Town Council Agenda
Wednesday, November 16, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:
Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, Councilmember Kirk Stapp
NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (760) 965-3602. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 13.102-35.104 ADA Title II)
NOTE: Materials related to an item on this agenda submitted after distribution of the agenda packet are available for public inspection in the Town Offices located at 437 Old Mammoth Road, Suite 230 during normal business hours. Such documents are also available on the Town of Mammoth Lakes website at www.townofmammothlakes.ca.gov subject to staff’s ability to post the documents before the meeting.
NOTE: All comments will be limited to a speaking time of five minutes.
NOTE: This meeting will be conducted pursuant to the provisions of Assembly Bill 361 which amends certain requirements of the Ralph M. Brown Act. While Suite Z is still open to the public, it is strongly encouraged that you watch the Town Council meetings on the Town of Mammoth Lakes' website at www.townofmammothlakes.ca.gov , on the local government cable channel 18, or via Zoom. Public comments can be submitted to the Town Clerk at [email protected]. before and during the meeting.
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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENTS
The Public Comment portion of the agenda provides the public with an opportunity to address the Town Council on matters not otherwise listed on the agenda. Under California law the Town Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the Town Council may briefly respond to comments or questions from members of the public. Therefore, the Town Council will listen to all public comment, but will not generally discuss the matter or take action on it. Requests for service from the Town may also be made at the Town offices during regular business hours.
Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration.
4. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED)
6. PUBLIC PRESENTATIONS
6.1. Joint Meeting with the Mammoth Lakes Tourism Board – Review Annual Report and Marketing Campaigns. (1.5 hours)
7. STAFF PRESENTATIONS
7.1. Presentation on 2022-23 Snow Management.
8. CONSENT AGENDA
8.1. Approve the minutes of the regular meeting of November 2, 2022.
8.2. Approve the resolution re-authorizing the Town Council to meet virtually during the COVID-19 pandemic declared emergency.
8.3. Approve the Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association (“MLPOA”), which shall be in effect from July 1, 2022, through June 30, 2025.
8.4. Approve and adopt Resolution No. 22-XX establishing the fiscal year 2022-23, 2023- 24, and 2024-25 compensation schedules for the Mammoth Lakes Police Officers’ Association (“MLPOA”).
8.5. Waive the reading and adopt by title only the ordinance amending Chapters 3.12 (Transient Occupancy Tax) and 5.40 (Transient Rentals of Residential Units) updating Citation Limits for Health and Safety Violations.
8.6. Accept Check Register 10/27/2002 in the amount of $220,842.64. Accept Check Register 11/03/2022 in the amount of $806,330.82. Accept Check Register 11/10/2022 in the amount of $207,447.13.
9. PUBLIC HEARINGS
Public Hearing Procedure.
The Mayor will open the public hearing and then: Statement and presentation by staff.
Statement and presentation by property owner or appellant. Questions from the Town Council. Call for testimony. Rebuttal to previous testimony by property owner or appellant.
Close the public hearing, terminating public testimony. The Town Council will deliberate the matter and arrive at a decision.
9.1. Public hearing to consider a grant application for the State Permanent Local Housing Allocation program.
10. POLICY MATTERS
10.1. Resolution providing $25,000 in emergency one-time funding to the Southern Mono Historical Society.
10.2. Consideration of an Ordinance Adopting and Amending the 2022 California Building Standards Code and making minor changes to Chapters 15.04, 15.12, 15.16, 15.24,
15.40 of the Mammoth Lakes Municipal Code and consideration of a resolution ratifying the
Mammoth Lakes Fire Protection District’s ordinance adopting the 2022 California Fire Code with certain local amendments.
10.3. 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.
10.4. Amended Lease Agreement between the Town of Mammoth Lakes and the Mammoth Lakes Foundation related to property and facility uses.
10.5. Presentation and Town Council direction on planning, design, and construction options for New Town Offices.
11. COUNCILMEMBER REPORTS
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities
12. CLOSED SESSION
12.1. Pursuant to Government Code Section 54957, the Council will hold a conference to consider evaluation of a public employee: TownManager.
13. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
14. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, December 7, 2022 at 4:00 p.m.
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Joint Meeting with the Mammoth Lakes Tourism Board – Review Annual Report and Marketing Campaigns.
Council Meeting Date: 11/16/2022
Prepared by: Rob Patterson – Administrative Services / Finance Director Recommended Motion: No Action – Joint Discussion and Presentation only.
Summary:
The Town Council and Mammoth Lakes Tourism (MLT) Board of Directors are scheduled to meet on a quarterly basis to discuss important topic emerging in our marketing plans as well as planned discussions as a part of the annual planning calendar and contract. The meeting slated for the fall includes a recap of the previous year, including accomplishments and highlights. In addition to the presentation, MLT has provided an update on the specific accomplishments related to the deliverables agreed upon at the start of FY21-22. This recap will not be covered in detail during the joint meeting but is attached for your review and any questions can be addressed during the workshop. MLT will also provide a presentation of the new marketing strategy for FY22-23, delving into the strategy and background of the campaigns presented to the community in September.
Attached:
1. Deliverable Review
2. Annual Recap Presentation
3. Marketing Campaign Presentation
Mammoth Lakes Tourism
FY2021-22 – DELIVERABLES REPORT
The FY21-22 Deliverables reflect MLT's Commitment to a Community First approach in presenting the Town of Mammoth Lakes to our residents and visitors and in maintaining our brand awareness in existing and growing markets.
1. Sustainable Revenue Generation
a. The Town of Mammoth Lakes continues to thrive on visitation and the revenues associated with that visitation. Mammoth Lakes Tourism will continue to work to maximize revenues for business and the Town while playing a major role in stewardship and responsible travel.
b. Increased revenues do not automatically mean increased visitation numbers and MLT will work with the Mammoth Lakes Chamber of Commerce to continually educate our businesses on revenue and yield management. c. More people or 100% occupancy is no longer the goal; the goal instead is focused on enhancing the experience of our visitors, and our locals, while maximizing revenues.
d. MLT will focus on education of responsible travel to our core Southern California visitors while focusing on destination visitors who will fill need times during the year, staying longer and spending more per trip.
2. Brand & Community Awareness — Responsible Travel & Visitor Education a. Promote 7 principles of Leave No Trace and stewardship messaging to visitors both before they arrive, and while in Town.
i. Specific social media campaign with engagement increases of 12% compared to summer 2020 as part of sustainable recreation message.
Achieved – “Hug What You Love” video views were tracked with an average view rate of 77%, above the summer actual of 62%
b. Actively promote alternative activities and locations to limit overcrowding in popular recreation areas.
i. Develop web-based map program to feature more diverse geographic area for summer/fall activity to alleviate crowding of popular trailheads, waterways, and activities.
Achieved – map launched July of 2021. The focus for the summer of ’22 changed with lodging properties reporting slower than average pacing, so we focused all marketing efforts on driving visitation. ii. Target of 5,000 map interactions, which would be a 1.6% click rate based on the number of pageviews for the summer/fall pages.
Missed – total number of interactions were 4,656. Down 7% to goal. See above note.
c. Continue strong local marketing focus on Walk, Bike, Ride and ESSRP initiatives to reduce traffic congestion and pollution while enhancing the guest experience.
Achieved – Multiple local/social/web campaigns highlighting alternative transportation options.
d. Public Relations will continue to work with journalists to include responsible travel and education messaging in earned media placements.
Achieved – From July 2021-May 2022 we continued to only host media if they agreed to promote stewardship in their stories. When summer 2022 kicked off, we did ease back into a recommendation to follow suit with paid marketing.
3. In-Market Communications — Local Promotion and Advertising Programs a. Work closely with Mammoth Lakes Chamber of Commerce and Mammoth Lakes Restaurant Association to create advertising plan to promote special offers.
Achieved – Special offers this year saw a xxx% increase over last year. b. Create advertising and promotion plan for local outreach both to residents and visitors for restaurants, retail, activities, gift cards, air programs, events, etc. i. Utilize local print, broadcast, and paid social advertising, as well as in market signage to promote local businesses, programs, and stewardship messaging.
Achieved – used radio, social, PO Box flyer for air service and brought on additional 12 businesses using the Yiftee gift card
ii. Track pass-throughs to local businesses and events and achieve 6% increase over 2018-19 actuals.
Missed – increased by 1.7%
c. Work with MLCC and MLT board retail representative to develop Retail Association.
Missed- lack of engagement this year from the retail sector to form this association.
MLCC & MLT still pursuing for next year.
4. In-Market Engagement — Public Engagement and Outreach a. Continue monthly Community Coffee events — reassess virtual versus in-person at beginning of new fiscal year, depending on the latest COVID-19 protocols and community response.
Achieved – we continued Community Coffee, virtually, throughout the fiscal year b. Distribute 5-in-5 weekly via email — grow email distribution list by 5 percent.
Achieved – continued weekly distribution and grew list by 9 percent c. Monthly Tourism Insights email — grow email distribution list by 3 percent.
Achieved – continued distribution and grew list by 9 percent
d. Return to providing seasonal business messaging emails (Snowfall, fires, covid19 etc.).
Achieved – we provided snow messaging emails last winter e. Host annual MLT open house (assess whether virtual or in-person is more appropriate at beginning of new fiscal year) — educate the community on strategy, programs, and results.
Achieved – we hosted an open house in May to get back in front of the community face-to-face
f. Re-evaluate developing a board engagement or board role within the community.
Achieved – while we continue to work on this, we did start having the board become involved in our regular Town Council updates.
5. In-Market Engagement — Local Partnerships
a. Share 50% cost of annual fish stocking program with the Town of Mammoth Lakes, up to $50,000 per year.
Achieved - For summer 2021 – funding or 2022 came from TOML general fund not MLT
Support the highly visible Community Host program with $100,000 of funding for program to inform visitors and promote stewardship.
Achieved - For summer 2021 – funding or 2022 came from TOML general fund not MLT
6. In-Market Communications (B2C) — Banners
a. Work with TOML to develop consistent holiday decoration for winter 2021-22 by finishing the snowflake project started in 2019-20. Work with TOML to be sure each Town light pole on Main St. and Old Mammoth Road has power to support illuminated snowflakes.
Achieved – Town has contracted with Dekra Lite to facilitate instillation & maintenance
b. Ensure consistent quality banner product promoting 4-seasons and work with TOML to replace broken banners and hardware as needed.
Achieved – worked closely with town to communicate banners status and order new ones
7. Brand & Community Awareness — Domestic Marketing
a. Return the following metrics to pre-Covid-19 metrics using 2018-19 (unless otherwise noted) as baseline. Email database growth increase 8% as compared to 2019-20 numbers.
Achieved – grew database by 16.6% from 35,406 subscribers to 41,304 subscribers.
b. Website page views increase 6%.
Missed – down overall by 19.4%
c. Website unique users increase 15%.
Missed – down overall by 15.6%
d. Website pass-through increase 6%.
Missed – increased by 1.7%
8. Brand & Community Awareness — Multi-Season Opportunities a. Focus on Fall months to re-establish and stabilize TOT revenues in September at $1 million and October at $700,000 for 2021.
Missed – September fell short due to second year of forest closure – hit $830,401 in TOT Achieved – October exceeded $700,000 coming in at a record $867,594 in TOT b. Continue to promote fall for media visits to expand story placements away from busiest times of year.
Achieved – fall media visits continue to grow in interests
9. Brand & Community Awareness — Public Relations / Communications a. Goal of 5% growth in impressions domestically over 2018-19.
Achieved – impressions grew by 15% over 2018-19
b. Work to secure one major media conference for 2022 or 2023.
Achieved – Midwest Travel Journalists Association was hosted in October 2022 c. Return to promoting high altitude training exposure through crib visitation and collaboration with Mammoth Track Club (Olympic focus).
Achieved – We hosted 43 athletes in 2021-22 – back to pre-pandemic levels.
Several athletes we MTC athletes
10.Experience & Attractions — Event Promotion/Support
a. Develop event promotion and advertising plan based on operating limits for events moving forward post-Covid-19.
Achieved – full event promotion in 3 different marketing styles. b. Re-hire Event Director position to aid events in redevelopment within new criteria.
Achieved – promoted Dakota Snider to Special Events Manager c. Reassess event grant funding process and metrics to distribute to local events and develop a diverse panel for grant funding allocations. All events will depend on Covid-19 protocol and must follow those guidelines set forth to receive funding for their event.
Achieved – added new diversity to the Special Event Funding Committee & enforced public health and safety guidelines.
11. Access & Transportation Awareness — Air Access
a. MLT to support MMH Airport and air service through marketing efforts, airline contracting, and subsidy negotiation and payments.
Achieved- Supported with $500,000 in paid media and supported with subsidy payments for both carriers.
b. Maintain scheduled charter air service to Mammoth Yosemite Airport (MMH) for 2021-22 winter season. Explore possible scheduled charter service for summer 2022. Efforts support longer-term goal to reach 10,000 enplanements with target for FY21-22 of 4,500.
Achieved – resumed scheduled charter service and added summer 2022 service to MMH Missed – only achieved 2,425 enplanements
c. Partner in the planning of commercial air service plan for Bishop Airport (BIH) for winter 2021-22 beginning in December 2021. Explore possible commercial air service for summer 2022.
Achieved – BIH Service began December 19, 2021, and summer began June 4, 2022 d. Air service subsidies will be supported primarily from TBID resources.
Achieved – Majority of air subsidy funding at both MMH and BIH came from TBID funds
12. Access & Transportation Awareness — Air Service Promotion a. Partner with local businesses to promote reliable and consistent commercial air service to BIH and Scheduled Charter service to MMH.
Achieved – worked with local radio stations, local newspapers, and PO Box mailers to promote air service.
b. Focus on scheduled charter service to MMH from key California/regional cities.
Achieved – focused marketing efforts on Southern California markets, and worked with local DMOs in those markets to provide special offers. c. Promote air service through earned media placements.
Achieved – we received 19 placements on air service with 8,320,002,849 impressions d. Continue focus efforts on one new destination market area to expand air service and Mammoth Brand connection to new audience.
Achieved – Denver doubled in awareness, and our relationship with United/INK Global put us in a position to focus on in-airport marketing in Newark, Denver, and San Francisco.
e. Promote locals air discount programs to encourage both commercial and scheduled charter flying.
Achieved – worked with local radio stations, local newspapers, and PO Box mailers to promote air service.
f. Increase number of locals' discounts codes requested/distributed by over winter 2019-20.
Achieved – Winter 19-20 we gave out 229, and this year we capped out at the 500 that United originally gave us.
13. Access & Transportation Awareness — Regional Mobility a. Assist with private/public transportation plans for air service passengers arriving at BIH to be in place by October 2021 for commercial air service starting December 2021, including work with Enterprise & National rental car providers.
Achieved – transportation agreements were put in place well before the first flights c. Assist in coordination of transportation needs to MMH with scheduled charter and general aviation service for 2021-22 to provide adequate taxi, hotel, and lodging vans and rental cars available to visitors and residents.
Achieved – flight diversion transportation was coordinated after service began
14. Brand & Community Awareness — International Marketing a. Work with Visit California efforts to re-establish visitation from key international markets with initial focus on United Kingdom, Australia, Canada, Mexico, and mainland Europe as available Utilize Uber Media and Visa Vue reporting to track international spending and visitation.
Achieved-partnered with Visit California on 4 sales mission, and 3 media visits Achieved-Uber Media and Visa Vue moved to Domestic Marketing world b. Maintain Mammoth Brand presence in international markets in preparation for responding to pent up travel demand 12-24 months out.
Achieved-MLT participated in numerous international sales missions, conferences, and events to promote Mammoth Lakes
N O V E M B E R 1 6 , 2 0 2 2
M A M M O T H L A K E S T O U R I S M Page 12 of 267
2 M A M M O T H L A K E S T O U R I S M
3 • MLT Financial Overview • Air Service • Departmental Reports • Communications • International • Special Events • Marketing • TBID Annual Report
J U L Y 2 0 2 1 - J U N E 2 0 2 2
• TOML Funding = $2,448,313
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
08-09 09-10 10-11 11-12 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 est Overall TOT Growth
-------TOT Annual Average $10.7m-------
-------TOT Annual Average $18.7m-------
$536,778
$1,044,592
$145,500
$257,125
$293,500
$170,818
ADMINISTRATIVE MARKETING OVERHEAD COMMUNICATIONS INTERNATIONAL SPECIAL EVENTS Measure A Expense Allocation
• TOML Funding = $2,448,313
22%
42.6%
5.9%
10.5% 12%
7%
$0
$50,000,000
$100,000,000
$150,000,000
$200,000,000
$250,000,000
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 est Annual TBID Revenues by Segment
Lodging Retail Restaurant Ski Area
$471Million!!!
