nd floor concrete podium is underway, with concrete placement expected in the next couple of weeks.

Formwork is in place for Building B1 exterior concrete walls, with concrete “shotcrete” placement expected the first week of September.

All of the prefabricated building modules have been constructed at the off-site factory and are scheduled to ship the first week of September, with installation on-site expected toward the end of September.

Installation of public storm drain is ongoing along Inyo St and Tavern Rd. 2021 Road Rehabilitation The project is substantially complete. With only minor punchlist items remaining.

Bluffs Slurry Seal The project is complete and ready to closeout.

Ballfields Rehabilitation
Whitmore/Shady
Contractor began work on the Ballfields Rehabilitation Project on 8/18/22. Contractor removed sod and performed grading work to remove high spots on field. The Contractor is now placing topsoil in preparation for installation of sod that will reduce the size of the infield to proper softball playing field dimensions. Additionally, Contractor is preparing to place decomposed granite and infield mix material to raise the infield level to match the outfield and create a pristine playing surface and field size for Little League and High School Women’s Softball. 60 Joaquin The design-build team is working on their design package. They intend to submit for PEDC review in the next month.

OMR Beautification No bids were received. Town staff is reaching out to several landscape contractors to determine interest in negotiating to perform the work this summer/fall.

Main Street Landscaping No bids were received. Town staff is reaching out to several landscape contractors to determine interest in negotiating to perform the work this summer/fall.

HSIP Intersection crossings The Town has received final plans and has submitted documents to Caltrans for construction funding. Due to budget constraints, the project has been split into 2 phases, with upgrades to existing crosswalks at Laurel Mountain Rd and the Post Office as phase 1, and construction of the new crosswalk at Mountain Blvd as phase 2. Staff anticipates bidding in September upon allocation of funding and awarding in October, with work occurring in October and November.

Chaparral Extension (The
Parcel)
The contractor is working to mobilize for tree removal and installation of utilities toward the middle to end of September.

Laurel Mountain Rd Rehab
& Sidewalk
The Contractor is working to mobilize for installation of sewer and storm drain toward the middle to end of September. Construction of sidewalk and other surface features will likely occur in 2023.

Fuel Island Staff has identified an economically viable path forward to remediate the Fuel Island. Work would include opening, cleaning, inspecting, and potentially lining the tanks. The above ground concrete slab and ports would be replaced with more durable equipment. Any equipment found to be questionable would be replaced. This option would add at least 10 years to the life of the tanks for about half of the identified budget. Initial inspection and lining of the tanks is anticipated to occur in October, with above-groundwork occurring afterwards.

Minaret MUP Staff have reviewed and commented on 90% plans and are awaiting final design plans. No construction funding has yet been identified.

New Civic Center HMC has submitted a rough budget and program for the project. Staff is working with the Town Manager on the viability of the project. A discussion on this project with Council is forthcoming.

Foundation Childcare Town Council awarded a contract to AP Architects. Staff is working to finalize the contract and kickoff the design work.

Main Street MUP Staff and our consultant are responding to Caltrans comments on initial plans. Town will then work with consultant to move on to detailed engineering design phase. No construction funding has yet been identified.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Did you Know? Trails.

Council Meeting Date: 9/7/2022
Prepared by: Pam Kobylarz, Assistant to the Town Manager Recommended Motion: This is an informational item only.

Summary: Each month the Town publishes a “Did you Know?” piece that highlights aspects of the Town’s programs and services that the public may not be familiar with. This month’s piece focused on trails. It was published in The Sheet, the Mammoth Times, and el Sol on the weekend of August 19, as well as being posted on the Town’s social media and website.

DID YOU
KNOW?
TownofMammothLakes.ca.gov Town of Mammoth Lakes
• Currently three miles of new trails are under construction in the Mammoth Lakes Basin.
• Voter approved Measures R & U, along with grants, donations, and volunteer labor support the Mammoth Lakes Trails System within the municipal boundary of the Town.
• The Town and its partners continue to promote education and appropriate trail use through the Mammoth Lakes Trail System Host Program. • The new Office of Outdoor Recreation will house the existing Measure R trails program and will work to maintain and enhance trails and other outdoor infrastructure, including bike racks, toilets, parking and signage. • The Town, in cooperation with the Inyo National Forest, helps to ensure trails are usable and safe through tree removal, erosion mitigation, and appropriate signage.
• There are many opportunities for the public to help support sustainable recreation, including Trail Days, Adopt-a-Trail, Tangle Free Waters, and the Host Program.

Did you know that the Town of
Mammoth Lakes provides maintenance
and support for approximately 30 miles of
trails within the Town boundary?
For more information visit mammothtrails.org or scan here Page 7 of 155 Mammoth Lakes Town Council
Agenda Action Sheet
Title: Update on Inyo Mono Advocates for Community Action (IMACA) Programs, Services, and Introduction of New Executive Director.

Council Meeting Date: 9/7/2022
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Receive update
Summary:

Kate Morley, Executive Director of IMACA (Inyo Mono Advocates for Community Action) will provide the Town Council with an update on IMACA’s programs and services. Ms. Morley is also stepping down from the Executive Director role in mid-September and will introduce the new incoming Executive Director. The Council and other local agencies provided IMACA with emergency financial support this past year as the Agency struggle with financial solvency. The financial support allowed IMACA to continue providing community services and to transition some services to other providers. Services included:
- Preschool
- Energy Assistance
- Food distribution
- Housing/homeless services.

The Town assisted with the transition of the Mammoth Lakes Preschool program to the Mono County Office of Education and for the program to be located as part of Phase 1 of the Parcel. The transition will provide additional childcare services and the Town is providing financial support for the facility buildout. IMACA has continued to work to address operations, transition services, and financial stability. The presentation will provide additional details and information on the status and ongoing work of IMACA.

Town Council of Mammoth Lakes
Minutes of Regular Meeting
August 17, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser,
Councilmember Kirk Stapp
_____________________________________________________________________

1. CALL TO ORDER
The Mayor called the meeting to order at 4:02 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
Councilmember Rea led the flag salute.

3. PUBLIC COMMENTS
Phillip Bettencourt, resident of La Quinta, CA, thanked the Council for making Mammoth a great recreational resource.

Jane Anderson, JLA Project, outlined continuing maintenance efforts at the skate park. She outlined an incident she had with a bear at her house.

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

Town Council Minutes
August 17, 2022

5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Town Clerk Jamie Gray reported on the six candidates who filed to run for Town Council.

Office of Outdoor Recreation Manager Lawson Reif gave an update regarding current outdoor recreation activities. There was discussion among members of Council and staff.

Dakota Snider, Mammoth Lakes Tourism (MLT) Senior Manager of Marketing and Events, introduced the new MLT Office Manager Jetsabel Aleman and gave an update regarding air service and current MLT activities. There was discussion among members of Council and staff.

6. INTRODUCTIONS

6.1 Introduce new Public Works Maintenance Worker Isidro Ocampos.

Public Works Maintenance Manager Todd Murphy introduced Mr.

Ocampos to the Council and the community.

6.2 Introduce new Public Works Maintenance Worker Derrick Halferty.

Public Works Maintenance Manager Todd Murphy introduced Mr. Halferty to the Council and the community.

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

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

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.

Town Council Minutes
August 17, 2022

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

8.1 Housing Impact Mitigation Fee Schedule Update.

The Mayor opened the public hearing at 4:24 p.m.

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

With no members of the public coming forward to speak, the Mayor closed the public hearing at 4:28 p.m.

Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Adopt the attached resolution making the required findings to adopt a Housing Impact Mitigation Fee Schedule.

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

9. POLICY MATTERS

9.1 Appeal of Administrative Citations for TOT enforcement case #44466 Monterey Pine Road.

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

Andrew Lazar, property owner, said that he did not know that there was a setting he could use to change his ad to over 31 days. He asked that he be refunded the $3,000 since he did not think he was treated fairly.

Town Council Minutes
August 17, 2022

Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
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.

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

9.2 Consider the ordinance amending Chapter 2.04.050 of the Town of Mammoth Lakes Municipal Code related to Town Council Salaries.

Town Clerk Jamie Gray outlined the information in the staff report. There was discussion among members of Council and staff.

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

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

9.3 Attendance and Voting Delegates for 2022 League of Cities Annual Conference to be held September 7-9, 2022.

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

There was discussion among members of Council and staff.

Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Kirk Stapp
Appoint Councilmember Bill Sauser as the Town’s voting delegate and Town Manager Holler as the alternate delegate.

Town Council Minutes
August 17, 2022

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

9.4 Town of Mammoth Lakes priorities for the FY23 Inyo National Forest Program of Work.

Town Manager Daniel C. Holler and Office of Outdoor Recreation Manager Lawson Reif outlined the information in the staff report. There was discussion among members of Council and staff.

Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Kirk Stapp
Approve the proposed Town priority areas of work to be submitted to the Inyo National Forest for consideration for inclusion in their FY23 Program of Work, as modified to delete "nordic" from "expanded grooming." For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)

10. COUNCILMEMBER REPORTS
Councilmember Sauser attended the Local Transportation Commission meeting and the Eastern Sierra Transit Authority Board meeting.

Mayor Pro Tem Wentworth attended the Local Transportation Commission meeting and the Eastern Sierra Council of Governments meeting. There was discussion among members of Council.

Mayor Salcido attended the Eastern Sierra Council of Governments meeting and the retirement party for Fire Chief Frank Frievalt.

Town Council Minutes
August 17, 2022

11. ADJOURNMENT
The Council adjourned the meeting at 5:26 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) October 7, 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 7th day of September 2022.
________________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Adopt the resolution approving an amended Conflict of Interest Code.

Council Meeting Date: 9/7/2022
Prepared by: Jamie Gray, Town Clerk
Recommended Motion: Adopt the resolution approving an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

Summary: The Political Reform Act requires every local government agency to review its conflict of interest code biennially. The conflict of interest code was last updated in 2020. The attached resolution includes new positions that must be designated, deletes positions that have been abolished, and revise titles of existing positions. The resolution has been reviewed by the Town's legal counsel at BBK.

The proposed changes include the addition of the positions of Airport Deputy Manager, Assistant Planner, Permit Technician/Plans Examiner, and the Office of Outdoor Recreation Manager.

Also added are members of the Mammoth Trails Committee and the Allocations Committee.

Deleted positions include the Plans Examiner/Engineer and the Senior Public Works Inspector.

The position of Finance Manager was changed to Accounting Manager.

RESOLUTION NO. 22-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH

LAKES, STATE OF CALIFORNIA, APPROVING AND ADOPTING AN

AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees, and consultants of the Town of Mammoth Lakes (the “Town”) and requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the Town Council adopted a Conflict of Interest Code (the “Code”) which was last amended on July 1, 2020, in compliance with the Act; and WHEREAS, subsequent changed circumstances within the Town have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Town’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the Town being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and WHEREAS, notice of the time and place of a public meeting on, and of consideration by the Town Council of, the proposed amended Code was provided each affected designated employee and publicly posted for review at the offices of the Town Clerk; and
WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the Town Council on September 7, 2022, at which all present were given an opportunity to be heard on the proposed amended Code.

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

1. The Town Council does hereby adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto, and which shall remain on file with the Town Clerk and shall be available to the public for inspection and copying during regular business hours; and

2. Said amended Conflict of Interest Code shall become effective immediately after the adoption and approval of this Resolution (“Effective Date”).

APPROVED AND ADOPTED THIS 7
th day of September, 2022.

LYNDA SALCIDO, Mayor
ATTEST:

JAMIE GRAY, Town Clerk

CONFLICT OF INTEREST CODE
OF THE

TOWN OF MAMMOTH LAKES
Town of Mammoth Lakes
Conflict of Interest Code
(Amended September 7, 2022)

The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the FPPC to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the FPPC are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the Town of Mammoth Lakes (the “Town”).

All officials and designated positions required to submit a statement of economic interests under the Town’s Conflict of Interest Code shall file their statements with the Town Clerk as the Town’s Filing Officer. The Mayor, Members of the Town Council and Planning Commission, the Town Manager, the Town Attorney, and the Town Treasurer shall file such statements electronically directly with the Fair Political Practices Commission1. The Town Clerk shall retain original statements of all other designated positions and make all retained statements available for public inspection and reproduction during regular business hours. (Government Code Section 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code Section 53235 (AB 1234). The Town’s Filing Officer shall annually provide al filers with information on training available to meet the requirements of Section 53235 and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training, These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Government Code Section 53235.2.)
1 Assuming and Leaving Office Statements for these officials shall be filed with the Town Clerk for submittal to the FPPC.

