Mammoth Lakes City Council
November 16, 2022

Mammoth Lakes FPD Page 31 of 42
provided at the time of acceptance testing for all fire alarm system installations including:

1. A contractor' s statement verifying that the system has been 100% tested in accordance with NFPA 72.

2. The contractor' s affidavit of personnel qualifications, indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the fire code official.
907.8.5 Inspection, Testing, and Maintenance. Add the following: Fire alarm systems must be certified by a fire alarm testing agency holding a C- 10 (electrical) and C-61 (low voltage) state contractor's licenses in accordance with NFPA 72. Every owner of a fire alarm system subject must provide the Fire District with certification and annual inspection services issued by a licensed fire alarm testing agency verifying that all components of the fire alarm systems are operative and have been tested according to NFPA standards. Fire alarm systems may need to be serviced whenever:

1. A false alarm occurs for an unknown reason or reasons.

2. The fire alarm is activated by fire.

3. The system is in "supervisory" condition"
909.2 Smoke Control Systems – General design requirements. Amended to read: All buildings, structures, or parts thereof that cover up smoke, heat, and other duct work shall provide for and appropriately label access panels with signage (minimum of 1 inch lettering with inch stroke in the color red on a white background) that indicates the location of all electrical appliances including fans, power systems, and the like and all duct smoke detectors.

Smoke detectors must be provided in accordance with this section. Smoke detectors must be connected to an automatic fire alarm system installed in accordance with NFPA 72. The actuation of any detector required by this section will operate all equipment necessary to prevent the circulation of smoke through air return and exhaust ductwork. 912 Fire Department Connections – Location. Amended to include: For all high-rise structures, fire hydrant(s) and fire department connection(s) shall be located within 50 feet of each other and positioned in a location approved by the fire code official. For all other structures required to be outfitted with a fire department connection(s), a fire hydrant shall be no further than 250 feet from the FDC.

FDC's shall be located on the non-shed side of the structure and easily accessible for fire department personnel (preferably at the front or front corner of the structure). The FDC shall be maintained free of obstructions and snow.

CHAPTER 10 - MEANS OF EGRESS

Mammoth Lakes FPD Page 32 of 42
1003.6 Means of egress continuity. Add the following: Stairway enclosures must be continuous and must fully enclose all portions of the stairway. Exit enclosure must exit directly to the exterior of the building or include an exit passageway on the ground floor, leading to the exterior of the building. A minimum of two exit enclosures must extend completely through the roof and be provided with a door/hatchway that leads onto the roof. 1003.6.1 Stairway Enclosures. Add the following: Enclosures Under Interior/Exterior Stairways shall include combustible storage is prohibited under exit stairways. Exception:

Storage is allowed under interior or exterior stairways when such stairways are not within exit enclosures and such spaces are protected on the enclosed side by one-hour fire-resistive construction or protected by a fire sprinkler system.
1004.9 Posting of Occupant Load. Amended to include: All A, B, E, and M occupancies that may be used for assembly purposes such as eating, dancing, drinking, day care facilities, retail, and conferences/meeting establishments shall have a sign prominently displayed within 4 feet of the main exit to exit access doorway from the room or space. All rooms, regardless of occupancy type, with an occupancy greater than 10 shall be provided with an occupancy sign. Sign will consist of 1-inch letters with ½ inch stroke and located on contrasting background.
1030.1.1.2 Seat Stability. Add the following section: In places of assembly, greater than 100 loose chairs shall be fastened together in groups of not less than three chairs or the seats shall be securely fastened to the floor.

CHAPTER 12 - ENERGY SYSTEMS.
1205.1 Installation. Add the following: Where micro inverters are part of the installation, a micro switch shall deenergize the solar panel and wiring or the installation shall provide for a blade disconnect to be located on the roof or pole, in a labeled weatherproof box, easily accessible to firefighters and in a location approved by the fire code official. This disconnect shall be a main service disconnect of the DC current completely deenergizing the system from the roof/yard location to the rest of the structure. 1205.2 Pathways to ridge.

Amended as follows: The Fire District may permit solar panels to be mounted no higher than the ridge of the roof so long as the opposite side of the roof is accessible for fire ground activities. In addition, the Fire District may require that the design of the panel mounting assembly discourage the accumulation of flammable materials (such as pine needles). 1205.2.1 Residential Buildings for Group R-3 Building, add the following:

The Fire District may permit solar panels to be mounted no higher than the ridge of the roof so long as the opposite side of the roof is accessible for fire ground activities. In addition, the Fire District may require that the design of the panel mounting assembly discourage the accumulation of flammable materials (such as pine needles).

CHAPTER 33 - FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION

Mammoth Lakes FPD Page 33 of 42
3303.5.1 Emergency Safety Lighting. Add the following: The fire code official shall determine with the town Building Department adequate lighting for construction sites/projects to provide for safe movement around the site during nighttime hours.

CHAPTER 49 - WILDLAND URBAN INTERFACE
4904.1 Fire Hazard Severity Zone. Add the following:

The Board of Commissioners designated a Very High Fire Hazard Severity Zone as recommended by the Director of the California Department of Forestry and Fire Protection and as modified and designated on a map titled Fire Hazard Severity Zone for Mammoth Lakes, dated September 17, 2007, and retained on file at Town of Mammoth Lakes, Community Development Department and at the Mammoth Lakes Fire Protection District Offices.

The Board also declared an additional area (all areas not contained in the Very High Fire Hazard Severity Zone) as a Wildland-Rural Interface Area as recommended by the Fire Chief of the Mammoth Lakes Fire Protection District based on a finding supported by substantial evidence in the record that the requirements of Government Code Section 51182 are necessary for effective fire protection within the area and as designated on a map titled Wildland-Rural Interface Area for Mammoth Lakes, dated December 11, 2007 and retained on file at Town of Mammoth Lakes, Community Development Department and at the Mammoth Lakes Fire Protection District Offices
4904.1.1 Responsibility. Any person who owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush-covered lands, or any land which is covered with flammable material, shall at all times do all of the following:
4905 Wildfire Protection Building Construction. Add the following sections to the California Fire Code:
4905.2.1 Wood Shakes. All use of wooden shakes for roofing and/or exterior walls shall be prohibited anywhere within the Fire District. This action shall include the replacing of roofs or exterior wall surfaces on any structure within the Fire District. Repair of damage to less than 10% of the roof may be accomplished so long as the repair meets the requirements of a Class A roofing installation and approved by the fire code official. 4905.2.2 Attic/Eave and Crawl Space Ventilation. All use of wooden shakes for roofing and/or exterior walls shall be prohibited anywhere within the Fire District. This action shall include the replacing of roofs or exterior wall surfaces on any structure within the Fire District. Repair of damage to less than 10% of the roof may be accomplished so long as the repair meets the requirements of a Class A roofing installation and approved by the fire code official.
4905.2.3 Exterior and Additions. Add the following: All exterior materials and additions

Mammoth Lakes FPD Page 34 of 42
shall meet the Chapter 7A and Chapter 49 building code requirements for occupancies in the wildland urban interface.
4907 - Defensible Space. Add the following:

FOR IMPROVED PARCELS
4907.3.0 Fire Break/Continuous Vegetative Fuel Source for Lots and Structures.