$209
Million
$1,294,670
$1,070,825 $1,096,800
$1,330,665 $1,353,676
$1,661,964
$1,403,216
LODGING RESTAURANT RETAIL SKI AREA
2021-22 TBID Revenue Budget vs. Actual
Budget Actual
$2,031,006
$439,578
$4,104,908
$95,859 $47,200 $88,500
ADMINISTRATIVE MARKETING OVERHEAD COMMUNICATIONS INTERNATIONAL TBID Expense Allocation
Administrative Marketing Overhead Communications International 86%
9%
2% 1% 2%
$976,357
$5,149,500
$241,359 $304,325 $382,000 $261,569
ADMINISTRATIVE MARKETING OVERHEAD COMMUNICATIONS INTERNATIONAL SPECIAL EVENTS 2021-22 Combined Expense Allocation
Administrative Marketing Overhead Communications International Special Events
70.4%
13.4%
3.3% 4.2% 5.2% 3.6%
J U L Y 2 1 – J U N E 2 2
M A M M O T H L A K E S T O U R I S M 12
• Relaunch of scheduled charter service at MMH
• Advanced Airlines has been an excellent partner
• Challenging first winter back (roughly 1600 enplanements) • Goal is 10,000 enplanements in the next three years
• Introduction of commercial air service at BIH with United Airlines • Omicron challenged us early on
• Roughly 8,300 enplanements for winter
• Denver was the shining star – up 23% to pre-pandemic
J U L Y 2 1 – J U N E 2 2
M A M M O T H L A K E S T O U R I S M 14
• We saw a rebound to pre-pandemic levels in 2021-22 in all areas of communications
• Domestic media impressions were up by 15% over 2018-19 • FY 2018-19
• 203 Placements
• 3,007,582,097 Impressions
• FY 2021-22
• 320 Placements
• 22,441,733,417 Impressions
M A M M O T H L A K E S T O U R I S M 15 • We hosted 43 Crib athletes, including two
groups from Moment
Skis, which is on par with
2019 numbers.
• We also re-signed our
agreement with
Mammoth Track Club.
M A M M O T H L A K E S T O U R I S M 16
• Community engagement up
• Newsletters grew by 9%
• Spring Open House was our best
attended to date
• Community Coffee continues to
be well-attended
J U L Y 2 1 – J U N E 2 2
M A M M O T H L A K E S T O U R I S M 18
Total Media Value = $593,000 USD
UK = $191,000 USD
Scandinavia = $97,000 USD
Italy = $50,000 USD
Australia / NZ = $131,000 USD
Germany = $3,000 USD
India = $121,000 USD
M A M M O T H L A K E S T O U R I S M 19
MLT trained over 1800 travel professionals
on Mammoth Lakes in 12 different
international markets
MLT attended numerous international sales
missions, conferences, and events with
the goal of promoting visitation to
Mammoth Lakes
J U L Y 2 1 – J U N E 2 2
M A M M O T H L A K E S T O U R I S M 21
FY 2021-22 Deliverable Highlights
• Develop event promotion and advertising plan based on operating limits for events moving forward post-Covid-19.
• Successfully launched new event posters / brochures
• Utilized digital marketing to be able to pivot messaging quickly • Reassess event grant funding process and metrics to distribute to local events and develop a diverse panel for grant funding allocations. All events will depend on Covid-19 protocol and must follow those guidelines set forth to receive funding for their event.
• Added new individuals to the Event Funding Committee to make panel more diverse. • Made sure that event producers had a Public Health & Safety Plan in place & followed all local guidelines at time of event.
M A M M O T H L A K E S T O U R I S M 22
Summer 2021 Return to “Normal”
• Events were canceled from Covid-19, Forest Closures & Smoke • Worked closely with producers to set up success for 22/23 • Event funding $219,000 to 26 different events
• Event producer in-person workshops
J U L Y 2 1 – J U N E 2 2
M A M M O T H L A K E S T O U R I S M 24
• FY21/22 PAID PROGRAM DELIVERY
IMPRESSIONS
128
MILLION
SESSIONS
517
THOUSAND
VIDEO VIEWS
15.7 MILLION
MEDIA SPEND
$1.85M
MILLION
M A M M O T H L A K E S T O U R I S M 25
• FALL PERFORMANCE
IMPRESSIONS
23.4M
SPEND
$158K
SESSIONS
55K
TOS
:30
CPS
$2.26
VIDEO VIEWS
2.2M
80%
TO GOAL
94%
TO GOAL
:35
GOAL
$2.07
GOAL
137%
TO GOAL
FLIGHTING
August - October
PARTNERS
YouTube
Facebook/Instagram
Pinterest
Google (GDN, Search)
Viant
Adara (VCA Co-Op)
Peloton Magazine
Today’s Senior
MARKETS
California & Nevada Base
Spot Markets: LA,
San Diego, SF,
Las Vegas, Sacramento
CHALLENGES/OPPORTUNITIES
Fall Campaign performance was challenged by stops and starts due to the National Park closures. In addition, creative messaging was split between Brand & Hug What You Love.
Opportunity to streamline creative messaging by weaving stewardship into core Brand assets. When faced with a closure in the future, keep a lower-level of spend in the Awareness layer on to help with performance continuity.
NOTE: CAMPAIGN PERFORMANCE IMPACTED BY NATIONAL PARK CLOSURES.
M A M M O T H L A K E S T O U R I S M 26
• FALL CREATIVE
CHALLENGES/OPPORTUNITIES
Far markets demonstrated high interest, with high ad engagement, but was challenged with lower intent rates, signaling need for greater awareness.
Recommend heavying up in far markets, with market specific programs to help boost overall brand awareness.
Continue to balance use of Brand campaign creative and custom content partnerships
Expand Ink Global partnership, which drove highest number of flight referrals.
M A M M O T H L A K E S T O U R I S M 27
• WINTER PERFORMANCE
IMPRESSIONS
78M
SPEND
$1.26M
SESSIONS
283K
TOS
:29
CPS
$1.66
VIDEO VIEWS
10.3M
105%
TO GOAL
119%
TO GOAL
104%
TO GOAL
$2.88
GOAL
109%
TO GOAL
FLIGHTING
Near Markets:
November – Mid-April
Far Markets:
Mid-October – February
PARTNERS
YouTube
Facebook/Instagram
Pandora
Outside Online
Google (GDN, Search)
Viant
Clear Channel Outdoor
Ink Global (United)
MARKETS
California & Nevada
Base (Mid-Week Push)
Spot Markets: LA, SF,
SD, Denver, Northeast
REFERRALS
5,223
M A M M O T H L A K E S T O U R I S M 28
• WINTER CREATIVE
M A M M O T H L A K E S T O U R I S M 29
• SPRING/SUMMER PERFORMANCE
IMPRESSIONS
27M
SPEND
$394K
SESSIONS
179K
TOS
0:41
CPS
$1.82
VIDEO VIEWS
3.1M
101%
OF GOAL
132%
TO GOAL
146%
TO GOAL
$2.06
GOAL
113%
TO GOAL
TIMING
Mid-April (FY22) –
Mid-August (FY23)
PARTNERS
YouTube
Facebook/Instagram
Pandora
Outside Online
Google (GDN, Search)
Viant
Clear Channel Outdoor
Travelzoo
DogTrekker
MARKETS
California & Nevada
CHALLENGES/OPPORTUNITIES
Summer Campaign performance was strong across all partners. Creative messaging focused more heavily on Hug What You Love upfront, then shifted to a heavier Brand messaging presence to help drive up occupancy.
Opportunity to streamline creative messaging by weaving stewardship into core Brand assets to ensure strong call to action as pandemic recovery opens more travel choices to consumers.
M A M M O T H L A K E S T O U R I S M 30
• SPRING/SUMMER CREATIVE
M A M M O T H L A K E S T O U R I S M 31
• Tourism Economics/Symphony – Ongoing Economic Impact
• Zartico – Mobile Phone Data & Visualizations
• Visitor Profile - 2022
• Visitor Volume Study - 2022 & 2020
• Ad Awareness (2022 Summer/Fall/Winter)
• ROI Study (Summer/Fall/Winter)
• AirDNA Short Term Rental Pacing & Forecasting Report
• Monthly & Weekly
• Inntopia Transient Inventory Study - 2022
M A M M O T H L A K E S T O U R I S M 32
• Local Marketing Projects
• Yiftee Gift Card – 12 new businesses added
• United/Advanced Air Promotional Efforts
• Town Signage – New Posters Up
• Special Offers for Local Businesses
M A M M O T H L A K E S T O U R I S M Page 43 of 267 33 J U L Y 2 1 – J U N E 2 2
M A M M O T H L A K E S T O U R I S M 35
• No changes to the district boundary are planned for FY 2022-23 • No changes are being made to the assessment rates for FY 2022-23 • 2021-22 revenues exceeded budget by $1,656,903 or 34.6% • These excess revenues were rolled into the 2022-23 TBID budget • Total TBID reserves as of November 16, 2022, $4,002,590.64
M A M M O T H L A K E S T O U R I S M 36
• Business community supports a 10-year term 2023-2033
• Focus is to start collections July 1, 2023
• Lodging rate to remain at 1%
• Restaurant rate to remain at 1.5%
• Retail rate to remain at 1.5%
• Ski Area rate to increase from 2% to 2.5%
• Both local golf courses will be included at 2.5% (greens fees, rentals and lessons – NOT memberships)
THE REAL UNREAL
OCTOBER 6, 2022
MAMMOTH LAKES TOURISM 2
WELCOME, ALL.
JOURNEY TO
OUR NEW CAMPAIGN
MAMMOTH LAKES TOURISM 4
2010: A MOUNTAIN WITH A TOWN
MAMMOTH LAKES TOURISM 5
Town
Identity
& Voice
Manage
Educate
Inform
Grow
Grow
Grow
Lawsuit &
Threat of
Bankruptcy
SPRING 2017 END-OF-CAMPAIGN REPORT – DOMESTIC, CANADA, UK, AUSTRALIA, MEXICO
A YEAR-ROUND ADVENTURELAND
CURRENT
BRAND CAMPAIGN
INSPIRE
Mammoth Lakes Tourism 7 Page 54 of 267
…AND THEN…COVID
MAMMOTH LAKES TOURISM Page 55 of 267 8
CHALLENGE
MAMMOTH LAKES TOURISM 10
• Reposition Mammoth Lakes as a destination in itself – a town with a mountain
• Invite visitors while maintaining responsible messaging wip
2022: RESPONSIBLE VISITORS WELCOME
OUR PROCESS
GUIDED BY STRATEGY
OUR PROCESS
MAMMOTH LAKES TOURISM 12
RESEARCH Consumer research & competitive analysis
TRENDS What’s trending with consumers & in our industry BRAND ATTRIBUTES What do people think & feel about our brand What we stand for, own & deliver
as a unique benefit POSITIONING
CREATIVE CAMPAIGN How we look & speak to connect with people
“mammoth lakes is majestic in scale and awesome in
natural beauty… an otherworldly landscape.”
"Someone with wonderlust
will stay curious, revel in
human connection, cultivate
creativity, explore the natural
world, and live deeply.”
MAMMOTH LAKES TOURISM 15
"Sustainability is no
longer about doing
less harm. It’s about
doing more good."
SAMMY VIDEO
MAMMOTH LAKES TOURISM Page 63 of 267 18
MAMMOTH LAKES TOURISM 19
LONGFORM BRAND VIDEO
CREATIVE PLATFORM
MAMMOTH LAKES TOURISM 20
THE REAL UNREAL
It’s so incredible,
you must see it to
believe it.
It’s so incredible,
you want to protect
it like it’s yours.
BRAND STEWARDSHIP
MAMMOTH LAKES TOURISM Page 66 of 267 21
MAMMOTH LAKES TOURISM 22
55,000 YEARS VIDEO
MAMMOTH LAKES TOURISM 23
ACRES VIDEO
MAMMOTH LAKES TOURISM 24
HOW UNREAL VIDEO
MAMMOTH LAKES TOURISM 25
ANOTHER PLANET VIDEO
CHRISTIAN PONDELLA Page 71 of 267
LAUNCHING
THE REAL UNREAL
INTEGRATED LAUNCH
MAMMOTH LAKES TOURISM 29 Views Impressions Awareness Lift Ad Recall Lift AWARENESS All teams working together to
amplify the campaign, which
strengthens consumers’ awareness,
consideration, and intent to travel
to Mammoth Lakes.
THE
REAL
UNREAL
PAID OWNED
EARNED
INT’L EVENTS
LOCAL
PAID MEDIA CAMPAIGN
MAMMOTH LAKES TOURISM 30
A full-funnel media program, with partnerships across top performers.
PAID MEDIA CAMPAIGN
MAMMOTH LAKES TOURISM 31
Lean into high impact
placements to create buzz
around the new "Unreal"
campaign:
• Out-of-home
• Connected TV/Online
Video
• Digital & Social Media
• Print
MAMMOTH LAKES TOURISM Page 77 of 267 32
DIGITAL BANNERS
MAMMOTH LAKES TOURISM Page 78 of 267 33
SOCIAL MEDIA - FACEBOOK
MAMMOTH LAKES TOURISM Page 79 of 267 34
SOCIAL MEDIA – INSTAGRAM
MAMMOTH LAKES TOURISM Page 80 of 267 35
NEW UNREAL
PROGRAMMING
UNREAL LOCAL AMBASSADORS
MAMMOTH LAKES TOURISM Page 82 of 267 37
UNREAL EXPERIENCES
MAMMOTH LAKES TOURISM Page 83 of 267 38
THANK YOU
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Presentation on 2022-23 Snow Management.
Council Meeting Date: 11/16/2022
Prepared by: Haislip Hayes, PE Public Works Director
Recommended Motion: Receive a presentation from Staff regarding ongoing snow management efforts.
Summary: Staff will provide a presentation on 2022-23 snow management. The presentation will include updates on snow removal philosophy and management. A review of staffing, contracting, and snow storage will be provided. The Town provides snow removal services through Public Works and Parks Maintenance divisions. The two divisions work together and share employees.
The Town contracts snow removal for several parking lots, limited streets, and to manage storage areas. We also have agreements with various private property owners for snow storage. The Town’s snow removal fleet of equipment is ready for the winter, with ongoing maintenance and repair of equipment handled through fleet maintenance staff, who also provide support staff to operate plow trucks, cindering operations, and in the field fueling. A presentation will be prepared to assist in the discussion for the Council meeting.
Snow
Management
Update
2022-23
• General Operations
• 2022-23 Staffing
• Snow Removal Contracts
• Snow Storage Sites
• Snow Patrol
Snow Management Update
12 Hour Shifts
6 Loaders
5 Blowers
3 Plow & Cinder Trucks
4 Trackless (Parks & Rec)
General Operations
General Operations
Parks and Recreation
• Sidewalks
• Select MUPS
• Parks Facilities / Transit Shelters
Airport
• Runways
• Hangers
• Buildings
Staffing
2 Superintendents
11 Full Time Operators
6 Mechanics
3 Seasonal
1 Filled
2 Vacant
Support from Parks &
Airport
Contracts
Bluffs - Roads
Juniper Ridge - Roads
Sawmill Cutoff
Park n’ Ride
Police Station
Mono County Admin
Hillside Parking
Shoveling
Community Center
Tennis Courts
Fire Station #2
Outdoor Ice Rink
CRC
Edison Theater
Sherwin Creek Road
Snow Storage Sites
Private Property
Village Parking Lot
New snow pit
Snowcreek 8
Snow Patrol
• Assistance to Police and Snow Removal Operators
• Respond to:
• Stuck / abandoned vehicles
• Snow storage issues
• Document conditions
• 2 Vehicles are prepared & equipped
• Staff have been trained (recovery and traffic control) • Deployment is situational and voluntary
Snow Patrol
• Info Card
Snow Patrol
• Info Card
Snow Patrol
Town Council of Mammoth Lakes
Minutes of Regular Meeting
November 2, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Kirk Stapp
Members Absent: Councilmember Sarah Rea, Councilmember Bill Sauser _____________________________________________________________________
1. CALL TO ORDER
The Mayor called the meeting to order at 4:00 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.
2. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Wentworth led the flag salute.
3. PUBLIC COMMENTS
There were no public comments given at this time.
4. ADDITIONS TO THE AGENDA
Town Manager Daniel C. Holler announced that Agenda Item 7.3 would be continued to the November 16th meeting.
Town Council Minutes
November 2, 2022
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Community and Economic Development Director Sandra Moberly gave a construction update regarding The Parcel. There was discussion among members of Council and staff.
Lara Kaylor, Mammoth Lakes Tourism (MLT), gave an update regarding current MLT activities. There was discussion among members of Council and staff.
Office of Outdoor Recreation Manager Lawson Reif gave an update regarding current outdoor recreation activities. There was discussion among members of Council and staff.
Administrative Services/Finance Director Rob Patterson gave an update regarding current finance activities. There was discussion among members of Council and staff.
Town Manager Daniel C. Holler announced that Mammoth Mountain would be opening on Saturday. He reported that the State's California Radio Interoperable System (CRIS) installation was progressing in our area. He gave an update regarding the Mammoth Schools Garden Grant Program. He spoke about the Did You Know? Transit ad. There was discussion among members of Council and staff.
5.1 Did you Know? Transit.
This is an informational item only.
6. CONSENT AGENDA
Mayor Pro Tem Wentworth requested that Agenda 6.6 be removed from the consent agenda for separate discussion.
Moved by Councilmember Kirk Stapp
Seconded by Mayor Pro Tem John Wentworth
Approve the Consent Agenda.
For (3): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, and Councilmember Kirk Stapp
Absent (2): Councilmember Sarah Rea, and Councilmember Bill Sauser Carried (3 to 0)
6.1 Approve the minutes of the regular meeting of October 19, 2022.
Town Council Minutes
November 2, 2022
6.2 Approve the resolution re-authorizing the Town Council to meet virtually during the COVID-19 pandemic declared emergency.