APPENDIX

TOWN OF MAMMOTH LAKES CONFLICT

OF INTEREST CODE
(Amended September 7, 2022)
PART “A”
The Mayor, Members of the Town Council and Planning Commission, the Town Manager, the Town Attorney, the Town Treasurer, and all other Town Officials who manage public investments, as defined in 2 California Code of Regulations Section 18700.3(b), are NOT subject to the Town’s Conflict of Interest Code but must file disclosure statements under Government Code Section 87200 et seq. (Regulations Section 18730(b)(3))

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other Town Officials who manage public investments.2 These positions are listed here for informational purposes only.

Financial Consultant
2 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Section 87200.

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Airport Maintenance Coordinator 5
Airport Operations and Maintenance Manager 2, 3, 5
Assistant Clerk 5
Assistant Engineer 2, 3, 5, 6
Assistant Planner 5
Assistant to the Town Manager 5
Associate Civil Engineer 2, 3, 5, 6
Associate Planner 2, 3, 5, 6
Building Inspector/Plans Examiner 2, 3, 5, 6
Building Official 5, 6
Community and Economic Development Director 1, 2
Deputy Airport Manager 2, 3, 5, 6, 7
Director of Content, Communications and PR, MLT 5
Director of Marketing, MLT 5
Director of Sales and International Marketing, MLT 5
Senior Manager of Marketing and Events, MLT 5
Engineering Assistant 2, 3, 5, 6
Engineering Manager 1, 2

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Executive Assistant to the Police Chief 5
Executive Director, MLH 1, 2
Program Director, MLR 1, 2
Executive Director, MLT 1, 2
Accounting Manager 4
Fleet Superintendent 5
Human Resources Manager 5
Office Manager and Marketing Assistant, MLT 5
Outdoor Recreation Manager 2, 3, 5, 6, 7
Parks and Recreation Director 2, 3, 5
Parks Manager 5
Permit Technician 6
Permit Technician/Plans Examiner 6
Police Chief 5
Program and Facilities Coordinator 5
Public Works Director 5
Public Works Maintenance Manager 5
Recreation Manager 5
Recreation Supervisor 5
Senior Planner 1, 2
Town Attorney (not filing under Government Code 87200) 1, 2 Town Clerk 5

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED

MEMBERS OF BOARDS, COMMITTEES, AND COMMISSIONS
Allocations Committee 1, 2
Building Advisory Committee/Board of Appeals 1, 2
Mammoth Lakes Housing (MLH) Board 1, 2
Mammoth Lakes Recreation (MLR) Board 1, 2
Mammoth Lakes Tourism (MLT) Board 1, 2
Mammoth Trails Committee 1, 2
Recreation Commission 1, 2
Consultants and New Positions3
3 Individuals serving as a consultant as defined in FPPC Regulation 18700.3 or in a new position created since this Code was last amended, that makes or participates in making decisions must file under the broadest disclosure requirements set forth in this Code subject to the following limitation: The Town Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Government Code Section 82019, FPPC Regulations 18219 and 18734.) The Town Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Government Code Section 81008.)

PART “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.4 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the Town.

Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, that are located in, that do business in, or own real property within the jurisdiction of the Town.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the Town.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, which engage in land development, construction, or acquisition or sale of real property within the jurisdiction of the Town.

Category 4: All investments and business positions and business entities, and sources of income, including gifts, loans, and travel payments, that provide services, products, materials, machinery, or equipment of a type purchased or leased by the Town.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, that provide services, products, materials, machinery, or equipment of a type purchased or leased by the designated position’s department, unit, or division.

Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, subject to the regulatory, permit, or licensing authority of the department, unit, or division.

Category 7: All investments, business positions and income, including gifts, loans, and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the Town. 4 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Regulation 18730.1)

Town Council
Agenda Action Sheet
Title: Waive the reading and adopt by title only the ordinance amending Chapter

2.04.050 of the Town of Mammoth Lakes Municipal Code related to Town Council Salaries.

Commission Meeting Date: 9/7/2022
Prepared by: Jamie Gray, Town Clerk
Recommended Motion: Waive the reading and adopt 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.

The Town Council voted unanimously to introduce the ordinance at the August 17, 2022 Town Council meeting.

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 7
th day of September, 2022.
_________________________________
LYNDA SALCIDO, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the resolution authorizing the temporary closure of Canyon Boulevard for the Mammoth Tuff event.

Council Meeting Date: 9/7/2022
Prepared by: Stuart Brown, Parks and Recreation Director Recommended Motion: Approve the resolution authorizing the temporary closure of Canyon Boulevard for the Mammoth Tuff event on September 17, 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 the Mammoth Tuff 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 event 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 TUFF EVENT ON SEPTEMBER 17, 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 Tuff 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 Tuff event will be donated to the Mammoth Mountain Community Foundation (MMCF) and Mammoth Lakes Recreation (MLR), local non-profit organizations 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 17, 2022 from 5:00 a.m. to 11:00 p.m. when all traffic control devices will be removed; and

3. Declares there is a public benefit from the Town facilitating the Mammoth Tuff 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 7
th September, 2022.
__________________________
LYNDA SALCIDO, Mayor
ATTEST:
_________________________
JAMIE GRAY, Town Clerk

1 TOWN COUNCIL STAFF REPORT
Title: Transit Community Facilities District (CFD) No. 2013-3 Annexation No.

5. Meeting Date: September 7, 2022
Prepared by: Amy Callanan, PE, Engineering Manager
RECOMMENDATION:

Adopt the attached two resolutionsto annex property into the Community Facilities District No. 2013-3 (Transit CFD) and declaring the results of the landowner election. Waive the first reading and adopt by title only the attached ordinance authorizing the levy of special taxes in Community Facilities District No. 2013-3.

BACKGROUND:

The Town has received petitions from developers requesting the Town Council complete proceedings to annex the developers’ properties into the Mello-Roos Community Facilities District (CFD) 2013-3. The petition requests the Town finance services and improvements with a special tax levied against properties included in the District that allow transient occupancies. The properties include the Yotel project, the Obsidian Phase 2 Remainder parcel, the Villas 3 project, and three additional vacant and unentitled parcels at the corner of Joaquin Rd and Meridian Blvd. The annexation map has been recorded with Mono County as shown in Attachment 6. Town Council has previously adopted a resolution declaring its intention to annex the properties into the CFD and authorizing the levy of special taxes and setting the time and date for this public hearing. Properties are not subject to the tax until an occupancy permit has been issued.

Today’s annexation process involves:
 a public hearing to consider adoption of a resolution of annexation;  special election of landowners. A minimum of 2/3 of votes in favor of annexation are required in order for annexation to proceed;
 adoption of a resolution declaring the election results; and  adoption of an ordinance levying special taxes.

ATTACHMENTS:

1. Order of Proceedings for Hearing and Subsequent Actions

2. Resolution Annexing Properties

3. Resolution Declaring Results of Landowner Election

4. Annexation Ordinance

5. Amendment No. 5 to Notice of Special Tax Lien

6. Annexation No. 5 Boundary Map

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 5

ORDER OF PROCEEDINGS FOR HEARING AND SUBSEQUENT ACTIONS The Mayor makes the following opening remarks:
“This is the time and place for the public hearing for the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) Annexation No. 5. The hearing is to inquire into the annexation of property into the District and the levy of special taxes for Town-wide transit services within or adjacent to the District. Before I formally open the hearing, are there any property owners or registered voters in the District or territory to be annexed who wish to file written protests? If so, they must be filed with the Town Clerk now.”
[Pause to see if there are any written protests.]
“The hearing is now open. We will first have presentations by staff about the annexation of territory to the District. After that, we will receive comments and questions and any oral protests from any interested persons. When all comments have been received the hearing will be closed.” Staff makes presentations.

Mayor asks for comments, questions and protests from audience.

When no more comments, Mayor closes the public hearing and says:
“The hearing is closed. We may now consider and adopt the Resolution Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of a Special Tax to Qualified Electors.” Mayor asks for comments, and questions from Council.

Council considers a motion to ADOPT:

1. A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors. (***Council Votes to adopt resolution)
Mayor then says:
“Will the Clerk please announce the result of the property owner vote?” Clerk announces result and completes the Canvass (attached to the Resolution below).

Mayor then says:
“The record shows that at least 2/3rds of the property owner votes are in favor of the annexation of territory and levy of the special tax. We may now proceed with the final actions for the annexation of territory to the District.”
Council considers a motion to ADOPT:

1. A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring Results of a Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the Fifth Amendment to Notice Special Tax Lien.
(***Council Votes to adopt resolution)
Council considers a motion to WAIVE FIRST READING AND INTRODUCE BY TITLE ONLY:

2. An Ordinance of the Town Council of the Town of Mammoth Lakes, State of California, Authorizing the Levy of Special Taxes in a Community Facilities District, Including Certain Annexation Territory.
(***Council Votes to introduce ordinance)

END OF ITEM

RESOLUTION NO.

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH

LAKES, STATE OF CALIFORNIA, AUTHORIZING THE ANNEXATION OF

TERRITORY INTO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE

LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO

QUALIFIED ELECTORS

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 5
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the Town Council of the Town of Mammoth Lakes (the “Town”) previously conducted proceedings to establish the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “District”), and WHEREAS, this Town Council on July 20, 2022, adopted its Resolution No. 22-60 entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) stating its intention to annex the territory to the District pursuant to the Act; and
WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the District and stating the services to be funded by the District and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the Town Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and WHEREAS, on the date hereof, this Town Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the closing of the hearing, no written or oral protests had been made against the proposed annexation of territory to the District by (i) any registered voter residing in the existing District, or (ii) any registered voter residing in the territory proposed to be annexed to the District, or (iii) any of the owners of land in the existing District, or (iv) any of the owners of land in the territory proposed to be annexed to the District; and
WHEREAS, Annexation Map No. 5 to the District has been filed with the County Recorder of the County of Mono, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the Town Clerk.

Resolution No. 22-

NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY RESOLVE as follows:

1. The foregoing recitals are true and correct.

2. All prior proceedings taken by this Town Council with respect to the District, prior annexations, and the proposed fifth annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act.

3. The boundaries of the territory to be annexed to the District, as set forth in the map entitled “Annexation Map No. 5 of Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services)“ on file with the Town Clerk and heretofore recorded in the Mono County Recorder’s Office on July 28, 2022 in Book 2 at Page 86 of Maps of Assessment and as Document No. 2022003000 and Community Facilities Districts are hereby finally approved, are incorporated herein by this reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

4. The provisions of the Resolution of Intention are, by this reference incorporated herein, as if fully set forth herein.

5. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the qualified electors of the area to be annexed to the District at an election called therefor as hereinafter provided.

6. This Town Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this Town Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Town Council finds that the qualified electors for purposes of the annexation election are the landowners within the territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District.

7. This Town Council hereby calls a special election to consider the measure described in Section 5 above, which election shall be held in the meeting room of the Town Council immediately following adoption of this Resolution. The Town Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the Town Clerk has on file the Resolution of Intention, a certified map of the proposed boundaries of the territory to be annexed to the District, and a sufficient description to allow the Town Clerk to determine the boundaries of the territory to be annexed to the District.

8. The voted ballots shall be returned to the Town Clerk no later than immediately following the adoption of this Resolution; and when the qualified electors have voted the election shall be closed.

9. Pursuant to Section 53327 of the Act, the election shall be conducted by hand-delivered ballot pursuant to the California Elections Code.

Resolution No. 22-

10. This Town Council acknowledges that the Town Clerk has caused to be delivered to the qualified electors of the District a ballot in the form set forth in Exhibit “A” hereto. The ballot indicated the number of votes to be voted by each landowner.

11. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.

12. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

13. The Town Clerk shall accept the ballot of the qualified electors in the Town of Mammoth Lakes Town Council meeting room upon and prior to the adoption of this Resolution, whether the ballot is personally delivered or is received by mail. The Town Clerk shall have ballots available which may be marked by the qualified electors at said location on the election day.

14. This Town Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified electors of the territory to be annexed to the District. The ballots to be executed by the qualified electors of the area to be annexed to the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this Town Council finds and determines that, to the extent that the qualified elector submits its ballot, the qualified elector will have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments and will have thereby been fully protected in these proceedings. This Town Council also finds and determines that the Town Clerk has concurred in the shortened time for the election.

