Mammoth Lakes City Council
November 2, 2022

Town Council Agenda

Wednesday, November 2, 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? Transit.

6. CONSENT AGENDA

6.1. Approve the minutes of the regular meeting of October 19, 2022.

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

6.3. Approve the Amendment to Emergency Operations Center (EOC) Cost Share Agreement Term.

6.4. Adopt the resolution declaring the Council’s intention to annex territories into the Community Facilities District No. 2013-3 (Transit CFD), levying a special tax in connection therewith, and setting the time and place for the public hearing on December 7, 2022.

6.5. Approve the Town Office Lease Agreement - Third Amendment to Lease agreement between Town of Mammoth Lakes and Minaret Village Shopping Center LLC.

6.6. Authorize the Town Manager to sign professional services agreement with Cardno for archeological services in an amount not to exceed $117,143.50 and approve the appropriation of $120,000 from Fund 215 to include cost for administration and contingency.

6.7. Accept Check Register 10/06/2022 in the amount of $740,353.99. Accept Check Register 10/13/2022 in the amount of $1,117,976.53. Accept Check Register 10/19/2022 in the amount of $1,509,416.89.

7. POLICY MATTERS

7.1. Consider the ordinance amending Chapters 3.12 (Transient Occupancy Tax) and

5.40 (Transient Rentals of Residential Units) updating Citation Limits for Health and Safety Violations.

7.2. Approve eight-month Lease Extension with Mammoth Unified School District and Mono County Office of Education and lease payments of $33,600 for the Mammoth Ice Rink Site.

7.3. Amendment to Lease Agreement between the Town and the Mammoth Lakes Foundation related to property uses located at 100 College Parkway, Mammoth Lakes, CA 93546.

7.4. Accept the California Public Utilities Commission (CPUC) Local Agency Technical Assistance $500,000 Grant Award and Authorize the Town Manager to complete all required documents and agreements for the CPUC and Golden State Connect Authority (GSCA)
to proceed with the grant.

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

9. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, November 16, 2022 at 4:00 p.m.

Mayor Salcido, and Councilmembers: 26 October, 2022
I am writing this as a follow-up to your excellent discussion on Item #10.2 -Transit, 5 October, 2022. As the former chair of the Mobility Commission, current vice-chair of the YARTS Advisory Committee, and former Town appointee to the Local Transportation Commission, I remain vitally interested in our public transit system. During the public comment period, I was on hold to make my comments, but unfortunately not connected. I am a bit late in submitting my comments but feel that they are still relevant, as this is an ongoing search to improve our service to the public.  YARTS and other long-distance services: I agree that the stops for these services should be reevaluated. However, rather than make the decision to do so without further coordination with YARTS, as the Vice Chair of the YARTS Advisory Committee I would advise doing so after the AAC conducts a review of its stops in the town and makes its recommendations to the Joint Powers Authority (JPA) Board. We have done so in past years, and thereby improved service to our traveling visitors and locals. This valuable service provides our national and international visitors a chance for a day-long visit to Yosemite Valley while returning to Mammoth, and is undergoing service cuts due to budgetary constraints. Recognizing YARTS’ importance to our community and the Eastern Sierra is very important.
 Old Mammoth service: unfortunately, the majority of Old Mammoth is vastly unserved. We have many full-time residents who live in this section of town, and the old Grey Line with a cutaway bus served more of that area many years ago than it now does, when the turnaround was at the bottom of Red Fir. The Mobility Commission investigated and addressed safety concerns at that turnaround, which also satisfied Red Fir neighbors who originally were fearful of a scheduled bus route on their street. Unfortunately, it was dropped after only a few years, not allowing ample time for ridership to improve; budget concerns may also have been an issue.

The later proposed turnaround on Woodmen was controversial and would have served less of the population than the earlier route, both of which were noted by the public (Zoom) commenter. Now, with a newly relocated end of route bus stop, we serve even fewer residents, and even the mobile home park residents must walk more than a quarter mile. It appears that the proposal to split the Grey and Purple Lines may offer a chance to reinstitute that service, at least up to the lower Red Fir turnaround. Perhaps a consideration might be the Valentine Reserve driveway turnaround, if they haven’t been approached. As Councilmember Wentworth noted, the summer recreation service to Mill City is probably many years in the future.  Micro-transit: for those unfamiliar with this type of service, it involves using smaller, van-like vehicles like Uber or Lyft. It has proved very successful in the No. Lake Tahoe region, and most recently So. Lake Tahoe launched “Lake-Link”. It is a free on-demand service, with drivers receiving tips to increase their stipend, and ESTA’s advantage is that drivers have the same license as you and I, and therefore can be hired within the community at less cost to ESTA.

They do not have a fixed route, and thus would be able to serve the large, unserved area comprising Old Mammoth, which stretches far back on both sides of Old Mammoth Road. It could also be a practical solution to our large condo complexes, resulting in a “park once” solution, taking many vehicles off the road. As the CRC comes into use, this “mini-mobility hub” might be a good connecting area for the Old Mammoth micro-transit vehicles, requiring fewer vehicles and drivers. Supervisor Corliss, Mayor Salcido, Councilmember Wentworth, and the

Zoom commenter also spoke favorably about micro-transit. Kudos to ESTA Executive Director Moores for testing this concept as a pilot program in Bishop.

As Stacy Corliss, Mono County Supervisor for Old Mammoth noted, we have been hearing about instituting an Old Mammoth route for more than 6 years; I believe it is time to involve the residents in the solution, not just present them with what the Town thinks best. The Mobility Commission was instrumental in listening to the public with highly publicized transit conversations twice a year as we fine-tuned our transit routes. I believe that the Planning Commission adopted semi-annual transit items as one of its charges, but I haven’t seen anything about those sessions in the “Community Updates” or other notices. I suggest that the Town Council put the Planning Commission in charge of conducting and publicizing future transit workshops, as a less formal Town Council/Staff forum.

If reinstituting service takes more Transit Occupancy Tax (TOT) funding, then perhaps it is time to change the Measure A formula to be more equitable for both our Transit and Housing partners (ESTA and MLH). I am among those who feel that ML Tourism (MLT) has done a wonderful job of increasing tourism over the years, but now that we are “on the map” it is past time to recognize our other two partners who have been overlooked in our annual allocation of TOT.

Thanks for beginning the transit discussion; now let’s involve the affected public and other agencies in workshops before going to our more formal procedures.

Sandy G. Hogan
Sandy Hogan, 27-year resident
Cc: Phil Moores, ESTA Executive Director
Stacy Corless, Supervisor, Mono Co. District 5
Stacie Guzman, YARTS Executive Director
Town of Mammoth Lakes Planning and Economic Development Commission

Capital Project Update
October Update
Created 10-24-22
Project Notes
CRC Contractor has substantially completed flat ends
Utilities – gas, water, electrical, HVAC are being installed inside the building Exterior mechanical / trash enclosure is under construction Some interior framing has been completed
CRC - Mobility Hub Parking lot has been paved
Bus shelter is nearly complete
Tesla is installing their equipment
CRC - Interior Work Staff is recommending that this work be bid later this winter.

Staff recommends contractor focus on existing contract elements.

The Parcel PH 1 Construction of the 2nd floor concrete podium for both buildings is complete, and single-story steel framing for the Building A1 community space, property management offices, and childcare facility is ongoing.

Installation of 3 stories of pre-fabricated building modules began with Building A1 on October 27, and is expected to last 2 weeks.

Installation of public “wet” utilities, including water, sewer and storm drain, is complete along Inyo St and most of Tavern Rd.

Ballfields Rehabilitation
Whitmore/Shady
Contractor installed new sod and placed 300 yards of decomposed granite to raise the infield and provide a buffer between the existing, degraded infield mix and the new infield mix. Additionally, Contractor delivered infield mix material and is installing the new infield mix create a pristine playing surface and field size for Little League and High School Women’s Softball. Once the infield mix is installed, the only remaining construction items will be installation of a permanent home run fence and extensions of foul line fences.
60 Joaquin The design-build team is working on their design package. They intend to submit for PEDC review in November.

OMR Beautification No bids were received. Town staff continues talks with potential companies. Staff no longer believes work could advance this fall and is now targeting spring installations.

Main Street Landscaping Town staff received one bid from a local contractor to perform a portion of the work associated with this project. Town staff is evaluating this bid and is hopeful for limited work to be performed this season.

HSIP Intersection crossings The Town is working through final details with Caltrans prior to applying for construction funding for upgrades to existing crosswalks at Laurel Mountain Rd and the Post Office. Staff anticipates bidding in November upon formal allocation of funding and awarding, with work occurring in late winter, weather permitting.

Chaparral Extension (The
Parcel)
The contractor has completed tree removal. Contractor intends to begin installation of wet utilities (sewer, water, and storm drain) this fall, pending material delivery and weather conditions. Staff expects the remaining work to resume in the spring.

Laurel Mountain Rd Rehab
& Sidewalk
Construction of project will occur in 2023.

Fuel Island In mid-October, the contractor was on site to inspect and clean our underground tanks. This process included pumping out any contaminants built up in the tanks, sandblasting from within, and documenting tank conditions with photographs and ultrasounds. The tanks were found to be

in good condition with pitting as expected on a 30 year old tank. It was recommended that a tank liner be installed. Staff anticipated this and approved the installation which has been completed.

Separately, consultants are working on a design and bid package for a new slab with waterproof manholes. The existing slab will be removed and replaced. This work will be done in the spring.

This remediation work will provide a minimum of 10 years of useful life from the existing fuel island.

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. HMC is working on refining the schematic design. Staff is working with the Town Manager on the viability of the project. Staff will bring the project to Council in November.

Foundation Childcare Staff and AP Architects held a kickoff meeting and reviewed the scope and expectations. A field meeting has taken place to look over the portables available and further discuss the path forward.

Main Street MUP Staff and our consultant are finalizing responses to Caltrans comments on initial plans. Town will then apply for previously programmed STIP funding to cover to the detailed engineering design phase, then continue to work with the consultant to produce construction plans. No construction funding has yet been identified.

MUSD GARDEN GRANT
Tower Gardens at MHS in
Culinary Arts class and MES
in STEAM classroom
We will place 1 more at MHS
with 24 plants

Photos from International Food Waste Prevention Day at MHS We made ceviche in CulinaryArts class!

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

Council Meeting Date: 11/2/2022
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 transit. It was published in The Sheet, the Mammoth Times, and el Sol on the weekend of October 21, as well as being posted on the Town’s social media and website.

DID YOU
KNOW?
TownofMammothLakes.ca.gov Town of Mammoth Lakes
• The Town of Mammoth Lakes (Town) and Mammoth Mountain Ski Area contract with Eastern Sierra Transit Authority (ESTA) to provide free bus and trolley routes within the Town, Lakes Basin, Reds Meadow and Ski Area including access to Tamarack, Main, Eagle and Canyon Lodges. • ESTA carries 900,000 passengers in a typical year, just in the Town of Mammoth Lakes. That’s equal to approximately 600,000 vehicle trips every year that do NOT crowd the streets in town!
• The Town devotes a percentage of annual Transient Occupancy Tax (TOT) revenues to fund transit services, with a funding commitment of $1,070,400. • Twice a year, ESTA and the Town review routes and services through a process where members of the public are encouraged to provide input. From that input, improvements have been and will continue to be made to the system. • Tickets for routes outside of Mammoth Lakes and Dial-a-Ride can be purchased online www.estransit.com/buy-my-pass.
• You can track ESTA transit service in real time using the Transit app.

Did you know that free transit is
available to all residents and visitors in the
Town of Mammoth Lakes?
For information on routes and schedules scan here
or visit www.estransit.com/routes-schedule. Page 13 of 134 TownofMammothLakes.ca.gov Town of Mammoth Lakes
¿SABÍAS QUE?
• El Pueblo de Mammoth Lakes (Pueblo) y Mammoth Mountain Ski Area tienen un contrato con Eastern Sierra Transit Authority (ESTA) para proporcionar rutas gratuitas de autobús y trolley dentro del Pueblo, Lakes Basin, Reds Meadow y Ski Area, incluido el acceso a Tamarack, Main, Eagle y Canyon Lodges. • ESTA transporta 900,000 pasajeros en un año típico, sólo en el Pueblo de Mammoth Lakes. ¡Eso equivale a aproximadamente 600,000 viajes en vehículos cada año que NO llenan las calles del pueblo!
• El Pueblo dedica un porcentaje de los ingresos anuales del Impuesto de Ocupación Transitoria (TOT) para financiar los servicios de tránsito, con un compromiso de financiación de $1,070,400.
• Dos veces al año, ESTA y el Pueblo revisan las rutas y los servicios a través de un proceso en el que se alienta a los miembros del público a proporcionar información. A partir de esa aportación, se han introducido y se seguirán introduciendo mejoras en el sistema.
• Los boletos para rutas fuera de Mammoth Lakes y Dial-a-Ride se pueden comprar en línea www.estransit.com/buy-my-pass.
• Puede rastrear el servicio de tránsito ESTA en tiempo real usando la aplicación Transit.
¿Sabías que el tránsito gratuito está
disponible para todos los residentes y
visitantes de el Pueblo de Mammoth Lakes?
Para mas información de rutas y horarios escanea aquí
visita www.estransit.com/routes-schedule. Page 14 of 134 Town Council of Mammoth Lakes
Minutes of Regular Meeting
October 19, 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 4:03 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

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

3. PUBLIC COMMENTS
Jennifer Slayton said that she was running for the Kern Community College District Board of Trustees.

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

5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Town Manager Daniel C. Holler said that the Town was notified that the Public Utilities Commission awarded the Town local agency technical assistance

Town Council Minutes
October 19, 2022

funding of up to $500,000 for broadband work. He reported that Southern California Edison (SCE) would be doing vegetation work in the new Shady Rest Campground area. He announced upcoming Eastern Sierra Community and Climate Resilience project scoping meetings and the Tenth Anniversary of the Mammoth Lakes Trail System.

Parks and Recreation Director Stuart Brown reported on current parks and recreation activities.

6. PUBLIC PRESENTATIONS

6.1 Approve the proclamation regarding Domestic Violence Awareness Month.

Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Approve the proclamation declaring October as Domestic Violence Awareness Month.

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. STAFF PRESENTATIONS

7.1 Quarterly Presentation by Airport Core Management Team – Fall 2022.

Deputy Airport Manager Sierra Shultz, Operations and Maintenance Manager Vince Maniaci, and Administrative Services/Finance Director Rob Patterson gave a presentation regarding the Airport Quarterly Update. There was discussion among members of Council and staff.

8. CONSENT AGENDA
Mayor Pro Tem Wentworth requested that Agenda Item 8.6 be removed from the consent agenda for separate discussion.

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

Town Council Minutes
October 19, 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)

8.1 Approve the minutes of the regular meeting of October 5, 2022.

8.2 Approve the minutes of the special meeting of October 12, 2022.

8.3 Approve and adopt Resolution No. 22-XX establishing the 2022 compensation schedule for limited-term employees and repeal Resolution No. 22-02.

8.4 Approve and adopt Resolution No. 22-XX establishing benefits for limited-term employees and repeal Resolution No. 22-02.

8.5 Award Contracts for Snow Removal.

8.6 Approve leases and award contract for operation of the Town’s Snow Storage facility.

This item was removed from the consent agenda for separate discussion.

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 Bill Sauser
Authorize the Town Manager to finalize contract scope and fee negotiations and finalize contract for operation of the Town’s Snow Storage Facility. Authorize the Town Manager to execute a lease for land to operate a Snow Storage Facility. Authorize the Public Works Director to execute the contracts and accept the work upon completion, and approve contract revisions to complete the work, up to an additional 25% of the awarded amount.

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

Town Council Minutes
October 19, 2022

8.7 Accept the sales price offer on the Town owned Meridian Court F203 condominium unit being sold through the Town’s Housing Now! Bridge Program.

8.8 Accept Check Register 09/29/2022 in the amount of $1,758,679.20.

9. PUBLIC HEARINGS

9.1 Town of Mammoth Lakes FY22-23 Master Fee Update of Airport Fees.

The Mayor opened the public hearing at 5:17 p.m.