Maintain around and adjacent to any such building or structure a fuels reduction program or firebreak by removing excessive brush, flammable vegetation, or other combustible materials and debris (including firewood from June 1st through September 30th) located in Zone 1 (from the structure to 30 feet) to the property line, whichever is nearer, as may be required by the fire code official. All trees shall be limbed up fifteen (15') not to exceed one-third (1/3) of the tree.
4907.3.1 Zone 0 Requirements.

Property owner are responsible for an ember-resistive zone. Zone 0 extends five (5') feet from building, structures, decks, etc. This zone includes the area under and around all attached decks, ant requires the most stringent wildfire fuel reduction. The ember-resistant zone is designed to keep fire or embers from igniting materials that can spread the fire to your home. The area within Zone 0 should be composed of hardscape or noncombustible materials.
4907.3.2 Zone 1 Requirements.

Property owners are responsible to remove significant accumulations of flammable vegetation or piles of flammable construction materials from within 30 feet of all structures, and thin out living vegetation by up to 50% so that fire does not have a continuous path along which to travel.
4907.3.3 Zone 2 Requirements.

When additional hazardous conditions exist, and if a firebreak in Zone 1 around such building or structure is not sufficient to provide reasonable fire safety, grass and other vegetation or piles of flammable construction materials located within Zone 2 (from 30 feet to 100 feet from a building or structure) shall be required to be subject to additional fuel reduction activities. This does not apply to trees or plants which are used as ground cover and stabilize the soil and prevent erosion, which are individually planted, spaced, irrigated, and maintained in such a manner that the vegetation does not form a means of transmitting fire from the native growth to any building or structure. 4907.4 Vegetative Thinning Requirements
Property owners are responsible to remove significant accumulations of flammable vegetation from within 30-100 feet of all structures, and thin out living vegetation by up to 30% so that fire does not have a continuous path along which to travel. 4907.5 Ember Protection of Firewood
Fire resistive tarps or covers are required if 30 feet or more of clearance from the structure

Mammoth Lakes FPD Page 35 of 42
cannot be obtained. The tarps must prevent embers from getting in or around the wood pile and be properly secured. Fire resistant tarps must display the California State Fire Marshal seal permanently attached to the tarp material. As an alternative, up to three sides of the wood pile may have 1/16-inch metal screen with at least a 1-inch space from the firewood.

The screen shall be firmly attached to the deck rail or other approved structure, and the screen and the tarp shall completely cover and surround the wood pile. A wood box that completely surrounds the wood is also an acceptable means of compliance. Effective June 1 through September 30th of each year.
4907.6 Chimney or Stove Protection
Remove that portion of any tree which extends within 10 feet of the outlet of any chimney or stovepipe.
4907.7 Removal of Dead/Dying Branches and Limbs below the Eave Line.

Maintain any tree and limbs adjacent to or overhanging any building free of dead or dying wood. If a tree is tall enough and rests within Zone 1, remove all live branches at or below the structure's eave line without causing undue stress to the survivability of the remaining tree.
4907.8 Vegetative Accumulation on Roof.

Maintain the roof of any structure free of leaves, needles, or other dead vegetative accumulations.
4907.9 Removal of Litter and Pine Needles
Accumulations of leaf litter and pine needles shall be removed during the year to prevent an accumulation from developing. The retention of a thin layer of liter to prevent soil erosion is permissible.
4907.10 Annual Maintenance
Property owners are responsible to perform annual maintenance by raking, trimming, and watering the grounds and vegetation.
4907.11 Chimney or Stovepipe Screen
Provide and maintain at all times a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel.

The screen shall be constructed of nonflammable material with openings of not more than one-half inch in size.
4907.12 Combustible Material Clearance and Propane Tanks Weeds, grass, brush, trash, and other combustible materials shall be kept a minimum of 10 feet from LPG tanks or containers. Trees shall be trimmed of branches within 10 feet of the tank, but tree trunks may remain around the tank. Combustible material used for fencing around a propane tank is permitted for screening purposes but shall be located a minimum of 4 feet from the tank, shall not exceed 5 feet in height, and only surround the tank on three sides. Fencing will only be permitted if all vegetative materials (except tree trunks) are cleared for a distance of 10 feet on all sides and trimming of overhanging materials and

Mammoth Lakes FPD Page 36 of 42
branches above the tank to a minimum of 15 feet. Non-combustible materials used for fencing are exempt from the clearances, except for the 4-foot minimum distance from the tank.

FOR UNIMPROVED PARCELS
4907.13 Any portion of an unimproved parcel within one hundred feet (100') of structures on neighboring parcels shall comply with Section 4907 above.

1. Flammable vegetation and other combustible growth with ten feet (10') of roadway frontage shall be removed.

2. All trees within ten feet (10') of roadway frontage shall be limbed up fifteen (15') not to exceed one-third (1/3) of the tree.

3. Any hazardous vegetation constituting an extreme fire hazard, as determined by the enforcement official, shall be removed.

The enforcement official may require more clearance distance than specified herein for the protection of public health, safety, or welfare or the environment.

The determination for appropriate clearance distances will be made based upon a visual inspection of the parcel and shall consider all factors that place the property or structure(s) at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the property or structure(s) is located.

Ornamental landscaping, including perennial lawns, plants shrubs, and bushes, are exempt from this part unless, in the judgement of the enforcement official, they create a mean of rapidly transmitting fire from native growth to any structure.

CHAPTER 50, HAZARDOUS MATERIALS
5001.5.1 Hazardous Materials Management Plan (HMMP) Amended as follows:

Each application for a permit for businesses handling or storing hazardous materials at any time any time during the year exceeding 55 gallons, 500 pounds or 200 cubic feet shall include a Hazardous Materials Business Plan (HMBP). The location of the HMBP shall be posted adjacent to permits when an HMBP is provided. The HMBP shall include a facility site plan designating the following:

1. Storage and use areas,

2. Maximum amount of each material stored or used in each area,

3. Range of container sizes,

4. Locations of emergency isolation and mitigation valves and devices,

5. Product conveying piping containing liquids or gases, other than utility-owned fuel gas lines and low-pressure fuel gas lines,

Mammoth Lakes FPD Page 37 of 42

6. On and off positions of valves for valves which are of the self-indicating type,

7. Storage plan showing the intended storage arrangement, including the location and dimensions of aisles.

The plans shall be legible and approximately to scale. Separate distribution systems are allowed to be shown on separate pages. The Plan shall be submitted annually to the Fire District and must be posted in a prominent location at the business and available to emergency personnel in the event of an incident.
5003.2.5 Empty Containers and Tanks. Amended as follows:

Empty containers and tanks previously used for the storage of hazardous materials shall be free from residual material and vapor as defined by DOT, the Resource Conservation and Recovery Act (RCRA) or other regulating authority or maintained as specified for the storage of the hazardous material. Containers larger than five gallons incapacity shall be marked with the date they have been emptied and shall be reclaimed, reconditioned, and remanufactured within one year of being emptied. Containers which previously held acute or extremely hazardous materials are considered empty if the container has been triple rinsed and the resonate managed as a hazardous waste. If the activity does not qualify for an exemption, the activity may require a permit to treat on-site. 5003.3.1.4 Responsibility for cleanup, add the following: Upon termination of cleanup activities, the Fire District must be contacted to assess cleanup measures and clear site for preoccupancy or reuse.

CHAPTER 57 - FLAMMABLE AND COMBUSTIBLE LIQUIDS.
5701.5 Material Classification. Amended as follows:

Where in this chapter there is a requirement for Class III-A Liquids, this same requirement shall apply to Class III-B Liquids.
5704.2 Storage. Tank Storage. Amended to include:

1. The storage of Class I, Class II, and III liquids in aboveground tanks outside of buildings is prohibited within the limits of the Fire District without special permit from the Fire District.