6.3 Approve the Amendment to Emergency Operations Center (EOC) Cost Share Agreement Term.
6.4 Adopt the resolution declaring the Council’s intention to annex territories into the Community Facilities District No. 2013-3 (Transit CFD), levying a special tax in connection therewith, and setting the time and place for the public hearing on December 7, 2022.
6.5 Approve the Town Office Lease Agreement - Third Amendment to Lease agreement between Town of Mammoth Lakes and Minaret Village Shopping Center LLC.
6.6 Authorize the Town Manager to sign professional services agreement with Cardno for archeological services in an amount not to exceed $117,143.50 and approve the appropriation of $120,000 from Fund 215 to include cost for administration and contingency.
Office of Outdoor Recreation Manager Lawson Reif outlined the information in the staff report. There was discussion among members of Council and staff.
Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Kirk Stapp
Authorize the Town Manager to sign a professional services agreement with Cardno (Stantec) to authorize payment not to exceed $120,000.00 to complete archeological analysis of the Sherwins Trails (SHARP) project and approve $2,856.50 for Town staff time and contingency for a total allocation of $120,000 from Fund 215.
For (3): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, and Councilmember Kirk Stapp
Absent (2): Councilmember Sarah Rea, and Councilmember Bill Sauser Carried (3 to 0)
6.7 Accept Check Register 10/06/2022 in the amount of $740,353.99.
Accept Check Register 10/13/2022 in the amount of $1,117,976.53.
Accept Check Register 10/19/2022 in the amount of $1,509,416.89.
Town Council Minutes
November 2, 2022
7. POLICY MATTERS
7.1 Consider the ordinance amending Chapters 3.12 (Transient Occupancy Tax) and 5.40 (Transient Rentals of Residential Units) updating Citation Limits for Health and Safety Violations.
Administrative Services/Finance Director Rob Patterson and Town Attorney Andrew Morris outlined the information in the staff report. There was discussion among members of Council and staff.
PUBLIC COMMENT:
John Morris, Chairman of the Lodging Association, said that the Association supported the proposed changes.
Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Kirk Stapp
Waive the reading and introduce by title only the ordinance amending Chapter 3.12.280 and 5.40.070 of the Town of Mammoth Lakes Municipal Code related to violation of Transient Occupancy Tax Code and Business Taxes, Licenses, and Regulation as outlined in Attachment A.
For (3): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, and Councilmember Kirk Stapp
Absent (2): Councilmember Sarah Rea, and Councilmember Bill Sauser Carried (3 to 0)
7.2 Approve eight-month Lease Extension with Mammoth Unified School District and Mono County Office of Education and lease payments of $33,600 for the Mammoth Ice Rink Site.
Town Manager Daniel C. Holler and Parks and Recreation Director Stuart Brown outlined the information in the staff report. There was discussion among members of Council and staff.
Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Kirk Stapp
Approve and authorize the Town Manager to execute the proposed eightmonth Lease Extension with Mammoth Unified School District and Mono County Office of Education and lease payments of $33,600 for the Mammoth Ice Rink Site.
Town Council Minutes
November 2, 2022
For (3): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, and Councilmember Kirk Stapp
Absent (2): Councilmember Sarah Rea, and Councilmember Bill Sauser Carried (3 to 0)
7.3 Amendment to Lease Agreement between the Town and the Mammoth Lakes Foundation related to property uses located at 100 College Parkway, Mammoth Lakes, CA 93546.
This item was continued.
7.4 Accept the California Public Utilities Commission (CPUC) Local Agency Technical Assistance $500,000 Grant Award and Authorize the Town Manager to complete all required documents and agreements for the CPUC and Golden State Connect Authority (GSCA) to proceed with the grant.
Town Manager Daniel C. Holler outlined the information in the staff report.
There was discussion among members of Council and staff.
Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Kirk Stapp
Accept the California Public Utilities Commission (CPUC) Local Agency Technical Assistance $500,000 Grant Award and authorize the Town Manager to complete all required documents and agreements for the CPUC and Gold State Connect Authority (GSCA) to proceed with the grant.
For (3): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, and Councilmember Kirk Stapp
Absent (2): Councilmember Sarah Rea, and Councilmember Bill Sauser Carried (3 to 0)
8. COUNCILMEMBER REPORTS
Councilmember Stapp reported on the Mammoth Lakes Housing wait list. He attended the Eastern Sierra Transit Authority (ESTA) Board meeting.
Town Council Minutes
November 2, 2022
Mayor Pro Tem Wentworth thanked Sandy Hogan for her letter regarding transit in Old Mammoth.
Mayor Salcido announced that on November 16th she would be out of Town but zooming in to the meeting.
9. ADJOURNMENT
The Council adjourned the meeting at 5:02 p.m.
Jamie Gray, Town Clerk
RESOLUTION NO. 22-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
RE-AUTHORIZING THE TOWN COUNCIL TO MEET VIRUTALLY DURING THE COVID-19 PANDEMIC DECLARED EMERGENCY
WHEREAS, the Town of Mammoth Lakes supports transparency in government, and meetings of the Town Council and other legislative bodies of the Town are conducted in compliance with the Brown Act (Government Code Section 54950 et seq), so that members of the public may attend, observe, and participate; and WHEREAS, Government Code Section 54953(e) is a provision of the Brown Act establishing special rules that apply under specific circumstances to meetings of local government legislative bodies that are conducted remotely via teleconference; and
WHEREAS, using the special rules will facilitate continuing to conduct meetings remotely during the COVID-19 pandemic; and
WHEREAS, the Town Council does hereby find that allowing for conducting public meetings virtually will support social distancing and reduces the potential risk to the public, elected officials and employees to be infected by or to spread COVID-19; and
WHEREAS, a required condition for the use of the Section 54953(e) rules is the existence of a state of emergency declared by the Governor pursuant to Government Code Section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code Section 8558; and WHEREAS, an additional required condition is that state or local officials have imposed or recommended measures to promote social distancing, or that the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the Governor of California declared a Statewide state of emergency due to the COVID-19 virus on Wednesday, March 4; and
WHEREAS, on March 15, 2020 the Mono County Health Officer declared a local health emergency, including finding “that there is an imminent and proximate threat to public health from the introduction of COVID-19 in Mono County;” and WHEREAS, the Mono County Director of Public Health has recently issued a memorandum recommending that social distancing be used as one means of reducing the spread of COVID-19; and
WHEREAS, on October 6, 2021, the Town Council adopted a resolution finding that pursuant to Government Code Section 54953(e), the legislative bodies of the
Resolution No. 22-
Town of Mammoth Lakes shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code Section 54953, as authorized by subdivision (e) of Section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of Section 54953; WHEREAS, as a condition of extending the use of the provisions found in Section 54953(e), the Town Council must reconsider the circumstances of the state of emergency that exists in the Town of Mammoth Lakes, and the Town Council has done so; and
WHEREAS, emergency conditions continue to exist in the Town of Mammoth Lakes, as reflected by the ongoing state of emergency declared by the Governor; and
WHEREAS, requiring the meetings of the Town Council and other legislative bodies of the Town of Mammoth Lakes to be conducted entirely in person would create a risk to the health and safety of the members of the public who might attend, the members of the Town Council, Town staff, and other persons attending meetings; and
WHEREAS, the Town of Mammoth Lakes continues to comply with the requirements of Section 54953(e) to ensure public access to meetings of Town legislative bodies, including by providing notice and posting meeting agendas, allowing members of the public to access the meeting and provide comments via an Internet-based service option, and providing an opportunity for the public to address legislative bodies and offer comment in real time.
NOW, THEREFORE, BE IT RESOLVED that the recitals set forth above are true and correct and are incorporated into this resolution by this reference; and IT IS FURTHER RESOLVED that the Town Council of the Town of Mammoth Lakes hereby declares that a State and County emergency continues to exist due to the existence or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the Town of Mammoth Lakes due to the COVID-19 virus; and
IT IS FURTHER RESOLVED that the Mono County Director of Public Health has issued a memorandum recommending the continued use of social distancing as a means to reduce the spread of COVID-19, and that the COVID-19 state of emergency impacts the ability of the Town Council to safely meet in person; and IT IS FURTHER RESOLVED that the Mammoth Lakes Town Council finds the use of virtual meetings, as provided for under AB 361 as approved by the State Legislature and signed by the Governor, continues to be a prudent and safe means to conduct the Town’s business respecting the recommendation to use social distancing as a precaution to reduce the spread of COVID-19; and IT IS FURTHER RESOLVED that the Town staff and legislative bodies are hereby authorized and directed to continue taking all actions necessary to carry out the
Resolution No. 22-
intent and purpose of this Resolution including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and
IT IS FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) December 16, 2022, or such time the Town Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the Town of Mammoth Lakes may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
APPROVED AND ADOPTED THIS 16th day of November 2022.
________________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association (“MLPOA”), which shall be in effect from July 1, 2022, through June 30, 2025.
Council Meeting Date: 11/16/2022
Prepared by: Amanda Pelham, Human Resources Manager
Recommended Motion: Approve, pending legal review, the Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association.
Summary: Town Management has met and conferred in good faith with one of its recognized bargaining units, the Mammoth Lakes Police Officers’ Association (MLPOA), and recent labor negotiations have seen a tentative agreement reached between the Town of Mammoth Lakes and the MLPOA. The agreement is currently being reviewed by the Town's third-party legal counsel, Best, Best, and Krieger (BBK), and it is anticipated that legal counsel will determine the agreement to be appropriate and compliant with applicable state and federal law.
Members of the association have voted to approve the agreement, pending legal review. Upon approval by Town Council, it is the Town's intention to fully implement the new agreement prior to the end of calendar year 2022, executing all changes retroactive to July 1, 2022; with salarybased adjustments retroactive to July 11, 2022, the beginning of the first full pay period in July of the 2022-23 fiscal year.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF MAMMOTH LAKES
AND
THE MAMMOTH LAKES POLICE OFFICERS’ ASSOCIATION
July 1, 2022 to June 30, 2025
PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500 et seq). The parties to this Memorandum of Understanding are the Town of Mammoth Lakes, State of California, which hereinafter shall be referred to as “Town” and the Mammoth Lakes Police Officers’ Association, which hereinafter shall be referred to as “Association”. The parties have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment of the employees represented by the Association and have exchanged freely information, opinions, and proposals and have endeavored to reach agreement on all matters relating to the employment, conditions, and employee relations of such employees.
This Memorandum of Understanding has been presented to the Town Council as a joint recommendation of the undersigned for salary, fringe benefits, and other working conditions for the period beginning July 1, 2022 to June 30, 2025, and was ratified by the Town Council on November 16, 2022 and the terms and conditions herein are in full force and effect for affected members of the Mammoth Lakes Police Officers’ Association.
TOWN OF MAMMOTH LAKES MAMMOTH LAKES POLICE OFFICERS’
ASSOCIATION
Daniel C. Holler Daniel Hansen
Town Manager Mammoth Lakes Police Officers’ Association Representative
Date Date
Jamie Gray (Insert additional name here)
Town Clerk Mammoth Lakes Police Officers’ Association
Representative
Date Date
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
Table of Contents
ARTICLE 1: Agreement...............................................................................................................4 ARTICLE 2: Recognition .............................................................................................................4 ARTICLE 3: Non-Discrimination................................................................................................4 ARTICLE 4: Definitions ...............................................................................................................4 ARTICLE 5: Town Rights............................................................................................................4 ARTICLE 6: Association Rights..................................................................................................5 ARTICLE 7: Dues Deductions .....................................................................................................5 ARTICLE 8: Salary ......................................................................................................................6
8.1 Salary Schedule................................................................................................................................... 6
8.2 Salary Increases................................................................................................................................... 6 ARTICLE 9: Work Schedule........................................................................................................6
9.1 Workweek ........................................................................................................................................... 6
9.2 Work Schedule.................................................................................................................................... 6
9.3 Shift Bid and Pay Differential............................................................................................................. 6
9.4 Schedule Changes............................................................................................................................... 7 ARTICLE 10: Overtime................................................................................................................7
10.1 Overtime Policy - Definition............................................................................................................. 7
10.2 Overtime Compensation ................................................................................................................... 7
10.3 Maximum Accumulation of Compensatory Time ............................................................................ 7
10.4 Usage of Compensatory Time........................................................................................................... 7
10.5 Compensatory Leave at Termination................................................................................................ 8 ARTICLE 11: Longevity Pay .......................................................................................................8 ARTICLE 12: Holiday Pay ...........................................................................................................8 ARTICLE 13: POST Pay ..............................................................................................................8 ARTICLE 14: Bilingual Pay .........................................................................................................8 ARTICLE 15: Special Assignment Pay .......................................................................................8 ARTICLE 16: Court Pay ..............................................................................................................9 ARTICLE 17: “Call-In” Pay ........................................................................................................9 ARTICLE 18: “On-Call” Pay.....................................................................................................10 ARTICLE 19: Anniversary Awards ..........................................................................................10 ARTICLE 20: Equipment and Uniforms..................................................................................10
20.1 Equipment and Uniforms...................................................................................................10
20.2 Reimbursement for Body Armor .................................................................................................... 11 ARTICLE 21: Duty Weapon Ownership ..................................................................................11 ARTICLE 22: Comprehensive and Other Leave .....................................................................11
22.1 Comprehensive Leave..................................................................................................................... 11
22.2 Scheduling/Notification .................................................................................................................. 11
22.3 Comprehensive Leave at Termination ............................................................................................ 12
22.4 Effect of Extended Military Leave.................................................................................................. 12
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
22.5 Comprehensive Leave Payouts....................................................................................................... 12
22.6 Comprehensive Leave Accruals...................................................................................................... 12
22.7 Sick Leave....................................................................................................................................... 12
22.8 Parental Leave................................................................................................................................. 13
22.9 Family and Medical Leave.............................................................................................................. 13
22.10 Jury Duty....................................................................................................................................... 13
22.11 Leave Without Pay........................................................................................................................ 13
22.12 Unpaid Leave of Absence ............................................................................................................. 13 ARTICLE 23: Health Insurance Benefits..................................................................................13 ARTICLE 24: Retirement...........................................................................................................14 ARTICLE 25: Retirement Health Savings Account.................................................................15 ARTICLE 26: Deferred Compensation.....................................................................................15 ARTICLE 27: Life Insurance .....................................................................................................15 ARTICLE 28: Rapid Response...................................................................................................15 ARTICLE 29: Promotions..........................................................................................................15
29.1 Sergeants......................................................................................................................................... 15
29.2 Police Officers................................................................................................................................. 16 ARTICLE 30: Workers’ Compensation....................................................................................16 ARTICLE 31: Layoffs.................................................................................................................16 ARTICLE 32: Personnel Files....................................................................................................16 ARTICLE 33: Grievance Procedure..........................................................................................17
33.1 Purpose............................................................................................................................................ 17
33.2 Formal Grievance Procedure........................................................................................................... 17
33.3 Automatic Advances....................................................................................................................... 17
33.4 Costs of Grievance Arbitration ....................................................................................................... 17
33.5 Time Limits..................................................................................................................................... 18 ARTICLE 34: Severability..........................................................................................................18 ARTICLE 35: Duration ..............................................................................................................18 Appendix A: Salary Schedules....................................................................................................19
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
ARTICLE 1. Agreement
This Memorandum of Understanding (“MOU” or “Agreement”) is entered into by and between the Town of Mammoth Lakes (“Town”) and the Mammoth Lakes Police Officers' Association (“Association”).
ARTICLE 2. Recognition
The Town recognizes the Association as the exclusive representative of all full-time employees in the job classifications of Police Officer and Police Recruit.
ARTICLE 3. Non-Discrimination
There shall be no discrimination based on an employee’s race, religious creed, color, national origin, ancestry, sex, age, medical condition, sexual orientation, marital status, gender identity, gender expression, genetic characteristics or information, military or veteran’s status and/or any other category protected by federal and/or state law. In addition, Town policy prohibits retaliation because of the employee’s opposition to a practice the employee’s participation in an employment investigation, proceeding, hearing or legitimate employee organization activities. Employees who believe they have been harassed, discriminated against, or retaliated against, should report that conduct to the Town, and the Town will investigate those complaints.
ARTICLE 4. Definitions
4.1 “Base rate of pay” shall mean the employee’s hourly rate of pay as identified in Appendix A.
4.2 “Classification seniority” shall be used for the purpose of determining vacation sign-ups, shift bids, and layoffs. Classification seniority shall be defined as the employee’s time in class plus higher class within the Police Department.
4.3 “Day” shall mean a calendar day unless otherwise stated.
4.4 “Employee” shall mean an employee in the bargaining unit represented by the Association.
4.5 “Grievance” shall mean an alleged violation, misapplication, or misinterpretation of this memorandum of understanding by the Association, an employee, or group of employees whose position classification(s) is represented by the Association. Employee evaluations and disciplinary actions are not subject to grievance.
4.6 “Regular rate of pay” shall include the employee’s base hourly rate of pay plus any additional incentives or special pay required by the Fair Labor Standards Act (FLSA) to be included in the regular rate, for which the employee qualifies under this MOU.
4.7 “Town Manager” is the Chief Administrative Officer of the Town and is appointed by the Town Council.
ARTICLE 5. Town Rights
Town Council retains all of its powers and authority to direct, manage, and control the operation of the Town to the full extent of the law. The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the Town, the adoption of ordinances, policies, rules, regulations, and practices in
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of the Agreement, and then only to the extent such specific and express terms are in conformance with law.