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

PUBLIC COMMENT:

Summer Foster, Hot Creek Aviation, said that they had had no complaints since the fees had gone into effect.

The Mayor closed the public hearing at 5:24 p.m.

Moved by Councilmember Bill Sauser
Seconded by Councilmember Sarah Rea
Adopt the attached resolution establishing and updating a master schedule of Airport fees and charges for Town services for FY22-23.

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. POLICY MATTERS

10.1 Presentation of Pre-Audit Financial Results for Fiscal Year 21-22, Fund Balance, Projects, and Continuing Commitments.

The Mayor called a recess at 5:25 p.m. and the Council reconvened at 5:39 p.m.

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

Town Council Minutes
October 19, 2022

Betsy Truax, Executive Director of the Mammoth Lakes Foundation, spoke about the funding for the Mammoth Arts and Culture Center (MACC).

Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Bill Sauser
Adopt the resolution amending the FY22-23 budget as recommended on Attachment A.

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

10.2 Update on Solid Waste Programs.

Town Manager Daniel C. Holler and Assistant to the Town Manager Pam Kobylarz outlined the information in the staff report. There was discussion among members of Council and staff.

Anthony Russell and Peter Quaglino, Mammoth Disposal, spoke about the timeline for the completion of the transfer station.

There was discussion among members of Council, staff, and Mammoth Disposal staff.

11. COUNCILMEMBER REPORTS
Mayor Pro Tem Wentworth attended the Integrated Climate Adaption and Resiliency Program (ICARP) Technical Advisory Council meeting, the Lodging Association meeting, the Mammoth Trails Committee meeting, and the Eastern Sierra Council of Governments (ESCOG) meeting.

Councilmember Sauser attended the Mammoth Lakes Tourism (MLT) Board meeting, the Mammoth Trails Committee meeting, and the Eastern Sierra Transit Authority Board meeting.

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

Mayor Salcido attended the Eastern Sierra Council of Governments meeting and the Yosemite Area Regional Transportation (YARTS) meeting with Supervisor Corless.

Town Council Minutes
October 19, 2022

12. ADJOURNMENT
The Council adjourned the meeting at 7:32 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) December 2, 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 2nd day of November 2022.
________________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the Amendment to Emergency Operations Center (EOC) Cost Share Agreement Term.

Council Meeting Date: 11/2/2022
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Approve the amendment to the Emergency Operation Center (EOC) Cost Share Agreement to have December 31, 2020 as the termination date and allowing each member agency to pursue Federal Emergency Management Agency (FEMA) reimbursements.

Summary:

Town staff has worked with Mono County and the Mammoth Lakes Fire Protection District to modify the termination date of the EOC cost share agreement. The cost share agreement was entered into by the parties to share the costs of operating the Emergency Operations Center in managing the COVID-19 pandemic. The agreement was effectively used to manage and allocate costs to each agency and supported the cooperative efforts undertaken. The proper accounting of costs is of importance to the timely filing of FEMA reimbursement requests. The Town and County worked closely together to jointly file initial requests and have received some reimbursements, while others are pending. After December 2020, the Town was able to prepare our next set of reimbursement requests outside of needing to file them jointly with the County. However, under the Cost Share Agreement, FEMA indicated that a joint request was required. To address the timeliness of the Town’s request and acceptance by FEMA an amendment to the Agreement was necessary regarding the end date of the term of the Agreement and the allowance of each agency to separately pursue reimbursement. To assist with the FEMA reimbursement process, staff is recommending approval of the Amendment to the EOC Cost Share Agreement.

AGREEMENT TERMINATING COST SHARE AGREEMENT AMONG THE COUNTY OF

MONO, THE TOWN OF MAMMOTH LAKES AND THE MAMMOTH LAKES FIRE PROTECTION DISTRICT, EFFECTIVE DECEMBER 31, 2020
WHEREAS, on March 16, 2020, the County of Mono (“County”), Town of Mammoth Lakes (“Town”) and Mammoth Lakes Fire Protection District (“MLFPD”) (collectively the “Parties” and individually a “Party”) entered into an agreement for the purpose of outlining the basis and methodology for allocating costs incurred by the Parties working collectively as the Emergency Operations Center (EOC) for COVID-19 emergency planning and response (the “Cost Share Agreement”).

WHEREAS, the Parties wish to terminate the Cost Share Agreement, effective December 31, 2020, to enable the County, Town and MLFPD to separately seek reimbursement for expenses incurred responding to COVID-19 since that date;
NOW, THEREFORE, the parties agree as follows:

1. The Cost Share Agreement for Multi-Agency Emergency Response to COVID-19 entered into by the Parties is hereby terminated effective December 31, 2020.

2. All invoices, billing amounts owed or outstanding between any Party to the Cost Share Agreement or among the Parties to the Cost Share Agreement as of December 31, 2020, have been finally paid, resolved, reimbursed or submitted to FEMA in accordance with the Agreement.

3. No additional EOC shared expenses are being accrued by the parties as provided for in the Cost Share Agreement.

4. The Parties may, but are not obligated to, pursue reimbursement from the State or Federal government for expenses incurred by them individually after December 31, 2020.

IN WITNESS THEREOF, the County, Town and MLFPD have executed this Agreement as of the date last shown below.

MONO COUNTY
_______________________ ___________________
Bob Gardner, Board Chair Date
Approved as to Form:
_______________________
Mono County Counsel

TOWN OF MAMMOTH LAKES
_______________________ ___________________
Daniel C. Holler Date

Page B-2
Approved as to Form:
_______________________
Town Attorney

MAMMOTH LAKES FIRE PROTECTION DISTRICT
_______________________ ___________________
Ales Tomaier, Chief Date
Approved as to Form:
_______________________
Attorney for District

1 TOWN COUNCIL STAFF REPORT
Title: Adopt the resolution declaring the Council’s intention to annex territories into the Community Facilities District No. 2013-3 (Transit CFD), levying a special tax in connection therewith, and setting the time and place for the public hearing on December 7, 2022.

Meeting Date: November 2, 2022
Prepared by: Amy Callanan, PE, Engineering Manager
RECOMMENDATION:

Adopt the attached resolution declaring the Council’s intention to annex territories into the Community Facilities District No. 2013-3 (Transit Services) pursuant to the Mello-Roos Community Facilities Act of 1982, levying a special tax in connection therewith, and setting the time and place for the public hearing on December 7, 2022.

BACKGROUND:

In 2014, the Town developed the Community Facilities District (CFD) 2013-3 (Transit Services) (“Transit CFD”) for subdivisions in the Resort Zone that allow transient occupancies. The imposition of such a tax at an appropriate rate would satisfy the fiscal impact requirements of the Town’s mitigation requirements for the 2007 General Plan Environmental Impact Report and the Intrawest Development Agreement to which the parcels are subject. The Town Council adopted Goals and Policies for Community Facilities District at the March 6, 2013 meeting. The Notice of Intent was adopted by Town Council Resolution No. 14-147 on April 2, 2014. Pursuant to this policy, all Planning Resolutions for project entitlements which allow transient use include a condition of approval requiring annexation into the Transit CFD.

A property is not subject to the tax until it becomes a “qualified residential property” (a property for which a certificate of occupancy has been issued for purposes of a residential dwelling unit that allows for transient use.) As of February 2022, there were 96 parcels within the District that have received their certificate of occupancy. The developments or properties with occupancy permits are located within Obsidian Residence Club, Altis, Hillside, Mountainside, Gray Stone, Gray Bear I, Gray Bear II, Gray Bear III, 125 Lakeview, 540 Old Mammoth Road, and Hillside Highlands.

The Town has received a petition from a developer requesting the Town Council undertake and complete proceedings to annex the developers’ properties into the District as shown on Annexation Map No. 6 in Exhibit A. The properties include parcels associated with the Snowcreek 8 project. The petition requests the Town finance services and improvements with a special tax levied against properties included in the District.

2 ANALYSIS:

Adoption of this “Resolution of Intention” is a legally required step for the annexation of properties into the District.

If the Council approves the Resolution of Intention attached hereto, the Council will then hold a public hearing on December 7, 2022 annexing the properties. Because it has received petitions, the Council is legally required to adopt a Resolution of Intention and to hold a public hearing at the date set by the Resolution of Intention. The Council must adopt a Resolution of Intention within 90 days of its receipt of the Developers’ petitions. After holding the public hearing, the Council may decide whether or not it desires to adopt a resolution annexing properties into the Community Facilities District.

FINANCIAL CONSIDERATIONS:

Properties included in the Community Facilities District are required to pay a special tax once they obtain certificates of occupancy for qualified residential properties (units zoned for transient use).

The Transit Services CFD No. 2013-3 tax rate for each qualified property for the 2021/22 fiscal year was $183.36 per dwelling unit or transient rental room. The total special tax requirement for the district was $19,436.16. The properties included in this resolution are currently vacant with no approved entitlements, however any future entitlements consisting of units zoned for transient use would be subject to levy of future taxes.

ENVIRONMENTAL CONSIDERATIONS:

The annual resolution for special taxing districts as a mechanism for funding maintenance is Categorically Exempt per section 15060(c)(3) of the California Environmental Quality Act.

ATTACHMENTS:

Resolution No. 22-__: CFD 2013-3 Resolution of Intention to Annex Property Exhibit A: CFD 2013-3 Annexation No. 6 Boundary Map
Exhibit B: Notice of Public Hearing
CFD 2013-3 Annex. No. 6 Petition

RESOLUTION NO.

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, CALIFORNIA, DECLARING ITS INTENTION TO

ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO

AUTHORIZE THE LEVY OF SPECIAL TAXES

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 6
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 has received a Petition (including Waivers) from the landowners requesting to annex territory into the District under the Act, to provide for the services and maintenance related to the Town-wide transit system; and WHEREAS, under the Act, this Town Council is the legislative body for the proposed annexation of territory to the District and is empowered with the authority to annex territory to the District and to levy special taxes within the annexation territory; and WHEREAS, this Town Council now desires to commence proceedings to consider the annexation of territory to the District.

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

1. This Town Council proposes to begin the proceedings necessary to annex territory to the District pursuant to the Act.

2. The name of the existing District is Town of Mammoth Lakes, Community Facilities District No. 2013-3 (Transit Services).

3. A general description of the territory included in the existing District is shown on the map recorded in the office of the County Recorder for the County of Mono on March 21, 2013, in Book 2 at Page 76 of Maps of Assessments and Community Facilities Districts, to which map reference is hereby made.

4. The territory now proposed to be annexed to the District is shown on Annexation Map No. 6 of the District on file with the Town Clerk, a copy of which is attached hereto as Exhibit A, which Exhibit is, by this reference, incorporated herein. The boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Town Clerk is hereby directed to record, or cause to be recorded, said Annexation Map No. 6 of the District

in the office of the County Recorder of the County of Mono within fifteen days of the date of adoption of this Resolution.

5. The types of services to be funded by the District and pursuant to the Act consist of those services (the “Services”) described in Exhibit B to Resolution No. 13-14 entitled “A Resolution of the Town Council of the Town of Mammoth Lakes Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” adopted by the Town Council on March 18, 2013 (the “Resolution of Intention”), which Resolution of Intention is, by this reference, incorporated herein. It is presently intended that the Services will relate to the existing territory in the District and the territory proposed to be annexed to the District.

6. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District (including the property being annexed thereto), will be levied annually within the District and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Town Council shall determine, including direct billing of the affected property owners. The rate and method of apportionment of the special tax among the parcels of real property within the District, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the District to estimate the maximum amount such owner will have to pay, is described in Exhibit C to the Resolution of Intention.

7. The special tax proposed to be levied for Services to be supplied within the proposed territory to be annexed will be equal to the special taxes levied to pay for the same Services in the District, except that a higher or lower special tax may be levied within the proposed territory to be annexed to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the existing District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the rate and method of apportionment of the special tax.

8. Notice is given that on Wednesday, December 7, 2022, at 4:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Town Council in the Council Chambers, Suite Z, 437 Old Mammoth Road, Minaret Village Shopping Center, Town of Mammoth Lakes, California, and the same are hereby appointed and fixed as the time and place when and where this Town Council, as legislative body for the District, will conduct a public hearing on the annexation of territory to the District and consider and finally determine whether the public interest, convenience, and necessity require said annexation of territory to the District and the levy of said special tax therein.

9. The Town Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. The notice shall be substantially in the form of Exhibit B hereto.

10. This Resolution shall take effect upon its adoption.

APPROVED AND ADOPTED this 2nd day of November 2022.
___________________________
LYNDA SALCIDO, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk

EXHIBIT A

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 6

PROPOSED BOUNDARIES OF THE ANNEXATION TERRITORY

ANNEXATION MAP NO. 6 OF

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
FILEDINT HEOFFICEOFT HET OWNCLERKOFT HET OWNOFMAMMOT HLAKEST HIS________DAYOF______, 2022.
____________________________

T OWNCLERK

T OWNOFMAMMOT HLAKES

MONOCOUNT Y,CALIFORNIA
IHEREBYCERT IFYT HAT T HEWIT HINMAPSHOWINGT HEPROPOSEDBOUNDARIESOFANNEXAT IONNO.6T OT HE T OWN OF MAMMOT H LAKES COMMUNIT Y FACILIT IES DIST RICT NO.2013-3 (T RANSIT SERVICES),T OWN OF

MAMMOT HLAKES,COUNT YOFMONO,ST AT EOFCALIFORNIA,WASAPPROVEDBYT HET OWNCOUNCILOFT HE T OWNOFMAMMOT HLAKES,AT AMEET INGT HEREOF,HELDONT HE________DAYOF__________,2022,BYIT S RESOLUT IONNO.____________________.
____________________________

T OWNCLERK

T OWNOFMAMMOT HLAKES

MONOCOUNT Y,CALIFORNIA
FILEDT HIS________DAYOF__________,2022,AT T HEHOUROF________O’CLOCK___M,INBOOK________OF MAPSOFASSESSMENT ANDCOMMUNIT YFACILIT IESDIST RICT SAT PAGE_______INT HEOFFICEOFT HECOUNT Y RECORDEROFT HECOUNT YOFMONO,ST AT EOFCALIFORNIA.
____________________________

COUNT YRECORDER

COUNT YOFMONO,CALIFORNIA

FORPART ICULARSOFT HELINESANDDIMENSIONSOFASSESSORPARCELS,REFERENCEISMADET OT HEMAPS OFT HEASSESSOR,COUNT YOFMONO,ST AT EOFCALIFORNIA.

REFERENCEISHEREBYMADET OT HAT CERT AINMAPENT IT LED“MAPOFPROPOSEDBOUNDARIESOFT OWNOF MAMMOT HLAKESCOMMUNIT YFACILIT IESDIST RICT NO.2013-3,T OWNOFMAMMOT HLAKES,COUNT YOFMONO, ST AT E OFCALIFORNIA” FILED T HE 21ST DAY OFMARCH,2013,IN BOOK 2OFMAPS OFASSESSMENT AND COMMUNIT YFACILIT IESDIST RICT SAT PAGE76INT HEOFFICEOFT HECOUNT YRECORDERFORT HECOUNT YOF MONO,ST AT EOFCALIFORNIA,WHICHT HISANNEXAT IONMAPAFFECT S.

TOWN OF MAMMOTH LAKES

COUNTY OF MONO

STATE OF CALIFORNIA
Minaret Road
040-140-004-000
040-070-023-000
040-070-011-000
040-140-005-000
040-070-010-000
04 0
-
0 7
0 -
0 1
3 -
0 0
0 040-070-012-000
Sheet 1 of 1
Source: Mono County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California III FIPS 0403 Feet ¬«203
Minaret Rd
Meridian Blvd
Main St
Old Mammoth Rd

T OW N OF MAMMOT H LAKES

SS II TT EE
Legend
An n exation Boun d ary
An n exation Parc els
Surroun d in gAreaParc els
O
0 200 400 800Feet

EXHIBIT B

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 6

NOTICE OF PUBLIC HEARING
Notice is hereby given that the Town Council of the Town of Mammoth Lakes will conduct a public hearing on Wednesday, December 7, 2022, at 4:00 p.m. or as soon thereafter as the matter may be heard, in the Town Council Chambers located in the Council Chambers, Suite Z, Minaret Village Shopping Center, 437 Old Mammoth Road, Town of Mammoth Lakes, California, to consider the following:

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 6
On November 2, 2022, the Town Council, as the legislative body for the District, adopted a resolution entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”). Pursuant to the Resolution of Intention, the Town Council determined that the public convenience and necessity require that certain territory, as more particularly described in the Resolution of Intention, be annexed to the existing District, all as provided in the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code) (the “Act”). Reference is hereby made to the Resolution of Intention, on file with the Town Clerk of the Town for further particulars. The following is a summary of the provisions of the Resolution of Intention.