2. Secondary containment shall be provided for new installations of aboveground tanks and any existing tanks that demonstrate the possibility of a breach in integrity.

CHAPTER 61 - LIQUEFIED PETROLEUM GASES
6103.1 General is amended to include:

1. All LPG pipelines shall meet the requirements of LPG Industry, including, but not limited to ANSI Z223.1 (The Natural Fuel Gas Code), 49CFR192 (Transmission of Natural and Other Gas by Pipeline), National Fire Protection Association (NFPA) 54,

Mammoth Lakes FPD Page 38 of 42
NFPA 58 (LPG Code), NFPA 501A (Installation for Mobile Homes), NFPA 1193D (Installation for Recreational Vehicle Parks, and NFPA 505 (LPG use for Industrial Trucks), and Town of Mammoth Lakes Building Department LPG policies.

2. The Gas Companies and Franchise Line Manager shall provide the Fire Department with updated maps of all new pipelines and isolation valves every six (6) months. This shall include a baseline map of all existing lines that have been installed prior to the approval of this ordinance.

3. Isolation valves shall be provided for in all new propane lines such that groupings of not more than 40 single family homes or a single structure (regardless of the number of units) such that the flow of propane can be isolated in the event of an LPG leak. This will apply to a grouping of single-family homes or single condo or structure. Valve locations shall be approved by the fire code official and shall be located in a paved location in a roadway, sidewalk, or immediately adjacent to a roadway. All valves that are to be placed in town roads shall require notification and approval from the Town Public Works Department: For any valve located outside the paved portion of a public or private roadway, the gas company shall install a permanently fixed, recessed reflector in the pavement, 10 feet from the gas valve cover, and perpendicular to the valve location to aid in locating the valve.
a. Valves shall be accessible to snow removal equipment and snow shall be removed at least every twenty-four hours when necessary. b. Valve caps shall be imprinted with the word "GAS" with at least 1" letters. Valve caps shall be painted yellow.
c. All valves will be identified by accurate GPS coordinates, provided to the Fire District with a map within six months of any change.

4. Any new exterior gas lines used to serve a structure, where the lines are run horizontally along the structure shall have bracing every two feet to protect the lines from shifting and snow creep which could break or stress the line.

5. All new shut off valves for a building shall be positioned such that a standard 10- inch crescent/pipe wrench will tum off the propane supply to a structure. Care needs to be taken so that the protective cover does not interfere with access and the ability to shut off the gas flow.

6. All outside propane fire pit designs, as stamped and submitted by a certified engineer, shall comply with the Town of Mammoth Lakes/Fire District's criteria for this type of installation. In particular, the thermocouple shall only be of an approved style/manufacturer. The proponent shall obtain a permit from the Fire District for all outside propane fire pits.

7. The Fire District permits multiple tanks to be located side by side at the same installation without separation due to climatic and safety factors. Connection piping needs to be supported and each individual tank needs to be secured to a concrete pad(s).

Mammoth Lakes FPD Page 39 of 42
There should be minimal space maintained between the tanks so that they are not physically touching.

8. Where propane is being used in a structure with a basement, in the event of a propane leak, the structure shall be automatically ventilated using inlet openings where the bottom shall be not more than 6 inches above the floor, and a. A mechanical ventilation system with a rate of air circulation of at least 1 cubic foot/square foot of basement floor area.
b. Outlets shall discharge at least 5 feet from any opening into the structure or any other structure.
c. Each opening shall have a minimum size of 50 square inches, and the total of all openings shall be at least 1 square inch/square foot of floor area. d. Shall be initiated by a propane detector which automatically turns the system on when the detector activates.
e. Any supply gas lines two (2) inches in diameter and larger leading to a structure shall be provided with excess flow and isolation valves as part of any construction plan. These shall be located in a location approved by the fire code official.

9. Any of the preceding may be modified or made more restrictive by the Fire Chief. 6103 Installation of Equipment. Add the following sections:
6103.1.1 Propane Detection Device.

LPG detectors shall be installed wherever LPG is provided, or an LPG appliance is in use.

One detector is to be located in the lowest habitable space. If crawl space, sub-floor, or basement exists, a second LPG detector must be installed in proximity to the lowest portion of that area and be interconnected with the detector in the habitable space. If a remote sounder is required, the device must be labeled "Propane Detector" indicating that the device is indicating the presence of propane.

In new construction, a detector can be installed in a propane utility appliance space if desired but must be interconnected with required detectors, if installed. In existing construction, a plug-in type of detector may be installed in a utility space, and it does not need to be interconnected with the required detectors.

Add the following sections:
6103.1.2 Propane Markings. All meters and/or regulators shall be marked with a 2-inch minimum reflector (blue preferably) at a minimum height of 10 feet or as high as the structure will permit.
6103.2.1 Container Location. Add the following: All propane providers shall provide GPS coordinates of all outdoor propane tanks regardless of size and shall be updated when removed or moved.
6104.3.1 Installation of propane appliances on roof shall be secured or enclosed on new constructed buildings. Add the following:

Mammoth Lakes FPD Page 40 of 42
Liquefied Petroleum Gas appliance piping shall not exceed 5 feet. Piping over 5 feet shall be enclosed to prevent damage or movement due to snow load.

Pre-existing propane piping on roofs shall have adequate piping protection to keep the pipes from shifting or from damage.
6104.4 Multiple Container Installation. Amended to include LPG storage shall not exceed the water capacity as follows:

1. Storage locations with tanks of 5,000 gallons or greater shall have no more than six tanks at any one installation unless approved by the fire code official.

2. Storage sites with 6,000 gallons or more shall be protected with a bulkhead for tank filling and such bulkhead shall comply with the provisions of the California Administrative Code, Title 8.

3. Fencing approved by the fire code official shall be provided for installations of 6,000 gallons or more, provided that every tank having capacity of 6,000 gallons or more shall require a California Department of Industrial Safety inspection and approval. All cargo tanks that are converted to stationary tanks shall be mounted on concrete saddles or engineered steel skids provided that such tanks shall meet all other requirements of the California Fire Code.

4. All LPG stored at any one installation shall be used only through the pipeline system for such installation. No unauthorized field filling of delivery trucks is permitted at storage installations within the District.

5. Any tank bum-off operations shall be permitted, and all conditions of the permit shall be adhered to.

6. All tank exchanges shall require that the company making the exchange provide the Fire District with a diagram of the tank location in relationship to fixed landmarks and property lines (actual distances shall be displayed on the diagram).

7. All gas line additions/modifications, whether in roadways or across private lands, shall be provided to the Fire District before installation for review and permitting, if necessary.

8. Any of the preceding may be modified or made more restrictive by the Fire Chief.

APPENDIX L- REQUIREMENTS FOR FIREFIGHTER AIR REPLENISHMENT

SYSTEMS
L101.2 General. Rescue Air Replenishment. Add the following section: Rescue air

Mammoth Lakes FPD Page 41 of 42
replenishment shall be provided for all high-rise structures. This requirement may be met by either providing sufficient compatible individual air cylinders in approved location(s), or by making provisions for an approved rescue air replenishment system at approved location(s). The system shall provide an adequate pressurized fresh air supply through a permanent piping system for the replenishment of portable life sustaining air equipment carried by fire department, rescue, and other personnel in performance of their duties.