15. This Resolution shall take effect upon its adoption.

APPROVED AND ADOPTED this 7
th day of September, 2022.
___________________________
LYNDA SALCIDO, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk

Resolution No. 22-

EXHIBIT A

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 5

OFFICIAL BALLOT

SPECIAL TAX ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the Town Clerk of the Town of Mammoth Lakes no later than the hour of 5:00 p.m. on Wednesday, September 7, 2022, either by mail or in person. The Town Clerk’s office is located at 437 Old Mammoth Road, Suite R, Town of Mammoth Lakes, California.

To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Town Clerk of the Town of Mammoth Lakes and obtain another.

The estimated maximum amount of money raised annually by this measure is expected to be $40,743, in 2022/23 special tax rates, upon full build out of the CFD, based on the rate and duration of the special tax and subject to the tax escalation factor, as set forth in the rate and method of apportionment of special taxes for the CFD.

BALLOT MEASURE: Shall the Town of Mammoth Lakes, by and for its Community Facilities District No. 2013-3 (Transit Services) (the “District”), be authorized to levy special taxes within the territory annexed to the District pursuant to and as described in the Resolution of Intention to Annex Territory, adopted by the Town Council of the Town of Mammoth Lakes on July 20, 2022, and shall the annual appropriations limit of the District be increased by the amount of $40,743?
Yes: __________
No: __________
By execution in the space provided below, you also confirm your written waiver of any time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.

Number of Votes:

Property Owner:

By:

RESOLUTION NO.

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH

LAKES, STATE OF CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL

ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR

PROCEEDINGS, AND DIRECTING THE RECORDING OF THE FIFTH

AMENDMENT TO NOTICE OF SPECIAL TAX LIEN

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 5
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the Town Council of the Town of Mammoth Lakes (the “Town”) previously conducted proceedings to establish the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “District”), and WHEREAS, in proceedings conducted by this Town Council pursuant to the Act, this Town Council has adopted a Resolution entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors” (the “Resolution of Annexation”), which called for a special election of the qualified landowner electors in the territory of land proposed to be annexed to the District; and WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the Town Clerk has on file a Canvass and Statement of Results of Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and WHEREAS, this Town Council has been informed of the Canvass, finds it appropriate, and wishes to complete its proceedings for the annexation of territory into the District.

NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY RESOLVE as follows:

1. The foregoing recitals are true and correct.

2. The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this Town Council, all as described in Resolution No. 22-60, entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” adopted by this Town Council on July 20, 2022.

3. Pursuant to the Canvass on file with the Town Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the District by more than two-thirds (2/3) of the votes cast at the special election.

Resolution No. 22-

4. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of the District and this Town Council may levy special taxes therein as heretofore provided in these proceedings.

5. It is hereby found that all prior proceedings and actions taken by this Town Council with respect to the District, the prior annexations, and the territory annexed thereto were valid and in conformity with the Act.

6. Within 15 days of the date of adoption hereof, the Town Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Mono, a Fifth Amendment to Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code.

7. This Resolution shall take effect upon its adoption.

APPROVED AND ADOPTED this 7
th day of September, 2022.
___________________________
LYNDA SALCIDO, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk

Resolution No. 22-

EXHIBIT A

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 5

CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on September 7, 2022, I canvassed the returns of the election held on September 7, 2022, in the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services), Annexation No. 5 of the Town of Mammoth Lakes and the total number of ballots cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
Town of Mammoth Lakes
Community Facilities District No. 2013-3
(Transit Services), Annexation No. 5
Special Tax Election, September 7, 2022 ____ _____ _____ _____ BALLOT MEASURE: Shall the Town of Mammoth Lakes, by and for its Community Facilities District No. 2013-3 (Transit Services) (the “District”), be authorized to levy special taxes within the territory annexed to the District pursuant to and as described in the Resolution of Intention to Annex Territory, adopted by the Town Council of the Town of Mammoth Lakes on July 20, 2022, and shall the annual appropriations limit of the District be increased by the amount of $40,743?
Yes: __________
No: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on September 7, 2022.

By:

Town Clerk
Town of Mammoth Lakes

ORDINANCE NO.

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH

LAKES, STATE OF CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES

IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN

ANNEXATION TERRITORY

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 5
WHEREAS, the Town of Mammoth Lakes (the “Town”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) to establish the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “District”) for the purpose of financing the costs of the services and maintenance related to the Town-wide transit system, and related appurtenances (the “Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District (the “Rate and Method”) is set forth in Exhibit B to the Town Council Resolution entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, California, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), which was adopted on April 17, 2013; and WHEREAS, the Town has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the Town Council, on September 7, 2022, adopted a Resolution entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring the Results of Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the Fifth Amendment to Notice of Special Tax Lien.” NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY ORDAIN as follows:

1. The foregoing recitals are true and correct.

2. By the passage of this Ordinance, the Town Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in fiscal year 2013-14 pursuant to Ordinance No. 13-04 passed and adopted by the Town Council on May 1, 2013, and the special tax is hereby levied commencing in fiscal year 2022-23 in the District, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District.

3. The Town’s Finance Director, designee, employee, or consultant of the Town is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution of Formation.

Resolution No. 22-

4. Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution of Formation.

5. All of the collections of the special tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the Town in administering the District, and the costs of collecting and administering the special tax.

6. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Town Council may provide for other appropriate methods of collection by resolution(s) of the Town Council. The Finance Director of the Town is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Mono in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Mono for fiscal year 2022-23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the Town.

7. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected.

8. The Mayor shall sign this Ordinance and the Town Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation for the Town.

9. This Ordinance takes effect upon its adoption.

INTRODUCED and first read on the 7
th day of September, 2022; and PASSED AND ADOPTED this 21st day of September, 2022.
___________________________
LYNDA SALCIDO, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk

RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

Town Clerk
Town of Mammoth Lakes
Post Office Box 1609
Mammoth Lakes, CA 93546
For the benefit of the Town
Exempt from recording fees pursuant to
Government Code Section 27383

FIFTH AMENDMENT TO

NOTICE OF SPECIAL TAX LIEN
Town of Mammoth Lakes
Community Facilities District No. 2013-3
(Transit Services)
Annexation No. 5
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the California Government Code, the undersigned Town Clerk of the Town of Mammoth Lakes (the “Town”), County of Mono, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the Town Council of the Town, on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of services described in, and said special tax is to be levied according to the rate and method of apportionment set forth in, that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Mono, State of California on May 6, 2013, at the hour of 4:20 o’clock p.m. as Document No. 2013002538, to which recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated herein in full by this reference.

This Fifth Amendment to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) the lands set forth in that certain “Annexation Map No. 5 of the Town of Mammoth Lakes Community Facilities District No. 2013- 3 (Transit Services), County of Mono, State of California,” heretofore recorded on July 28, 2022 in Book 2 at Page 86 of Maps of Assessment and as Document No. 2022003000 and Community Facilities Districts in the office of the County Recorder of the County of Mono, State of California.

The assessor’s parcel numbers of all parcels or any portion thereof which are included in this Fifth Amendment to Notice of Special Tax Lien, together with the names of the owners thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the Town are as set forth in Exhibit A hereto and hereby made a part hereof.

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the Town of Mammoth Lakes, 437 Old Mammoth Road, Mammoth Lakes, California 93546; telephone number (760) 965-3660.

Dated: As of ____________, 2022
By: ________________________________
Jamie Gray, Town Clerk
Town of Mammoth Lakes

Exhibit A

EXHIBIT A

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 5
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND WITHIN DISTRICT Assessor’s
Parcel Numbers Name of Property Owner
033-043-001-000 ONE MAMMOTH LLC
033-043-002-000 ONE MAMMOTH LLC
033-043-003-000 ONE MAMMOTH LLC
033-170-003-000 MAMMOTH SPRINGS RESORT LLC
033-170-004-000 MAMMOTH SPRINGS RESORT LLC
033-170-005-000 MAMMOTH SPRINGS RESORT LLC
033-330-087-000 MAMMOTH SPRINGS RESORT LLC
033-370-028-000 OBSIDIAN PRIVATE RESIDENCE CLUB ASSN

1 TOWN COUNCIL STAFF REPORT
Title: Resolution authorizing the Eastern Sierra Council of Governments to Establish a Program of Work to be Known as the “ESCOG: Community Economic Resiliency Fund Pilot Program.”
Meeting Date: September 7, 2022
Prepared by: Daniel C. Holler, Town Manager
RECOMMENDATION:

Adopt the Resolution approving a Program of Work to be Known as the “ESCOG: Community Economic Resiliency Fund Pilot Project.”
BACKGROUND:

The Eastern Sierra Council of Governments (ESCOG) Joint Powers Agreement (JPA) requires the ESCOG to obtain specific authorities from its member agencies to receive funding or conduct certain project work via resolution of the ESCOG Board and secondly by resolution of the member agency boards. Based on exceptional opportunities associated with the Community Economic Resiliency Fund (CERF) program, and in response to input and general direction among member agencies and regional management, the ESCOG Board has adopted a resolution establishing a Program of Work to be known as the ESCOG: Community Economic Resiliency Fund Pilot Project. The ESCOG Board is requesting Town Council adopt the attached resolution empowering the ESCOG to commence the program of work. The resolution adopted by the ESCOG Board is attached as well.

The CERF will provide a $5,000,000 planning grant for regional economic development planning in the Eastern Sierra subregion, which includes Alpine, Amador, Calaveras, Inyo, Mariposa, Mono, and Tuolumne Counties to be focused on economic resilience, equity, and transitioning to carbon neutrality. Once the Eastern Sierra Region’s CERF planning process is complete, the region will be eligible to apply for $500 million in competitive funding for implementation of the Eastern Sierra Region’s Regional Plan with invitations for project solicitations anticipated to be announced in Winter 2023.

The Sierra Business Council (SBC) submitted an application to serve as the “convener” of the CERF program for the Eastern Sierra subregion. As part of their application, the SBC allocated $250,000 to the ESCOG to coordinate participation in the CERF for local jurisdictions and community organizations. The ESCOG is unable to receive this funding absent approval of the attached resolution by the Board and all member agencies.

Staff has met with regional managers to ensure these authorities would serve to build economic development capacity for the region and expand and not duplicate the individual efforts of the members agencies. Staff has incorporated the feedback of regional managers into the attached resolution. Specifically, regional management requested the resolution constrain the scope of the ESCOG authorities to receiving funding for and participating in the CERF and CEDS opportunities until such a time that those strategic plans are finalized, at which point the ESCOG shall return to request additional authorities for strategic regional implementation.

2 Concurrent to these activities, Inyo County is serving as the lead agency to create a Comprehensive Economic Development Strategy (CEDS) to include Inyo and Mono Counties and the development of the CEDS is a mandatory perquisite to access certain EDA funding sources, and the ESCOG can serve to coordinate the implementation of defined elements of the regional CEDS and serve as a funding source for defined EDA or other related grants. The attached resolution also requests authorities for ESCOG to participate in the development of the CEDS regional economic development strategy. Elements of the Town’s Destination Resort Community Economic Development Strategy (DRCEDS) will be incorporated into the regional CEDS.

FINANCIAL:

Th proposed program of work for ESCOG will not have any direct financial impact on the Town.

The funding sources will support ESCOG’s efforts and participation in the CERF and CED programs. Town staff time will be committed to the project as we will participate as one of the partner agencies in both areas of work.