In the Resolution of Intention, the Town Council declared its intention to annex territory into Community Facilities District No. 2013-3 (Transit Services) (the “District”). The area proposed to be annexed to the District is as shown on Annexation Map No. 6, on file with the Town Clerk, and identified in Exhibit A of the Resolution of Intention. The District shall fund services and maintenance related to the Town-wide transit system. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the District and the territory proposed to be annexed to the District. The Resolution of Intention provides that the special taxes heretofore caused to be levied in the District shall be levied in the territory proposed to be annexed, subject to public hearing and owner consent proceedings as specified in the Act.

At the public hearing the testimony of all interested persons for and against the annexation of said territory to the District or the levying of special taxes within the territory proposed to be annexed will be heard. Any person interested may file a protest in writing with the Town Clerk. /s/ Jamie Gray
Town Clerk
Town of Mammoth Lakes

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Town Office Lease Agreement - Third Amendment to Lease agreement between Town of Mammoth Lakes and Minaret Village Shopping Center LLC.

Council Meeting Date: 11/2/2022
Prepared by: Rob Patterson – Administrative Services / Finance Director Recommended Motion: Approve the Third Amendment to Lease Agreement between Town of Mammoth Lakes and Minaret Village Shopping Center LLC, pending final legal review, updating duration and lease rates for Town office facilities.

Summary: The current lease for the Town offices located at 437 Old Mammoth Road expired on September 30, 2021. This previous lease was 12.5 years in duration and was the second extension of the original lease dated September 14, 2001. The Town and Minaret Village Shopping Center LLC have been working over the last year to secure a new lease for the offices. The expectations of the landlord and approach to negotiation caused much concern for both staff and Town Council.

The decision was made to explore opportunities in other facilities or to develop plans for a new Civic Center that the Town would construct and occupy. The Town has been working to get a rough order of magnitude for the new facility, outlining both cost and time to construct. This work has been completed and the timeframe necessary to design and construct the building is clear. The Town continued with negotiations for a term that would end in time for the new facility to be ready for occupancy. The terms of this new lease agreement are set to terminate on September 30, 2025, with an option to extend one year should the new facility not be ready. A second, one-year lease extension is also available to accommodate additional delay in construction or to facilitate a new lease in another building if necessary. The new lease incorporates almost all of the elements of the original lease, some of which the Town was seeking to remove during this renewal. Absent any leverage with the existing landlord, the Town was able to achieve only incremental changes to support improvements to the building and the reduction of lease space no longer needed. In total this is the best contract we could achieve for the period of time necessary to exit the facility without interruption of service.

THIRD AMENDMENT TO

LEASE AGREEMENT
PARTIES: The Town of Mammoth Lakes (“Lessee”) and Minaret Village Shopping Center, LLC (“Lessor”) (collectively, the “Parties”) hereby enter into this Third Amendment (“Third Amendment”) to the Standard Form Shopping Center Lease between the Parties dated September 14, 2001 (“Lease”) as set forth below. This Third Amendment shall be effective as of October 1, 2022 (the “Effective Date”).

TERM: The Lease, as it has previously been amended by the “Lease Renewal Amendment” dated September 3, 2009, and the “Second Lease Amendment” dated April 1, 2019, is hereby amended to extend the term through September 30, 2025.

OPTION TO EXTEND: Lessee shall have two options to extend the Lease for a period of one year. The first option, ending not later than September 30, 2026. Lessee shall provide notice to Lessor of its exercise of such option not later than December 31, 2024. The second option, ending no later than September 30, 2027. Lessee shall provide notice to Lessor of its exercise of such option not later than December 31, 2025. If Lessee fails to provide such notice, Lessee shall be deemed to have declined its option.

PAYMENTS: Effective on October 1, 2022, and continuing through December 31, 2022, Lessee shall pay monthly rent of $27,246.80, consisting of $1.40 per square foot occupied by Lessee.

The current square footage is described in Exhibit A, attached hereto and incorporated herein by reference. Rent shall thereafter increase annually as set forth in Section 4.2 of the Lease. In addition to the foregoing rent, Lessee shall pay initial Common Area Maintenance (CAM) charges of $10,120.24 per month which is based on $.52 per sf of leased space. As leased space is reduced as set forth herein, actual charges for CAM costs shall reflect the reduced sf of occupancy and therefore the amount of total CAM paid by Lessee will be reduced accordingly. Lessor shall provide Lessee with an annual reconciliation of actual CAM costs and any additional funds, or rebates due from or to Lessee.

Effective January 1, 2023, Lessee shall vacate the space known as Suite 288, thereby reducing the square footage occupied by Lessee by 2,030 sf to 17,432 sf and monthly rent shall be adjusted to $24,405.43. Lessee shall have the option to vacate the space known as Suite 270 effective at any time between June 30, 2023 and December 31, 2023, provided that Lessee shall first provide not less than 90 days’ written notice to Lessor of Lessee’s intent to vacate the space and the effective date of the vacation. If Lessee exercises its option to vacate Suite 270, the leased space occupied by Lessee will be reduced by 2,299 sf to 15,133 sf and monthly rent shall be adjusted to $21,186.20.

TENANT IMPROVEMENTS: Lessee may, in its discretion, undertake repairs and/or improvements to the Leased Premises, provided that no such repairs or improvements harm or diminish the structural integrity of the Leased Premises or the Property, and that all such repairs and improvements shall comply with applicable building codes. Lessee shall receive a credit against its rent obligations for the entire cost of improvements (but not normal repairs) which extend the useful life of the Leased Premises or improve the condition of the Leased Premises or the Property, including without limitation replacement of carpet, painting, replacement of exterior or interior windows, odor mitigation, and installation of energy-efficient lighting systems. Lessee shall provide Lessor with an itemized statement reflecting the costs of any such improvement, and Lessor shall apply such costs as a credit against Lessee’s Rent obligations divided evenly over the following 12 months. The maximum aggregate amount of any credits provided to Lessee hereunder shall not exceed $10,000.

INCORPORATION OF THIRD AMENDMENT. From and after the Effective Date of this Third Amendment, wherever the term “Lease” appears in the Lease, it shall be read and understood to mean the Agreement as amended by this Third Amendment, as well as the previous Lease Renewal Amendment, the Second Lease Amendment, and Third Lease Amendment. Except as modified by this Third Amendment and the previous amendments, the Lease remains binding on the Parties according to its terms.

COUNTERPARTS. This Third Amendment may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one fully executed Third Amendment.

IN WITNESS WHEREOF, the said Parties hereto have caused this Third Amendment to be executed on the Effective Date.

LESSEE (TOWN OF MAMMOTH LAKES) LESSOR
(MINARET VILLAGE SHOPPING CENTER,
LLC)
By: _________________________ By: __________________________ Dan Holler
Town Manager
Attest: _________________________
Jamie Gray
Town Clerk

Page
3 of 3

1 TOWN COUNCIL STAFF REPORT
Title: Authorize the Town Manager to sign professional services agreement with Cardno for archeological services in an amount not to exceed $117,143.50 and approve the appropriation of $120,000 from Fund 215 to include cost for administration and contingency.

Meeting Date: November 2, 2022
Prepared by: Lawson Reif, Office Of Outdoor Recreation
RECOMMENDATION:

Authorize the Town Manager to sign a professional services agreement with Cardno (Stantec) to authorize payment not to exceed $120,000.00 to complete archeological analysis of the Sherwins Trails (SHARP) project and approve $2,856.50 for Town staff time and contingency for a total allocation of $120,000 from Fund 215.

BACKGROUND:

In order to continue with the development of the Sherwins Trails (SHARP) project, archeological analysis of the project area is required. Due to staffing constraints within the Inyo National Forest, the Town is seeking the services of Cardno (Stantec) to perform this environmental work. Cardno was vetted through an RFQ process in 2020 and is on the Town’s short list for on-call environmental services. Cardno has vast experience working in the eastern Sierra and direct experience working in the archeologically rich area that is the Mammoth Ranger District.

A professional services agreement will be the mechanism used to authorize Cardno (Stantec) to perform archeological services. The professional services agreement will be for a two-year term but contains a unilateral option for automatic renewal for two additional one-year terms. The initial work will be completed this year, pending weather. Future work on the SHARP trail project will be pursued if the Town is successful in securing grant funding.

Work to be performed under the professional services agreement is highlighted in the attached scope of services.

FINANCIAL CONSIDERATIONS:

The Mammoth Trails Committee (MTC) and Mammoth Lakes Recreation (MLR) recommended a $100,000 allocation from the Measure R Trails (Fund 215) reserves specifically for SHARP environmental review. Based on the proposal received form Cardno, staff time, and a small contingency, staff is recommending the allocation of $120,000 to fully fund the archeological work as proposed from Fund 215. The fund has adequate reserves specifically set aside for this type of planning work for the trails program.

2 While Council has the authority to appropriate these funds, staff will follow up with the MTC and MLR on the final cost of the work and use of funds. This is the first phase of the work necessary to move the SHARP trails program forward. Staff anticipates completion this year of this phase of the work pending weather.

Furthermore, an approximately $520,000 planning grant was applied for with the Sierra Nevada Conservancy (SNC) of which a portion would be used to fund the archeological analysis for the SHARP project, which will be completed in phases. This grant has been recommended for approval by SNC staff and the SNC board is expected to vote for potential funding of this grant application in December 2022. If approved, additional work will proceed to finalize the environmental analysis under NEPA for the proposed trail projects.

621 West Line Street
Suite 205
Bishop, CA 93514
USA
Phone: +1 760 920 1464
www.cardno.com
www.stantec.com
October 11, 2022
Mr. Lawson Reif
Outdoor Recreation Manager
Office of Outdoor Recreation
Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA 93546
Subject: Request for Proposal—Cultural Resource Surveys for the Town of Mammoth Lakes’ Sherwin Trails Project on the Inyo National Forest Dear Ms. Stark:

Cardno, now Stantec (Cardno), is pleased to submit this proposal and cost estimate to the Town of Mammoth Lakes (TOML) for cultural resources surveys within the area of potential effect (APE) for the Sherwin Trails Project (Project) on the Inyo National Forest (INF or Forest). We have assembled an experienced archaeological team with an Archaeological Principal Investigator and Field Director who both meet the Secretary of Interior’s (SOI’s) Archeology and Historic Preservation Professional Qualifications Standards.

The Cardno team will be led by Project Manager/Senior Consultant Crystal West, whose focus will be to provide exceptional project delivery and cultural resource management and to build upon her existing relationship with TOML and the Forest Heritage Program Manager (Forest HPM). Katie Ross-Smith, PhD, who has more than 23 years of technical expertise, will serve as the Principal-in-Charge. Dr. Ross-Smith has a strong interdisciplinary background in riparian vegetation, floodplain fluvial geomorphic processes, and aquatic ecology with extensive field, analytical and technical writing expertise, specifically related to the Sierra Nevada region.

The Cardno team will be supported by the ASM Affiliates (ASM) team led by Director/ Principal Investigator Peter Carey, MA, RPA, who has more than 14 years of specialized archaeological experience in California and in the Great Basin. Mr. Carey, located in Bishop, California, will oversee the archaeological field crews consisting of Cardno staff and ASM’s staff from their Reno and Tehachapi Offices. Since 1977, ASM has specialized in providing cultural resource studies to state and federal agencies throughout the western United States. ASM provides a full range of services that include archaeology, historic preservation, and Geographic Information System (GIS) studies, including the completion of surveys, site recordation, and monitoring. ASM has successfully completed more than 5,500 cultural resource studies in its 45-year history. Among these are numerous studies similar in size and scope to the proposed project. ASM’s inventory of equipment includes all tools and technology needed to perform both traditional and innovative types of studies to fulfill regulatory requirements and provide the types of documentation required.

2 Town of Mammoth Lakes
October 11, 2022
www.cardno.com | www.stantec.com
The Project will be managed and staffed from Cardno’s Bishop Field Office, which has local technical experts in biological and cultural resources and civil engineering and design, and these staff have lived and worked in the Eastern Sierra for many years and are familiar with local land management visions (governmental and nongovernmental).

PROJECT UNDERSTANDING
Purpose
Section 106 of the National Historic Preservation Act of 1966 (NHPA, 36 Code of Federal Regulations Part 800) requires federal agencies to take into account the effects of proposed undertakings on historic properties. The INF has determined that the Project is an undertaking with respect to the NHPA. TOML has requested that Cardno prepare this scope of work and cost estimate for cultural resource surveys within the APE as part of the Inventory and Identification Phase of the undertaking.

Background and Purpose and Need
Recreation use in the Sherwin area to south of the town of Mammoth Lakes is currently enjoyed year-round by locals and visitors pursuing quiet and reflective natural experiences, including hiking, horseback riding, mountain bike riding, trail running, and winter sports such as cross-country skiing, fat tire biking, snowmobiling, backcountry skiing and snowboarding. Few formal trailheads with infrastructure such as an information kiosk, parking, and vault toilets exist, and many trails have been user created.

TOML proposes to develop a system of multi-use trails according to US Department of Agriculture, Forest Service (USDA-FS) design standards. The Project will involve using USDA-FS approved best management practices to construct trailhead infrastructure such as USDA-FS–approved trailhead information kiosks, vault toilets, bear-proof trash containers, and additional parking. The purpose of this Project is to provide recreational facilities and trails to serve an increased demand for public trails in the urban interface between the town of Mammoth Lakes and designated wilderness areas on the INF.

The Project will rely on existing documents such as the Town of Mammoth Lakes Trail System Master Plan, Sherwin Area Recreation Plan, and the subsequent Programmatic Environmental Impact Report for the Project design, which will include the following types of trail development (see Figure 1 for details):
> Construction of formal trailheads (2) at Mill City and Sherwin Trailhead Expansion including information kiosks, parking, and vault toilets
> Construction of multiple new multi-use, non-motorized, soft-surface trails in 18-inch tread > Construction of multiple new multi-use, non-motorized, permeable-surface trails in 60-inch tread > Rehabilitation of selected user-created trails to serve as multi-use, non-motorized, soft-surface trails in 18-inch tread
> Decommission of selected user-created trails that are redundant, are not sustainable, or present resource concerns
> Development and placement of approved signage at various locations within the trail system Because the location of ground-disturbing activities has not yet been specified by TOML, the INF is requesting an archaeological block survey of a larger APE that will encompass all proposed trail activities and any alternatives proposed during the Project design. This area covers approximately 1,350 acres surrounding the proposed trail developments shown in Figure 1. The APE consists of areas where proposed Project activities may occur including,

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but not limited to, trail construction, rehabilitation, decommissioning, trailhead development, and development of signage that may have direct and indirect effects on properties eligible for inclusion in the National Register of Historic Places (NRHP). The APE may be adjusted in consultation with the INF during Project planning, design, and implementation if information changes.

SCOPE OF WORK
Phase 1: Project Description, APE Development, and Field Preparation Task 1.1: Project Description, APE Development, and Field Preparation Project Description and APE Development
Cardno will assist TOML with the development of the Project description, planning and design for inclusion in the INF archaeological permit and survey strategy. Cardno may also assist TOML with Project planning with the INF.

Assumptions:
> Cost includes time for Cardno’s Senior Consultant and Archaeological Field Director to assist TOML with Project description, APE development, and survey strategy. > Cost includes a 1-hour meeting with the INF.

Field Preparation: Records Search
Archaeological studies and site records on file at the INF and the California Historical Resources Information System (CHRIS) and other pertinent sources of information (e.g., mineral and land ownership records, historical maps, and local museum collections) will be consulted prior to starting fieldwork. In addition to the record search, Cardno will submit a Sacred Lands File request to the Native American Heritage Commission. Previous survey work will be critically reviewed to determine whether reliable coverage is provided for any portion of the APE. The Cardno team will consider survey age, methodology, changes in field conditions, thoroughness of documentation, and/or other indications of reliability. The study area for the record search will be within 0.5 mile of the Project APE.