Location of access station(s) to installation and maintenance of such air replenishment systems shall be made in accordance with the requirements of the Fire Chief.

Section 4.

If any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Fire Commissioners hereby declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, and phrases be declared unconstitutional.

Section 5.

That the Fire Code Official of the Mammoth Lakes Fire Protection District is hereby ordered and directed to cause this legislation to be published.

Section 6.

That nothing in this legislation or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act of ordinance hereby repealed, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this legislation.

That this ordinance and the rules, regulations, provisions, requirements, orders, and matters established, adopted, and ratified hereby shall take effect and be in full force and effect 30 days from and after the date of its final passage and adoption.

Mammoth Lakes FPD Page 42 of 42
PASSED AND ADOPTED ON THIS 15TH DAY OF NOVEMBER 2022, BY THE BOARD OF

FIRE COMMISSIONERS OF THE MAMMOTH LAKES FIRE PROTECTION DISTRICT, MONO COUNTY, CALIFORNIA. BY THE FOLLOWING VOTING OF SAID BOARD:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
Buck Wahl, Chairman
ATTEST:
____________________________________
Clerk
APPROVED AS TO CONTENT:
___________________________________
Ales Tomaier, Fire Chief
RATIFIED:
____________________________________________ __________________________ Mayor, Town of Mammoth Lakes Date

1 TOWN COUNCIL STAFF REPORT
Title: Resolution Adopting the First Amendment to the Solid Waste Services Agreement between the Town of Mammoth Lakes and Mammoth Disposal Company related to calculation of fees and charges.

Meeting Date: November 16, 2022
Prepared by: Pam Kobylarz, Assistant to Town Manager
Daniel C. Holler, Town Manager
RECOMMENDATION:

Adopt a Resolution Approving the First Amendment to the Solid Waste Services Agreement between the Town of Mammoth Lakes and Mammoth Disposal Company related to the calculation of fees and charges.

BACKGROUND AND ANALYSIS:

Background
In October 2020, the Town of Mammoth Lakes entered into a 20-year Solid Waste Franchise Agreement with Mammoth Disposal. The Town is required to provide solid waste services for its residents and visitors, including compliance with recycling and diversion mandates. The Franchise Agreement allows for Mammoth Disposal to provide these services on behalf of the Town; however, compliance with state mandates is still ultimately the Town’s responsibility.

The Franchise Agreement governs all aspects of solid waste services, including collection, processing, hauling, and how the rate structure may be approved and modified. The existing rate structure through 2026 was approved by the Town Council and will result in setting a new base rate required to fund the costs of new capital investments, increased operational and processing costs, and enhance service levels, with a focus on increased recycling programs. On January 1, 2027, the Franchise Agreement allows for the rates to increase between 1-4% each year based on the defined Consumer Price Index (CPI).

Analysis
The adopted rates are intended to cover the costs of services, infrastructure investment (including construction of the new transfer station), new operating costs, and ongoing expenses. Since these rates were adopted, Mammoth Disposal has seen substantial cost increases across all categories of its operations. Mammoth Disposal approached the Town about ways to mitigate the amount of unanticipated cost increases.

As mentioned above, beginning in January 2027, the solid waste rates are scheduled to increase by 1-4% each year based on the CPI. Given the extraordinary circumstances and

2 cost increases that were not anticipated during the initial rate analysis, Mammoth Disposal is requesting that the Franchise Agreement be modified to allow the CPI increase to go into effect beginning January 1, 2023. This would be in addition to the planned rate increases of 5.6% each year, which incorporates an assumed 2.5% CPI increase each year.

Some details about cost increases being experienced by Mammoth Disposal include:
 Building costs for the new transfer station have increased from $5 million to $6.8 million. This is for building costs only and does not include increases for the cost of equipment.
 Solid waste trucking and disposal costs are significantly higher than previously quoted. Tipping fees at Russell Pass Landfill were originally quoted at $21/ton and are now at $30/ton, representing a 43% increase. Transportation/trucking costs are also expected to increase from the initial estimates. Fuel prices have gone up approximately 60% since the initial cost projections were done in 2020.  In the initial cost structure escalated wages were set at 3.0% each year from 2019.

Due to labor shortages and inflation, the average current hourly rate is at 7.9% above pro forma. Including benefits and taxes, the overall labor expense increase from the original 2022 pro forma cost structure is 12.2% higher.

Town staff have reviewed the information provided by Mammoth Disposal, along with the Consumer Price Index (CPI) data and agree that the allowance for an additional CPI increase at this time is appropriate to ensure that Mammoth Disposal is able to provide efficient and effective solid waste services on the Town’s behalf.

The proposed amendment to the Franchise Agreement would allow for a CPI increase to the solid waste rates each year of between 1-4%, based on actual CPI (Los Angeles-Long Beach-Anaheim area published by the Bureau of Labor Statistics of the U.S, Department of Labor) in August of the previous year.

This is not a request to increase solid waste rates. This item is a request to amend the Franchise Agreement, which would allow for Mammoth Disposal to come forward with a future request to modify the rates. The request for a proposed rate increase is set for a public hearing on December 7, 2022.

OPTIONS ANALYSIS
Option 1: Adopt a Resolution Approving the First Amendment to the Solid Waste Services Agreement between the Town of Mammoth Lakes and Mammoth Disposal Company. This would allow Mammoth Disposal to come forward with a future request to modify solid waste rates.

Option 2: Do not Adopt the First Amendment to the Solid Waste Services Agreement between the Town of Mammoth Lakes and Mammoth Disposal Company. A decision not

3 to adopt the proposed amendment would result in the existing solid waste rate structure staying in place.

Attachments:

Attachment A: Resolution
Attachment B: First Amendment to Solid Waste Services Agreement between the Town of Mammoth Lakes and Mammoth Disposal Company

RESOLUTION 22-XX

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES. STATE OF CALIFORNIA, APPROVING THE FIRST

AMENDMENT TO THE SOLID WASTE FRANCHISE AGREEMENT WITH

MAMMOTH DISPOSAL
WHEREAS, the Town is responsible for providing solid waste handling services to its citizens, including source reduction, recycling, composting activities and the collection, transfer and disposal of solid waste within the Town boundaries subject to solid waste handling jurisdiction, as provided in Public Resources Code Section 40057, part of the California Integrated Waste Management Act (Act or AB 939); and
WHEREAS, the Town Council has a Franchise Agreement (Agreement) with Mammoth Disposal Company to provide solid waste and recycling services on its behalf within the Town of Mammoth Lakes; and
WHEREAS, the Agreement provides the method and means of setting rates and charges for solid wastes services including the cost of disposal and processing of solid waste and recycled materials; and
WHEREAS, the Town Council adopted solid waste rates that are in effect until December 31, 2026, which includes a 2.5% Consumer Price Index (CPI) increase each year; and WHEREAS, pursuant to the Agreement, beginning in January 2027, the solid waste rates are scheduled to increase by 1-4% each year based on the CPI; and WHEREAS, since the current rate structure was adopted, Mammoth Disposal has seen substantial cost increases across all categories of its operations including services, infrastructure investment (including construction of the new transfer station), new operating costs, and ongoing expenses; and
WHEREAS, Mammoth Disposal has requested the ability to incorporate CPI increase into its rates beginning January 1, 2023; and
WHEREAS, Town staff have reviewed the information provided by Mammoth Disposal, along with the Consumer Price Index (CPI) data and agree that the allowance for an additional CPI increase at this time is appropriate to ensure that Mammoth Disposal is able to provide efficient and effective solid waste services on the Town’s behalf; and WHEREAS, the proposed amendment to the Agreement would allow for a CPI increase to the solid waste rates each year of between 1-4%, based on actual CPI (Los Angeles-Long

Resolution No. 22-

Beach-Anaheim area published by the Bureau of Labor Statistics of the U.S, Department of Labor) in August of the previous year.