Included in the Town duties and powers are the exclusive rights to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its departmental policies, goals, and objectives; insure the rights and privileges of citizens; determine staffing patterns; determine the number and kind of personnel required; maintain the efficiency of Town operations; build, move, or modify facilities; establish budget procedure and determine budgetary allocation; determine the methods of raising revenue; enter into contracts for supplies and services; and take appropriate action in the event of an emergency. In addition, the Town retains the right to hire, classify, assign, transfer, evaluate, promote, demote, suspend, and terminate employees. These rights will be in conformance with the provisions of state and federal laws.
Notwithstanding the forgoing, the parties agree to meet and confer as required under the Meyers-MiliasBrown Act.
ARTICLE 6. Association Rights
6.1 The Association shall have the right to post notices of activities and matters of Association concern on bulletin boards located at Town facilities.
6.2 The Association shall receive one hundred (100) hours of Association release time annually, for the Association President and/or designee(s) to conduct Association business or attend state or national conferences.
6.3 The Town shall allow a reasonable number of Association representatives time off without loss of compensation or other benefits when processing grievances, attending labor management meetings, or formally meeting and conferring with representatives of the Town on matters within the scope of representation.
ARTICLE 7. Dues Deductions
Employees may sign up for payroll deductions of Association dues with the Association. The Association will certify to the Town any new members of the Association.
Town agrees to deduct dues as established by the Association. The sum so withheld shall be remitted by the Town, without delay, directly to the Association along with a list of employees who have had such amounts deducted. As periodically requested by the Town, association agrees to provide a listing of all additions or deletions of membership or requested changes to establish payroll deductions of its members, to the Town.
The employee’s earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues authorized. When an employee is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. All other legal and required deductions have priority over Association dues.
The Association agrees to indemnify and hold harmless the Town, its officers, employees, and agents acting on its behalf from and against any and all losses, damages, costs, expenses, claims, demands, actions, suits,
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
judgments, and other forms of liability arising out of the application or enforcement of this section. In no event shall the Town be required to pay from its own funds Association dues which the employee was obligated to pay, but failed to pay, regardless of the reasons.
Any Association member who notifies the Town of their desire to discontinue dues deductions or otherwise withdraw from Association membership shall be referred back to the Association. The Town agrees to continue all dues deductions until notified of a deduction change by the Association.
ARTICLE 8. Salary
8.1 Salary Schedule
The salary schedule shall be attached as Appendix “A”. The salary schedule shall consist of five (5) salary steps (A-E) that are five percent (5.0%) apart. Employees shall move through the salary steps annually based on an overall satisfactory (or equivalent of) performance evaluation.
8.2 Salary Increases
Employees shall receive the following increases to base rate of pay effective on the dates as shown.
Increases will go into effect the first full pay period of July.
July 2022………………………….3%
July 2023………………………….3%
July 2024……………………….…3%
ARTICLE 9. Work Schedule
9.1 Workweek
The workweek shall begin at 0001 hours on Monday and end at 2400 hours on Sunday.
9.2 Work Schedule
The work schedule shall be mutually agreed upon by both the Town and the Association.. While not included in the twelve (12) assigned to patrol, the School Resource Officer and/or Detective may be assigned to patrol duties as the needs of the department require.
9.3 Shift Bid and Pay Differential
Employees shall bid annually during the month of November for the following year’s shifts and days off. The shift bid shall include four (4) rotations of three (3) months; the rotations begin in January, April, July, and October. Each employee must select two (2) night shifts and two (2) day shifts. Once all employees have selected their shifts, employees may trade shifts for the entire rotation.
Any employee who is required and authorized to work a shift at least part of which falls from 2100 hours to 0700 hours, shall receive a pay differential of two and one-half percent (2.5%) of their base rate of pay for the hours worked from 2100 to 0700 hours. Employees who are assigned to graveyard shift from 2100 to 0700 but are not physically present for the graveyard shift and use comprehensive leave, compensatory leave, or sick leave in place of time actually worked, are not eligible for the graveyard shift pay differential.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
9.4 Schedule Changes
The Chief of Police, or designee, may move an employee from one established shift to another established shift with two (2) weeks’ notice if the change is deemed to be in the best interests of the department and the Town. In the case where a shift change is between two or more employees, the employee with the most seniority shall have the right to accept or reject the transfer. All schedule changes shall be made with the needs of the department being primary, and the needs of the employee being secondary.
ARTICLE 10. Overtime
10.1 Overtime Policy-Definition
Overtime work is to be kept to a minimum, consistent with the protection of the lives and property of the citizens of Mammoth Lakes and the efficient operation of the department and operation of the Town. Overtime must be authorized by the Chief of Police, or designee. Overtime shall be defined as time worked beyond forty (40) hours during the normal workweek. “Time worked” shall be defined as all time during which an employee is necessarily required by the employer to be on the employer’s premises, on duty, or at a prescribed workplace. Properly roved travel time for work purposes will be compensated as “time worked” in compliance with FLSA regulations. Town paid comprehensive leave, compensatory time, and sick time shall be considered “hours worked” and is included for the purposes of calculating overtime. Release time for Association business and any non-paid leave times are not considered “time worked”. All employees shall receive paid rest breaks and lunch breaks.
Compensatory time off should be granted in a manner that limits the impact on overtime being generated by the employee requesting the time off and by the department as determined in the Town’s discretion.
10.2 Overtime Compensation
For hours worked in excess of forty (40) hours in any workweek, one of the following shall occur at the discretion of the employee.
(1) Employee shall accrue compensatory time-off on a time-and-one-half basis; or, (2) Overtime shall be paid at time-and-one-half the regular rate of pay.
10.3 Maximum Accumulation of Compensatory Time
Employees may accumulate up to one hundred and forty (140) hours of compensatory time. Until the accrued compensatory leave balances are reduced to below one hundred and forty (140) hours, employees shall receive overtime compensation as pay.
10.4 Usage of Compensatory Time
Compensatory time earned shall be used at the employee’s discretion with the prior approval of the Chief of Police, or designee. The employee shall be permitted to use the compensatory time off within a reasonable period after making a request if the employee’s use of the compensatory time does not unduly disrupt the operation of the department The department will make every effort to accommodate compensatory leave requests.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
10.5 Compensatory Leave at Termination
Upon separation from the Town, employee shall receive payment for all accrued compensatory leave at the employee’s current regular rate of pay, or as required by law.
ARTICLE 11. Longevity Pay
11.1 Employees shall receive longevity pay at the following rates, which are not cumulative or stackable:
3.0% at completion of the 10th year
6.0% at completion of the 15th year
9.0% at completion of the 20th year
11.2 Longevity pay shall be paid in accordance with the Town’s regular payroll schedule, beginning on the first full pay period after the above periods of continuous service with the Town. Longevity pay shall be calculated at the above stated percentage of the employee's current base rate of pay.
ARTICLE 12. Holiday Pay
In lieu of receiving holidays off, each employee shall receive holiday pay in the amount of seven and onehalf percent (7.5%) of the employee’s base rate of pay. As holiday payments to employees are not compensation for hours worked, Holiday Pay is not to be paid on the employee’s regular rate of pay, nor is it to be included in the overtime calculation as required and provided by the FLSA.
ARTICLE 13. POST Pay
(a) Employees possessing an intermediate California P.O.S.T. certificate shall receive a pay differential of two and one-half percent (2.5%) of their base rate of pay. (b) Employees possessing an advanced California P.O.S.T. certificate shall receive a pay differential of seven and one-half percent (7.5%) of their base rate of pay salary (inclusive of the 2.5% intermediate California P.O.S.T. certificate).
ARTICLE 14. Bilingual Pay
Employees who meet bilingual proficiency qualifications shall receive a pay differential of five (5.0%) of their base rate of pay. The Chief of Police shall designate the language and testing requirements, including periodic re-examination of proficiency as deemed appropriate, which will determine the qualifications for and maintenance of this incentive.
ARTICLE 15. Special Assignment Pay
15.1 Employees assigned by the Chief of Police, or designee, to work in the classification of Officer-InCharge (OIC) or Field Training Officer (FTO) shall receive an additional five percent (5.0%) pay above their base rate of pay. Employees shall only receive this special pay when actually in the performance of OIC or FTO duties as determined by the Chief of Police, or designee. Employees assigned as the OIC shall receive a minimum of five (5) hours OIC pay for each shift assigned, provided the five (5) hours does not exceed the end of the employee’s shift.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
To meet CalPERS reporting requirements for OIC and FTO special assignment pay, these additional types of pay are considered “Lead Worker/Supervisor Premium” and shall be reported to CalPERS as such.
15.2 Employees selected and assigned to detail in the positions of Detective, DARE Officer (SRO), and Drug Enforcement Officer shall receive an additional five percent (5.0%) above their base rate of pay for the duration of the assignment.
To meet CalPERS reporting requirements for Drug Enforcement Officer special assignment pay, this type of pay shall be considered “Narcotic Division Premium” and shall be reported to CalPERS as such.
15.3 Employees selected by the Chief of Police to be trained in and assigned to the Sexual Assault Response Team (SART) and/or Special Enforcement Detail (SED) shall receive an additional twoand one-half percent (2.5%) above their base rate of pay for the duration of the assignment.
To meet CalPERS reporting requirements for SART and SED special assignment pay, SART shall be considered “Police Investigator Premium” and SED shall be considered “Hazard Premium” and both shall be reported as such.
15.4 No employee shall be eligible to receive more than seven- and one-half percent (7.5%) in special assignment pay, exclusive of OIC and FTO pay.
ARTICLE 16. Court Pay
Employees required to appear in court on behalf of the Town, shall be compensated at one and one-half (1- 1/2) times their regular rate of pay, with a minimum of four (4) hours, providing that this four (4) hour period does not overlap into the employee’s regularly assigned shift.
If the court appearance should fall within one (1) hour after the employee’s regularly assigned shift or one (1) hour before the employee’s regularly assigned shift, the employee shall be compensated only for those hours prior to or extending beyond the assigned shift.
During off-duty time, when the appearance does not require the employee to be physically present (i.e.
DMV telephone appearance), employee shall be compensated for a minimum of two (2) hours at one and one-half (1-1/2) their regular rate of pay per appearance.
If an employee is called off a mandatory court appearance with twenty-four (24) hours or more notice, employee shall not receive “on-call” compensation. If employee is called off between twenty-four (24) and twelve (12) hours prior to appearance time, employees shall be entitled to two (2) hours of “on-call” pay.
If employee is called off with less than twelve (12) hours’ notice, they shall be entitled to three (3) hours of “on-call” pay.
ARTICLE 17. “Call-In” Pay
Call-ins occur when employees are off duty and are called in to work for any reason, including but not limited to, training. An employee who is called in to work shall receive a minimum of four (4) hours pay at one and one-half (1-1/2) the employee’s regular rate of pay, providing that this four (4) hour period does not overlap into the employee’s regularly assigned shift, at which time employee will be paid for overtime hours actually worked.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
ARTICLE 18. “On-Call” Pay
Employees who are assigned when off-duty to be “on-call” for an identified shift must be available to come in to work when requested to do so during that shift. Employees assigned to be “on-call” shall receive compensation equal to two hours at one and one half (1-1/2) times the employee’s regular rate of pay for each shift they are “on-call”. “On-call” hours shall not be considered as “time worked” for purposes of calculating overtime.
ARTICLE 19. Anniversary Awards
19.1 The Town Council recognizes the important contribution made by long-term employees and wishes to reward their service to the Town. Long-term employees are the Town’s most valuable asset and are to be commended for their skill, talent, dedication, and service.
19.2 The Town shall award employees for every five years of service to the Town according to the schedule below. The following schedule of awards is intended to accompany a certificate of appreciation from the Town Council:
Years Award
5 years 20 hours of paid administrative anniversary leave 10 years Council recognition and 30 hours of paid administrative anniversary leave 15 years Council recognition and 40 hours of paid administrative anniversary leave 20 years Council recognition and 50 hours of paid administrative anniversary leave 25 years Council recognition and 80 hours of paid administrative anniversary leave 30 years Council recognition and 80 hours of paid administrative anniversary leave 35 years Council recognition and 80 hours of paid administrative anniversary leave Paid anniversary leave shall have no cash value and must be used within twelve months of the employee’s anniversary date.
ARTICLE 20. Equipment and Uniforms
20.1 Equipment and Uniforms
The Mammoth Lakes Police Department takes pride in the professional standard presented by its employees and provides an equipment and uniform reimbursement program to ensure such professional standards are maintained.
Upon hire, employees shall be provided with new, or like new, safety equipment, foul weather gear, and uniform items in accordance with department policy. Following initial issue, employees shall be eligible for reimbursement of up to $1,300 per fiscal year to be used for the replacement, repair, purchase, cleaning, and maintenance of safety equipment, foul weather gear, and uniform items for law enforcement purposes to be used while on duty only, excluding firearms. At the completion of one (1) year of service, new employees shall be entitled to a pro-rata amount for the remainder of the fiscal year. Unexpended balances shall not roll over to the following fiscal year. Reimbursement shall be authorized at the discretion of the Town Manager, or designee, upon submittal of proof of purchase.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
Safety equipment, foul weather gear, and uniform items damaged in the course of duty (i.e. biohazard contamination) will be repaired or replaced by the Town. This excludes normal wear and tear, which is the responsibility of the employee.
Employees may be required to replace equipment and uniform items at the discretion of the Chief of Police, or designee, if the item does not meet the professional appearance standard set forth by the department or does not meet safety requirements. Should the employee have exhausted their $1,300 balance, replacement of safety equipment, foul weather gear, and uniform items shall be at the employee’s own cost. Alterations and customizations beyond what is considered required by the department, shall not be paid for by the Town.
20.2 Reimbursement for Body Armor
Following initial issue, the Town shall provide all employees with a ballistic vest, and carrier consistent and comparable to current equipment used, for use while on duty. Request for specialized body armor or a ballistic vest exceeding Level IIIA must be submitted in writing to the Town Manager, or designee, for approval prior to purchase or replacement.
ARTICLE 21. Duty Weapon Ownership
Employees shall be provided with a one-time duty weapon reimbursement not to exceed $1,000 for a duty weapon for use when on duty and accessories required for the weapon, which must be pre-approved by the Chief of Police. Employees may purchase the handgun of their choice subject to prior approval by the Chief of Police, or designee.
Employees are required to submit their duty weapon to the Chief of Police or designee annually for inspection. Any employee whose weapon is not fit for duty may, at the discretion of the Chief of Police, be issued a department-owned weapon until the employee’s weapon is able to be returned to duty. All costs for maintenance and repair of duty-weapons shall be submitted to the Town for reimbursement.
Employees who complete five (5) years of satisfactory service, shall have the option to take full ownership of their duty weapon (department-issued or purchased) upon separation of employment from the Town. At separation from less than five (5) years of service, employees may purchase their duty weapon at twenty percent (20%) per year depreciation value, to be determined by the Chief of Police, or designee.
ARTICLE 22. Comprehensive and Other Leave
22.1 Comprehensive Leave
Comprehensive leave replaces vacation leave, personal leave, and bereavement leave.
22.2 Scheduling/Notification
The scheduling of paid leave for vacation and personal leave purposes and the amount to be taken at any one time shall be approved by the Chief of Police, or designee, in accordance with the department’s rules and with regard for the needs of the department primarily and the preferences of the employee secondarily. Employee must submit their request to use paid leave at least two weeks in advance in order for the department to mandate the shift(s) to be covered. If a request is submitted less than two (2) weeks in advance, approval shall depend on voluntary coverage.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
If an employee finds it necessary to take paid leave which has not been scheduled in advance, for bereavement, emergencies, etc., it is the responsibility of the employee to contact their supervisor at least one hour prior to the beginning of their workday to inform the supervisor of their absence.
In such circumstances, the Chief of Police, or designee, may mandate shift coverage.
22.3 Comprehensive Leave at Termination
Upon separation from the Town, employee shall receive payment for all accrued comprehensive and compensatory leave at the employee’s current regular rate of pay or as required by law.
22.4 Effect of Extended Military Leave
State and federal law require an employer to grant an employee leave for specified military service.
The Town will abide by both the spirit and intent of the law.
An employee who is on military leave may, at the employee’s request, use comprehensive leave at the time the military leave becomes effective, or at any time during the course of the extended leave.
22.5 Comprehensive Leave Payouts
Employees who have comprehensive leave balances in excess of four hundred (400) hours annually on July 1, shall have those hours in excess of four hundred (400) hours converted to cash and deposited into the employee’s MissionSquare Retirement Health Savings (“RHS”) account.
Employees may request a pay-out of up to one hundred (100) hours of comprehensive leave annually to be paid in December. All such requests will be processed, and pay-outs made in accordance with a schedule established by the Administrative Services/Finance Director.
Employees will be provided ample advance notification of the schedule. Employees requesting a pay-out must retain an accrued comprehensive leave balance of not less than two hundred (200) hours. Pay-outs will be made at the employee’s current regular rate of pay.
The Town Manager may authorize payouts at other times upon the specific written request of an employee, but only in the event that extraordinary circumstances warrant such consideration.