Assumptions:
> GIS shapefiles of the Project APE will be provided to Cardno for its records search > Cardno will conduct one site visit to the INF Supervisor’s Office in Bishop, California, to conduct the records search.
> Cardno will request a Sacred Lands File search from the Native American Heritage Commission. > Cost includes fees associated with digital record search request at the CHRIS, Eastern Information Center (EIC), University of California—Riverside, California.
> Cardno will remain in close communication with TOML staff and the Forest HPM (or delegate) to review and finalize Project work site data and the APE prior to initiating surveys. > Prior to starting fieldwork, Cardno will consult with the Forest HPM regarding recommendations for areas exempted from new surveys.
> The INF will conduct Tribal consultation regarding the Project and communicate to Cardno any Tribal Resources that may need to be considered during fieldwork.

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Field Preparation: Archaeological Survey Permit
The Cardno team will obtain an archaeological study permit from the INF prior to starting work.

Cardno will notify the TOML and the INF (1) about dates of fieldwork; (2) about any changes to schedule and reasons for any changes in fieldwork activities (e.g., inclement weather); and (3) upon completion of the field activities.

Assumptions:
> The INF will provide the Cardno team with an archaeological study permit prior to the fieldwork.

Phase 2: Cultural Resources Survey
Task 2.1: Cultural Resources Survey
Field Survey
The Cardno field team consisting of an SOI-Qualified Archaeological Field Director and five archaeological field staff will systematically survey the approximately 1,000 acres of the APE. It is assumed that 25 percent of the total 1,350 acres of the APE have been adequately surveyed and will not need to be resurveyed. Surface intensive coverage of the APE will be performed using parallel adjacent pedestrian transects spaced no more than 15 to 20 meters apart within the practical limits of safety, topography, vegetation, water, or other constraints. Transects do not need to be straight lines but should meander opportunistically to take advantage of soil exposures and topographic probabilities to facilitate the examination of suspected cultural resources. Survey of unnavigable steep terrain (>30 degree slopes) will emphasize pedestrian and/or visual examination of likely or suspected site locations as practical (e.g., rock shelters, quarries, game drives, hunting blinds, mining adits, trails, roads, and logging features). Proposed adaptations to the survey strategy will be discussed with the Forest HPM prior to their implementation. The cultural resources inventory report will accurately depict and describe precise methodologies employed, including reasons for not surveying areas in the APE (e.g., impenetrable brush, wetlands, and cliffs).

Field Site Recordation
All previously documented NRHP-eligible and unevaluated cultural resource sites in and adjacent to the APE not visited in the past 10 years will be inspected and updated according to the following provisions and per the INF archaeological study permit:
> Inspected sites will be completely examined, with at least broad-scale observations made for portions of the site extending beyond the survey area, unless otherwise negotiated with the Forest HPM (or delegate). > If existing site records meet current documentation standards, and no appreciable changes or significant new information is found, then a concise site update containing only pertinent information to supplement the existing record will be needed (e.g., information about current condition, additional diagnostic artifacts or features located, current photographs, information related to the assessment of effect or protection recommendations, adjusted shapefiles, and additional sketches or maps). If these conditions are not met, comprehensive site documentation will occur.
> A Global Positioning System (GPS) unit (Trimble) with sub-meter accuracy (Datum NAD 83, UTM Zone 11) will be used to record resources. Other types of handheld GPS units or iPAD devices may be used to record transect data.
> All artifacts will be documented in the field, not collected.

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> No archaeological testing will occur.
> Cultural resources recorded or updated within the past 10 years will be inspected only if current documentation does not meet standards, new information or data are found, or information for assessing effects of the current undertaking is lacking.
> Sites previously determined to be ineligible for listing in the NRHP will be examined and updated only if reconsideration of previous determinations is required based on new information or changed conditions. > All newly identified sites, including portions outside the APE, will be completely documented. In the case of historic roads or trails, documentation will extend at least to the nearest intersection with a paved road, an intersection with another road or trail, or the National Forest boundary. > Alternative documentation methods may be negotiated with the Forest HPM for sites that extend over 100 meters beyond the APE.

Assumptions:
> Fieldwork will consist of a 10-day fieldwork rotation and 8-hour workdays to survey approximately 1,000 acres. > Cost includes a half day of travel time (4 hours) on either end of the 10-day fieldwork rotation. > Crew will consist of six (n=6) people total: one Cardno Bishop Archaeological Field Director, two Cardno archaeological staff, and three ASM archaeological staff. > Cost includes recordation of 10 new archaeological resources and 10 site record updates. > Cost includes Mammoth Lakes’ General Services Administration (GSA) meals per diem of $70 per day per person for five non-local staff.
> Cost includes Mammoth Lakes GSA lodging per diem of $138 per night person for five non-local staff. > Cost includes rental cost of $75 per day for the GPS unit (Trimble) with sub-meter accuracy. > Cost includes rental cost of $25 per day for ASM’s GPS unit. > Cost includes mileage from Cardno’s Bishop Office to the Project (10 roundtrips) and travel time for Cardno’s Archaeological Bishop Field Director.
> Cost includes mileage from Cardno’s Bishop Office to the Project (2 roundtrips) and travel time for ASM’s Principal Investigator.
> Cardno will notify the TOML and the INF via email when the surveys have been completed.

Phase 3: Cultural Resources Reporting
Task 3.1: Site Records and Cultural Resources Report
Site Records
All newly identified resources and existing resources will be recorded according to the INF cultural resources definitions and warranting updated documentation on the appropriate California Department of Parks and Recreation Series 523 forms. All updates will include a new primary record and/or archaeological site record unless the existing site record has a current and accurate primary record in which case a continuation sheet will be sufficient. Location maps will be updated with current GPS locational data, unless the previous record’s location map is accurate, on the most current topographic map at a 1:24,000 scale. Any impacts from recreation use or

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other disturbances will be documented in the site record and on site maps. Photographs will be included in the new and updated records for each site.

Cultural Resources Inventory Report
The cultural resource inventory report will meet National Forest (Forest Service Manual 2363.16) and the California Office of Historic Preservation’s Archaeological Resource Management Report Recommended Contents and Format (1990). It will include background research, historic contexts, oral histories, survey design, field methods, cultural resource findings, NRHP-eligibility recommendations, Project effect recommendations, maps, site forms, photographs, and collection logs as applicable.
> A preliminary fieldwork summary will be submitted to the TOML and the INF within 1 week of completing a fieldwork tour.
> A draft cultural resources report will be submitted to the Forest HPM using a secure file sharing system to protect confidential cultural resources information for a 30-day review period. > The report will be submitted in accordance with provisions of the archaeological study permit. > Forest report and site numbers will be assigned by the Forest HPM during the draft review and this information will be included in the final report.
> The Forest HPM will provide one round of consolidated review comments on the draft report. > The final submitted package will include an unbound original color copy of the report, electronic files (Microsoft Word and Adobe PDF), applicable shapefiles (e.g., APE, survey area, and cultural resource locations), digital photographs and photo logs, and other logs (as applicable).

Confidentiality of Information
The Cardno team will ensure the confidentiality of legally protected site location information on public lands pursuant to the NHPA, Archeological Resources Protection Act, and other statutes. No legally protected information will be held or shared (1) with any third party not identified as a qualified professional in the archaeological study permit, (2) with external Project proponent, (3) with contract administrator, or (4) without express consent of the Forest HPM.

Assumptions:
> Cardno will provide general NRHP-eligibility recommendations in the report and site records based on background research and surface surveys. This work will not include extensive NRHP-eligibility research, context development, or subsurface testing.
> Cardno will submit the final report and site records to the EIC on behalf of the INF.

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Deliverables/ Schedule
The following table presents the deliverables and schedule for the proposed Project.

Deliverable Schedule Recipient
Submit fieldwork summary 1 week after completion of fieldwork TOML and Forest HPM Submit draft report and draft site
records
45 days after completion of
fieldwork
Forest HPM
Submit final report and site records 30 days after receiving INF comments
Forest HPM and EIC
Phase 4: Project Coordination
As project manager, Ms. West will maintain responsibility for client service with the TOML and Forest HPM contract terms, invoicing, budget tracking, commitment of staff resources, and quality control for the overall contract. A project coordinator will assist Ms. West with invoicing and budget tracking.

COST
This proposal is a Time and Materials Not-To-Exceed (T&M NTE) quote. Our efforts to provide the identified services is estimated to be $117,143.50 as detailed below.

Phase / Task Cost
Phase 1: Project Description, APE Development, and Field Preparation Task 1.1: Project Description, APE Development and Field Preparation $8,380.00 Phase 2: Cultural Resources Survey
Task 2.1: Cultural Resources Survey $78,833.50
Phase 3: Cultural Resources Reporting
Task 3.1: Site Records and Cultural Resources Report $27,970.00 Phase 4: Project Coordination $1,960.00
Total Cost $117,143.50

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If you have any questions or require additional information, please contact Crystal West at the information provided below. We look forward to working with you on this exciting project.

Sincerely,
Crystal West
Project Manager
for Cardno
Direct Line +1 760 920 1464
Email: [email protected]
Katie Ross-Smith, PhD
Principal-in-Charge
for Cardno
Direct Line +1 209 418 9240
Email: [email protected]

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ATTACHMENT
2022 Schedule of Fees for Professional Services
Science and Environment Division, Natural Resources Area Prepared for TOML Office of Outdoor Recreation
Field Technician/Specialist $75
Field Technician/ Native American Monitor $130
Project Coordinator 105
Senior Project Coordinator 115
Production Specialist 140
Technical Editor 95
Senior Technical Editor 150
CADD/Drafting/GIS Consultant 115
Assistant Staff Consultant 90
Staff Consultant 1 95
Staff Consultant 2 105
Senior Staff Consultant 1 115
Senior Staff Consultant 2 130
Project Consultant 1 145
Project Consultant 2 155
Senior Project Consultant 1 165
Senior Project Consultant 2 185
Senior Consultant 1 200
Senior Consultant 2 225
Director 275
Effective through December 31, 2022
Expenses
Use of a personal vehicle will be at the current IRS allowable rate. Subconsultant fees and all other costs identifiable to an assignment will be charged at cost plus ten percent (10%).

Payment
Cardno invoices will be submitted monthly. Payment is due on or before the thirtieth (30th) day following the date of the invoice. Invoices paid more than thirty (30) days after the invoice date are subject to a finance charge of one percent (1%) per month.

Conditions
Cardno specifies that our services are performed, within the limits prescribed by our clients, with the usual thoroughness and competence of the environmental consulting profession. No other warranty or representation, either expressed or implied, is included or intended in our proposals, contracts, or reports.

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Figure 1 Proposed Trail Developments

TOWN OF MAMMOTH LAKES

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 2
nd day of November, 2022, by and
between the Town of Mammoth Lakes, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 437 Old Mammoth Rd., Suite R, Mammoth Lakes, California, 93546 (“Town”) and Cardno USA, Inc (STANTEC), an environmental services firm, with its principal place of business at 5496 Reno Corporate Drive, Reno, Nevada 89511 (“Consultant”). Town and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional environmental consulting services required by the Town on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional environmental consulting services to public clients, is licensed in the State of California, and is familiar with the plans of Town.

2.2 Project.

Town desires to engage Consultant to render such professional environmental consulting services for the Sherwins Area Trails (SHARP) project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from November 2nd, 2022 to November 2nd, 2024, unless earlier terminated as provided herein. The Town shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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2 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Town retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of Town and shall at all times be under Consultant's exclusive direction and control. Neither Town, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “A” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, Town shall respond to Consultant's submittals in a timely manner. Upon request of Town, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Town.

3.2.4 Substitution of Key Personnel. Consultant has represented to Town that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Town. In the event that Town and Consultant cannot agree as to the substitution of key personnel, Town shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the Town, or who are determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the Town. The key personnel for performance of this Agreement are as follows: Crystal West (Project Manager) & Peter Cary (Director/Principal Investigator).

3.2.5 Town's Representative. The Town hereby designates Lawson Reif, Outdoor Recreation Manager or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“Town's Representative”).

Town's Representative shall have the power to act on behalf of the Town for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The Town Manager shall

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3 be authorized to act on Town's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the Town Manager, Town's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Crystal West (Project Manager) & Peter Cary (Director/Principal Investigator)., or his/her designee, to act as its representative for the performance of this Agreement (“Consultant's Representative”).

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with Town staff in the performance of Services and shall be available to Town's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Town, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom.

Consultant shall defend, indemnify and hold Town, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with

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4 such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. If consultant does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy, including an endorsement or designation covering business use, for the Consultant's own vehicle stipulating “Automobile Liability Insurance with a limit of not less than $1,000,000 each accident”; or (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees). (C) Workers’ Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000 per claim and in the aggregate. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If

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5 coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the Town for approval.
(A) The policy or policies of insurance required by Section 3.2.10.2(A), Commercial General Liability, shall be endorsed to provide the following:
(1) Additional Insured: Consultant agrees to endorse the third party general liability coverage required herein to include as additional insureds Town, its officials, employees, agents, and volunteers, using standard ISO endorsement No. CG 2010 with an edition date of 2010 or similar form. This provision shall also apply to any excess/umbrella liability policies. Consultant also agrees to require all contractors, subcontractors, and anyone else involved in any way with the Project contemplated by this Agreement to do likewise. (B) The policy or policies of insurance required by Section 3.2.10.2(C), Workers' Compensation, shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the Town and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on

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6 forms approved by the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the Town. The Town shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement. In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

Contractor shall provide immediate written notice if: (i) any of the required insurance policies is terminated; (ii) the limits of any of the required policies are reduced; or (iii) the deductible or selfinsured retention is increased.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to the Town for review.

3.2.10.11 Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Consultant maintains higher limits than the minimums shown above, Town requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Town.

3.2.10.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the Town and approved of in

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7 writing.

3.2.10.13 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

3.2.10.14 Timely Notice of Claims. Consultant shall give the Town prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the Town’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority.

Consultant shall additionally comply with the lawful requirements of the Town, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will

Sherwins Area Trails Project (SHARP) – 11/2/2022
8 receive adequate training, as determined by the Town, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the Town, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the Town, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the Town, its officials, officers, agents, employees or authorized volunteers. (B) Defense: Town reserves the right to defend any enforcement action or civil action brought against the Town for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the Town for the costs associated with, any settlement reached between the Town and the relevant enforcement entity.
(C) Damages: Town may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred twenty thousand dollars [$120,000.00] without written approval of the Town Council or Town Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit monthly invoices, (unless project work takes less than 1 month in which case a final invoice can be submitted after completion of the project). Town shall pay all undisputed amounts within 30 days of the receipt of each invoice.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Town, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, Town may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Town to be necessary for the proper completion of the Project, but which the

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9 Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the Town.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “B” may be adjusted each year at the time of renewal as set forth in Exhibit “B.”

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Town during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. Town may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Town, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Sherwins Area Trails Project (SHARP) – 11/2/2022
10 Consultant: Cardno USA, Inc.

ATTN: Crystal West
5496 Reno Corporate Drive
Reno, Nevada 89511
Town: Town of Mammoth Lakes
PO Box 1609
437 Old Mammoth Road, Suite R
Mammoth Lakes, CA 93546
ATTN: Lawson Reif, Outdoor Recreation Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Town to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that Town is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Town.

Town shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Town's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Town, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Town's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Town.

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11 3.5.3.3 Confidential Information. The Town shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the Town's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the Town shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give Town written notice of Consultant's objection to the Town's release of Proprietary Information.