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

Section 1.

The foregoing recitals are true and correct and incorporated herein by reference.

Section 2.

The Town Council has fully considered this matter and has:

A. Reviewed the agenda bill and draft First Amendment to the Franchise Agreement attached hereto as Exhibit A and all information submitted herewith regarding the proposed agreement;
B. Heard and received all support, objections and/or protests, or other written communications regarding the proposed agreement;
C. Taken and received oral and documentary evidence pertaining to the approval of the proposed agreement; and
D. Been fully informed of this matter.

Section 3.

The Town Council of the Town of Mammoth Lakes explicitly and expressly adopts all findings contained herein this resolution.

Section 4.

The Town Council hereby approves and authorizes the Mayor or Town Manager of the Town of Mammoth Lakes to execute the First Amendment to the Solid Waste Services Agreement between the Town of Mammoth Lakes and Mammoth Disposal Company attached hereto.

Section 5.

The Town Clerk shall certify as to the adoption of this Resolution.

APPROVED AND ADOPTED this 16th day of November 2022.
______________________
LYNDA SALCIDO, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk

Exhibit A
{00104851.DOCX.3} FIRST AMENDMENT TO SOLID WASTE SERVICES AGREEMENT Page 1

FIRST AMENDMENT TO SOLID WASTE SERVICES AGREEMENT

THIS FIRST AMENDMENT TO SOLID WASTE SERVICES AGREEMENT
(this “Amendment”), by and between the TOWN OF MAMMOTH LAKES, a municipal corporation of the state of California (the “Town”), and MAMMOTH DISPOSAL COMPANY, a California corporation (“Contractor”), is entered into as of November 16, 2022. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in that certain Solid Waste Services Agreement, dated October 1, 2020 (the “Agreement”), by and between the Town and Contractor.

RECITALS
WHEREAS, the Town and Contractor entered into the Agreement, whereby the Town and Contractor agreed that Contractor would provide for the Collection, transportation, Processing, and Disposal of Solid Waste generated with the incorporate limits of the Town, upon the terms and conditions set forth in the Agreement;
WHEREAS, for the first six (6) years of the Initial Term, the rate adjustments contemplated by Section 22.B. of the Agreement are fixed at 5.6%;
WHEREAS, since the execution of the Agreement, the CPI-U has materially increased in excess of what the Parties ever anticipated;
WHEREAS, the Parties agree and acknowledge that the fixed 5.6% rate adjustment set by Section 22.B. is not adequate to cover the increased costs experienced by Contractor since the effective date of the Agreement; and
WHEREAS, the parties desire to amend the Agreement to revise the terms of Section 22.B. to address the increase in the CPI-U starting on January 1, 2023, through January 1, 2026.

AMENDMENT

NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE

RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE TO AMEND THE AGREEMENT, AS FOLLOWS:

1. Incorporation of Recitals. The foregoing recitals are agreed to, accepted and incorporated herein by reference.

2. Amendment to Section 22.B. (Rate Adjustments). The Town and Contractor hereby agree to amend Section 22.B (Rate Adjustments) of the Agreement to provide that, from January 1, 2023, through January 1, 2026, in addition to the fixed 5.60% rate adjustment contemplated by Section 22.B., the rates to be paid to Contractor for Bins, Multi-Family Containers, Yard Waste Containers, Recycling Containers, and Single Family Containers and Transfer Station rates set forth in Exhibit B shall also be increased by an amount equal to one hundred percent (100%) of the percentage change in the Consumer Price Index, series CPI-U for the Los Angeles-Long Beach-Anaheim area published by the Bureau of Labor Statistics of the U.S., Department of Labor; provided, however, that (i) such additional increase shall be subject to

FIRST AMENDMENT TO SOLID WASTE SERVICES AGREEMENT Page 2 compliance with the notice and protest requirements of Article XIIID, Section 6, of the California Constitution; (ii) no such additional rate increase shall be less than one percent (1%) or more than four percent (4%); and (iii) no such additional rate increase shall be granted if a majority protest has occurred, pursuant to Article XIIID, Section 6, of the California Constitution.

3. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument.

4. Ratification. All terms and provisions of the Agreement not amended hereby, either expressly or by necessary implication, shall remain in full force and effect. From and after the date of this Amendment, all references to the term “Agreement” in this Amendment and in the original Agreement shall include the terms contained in this Amendment.

5. Conflicting Provisions. In the event of any conflict between the original terms of the Agreement and this Amendment, the terms of this Amendment shall prevail.

6. Authorization. Each party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered. [Remainder of page intentionally left blank;
Signature page immediately follows.]

FIRST AMENDMENT TO SOLID WASTE SERVICES AGREEMENT Page 3 IN WITNESS THEREOF, the Town and Contractor have executed this First Amendment to Solid Waste Services Agreement this 16th day of November 2022.

TOWN:

TOWN OF MAMMOTH LAKES
By: ______________________________
Town Manager
Daniel C. Holler
ATTEST:

By: _____________________________
Town Clerk
Jamie Gray
CONTRACTOR:

MAMMOTH DISPOSAL COMPANY
By: _________________________________
Regional Vice President
Daniel Schooler
By: _________________________________
Its: Assistant Secretary

1 TOWN COUNCIL STAFF REPORT
Title: Amended Lease Agreement between the Town of Mammoth Lakes and the Mammoth Lakes Foundation related to property and facility uses.

Meeting Date: November 16, 2022
Prepared by: Daniel C. Holler, Town Manager
RECOMMENDATION:

Approve the amended lease agreement between the Town and Mammoth Lakes Foundation related to property and facility uses located at 100 College Parkway, Mammoth Lakes, CA.

BACKGROUND AND ANLYSIS:

The Town entered into a land use planning agreement with the Mammoth Lakes Foundation (MLF) properties owned by 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, remodel of the Edison Theatre and support space, a childcare facility, defined space for an outdoor amphitheater, a temporary dog park, a new parking lot, and on a separate parcel the potential for a snow storage area.

Edison Hall (includes the Theatre) is located at 100 College Parkway, Mammoth Lakes, CA 93546 on approximately 7.94 acres. The amended lease continues the management and defined uses and support of Edison Hall (Theatre operations) and addresses other plamned land uses.

The land use planning agreement anticipated additional agreements between the Town and MLF to address other planned uses. The proposed amendment addresses those uses on the

7.94 acres associated with Edison Hall. This includes the previously proposed uses including the planned childcare facility, amphitheater, temporary dog park and parking, and associated improvements. The Town has engaged an environmental planning firm to conduct required environmental review for such uses. The planned use of a separate parcel for snow storage is currently on hold.