RESOLUTION NO. 22-

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

STATE OF CALIFORNIA, APPROVING A PROGRAM OF WORK TO BE KNOWN AS THE “ESCOG: COMMUNITY ECONOMIC RESILIENCY FUND PILOT PROGRAM” WHEREAS, on January 7, 2020, the Eastern Sierra Council of Governments (ESCOG) convened as an established Joint Powers Authority as ratified by the votes of the governing bodies of its individual Member Agencies, understanding that it is necessary and desirable for the Eastern Sierra Council of Governments as a Joint Powers Authority to speak and to function on behalf of the region and to collectively identify and deliver opportunities to benefit the interests of Member Agencies’ constituents; and
WHEREAS, the Member Agencies agreed that the creation of a regional Joint Powers Authority that functions as a separate and discreet legal entity from individual Member Agencies would enable the Eastern Sierra Council of Governments to maximize and take advantage of opportunities for the region; and
WHEREAS, the Eastern Sierra Council of Governments Joint Powers Authority was organized to (1) provide a forum for discussion and study of regional issues of interest to the Member Agencies; (2) identify and plan for the solution of identified regional issues requiring multi-governmental cooperation; (3) facilitate actions and agreements among the Member Agencies for specific project development; and (4) conduct other region wide functions as Member Agencies deem appropriate; and WHEREAS, the ESCOG was further organized to identify and apply for funding resources and to apply for and receive funding for the planning and implementation of Programs of regional impact or significance, and to implement such Programs, upon approval of the governing bodies of each Member Agency; and
WHEREAS, the State of California Governor’s Office of Business and Economic Development and the Office of Planning and Research have established an unprecedented $600 million regional economic development initiative known as the Community Economic Resilience Fund (CERF), which will provide a $5,000,000 planning grant for regional economic development planning in the Eastern Sierra subregion, which includes Alpine, Amador, Calaveras, Inyo, Mariposa, Mono, and Tuolumne Counties, to be focused on economic resilience, equity, and transitioning to carbon neutrality; and WHEREAS, once the Eastern Sierra Region’s CERF planning process is complete, the region will be eligible to apply for $500 million in competitive funding for implementation of the Eastern Sierra Region’s Regional Plan, with invitations for project solicitations anticipated to be announced in Winter 2023; and,
WHEREAS, The Rural County Representatives of California (RCRC) has received a grant from the federal Economic Development Administration (EDA) and is working with Inyo County as the lead agency to create a Comprehensive Economic Development Strategy (CEDS) to include Inyo and Mono Counties. The development of the CEDS is a mandatory perquisite to access certain EDA funding

Resolution No. 22-

sources. The ESCOG can serve to coordinate the implementation of defined elements of the regional CEDS and serve as a funding source for defined EDA or other related grants; and WHEREAS, Member Agencies will benefit from collective and enhanced collaboration on economic development projects such as those to be defined in the CERF planning effort and the regional CEDS and through a regional approach to accessing other State and Federal programs to support regional infrastructure, housing solutions, climate resiliency, sustainable recreation, and workforce development; and
WHEREAS, the constituents of the Member Agencies will benefit from funding opportunities to implement economic development activities of regional scope and significance through the authority of the ESCOG.

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

Section 1. That ESCOG be empowered to commence a pilot program to be known as the “ESCOG:

Community Economic Resiliency Fund Pilot Program” which is established and pursued by the Eastern Sierra Council Government using its Joint Powers Authority.

Section 2. That, in executing the “ESCOG: Community Economic Resiliency Fund Pilot Program,” ESCOG be empowered to carry out the actions and activities enumerated in Sections 2, 3, and 4 of Resolution No 2022-12 of the ESCOG Board of Directors, which is attached hereto as Exhibit A.

APPROVED AND ADOPTED THIS 7
th day of September 2022.
________________________________
LYNDA SALCIDO, Mayor
ATTEST:
_____________________________
JAMIE GRAY, Town Clerk

Exhibit A

Exhibit A

Exhibit A

Exhibit A

1 TOWN COUNCIL STAFF REPORT
Title: Agreement for Eastern Sierra Transit Authority to provide Maintenance Worker Services to the Town of Mammoth Lakes.

Meeting Date: September 7, 2022
Prepared by: Haislip Hayes, PE Public Works Director
RECOMMENDATION:

Authorize the Town Manager to execute an agreement with Eastern Sierra Transit Authority to provide Maintenance Worker Services.

BACKGROUND:

The Town of Mammoth Lakes (TOML) and Eastern Sierra Transit Authority (ESTA) have both struggled in recent years to hire qualified employees for seasonal work. Challenges related to housing and the general cost of living in the Eastern Sierra makes the unsecure nature of seasonal work less appealing. ESTA’s transit operations are seasonal in nature requiring ESTA to hire staffing twice a year. Union and retirement complications make retaining staff difficult as the number of hours available to part-time workers are restricted.

These restrictions have proven more and more challenging as the labor pool for qualified drivers is not large and ESTA cannot retain part-time drivers for more than one season.

Conversely, ESTA and the TOML have had success in hiring full-time staff members.

ESTA and Town Staff met to identify opportunities to hire more full-time ESTA drivers.

In an effort to reduce both our dependance on seasonal workers, staff developed a JobSharing Program which offers ESTA managed full-time, year-around, employment to local residents. By combining mutual needs to provide both transportation and maintenance in the Town, the program intends to stabilize employment for both partners. The core of the program centers around newly hired full-time ESTA drivers providing contracted maintenance services to the Town during seasonal gaps. These staff members would be hired with the knowledge and understanding that they would be fulfilling TOML maintenance worker duties twice a year. The program would allow ESTA to hire more fulltime employees as they would be able to commit to funding the positions. TOML envisions using these staff members in the spring to assist in the opening of various parks and with the monumental task of striping and painting all of the Town roads, crosswalks, and intersections. In the fall these workers would help transition to winter and perform deferred maintenance on TOML owned facilities.

The contract is proposed in one-year increments providing time to evaluate needs and costs.

The employees of the program would remain ESTA employees during Town service, and ESTA would invoice the Town for hours worked. The services provided are consistent with the Parks Maintenance Worker and the Public Works Maintenance Worker. Both of these job descriptions were incorporated into the contract. The Town and ESTA will work

2 together to determine the timing of the contracted labor to ensure there are no impacts to transit service. The contract outlines the management structure in which TOML will direct and manage the contract laborers while performing Town duties. In general, the contract provides both agencies the flexibility that will mutually benefit each other’s needs.

FINANCIAL CONSIDERATIONS:

The program would require using existing contractual services, seasonal worker, and overtime budgets depending on the department worked. Additional funding may be required if the program is successful. It is projected that ESTA will contract services to the Town for $34.80/hour. A 16-week program would cost about $22,000 per worker. Up to four workers is envisioned costing up to $88,000-$95,000 depending on the season and the hours worked.

1 TOWN COUNCIL STAFF REPORT
Title: Resolution authorizing the use of Solid Waste Franchise Fees to offset increased disposal costs and discussion of potential future rate increase due to extraordinary circumstances.

Meeting Date: September 7, 2022
Prepared by: Daniel C. Holler, Town Manager
Pam Kobylarz, Assistant to the Town Manager
RECOMMENDATION:

Approve the resolution authorizing the use of Solid Waste Franchise Fees and Parcel Fees to offset increased disposal costs due to higher gate fees at the Benton Crossing Landfill and provide direction on options to address increased solid waste costs.

BACKGROUND:

On July 19, 2022, Mono County increased the gate fee (tipping fee) at the Benton Crossing Landfill for solid waste disposal and processing. The increase for municipal solid waste as well as Construction and Debris (C&D) materials was $26 per ton, a change from $74 to $100. The increase was effective August 1, 2022. There was no formal notification to the Town and/or Mammoth Disposal prior to this fee increase being approved by the Mono County Board of Supervisors. The fee increase was implemented to partially offset deficits in the Mono County Solid Waste Fund. Rates were held at $74 per ton for the past several years subject to a flow agreement between the Town and County, which expired December 2021. The Town, through Mammoth Disposal, is continuing to use the Benton Crossing, which is scheduled to close at the end of 2022.

Mammoth Disposal is constructing a new transfer station at their current location in the Town. The new facility will allow for the long-haul of solid waste to a disposal facility in Nevada. The increase in tipping fees is because the County program is running a deficit in its solid waste enterprise fund, and the County is continuing to work with Calrecycle on Benton Crossing Landfill closure financial assurances and requirements. The County is continuing to work through its own solid waste management program following the closure of the Landfill. The Town’s transfer station is capable of handling all the county’s waste, but it is unlikely that much of the county waste will be processed through the transfer station. The County is expected to continue the use of the Pumice Valley Landfill, which is operated as a class 3 facility. It is currently used mostly for clean C&D materials, green waste, and as a small transfer station.

Additionally, Mammoth Disposal is experiencing increased operating costs in areas such as labor, fuel, maintenance, mandates, and other operations. However, they are not in a position to reduce operations to trim costs (i.e., reduce services), and they are not able to increase revenues (rates) without Town approval. The additional costs may be addressed

2 through an adjustment to the rates set in the Franchise Agreement (Agreement) over time or by requesting the Town to consider one-time rate increases for extraordinary circumstances, which is capped at 10% per year. The current rate structure includes a 5.6% increase each year through 2026. All rate increases are subject to the Prop 218 hearing process and new rates are effective each January. Mammoth Disposal has requested an adjustment to its rates to address the issues described above.

ANALYSIS:

Tipping Fee Increase
The $26 per ton increase in tipping fees at the Benton Crossing Landfill may be addressed in two ways. First, the Town may offset these fees through a direct payment to Mammoth Disposal. Second, a retroactive solid waste rate increase estimated at 6.3% may be implemented. The retroactive rate would be in addition to the currently planned rate increase of 5.6% on January 1. The increase would need to go through the Prop 218 hearing process and retroactive back to August 1.

The use of a direct payment by the Town would offset the increase to Mammoth Disposal’s operating costs and eliminate the need to pass this cost to residents and businesses. Staff is recommending this option. It is simpler, as Mammoth Disposal’s cost of disposal will again change with the completion of the Transfer Station and closure of the landfill. This will also be the least impactful on residents and businesses. It allows Mammoth Disposal to recover disposal costs as provided for in the Agreement, does not require the Prop. 218 process and addresses the near-term cost increases put into place as of August 1, 2022, at Benton Crossing Landfill. The construction of the new transfer station is anticipated to be completed late November or early December. The disposal costs using the new transfer station will be reviewed as well as any impacts of higher fuel costs and a marginal increase in anticipated tipping fees due to inflationary pressures. These costs are projected to be higher than what was incorporated in the current rate design.

The $26 per ton increase is expected to cost $127,500 over the period of August through November. This is based on actuals for August and a conservative estimate of solid waste tonnage increasing by 4% each month when compared to the same month last year. The increase is based on the average increase in solid waste flow May through July. August was not included, which saw a 23.2% increase in tonnage. No charges are included for any use of Benton Crossing during the month of December, which may occur given the start date of the transfer station and transition to long hauling the waste.

Solid Waste Related Increased Operating Costs
Mammoth Disposal has discussed with staff preliminary information regarding increased operational costs over and above what was projected with the adoption of the Franchise Agreement and associated rate schedule. The planned annual rate increases were set at a fixed rate of 5.6% through end of calendar year 2026, with increases effective each January starting in 2021. The rates were based on estimated operating costs, recovery of capital expenses, recycling mandates, and disposal/processing costs. The current rates were based on reviewing the previous 10 years of Consumer Price Index (CPI) increases and were

3 intended to cover both basic operational expenses and capital expenditures, replacement, and operating costs. Beginning in 2027 the rates are set to be increased based on a CPI index with a minimum of 1% and a maximum of 4%. The rate is based on annual CPI-U from August to August using the Los Angeles-Long Beach-Anaheim index. A review of the index shows it increased by an average of 2.97% from 2018 to 2020, which was only slightly more than the initial expectations. The increase for 2021 was 4%. The July 2022 rate was substantially higher, at 7.7%.
(https://www.bls.gov/regions/west/news-release/consumerpriceindex_west.htm).

The current CPI rate is substantially higher than anticipated for the first two years of the new rate structure. The CPI rate is currently at 11.7%, or 6.7% higher than projected. This does not include the increased cost of disposal discussed above.

Mammoth Disposal has reached out to staff regarding increased costs and discussed options to consider allowing a change to the Agreement and/or the use of the extraordinary circumstances provision to offset cost increases. Preliminary discussions with Mammoth Disposal indicate an operating cost increase in the 10%+/- range, excluding the disposal cost increase noted above. Under the extraordinary circumstances provision of the Franchise Agreement, a rate request not to exceed 10% per year may be requested for Town consideration. It is anticipated that costs over the next year or longer will continue to exceed the original CPI cost projections. To address current inflationary impacts and to build in stability in rates going forward, staff anticipates proposing a change to the Franchise Agreement regarding rate increases later this year.