Consultant shall indemnify, defend and hold harmless the Town, and its officers, directors, employees, agents, and volunteers, from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. Town shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with Town's choice of legal counsel), and hold Town harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that Town release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

3.5.6.2 Additional Indemnity Obligations. Consultant shall defend, with counsel of Town’s choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against Town or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered

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12 against Town or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse Town for the cost of any settlement paid by Town or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Town's attorney's fees and costs, including expert witness fees. Consultant shall reimburse Town and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Town, its directors, officials officers, employees, agents, or volunteers.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Mono County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 Town's Right to Employ Other Consultants. Town reserves the right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the Town. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to Town include its elected officials, directors, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment

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13 of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Town's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of

Sherwins Area Trails Project (SHARP) – 11/2/2022
14 which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of Town. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

TOWN OF MAMMOTH LAKES Cardno USA, Inc.

By: By:

Daniel C. Holler Name:

Town Manager Title:

Attest:

By:

Name:

By: Title:

Jamie Gray
Town Clerk
Approved as to Form:

By:

Andrew Morris
Town Attorney

Sherwins Area Trails Project (SHARP) – 11/2/2022

EXHIBIT "A"

SCOPE OF SERVICES

SCOPE OF SERVICES IS CONTAINED IN THE ATTACHED REQUEST FOR

PROPOSAL AND OUTLINED BELOW

SCOPE OF WORK
Phase 1: Project Description, APE Development, and Field Preparation Task 1.1: Project Description, APE Development, and Field Preparation Project Description and APE Development
Cardno will assist TOML with the development of the Project description, planning and design for inclusion in the INF archaeological permit and survey strategy. Cardno may also assist TOML with Project planning with the INF.

Assumptions:
> Cost includes time for Cardno’s Senior Consultant and Archaeological Field Director to assist TOML with Project description, APE development, and survey strategy. > Cost includes a 1-hour meeting with the INF.

Field Preparation: Records Search
Archaeological studies and site records on file at the INF and the California Historical Resources Information System (CHRIS) and other pertinent sources of information (e.g., mineral and land ownership records, historical maps, and local museum collections) will be consulted prior to starting fieldwork. In addition to the record search, Cardno will submit a Sacred Lands File request to the Native American Heritage Commission. Previous survey work will be critically reviewed to determine whether reliable coverage is provided for any portion of the APE. The Cardno team will consider survey age, methodology, changes in field conditions, thoroughness of documentation, and/or other indications of reliability. The study area for the record search will be within 0.5 mile of the Project APE.

Assumptions:
> GIS shapefiles of the Project APE will be provided to Cardno for its records search > Cardno will conduct one site visit to the INF Supervisor’s Office in Bishop, California, to conduct the records search.
> Cardno will request a Sacred Lands File search from the Native American Heritage Commission. > Cost includes fees associated with digital record search request at the CHRIS, Eastern Information Center (EIC), University of California—Riverside, California. > Cardno will remain in close communication with TOML staff and the Forest HPM (or delegate) to review and finalize Project work site data and the APE prior to initiating surveys. > Prior to starting fieldwork, Cardno will consult with the Forest HPM regarding recommendations for areas exempted from new surveys.
> The INF will conduct Tribal consultation regarding the Project and communicate to Cardno any Tribal Resources that may need to be considered during fieldwork.

Field Preparation: Archaeological Survey Permit
The Cardno team will obtain an archaeological study permit from the INF prior to starting work.

Cardno will notify the TOML and the INF (1) about dates of fieldwork; (2) about any changes to schedule and reasons for any changes in fieldwork activities (e.g., inclement weather); and (3) upon completion of the field activities.

Assumptions:
> The INF will provide the Cardno team with an archaeological study permit prior to the fieldwork.

Phase 2: Cultural Resources Survey
Task 2.1: Cultural Resources Survey
Field Survey

Sherwins Area Trails Project (SHARP) – 11/2/2022

The Cardno field team consisting of an SOI-Qualified Archaeological Field Director and five archaeological field staff will systematically survey the approximately 1,000 acres of the APE. It is assumed that 25 percent of the total 1,350 acres of the APE have been adequately surveyed and will not need to be resurveyed. Surface intensive coverage of the APE will be performed using parallel adjacent pedestrian transects spaced no more than 15 to 20 meters apart within the practical limits of safety, topography, vegetation, water, or other constraints. Transects do not need to be straight lines but should meander opportunistically to take advantage of soil exposures and topographic probabilities to facilitate the examination of suspected cultural resources. Survey of unnavigable steep terrain (>30 degree slopes) will emphasize pedestrian and/or visual examination of likely or suspected site locations as practical (e.g., rock shelters, quarries, game drives, hunting blinds, mining adits, trails, roads, and logging features).

Proposed adaptations to the survey strategy will be discussed with the Forest HPM prior to their implementation. The cultural resources inventory report will accurately depict and describe precise methodologies employed, including reasons for not surveying areas in the APE (e.g., impenetrable brush, wetlands, and cliffs).

Field Site Recordation
All previously documented NRHP-eligible and unevaluated cultural resource sites in and adjacent to the APE not visited in the past 10 years will be inspected and updated according to the following provisions and per the INF archaeological study permit:
> Inspected sites will be completely examined, with at least broad-scale observations made for portions of the site extending beyond the survey area, unless otherwise negotiated with the Forest HPM (or delegate).
> If existing site records meet current documentation standards, and no appreciable changes or significant new information is found, then a concise site update containing only pertinent information to supplement the existing record will be needed (e.g., information about current condition, additional diagnostic artifacts or features located, current photographs, information related to the assessment of effect or protection recommendations, adjusted shapefiles, and additional sketches or maps). If these conditions are not met, comprehensive site documentation will occur. > A Global Positioning System (GPS) unit (Trimble) with sub-meter accuracy (Datum NAD 83, UTM Zone 11) will be used to record resources. Other types of handheld GPS units or iPAD devices may be used to record transect data.
> All artifacts will be documented in the field, not collected. > No archaeological testing will occur.
> Cultural resources recorded or updated within the past 10 years will be inspected only if current documentation does not meet standards, new information or data are found, or information for assessing effects of the current undertaking is lacking.
> Sites previously determined to be ineligible for listing in the NRHP will be examined and updated only if reconsideration of previous determinations is required based on new information or changed conditions. > All newly identified sites, including portions outside the APE, will be completely documented. In the case of historic roads or trails, documentation will extend at least to the nearest intersection with a paved road, an intersection with another road or trail, or the National Forest boundary. > Alternative documentation methods may be negotiated with the Forest HPM for sites that extend over 100 meters beyond the APE.

Assumptions:
> Fieldwork will consist of a 10-day fieldwork rotation and 8-hour workdays to survey approximately 1,000 acres.
> Cost includes a half day of travel time (4 hours) on either end of the 10-day fieldwork rotation. > Crew will consist of six (n=6) people total: one Cardno Bishop Archaeological Field Director, two Cardno archaeological staff, and three ASM archaeological staff. > Cost includes recordation of 10 new archaeological resources and 10 site record updates. > Cost includes Mammoth Lakes’ General Services Administration (GSA) meals per diem of $70 per day per person for five non-local staff.

Sherwins Area Trails Project (SHARP) – 11/2/2022

> Cost includes Mammoth Lakes GSA lodging per diem of $138 per night person for five non-local staff. > Cost includes rental cost of $75 per day for the GPS unit (Trimble) with sub-meter accuracy. > Cost includes rental cost of $25 per day for ASM’s GPS unit. > Cost includes mileage from Cardno’s Bishop Office to the Project (10 roundtrips) and travel time for Cardno’s Archaeological Bishop Field Director.
> Cost includes mileage from Cardno’s Bishop Office to the Project (2 roundtrips) and travel time for ASM’s Principal Investigator.
> Cardno will notify the TOML and the INF via email when the surveys have been completed.

Phase 3: Cultural Resources Reporting
Task 3.1: Site Records and Cultural Resources Report
Site Records
All newly identified resources and existing resources will be recorded according to the INF cultural resources definitions and warranting updated documentation on the appropriate California Department of Parks and Recreation Series 523 forms. All updates will include a new primary record and/or archaeological site record unless the existing site record has a current and accurate primary record in which case a continuation sheet will be sufficient. Location maps will be updated with current GPS locational data, unless the previous record’s location map is accurate, on the most current topographic map at a 1:24,000 scale. Any impacts from recreation use or other disturbances will be documented in the site record and on site maps. Photographs will be included in the new and updated records for each site.

Cultural Resources Inventory Report
The cultural resource inventory report will meet National Forest (Forest Service Manual 2363.16) and the California Office of Historic Preservation’s Archaeological Resource Management Report Recommended Contents and Format (1990). It will include background research, historic contexts, oral histories, survey design, field methods, cultural resource findings, NRHP-eligibility recommendations, Project effect recommendations, maps, site forms, photographs, and collection logs as applicable. > A preliminary fieldwork summary will be submitted to the TOML and the INF within 1 week of completing a fieldwork tour.
> A draft cultural resources report will be submitted to the Forest HPM using a secure file sharing system to protect confidential cultural resources information for a 30-day review period. > The report will be submitted in accordance with provisions of the archaeological study permit. > Forest report and site numbers will be assigned by the Forest HPM during the draft review and this information will be included in the final report.
> The Forest HPM will provide one round of consolidated review comments on the draft report. > The final submitted package will include an unbound original color copy of the report, electronic files (Microsoft Word and Adobe PDF), applicable shapefiles (e.g., APE, survey area, and cultural resource locations), digital photographs and photo logs, and other logs (as applicable).

Confidentiality of Information
The Cardno team will ensure the confidentiality of legally protected site location information on public lands pursuant to the NHPA, Archeological Resources Protection Act, and other statutes. No legally protected information will be held or shared (1) with any third party not identified as a qualified professional in the archaeological study permit, (2) with external Project proponent, (3) with contract administrator, or (4) without express consent of the Forest HPM.

Assumptions:
> Cardno will provide general NRHP-eligibility recommendations in the report and site records based on back-ground research and surface surveys. This work will not include extensive NRHP-eligibility research, context development, or subsurface testing.
> Cardno will submit the final report and site records to the EIC on behalf of the INF.

Deliverables/ Schedule

Sherwins Area Trails Project (SHARP) – 11/2/2022

The following table presents the deliverables and schedule for the proposed Project.

Deliverable Schedule Recipient
Submit fieldwork summary 1 week after completion of fieldwork TOML and Forest HPM Submit draft report and draft site
records
45 days after completion of
fieldwork
Forest HPM
Submit final report and site records 30 days after receiving INF comments
Forest HPM and EIC

Sherwins Area Trails Project (SHARP) – 11/2/2022

EXHIBIT "B"

COMPENSATION
2022 Schedule of Fees for Professional Services Science and Environment Division, Natural Resources Area
Prepared for TOML Office of Outdoor Recreation
Field Technician/Specialist $75
Field Technician/ Native American Monitor $130
Project Coordinator 105
Senior Project Coordinator 115
Production Specialist 140
Technical Editor 95
Senior Technical Editor 150
CADD/Drafting/GIS Consultant 115
Assistant Staff Consultant 90
Staff Consultant 1 95
Staff Consultant 2 105
Senior Staff Consultant 1 115
Senior Staff Consultant 2 130
Project Consultant 1 145
Project Consultant 2 155
Senior Project Consultant 1 165
Senior Project Consultant 2 185
Senior Consultant 1 200
Senior Consultant 2 225
Director 275
Effective through December 31, 2022
Expenses
Use of a personal vehicle will be at the current IRS allowable rate. Subconsultant fees and all other costs identifiable to an assignment will be charged at cost plus ten percent (10%).

Payment
Cardno invoices will be submitted monthly. Payment is due on or before the thirtieth (30th) day following the date of the invoice. Invoices paid more than thirty (30) days after the invoice date are subject to a finance charge of one percent (1%) per month.

Conditions
Cardno specifies that our services are performed, within the limits prescribed by our clients, with the usual thoroughness and competence of the environmental consulting profession. No other warranty or representation, either expressed or implied, is included or intended in our proposals, contracts, or reports.

Sherwins Area Trails Project (SHARP) – 11/2/2022

EXHIBIT “B”

COMPENSATION

United States Department of Agriculture
Forest Service
Sherwins Area Trails
Mammoth Ranger District, Inyo National Forest, Mono County, California July 2021
Mammoth Rock Trail Connector Photo: Mammoth Lakes Trail System

Sherwins Area Trails:

Proposal Date: 7-July-21
Proponent Name: Town of Mammoth Lakes
Line Officer: Gordon Martin
County: Mono
Anticipated Implementation: Summers- 2022, 2023, 2024
General Location: Sherwins Meadow Area
Background, Purpose & Need:

Recreation use in the Sherwins area has traditionally been high and complex; the area is currently enjoyed yearround by individuals in pursuit of quiet and reflective natural experiences, backcountry skiers and snowboarders, world-class athletes in training, those seeking motorized play, and others. No formal trailheads or facilities exist at this time and as a result, the non-system trail facilities receive no maintenance. The Sherwins area remains popular with residents and guests alike. This proposed action intends to provide a level of service that residents and visitors can be proud of, enhancing several existing facilities and building new trail facilities to better accommodate the level of use. This proposed action includes new trail construction, reconstruction of user created trails, and decommissioning of user created trails.

The Town of Mammoth Lakes Trail System Master Plan, Sherwins Area Recreation Plan, and subsequent Programmatic Environmental Impact Report support this proposed action with concepts for trail facility development. Projects included in this proposed action are derived from these existing documents and years of public outreach and participation. These remaining concepts from the Sherwins Area Recreation Plan have been refined over time by staff and volunteers with some of the preliminary resource work completed.

Implementation:

Implementation of system trail projects includes:

1. 7 Miles of new multi-use, non-motorized soft surface trail construction 18 in. tread.

2. 1 Mile of new multi-use, non-motorized permeable surface trail construction 60 in. tread.

3. 11 Miles of reconstructed user created multi-use, non-motorized soft surface trail construction 18 in. tread.

4. 11 Miles of decommission of user created trails.

5. Prescribed/approved regulatory and wayfinding signage providing information such as locations of system trails, allowable uses, and trail etiquette.

Converting non-system trails to system trails involves bringing these sections of trail up to Forest Service multiuse trail (hike, bike, and horse) design standards which includes Best Management Practices and providing regular maintenance. The Town of Mammoth Lakes and Inyo National Forest have formal agreements with a seasonal trail maintenance program in place.

Environmental/Heritage:

All necessary surveys and reports will be provided as part of the environmental review. Previous environmental survey work exists for the project area.

Attachment A:

Proposed Action Map

Attachment B:

Existing User Created Trails in the Sherwin Area

1 TOWN COUNCIL STAFF REPORT
Title: Consider the ordinance amending Chapters 3.12 (Transient Occupancy Tax) and 5.40 (Transient Rentals of Residential Units) updating Citation Limits for Health and Safety Violations.

Meeting Date: November 2, 2022
Prepared by: Rob Patterson – Administrative Services / Finance Director RECOMMENDATION:

Waive the reading and introduce by title only the ordinance amending Chapter 3.12.280 and 5.40.070 of the Town of Mammoth Lakes Municipal Code related to violation of Transient Occupancy Tax Code and Business Taxes, Licenses, and Regulation as outlined in Attachment A.

BACKGROUND:

The Town of Mammoth Lakes operates an aggressive transient occupancy tax (TOT) enforcement program. The mechanisms available to enforce the program include advertisement data mining, business and property certification, TOT assessments, penalties, interest, administrative citations, tax fraud, enforcement charges, and liens on real property. The program is led by the Town of Mammoth Lakes Tax Collector.

Municipal Code (M.C.) Sections 3.12, 5.40, and 8.32 authorize the use of the enforcement mechanisms and these sections of the Municipal Code are aligned with limits afforded within California Government Code Section 36900 – violation limits for city ordinances.

These governing limits were updated in 2021 to enhance enforcement of Short Term Rental Ordinances through the ability to impose higher fines for violations. The Town wishes to update the Municipal Code to incorporate these new limits.

ANALYSIS:

There are a number of updates that are incorporated in these changes. In all cases, the Town has elected to update the Municipal Code to the maximum penalties allowed by law.

However, the intent of these adjustments is to set the upper limit of what is possible. In practice, Town staff will continue with standard practice for initial limits and only enhance for second offenses within the specified timeframe allowed by law.

2 Summary of Updates

1. Connecting Chapters 3.12 and 5.40 as the Town’s “Short-term rental ordinance” such that a violation of either chapter is a violation of the same ordinance within the meaning of Section 36900.