The planned uses of the site were pursued following the discontinued work by MLF on a new larger performing arts theatre. This project has been re-designed to incorporate a remodeled Edison Theatre to support a new 250 seat performing arts auditorium and support space. A childcare facility is planned. The temporary dog park will meet a community need and retains the site for future housing. The added parking will support overall activities added to the site and in the area. Similar planned uses and amenities were identified several years ago in the South Gateway plan (2010). The 2020 plan incorporated several additional acres of land and substantially larger projects. While the scale of the

2 projects was reduced to meet realistic budgets and achievability, similar goals will be met under the proposed uses.

Project Updates
The Town is currently coordinating the management of the Edison Theatre and it is reopened for public uses. The current lease addresses the use and management of 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. MLF has completed other repairs to the facility. MLF is working with HMC Architects on a remodel of Edison Hall. The work will create support space for the new performing arts auditorium but will be a separate project. This includes adding restrooms, “green” room, a smaller area for staging smaller events, and space for ticketing and concessions. The tentative schedule for this work is to complete design and construction documents and be ready to construction early summer 2023. The remodel work will take an estimated six months. This project will be funded solely by MLF raised financial support.

The Town and MLF worked with AMS Planning & Research to prepare an updated Operating Forecast for the Performing Arts Auditorium. This work included reaching out to user groups, review of past forecasts and a shift in the operations from MLF to the Town.

This work has and will continue to inform the final design of the new Performing Arts Auditorium. The Schematic Design for the new space will be started in early 2023, with a construction time frame starting in Spring of 2024. The Town has committed $2.5 million of capital funding for this project from Measure U and ongoing support funding as well from Measure U. Additional funding will come from the College ($7.5 million) and private donors. To better meet the needs of user groups some additional Town funding may be requested.

Town staff is working with an architectural firm on the childcare facility. This includes planning/design for the site work and the relocation of up to six modular buildings from the High School area. The schedule is for the modular units to be moved by the end of June 2023 and ready for operations fall of 2023. This is an estimated 6,000+ sq. ft. facility with required outdoor space. The Town has committed $1.65M for the project. It is anticipated that some additional funding will be necessary to fully equip the building for operations.

An estimate for this work will not be finalized until the size and specific uses are finalized and requirements for certification are fully defined.

There is a growing interest to see the amphitheater built out as soon as possible. This is due largely to uncertainty on the use of current outdoor sites and potential to add productions and activities with a dedicated site. Staff supports moving this project forward as it addresses an expressed need and has been part of the planning process for this site for some time. The project will need to be refined to include staging, utilities, storage/support space, fencing and limited site preparation. The next steps will be to meet with potential user groups on design and prepare an initial cost estimate. The addition of this space to the arts community and for other uses is potentially doable this next summer, pending final design

3 and cost estimates. Having a secure site for current programming and the ability to expand programming is highly desired by local user groups.

The temporary dog park and additional parking area are planned to proceed summer/fall of 2023. The Town has committed $600,000 for the two projects ($200,000 and $400,000 respectively). The 1-acre dog park is identified as a temporary use, with the long-term plan to use the site for housing. The additional 40+/- parking spaces will support the noted uses.

The site will be reviewed for inclusion of EV charging stations.

Summary
The amended lease is the next step for the Town and MLF to pursue defined mutually beneficial land uses and facilities, which meet MLF’s mission and meets expressed community needs. Without the support of the Town Council, commitment of staff and engagement with key partners, none of the projects outlined above would be moving forward. Ongoing work will include designs and operating plans for each facility.

Additional agreements will be required with the implementation of the planned uses. The term of the lease extends through June 30, 2027. Staff is recommending approval of the amended lease. The lease amendments have been reviewed by MLF and legal counsel.

1 TOWN OF MAMMOTH LAKES

FIRST AMENDED AND RESTATED LEASE AGREEMENT

WITH MAMMOTH LAKES FOUNDATION
FOR PROPERTY AND BUILDING LOCATED AT 100 COLLEGE PARKWAY This First Amended and Restated Lease Agreement ("Lease") is entered into on November 16, 2022 ("Effective Date"), by and between the Town of Mammoth Lakes, a municipal corporation, located at 437 Old Mammoth Road Suite 230, in Mammoth Lakes, California ("Town"), and Mammoth Lakes Foundation, a California non-profit public benefit corporation, located at 100 College Parkway, in Mammoth Lakes California ("MLF"). The Town and MLF are also referred to in this Lease individually as a "Party" or collectively as the "Parties."

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

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

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

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

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

2 F. The Town and MLF have previously entered into a lease agreement regarding the Property, dated July 1, 2022 (the “Original Lease”), and have entered into a Land Use Planning Agreement regarding the Property (“Planning Agreement”).

G. The Town and MLF now wish to amend and restate the Original Lease, as set forth herein, in order to provide for additional uses of the Property by the Town and to insert certain implementing provisions regarding such additional uses. All references herein to the “Lease” shall mean this First Amended and Restated Lease Agreement.

TERMS AND CONDITIONS

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

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

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

2. Payments and Maintenance.

2.1 Rent Payments. The Town shall pay to MLF, as rent, the sum of two thousand two hundred fifty dollars ($2,250) per month (the "Base Rent Payment"). The first rent payment shall be due and payable on the Commencement Date. Subsequent rent payments shall be due and payable on the 10th day of each calendar month throughout the term of the Lease. Beginning on July 1, 2023, the Base Rent Payment shall increase by three percent (3%) per year. In the event that the Town constructs a childcare center on the Property pursuant to Section 4.7, the Town and MLF shall meet to negotiate an increase to the Base Rent Payment. It is the intent of the Town and MLF that a private childcare operator pay a reasonable sum of rent for the use of the Property.

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

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

3 2.4 Snow Removal. The Town shall provide for or contract for snow removal for the existing parking area adjacent to Edison Hall, as necessary for its use of Edison Hall as provided for in this Lease. Snow removal will be done at the Town’s discretion, provided that the Town shall use it best efforts to ensure that snow is removed from roadways and parking areas when it reaches a depth of 6", and from sidewalks and building entryways when it reaches a depth of 4".

2.5 Edison Hall Maintenance. The Town shall provide for the following items of basic maintenance and cleaning services for Edison Hall:
i. maintaining proper functioning of windows and doors, and the replacement of broken hardware or glass;
ii. maintaining proper functioning of restroom facilities (excluding the repair or replacement of water or sewer lines);
iii. maintenance of HVAC systems (excluding replacement); iv. repair of damage caused to Edison Hall caused by the Town or others whose use of Edison Hall has been authorized by the Town (excluding any damage caused by MLF or its guests or invitees); and
v. cleaning of Edison Hall.

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

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

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

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

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

4 4. Uses of Property.

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

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

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

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

4.5 MLF's Responsibilities for Edison Hall. MLF shall continue in its name and pay for the following utility services throughout the term of the Lease: water and sewer

5 service, electric service, propane, and trash/recycling services; and for the cleaning and maintenance of the office spaces depicted in red and green in Exhibit B.

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

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 A as part of the future MACC site. The Town shall not be obligated to construct any of the following 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 temporary dog park on the portion of the Property identified as a dog park site in Exhibit C, 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, remove all improvements other than the parking lot and stabilize the site by installing sediment containment items 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 C. 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 up to six portable structures to the Property for use as a childcare center and install them on the Property in the locations generally identified in Exhibit C 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 C as being part of the childcare center footprint.
iv. Contingent upon 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 C as being the site for an amphitheater. The Town and MLF shall work together to plan the amphitheater in the event that the Town wishes to proceed with an amphitheater.
v. The Town may bring one additional portable structure to the Property for use as a support structure for the MACC

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

6 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.