The proposed changes would be designed to address current and potential cost increases over the next few years above the original projection. The proposal would be to implement the CPI increase scheduled to take effect in January 2027 in January 2023. This increase would be in addition to the current base increase of 5.6%. The existing Agreement allows for a minimum of 1% and maximum of 4% increase to fees based on the CPI index starting in 2027. This proposed approach would allow four years for Mammoth Disposal to recover current costs and to better meet foreseeable costs in the coming year. The maximum cap continues a conservative approach but allows Mammoth Disposal to recover current costs incurred over time and better addresses the impact of what appears to be at least a shortterm higher inflationary period. The process provides more stability in rates, eliminates the need to conduct annual hearings to consider extraordinary circumstances and caps rate increases. It is anticipated that the rate at the end of 2026 would re-set the ongoing base for the planned CPI based increases.

Mammoth Disposal is preparing detailed financial information for staff to review regarding increased operating costs and projections. Pending that review, a formal proposal and Prop 218 hearing process will be required to adjust the rates and amend the Franchise Agreement. Staff anticipates bringing this item before Council for consideration in the next several months.

Under the Franchise Agreement Mammoth Disposal has the right to request a fee increase (or decrease) to reflect the cost of disposal or processing rates. Any rate increase will need

4 to go through the Prop. 218 hearing process, and assuming there is not a majority protest, a rate increase may then be implemented.

Today, staff is requesting discussion and direction from Council on the process described above for addressing unanticipated operating cost increases to the solid waste and recycling program.

FINANCIAL CONSIDERATIONS:

The proposal includes using a portion of the Franchise Fees collected by the Town ($77,500) and the use of previous fees allocated to the Town from the County Solid Waste Parcel Fee ($50,000) for a total of $127,500. These fees would be refunded back to Mammoth Disposal to cover the increased tipping fees at Benton Crossing Landfill. This is a permitted use of these two funds, which are used to offset costs associated with managing solid waste and recycling disposal, processing and community programs, staff time, use and impact on town infrastructure, provision of other related solid waste and recycling services, and implementation of mandated requirements. The transfer of the funds would be contingent upon the execution by the Town and Mammoth Disposal of an agreement specifying what the funds are to be used for.

OPTIONS ANALYSIS
Option 1: Approve the resolution authorizing the use of Solid Waste Franchise Fees and Parcel Fees to offset increased disposal costs due to higher gate fees at the Benton Crossing Landfill.

Option 1 would provide a direct benefit to residents and businesses in the Town. The process is simpler than the alternative and allows time to address other costs associated with solid waste management.

Option 2: Do not approve the resolution authorizing the use of Solid Waste Franchise Fees and Parcel Fees to offset increased disposal costs due to higher gate fees at the Benton Crossing Landfill
Town Council does not have to approve this expenditure. Alternatively, Mammoth Disposal could absorb the increase in operating costs and/or come forward with a future fee increase proposal to pass these costs on to its customers.

RESOLUTION NO. 22 – ___

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

OF CALIFORNIA, ALLOCATING ONE HUNDRED TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($127,500) TO MAMMOTH DISPOSAL COMPANY TO OFFSET

INCREASED LANDFILL DISPOSAL COSTS AND TO LIMIT THE IMPACT OF SUCH COST

INCREASES ON THE RESIDENTS AND BUSINESSES IN THE TOWN OF MAMMOTH

LAKES FOR THE MANAGEMENT, DISPOSAL, AND PROCESSING OF SOLID WASTE WHEREAS, the Town Council has a franchise agreement (Agreement) with Mammoth Disposal Company to provide solid waste and recycling services within the Town of Mammoth Lakes; and WHEREAS, the Agreement provides the method and means of setting rates and charges for solid waste services including the cost of disposal and processing of solid waste and recycled materials; and WHEREAS, following a public hearing on July 19, 2022 the Mono County Board of Supervisors implemented increased rates for the disposal and processing of solid waste at the Benton Crossing Landfill effective August 1, 2022, including an increase in the tipping fee paid by Mammoth Disposal from $74.00 to $100.00 per ton; and
WHEREAS, the Benton Crossing Landfill is scheduled to close January 1, 2023 and Mammoth Disposal will, prior to the closure, begin operation of a transfer station for the hauling of solid waste to an alternate landfill site; and
WHEREAS, the increased rate for the disposal and processing of solid waste at the Benton Crossing Landfill is estimated to result in a 6.3% rate increase for solid waste customers in the Town of Mammoth Lakes, which would be levied retroactively to August 1, 2022; and WHEREAS, the Town collects a 7% franchise fee as part of the Agreement, which is used to offset the Town’s expenses in the management of the Agreement, assist in the provision of solid waste services benefiting the community, related impacts on Town infrastructure, and compliance with legal mandates for the provision of services; and
WHEREAS, the Town has previously received a share of the solid waste parcel fees levied by Mono County and used for solid waste management services; and
WHEREAS, it is in the interest of public, the Town, and Mammoth Disposal to address increased solid waste disposal and processing costs in a manner that benefits residents and businesses and provides for stability in the setting of solid waste rates and charges; and WHEREAS, the use of solid waste related fees collected by the Town is the most efficient and least impactful means to offset the increase in solid waste disposal and processing costs associated with the use of the Benton Crossing Landfill, and will reduce or delay the onset of increased solid waste rates affecting customers in Mammoth Lakes;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of Mammoth Lakes as follows:

Section 1. The Town Council finds the above recitals to be true.

Section 2. The Town Council authorizes the transfer to Mammoth Disposal Company of funds in the amount of $127,500 to offset costs related to increased tipping fees imposed by Mono County for the

Resolution No. 22-

disposal and processing of solid waste at the Benton Crossing Landfill, contingent upon execution by the Town and Mammoth Disposal Company of an agreement specifying that the funds will be used to offset increased disposal and processing costs and are being provided in lieu of granting Mammoth Disposal Company a temporary rate increase based upon estimated costs between August 1, 2022 and November 30, 2022.

Section 3. The Town Manager is authorized to amend the Fiscal Year 2022-23 budget to include payment to Mammoth Disposal in an amount of $127,500 from franchise fees and solid waste parcel fees.

Section 4. The Town Council finds that the expenditure authorized by this resolution serves a public purpose by providing funding to offset cost increases imposed on Mammoth Disposal Company for the disposal and processing of solid waste, thus avoiding a solid waste rate increase to pass these costs directly on to residents and businesses within the Town of Mammoth Lakes.

APPROVED AND ADOPTED THIS 7th DAY OF SEPTEMBER 2022.
_____________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________
JAMIE GRAY, Town Clerk

1 TOWN COUNCIL STAFF REPORT
Title: Fourth Quarter Fiscal Year 21-22 Budget Review - Amendment Recommendations for FY21-22 and FY22-23 Operating Budgets.

Meeting Date: September 7, 2022
Prepared by: Rob Patterson – Administrative Services / Finance Director RECOMMENDATION:

Staff recommends the Town Council receive the fourth quarter budget review for Fiscal Year 21- 22 and adopt the resolution amending the FY21-22 budget as recommended on Attachments A-D and the FY22-23 budget as recommended in Attachment E.

BACKGROUND:

Proper administration of any fiscal budget requires regular scheduled review of performance. The Town of Mammoth Lakes has committed to providing Town Council with the opportunity to review our financial performance at the close of each quarter. The report reflects the fourth quarter performance and other specific events, which have affected our results. The purpose of this report and related requests are to clean up budget issues for a more seamless operation of the Town.

Review and frequent adjustment are a critical part of any budget that is highly variable and fiscally conservative.

The fiscal year continues to provide strong revenues and limited excess expenses due to record visitation and a relatively light snow year. Staff has realized the increased revenues as they have been realized throughout the year, increasing revenue in both the second and third quarter review.

The fourth quarter continues with strong revenues and the usual refinement of expenditures as the year draws to a close. Staff is making recommendations to realize excess revenue and reduce expenditures in order to allocate these resources to existing projects or one-time expenditures to further investment in the community.

ANALYSIS:

The primary focus of this review is the General Fund, Gas Tax, and Airport Operations. These funds have the broadest group of revenues and expenditures and often have interdependency on the General Fund for operational support.

The primary revenue driver for the General Fund is Transient Occupancy Tax (TOT) and this has been a record-breaking year with continued strong visitation, post COVID-19 pandemic demand, and overall high Average Daily Rate (ADR) from our lodging community. TOT exceeded previous records in 7 of 12 months and for the first time exceeded $4M in a month with December $4,005,956 and January $4,364,765. These records eclipsed the previous record by more than $1.2M. The Town benefited from an early snow season, allowing Mammoth Mountain to open for operations in late October 2021. This early snowfall generated great momentum into the holiday

2 season where the Town experienced a very large snowstorm that further pushed excitement and visitation. Unfortunately, this would be the only major snow event of the season with only few small storms bringing modest increases in our snow for the year. In spite of this challenging snow year, Mammoth Mountain was able to retain much of the early snow through good snow management and preservation to continue operations into June of 2022.

Through June 30, TOT revenue is $26.65M, or $3.76M above the adjusted revenue realized during the third quarter analysis. With only minor adjustments anticipated for the year-end process, staff is recommending the full increase of $3,760,000 to bring the TOT budget to $26,610,000 for the year.

In addition to Transient Occupancy Tax, revenue violations and penalty and interest accounts are far above normal revenue due to the significant enforcement work done during FY21-22. The addition of part time staff to work on the enforcement activity has proven beneficial in identifying new cases and converting those illegal operators to legal. Combined revenue violations, penalties, and interest are $239,900 over budget for the year. Below is a recap of all TOT related accounts:

3 Property Tax
Town Staff relies on information provided by Mono County to determine the property tax estimates used in our budget process. Real Estate transactions within the Town grew at a rapid pace during the pandemic with available units far below the demand, driving up housing prices.

During this time, favorable interest rates contributed to the sales volumes and housing prices.

While the results of this active market are challenging for the local community seeking housing, it produced strong results in property tax revenue. Property tax revenue is one of the key revenue items for the Town, however we receive only a small portion of the overall tax collected, approximately 4% therefore blunting the impact of these larger gains. With the estimates and strong performance, this revenue stream exceeded budget expectations by $190,100 combined in all categories. Some adjustments were made as a coding error led to a recommended increase in EFAF Excess in the third quarter. This error was corrected requiring a reduction of $78,100 in this quarter. The strongest gains came from Documentary Transfer Tax (+$117,600) and Property Tax in-lieu VLF (+$196,100), the latter being a timing difference in payments from Mono County, requiring a portion of the prior year to be received in the FY21-22.

4 Sales Tax
This revenue stream is directly tied to visitation and was impacted during the pandemic. The budget of $2.6M represented a return to near normal pre-pandemic numbers. The strong visitation of FY21-22 coupled with rising prices increased sales tax revenue beyond our conservative expectations. In addition to visitation, the implementation of AB147, collecting payments from online retailers, has boosted our collections. The Town has received the bulk of payments and estimated outstanding payments to determine the total we should receive for the fiscal year. Our projected revenue is $2.9 million, requiring an increase of $315,000 in the fourth quarter.

Business Tax
The revenue stream includes both business and cannabis tax collected along with any application fees, late fees, or collection efforts. During the pandemic, business tax decreased as we experienced a slight decline in number of businesses operating in Town. In general business tax has recovered to pre-pandemic levels. Cannabis tax has continued to grow, and staff has refined our estimates on this relatively new tax. We do remain conservative in our estimates and have realized a small increase in this fiscal year. Cannabis registration is off this year as staff reduced the amount required for renewal in 2022. This is due to the fact that we collect this registration fee in order to cover cost of conducting both financial and compliance audits. In 2021 the Town did not renew the contract with HdL to conduct these audits and is seeking a replacement. The cost increases by HdL were too much in the new proposal. Based on this occurrence, the Town collected fees to cover the audit but did not incur the expense. The reduction for calendar 2022 reflected this fact and therefore the revenue is short of budget. In general, the combined revenue items exceeded budget by $64,300 as illustrated below.

5 Franchise Fee
The Town receives franchise fees for Solid Waste, Electricity, Gas, and Cable. This revenue stream has been difficult to budget in the last few years due to changes in agreements, both rate and allowable items. This revenue is also affected by visitation and was expected to recover from the drop experienced in FY20-21. The new agreement with solid waste has stabilized in the second year of implementation and did not require adjustment in the fourth quarter. However, the volatility of other items like Electricity, Gas, and Cable recovered more fully in FY21-22. In total, franchise fees increased $99,800 combined in these three categories as illustrated below.

Other Revenue
Several individual revenue items required adjustments to clean up the budgets in the fourth quarter.