22.6 Comprehensive Leave Accruals
Employees shall accrue comprehensive leave based upon their length of continuous service, according to the following schedule:
(a) 0-1 years of service 7 hours a month
(b) 1-2 years of service 10 hours a month
(c) 2-3 years of service 12 hours a month
(d) 3+ years of service 15 hours a month
22.7 Sick Leave
Employees shall accrue eight (8) hours a month of sick leave. There shall be no limit to the amount of sick leave hours an employee can accrue. Sick leave shall have no cash value and may not be converted to comprehensive leave. Upon separation, the employee’s sick leave balance shall not be
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
paid out but shall be reported to CalPERS and converted to service credit as permitted by law and by the Town’s contract with CalPERS
22.8 Parental Leave
The California Government Code provides a number of employee benefits for pregnancy, childbirth, and related conditions. The Town provides parental leave in accordance with applicable and state and federal law. The Town will provide up to date and current information on the benefits provided and make all such information available upon request. Such information will be available from the Human Resources Department.
22.9 Family and Medical Leave
State and federal law requires employers to grant family and medical leave under specified circumstances. The Town will abide by both the spirit and intent of the law. The Town provides family and medical leave in accordance with applicable state and federal law. Such information will be available from the Human Resources Department.
22.10 Jury Duty
Employees shall receive full compensation for serving on jury duty, provided that juror pay (not including mileage) received by the employee is paid to the Town.
22.11 Leave without Pay
The Chief of Police may approve an employee’s request for up to forty (40) hours of leave without pay per calendar year. Leave without pay may be granted only after all paid leave has been exhausted. All benefits, including leave accrual, health insurance, and retirement, shall be prorated accordingly to the reduction in work hours.
22.12 Unpaid Leave of Absence
The Town Manager may approve an employee’s request for up to six (6) months unpaid leave that will guarantee the employee shall retain permanent status upon return. Requests for a leave of absence will be made in writing to the Town Manager and shall contain all relevant facts and circumstances in support of the request. All benefits including leave accrual, health insurance, and retirement shall be terminated for the duration of the leave of absence, except as otherwise required by law. All accrued paid leave balances must be exhausted before the employee may go onto unpaid leave of absence.
ARTICLE 23. Health Insurance Benefits
23.1 Employees and their dependents shall be eligible for coverage under the Town’s health plan, subject to the plan’s term and conditions.
23.2 The Town will contract with CalPERS health insurance plan. The town will also maintain a flexible benefit program.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
23.3 The Town shall contribute the PEMCHA minimum amount required by CalPERS per month per employee as the “employer contribution” to the cost of the premium for the health program should the employee elect to participate in the plan.
23.4 The Town will provide a monthly contribution to each employee in an amount equal to the cost of coverage under the PORAC health insurance plan based upon the employee’s dependent status definition under the CalPERS health benefit program as “employee”, “employee +1”, or “employee +2” for the employee’s flexible spending (cafeteria) account. This amount is inclusive of the “employer contribution” for the CalPERS health program premium.
23.5 Medical-In-Lieu - Employees who do not elect to take the Town’s health insurance must provide proof of health coverage (in accordance with the Town’s Waiver of Health Plan Enrollment).
Employees who opt out of Town provided health insurance shall receive four hundred dollars ($400.00) per month in-lieu which shall be deposited into their MissionSquare RHS account
23.6 Employees may participate in the Health Reimbursement Arrangement Plan (HRA) as established by the Town to reimburse employees for vision and dental expenses as outlined in IRS publication 502 and the Town’s vision and dental policy up to a total of $1,500 for employees and $800.00 for each dependent (as defined by CalPERS Health) per fiscal year, which total may be combined for the use of either the member or any of their dependents. If two employees are married, they shall not be covered by each other, and their dependent children may only be covered by one parent.
New employees not employed by the Town for the full fiscal year shall be entitled to a pro-rata reimbursement amount upon hire. Up to 80% of the unused portion of the total benefit, (not to exceed $2,000 per year for employees with less than one year of service with the Town) may be “rolled over” from one fiscal year to the next, for a total of not more than three fiscal years. For purposes of identifying the unused portion, receipts for services performed in the previous fiscal year must be submitted within sixty (60) days of the beginning of the new fiscal year. Requests submitted after sixty (60) days after the close of the year will be paid out of the current fiscal year’s benefit amount. Requests for reimbursement for services performed in years prior to the immediately preceding fiscal year shall not be reimbursable.
The current fiscal year benefit amount will be used to pay all reimbursement requests. Once the current fiscal year benefit amount is exhausted, rollover benefit amounts from previous years will be used to fund the reimbursement requests. “Rollover Year 1” (defined as the year before the current fiscal year) benefit will be accessed first for reimbursement requests. “Then, Rollover Year 2”, (defined as the fiscal year before Rollover Year 1) benefit amount will be accessed for reimbursement requests. Finally, if current fiscal year and Rollover Years 1 and 2 benefits have been exhausted, “Rollover Year 3” will be accessed for reimbursement requests. Any amount remaining in “Rollover Year 3” 60 days after the close of a fiscal year will no longer be available to fund reimbursement requests. Employees may opt out of the HRA during the annual open enrollment period.
ARTICLE 24. Retirement
The Town will continue its participation in the California Public Employees’ Retirement System (CalPERS).
Retirement Tier 1 – Police Safety Members hired before January 1, 2013, or Classic Members as defined by CalPERS, shall receive the 3% @ 50 retirement formula, highest thirty-six (36) month average final compensation period, the Forth Level of the 1959 Survivor’s Benefit, Unused Sick Leave Option, and a
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
two percent (2.0%) retirement Cost of Living Adjustment (COLA). These Police Safety Members shall pay the entire twelve percent (12%) of the CalPERS employee’s contribution on a pre-tax basis.
Retirement Tier 2 – New Police Safety Members, as defined by CalPERS, hired on or after to January 1, 2013, shall receive the 2.7% @ 57 retirement formula, highest thirty-six (36) month average final compensation period, the Forth Level of the 1959 Survivor’s Benefit, Unused Sick Leave Option, and a two percent (2.0%) retirement Cost of Living Adjustment (COLA). These Police Safety Members shall pay half of the total normal cost of the retirement plan as determined annually by CalPERS.
ARTICLE 25. Retirement Health Savings Account
The Town shall contract with MissionSquare to provide a vehicle for retiree medical expenses. Employees shall contribute twenty-five dollars ($25.00) per pay period into their MissionSquare RHS account.
The Town shall contribute three hundred and seventy-five dollars ($375) per month into each employee’s MissionSquare RHS account.
ARTICLE 26. Deferred Compensation
The Town shall maintain a Deferred Compensation Plan (IRC Section 457(b) Plan) in good standing and shall make voluntary participation in the Plan available to all employees.
ARTICLE 27. Life Insurance
The Town shall provide a term life insurance policy for each employee in the amount of $50,000 until the age of seventy (70), after the age of seventy (70) the benefit shall be reduced to $25,000. Dependents of employees shall receive a term life insurance policy in the amount of $5,000.
ARTICLE 28: Rapid Response
At such time staffing levels drop below twelve (12) sworn Officers assigned to patrol, and this staffing level is anticipated to last for more than three (3) months, representatives from the Association and the Town will meet and confer regarding strategies to ensure proper staffing and coverage.
ARTICLE 29. Promotions
29.1 Sergeants
For vacancies in the classification of Sergeant, in the absence of a valid employment list, the Town will conduct a recruitment open to both internal and external applicants. The recruitment shall be conducted in accordance with the Town’s Personnel Rules and the testing process shall be determined between the Chief of Police and the Human Resources Department. If there are two (2) internal candidates who successfully pass the testing process, the Town shall select one (1) of the internal applicants for promotion to the classification of Sergeant. In the event there is only one (1) successful internal candidate, the Town may choose to promote that candidate, or to select an external candidate.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
At the conclusion of a selection process, successful candidates shall be advised within thirty (30) days, of their position on a valid employment list. When selecting from a valid employment list, the Town may select from any of the candidates regardless of their ranking.
29.2 Police Officers
Police Recruits who successfully complete the Police Academy shall immediately be promoted to the classification of Police Officer and shall be placed at step “A” within the PO/1 range.
ARTICLE 30. Worker’s Compensation
Whenever an employee is absent due to the filing of a workers’ compensation claim, the employee shall receive full compensation during the first fifteen (15) working days of such absence without deduction from accrued paid leave banks.
If the workers’ compensation claim is accepted, the employee shall receive one hundred percent (100%) of their gross pay on a pre-tax basis for a period of up to fifty-two (52) weeks pursuant to California Labor Code Section 4850.
After 4850 leave is exhausted, if the employee is still unable to return to duty, the employee may use accrued leaves to supplement the temporary disability benefits received from the Town’s workers’ compensation carrier up to the employee’s full gross pay. If all paid leave is exhausted, then the employee will be compensated at the statutory rate.
ARTICLE 31. Layoffs
In the event of layoff of employees covered by this MOU, employees shall be laid off in the inverse order of seniority.
Employees who are laid off may take a voluntary demotion within the Mammoth Lakes Police Department, to a class in which the employee had prior probationary or permanent status, provided such a position is held by an employee with less seniority.
A break in employment shall not result in loss of seniority as a result of layoff. Any employee laid off after acquiring permanent status shall, after reinstatement, regain the seniority possessed at the time of layoff. If two or more employees have identical seniority and identical time with the department, ties shall be broken by previous law enforcement experience within the State of California as a full time paid Peace Officer described under 830 P.C.
ARTICLE 32. Personnel Files
Upon approval by the Chief of Police, employees who do not have repeated similar misconduct may have any formal disciplinary action and/or investigations removed from their personnel file at the five (5) year anniversary date of the discipline.
A request to remove documentation for repeated similar misconduct shall be in writing to the Chief of Police and shall be the basis for the request. The removal of documentation shall be at the discretion of the Chief of Police. A decision not to remove documentation more than five (5) years old shall not be subject to challenge by the employee and shall not be subject to the grievance procedure.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
Employees wishing to inspect their personnel file may do so by contacting the Chief of Police, or designee.
ARTICLE 33. Grievance Procedure
33.1 Purpose
The purpose of this procedure is to provide for an orderly process for reviewing and resolving employee grievances at the lowest possible administrative level in the shortest possible time.
33.2 Formal Grievance Procedure
Level I
The grievant shall submit a written grievance to the Chief of Police within fifteen (15) days from the event giving rise to the grievance or from the date the employee could reasonably have expected to have had knowledge of such event. The Chief of Police, or designee, shall investigate the grievance, which may include a meeting with the concerned parties, and give a written answer to the grievant within fifteen (15) days of receipt of the grievance.
Level II
If the grievant is not satisfied with the written answer from the Chief of Police, the grievant may, within fifteen (15) days of such answer, file a written appeal to the Town Manager. The Town Manager shall investigate the grievance, which may include a meeting with the concerned parties and thereafter give a written answer to the grievant within fifteen (15) days of the receipt of the written appeal.
Level III
If the Association is not satisfied by the decision made by the Town Manager, the Association may, within fifteen (15) days of the receipt of the response from the Town Manager, request a hearing before a third party Hearing Officer. The parties shall select a Hearing Officer within fifteen (15) days from the request for a hearing.
The Hearing Officer shall conduct a hearing and shall either issue an oral bench decision, or shall, within thirty (30) days of conclusion of the hearing, render a written decision and/or order. Any decision and/or order of the Hearing Officer shall be advisory to the Town Manager. The Town Manager may affirm, modify, reverse, or otherwise resolve the decision of the Hearing Officer.
The Town Manager’s decision shall be final and binding.
33.3 Automatic Advances
If, at any step in the informal or formal grievance procedure, it is determined that the designated person who is to respond to the grievance does not have the authority to resolve the issue presented, the grievance automatically advances to the next line of authority, as designated in the grievance procedure, who does have the authority to respond.
33.4 Costs of Grievance Arbitration
The Town shall be responsible for the entire cost of a Hearing Officer.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
33.5 Time Limits
Time limits are considered an integral and important part of the grievance procedure and may not be waived except by mutual written consent of the parties. In the event that a grievant fails to carry their grievance forward within a prescribed time period, the grievance shall be considered withdrawn. If the Town fails to respond with an answer to a grievant within the required time period, the grievance shall be deemed settled in favor of the employee.
ARTICLE 34. Severability
Should any section, clause, or provision of the Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction or invalid by CalPERS, such invalidation of such section, clause, or provision shall not invalidate the remaining portions thereof, and such remaining portions shall remain in full force and effect.
Upon such invalidation, the parties agree immediately to meet and confer on substitute provision for such parts or provisions rendered or declared illegal or an unfair labor practice. If the parties are unable to reach an agreement through the meet and confer process, the matter shall be resolved by advisory arbitration. The final decision shall be rendered by Town Council.
ARTICLE 35. Duration
This Agreement is subject to all existing laws of the State of California, ordinances, and regulations of the Town of Mammoth Lakes. The terms and conditions set forth in this Agreement represent the full and complete understanding between the parties. This Agreement terminates and supersedes those past practices, procedures, understandings, traditions, agreements, or rules and regulations inconsistent with any matters covered in this Agreement. The parties acknowledge that, for the life of this Agreement, each voluntarily and unqualifiedly waives its right to negotiate and agrees that the other party shall not be obligated to negotiate, with respect to any matter covered by this Agreement. The Town agrees that the provision of this Agreement shall not be changed, however, the Town and the Association may mutually agree to reopen this Agreement by meeting and conferring on any provision of the Agreement. Nothing contained herein shall preclude the parties from meeting and conferring on matters not covered by this Agreement, in the accordance with the Meyers-Milias-Brown Act.
This Agreement shall be in effect from July 1, 2022 through June 30, 2025.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
APPENDIX A – Salary Schedules
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve and adopt Resolution No. 22-XX establishing the fiscal year 2022-23, 2023-24, and 2024-25 compensation schedules for the Mammoth Lakes Police Officers’ Association (“MLPOA”).
Council Meeting Date: 11/16/2022
Prepared by: Amanda Pelham, Human Resources Manager
Recommended Motion: Approve the Resolution adopting the compensation schedules for the next three fiscal years for the Mammoth Lakes Police Officers’ Association.
Summary: Town Management has met and conferred in good faith with one of its recognized employee associations, the Mammoth Lakes Police Officers’ Association (MLPOA), and recent labor negotiations have seen a tentative agreement reached between the Town of Mammoth Lakes and the MLPOA. The attached compensation schedules reflect the agreed upon increases to compensation for all positions represented by the association for the entire term of the agreement.
RESOLUTION NO. 22--XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, ESTABLISHING SALARIES FOR EMPLOYEES
IN POSITIONS REPRESENTED BY RECOGNIZED BARGAINING UNIT, THE MAMMOTH LAKES POLICE OFFICERS’ ASSOCIATION
WHEREAS, the Town of Mammoth Lakes (“Town”) recognizes the following bargaining unit:
the Mammoth Lakes Police Officers’ Association (“MLPOA”); and WHEREAS, the Town and the recognized bargaining unit have negotiated salary adjustments for the positions represented by the MLPOA; and
WHEREAS, the salary schedules provide information essential for required retirement reporting and other purposes; and
WHEREAS, the salary schedules for the bargaining unit are defined as provided in Attachment A and incorporated herein by and for reference.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES AS FOLLOWS:
The attached compensation schedules for fiscal years 2022-23, 2023-24, and 2024-25 will be effective July 11, 2022.
APPROVED AND ADOPTED THIS 16TH DAY OF NOVEMBER 2022.
_________________________________
LYNDA SALCIDO, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk
FY 2022-23: Effective July 11, 2022 Pay Range
Rev. October 2022
A B C D E A B C D E A B C D E
Police Officer PO/1 84,729 88,965 93,414 98,085 102,989 7,061 7,414 7,784 8,174 8,582 40.74 42.77 44.91 47.16 49.51 FY 2023-24: Effective July 2023 Pay Range
Rev. October 2022
A B C D E A B C D E A B C D E
Police Officer PO/1 87,271 91,634 96,216 101,027 106,078 7,273 7,636 8,018 8,419 8,840 41.96 44.05 46.26 48.57 51.00 FY 2024-25: Effective July 2024 Pay Range
Rev. October 2022
A B C D E A B C D E A B C D E
Police Officer PO/1 89,889 94,383 99,103 104,058 109,261 7,491 7,865 8,259 8,672 9,105 43.22 45.38 47.65 50.03 52.53 Rate Type: Annual Rate Type: Hourly Base Rate of Pay
APPENDIX A
Mammoth Lakes Police Officers' Association (MLPOA)
Salary Schedules – by Position
Rate Type: Monthly
Rate Type: Annual Rate Type: Monthly Rate Type: Hourly Base Rate of Pay Rate Type: Annual Rate Type: Monthly Rate Type: Hourly Base Rate of Pay
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Waive the reading and adopt by title only the ordinance amending Chapters 3.12 (Transient Occupancy Tax) and 5.40 (Transient Rentals of Residential Units) updating Citation Limits for Health and Safety Violations.
Council Meeting Date: 11/16/2022
Prepared by: Rob Patterson – Administrative Services / Finance Director Recommended Motion: Waive the reading and adopt by title only the ordinance amending Chapter 3.12.280 and 5.40.070 of the Town of Mammoth Lakes Municipal Code related to violation of Transient Occupancy Tax Code and Business Taxes, Licenses and Regulation as outlined in Attachment A.