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 for MLF’s approval. To the extent that the Town develops operating plans for constructed improvements, the Town shall provide MLF with copies of such plans for MLF’s review.

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.

5. Discrimination. The Town covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, use, occupancy, tenure, or enjoyment of Edison Hall, nor shall the Town itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of the Town.

6. Conditions of Property and Disclaimer of Liability.

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

6.2. Accessibility. MLF shall be liable for any and all fines, penalties, citations, and damages imposed or awarded as a result of the failure of Edison Hall or the Property to comply with accessibility standards of the Americans with Disabilities Act and/or California law (“Accessibility Claims”). To the fullest extent permitted by law, MLF shall defend, indemnify, and hold the Town, its directors, officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any Accessibility Claims, including without limitation the payment of all expert witness fees and attorneys' fees and other related costs and expenses. MLF shall reimburse the Town and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. MLF’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Town, its directors, officials, officers, employees, agents, or volunteers. Pursuant to California Civil Code Section

7 1938:
“A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or MLF may not prohibit the Town or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Town or tenant, if requested by the Town or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.”

6.3 Damage or Destruction of Premises; Repairs and Maintenance. Unless as the result of negligence or intentional unlawful act of the Town, if during the term of this Lease, any portion of Edison Hall shall be damaged by fire or other catastrophic cause, so as to render such portion of Edison Hall untenable, then the obligations under this Lease may be suspended while such portion of Edison Hall remains untenable. In the event of such damage, the Town shall give MLF notice of such untenable conditions and MLF shall elect in its sole discretion, whether to repair Edison Hall or to cancel this Lease with respect thereto. In the event that MLF elects not to repair Edison Hall or portion thereof, this Lease shall be deemed canceled as of the date the damage occurred with respect to the applicable portion(s). In the event such damage is not repaired within ninety (90) days and that such damage impairs the Town’s ability to conduct its operations, the Town shall have the option to terminate the Lease.

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

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

8 indemnify, defend, and hold the Town, its officers, employees, agents, successors and assigns, volunteers, and guests, free and harmless of and against any and all claims, liability, loss, damage, or expenses resulting from the occupation and/or use of the Property by MLF or its invitees.

8. Insurance.

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

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

8.3 The Town shall furnish to MLF properly executed certificates of insurance which evidence all Required Insurance within 30 days of the Effective Date of this agreement. Licensee shall maintain the Required Insurance at all times while this Lease is in effect, and shall replace any certificate, policy, or endorsement which will expire or does expire, within ten (10) business days thereof without a lapse in coverage. The Town shall forward any notice of cancellation to MLF within two (2) business days from date of receipt by the Town. The Town's failure to forward MLF any notice of cancellation issued to the Town shall be considered a breach of this Lease. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to MLF, its directors, officers, employees, agents, and volunteers. Unless approved in writing by MLF, the Town shall place the Required Insurance with insurers licensed or authorized to do business in the State of California and with a current A.M. Best rating of at least A-, subject to the Town’s right pursuant to Section 8.1 to obtain coverage provided by the Town’s participation in a joint powers self-insurance authority.

8.4 MLF shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage to Edison Hall in the amount of the full replacement value thereof, insuring against all perils included within the classification of fire, extended coverage,

9 vandalism, malicious mischief, special extended perils (all risk excluding earthquake), and sprinkler leakage. MLF shall obtain an endorsement naming the Town as an additional insured under any such policy or policies.

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

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

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

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

10. Attorneys’ Fees. If either Party files a legal action to enforce or interpret the Lease, or the Parties' respective rights and obligations pursuant to the Lease, then the prevailing Party shall be entitled, in addition to any other relief the court may grant, to recover its reasonable

10 attorneys’ fees and costs of suit, including any fees or costs incurred on appeal or in an effort to enforce a judgment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

MLF AND THE TOWN HAVE CAREFULLY READ AND REVIEWED THIS LEASE

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

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

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

TOWN
Town of Mammoth Lakes, a municipal
corporation
By:

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

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

Name: _________________________
Title: __________________________
Date:

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

14 EXHIBIT A
(Draft – Subject to Change)

15 EXHIBIT B

16 EXHIBIT C

CONCEPTUAL DEVELOPMENT PLAN

1 TOWN COUNCIL STAFF REPORT
Title: Presentation and Town Council direction on planning, design, and construction options for New Town Offices.

Meeting Date: November 16, 2022
Prepared by: Daniel C. Holler, Town Manager
RECOMMENDATION:

Provide Council comments and direction on planning, design, and construction work program for the development of new Town Offices.

BACKGROUND:

Council has requested staff bring forward options for a new Town Office Facility. Initial funding was allocated to prepare a preliminary rendering, space plan, and preliminary cost.

The location of the new facility is at the Civic Center site which already includes the Courthouse, Police Department, County Offices, and the existing church. The site was acquired from the Forest Service in 2007 for this purpose along with an expansion of the Hospital. The site is referred to as the McFlex Parcel or Civic Center site.

In the purchase agreement for the property between the Town, County, and Hospital, the following items were included in the program assumptions for future development of the site:
 Police Department (completed)
 Superior Court (completed)
 County Offices (completed)
 Town Offices (preliminary plans)
 Hospital addition (concept plans)
 Civic Plaza (small scale planned with Town Office)
 Parking (completed with each phase)
The Hospital has expanded their parking area and have concept plans in place to expand the Hospital. Today, we would add to the list a minor mobility hub with transit connections and EV charging stations. The property is already served by the Town’s Multi Use Path (MUPs) network. The co-location of these public services would create a comprehensive “Civic Center” location and is defined as such in the Town’s General Plan.

The location of the Town Offices would be generally located between Sierra Park Road and the County Offices and to the south of the Court House. The presentation shows the location of the property and how the offices would be placed on the site.

2 ANALYSIS:

Initial site planning
In April 2017, the Town and Mono County worked with HMC Architects to conduct a design charrette for future office facilities on the McFlex parcel. The purpose of this process was to understand how uses could be shared between the Town and County, and identify spatial needs, infrastructure, pedestrian and vehicular access, and parking needs.

This design was used as the basis for Mono County’s project. The Town decided not to proceed with the County at that time. Staff has had several discussions with County staff and there are several takeaways that will assist the Town. The space analysis provided a baseline for the proposed Town Offices. The space plan has been updated and will still need additional refinement. Staff is looking for Council comments on the exterior and overall design and generally on the space plan.

Some of the overarching goals identified in the preliminary design effort include:
 Public Spaces should be a joy to the community
 Efficient use of space
 Support collaboration
 Flexibility in design and forward thinking
 Comfortable work environment
 Back of house may be more utilitarian
 Building is inviting and forward facing to the community  Inside and outside is to be welcoming to the community and employees  Opportunity to acknowledge the special place that is Mammoth Lakes  Creates a connected Civic Campus
 Easy Wayfinding – inside and outside
The concept design generally incorporates these goals. It provides a hybrid of traditional office space with the use of more open and shared spaces for collaboration and customer engagement. The design is split between a 1+ story for the Council Chambers and flexible meeting space, connected with a lobby area to a 2-story office space providing an inviting atmosphere for the public. Current and future space needs are accounted for through the design. The outside areas, parking and access are designed to accommodate our weather, public access, and usable space. The functionality of building operations, utilities, workspaces, and support areas are designed for efficiency and adds to the overall ‘comfort’ of the building. Energy efficiency options will be considered but may be limited based on capital costs, such as solar and ground sourced heat pumps. A decision will need to be made on designing the council chamber to meet standards for essential services such as emergency operations center, which will have increased costs due to the increased structural requirements.