Building and planning projects in the Town for FY21-22 drove both these revenue streams far in excess of their budgeted expectations. Building permits exceeded the budget by $450,000 and Planning and zoning applications by $290,000. Civil Penalties: Municipal Code also had a strong year as the Revenue Team continued with enforcement activity around TOT and collections, exceeding budget expectations by $138,000. Overall, this other revenue category increased revenue by $1,061,500 with the details in the chart below:

6 The combined increase to General Fund revenue is $5,730,600 for the fourth quarter budget review.

General Fund - Expenditures
The fourth quarter budget review is where fine tuning of the budget occurs. In addition to fine tuning, it is also the quarter most of the normal, non-seasonal adjustments present themselves. An analysis of the general fund expenditures does show trends in cost for the Town and are largely predictable and understandable. The last fiscal year did not have unanticipated impacts that

7 increased the expenditures and for the most part was relatively mundane. In several departments, open staff positions remained unfilled longer than anticipated as we experienced challenges in hiring individuals. While this increased strain on existing employees and delayed some work plans, overall, they presented a reduction in staff cost in several areas. Also, the large amount of capital projects reduced other expenses normally covered by the general fund as staff time was charged to these projects for proper costing. In total the general fund expenditure adjustments resulted in additional cost of $673,000 realized in the fourth quarter. The chart below shows the adjustments by account:

8

9 To recap the fourth quarter General Fund updates, staff is recommending additional revenue of $5,730,600 and expenditure reduction of $673,000 leaving $6,403,600 in available General Fund balance for allocation.

Previous Commitments
The recommended increase to Transient Occupancy Tax revenue will result in additional contributions to reserve accounts for Transit, Housing, and Tourism based on Council direction

10 and political commitments. Based on the fourth quarter recommendation of $3.760M, the following adjustments will be made to reserve accounts.

Staff will provide a full reconciliation of transactions, revenue, and expenditure, along with current commitments during the fund balance discussion in October 2022.

Staff Recommendations
The Parcel phase II
The Parcel phase II includes base contribution from the Town of approximately $5.1M in both property loan (non-cash) and cash assets. The Town has completed property loan details on two parcels for this phase totaling $1,190,000 in value. The remaining $3,842,000 is all cash contribution and the Town has been setting aside funding during the FY21-22 budget review process. In the 2nd quarter, the Town contributed $1.0 million from the General Fund and in the 3rd quarter allocated another $1.2 million from Tourism and Housing Reserves. Staff is recommending another $1,642,000 allocation from General Fund in the 4th quarter to fully fund this base contribution. The chart below illustrates the details of Town contributions.

11 Future Capital – Construction Contingency
Staff is recommending allocation of $1,000,000 to future capital / construction contingency. In the past the Town has used this allocation to set aside funding to undesignated future projects. With the number of existing construction projects and cost of material and labor escalations, staff is recommending this set aside to expand to cover contingency on our existing projects. The initial project estimates on some projects were very preliminary and with recent inflationary pressure, supply chain challenges, and other cost increases, several projects will likely come in over budget.

Engineering staff is working to manage all projects and reduce the possibility of any cost overruns and mitigate usage of funds on current projects. In the event we do not need these funds for current project contingency, they will remain available for projects identified on the 5-year CIP that are not fully funded.

Housing NOW!
One of the Town Council’s Strategic Priorities is to “Expand availability and affordability of Community Housing”. Staff has identified opportunity to invest in both short and long-term strategies to make this priority a reality. The Town has been successful implementing its bridge program under our Housing Now! program to purchase units at market rate and resell them as deed restricted units, at a below market price to residents with income levels up to 120% of area median income. Staff is recommending an additional $800,000 so the Town can continue this program and others as we look to develop partnerships with the private sector to meet housing for our ‘missing middle’ income households.

Reserve Policy – Reserve for Economic Uncertainty (REU) funding In November of 2020 the Town Council updated the reserve policy to establish a baseline funding strategy used as a basis in determining funding requirements. This need came about as the previous policy was tied to General Fund annual revenue. In the height of the pandemic, General Fund revenue declined and based on policy, reduced our required reserves. The new approach is meant to establish a rate near or equal the General Fund revenue for the year but set it as a baseline meaning it will not reduce. Based on the projected revenue of FY22-23 the baseline revenue was updated to $27,500,000. The REU policy limit is set at 20% of the baseline revenue which equates to $5.5M for FY22-23. The current balance in REU is $4.9M requiring an additional $600,000 to bring the Town into compliance with the policy. Staff is recommending the allocation of General Fund revenue to meet this compliance need. The other two components of our reserve policy were either funded during the budget process for FY22-23 or did not require update as they are based on the amount of outstanding debt serviced by General Fund. Below is a recap of the reserve policy components and their balance after allocation of $600,000. The Town will have a total reserve of $8,075,000 and be in full compliance with stated policy.

1. Reserve for Economic Uncertainty - 20% of baseline $27.5M = $5,500,000

2. Operating Reserve (OR) Target - 5% of baseline $27.5M = $1,375,000

3. Debt Reserve (DR) Target - 50% of Annual Debt Payments = $1,100,000

4. Contingency - Annual Budget Allocation $ 100,000

12 Communication System
The Town of Mammoth Lakes is working with its regional partners to upgrade the 30-year-old communications system. Mono County, the Town, and Mammoth Lakes Fire Protection District have hired consultants to evaluate and recommend the most viable alternative. The current analysis supports integration of communication systems with the planned State system. The California Radio Interoperable System (CRIS) Program was established in 2019 as part of a strategic effort to leverage the more advanced radio technology available on the market today and to put a more robust and effective communication tool at the disposal of California’s first responder community.

The key features of the CRIS will be a Project 25 compliant trunked radio system which interfaces to similar local systems throughout the state of California. When fully developed the CRIS will provide radio coverage to over 90% of the State’s population and over 60% of the State’s geographic footprint. The Town has set aside $1,375,000 funding to support the implementation of the preferred alternative. Staff is recommending an additional $150,000 be set aside to bring the total to $1,525,000 which is expected to fully fund the project. The next steps in the process will be to select new radio types (vendor) and to work with the State to order the equipment for new/current upgrades to be part of the CRIS system. The Town continues to work with Mono County, Mammoth Fire, and other districts on this project.

Capital Project - Park at the Parcel
Staff is recommending $400,000 from the 4th quarter to fully fund and construct the new Park at The Parcel as part of the overall buildout of the 25-acre affordable workforce housing site. The first 80 units will be available for renters in Fall 2023. The Town is planning to build a park and playground for families and residents living at The Parcel and neighboring communities. The Park at the Parcel was designed to meet two unmet community needs. The first was to build a playground area for 2–5-year-olds to allow our partner, Mono County Office of Education (MCOE), to provide childcare for the many working families who will reside in the affordable housing project. The second need was to build a family park in the center of Town accessible to not only residents living in the Parcel, but the many neighborhoods that surround the park.

The 0.8-acre Park at the Parcel is planned to include not only the playground for childcare but also a Play On!® playground for 5–12-year-olds, a domed climbing net and group spinners, and an arch swing. The surfacing will be GT-Impax - interlocking tiles for ADA accessibility, complimented by engineered wood fiber, with complementary precast concrete picnic tables, multiple bike racks, a drinking fountain for water bottles and pet fountain, and a large custom 20'x20' steel square shelter.

Staff are working with Community and Economic Development staff on a potential CDBG grant for the park. If available, the Town plans to utilize the federal grant funds to purchase the playground structures, interlocking tile surfacing, and other project related items using a bid procurement process that satisfies the grant requirements. Additional funding of $400,000 is needed to install the equipment, pathways, amenities, and fencing for completion in 2023.

The Town has been working with a vendor on a conceptual site plan for the Park at the Parcel that has been presented to the Parks and Recreation Commission and Mono County Office of Education. Site plans for the park facilities will be finalized this fall.

13 Capital Project – Canyon Blvd / Village Mobility Improvements The Town has an identified project to provide for a pedestrian bridge from Limelight / Westin hotel to the Village via the Gondola building. This project will also include improvements to Canyon Blvd transit facilities. The project is designed to enhance pedestrian safety, improve transit flow including adding a bus shelter, and to reduce conflicts between all modes of transportation.

The bridge concept will also connect to the existing Town parking lot adjacent to the Westin. Staff is recommending $200,000 allocated to preliminary design and cost estimate for the project.

Capital Project - Tennis Court Rehabilitation for Courts 5/6 – Community Center Park Staff have been evaluating various treatment and surface options to repair and reopen courts 5/6 that are both financially feasible and appropriate for our unique environmental conditions.

Ongoing maintenance repairs will be made on the other 4 courts. Factors for consideration include material and construction warranties, longevity (minimizes or eliminates effects of future cracking/heaving), shock absorption (injury prevention), playability (bounce/grip/wear), longterm maintenance, and a relatively short timeframe for completion. Pending funding, work will be scheduled on courts 5/6 in the Spring/Summer of 2023.

The preferred option being recommended is a modular tile overlay system placed over the existing but repaired asphalt surface. The new generation of outdoor, modular surfaces can transform deteriorated and unplayable tennis courts into a USTA sanctioned playing surface. These surfaces allow everyone to spend more time playing on the surface with less chance of injury. Modular playing surfaces are also engineered for quick water drainage and almost zero maintenance to maximize court usage. They offer superior shock-absorption for running and jumping as well as a true and consistent ball bounce (ITF Rated Category 5). In addition, for special events, promotions, and summer camps, temporary lines can be taped on a modular court surface to accommodate a variety of activities. This modular surface is similar to the surface proposed for installation at the new Community Recreation Center (CRC) for summer operations that will provide for a multitude of court sports for all ages and abilities.

To meet the growing trend and demand for multi-use facilities that allow for a wider variety of activities in one place and on one surface – particularly in the Village area, staff is recommending that courts 5/6 be multi-use courts (tennis, pickleball, and basketball). Community members will have fun playing tennis, but the multi-use court area will also make it possible for other recreation users to enjoy sports such as pickleball and basketball on the same surface. The courts are currently marked up or taped for pickleball. In addition, the proposed multi-use court concept meets the mission of the Parks and Recreation Department to provide complementary multi-purpose, yearround, indoor, and outdoor recreation opportunities accessible to all residents and visitors. Staff is recommending $175,000 from the 4th quarter to repair and reopen courts 5/6 that are currently closed for play.

Whitmore Recreation Area Deferred Maintenance Project.

Staff is recommending $75,000 from the 4th quarter to complete the Whitmore Recreation Area Ball Field Rehabilitation Project. This is a Deferred Maintenance Project recommended by the Parks and Recreation Commission in 2021. Additional funds would complete the perimeter fencing for the re-sized and designated Mono County Little League/High School Women’s

14 Softball field. The additional fencing would also secure the outer field area for a multitude of recreation uses such as soccer, dog agility, fielding/hitting practice, etc.

On April 20, 2022, Town Council awarded the Ballfield Rehabilitation Project contract (base bid) to Walker Industries, Inc. in the amount of $354,452. The project includes extensive rehabilitation of softball field No. 2 (lower field), with minor work on the High School Baseball field (upper field). Work is scheduled to be completed this fall. The additional fencing will be added to this work.

Airport Operations Support
The Airport had a number of updates during last fiscal year that were not anticipated in the budget.

The main element was placement of Deputy Airport Manager in the position full time. In prior years, the supervisory staff of the Airport was split between Airport and Capital projects. This unbudgeted change caused a budget short of approximately $51,000 for FY21-22. Airport staff is working to get the Terminal open and operational for winter charter service. Staff recommended set aside of $24,000 to support maintenance and updates to Terminal and general facilities. The Airport Operations section of this staff report will provide additional information on the operations for the year. The recommendation is listed here as it will require a General Fund contribution to cover the shortfall.

Upgrade – Automated External Defibrillator (AED) within Town Facilities Several years ago, the Town installed AED units at all facilities to ensure we have quick access to these units for both employees and any person visiting or using Town facilities. These devices require regular maintenance and items like batteries and pads have a specific lifecycle requiring replacement. The Town has several units that are out of commission due to availability of these replacement parts. The availability of parts is scarce as the age of units means that all deployed units are requiring update at a similar time. Recent supply chain issues have increased this problem as we have ordered parts, but they do not ship or ever come off backorder. Staff is recommending a set aside of $60,000 to upgrade the existing units and contract with a program of regular maintenance or replacement as identified.