Summary:
On November 2, 2022, Town Council received the first reading of that attached ordinance to update penalties allowed for violations of Short-term rental laws of the Town of Mammoth Lakes.
This second reading and adoption will allow for this ordinance to take effect after the 30-day waiting period associated with non-emergent updates to the Town’s Municipal Code.
Below you will find a summary of updates for this ordinance.
Summary of Updates
1. Connecting Chapters 3.12 and 5.40 as the Town’s “Short-term rental ordinance” such that a violation of either chapter is a violation of the same ordinance within the meaning of Section 36900.
2. Establishing the fact that violations of Chapter 3.12 of the code “pose a threat to public health and safety” within the meaning of Government Code Section 36900(d)(4).
3. Establishing the fact that violations of Chapter 5.40 of the code “pose a threat to public health and safety” within the meaning of Government Code Section 36900(d)(4).
4. Increase maximum fine amount to one thousand five hundred dollars ($1,500) for first violation.
5. Increase maximum fine amount to three thousand dollars ($3,000) for the second violation within one year.
6. Set a maximum fine of five thousand dollars ($5,000) for each additional violation within one year of the first violation.
7. Defining a process for granting hardship waiver under certain circumstances when the full amount of the fine would impose an undue financial burden on the responsible party.
These elements have been incorporated in the attached ordinance updates as outlined in Exhibit A.
1 ORDINANCE NO. 22-XX
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
MAMMOTH LAKES, STATE OF CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTERS 3.12 (TRANSIENT OCCUPANCY TAX) AND 5.40 (TRANSIENT
RENTALS OF RESIDENTIAL UNITS)
WHEREAS, the Town of Mammoth Lakes, California (“Town”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the Mammoth Lakes Municipal Code (“Code”) authorizes the operation of “transient occupancy facility[ies]”, allowing for rentals of premises for periods of 30 consecutive days or less, and imposes a tax on such transient occupancies; and WHEREAS, the Code establishes fines for violations of Chapters 3.12 and 5.40, which pertain to transient occupancy taxes and operating requirements for transient occupancy facilities, respectively; and
WHEREAS, in 2021 California law was amended through the adoption of Senate Bill 60, which amended California Government Code Section 36900 to increase the permissible fine amounts for any violation of a “short-term rental ordinance” which is an infraction, to a maximum of $1,500 for a first violation, $3,000 for a second violation of an ordinance within one year, and $5,000 for each violation of the same ordinance within one year of the first violation; and WHEREAS, Chapters 3.12 and 5.40 jointly and collectively comprise the Town’s “shortterm rental ordinance” within the meaning of Section 36900, such that a violation of either chapter is a violation of the same ordinance; and
WHEREAS, the Town derives the majority of its revenue from the transient occupancy tax imposed by Chapter 3.12 of the Code, such that collection of all transient occupancy tax owed to the Town is vital in order to ensure that the Town can consider providing law enforcement, code enforcement, parks and recreation, and other services and facilities necessary to protect the public health and safety; and
WHEREAS, the Town Council finds that all violations of Chapter 3.12 of the Code “pose a threat to public health and safety” within the meaning of Government Code Section 36900(d)(4); and
WHEREAS, the purpose of Chapter 5.40 of the Code is stated in Section 5.40.010 as ensuring that “transient rental use “does not create adverse impacts to neighboring properties due to excessive traffic, noise, trash, and similar issues [and] to ensure that the number of occupants within such rental units does not exceed the design capacity of the structure or cause health and safety concerns and that minimum health and safety standards are maintained in such units to protect the visitor from unsafe or unsanitary conditions”; and
2 WHEREAS, the Town Council finds that all violations of Chapter 5.40 of the Code “pose a threat to public health and safety” within the meaning of Government Code Section 36900(d)(4); and
NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, State of California, does ordain as follows:
Section 1: Municipal Code Section 3.12.280, Violation - Penalty, and Municipal Code Section 5.40.070, Violations, are hereby amended and restated to read as set forth in Exhibit A attached hereto and incorporated herein.
Section 2: POSTING
The Town Clerk shall, within fifteen (15) days after the passage of this Ordinance, cause it to be posted at the duly designated posting places established by resolution of the Town Council, published once in a newspaper of general circulation, and entered in the Book of Ordinances of the Town.
Section 3: SEVERABILITY
If any provision of this Ordinance of the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Ordinance are declared to be severable.
The foregoing Ordinance was PASSED, APPROVED, AND ADOPTED on the 2nd day of November 2022.
_________________________________
Lynda Salcido, Mayor
ATTEST:
__________________________
Jamie Gray, Town Clerk
3 EXHIBIT A
3.12.280 - Violation—Penalty.
A. Any person, including any transient, who violates any of the provisions of this chapter shall be guilty of an infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, and may be punished accordingly. The foregoing notwithstanding, in the discretion of the district attorney or the town attorney, upon a showing of gravity of offense, any violation of any provision of this chapter may be prosecuted as a misdemeanor.
B. Other than delinquent tax remittal addressed in Sections 3.12.080 through 3.12.120, any person, including any transient, who violates any provision of this chapter may be subject to administrative fines as set forth in Chapter 8.32, provided that such violations shall be subject to a fine not exceeding one thousand five hundred dollars ($1,500) for a first violation, a fine not exceeding three thousand dollars ($3,000) for a second violation of this chapter or Chapter 5.40 within one year, and a fine not exceeding five thousand dollars ($5,000) for each additional violation of this chapter or Chapter 5.40 within one year of the first violation. Any violation of any provision of this chapter which occurs on more than one day shall constitute a separate violation for each day or portion thereof during which such violation occurs.
C. Notwithstanding subsection B of this section, the $1,500, $3,000, and $5,000 fines set forth therein shall not apply to: (i) a first time offense of failing to obtain a transient occupancy registration certificate or business tax certificate or pay a fee for either of those certificates; or (ii) violations committed in connection with the transient rental of a commercially operated hotel, motel, bed and breakfast inn, time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code, lodge, inn, camping site, space where camping or remaining overnight on a transient basis is permitted at a campground or recreational vehicle park, or the rental of anything that is not a “transient occupancy facility” as defined in Section 3.12.020.
D. Town staff shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
E. 1. Notwithstanding subsection A of this section, any operator or other person who fails or refuses to register as required in this chapter, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax collector, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor.
4 2. Any person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due as required by this chapter to be made is guilty of a misdemeanor.
F. Any transient occupancy facility operated without an approved transient registration certificate or without collecting and paying transient occupancy taxes to the town as required in this chapter is a public nuisance and may be abated as provided for in Chapter
8.20. 5.40.070 - Violations.
A. A violation of any provision of this chapter, and/or the renting of any property in a zoning district that does not allow for such transient rental, or without proper land use approvals, is subject to the general penalty provisions and/or the administrative citation provisions set forth in Chapter 1.12 and Chapter 8.32 of the Municipal Code, respectively, and any other civil or administrative remedy allowed by law, provided that such violations shall be subject to a fine not exceeding one thousand five hundred dollars ($1,500) for a first violation, a fine not exceeding three thousand dollars ($3,000) for a second violation of this chapter or Chapter 3.12 within one year, and a fine not exceeding five thousand dollars ($5,000) for each additional violation of this chapter or Chapter 3.12 within one year of the first violation.
B. Notwithstanding Chapter 1.12 and subsection A of this section, the administrative fine for the operation of any transient occupancy facility without a valid business tax certificate shall be five hundred dollars for the first violation.
C. Notwithstanding subsection A of this section, the $1,500, $3,000, and $5,000 fines set forth therein shall not apply to: (i) a first time offense of failing to obtain a transient occupancy registration certificate or business tax certificate or pay a fee for either of those certificates; or (ii) violations committed in connection with the transient rental of a commercially operated hotel, motel, bed and breakfast inn, time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code, lodge, inn, camping site, space where camping or remaining overnight on a transient basis is permitted at a campground or recreational vehicle park, or the rental of anything that is not a “transient occupancy facility” as defined in Section 3.12.020.
D. Town staff shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
5 E. Non-compliance by an operator of the requirements for registration and operation of transient rental units may result in the revocation of the business tax certificate authorizing the use, and no new business tax certificate may be issued to the same licensee for operation of a transient occupancy facility for a period of twelve months following such revocation.
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Public hearing to consider a grant application for the State Permanent Local Housing Allocation program.
Council Meeting Date: 11/16/2022
Prepared by: Nolan Bobroff, Senior Planner / Housing Coordinator Recommended Motion: Adopt a resolution approving a grant application to the State Permanent Local Housing Allocation (PLHA) Program and approving the Town’s 2019-2023 Permanent Local Housing Allocation (PLHA) Plan.
Summary: In 2017, the State of California passed a 15-bill housing package to address the state’s housing shortage and high housing costs. This included the Building Home and Jobs Act (SB2, 2017), which established a $75 recording fee on real estate documents.
Seventy percent of these recording fees are being set aside for a Permanent Local Housing Allocation (PLHA) program. The PLHA program is overseen by the State’s Department of Housing and Community Development (HCD). HCD published a Notice of Funding Availability (NOFA) in August 2022, announcing the availability of approximately $335 million in funding.1 Those funds were then allocated to all cities and counties throughout the State for eligible housing and homelessness activities. In order to receive the allocated funds, a jurisdiction is required to have a five-year plan in place that outlines how the grant funds will be spent. Jurisdictions are required to have expended a portion of the grant funds each year in order to receive the next year’s allocation.
Pursuant to the NOFA, the total amount of funds allocated to the Town of Mammoth Lakes for the five-year period of 2019-2023 is estimated to be $490,382. The current grant application is for the calendar years 2019-2021 allocations of which the Town has been allocated $359,816.
Jurisdictions may use up to 5% of that allocation for general administration of the grant. The table below shows the funding allocations for the three-year period that this application covers.
Mammoth Lakes
PLHA Funding
Total 3-Yr.
Allocation 2019 2020 2021
Allocation $359,816 $81,730 $123,924 $154,162
5% Admin $17,990 $4,086 $6,196 $7,708
95% Project
Funding $341,826 $77,644 $117,728 $146,454
The following list summarizes the eligible activities that PLHA funds can be used for pursuant to the NOFA:
A. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is affordable to households earning less than 120% AMI.
1 The NOFA is available here: https://www.hcd.ca.gov/sites/default/files/docs/grants-and-funding/2022- PLHA-Formula-NOFA-R3-Amendment-1.pdf
B. The predevelopment, development, acquisition, and preservation of affordable rental and ownership housing, including ADUs, that meets the needs of a growing workforce earning up to 120% AMI.
C. Matching portions of funds places into Local or Regional Housing Trust Funds.
D. Assisting persons who are experiencing or are at-rick of homelessness.
E. Accessibility modifications in lower-income owner-occupied housing where the household income does not exceed 80% AMI.
F. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments for households earning up to 120% AMI.
G. Homeownership opportunities, including, but not limited to, down payment assistance to those earning up to 120% AMI.
This public hearing is an opportunity for the public and the Town Council to provide comments and direction on the activities to be included in the Town’s PLHA 5-year plan. Additionally, the five-year plan can be amended for future year allocations to address changing conditions or uses for the funding as needed.
Proposed Activity
Staff’s recommendation for the funds is to fund a down-payment assistance program to provide deferred, no interest loans to households earning up to 120% AMI. Other existing down-payment assistance programs, such as CDBG or HOME, only allow for households earning at or below 80% AMI to be eligible for the funds, whereas the PLHA funds can be used for households whose income is at or below 120% AMI, thereby providing down-payment assistance to a broader range of the community. The funds allocated for the period of 2019-2021 would allow for 3 - 4 downpayment assistance loans and the additional funding for years 2022-2023 would allow for an additional 1 - 2 loans.
Mammoth Lakes Housing (MLH) has expressed interest in being a sub-grantee to the Town to assist with the administration of the grant and assisting households through the homeownership process. MLH would be compensated for their time utilizing the general administration allocation.
RESOLUTION NO. 2022-__
TOWN OF MAMMOTH LAKES
AUTHORIZING RESOLUTION OF THE TOWN OF MAMMOTH LAKES
AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN
FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
_____ of the Town Council Members of the Town of Mammoth Lakes hereby consents to, adopts, and ratifies the following resolution:
A. WHEREAS, the Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).
B. WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program; C. WHEREAS, the Town of Mammoth Lakes is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.
D. WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; NOW THEREFORE BE IT RESOLVED THAT:
1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.
2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $490,382 in accordance with all applicable rules and laws.
3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.
4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
Resolution No. 22-__
5. If applicable, Applicant certifies that it was delegated by [n/a] to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.
6. If applicable, Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.
7. If applicable, Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.
8. If applicable, Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.
9. If applicable, Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).
10. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.
11. Town Manager is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.
Resolution No. 22-__
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Mammoth Lakes this 16th day of, November 2022, by the following vote:
AYES: ________ ABSTENTIONS: ________ NOES: ________ ABSENT: ________ Signature of Approving Officer: ___________________________________ LYNDA SALCIDO, Mayor
Town Council
CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of the Town of Mammoth Lakes, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the Town Council of the Town of Mammoth Lakes which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
ATTEST: ____________________________________
JAMIE GRAY, Town Clerk
Town of Mammoth Lakes, State of
California
Final Filing Date: October 31, 2022
at 4:00 P.M. PST
Permanent Local Housing Allocation
(PLHA) Formula Allocation
2022 Application for New Applicants
State of California
Governor, Gavin Newsom
Lourdes Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 PLHA Program Email: [email protected]
Local Government Formula Allocation for New Applicants Rev. 2/16/22 437 Old Mammoth Road, Suite 230 (PO Box 1609)
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to a Local Housing Trust Fund or to another Local Government, the Applicant (for which information is required below) is the Local Housing Trust Fund or administering Local Government. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement.
The 302(c)(4) Plan template worksheet requires first choosing one or more of the Eligible Activities listed below. If "Yes" is clicked, the 302(c)(4) Plan worksheet opens a series of questions about what precise activities are planned. Some specific activities, such as providing downpayment assistance to lower-income households for acquisition of an affordable home, could be included under either Activity 2 or 9. Please only choose one of those Activities; don't list the downpayment assistance under both Activities.
If the PLHA funds are used for the same Activity but for different Area Median Income (AMI) level, select the same Activity twice (or more times) and the different AMI level the Activity will serve. Please enter the percentage of funds allocated to the Activity in only the first Activity listing to avoid double counting the funding allocation.
For each year (2019-2023), allocations must equal 100% annually including the allowable administrative costs of up to 5% 2021 PLHA NOFA Formula Allocation Amount: $123,924 2021 NOFA Allowable Local Admin (5%): $6,196 Uploaded to HCD?
§300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? CA
§302(c)(3) Applicant certified in the Resolution submitted with this application that, if the Local Government proposes allocation of funds for any activity to another entity, the Local government’s selection process had no conflicts of interest and was accessible to the public. §302(c)(2) Applicant certified in the Resolution submitted with this application that submission of the applicati on was authorized by the governing board of the Applicant.
Eligible Activities, §301
Title:
93546
Yes
§302(a) The Applicant's Housing Element and Delegating Local Government's Housing Element (if applicable) was/were adopted by the Local Government’s governing body by the application submittal date subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585.
Yes
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.
State: CA
Address:
Nolan Bobroff
Town Manager
437 Old Mammoth Road, Suite 230 (PO Box 1609)
Yes
Threshold Requirements, §302
§302(b) Applicant or Delegating Local Government has submitted the current or prior year's Annual Progress Report to the Department of Housing and Community Development pursuant to Government Code Section 65400. Yes §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300 (c) and (d)? A sample agreement can
be found by double clicking
on the icon to the right
§302(c)(5) Applicant certified in the Resolution submitted with this application that the Plan submitted is for a term of five years (2019-2023). Local Governments agree to inform the Department of changes made to the Plan in each succeeding year of the term of the Plan. Yes §302(c)(6) Applicant certified in the Resolution submitted with this application that it will ensure compliance with §302(c)(6) if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects.
Yes
Yes §302(c)(4)(D) Applicant certified in the Resolution submitted with this application that the Plan was authorized and adopted by resolution by the Local Government and that the public had an adequate opportunity to review and comment on its content. §302(c)(7) Applicant certified in the Resolution submitted with this application that it will ensure that the PLHA assistance is in the form of a low-interest, deferred loan to the Sponsor of the Project, if funds are used for the development of an Affordable Rental Housing Development. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.
Yes
File Name: Reuse Plan Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301.
Narrative uploaded
to HCD? Yes
§302(c)(8) Has Applicant attached a program income reuse plan describing how repaid loans or accrued interest will be reused for eligible activities specified in Section 301? Yes
§302(c)(4) Applicant certified in the Resolution submitted with this application that the application include a Plan in accordance with §302(c)(4)? Applicant Delegation Agreement Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 17, column AI) Yes
Yes
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
N/A
File Name:
Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2019-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.
No
App1 TIN
Application and Adopting the
PLHA Plan (2019-2023 Allocations)
Reso
§301(a) Eligible activities are limited to the following: Included? File Name:
Uploaded to HCD? N/A
Uploaded to
HCD? Yes
Yes
File Name:
Contact Phone:
Mammoth Lakes State:
$81,730 2020 NOFA Allowable Local Admin (5%): $4,087
Eligible Applicants §300
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments.