2. Establishing the fact that violations of Chapter 3.12 of the code “pose a threat to public health and safety” within the meaning of Government Code Section 36900(d)(4).

3. Establishing the fact that violations of Chapter 5.40 of the code “pose a threat to public health and safety” within the meaning of Government Code Section 36900(d)(4).

4. Increase maximum fine amount to one thousand five hundred dollars ($1,500) for first violation.

5. Increase maximum fine amount to three thousand dollars ($3,000) for the second violation within one year.

6. Set a maximum fine of five thousand dollars ($5,000) for each additional violation within one year of the first violation.

7. Defining a process for granting hardship waiver under certain circumstances when the full amount of the fine would impose an undue financial burden on the responsible party.

These elements have been incorporated in the attached ordinance updates as outlined in Exhibit A.

The following sections outline the enforcement process to be implemented with the new ordinance. The narrative covers details of both zoning and revenue violations.

Zoning Violation
A zoning violation occurs when a property is being used to conduct transient rentals in a zone that does not allow for the activity. These properties cannot be rented on a transient basis legally. An initial administrative citation is issued for $1,500 and allows 15 days for the operator to achieve compliance. The initial administrative citation is sent both first class and certified mail as well as posted on the property. If the owner/operator responds and cooperates, reaching compliance within the 15-day window, the citation is rescinded. In order to reach compliance, the operator must supply the Finance Department with rental records from all rental platforms as well as any additional documentation including, but not limited to, bank statements, electronic commerce company or payment transfer application. Upon receiving the rental revenue statements a Notice of Determination (NOD) is conducted and sent both first class and certified mail as well as emailed to the owner/operator. The NOD allows for a 15-day response time to pay the full amount due or appeal the balance. If paid in full within 15 days, the zoning enforcement case is closed, and the property is continually monitored for illegal transient rental activity moving forward. When an owner/operator chooses to appeal an NOD, a hearing is set and the

3 aggrieved has an opportunity to deliver the reason for their dispute of the total due to the Town Council. The decision of the Town Council is final, and the amount owed is due immediately.

If an owner/operator is found to be in violation of a second violation within a 1-year period.

The administrative citation amount increases from $1,500 to $3,000. This includes an owner/operator failing to respond to the initial administrative citation within the 15-day period from the date of issuance. A third or subsequent violation of the Town zoning code within a 1-year period will result in an administrative citation of $5,000 for each and every day until the violation is corrected. When an owner/operator fails to respond and rectify the violation an assessment is conducted of assumed TOT. The assumption is based on the advertised nightly rate and the average number of nights rented for legally renting units.

The assessment is sent first class and certified mail as well as posted on the property. The owner/operator has 15-days to respond to the assessment before the amount becomes due and payable. If the owner/operator does not respond to the assessment, all appeal rights are forfeited. As soon as 10-days after the intent to lien is sent first class and certified mail the Town can file the judgement against the property.

Revenue Violation
A revenue violation occurs when a property is being used to conduct transient rentals in a zone that does allow for the activity and the owner/operator has not secured the certificates to legally rent the property in advance. The enforcement process for a revenue violation mirrors the process of a zoning violation except the owner/operator can apply for the certificates if they choose. An initial administrative citation is issued for $1,500 and allows 15 days for the operator to achieve compliance. The initial administrative citation is sent both first class and certified mail as well as posted on the property. If the owner/operator responds and cooperates, reaching compliance within the 15-day window, the citation is rescinded. In order to reach compliance, the operator must supply the Finance Department with rental records from all rental platforms as well as any additional documentation including, but not limited to, bank statements, electronic commerce company or payment transfer application. Upon receiving the rental revenue statements a Notice of Determination (NOD) is conducted and sent both first class and certified mail as well as emailed to the owner/operator. The NOD allows for a 15-day response time to pay the full amount due or appeal the balance. If paid in full within 15 days, the revenue enforcement case is closed, and the property is continually monitored for illegal transient rental activity moving forward. When an owner/operator chooses to appeal an NOD, a hearing is set and the aggrieved has an opportunity to deliver the reason for their dispute of the total due to the Town Council. The decision of the Town Council is final, and the amount owed is due immediately.

If an owner/operator is found to be in violation of a second violation within a 1-year period.

The administrative citation amount increases from $1,500 to $3,000. This includes an owner/operator failing to respond to the initial administrative citation within the 15-day period from the date of issuance. A third or subsequent violation of the Town zoning code within a 1-year period will result in an administrative citation of $5,000 for each and every day until the violation is corrected. Administrative citations can be appealed by the

4 owner/operator by written request, including the reason for the appeal, to an administrative citation hearing officer. Before the appeal hearing can be held the owner/operator must make a deposit for the full amount of the citations or submit an advance deposit hardship waiver.

When an owner/operator fails to respond and rectify the violation an assessment is conducted of assumed TOT. The assumption is based on the advertised nightly rate and the average number of nights rented for legally renting units. The assessment is sent first class and certified mail as well as posted on the property. The owner/operator has 15-days to respond to the assessment before the amount becomes due and payable. If the owner/operator does not respond to the assessment all appeal rights are forfeited. As soon as 10-days after the intent to lien is sent first class and certified mail the Town can file the judgement against the property.

The Town has had great success with enforcement efforts for Short-Term Rentals conducted within the Town of Mammoth Lakes. This focus is to level the playing field for operators that follow the rules when conducting this type of business. These additional tools along with the new Certified Property initiative will help to minimize the impact on quality of life for residents of the Town and business community.

ORDINANCE NO. 22-XX

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTERS 3.12 (TRANSIENT OCCUPANCY TAX) AND 5.40 (TRANSIENT

RENTALS OF RESIDENTIAL UNITS)
WHEREAS, the Town of Mammoth Lakes, California (“Town”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the Mammoth Lakes Municipal Code (“Code”) authorizes the operation of “transient occupancy facility[ies]”, allowing for rentals of premises for periods of 30 consecutive days or less, and imposes a tax on such transient occupancies; and WHEREAS, the Code establishes fines for violations of Chapters 3.12 and 5.40, which pertain to transient occupancy taxes and operating requirements for transient occupancy facilities, respectively; and
WHEREAS, in 2021 California law was amended through the adoption of Senate Bill 60, which amended California Government Code Section 36900 to increase the permissible fine amounts for any violation of a “short-term rental ordinance” which is an infraction, to a maximum of $1,500 for a first violation, $3,000 for a second violation of an ordinance within one year, and $5,000 for each violation of the same ordinance within one year of the first violation; and WHEREAS, Chapters 3.12 and 5.40 jointly and collectively comprise the Town’s “shortterm rental ordinance” within the meaning of Section 36900, such that a violation of either chapter is a violation of the same ordinance; and
WHEREAS, the Town derives the majority of its revenue from the transient occupancy tax imposed by Chapter 3.12 of the Code, such that collection of all transient occupancy tax owed to the Town is vital in order to ensure that the Town can consider providing law enforcement, code enforcement, parks and recreation, and other services and facilities necessary to protect the public health and safety; and
WHEREAS, the purpose of Chapter 5.40 of the Code is stated in Section 5.40.010 as ensuring that “transient rental use does not create adverse impacts to neighboring properties due to excessive traffic, noise, trash, and similar issues [and] to ensure that the number of occupants within such rental units does not exceed the design capacity of the structure or cause health and safety concerns and that minimum health and safety standards are maintained in such units to protect the visitor from unsafe or unsanitary conditions”; and WHEREAS, the Town Council finds that all violations of Chapter 5.40 of the Code “pose a threat to public health and safety” within the meaning of Government Code Section 36900(d)(4); and

Ordinance No. 22-

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

Section 1: Municipal Code Section 3.12.280, Violation - Penalty, and Municipal Code Section 5.40.070, Violations, are hereby amended and restated to read as set forth in Exhibit A attached hereto and incorporated herein.

Section 2: POSTING
The Town Clerk shall, within fifteen (15) days after the passage of this Ordinance, cause it to be posted at the duly designated posting places established by resolution of the Town Council, published once in a newspaper of general circulation, and entered in the Book of Ordinances of the Town.

Section 3: SEVERABILITY
If any provision of this Ordinance of the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Ordinance are declared to be severable.

The foregoing Ordinance was PASSED, APPROVED, AND ADOPTED on the 16th day of November 2022.
_________________________________
LYNDA SALCIDO, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk

Ordinance No. 22-

EXHIBIT A

3.12.280 - Violation—Penalty.

A. Any person, including any transient, who violates any of the provisions of this chapter shall be guilty of an infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, and may be punished accordingly. The foregoing notwithstanding, in the discretion of the district attorney or the town attorney, upon a showing of gravity of offense, any violation of any provision of this chapter may be prosecuted as a misdemeanor.

B. Other than delinquent tax remittal addressed in Sections 3.12.080 through 3.12.120, any person, including any transient, who violates any provision of this chapter may be subject to administrative fines as set forth in Chapter 8.32, provided that such violations shall be subject to a fine not exceeding one thousand five hundred dollars ($1,500) for a first violation, a fine not exceeding three thousand dollars ($3,000) for a second violation of this chapter or Chapter 5.40 within one year, and a fine not exceeding five thousand dollars ($5,000) for each additional violation of this chapter or Chapter 5.40 within one year of the first violation. Any violation of any provision of this chapter which occurs on more than one day shall constitute a separate violation for each day or portion thereof during which such violation occurs.

C. Notwithstanding subsection B of this section, the $1,500, $3,000, and $5,000 fines set forth therein shall not apply to: (i) a first time offense of failing to obtain a transient occupancy registration certificate or business tax certificate or pay a fee for either of those certificates; or (ii) violations committed in connection with the transient rental of a commercially operated hotel, motel, bed and breakfast inn, time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code, lodge, inn, camping site, space where camping or remaining overnight on a transient basis is permitted at a campground or recreational vehicle park, or the rental of anything that is not a “transient occupancy facility” as defined in Section 3.12.020.

D. Town staff shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

E. 1. Notwithstanding subsection A of this section, any operator or other person who fails or refuses to register as required in this chapter, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax collector, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor.

Ordinance No. 22-

2. Any person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due as required by this chapter to be made is guilty of a misdemeanor.

F. Any transient occupancy facility operated without an approved transient registration certificate or without collecting and paying transient occupancy taxes to the town as required in this chapter is a public nuisance and may be abated as provided for in Chapter

8.20. 5.40.070 - Violations.

A. A violation of any provision of this chapter, and/or the renting of any property in a zoning district that does not allow for such transient rental, or without proper land use approvals, is subject to the general penalty provisions and/or the administrative citation provisions set forth in Chapter 1.12 and Chapter 8.32 of the Municipal Code, respectively, and any other civil or administrative remedy allowed by law, provided that such violations shall be subject to a fine not exceeding one thousand five hundred dollars ($1,500) for a first violation, a fine not exceeding three thousand dollars ($3,000) for a second violation of this chapter or Chapter 3.12 within one year, and a fine not exceeding five thousand dollars ($5,000) for each additional violation of this chapter or Chapter 3.12 within one year of the first violation.

B. Notwithstanding Chapter 1.12 and subsection A of this section, the administrative fine for the operation of any transient occupancy facility without a valid business tax certificate shall be five hundred dollars for the first violation.

C. Notwithstanding subsection A of this section, the $1,500, $3,000, and $5,000 fines set forth therein shall not apply to: (i) a first time offense of failing to obtain a transient occupancy registration certificate or business tax certificate or pay a fee for either of those certificates; or (ii) violations committed in connection with the transient rental of a commercially operated hotel, motel, bed and breakfast inn, time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code, lodge, inn, camping site, space where camping or remaining overnight on a transient basis is permitted at a campground or recreational vehicle park, or the rental of anything that is not a “transient occupancy facility” as defined in Section 3.12.020.

D. Town staff shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

Ordinance No. 22-

E. Non-compliance by an operator of the requirements for registration and operation of transient rental units may result in the revocation of the business tax certificate authorizing the use, and no new business tax certificate may be issued to the same licensee for operation of a transient occupancy facility for a period of twelve months following such revocation.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve eight-month Lease Extension with Mammoth Unified School District and Mono County Office of Education and lease payments of $33,600 for the Mammoth Ice Rink Site.

Council Meeting Date: 11/2/2022
Prepared by: Daniel C. Holler, Town Manager
Stuart Brown, Parks and Recreation Director
Recommended Motion: Approve and authorize the Town Manager to execute the proposed eight-month Lease Extension with Mammoth Unified School District and Mono County Office of Education and lease payments of $33,600 for the Mammoth Ice Rink Site Summary:

The Town submitted a request for approval of an 8-month extension of the current amended lease agreement for the Mammoth Ice Rink Site for consideration by the Mammoth Unified School District (MUSD) Board of Trustees at their October 27 Board of Trustees meeting. A copy of the request was also provided to the Mono County Office of Education. A report on the action taken by the Board of Trustees will be provided to Town Council.

The Town is requesting that the second amended lease (attached) be extended for eight months to accommodate the proposed 2022/23 ice-related activities. The Town is proposing to pay a prorated lease amount of $33,600 or $4,200 per month from July 1, 2022 through February 28, 2023. All the other requirements under the lease would continue to be met such as site maintenance, snow removal, student discounts, and dedicated time for school uses. This process provides the Town, District, and Mono County Office of Education (MCOE) additional time to consider a new lease for this site based on changes in proposed use by the Town to non-winter months and non-feebased recreational uses.

The Town greatly values the long-term relationship with the District to provide a variety of amenities and activities to benefit our students, community, and visitors. The current Mammoth Ice Rink Site has welcomed over 80,000 people this past decade and has served as the hub for Parks and Recreation summer camps and programs. The continued use of the site to provide community-centric and valued recreational activities builds on the current partnership and allows for extended public benefits until such time that the District determines the best use of the site.

The Request and Lease Extension and Fee Agreement for the Mammoth Ice Rink Site as submitted to the Mammoth Unified School District Board of Trustees is attached.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Amendment to Lease Agreement between the Town and the Mammoth Lakes Foundation related to property uses located at 100 College Parkway, Mammoth Lakes, CA 93546.

Council Meeting Date: 11/2/2022
Prepared by: Daniel C. Holler, Town Manager
Andrew Morris, Town Attorney
Recommended Motion: Approve the amended lease agreement between the Town and Mammoth Lakes Foundation, subject to final legal review and authorize the Town Manager to sign.

Summary:

The Town entered into a land use planning agreement with Mammoth Lakes Foundation (MLF) and a lease agreement for the operation of the Edison Theatre. The land use plan incorporated uses on two parcels including an expanded Performing Arts Auditorium and support space, a childcare facility, defined space for an outdoor amphitheater, a dog park, a new parking lot, and on a separate parcel a potential snow storage area.

Edison Hall (includes the Theatre) is located at 100 College Parkway, Mammoth Lakes, CA 93546 on approximately 7.94 acres. The current lease addresses the use and management of the Edison Hall, with a focus on the Theatre. Execution of the lease allowed the Town, working with MLF and users, to re-open the Theatre. The Town has completed basic maintenance on the existing parking lot, installed outside lighting, and provided support for productions within the Theatre.

The amendment of the lease continues the management and defined uses and support of Edison Hall (Theatre operations) and addresses other land uses.

The land use planning agreement anticipated additional agreements between the Town and MLF to address other planned uses. The proposed amendment address those uses on the 7.94 acres associated with Edison Hall. This includes the previously proposed uses including the planned childcare facility, amphitheater, dog park and parking, and associated improvements. The Town has engaged an environmental planning firm to conduct required CEQA review for such uses. The planned use of a separate parcel for snow storage is currently on hold.

The amended lease is the next step in working with MLF to pursue defined mutually beneficial land uses to the Town, MLF, and the community. Additional operating plans and/or additional lease agreements will be required through the implementation of the planned uses. The term of the lease extended through June 30, 2027 and will be updated as specific projects proceed.