Addition to the Fleet - Parks and Recreation AWD Vehicle Staff is recommending $50,000 from the 4th quarter to purchase an AWD Ford Expedition Max to meet the growing demand for recreation services. The AWD Expedition Max allows for 7 passengers and one Class C licensed driver that can safely transport participants year-round - particularly during winter periods. Combined with the previously purchased AWD Expedition EL several years ago, the two vehicles meet the need of one full camp (12 participants/2 counselors) that adds significant capacity and flexibility for the department to provide expanded camp and after school programs for the community.

Total Staff recommendations is $5,227,000 leaving an undesignated fund balance of $5,215 summarized below:

15 Gas Tax Fund 210
Gas Tax is one of the larger funds that supports road maintenance & rehabilitation and snow removal. Aside from the major storms of late December, the snow season was not significant for FY21-22. The impacts of a light winter are felt not only in labor but other contractual services or maintenance related services. The exception of this is the snow storage fees which are inflated due to the contract requirements with the Forest Service. With the limited storms, the Town incurred operational costs for snow storage of $832,000 for FY21-22. If the Town experienced a larger winter, these fees could have easily exceeded $2M, posing a completely unsustainable solution for snow storage. Staff is working on an interim solution that will minimize the expense in the near future but is not a long-term solution. In the meantime, we will extend the agreement for another year with the Forest Service and continue to seek modification of our existing agreements to better meet the needs of the community. Revenue for this fund is comprised of reimbursements from State Gas Tax allocation, based on prior year expenses, snow removal load charges, and the General Fund. Revenue exceeded budgeted expectations by $171,600 for the year. Below is a recap if detail of revenue and expense adjustments, resulting in change in available fund balance of $151,500. These funds will remain in the balance and available for allocation to future road projects.

16

17

18 Airport Operations Fund 220
The Airport continues to work on expansion of charter service and other expansion opportunities after the commercial service was moved to Bishop in December of 2021. Advanced Air had a successful initial season of scheduled charter flights, and the Town looks to expand on these services through strategic planning on routes and coverage. The charter service does not provide as much revenue opportunities for the Airport and the core Airport leadership team is working with consultants on expanded revenue opportunities for the Airport. The current fiscal year did have some incremental revenue with Car Rental Fees, Aviation Fuel, and Hanger ground lease updates. Total revenue exceeded budget by $115,900.

19 The operational expense of the Airport had a number of unbudgeted impacts for the fiscal year.

The previous staff charges for leadership were split between both Airport operations and Capital projects. In November of 2021, Sierra Shultz was named Deputy Airport Manager with 100% of her cost allocated to the Airport. This change did provide incremental labor costs in a few expense categories. The Airport also realized additional expenses in public utilities and incremental facility lease. The mild winter also provided benefit to Airport expenses and reduced vehicle maintenance and operational costs along with reduced contractual services. In total the Airport had additional expenses of $167,000 for the fiscal year.

The combined additional revenue and expense produced an operational shortfall of $51,100 for the year. In addition to this shortfall, staff has requested additional funds for facility maintenance.

We want to use the existing terminal for charter service operations starting this winter (22-23 season). In order to complete minor maintenance and updates to the terminal, staff is requesting $23,900, bringing the total funding request to $75,000 from the General Fund. This request was included in the General Fund section of this report under staff recommendations.

20 This concludes all recommended budget adjustments for FY21-22 during 4th quarter budget review. Town Council will have an opportunity to review the complete budget outcome of FY21- 22 during budget fund balance

21 OPTIONS ANALYSIS:

Option 1: Staff recommends the Town Council receive the fourth quarter budget review for Fiscal Year 21-22 and adopt the resolution amending the FY21-22 budget as recommended on Attachments A-D and the FY22-23 budget as recommended in Attachment E.

Option 2: Provide staff with alternate direction.

FINANCIAL CONSIDERATIONS:

The requested funds do not exceed additional realized revenue. The overall result of these actions will provide funding for critical needs and leave additional fund balance for future consideration.

FY20-21 Budget Presentation
Fourth Quarter Update
Rob Patterson
Administrative Services / Finance Director
August 18, 2021

Transient Occupancy Tax

General Fund Revenue

General Fund – Expenditure Details

General Fund – Expenditure Details

General Fund – Summary

General Fund – Commitments / Recommendations

Gas Tax – Fund 210

Airport Operations – Fund 220

Attachment A ‐ General Fund Revenue
FY 21/22 - 4th QTR BUDGET AMENDMENT
Date of Request: September 7, 2022 Requested By: Rob Patterson Department: Finance

CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund Dept. Account Object Increase Decrease Increase Decrease 1 Property Tax Unsecured 100 - 000 ‐ 30204            33,300 2 Prior Secured & Escapes 100 - 000 ‐ 30210              6,000 4 Documentary Transfer Tax 100 - 000 ‐ 30230          117,600 5 Current Supplemental Tax 100 - 000 ‐ 30234              4,200 6 Homeowners Exemption 100 - 000 ‐ 30250              2,000 7 Property Tax‐In Lieu VLF 100 - 000 ‐ 30260          196,100 8 ERAF Excess 100 - 000 ‐ 30270            78,100
9 Sales Tax 100 - 000 ‐ 30402          315,000
10 TOT: Current Year 100 - 000 ‐ 30604      3,760,000
11 TOT: Certificates 100 - 000 ‐ 30640              4,500 12 TOT: Penalties & Interest 100 - 000 ‐ 30644            50,200 13 TOT: Revenue Violations 100 - 000 ‐ 30660          141,200 14 TOT: Revenue Violations Penalty & Interest 100 - 000 ‐ 30661 -            60,000 15 TOT: Zoning Violations 100 - 000 ‐ 30670 -            12,700 16 TOT: Zoning Violations Penalty & Interest 100 - 000 ‐ 30661 -              3,300 17 Business Tax 100 - 000 ‐ 30802 -            16,000
18 Cannabis Tax 100 - 000 ‐ 30803 -            16,200
19 Bus Tax Penalties & Interest 100 - 000 ‐ 30810 -            31,400 20 Business Lic Application Fee 100 - 000 ‐ 30830 -              8,500 21 Cannabis Business Registration 100 - 000 ‐ 30835 -            12,000 22 Business Lic Renewal Fee 100 - 000 ‐ 30840 -              4,200 23 Franchise Fee: Electricity 100 - 000 ‐ 31206 -            52,300 24 Franchise Fee: Gas 100 - 000 ‐ 31208 -            32,500 25 Franchise Fee: Cable 100 - 000 ‐ 31210            15,000 26 Building Permits 100 - 000 ‐ 31420          450,000
27 Planning & Zoning Applications 100 - 000 ‐ 31624          290,000 28 Engineering Fees 100 - 000 ‐ 31630            24,000 29 Credit Card Service Fee 100 - 000 ‐ 31606              9,200 30 Facility Rental 100 - 000 ‐ 31610            27,600
31 P&R Facility Rental 100 - 000 ‐ 31615            11,000 32 Recreation Contract Fee 100 - 000 ‐ 31674              8,000 33 Special Events Charges 100 - 000 ‐ 31680                 300 34 Archival Storage Fee 100 - 000 ‐ 31690              8,700 35 Fingerprint Service 100 - 000 ‐ 31692            11,200 36 Civil Penalties:Municipal Code 100 - 000 ‐ 32860          138,400 37 Municipal Court Fines 100 - 000 ‐ 32810              6,400 38 State Grants: Misc 100 - 000 ‐ 35210              8,800 39 COPS‐OPTION Public Safety 100 - 000 ‐ 35220            45,300 40 Officer Training Reimb 100 - 000 ‐ 35221              7,400 41 Vehicle License Fee in Excess 100 - 000 ‐ 35403              3,500 42 Interest on Investments 100 - 000 ‐ 37002              5,200 43 Interest from County 100 - 000 ‐ 37004              6,500 44 Tourism Reserve ‐ 2.35 Points or 18.0769% of TOT 100 - 000 ‐ 29131          679,692 45 Transit Reserve ‐ .85 Points or 6.5385% of TOT 100 - 000 ‐ 29132          245,846 46 Housing Reserve ‐ .85 Points or 6.5385% of TOT 100 - 000 ‐ 29130          245,846 Totals $   7,053,584 $        ‐ 151,600 $                ‐ $ Net Change $                               ‐ 6,901,984

Attachment B ‐ General Fund Expenditures
FY 21/22 - 4th QTR BUDGET AMENDMENT
Date of Request: September 7, 2022 Requested By: Rob Patterson Department: Finance

CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund Dept. Account Object Increase Decrease Increase Decrease 1 Town Council ‐ Temporary Wages 100 - 410 ‐ 40111 -              3,700 2 Town Council ‐ Training, Ed, Conf & Mtgs 100 - 410 ‐ 43150 -            20,000 4 Legal Services ‐ Contractual Services 100 - 412 ‐ 43031 -            75,000 5 Town Manager ‐ Special Operational 100 - 413 ‐ 42030 -              6,600 6 Town Manager ‐ Contractual Services 100 - 413 ‐ 43031 -            10,700 7 Town Manager ‐ Advertising & Legal Notices 100 - 413 ‐ 43130 -              8,500 8 Town Manager ‐ Training, Ed, Conf & Mtgs 100 - 413 ‐ 43150 -              6,100 9 Town Manager ‐ Emergency Preparedness 100 - 413 ‐ 44520              5,000 10 Finance ‐ Contractual Services 100 - 415 ‐ 43031            13,000 11 General Services ‐ Contingency 100 - 416 ‐ 43180          100,000 12 General Services ‐ Equipment Lease 100 - 416 ‐ 46010            26,000 13 Human Resources ‐ Regular Salaries 100 - 417 ‐ 40000            53,000 14 Human Resources ‐ Health Ins. Premiums 100 - 417 ‐ 41002 -            23,000 15 Information Services ‐ Computer Software ‐ Capital 100 - 418 ‐ 48900 -            53,300 16 Police Services ‐Regular Salaries 100 - 420 ‐ 40000 -            30,000 17 Police Services ‐Temporary Wages 100 - 420 ‐ 40111 -            29,000 18 Police Services ‐Overtime Wages 100 - 420 ‐ 40113 -            60,000 19 Police Services ‐Police Holiday Pay 100 - 420 ‐ 40115 -              5,400 20 Police Services ‐Comprehensive Leave 100 - 420 ‐ 40130 -            75,600 21 Police Services ‐Health Ins Premiums 100 - 420 ‐ 41002 -            30,000 22 Police Services ‐Workers Comp Insurance 100 - 420 ‐ 41012 -            40,000 23 Police Services ‐Unemployment Assessment 100 - 420 ‐ 41016 -              4,600 24 Police Services ‐ICMA VantageCare 100 - 420 ‐ 41018 -              3,800 25 Police Services ‐PERS (Retirement) 100 - 420 ‐ 41020          113,000 26 Police Services ‐Contractual Services 100 - 420 ‐ 43031            14,000 27 Police Services ‐Printing & Reproduction 100 - 420 ‐ 43120              4,900 28 Recreation Programs‐Regular Salaries 100 - 432 ‐ 40000            20,500 29 Recreation Programs‐Temporary Wages 100 - 432 ‐ 40111            39,000 30 Recreation Programs‐Overtime Wages 100 - 432 ‐ 40113              4,500 31 Recreation Programs‐Comprehensive Leave 100 - 432 ‐ 40130            25,200 32 Recreation Programs‐Health Ins Premiums 100 - 432 ‐ 41002              5,500 33 Whitmore‐Regular Salaries 100 - 434 ‐ 40000            10,200 34 Whitmore‐Temporary Wages 100 - 434 ‐ 40111            29,800 35 Whitmore‐Health Ins Premiums 100 - 434 ‐ 41002            31,000 36 Whitmore‐Pool Supplies 100 - 434 ‐ 42009              2,800 37 Planning‐Regular Salaries 100 - 440 ‐ 40000            35,800 38 Planning‐Temporary Wages 100 - 440 ‐ 40111            11,600 39 Building‐Regular Salaries 100 - 442 ‐ 40000            80,000 40 Building‐Health Ins Premiums 100 - 442 ‐ 41002            30,200 41 Building‐Workers Comp Insurance 100 - 442 ‐ 41012              6,900 42 Building‐PERS (Retirement) 100 - 442 ‐ 41020              4,500 43 Building‐Comprehensive Leave 100 - 442 ‐ 40130              9,100 44 Building‐Contractual Services 100 - 442 ‐ 43031            16,800 45 Code Compliance‐Workers Comp Insurance 100 - 444 ‐ 41012              1,200 46 Code Compliance‐Advertising & Legal Notices 100 - 444 ‐ 43130              1,200 47 Code Compliance‐Training, Ed, Conf & Mtgs 100 - 444 ‐ 43150              3,100 48 Engineering/Public Works‐Regular Salaries 100 - 444 ‐ 40000            96,600 49 Engineering/Public Works‐Health Ins Premiums 100 - 444 ‐ 41002              4,200 50 Office of Outdoor Recreation‐Regular Salaries 100 - 467 ‐ 40000            94,500 51 Office of Outdoor Recreation‐Temporary Wages 100 - 467 ‐ 40111              3,100 52 Office of Outdoor Recreation‐Comprehensive Leave 100 - 467 ‐ 40130            13,400 53 Office of Outdoor Recreation‐Health Ins Premiums 100 - 467 ‐ 41002            31,500 54 Office of Outdoor Recreation‐Workers Comp Insurance 100 - 467 ‐ 41012              4,700 55 Office of Outdoor Recreation‐PERS (Retirement) 100 - 467 ‐ 41020              3,700 56 Office of Outdoor Recreation‐Maintenance Supplies 100 - 467 ‐ 42007              5,000 57 Office of Outdoor Recreation‐Contractual Services 100 - 467 ‐ 43031              5,000 58 Office of Outdoor Recreation‐Mem'ships, Dues, Subscr, Publi 100 - 467 ‐ 43110              1,500 59 Office of Outdoor Recreation‐Training, Ed, Conf & Mtgs 100 - 467 ‐ 43150              5,000 60 Office of Outdoor Recreation‐Public Utilities 100 - 467 ‐ 43404              1,700 61 Office of Outdoor Recreation‐Taxes & Fees 100 - 467 ‐ 43420 Totals $                ‐ ‐ $                $       390,000 $   1,063,000 Net Change $                                          ‐                                    (673,000)