Applicant: Town of Mammoth Lakes
County:
(760) 965-3631
93546
Auth Rep Name: Daniel C. Holler
City: Mammoth Lakes CA Zip:
Zip Code:
2022 PLHA NOFA Formula Allocation Amount: $154,162 2022 NOFA Allowable Local Admin (5%): $7,708 Eligible Applicant Type: Nonentitlement.
Local Government Recipient of PLHA Formula Allocation: Mammoth Lakes 2020 PLHA NOFA Formula Allocation Amount:
Zip Code:
(760) 965-3601
Contact Name:
City:
Phone:
Address:
Address:
437 Old Mammoth Road, Suite 230 (PO Box 1609)
Contact Email: [email protected]
City:
State: 93546 Mono
Mammoth Lakes
Auth Rep. Email: [email protected]
Title: Housing Coordinator
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
SAMPLE -Legally
Binding Agreement
PLHA Page 1 Formula Allocation Application
Administration
Signature Date
Certifications
Applicant agrees to adhere to §503, Reporting. Yes
Applicant agrees to adhere to §502, Cancellation/Termination.
Authorized Representative Printed Name Title
Yes
On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block.
Applicant agrees to adhere to §501, Audits/Monitoring of Project Files. Yes Applicant agrees to adhere to §500, Accounting Records. Yes PLHA Page 2 Formula Allocation Application
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.
The Town of Mammoth Lakes Housing Element includes Policy H.2.A: Utilize a range of strategies to facilitate a diverse range of housing types, consistent with Town design and land use policies, to meet the needs of all local residents, particularly the local workforce and Action H.2.A.4: The Town will gather research and data to support a program that builds upon the existing Homebuyer Assistance program through Mammoth Lakes Housing, Inc. to assist moderate- and middle-income households, up to 200% AMI with down payment assistance or assistance with second mortgages. §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.
The Town of Mammoth Lakes plans to use the PLHA funds towards a Down-payment Assistance Program to provide loans to qualified low- and moderate-income households to buy affordable homes. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).
Eligible households include low- and moderate-income households, which includes households at or below 60% of the AMI. Therefore, households at or below the 60% AMI level are eligible and encouraged to apply for funding.
Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. Enter Percentage of Funds Allocated for Affordable Owner-occupied Workforce Housing (AOWH) 100%
To provide down-payment assistance loans to low- and moderate-income households earning up to 120% AMI.
Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).
Funding Allocation Year 2019 2020 2021 2022 2023
Type of Homeowner Assistance
Down
Payment
Assistance
Down
Payment
Assistance
Down
Payment
Assistance
Down
Payment
Assistance
Down
Payment
Assistance
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity
100.00% 100.00% 100.00% 100.00% 100.00%
§302(c)(4)(E)(ii) Area Median
Income Level Served 120% 120% 120% 120% 120% TOTAL
§302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for years 2019,
2020, 2021 only
65 65
§302(c)(4)(E)(ii) Projected
Number of Households Served 1 11 3
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity
55 55 55 55 55
PLHA Page 162 of 267 Page 1 302(c)(4) Plan
1. Contract with a sub-grantee to manage the down-payment program; 2. Refine existing down-payment assistance program guidelines to encompass the PLHA program requirements; 3. Advertise and market the availability of the program and accept applications. It's anticipated that the first down-payment assistance loan would be made within six (6) months of being awarded the grant.
PLHA Page 163 of 267 Page 2 302(c)(4) Plan
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Resolution providing $25,000 in emergency one-time funding to the Southern Mono Historical Society.
Council Meeting Date: 11/16/2022
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Approve the Resolution providing $25,000 in emergency community support funding to the Southern Mono Historical Society.
Summary:
On September 21, 2022, the Town Council received an update on the work, programming, and financial status of the Southern Mono Historical Society (Historical Society). While the financial outlook for the Historical Society was concerning, an immediate need to balance out the Historical Society’s budget was not anticipated. The financial position of the Historical Society has changed over the past few months, and they are now in a negative financial position and unable to pay some of their bills. The Historical Society has an approximate deficit of $20,000, with bills currently due or past due. They are requesting one-time emergency funding grant of $25,000. The attached resolution provides for the one-time additional funding of $25,000 for the Historical Society. The funding will cover the current financial shortfall and provide some additional funds for the coming months, which should have limited expenses. A letter from the Historical Society outlining their need and request is attached. The Historical Society has hired a new accounting firm and initiated an audit of their finances. Town staff will reach out to Historical Society board members to meet and review options for addressing their financial position. The Historical Society operates the Hayden Cabin and Museum, provides a mix of outdoor activities highlighting the area’s history and culture, supports community activities, rents out space for special events and provides other services such as the storyteller program on the summer Trolleys. The funding will assist in supporting the Historical Society until they can open the Hayden Cabin Museum on Memorial Day 2023. Staff is recommending Council approve the resolution authorizing the requested funding.
RESOLUTION NO. 22-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
AUTHORIZING AN EMERGENCY ONE-TIME GRANT OF TWENTY-FIVE THOUSAND DOLLARS ($25,000) TO SOUTHERN MONO HISTORICAL SOCIETY
WHEREAS, at the direction of the Town Council the Town of Mammoth Lakes has provided ongoing support to the Southern Mono Historical Society (Historical Society); and WHEREAS, the Historical Society provides a variety of cultural, historical, and community programs enhancing overall information and experiences for local residents and visitors including the management of the Hayden Cabin site; and
WHEREAS, the Historical Society has informed the Town that it is experiencing a financial shortfall in meeting operating expenses in the current year that may result in the financial non-viability of the Historical Society going forward; and
WHEREAS, the Historical Society has an immediate need for financial support to provide funding to meet administrative and program-incurred expenses, in order to avoid any discontinuation of programs or services and to provide an opportunity for the Historical Society to examine its operations and expenses, work with Town representatives, and search for ways to continue services in the coming years.
NOW, THEREFORE, BE IT RESOLVED, that a grant in the amount of twenty-five thousand dollars ($25,000) is authorized to the Southern Mono County Historical Society, in addition to the Town’s ongoing community support for the services, programs, and work undertaken by the Historical Society.
BE IT FURTHER RESOLVED that the recitals above are adopted as findings by the Town Council, and that the Town Council further finds that the provision of financial support for the Historical Society provides cultural, historical, and community activities and programs that benefit the community, serves a public purpose, and supports ongoing cultural and historical information and maintenance of the historical Hayden Cabin in Mammoth Lakes.
BE IT FURTHER RESOLVED that the Town Manager is authorized to utilize appropriated contingency funding to increase the community support account (100-416-4220) by $25,000 to further support the Historical Society, upon execution by the Town and the Historical Society of a grant agreement defining the allowed uses of this grant funding.
APPROVED AND ADOPTED THIS 16TH day of November 2022.
___________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk
The Mammoth Museum
Southern Mono Historical Society
Board of Directors
Robert L. Joki – President
Dan Lyster
Kevin Green
Tony Rojas
November 1, 2022
Town of Mammoth Lakes
Mr. Dan Holler – Town Manager
Town Council Members
Dear Mr. Holler and Town Council Members,
In my capacity as President of The Southern Mono Historical Society / Mammoth Museum, and with full support of the Museum’s Board, I am writing this letter to request your consideration for an Emergency Funding Grant in the amount of $25,000 dollars for the Southern Mono Historical Society.
In May of 2021, our highly competent long-time accountant, bookkeeper, and Board Treasurer Mariann O’Connor retired from her position with the SMHS and moved out of state. Marianne left the museum’s books in good order at that time.
The Museum Board then followed recommendation to hire a local accountant with whom the Board then placed its trust to pay the bills, employees, and to keep the books in order. It has now come to our attention that this individual misrepresented herself, deceived us, and committed malfeasance throughout the 12-month period that she worked for the Museum.
The Board was shocked to recently learn that through the negligence of this bookkeeper, many of the financial obligations of the museum were not being paid, as the museum clearly had funds in its account to pay these obligations at the time they were incurred.
The bookkeeper was recently fired by the Museum Board, and the highly reputable CPA Kyle Spiewak at the accounting firm of Torrey Pines has now been hired to put the Museum’s books back in order. Torrey Pines will now handle accounting needs of the Museum going forward.
It has now been discovered by internal audit, that the bookkeeper has paid herself a total of $14,225.00 over the past 12 months – which the Board believes is a massive overpayment based on the inaction of this bookkeeper, and the actual and reasonable number of hours that would be required to do this job. The Board has also now learned that through the gross negligence of the bookkeeper, many of the Museum’s financial obligations are still outstanding, and as a result, the Museum has accrued a sizable financial liability. The Museum is now performing its own internal audit through the work of Torrey Pines Accounting, and the depth of this liability is just now becoming apparent to the Board.
The Museum now faces a financial deficit going forward. In order to meet the Museum’s current liabilities - and to be able to function through the Museum’s scheduled 2023 opening next Memorial Day weekend, the Museum will need Emergency Funding Assistance.
Thank you for your assistance in this highly unfortunate but important matter.
Sincerely,
Robert L. Joki
Robert Joki – President
Mammoth Museum SMHS
1 TOWN COUNCIL STAFF REPORT
Title: Consideration of an Ordinance Adopting and Amending the 2022 California Building Standards Code and making minor changes to Chapters 15.04, 15.12, 15.16, 15.24, 15.40 of the Mammoth Lakes Municipal Code and consideration of a resolution ratifying the Mamm Meeting Date: November 16, 2022
Prepared by: Tom Perry, Building Official
RECOMMENDATION:
Staff recommends the following to the Town Council: Approve Option 1 and waive the full reading and introduce by title only an ordinance amending Municipal Code Chapters
15.04, 15.12, 15.16, 15.24, and 15.40 to reflect adoption of the 2022 Edition of the California Building Standards Codes, including the California Building, Plumbing, Mechanical, Electrical, Residential, Energy, Historical Building, Existing Building, Referenced Standards, Administrative, and Green Building Standards Codes, minor changes to Chapters 15.12, 15.16, 15.24, and 15.40, adoption of the 2016 Edition of the American Concrete Institute 306R Guide to Cold Weather Concreting, and the 2021 Edition of the International Property Maintenance Code, with certain local amendments, additions and deletions and set a public hearing for December 7, 2022 to adopt the ordinance; and adopt a resolution ratifying the Mammoth Lakes Fire Protection District ordinance adopting the 2016 Fire Code.
BACKGROUND:
The California Building Standards Commission adopts and publishes the California Building Standards Code (Title 24 California Code of Regulations). These codes are revised annually and reprinted every three years. The 2022 Edition of the California Building Standards Code, which incorporates the model codes listed below, will become effective statewide on January 1, 2023. Section 15.04.030 of the Municipal Code as amended by the attached ordinance adopts these updated codes. 2022 California Administrative Code,
2022 California Building Code,
2022 California Electrical Code,
2022 California Mechanical Code,
2022 California Plumbing Code,
2022 California Energy Code,
2022 California Residential Code,
2022 California Green Building Standards Code,
2022 California Referenced Standards Code,
2 2022 California Existing Building Code,
2022 California Historical Building Code,
2021 International Property Maintenance Code, and
2016 American Concrete Institute 306R Guide to Cold Weather Concreting.
In addition to the California Building Standards Code, cities and towns can adopt other model codes not included within the California Building Standards Code to assist in its implementation. For example, the Town has historically adopted the International Property Maintenance Code.
The proposed changes to Municipal Code Chapter 15.04 have been reviewed and approved by the Mammoth Lakes Contractor’s Association, and the Town of Mammoth Lakes Building Advisory Committee/Board of Appeals. The proposed changes to the Mammoth Lakes Fire Protection District’s ordinance have been reviewed and approved by the Mammoth Lakes Contractor’s Association and the Mammoth Lakes Board of Fire Commissioners.
ANALYSIS:
Local jurisdictions are required to enforce the 2022 California Building Standards Codes, effective January 1, 2023. The Town may adopt an altered code or different version of the State amended code; however, any changes to the California State amended Code must be filed with and approved by the California Building Standards Commission. The Commission will approve local amendments if the changes are stricter than the State amended code and the local jurisdiction can justify the changes as necessary based on local climatic, geographic or topographical conditions.
The California Building Standards Code traditionally is on a three-year cycle for changes to update the codes. The latest edition of the Code reflects changes in technology and lessons learned during the previous code cycle. Historically, the Town has included changes to the California Building Standards Code related to snow loads and wind design.
Adoption of the 2022 Building Standards Code will carry forward all previous alterations to the Code and will not include modifications beyond those that are currently in effect.
The new codes will make buildings safer, more efficient and will help to preserve California’s resources.
In addition to the 2022 Building Standards Code Update, staff has included minor changes as follows:
15.04.050 – Minor changes to clarify what should be included in plans and specifications.
15.04.140 – Woodstove Inserts – Removed the compliance deadline of October 31, 2022 as compliance is being achieved as properties are being sold.
15.12.020 – Building permit fees – Removed “finish work and painting” from the fee calculations.
15.16.020 – Strong Motion Indicator Program Fee – Removed minor permits from this section as the State requires SMIP fees for all building projects.
3 15.16.030 – New Development Fees – Removed the specific fee from the code and changed the language to rely on the Town Council resolution in order to determine the fee.
15.16.050 – Major thoroughfare fees – Deleted this section as the fee is not applicable and has been incorporated into Development Impact Fees. The Town has not been collecting this fee.
15.24.010 – Wind Design – Updated the minimum wind speeds for R-3 occupancies from 110 miles per hour to 95 miles per hour based upon new criteria in the 2022 Residential Code.
15.40.010 – Definitions – Deleted “LNG” since there is no liquefied natural gas (LNG) service in the region and it is anticipated that no LNG service will be available in the foreseeable future.
15.40.030 – Included a reference to NFPA 58 as that is the state code for liquefied petroleum gas (LPG) and have included existing NFPA 58 and local requirements for LPG facilities.
The MLFPD has requested that the Town Council ratify the local amendments to the 2022 Fire Code that were approved by the Board of Fire Commissioners in November 2022.
The District ordinance will not be effective until it is ratified by the Town and filed with the California Department of Housing and Community Development. The attached resolution ratifies the District ordinance. Ales Tomaier from the Mammoth Lakes Fire Protection District is available to address questions regarding the District ordinance adopting and amending the 2022 Fire Code.
OPTIONS ANALYSIS
Option 1: Waive the full reading and introduce by title only an ordinance amending Municipal Code Chapter 15.04 to reflect adoption of the 2022 Edition of the California Building Standards Codes, including the California Building, Plumbing, Mechanical, Electrical, Residential, Fire, Energy, Historical Building, and Green Building Standards Codes, making minor changes to Municipal Code Chapters 15.12, 15.16, 15.24, 15.40, adoption of the 2016 Edition of the American Concrete Institute 306R Guide to Cold Weather Concreting, and the 2021 Edition of the International Property Maintenance Code, with certain local amendments, additions and deletions and set a public hearing for December 7, 2022 to adopt the ordinance; and adopt a resolution ratifying the Mammoth Lakes Fire Protection District ordinance adopting the 2022 Fire Code.
Option 2: The Town Council could take no action. Under this scenario, the Town is still mandated to enforce the 2022 California Building Standards Code without local amendments, and the Mammoth Lakes Fire Protection District is mandated to enforce the 2022 California Fire Code without local amendments.
ENVIRONMENTAL CONSIDERATIONS:
4 Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 1506l(b)(3), this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment.
Attachments:
1. Town Council Ordinance for adoption of the 2022 California Building Standards Code Exhibit A: Amended sections of Municipal Code Chapters 15.04, 15.12, 15.16,
15.24, 15.40
Exhibit B: Findings in Support
2. Town Council Resolution Ratifying MLFPD Ordinance 2022-01
3. MLFPD Ordinance 2022-01
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, COUNTY OF MONO, STATE OF CALIFORNIA, AMENDING CHAPTERS 15.04,
15.12, 15.16, 15.24, AND 15.40 OF THE MAMMOTH LAKES MUNICIPAL CODE, ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, INCORPORATING THE 2022 CALIFORNIA BUILDING CODE (INCORPORATING AND AMENDING THE 2021 INTERNATIONAL BUILDING CODE), THE 2022 CALIFORNIA ADMINISTRATIVE CODE, THE 2022 CALIFORNIA ELECTRICAL CODE (INCORPORATING AND AMENDING THE 2020 NATIONAL ELECTRIC CODE); THE 2022 CALIFORNIA MECHANICAL CODE
(INCORPORATING AND AMENDING THE 2021 UNIFORM MECHANICAL CODE), THE 2022 CALIFORNIA PLUMBING CODE (INCORPORATING AND AMENDING THE 2021 UNIFORM PLUMBING CODE), THE 2022 CALIFORNIA RESIDENTIAL CODE (INCORPORATING AND AMENDING THE 2021 INTERNATIONAL RESIDENTIAL CODE), THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA REFERENCE STANDARDS CODE; THE 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE; AND THE 2016 EDITION OF THE AMERICAN CONCRETE INSTITUTE 306R GUIDE TO COLD WEATHER
CONCRETING, TOGETHER WITH LOCAL AMENDMENTS THERETO
WHEREAS, pursuant to California Government Code Section 50022.1 et seq. the Town of Mammoth Lakes (“Town”) may adopt by reference the California Building Standards Code, 2022 Edition, as provided in Title 24 and 25 of the California Code of Regulations and other codes, including, without limitation, the International Property Maintenance Code; and
WHEREAS, the California Building Standards Commission (“Commission”) recently adopted the 2022 Edition of the California Building Standards Code; and WHEREAS, California Health and Safety Code Section 17958.7 and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the Town Council held a public hearing on December 7, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of approving the Codes as amended herein; and
WHEREAS, the Town published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 26, 2022, and December 3, 2022.