AMENDMENT TO

LEASE AGREEMENT BETWEEN

THE TOWN OF MAMMOTH LAKES AND

MAMMOTH LAKES FOUNDATION
PARTIES: The Town of Mammoth Lakes (“Town”) and Mammoth Lakes Foundation (“MLF”) (collectively, the “Parties”) hereby agree to enter into this First Amendment (“First Amendment”) to the agreement between the Parties dated July 1, 2022 and entitled “Town of Mammoth Lakes Lease Agreement with Mammoth Lakes Foundation for Property and Building Located at 100 College Parkway” (“Agreement”) as set forth below. This First Amendment shall be effective as of November 1, 2022 (the “Effective Date”).

AMENDMENTS: The Agreement is hereby amended in the following respects:

Section 2.1 of the Agreement is hereby amended to read as follows:

2.1 Rent Payments. The Town shall pay to MLF, as rent, the sum of two thousand two hundred fifty dollars ($2,250) per month (the “Base Rent Payment”). The first rent payment shall be due and payable on the Commencement Date. Subsequent rent payments shall be due and payable on the 10th day of each calendar month throughout the term of the Lease. Beginning on July 1, 2023, the Base Rent Payment shall increase by three percent (3%) per year. In the event that the Town constructs a childcare center on the Property pursuant to Section 4.7 and the operator of the childcare facility is not a government entity, the Town and MLF shall meet and confer regarding an increase to the Base Rent Payment. It is the intent of the Town and MLF that a private childcare operator pay some amount of rent for the use of the Property to the extent it is financially viable for the operator to do so.

A new Section 4.7 is hereby added to the Agreement, to read as follows:

4.7 Permitted Uses of the Property. The Town may use the portions of the Property which are not occupied by Edison Hall, and not depicted in Exhibit B as part of the future MACC site. The Town shall not be obligated to construct any such improvements, and may phase the construction of improvements in its sole discretion. Permitted uses of the non-Edison Hall and non-MACC portions of the Property are as follows:
i. The Town may construct and operate a dog park on the portion of the Property identified as a dog park site in Exhibit “D”, attached hereto and incorporated herein by reference. The dog park may include amenities such as fencing, water, shade structures, seating, and storage. Notwithstanding the foregoing, in the event that MLF wishes to construct housing on the portion of the Property occupied by the dog park, MLF may require the Town to partially or entirely cease this use upon 120 days’ written notice.

ii. The Town may construct and operate a parking lot on the portion of the Property identified as a parking lot site in Exhibit D. For avoidance of doubt, this is the eastern portion of the Property, not the existing parking lot adjacent to Edison Hall. The parking lot may be used for any and all uses or facilities on the Property, as well as to provide public parking for users of the Town’s Multi-Use Path System.
iii. The Town may bring portable structures to the Property and install them on the Property in the locations generally identified in Exhibit D as being the site for a childcare center. The Town may permit the Mono County Office of Education or another childcare provider to operate a childcare facility based in the portable structures and on adjacent portions of the Property depicted in Exhibit D as being part of the childcare center footprint. iv. With the further written consent of MLF, the Town may construct and operate an outdoor amphitheater on the portion of the Property generally identified in Exhibit D as being the site for an amphitheater. It is intent of the Town and MLF that they would work together to plan the amphitheater in the event that the Town wishes to proceed with an amphitheater.

A new Section 4.8 is hereby added to the Agreement, to read as follows:

4.8 Environmental Review and Compliance with Applicable Law. The Town shall conduct environmental review of any activities it undertakes pursuant to Section 4.7, including without limitation construction and operation of facilities, to the extent required by the California Environmental Quality Act (“CEQA”). The Town shall provide MLF with copies of all environmental documents regarding the Property prepared in compliance with CEQA. The Town shall comply with applicable laws in constructing improvements pursuant to Section 4.7.

A new Section 4.9 is hereby added to the Agreement, to read as follows:

4.9 Construction Plans and Operating Plans. Prior to commencing construction of any improvement pursuant to Section 4.7, the Town shall provide MLF with conceptual site plans and designs for such improvement. To the extent that the Town develops operating plans for constructed improvements, the Town shall provide MLF with copies of such plans.

A new Section 4.10 is hereby added to the Agreement, to read as follows:

4.10 Utility Services and Snow Removal. The Town shall be solely responsible for arranging for and paying for utility service and snow removal service to be provided to any improvements constructed pursuant to Section 4.7. Nothing herein shall affect MLF’s responsibilities regarding Edison Hall utility service pursuant to Section 4.5.

A new Exhibit “D” is hereby added to the Agreement, in the form attached hereto and incorporated herein by reference.

INCORPORATION OF FIRST AMENDMENT. From and after the Effective Date of this First Amendment, wherever the term “Agreement” appears in the Agreement, it shall be read and understood to mean the Agreement as amended by this First Amendment. Except as modified by this First Amendment, the Agreement remains binding on the Parties according to its terms.

COUNTERPARTS. This First Amendment may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one fully executed First Amendment.

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the Effective Date.

TOWN OF MAMMOTH LAKES MAMMOTH LAKES FOUNDATION
By: _________________________ By: ________________________________ Daniel C. Holler
Town Manager Printed Name: ___________________________
Title: ________________________________
Attest: _________________________
Jamie Gray
Town Clerk
By: ________________________________
Printed Name: __________________________
Title: ________________________________

EXHIBIT D

CONCEPTUAL DEVELOPMENT PLAN

1 Clerk
From: Jo Bacon <[email protected]>
Sent: Sunday, October 30, 2022 2:25 PM
To: Clerk
Cc: Dan Holler
Subject: Comment on 11/2/22 Town Council Agenda Item 7.3 [EXTERNAL EMAIL]
Councilmembers:

I applaud the efforts to plan for this land, which has been underutilized for many years.

However, from reading the agenda bill and the attached agreement, I find no mention of any participants in the planning other than the Town and the Mammoth Lakes Foundation.

The Conceptual Development Plan (Exhibit D) is significantly different from the South Gateway Partners plan which the community vetted a little over ten years ago. There are new uses that were not even considered at that time, and no mention of that group or that previous plan anywhere in this agenda item.

Town Commissioners, stakeholders, and the community were intimately involved in that planning activity and should be included in any changes to that plan.

Please direct staff to re-convene that group and/or revise its membership to include the pertinent stakeholders early in any planning efforts.

Jo Bacon
Mammoth Lakes
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1 TOWN COUNCIL STAFF REPORT
Title: Accept the California Public Utilities Commission Local Agency Technical Assistance $500,000 Grant Award and Authorize the Town Manager to complete all required documents and agreements for the CPUC and GSCA to proceed with the grant.

Meeting Date: November 2, 2022
Prepared by: Daniel C. Holler, Town Manager
RECOMMENDATION:

Accept the California Public Utilities Commission Local Agency Technical Assistance $500,000 Grant Award and Authorize the Town Manager to complete all required documents and agreements for the CPUC and GSCA to proceed with the grant.

BACKGROUND:

Town Council authorized the application of California Public Utilities Commission (CPUC) Local Agency Technical Assistance Grant in the amount of $500,000 on July 6, 2022. The grant was received on August 31, 2022 by the CPUC. The attached Grant Award Letter to the Town was Received on October 17, 2022. The grant application was prepared in coordination with Rural County Representatives of California (RCRC) and their Joint Powers Authority known as the Golden State Connect Authority (GSCA) and with Mono and Inyo Counites. The Award letter requires the Town to consent to the grant award, which binds the Town to terms of the Grant (copy attached). The Town will also need to enter into an agreement with GSCA who will facilitate the grant project work (copy attached). A kickoff meeting for the project was held on October 26th.

High quality broadband service has been a priority for the Town of Mammoth Lakes for over a decade. Following the completion of Digital 395, Town staff worked closely with Suddenlink to encourage and ultimately compel them to invest in our community by upgrading equipment to improve their service offerings. As a result of these efforts, in 2014 Suddenlink launched Gigabit service in Mammoth Lakes.

With the passing of SB 156 comes broadband policy and funding never before seen in California.

Under this legislation are programs to develop a statewide open access middle-mile network (Statewide Middle Mile Initiative), allocate funding to each County for developing last-mile in unserved communities (Federal Funding Account), and assist local agencies in planning and preparing for the future of broadband within their jurisdictions (Local Area Technical Assistance or LATA).

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

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

2 Late last year, the Rural County Representatives of California (RCRC) established a new Joint Powers Authority known as the Golden State Connect Authority (GSCA). The intent of the GSCA is to leverage additional funding from SB 156 via the Loan Loss Reserve Program coupled with the capacity and knowledge within RCRC to bond for additional monies which could be used to develop new fiber-based broadband networks.

GSCA assisted the Town of Mammoth Lakes with the identification and acquisition of resources via the Local Area Technical Assistance (LATA) program. This program grants local agencies up to $500,000 for the preparatory work needed for broadband development (such as strategic planning, environmental review, engineering and design, and staff time).

The Grant will fund our work with GSCA who will retain a qualified engineering firm to provide the high-level development design of a broadband fiber network for the Town of Mammoth Lakes.

Once the planning, engineering, design, and environmental work is final the economics of implementing the plan will be reviewed. If it is determined that there is adequate demand to support the installation of the system, then a third-party provider under GSCA will take on project and risks associated with building out the system. The goal of having a town-wide fiber network to deliver quality broadband to the community will require a substantial amount of time and effort, the first step in the process is now funded.

FINANCIAL CONSIDERATIONS:

Staff time will be required to assist in the grant funding application. Town will serve as the fiscal agent. This is a reimbursable grant so the Town will need to incur expenses and then submit for reimbursements. Town staff is ready to provide fiscal services and cash flow for the grant reimbursement requirements. There is no direct match for the grant. Additional information will be provided to Council as the grant work moves forward. This grant award is funded from the $50 million allocated to Local Area Technical Assistance (LATA) program.

With the enactment of SB 156 in July 2021, $6 billion was allocated to the California Public Utilities Commission for broadband deployment across four program areas:
 Middle Mile ($3.25 Billion) – state owned and operated, open-access middle mile infrastructure
 Federal Funding Account (FFA)/Last Mile ($2 Billion) – formula allocations calculated on a county basis to provide last mile grant funds to the designated unserved/underserved areas (Important note: monies, while allocated on a county basis, do not flow to the counties – they are available to providers who apply for funds and commit to delivering a minimum 100/100 service to ALL unserved/underserved addresses in the area in which they applied)  Loan Loss Reserve fund ($750 Million) – available to municipalities to serve as security against financing models that attract private investment  Local Agency Technical Assistance (LATA) Fund ($50 Million) – provided to eligible local agencies (including counties) to cover 100% of pre-deployment project costs that advance the deployment of broadband infrastructure Following the design of a system for the Town (pre-deployment work), the Town will continue to work with GSCA to determine the option to leverage the Loan Loss Reserve as one means to attract private investment to build out the system in the Town.

3 ENVIRONMENTAL CONSIDERATIONS:

To the extent the grant planning work requires environmental analysis it will be incorporated into the grant work program.

Attachments:

CPUC Grant Award Letter
Consent Form
Draft GSCA MOU (Attachments to MOU being prepared)

October 17, 2022
Daniel Holler
[email protected]
Town of Mammoth Lakes Broadband Network Design
Dear Daniel Holler,
Congratulations! The California Public Utilities Commission is pleased to inform you that the Town of Mammoth Lakes’ application for Local Agency Technical Assistance grant funding for Town of Mammoth Lakes Broadband Network Design in the amount of up to $500,000.00 has been approved.

Pursuant to Decision (D.) 22-02-026, Staff is authorized to approve applications that meet all the criteria for Ministerial Review. Your application was received on August 31, 2022 and was posted on the CPUC’s Local Agency Technical Assistance webpage. Staff reviewed your application and determined that your application is eligible for a grant and meets eligibility criteria for Ministerial Review.

The award is predicated on the Town of Mammoth Lakes’ agreement to provide technical assistance as detailed in its application. In its application, the Town of Mammoth Lakes agreed to comply with the specified Ministerial Review criteria as well as to fulfill all requirements, guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds as specified in D.22-02-026 including but not limited to execution and performance, payment, reporting and award acceptance requirements listed in Attachments 1 and 2 of this letter. Please sign and submit the following: 1. A Consent Form binding your organization to the terms of the grant and 2. A State of California Government Agency Tax Payer ID Form for tax reporting purposes. You must submit these documents within 30 days of the date of this letter. If you do not, this award is void.

Thank you for your application and please direct any questions to Michael Ammermuller ([email protected]). and/or refer to the Grantee Administrative Manual, available at https://bit.ly/CPUCLATA.

We appreciate your efforts to provide service to our fellow Californians.

Sincerely,
Robert Osborn
Director
Communications Division

2 ATTACHMENT 1
Requirements
The grant award is predicated on the Town of Mammoth Lakes’ agreement to provide technical assistance as detailed in its application. In its application, the Town of Mammoth Lakes agreed and attested to comply with the specified Ministerial Review criteria as well as fulfilling all requirements guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds as specified in D.22-02-026, including but not limited to execution and performance, payment, reporting and award acceptance requirements. Key requirements of Local Agency Technical grant include, among others:
• All costs are related to the development of broadband network deployment projects to benefit unserved or underserved Californians. These projects may include, but are not limited to, the costs of joint powers authority formation, environmental studies, network design, and engineering study expenses.
• Grant may not exceed $500,000 per local agency, per fiscal year • A signed affidavit agreeing to comply with the terms, conditions and requirements of the grant and submits to the jurisdiction of the Commission with respect to the disbursement and administration of the grant as well as applicable state and federal rules concerning broadband services.
• Grantee must sign a Consent Form agreeing to the terms stated in the award letter as well as all Local Agency Technical Assistance Rules and Requirements, Guidelines and Application Materials in D.22-06-026.
• Grantee must complete the reimbursable work product within 24 months. • Grantee must provide Staff a copy of the final reimbursable work product.

Reporting
The grant award is contingent upon fulfilling the reporting requirements per D.22-06-026, Attachment

1. SB 156 requires grantees to fulfill the monthly reporting requirements set forth in Public Utilities Code section 281(l)(1) if they are using a licensed contractor or subcontractor* to undertake a contract or subcontract in excess of twenty-five thousand dollars ($25,000). The Commission is required to post that information on its website. Specifically, SB 156 requires the following to be reported to the Commission on a monthly basis:
• The name and contractor’s license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section.

3 • The location where a contractor or subcontractor described in subparagraph (A) will be performing that work.
• The anticipated dates when that work will be performed. *Licensed contractor or subcontractor means any contractor that holds a California state license through the contractor’s state license board (https://www.cslb.ca.gov/).

Post-completion
Upon completion of the reimbursable work product and before final payment, Grantees must:
• Provide a signed completion form stating the technical assistance work has been completed suitable to be posted on the Commission’s webpage. The signed completion form must be provided prior to final payment and must include and a short summary of the reimbursable work product(s) performed under the contract, including demonstration that the reimbursable work product(s) identify broadband infrastructure deployment projects that will help achieve the CASF deployment goal, and identification of the area(s) where the applicant intends to deploy broadband based on the reimbursable work product(s).

Provide a copy of each reimbursable work product’s final report(s), plans, studies, etc. produced under the contract.

Payment
Payment will be made directly to the local agency as the grant recipient. Local agency grantees may request partial reimbursement if they complete one or more of the approved reimbursable work products prior to completion of other reimbursable work products approved in the same grant authorization. Payment will be based upon receipt and approval of an invoice(s) submitted by the local agency showing the expenditures incurred for the reimbursable work product, along with the reimbursable work product final report/study/joint powers agreement, etc., and the completion reporting required above. The invoice(s) must be supported by documentation including but not limited to the actual cost of labor and any other expense that will be recovered by the grant.

To the extent that any portion of an award was used to reimburse a local agency for administrative costs associated with securing or completing a reimbursable work product, the local agency must submit an itemized accounting of such costs, demonstrating the total requested for reimbursement does not exceed 15 percent of the total authorized award. If any portion of reimbursement is found to be out of compliance, grantees will be responsible for refunding any disallowed amount along with appropriate interest rates determined in accordance with applicable Commission decisions. Grantees are required to maintain records such as files, invoices, and other related documentation for five years after final payment. Grantees shall make these records and invoices available to the Commission upon

4 request and agree that these records are subject to a financial audit by the Commission at any time within five years after the final payment made to a grantee.