Attachment C ‐ Gas Tax
FY 21/22 - 4th QTR BUDGET AMENDMENT
Date of Request: September 7, 2022 Requested By: Rob Patterson Department: Finance

CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund Dept. Account Object Increase Decrease Increase Decrease 1 Charges for Services 210 000 ‐ 31602            10,000 2 Snow Removal Load Charge 210 000 31651          148,900 4 State Gas Tax 2103 210 000 35404            12,000
5 State Gas Tax 2105 210 000 35406              5,400
6 State Gas Tax 2106 210 000 35408              4,700
7 State Gas Tax 2107 Snow 210 000 35412            32,000 8 State Gas Tax RMRA (SB‐1) 210 000 35416              7,000 9 Interest on Investments 210 000 37002              3,800 10 Refunds and  Rebates 210 000 37100            26,000 11 Regular Salaries 210 450 40000            89,000
12 Overtime Wages 210 450 40113            16,100
13 Comprehensive Leave 210 450 40130              7,500 14 Health Ins Premiums 210 450 41002 -            41,100 15 Workers Comp Insurance 210 450 41012 -              5,100 16 Uniforms & Personal Equip 210 450 42006 -              1,800 17 Traffic Safety Supplies 210 450 42025 -              5,000 18 Contractual Services ‐ Operational Cost for Snow Pit 210 450 43031 -          382,000 19 Public Utilities 210 450 43404 -              8,500
20 Taxes & Fees 210 450 43420 -              9,000
21 Street Lights 210 450 45220 -              2,000
22 Street Sign Replacement 210 450 45224 -              4,000 23 Machinery & Equip ‐ Non Cap 210 450 46200 -              2,200 24 Regular Salaries 210 452 40000 -            21,000
25 Temporary Wages 210 452 40111            54,200
26 Overtime Wages 210 452 40133            38,300
27 Comprehensive Leave 210 452 40130            11,300
28 Health Ins Premiums 210 452 41002            34,200
29 Workers Comp Insurance 210 452 41012              2,000 30 PERS (Retirement) 210 452 41020            10,600
31 Uniforms & Personal Equip 210 452 42006              3,800 32 Street Maintenance Supplies 210 452 42022              3,200 33 Traffic Safety Supplies 210 452 42025            83,600 34 Special Operational 210 452 42030              6,100 35 Contractual Services 210 452 43031            83,600 36 Training, Ed, Conf & Mtgs 210 452 43150              2,000 37 Public Utilities 210 452 43404            15,000
38 Traffic Signal Maintenance 210 452 45200              5,000 39 Gasoline & Diesel 210 454 42016            23,300
40 Vehicle Maintenance Parts 210 454 42017              6,500 41 Garage Vehicle Service 210 454 43060              4,000 42 Vehicle & Equip Replacement 210 454 43066            10,700 43 Mem'ships, Dues, Subscr, Publi 210 454 43110              3,600 44 Machinery & Equip ‐ Non Cap 210 454 46200              2,300 45 Gasoline & Diesel 210 455 42016            36,000
46 Vehicle Maintenance Parts 210 455 42017            54,000 47 Garage Vehicle Service 210 455 43060            43,000 48 Mem'ships, Dues, Subscr, Publi 210 455 43110              1,600 49 Training, Ed, Conf & Mtgs 210 455 43150              1,000 50 Regular Salaries 210 456 40000            11,400
51 Temporary Wages 210 456 40111              2,600
52 Health Ins Premiums 210 456 41002              3,300 53 Workers Comp Insurance 210 456 41012              2,200 54 Contractual Services 210 456 43031              2,700 55 Public Utilities 210 456 43404            34,800
56 Gen'l Facilities Maint 210 456 45060              1,000 57 Public Utilities 210 457 43404              2,000
58 Transfers Out 210 599 49999            70,500
59 60
61 Totals $       210,700 $         39,100 $       641,900 $       621,800 Net Change $                                  171,600                                       20,100

Attachment D ‐ Airport
FY 21/22 - 4th QTR BUDGET AMENDMENT
Date of Request: September 7, 2022 Requested By: Rob Patterson Department: Finance

CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund Dept. Account Object Increase Decrease Increase Decrease 1 Car Rental Fee 220 - 000 ‐ 31806            43,500
2 Vehicle Parking: Overnight 220 - 000 ‐ 31830                 600 4 Aviation Fuel 220 - 000 ‐ 31840            11,300
5 Non‐Aviation Fuel 220 - 000 ‐ 31842              2,400 6 Commercial Terminal Rent 220 - 000 ‐ 31850              1,700 7 Hanger Ground Lease 220 - 000 ‐ 31862            32,300 8 AIP‐45 ACRGP 220 - 000 ‐ 34406            24,100
9 Operational‐Regular Salaries 220 - 471 ‐ 40000          114,300 10 Operational‐Temporary Wages 220 - 471 ‐ 40111              7,300 11 Operational‐Overtime Wages 220 - 471 ‐ 40113              7,400 12 Operational‐Comprehensive Leave 220 - 471 ‐ 40130            10,800 13 Operational‐Health Ins Premiums 220 - 471 ‐ 41002            19,600 14 Operational‐Workers Comp Insurance 220 - 471 ‐ 41012              2,000 15 Operational‐PERS (Retirement) 220 - 471 ‐ 41020            21,000 16 Operational‐Uniforms & Personal Equip 220 - 471 ‐ 42006              5,100 17 Operational‐Maintenance Supplies 220 - 471 ‐ 42007              4,500 18 Operational‐Gasoline & Diesel 220 - 471 ‐ 42016            10,900 19 Operational‐Vehicle Maintenance Parts 220 - 471 ‐ 42017              8,500 20 Operational‐Contractual Services 220 - 471 ‐ 43031            25,000 21 Operational‐Garage Vehicle Service 220 - 471 ‐ 43060            21,000 22 Operational‐Insurance Premiums 220 - 471 ‐ 43106              1,400 23 Operational‐Training, Ed, Conf & Mtgs 220 - 471 ‐ 43150              2,700 24 Operational‐Public Utilities 220 - 471 ‐ 43404            13,900 25 Operational‐Taxes & Fees 220 - 471 ‐ 43420              2,600 26 Operational‐Facility Lease 220 - 471 ‐ 45010            28,000 27 Operational‐Equipment Lease 220 - 471 ‐ 46010              3,000 28 Terminal and Airport Improvements 220 - 471 ‐ 43031            23,900 29 30
Totals $        ‐ 115,900 $                $       261,900 $         71,000 Net Change $                                  115,900                                     190,900

RESOLUTION NO. 22-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
ACCEPTING THE MID-YEAR UPDATE AND AMENDING THE FY2021-22 BUDGET WHEREAS, the Town Council has adopted a Fiscal Year 2021-22 Budget; and WHEREAS, the Town Council wishes to make modifications to that Budget as necessary to the efficient administration of the Town; and WHEREAS, the Town Council received an update from the Administrative Services/Finance Director at the September 7th Town Council meeting regarding the current year financial results through the 4th quarter ending June 2022; and WHEREAS, the Town Council provided direction to modify revenues and expenses in various funds and departments; and
NOW, THEREFORE, BE IT RESOLVED that the Administrative Services/Finance Director is hereby directed to make the following modifications to the FY2021-22 budget, as provided for in Attachments A-D
APPROVED AND ADOPTED THIS 7th day of September 2022

___________________________
Lynda Salcido, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Attachment E ‐ Staff Recommendations
FY 21/22 - 4th QTR BUDGET AMENDMENT
: September 7, 2022 Requested By: Rob Patterson
Department: Finance

CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund Dept. Account Activity Increase Decrease Increase Decrease 1 Upgrade ‐ Automated External Defibrillator (AED) 100 417 42030            60,000 2 Parcel Phase II 100 - 599 ‐ 49999 45005      1,642,000 4 Capital Project ‐ Complete Park at the Parcel 100 - 599 ‐ 49999 45005          400,000 5 Canyon Blvd / Village Mobility Improvements 100 - 599 ‐ 49999 43629          200,000 6 Tennis Court Maintenance 100 - 599 ‐ 49999          175,000 7 Communication System Updates 100 - 599 ‐ 49999 46426          150,000 8 Whitmore Park ‐ Fencing 100 - 599 ‐ 49999            75,000 9 Transfer to Capital Projects Fund 300 - 000 ‐ 39999      2,642,000 10 Airport Operations Support 220 - 000 ‐ 39999            75,000 11 Transfer to Airport 100 - 599 ‐ 49999            75,000 12 Addition to the Fleet ‐ Expedition for Camps 915 - 000 ‐ 39999            50,000 13 Transfer to Vehicle Replacement Fund 100 - 599 ‐ 49999            50,000 14 Future Capital ‐ Construction Contingency 990 - 000 ‐ 39999      1,000,000 15 Transfer to Future Capital 100 - 599 ‐ 49999      1,000,000 16 Housing NOW! Initiatives 245 - 000 ‐ 39999          800,000 17 Transfer to Housing 100 - 599 ‐ 49999          800,000 18 19
20 REU ‐ Reserve to Policy 100 - 000 ‐ 29140          600,000 Funding REU 100 - 000 ‐ 29170          600,000
Totals $   5,167,000 $       600,000 $    ‐ 4,627,000 $ Net Change $                              4,567,000                                  4,627,000

RESOLUTION NO. 22-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
ACCEPTING THE MID-YEAR UPDATE AND AMENDING THE FY2022-23 BUDGET WHEREAS, the Town Council has adopted a Fiscal Year 2022-23 Budget; and WHEREAS, the Town Council wishes to make modifications to that Budget as necessary to the efficient administration of the Town; and WHEREAS, the Town Council received an update from the Administrative Services/Finance Director at the September 7th Town Council meeting regarding the current year financial results through the 4th quarter ending June 2022; and WHEREAS, the Town Council provided direction to modify revenues and expenses in various funds and departments; and
NOW, THEREFORE, BE IT RESOLVED that the Administrative Services/Finance Director is hereby directed to make the following modifications to the FY2022-23 budget, as provided in Attachment E
APPROVED AND ADOPTED THIS 7th day of September 2022

___________________________
Lynda Salcido, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Agenda Item ________
File No. ____________

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

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

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

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

ANALYSIS/DISCUSSION:

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

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

Land Use:

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

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

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

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

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

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

RECOMMENDATION(S):

This agenda bill is submitted for information only.