The attached presentation outlines the current planning and design efforts. Staff and HMC Architects will be available to present this information and address questions.

3 FINANCIAL CONSIDERATIONS:

The cost estimate for constructing new Town Offices may is estimated at $18M, plus $5M for the soft costs and contingency. The total projected, all-in cost is in the $23M range. The final design and construction costs will depend on final square footage, bidding climate, and construction costs. The initial building size is 15,000+ square feet. Additional details are included in the attached presentation. It is a conservative estimate, as future costs are difficult to project. As part of the Capital Improvement Program (CIP) $1.9M was set aside for the architectural design and schematic work. If the Council consensus is to move forward, these estimates will be refined along with the building design based on comments received and ongoing staff review.

Construction of the new building is anticipated to be debt funded. Staff is working with our outside financial advisor and bond counsel to determine the preferred financing structure.

The overall financial goal is to use a structure that has very limited impact on current operating budgets. Our target is $200,000 or less, which is achievable based on current cost and debt estimates. Some additional one-time funding is also required on the front end to complete construction plans and will depend on the final debt structure, term, and interest rates. Current estimates include a 25-year debt to net $21M with interest rates in the 5% range.

Debt issuance is still 6 to 9 months out and would be pursued once the design of the facility is complete and ready to move to construction drawings with an updated cost estimate.

Based on the information available at that time, Council may direct the project proceed or be put on hold. Prior to the actual issuance of debt, the Council will have one more opportunity to proceed or put the project on hold. The design costs will be incurred as will some financial and legal fees. The proposed structure is to roll current debt payments into the new debt payments as outstanding debt is retired and the use of current lease/net CAM payments. The bond structure has lower payments in the early years with increased payments as current debt is retired and folded into the new payment. Interest rates will also determine the financial viability of issuing debt.

The proposed structure leverages current debt payments further into the future, limits the use of current operating budgets, and continues to allow Council the opportunity to invest larger than anticipated revenue and savings in priority projects. This follows the current budget philosophy, practices, and financial management. This approach over the past several years has resulted in the Town investing millions of dollars in housing programs and projects, funding deferred maintenance and new capital projects, and being able to support our community needs through the COVID-19 pandemic. The Town has taken an active leadership role investing in the areas of outdoor recreation, municipal recreation, arts and culture, childcare, solid waste, emergency communications, and maintaining/enhancing core Town services. Staff is committed to working with Council to ensure that the investment in new Town Offices continues this level of fiscal management and investment opportunities in the community.

4 Current Office Space Costs
The base rent for the current office space is $1.40 per square foot. The Town pays a base Common Area Maintenance (CAM) fee of $0.52 per square foot. The rate is adjusted each year to reflect actual costs. For the 21-22 lease year the CAM charge was $167,000. The lease payment for the 22-23 year will be $304,227.20, based on some reduction in space.

Assuming similar CAM charges the Town will pay approximately $471,000 for the 22-23 lease year. The lease runs from October 1 to September 30. Each year the rent will increase based on the defined Consumer Price Index by a minimum of 3% and a maximum of 7%.

The current lease extends through September 2025, with two, one-year extensions. The building needs some deferred maintenance work over the next year, estimated at $125,000 to $175,000. This is for carpet replacement, painting, minor ADA improvements, restroom makeover, and other minor repairs.

Timeline
The current lease structure was based on initiating the design of the new offices this winter with completion programed for late summer/fall of 2025. The additional time on the current lease allows for changes in construction schedules, financing, and overall economics. As noted above, if needed the current lease may be extended by two, one-year terms. The presentation outlines the projected timeline.

Options
Staff is requesting Council discussion and direction regarding proceeding with the planning, design, and construction of a new Town Office. The following options are designed to assist the Council in their discussion.

Option 1: The Town Council provides consensus on continuing the planning and design process for new Town Hall Offices, with comments received and for additional information to be provided regarding construction and financial timing options based on updated designs. The goal would be to complete the new Town Offices by September 2025.

Option 2. The Town Council may request the process continue but at a slower pace with the goal of completing the project by September 2026. This will provide additional time to reduce some economic uncertainty, financing unknowns, and to spend more time in the design. The delay will likely not reduce the estimated overall cost of the building.

Option 3: The Town Council may direct staff to stop work on a new Town Hall Office and provide direction to pursue options for a long-term lease of current office space. If this is the direction, additional investment in the current building in addition to the amount noted above, is recommended.

Town of Mammoth Lakes
Civic Center

11.10.2022





T
Legend

EXISTING BUILDINGS

PARKING

FUTURE PARKING










10’ WIDE ELEC. EASEMENT

BUILDING ENTRY

SITE ENTRANCE


P
P
P
P
P
P
P
P















SITE PLAN
N

CONCEPTUAL BUILDING PROGRAM ROUGH ORDER OF MAGNITUDE (ROM) BUILDING TOTAL: 15, 767 SF TOTAL PROJECT COST: $23,745,301

1 2
55'-0"
3 4
23'-6" 69'-0" 20'-0"
5 6

FIRST FLOOR PLAN

COUNCIL

CHAMBER

LARGE MEETING
ROOM

STORAGE

MEETING

ROOM DATA
R.R

MEETING LOBBY
ROOM

PUBLIC COUNTER

PRIMARY
LOBBY
ENTRY

SECONDARY
LOBBY
ENTRY

EMPLOYEE
ENTRY

PUBLIC SPACE BACK OF HOUSE
MAIL
ROOM
VAULT
MUD
ROOM
CHANG.

OFFICE MEETING
ROOM
BREAK
ROOM
R.R
WOMEN
R.R
MEN

CORRIDOR
CHANG.

STORAGE

OFFICE DIRECTOR OFFICE OFFICE OFFICE
ELEC.

ELEV.
0 10 20 40
N

ACCOUNTING OFFICE OF OUTDOOR RFC

COUNCIL PLANNING

ADMINISTRATION PARKS AND REC

HR/PAYROLL PUBLIC WORKS

LOBBY REVENUE TEAM
SHARED
LEGEND

UP
UP
1 2
3 4 5 6
23'-6" 69'-0" 20-'0"
55'-0"

OFFICE OFFICE DIRECTOR OFFICE OFFICE

DIRECTOR

DIRECTOR DIRECTOR BREAK ROOM

BALCONY
R.R
WOMEN
R.R
MEN
TOWN

MANAGER MEETING STORAGE
ROOM
ELEC.

ELEV.

WORK ROOM
MANAG.

OPEN TO BELOW

ROOF AREA

SECOND FLOOR PLAN

ACCOUNTING OFFICE OF OUTDOOR RFC

COUNCIL PLANNING

ADMINISTRATION PARKS AND REC

HR/PAYROLL PUBLIC WORKS

LOBBY REVENUE TEAM
SHARED
LEGEND
0 10 20 40
N

January 2023 January 2024 January 2025
Environmental
Study
Grading:

Fall 2023
Construction:

Spring 2024
8 mo
2 mo
2 mo 8 mo

1.5 mo

OCCUPANCY
AUGUST 15,
2025
15 mo

NOTICE TO

PROCEED
DEC 15,
2022

DESIGN CONSTRUCTION DOCUMENTS

CONSTRUCTION

PROJECT SCHEDULE

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.