Execution and Performance
The Town of Mammoth Lakes must complete the project within the 24-month timeframe in accordance with the terms of approval granted by the Commission. If the Grantee is unable to complete project within the 24-month timeframe, it must notify the Commission or Director of Communications Division as soon as it becomes aware of this prospect. The Commission may reduce or withhold payment for failure to satisfy this requirement. In the event that the Grantee or contractor fails to complete the work in accordance with the approval granted by the Commission, and as described in its application and contract, the Grantee must reimburse some or all of the funds it has received.

The Town of Mammoth Lakes must sign and submit the linked Consent Form agreeing to the terms of the award within 30 calendar days from the date of this letter. Failure to submit the Consent Form within the timeframe required, the CPUC will deem the grant or award null and void.

The Town of Mammoth Lakes must communicate in writing to the Communications Division’s Director regarding any changes to the substantive terms and conditions underlying the Commission’s approval of the grant (such as changes to a reimbursable work product contract, work plan or budget) at least 30 days before the anticipated. Substantive changes may require approval by either the Communications Division Director or by Commission Resolution before becoming effective.

The Commission has the right to conduct any necessary audit, verification, and discovery for work proposed or completed under the technical assistance to ensure that funds are spent in accordance with Commission rules and with the terms of approval by the Commission.

5 Attachment 2
Local Agency Broadband Technical Assistance
Reporting Requirements and Guidelines
Version October 2022
The Local Agency Technical Assistance program provides grants for eligible pre-construction work which facilitates the construction of broadband network projects. When the California Public Utilities Commission (CPUC) established the technical assistance grant program, the program was funded with American Rescue Plan Act monies administered by the U.S. Treasury. The source of technical assistance funding has changed. This guidance outlines grantee reporting.

The Commission issued Decision (D.) 22-02-026 establishing program requirements for the Local Agency Technical Assistance Grant Program.

Grantees must file quarterly progress reports to the Commission with the below information.

Narrative Project Information

1.1 The counties, cities and census designated places where households, businesses, and community anchor institutions are planned to be served by the broadband project.

1.2 Confirmation that the technical assistance is designed to support projects that, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds.

1.3 Statement of intention about the pricing plans for projects that the technical assistance will support, such as offering of affordable plan or low-income plan subsidized with other funding (ACP).

1.4 Information on broadband need in the project area.

1.5 Statement describing the community benefits of broadband technical assistance.

Detailed Project Information

2.1 Individual work products granted by the program.
o Dollars/hours expended per task/work product.

2.2 Estimatedconstruction start date (month/year).

2.3 Estimated construction completion date (month/year).

2.4 Estimated initiation of operations date (month/year).

2.5 Planned project technology type(s):
o Fiber
o Coaxial Cable
o Terrestrial Fixed Wireless
o Other (specify)

2.6 Estimated total miles of fiber to be deployed.

6 2.7 Planned number of locations to be served, broken out by type:
o Residential locations
o Business connections
o Community anchor institutions

2.8 Planned non-promotional prices including associated fees, speed tiers, and data allowance for each speed tier.

2.9 Other data on broadband need, by location.

Submission
To assist grantees with the filing of quarterly progress reports to the Commission, a sample of the reporting requirements is found in Attachment A of this document.

Planned project information listed in Attachment A should be submitted on a quarterly basis to the Commission’s email at [email protected]. Grantees need to include in the email subject line:

1. Application Name

2. Project Name

3. The Reporting Quarter/Month
Updated quarterly project submissions are required to be sent by the due dates shown below. Grantees are responsible for contacting the Commission at [email protected], if the information cannot be submitted on time.

Reporting Period Project Information Due to CPUC
October 1 – December 31, 2022 January 2, 2023
January 1 – March 31, 2023 April 1, 2023
April 1 – June 30, 2023 July 1, 2023
July 1 – September 30, 2023 October 1, 2023
October 1 – December 31, 2023 January 2, 2024
January 1 – March 31, 2024 April 1, 2024
April 1 – June 30, 2024 July 1, 2024
July 1 – September 30, 2024 October 1, 2024
October 1 – December 31, 2024 January 2, 2025
January 1 – March 31, 2025 April 1, 2025
April 1 – June 30, 2025 July 1, 2025
July 1 – September 30, 2025 October 1, 2025
October 1 – December 31, 2025 January 2, 2026
January 1 – March 31, 2026 April 1, 2026

7 April 1 – June 30, 2026 July 1, 2026
July 1 – September 30, 2026 October 1, 2026
October 1 – December 31, 2026 February 1, 2027
Additional Information
Reporting requirements and guidelines are subject to change, and CPUC or the Commission may define additional requirements on CPUC’s website.

These requirements, in spreadsheet format, are available at: https://www.cpuc.ca.gov/-/media/cpucwebsite/divisions/communications-division/documents/broadband-implementation-forcalifornia/technical-assistance-reporting-requirements-oct-2022.pdf

California Public Utilities Commission
Local Agency Technical Assistance Program

CONSENT FORM
Acknowledgement and Acceptance of Terms
Applicant Name: _________________________________________________________ Key Project Contact: ______________________________________________________ The Grantee identified above acknowledges receipt of the California Public Utilities Commission Resolution T-__________ or Award Letter Dated__________ and agrees to comply with all grant terms, conditions, and requirements set forth in the Resolution or Approval Letter including those in the Local Agency Technical Assistance Rules.

Undersigned representative of ____________________________________ [Name of Grantee] is duly authorized to execute this Consent Form on behalf of the Grantee and to bind the Grantee to the terms, conditions, and requirements set forth in California Public Utilities Commission Resolution T-_____________ or Award Letter.

Dated this ______ day of ______________, 20___.

Signature of Local Agency/Tribe:
_______________________________________________________________________ Title____________________________________________________________________ Printed Name____________________________________________________________ ________________________________________________________________________ Organization or Name of Local Agency or Tribe:
________________________________________________________________________ Business Address (include street address, suite/apt. number, city, state, and ZIP Code):
_______________________________________________________________________ Telephone Number: ______________________________________________________ Email Address: ___________________________________________________________

GSCA & TOML MOU – LATA Grant Draft
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

GOLDEN STATE CONNECT AUTHORITY
AND

TOWN OF MAMMOTH LAKES

REGARDING

IMPLEMENTATION OF LOCAL AGENCY TECHNICAL ASSISTANCE GRANT THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is dated
________, 2022 and made between GOLDEN STATE CONNECT AUTHORITY (“GSCA”) and TOWN OF MAMMOTH LAKES (“Town”). This MOU is made in reference to the following facts:

RECITALS:
(a) GSCA is a joint powers authority organized and existing under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
(b) Under that certain Golden State Connect Authority Joint Exercise of Powers Agreement, GSCA is authorized to establish and operate programs and projects to facilitate the provision and expansion of broadband internet access service in rural communities, and to acquire, construct, improve, and maintain broadband infrastructure and operate broadband internet access service.
(c) Under Section 4.d of the GSCA JPA, any public agency that is authorized to provide, permit, or facilitate broadband internet access service or related telecommunications services may become a Participating Entity in GSCA upon approval and adoption of a participation agreement in the form prescribed by GSCA.
(d) Town is a political subdivision of the State of California located within Mono County, a full Member of GSCA. Town is authorized to establish, purchase, and operate public works to furnish its inhabitants with means of communication, including broadband Internet access services, under California Constitution, article XI, section 9 and Public Utilities Code sections 10001 et seq.
(e) Town is applying for grant funding from the California Public Utilities Commission's Local Agency Technical Assistance program. If approved, this grant funding will cover the cost of preparing conceptual network design and cost estimation, refined high-level design and foundational planning, and low-level design and engineering for portions of a proposed open access broadband internet access network serving certain areas within Town's boundaries.

GSCA & TOML MOU – LATA Grant Draft
2 (f) In the event that Town is awarded a grant under the Local Agency Technical Assistance program, GSCA desires to assist Town in implementing the grant by undertaking responsibility for performance of the grant-funded work, as set forth herein.
(g) Under the Joint Exercise of Powers Act (Gov. Code, §§ 6500 et seq.), GSCA and Town (collectively, the “Parties”) are authorized to enter into an agreement to jointly exercise any power common to both entities.

THEREFORE, THE PARTIES SHALL JOINTLY EXERCISE THEIR COMMON POWER AS FOLLOWS:

1. Recitals Incorporated. The above recitals are true and correct, and are hereby incorporated into this MOU.

2. Authority. This MOU is authorized by Government Code sections 6500 et seq., 26231, and 53703. This MOU shall constitute a participation agreement for purposes of Section 4.d of the GSCA JPA.

3. No Separate Entity. This MOU does not create an agency or entity that is separate from the parties to the agreement.

4. Responsibilities of Town. Town shall do all of the following:
a. Submit a timely application for grant funding from the California Public Utilities Commission's Local Agency Technical Assistance program, consistent with the scope of work set forth in the proposed Agreement for Professional Services and Memorandum of Understanding between Golden State Connect Authority and Utah Telecommunication Open Infrastructure Agency Regarding Engineering Management Services, collectively attached hereto as Attachment 1, and the Local Agency Technical Assistance Application Budget Summary, attached hereto as Attachment 2.
b. In the event the application is approved, submit all documentation necessary to accept and receive the grant funds, with the assistance of GSCA as set forth in Section 5.
c. Submit timely payment requests to the California Public Utilities Commission, in accordance with the approved grant, upon receipt of invoices from GSCA.
d. Upon receiving payment(s) from the California Public Utilities Commission under the grant, compensate GSCA as set forth in Section 6. e. Timely make all reports to the California Public Utilities Commission required under the grant, with the assistance of GSCA as set forth in Section 5.

5. Responsibilities of GSCA. GSCA shall do all of the following:

GSCA & TOML MOU – LATA Grant Draft
3 a. In the event the grant application is approved, promptly enter into an Agreement for Professional Services and a Memorandum of Understanding between Golden State Connect Authority and Utah Telecommunication Open Infrastructure Agency Regarding Engineering Management Services in substantially the forms attached hereto as Attachment 1.
b. Administer and oversee the performance of services under the foregoing agreements to ensure completion of the scope of work set forth therein in accordance with the terms of the approved grant. c. Compensate the contractors under the foregoing agreements in accordance with the terms of those agreements and the approved grant, and submit timely invoices for reimbursement to Town.
d. Submit timely invoices to Town for GSCA’s administrative staff costs in accordance with Section 6 and the approved grant. e. Assist the Town in preparing and submitting any documentation necessary to accept and receive the grant funds, and in making any necessary reports and payment requests to the California Public Utilities Commission in accordance with the terms of the grant.
f. Have full responsibility for performance of the grant-funded work and compliance with the terms of the approved grant, except as otherwise expressly set forth herein.

6. Fiscal Provisions. Town shall make payment to GSCA from Local Agency Technical Assistance grant funds received by the Town for services provided hereunder, as follows.
a. Town shall reimburse GSCA for all amounts paid to the contractors under the Agreement for Professional Services and the Memorandum of Understanding between Golden State Connect Authority and Utah Telecommunication Open Infrastructure Agency Regarding Engineering Management Services.
b. Town shall further reimburse GSCA for all costs incurred for GSCA staff to perform the services set forth in Section 5, at GSCA's actual cost, including indirect costs allowable under the uniform cost principles promulgated by the United States Office of Management and Budget, not to exceed $15,000.
c. GSCA will submit invoices to Town for the foregoing amounts in the time and manner consistent with the approved grant.
d. The maximum amount payable to GSCA under this MOU shall not exceed $475,000, or ninety-five percent (95%) of the grant amount awarded under the California Public Utilities Commission's Local Agency Technical Assistance program, whichever is less.

7. Term. This Agreement shall commence upon award of funding for the proposed work under the Local Agency Technical Assistance program,

GSCA & TOML MOU – LATA Grant Draft
4 and terminate upon completion of, and final payment for, all services set forth in this MOU. If the Local Agency Technical Assistance grant application submitted by GSFA is not approved, this MOU shall be of no further force or effect.

8. Compliance with Law. GSCA and Town shall perform all functions related to the services or activities described herein in accordance with all applicable federal, state, and local laws, ordinances, regulations, and rules, and in accordance with the terms of the aforementioned grant.

9. Independent Contractor. GSCA shall, during the entire term of this MOU, be construed to be an independent contractor and nothing in this MOU is intended nor shall be construed to create an employer-employee relationship, a joint venture relationship, or to allow Town to exercise discretion or control over the professional manner in which GSCA performs the services which are the subject matter of this contract. GSCA staff performing services under this MOU not be deemed employees of Town for any purpose.

10. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties hereto pursuant to Government Code section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree, pursuant to Government Code section 895.4, as follows:
a. GSCA shall hold harmless, defend, and indemnify Town, its agents, officers, and employees, against all claims, suits, actions, costs, expenses (including but not limited to reasonable attorney's fees, expert fees, litigation costs, and investigation costs), damages, judgments or decrees by reason of any person’s or persons’ bodily injury, including death, or property (including property of Town) being damaged by the negligent acts, willful acts, or errors or omissions of GSCA, or any person employed by or under GSCA in any capacity, during the provision of services provided for herein, except when the injury or loss is caused by the sole negligence or intentional wrongdoing of Town.
b. Town shall hold harmless, defend, and indemnify GSCA, its agents, officers, and employees, against all claims, suits, actions, costs, expenses (including but not limited to reasonable attorney's fees, expert fees, litigation costs, and investigation costs), damages, judgments or decrees by reason of any person’s or persons’ bodily injury, including death, or property (including property of GSCA) being damaged by the negligent acts, willful acts, or errors or omissions of Town, or any person employed by or under Town in any capacity, during the provision of services provided for herein, except when the injury or loss is caused by the sole negligence or intentional wrongdoing of GSCA.

GSCA & TOML MOU – LATA Grant Draft
5 11. Insurance. GSCA and Town shall each secure and maintain in full force and effect during the full term of this agreement commercial general liability insurance or participation in a self-insurance program with limits of liability of not less than $1 million combined single limit bodily injury and property damage. Policies shall be written by carriers reasonably satisfactory to each party. On request, a certificate evidencing the insurance requirements of this paragraph shall be provided.

12. No Third Party Beneficiary. Nothing in this MOU shall be construed to create any rights of any kind or nature in any other party not a named party to this MOU.

13. Authorization. Each party executing this MOU and each person executing this MOU in any representative capacity, hereby fully and completely warrants to all other parties that he or she has full and complete authority to bind the person or entity on whose behalf the signing party is purporting to act.

14. Entire Agreement/Amendments. This MOU supersedes all previous agreements or understandings and constitutes the entire understanding between the parties with respect to the above referenced services, terms of compensation, and otherwise. This MOU shall not be amended, except in a writing that is executed by authorized representatives of both parties.

15. Governing Law and Venue. This agreement shall be deemed to be made in, and shall be governed by and construed in accordance with the laws of the State of California (excepting any conflict of laws provisions which would serve to defeat application of California substantive law). Venue for any action arising from this agreement shall be in Sacramento County, California.

16. Notices. Any notice required to be given pursuant to the terms and provisions of this MOU shall be in writing and shall be sent first class mail to the following addresses:

GSCA: Golden State Connect Authority
Attn: Executive Director
1215 K Street, Suite 1650
Sacramento, CA 95814
Town: Town of Mammoth Lakes
Attn: Town Manager
PO Box 1609
Mammoth Lakes, CA 93546
IN WITNESS WHEREOF, GSCA and Town have executed this
Memorandum of Understanding on the day and year set forth below.

GSCA & TOML MOU – LATA Grant Draft
6 Date: ____________ GOLDEN STATE CONNECT AUTHORITY
By:

Executive Director
Date: ____________ TOWN OF MAMMOTH LAKES
By:

Daniel C. Holler, Town Manager

GSCA & TOML MOU – LATA Grant Draft
7 ATTACHMENT 1
[INSERT DRAFTS OF DESIGN PROFESSIONAL AGREEMENT
AND UTOPIA MOU]

GSCA & TOML MOU – LATA Grant Draft
8 ATTACHMENT 2
[INSERT BUDGET SUMMARY FROM GRANT APPLICATION]

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 Paul Chang; 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.