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. Environmental Review. The Town Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. Staff is directed to file a notice of exemption within five (5) days of the adoption of this ordinance.
Section 3. Amendments to Municipal Code. For the reasons set forth in the staff report accompanying this ordinance, Sections 15.04.030, 15.04.050, 15.04.140,
15.12.020, 15.16.020, 15.16.030, 15.16.050, 15.24.010, 15.40.010, and 15.40.030 of the Mammoth Lakes Municipal Code are hereby amended to read as set forth in Exhibit “A” attached hereto, and Section 15.16.050 is hereby deleted in its entirety.
Section 4. Legislative Findings. The Town Council finds that the changes and modifications to the 2022 Building Standards Codes as set forth in Chapter
15.04 of the Town of Mammoth Lakes Municipal Code are more restrictive than the standards adopted by the California Building Standards Commission, and are reasonably necessary because of local climatic, geologic or topographic conditions, based on the express findings and determinations, marked in relation to the respective amendments provided in this ordinance, described in Exhibit “B” attached hereto, and hereby adopted by the Town Council as the findings to support the modifications to the California Building Standards Code.
Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, then such decision shall not affect the validity of the remaining sections or portions of this Ordinance or part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that any one or more sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
Section 6. Effective Date. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect the later of January 1, 2023 or thirty (30) days from and after the date of its final passage and adoption.
Section 7. Filing. The Building Division of the Community and Economic Development Department shall file copies of this ordinance with the State Building Standards Commission as prescribed in state law.
Section 8. Publication. The Town Clerk shall certify to the adoption of this ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the Town Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the Town Clerk, in accordance with California Government Code Section 36933.
ADOPTED, SIGNED and APPROVED this 7th day of December, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Lynda Salcido, Mayor
ATTEST:
_______________________________
Jamie Gray, Town Clerk
Exhibit A
Amendments to Municipal Code Chapter 15
15.04.030 - Codes adopted.
Subject to the modifications and amendments contained in this title, the following primary and secondary codes are adopted and incorporated into this Code by reference and as having the legal effect as if their respective contents were set forth in this chapter.
A. The 2022 Edition of the California Building Code, together with Chapter 1 and the adopted appendices thereto, as developed by the International Code Council, is adopted by reference as the building code of the town.
B. The 2022 Edition of the California Plumbing Code, together with Chapter 1 and the adopted appendices thereto, as developed by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the plumbing code of the town.
C. The 2022 Edition of the California Electrical Code, together with Article 89 and all other adopted chapters and articles thereto, as promulgated by the National Fire Protection Association, is adopted by reference as the electrical code of the town.
D. The 2022 Edition of the California Mechanical Code, together with Chapter 1 and all other adopted chapters and the appendices thereto, as developed by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the mechanical code of the town.
E. The 2022 Edition of the California Administrative Code, as developed by the International Code Council, is adopted by reference as the administrative code of the town.
F. The 2022 Edition of the California Historical Building Code, as adopted by the state of California, is adopted by reference as the historical building code of the town.
G. Reserved.
H. The 2022 Edition of the California Existing Building Code, as adopted by the state of California, is adopted by reference as the existing building code of the town.
I. The 2022 Edition of the California Energy Code, as adopted by the state of California, is adopted by reference as the energy code of the town.
J. The 2021 Edition of the International Property Maintenance Code, as developed by the International Code Council, is adopted by reference as the property maintenance code of the town.
K. The 2022 Edition of the California Residential Code, together with Appendix AJ ("Existing Buildings and Structures"), and Appendix AQ ("Tiny Houses") as developed by the International Code Council, is adopted by reference as the residential code of the town.
L. The 2022 Edition of the California Green Building Standards Code, as adopted by the state of California, is adopted by reference as the green building standards code of the town.
M. The 2022 Edition of the California Reference Standards Code, as adopted by the state of California, is adopted by reference as the reference standards code of the town.
N. The 2016 Edition of the American Concrete Institute 306R Guide to Cold Weather Concreting is adopted by reference as the cold weather concreting standard for the town.
15.04.050 - Plans and specifications—California Building Code.
With each application for a building permit, and when required by the building official for enforcement of any provisions of this code, plans, engineering calculations (if required), specifications, diagrams, and other necessary construction documents shall be submitted in accordance with current submittal procedures. All construction documents shall be submitted at one time to affect a complete submittal.
For projects that involve structural design that deviate from substantial compliance with conventional framing requirements for wood frame construction, or where other special conditions exist, the building division shall require plans and specifications to be prepared, stamped and signed by a registered design professional. Due to the town's ground snow load (P g ) being two hundred thirty to three hundred pounds per square foot, conventional light framing provisions found in the California Building Code and the California Residential Code cannot be used.
15.04.140 - Woodstove inserts—California Mechanical Code.
A. "Woodstove insert" shall mean a factory-built metal solid fuel burning device designed to be inserted into a fireplace constructed of masonry, metal, or other materials.
B. All woodstove inserts shall meet the following requirements:
1. Dimensions to combustibles: A minimum of forty-eight inches vertically of non-combustible material shall be installed within the chase area measured from the top of the existing prefabricated metal firebox. A minimum of twenty-four inches horizontally of non-combustible material shall be installed within the chase area measured from the edge of the woodstove insert.
Some construction exceptions may be permitted due to unforeseen circumstances. Further, should the manufacturer's minimum dimensions be greater than the above dimensions, the manufacturer's dimensions shall prevail.
2. Air channels around enclosure panel: Per NFPA 211, passive circulation shall be maintained in the void space around the woodstove insert and the prefabricated fireboxes. Passive circulation shall be installed in each corner of the panels installed with the woodstove insert.
3. Circulation of air in the prefabricated fireboxes: Passive circulation shall be maintained around the walls of the prefabricated firebox.
4. Lintel bar: All lintels and all supporting material for said lintels shall be of non-combustible material.
5. Flue pipe: Required spacing of not less than two inches shall be maintained for all installations.
No exceptions shall be granted for existing non-conforming flue pipes, and all flue pipes shall meet the standards in this Section prior to any final approval being issued.
6. Support of prefabricated fireboxes at the base of unit: Should the woodstove insert assembly weigh more than two hundred pounds then the base of the prefabricated firebox shall be supported by an approved method and means. Should the complete assembly of the woodstove insert exceed more than two stories in height then the base of prefabricated firebox shall be supported regardless of the weight of the woodstove insert.
7. Prefabricated firebox: Any modification to the prefabricated firebox shall be approved by the manufacturer of record. Town inspection and verification shall be required prior to installing decorative panels.
8. Approved manufacturers: Unless otherwise approved by the board of appeals, building official and fire marshal, all woodstove inserts shall be manufactured by the following manufacturers:
Quadra Fire, Buck Stoves, Regency Fire, Lopi, Jotul, Sierra Stove, Avalon, Pacific Energy, Napoleon, Enviro, Country Stoves, Hampton, Drolet, and Flame XTD.
C. All woodstove inserts currently installed into a prefabricated fire box within the Town of Mammoth Lakes shall be removed or be reconstructed to meet the requirements of this section upon the sale of the real property within which the woodstove insert is located (provided that for a property for which escrow is opened in conjunction with the sale, the requirements of this paragraph shall apply only to properties for which escrow is opened after June 30, 2013). If the buyer assumes responsibility, in writing on a form approved by the community and economic development director, for woodstove insert replacement or removal, the deadline for such action shall be extended to sixty calendar days from the date of completion of the sale or transfer. This requirement shall apply to all occupancy types, including single family homes, multifamily residential structures, and commercial structures in which woodstove inserts have been installed.
D. The building official and fire marshal may enforce the provisions of this section. Neither the building official nor fire marshal shall finally approve any building permit for a woodstove insert without determining that the insert complies with the provisions of this section. This subsection is not intended to and does not modify or abrogate any town immunities set forth in the Government Code.
E. Pursuant to Section 1102.6(a) of the California Civil Code, sellers of residential real property shall disclose to purchasers of such property the provisions of this section. This disclosure obligation shall be satisfied by providing to each purchaser a "Local Option Real Estate Transfer Disclosure Statement" specified by the town and by providing a copy of this section.
15.12.020 - Building permit fees—California Building Code.
A fee for each building permit shall be paid to the building division as set forth in the master fee schedule. The building official shall make the determination of value or valuation under any of the provisions of this code. The valuation to be used in computing the permit fees shall be the total value of all construction work for which the permit is issued, as well as roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent work or permanent equipment.
15.16.020 - Strong motion indicator program fee.
Fees are collected per the master fee schedule under a participation program with the state for seismic studies.
15.16.030 – New development fees.
Every person completing new residential, commercial and industrial development shall pay to the Town a sum as established by resolution of the Town Council. The fee shall be applied to gross building area only, exclusive of parking and open walkway and deck areas.
15.24.010 - Wind design—California Building Code.
The minimum wind speeds are established for the Town of Mammoth Lakes, including the Mammoth Yosemite Airport:
A. One- and two-family dwellings (R-3 occupancies): Ninety five miles per hour (mph), nominal design three-second gust wind speeds.
B. Residential structures other than one- and two-family dwellings (R-3 occupancies) and nonresidential structures, nominal design three second gust wind speeds:
1. Ninety miles per hour for Risk Category I buildings and other structures.
2. Ninety-five miles per hour for Risk Category II buildings and other structures.
3. One hundred miles per hour for Risk Category III buildings and other structures.
4. One hundred five miles per hour for Risk Category IV buildings and other structures.
15.40.010 - Definitions.
"Hazardous conditions" means any conditions/installations, which present an apparent risk of explosion and/or fire. The hazard may be "imminent" or "seasonal." "Installation" means a storage tank designed for the containment of liquefied petroleum gas or liquefied petroleum gas distribution system for use by a customer for residential, commercial, or industrial purposes, together with appurtenant pipes, risers, gauges and related equipment.
"Interruption of service" means change in vendor or any stoppage of gas, for whatever period of time, due to hazardous conditions, or to make modifications to the system. Temporary shut-off of gas to affect minor repairs shall not constitute interruption of service. “LPG" means liquefied petroleum gas.
"LPG facilities" means all supply piping (above or below the ground), risers, fittings, gauges, regulators, and related equipment used for the conveyance of LPG on the property. "Nonconforming installation" means any residential, commercial, or industrial installation, which does not comply with the requirements of this chapter.
"Safety inspection" means visual inspection, performed by the gas vendor, of exterior portions of LPG system, for purposes of observing, reporting and correcting obvious hazardous conditions, including danger of failure under snow load.
"Vendor" means any person or business, which sells, at retail, liquefied petroleum gas for residential, commercial or industrial use.
15.40.030 - General installation requirements.
LPG systems for single or multiple users shall be installed in accordance with the most recently adopted version of NFPA 58, relevant portions of the California Plumbing and Mechanical Codes, and applicable portions of the California Administrative Code. These requirements shall apply to all new LPG installations, existing installations that experience an interruption of service, and any installation that in the opinion of the building official or fire marshal is hazardous.
A. Two Stage Regulators Required. Two stage regulator systems shall be installed on all LPG installations. Combination regulators (two stage combination regulators) or other methods of installation meeting the intent of these regulations are subject to the approval of the Mammoth Lakes building division and/or Mammoth Lakes fire protection district.
B. First Stage. The first stage regulator shall be installed in accordance with manufacturer's instructions. The first stage regulator shall be plumbed from the tank with an approved looped soft-copper pigtail or other approved means to allow flexibility should tank shifting occur. The riser from the yard piping shall be located not more than three feet, horizontally from the walls of the tank. The transition from underground piping to above ground piping shall be accomplished via an approved sweep/riser or other approved method.
C. Second Stage. The second stage regulator and riser pipe shall be installed on the non-shed side of the building and directly attached to the building wall. The riser and exposed piping shall be installed in a manner to allow flexibility and movement. The transition from underground piping to above-ground piping shall be accomplished via an approved sweep/riser or other approved method, and shall be installed as close to the side of the building as possible in order to minimalize snow and ice accumulation between the riser pipe and the building. The riser, including the regulator and gas shut-off, shall be securely attached to the building and shall extend to a point so that the gas shut-off is located at least five feet, but not more than seven feet above finish grade and within six inches of the regulator. Buildings or structures served by LPG facilities containing multiple meters of three or more shall be equipped with an emergency shut-off valve located at the building or structure and capable of disconnecting the entire service to the structure. A two-inch diameter or equivalent reflector shall be secured to the
structure directly above the shut-off within three feet of the roof overhang and a minimum of ten feet above the meter/regulator assembly or other approved location. The gas shut-off shall be readily accessible.
Exception 1: Existing facilities installed before November 15, 1994 located on the snowshed side of structures need not be relocated if protected by an approved enclosure and the installation complies with all other provisions of this code.
Exception 2: The Mammoth Lakes building division and/or the Mammoth Lakes fire protection district may approve other locations, installations and riser heights provided accessibility to the shut-off valve is provided under all conditions and all other provisions of this chapter are in compliance.
D. Protection of LPG Facilities. The LPG regulator, meter and gas piping installed at or attached to any structure shall be protected from physical damage by an enclosure or other structure approved by the Mammoth Lakes Building Division.
Exception: LPG meters and regulators located above the anticipated ground snow level and not subject to impact loads need not be protected by an enclosure.
E. No Gas Piping Embedded in Concrete. Gas piping shall not be embedded in concrete, asphalt or similar materials. Gas piping passing through these materials shall maintain a oneinch clearance or be sleeved with an approved material.
F. Underground Gas Piping. Gas pipe installed below grade shall be approved for such use. All gas piping shall be installed a minimum of eighteen inches below grade. Nonmetallic gas piping shall be installed with a listed electrically continuous corrosion resistant tracer tape or tracer wire (minimum 14 gauge) or other approved material to facilitate locating the pipe. One end of the tracer wire shall be brought above ground at a building wall or riser. The tracer wire shall not be in direct contact with the gas pipe.
G. Exposed Exterior Gas Piping. Gas piping and fittings installed in exposed exterior locations and transition gas piping and fittings installed in the exterior wall of a building or structure shall have a minimum wall thickness of Schedule 40. Piping shall be supported by metal clamps or other approved methods at intervals not to exceed two feet and within six inches of either side of a fitting. Piping shall be installed in a manner to allow for adequate movement.
H. Exposed Gas Piping Installed on Roofs. Exposed gas piping and fittings installed on roofs or other horizontal surfaces shall have a minimum wall thickness of Schedule 80. The gas piping shall be supported its entire length. The installation shall employ methods to provide adequate flexibility and movement.
I. Inspection and Testing. All new or modified installations shall require an inspection and approval by the Mammoth Lakes building division. All gas piping shall be air tested by the installer and the test of all gas piping shall be visually inspected by the Mammoth Lakes building division. Rough gas piping test shall be a minimum fifteen PSI of air for fifteen minutes.
Other testing methods are subject to the approval of the Mammoth Lakes building division.
1. The approval for connection of LPG to the structure will be indicated by the attachment of a tag on the building LPG piping at the point it exits the structure.
2. Any connection of LPG to any structure without approval of the Mammoth Lakes Building Division is in violation of this chapter and applicable sections of the California Mechanical Code and California Plumbing Code.
3. Locks shall be provided by the serving LPG vendor at the shut off valve for meters and assemblies that are incomplete and/or not inspected and approved by the Mammoth Lakes Building Division.
J. Plot Plan. Prior to connection of service the vendor shall submit to the Mammoth Lakes fire protection district a plot plan identifying the LPG system. The plot plan shall be drawn on an approved form. A verification of approval must be provided to the Mammoth Lakes building division prior to the issuance of a certificate of occupancy or final letter.
The plot plan shall include, but not be limited to:
1. The tank location and distance from structure;
2. Number of tank(s) and capacity in U.S. gallons;
3. Location of the riser pipe and shut-off at the building;
4. Property boundaries;
5. An outline of all buildings on the lot and a depiction of the ridgeline of any building to be supplied with LPG;
6. Location of the Property. Street address, lot number, subdivision, assessor's parcel number, and condominium project name if applicable;
7. LPG supplier and phone number;
8. Building permit number and final date.
K. Snow States. The location of the center of LPG tanks shall be permanently marked by a snow stake of sufficient height to rise above the anticipated depth of snow. The upper twelve inches of the stake shall be painted bright orange with the top three inches of the stake painted the color assigned the individual vendor. The stake shall be located near the riser pipe and may be attached directly to, provided the installation will not apply additional stress to the riser pipe. The installation and maintenance of the snow stake is the responsibility of the LPG vendor. The building division shall assign colors to each vendor.
L. Tank Installation. Tanks shall be securely fastened on a four-inch-thick concrete pad reinforced with a minimum of #4 rebar at the perimeter. Pad shall be set below grade, with horizontal dimensions twelve inches greater than the tank's leg spacing and shall be located to be safe from disturbance by snow removal operations. In lieu of a concrete slab, prefabricated reinforced blocks may be used (design subject to approval of the Mammoth Lakes building division and the Mammoth Lakes fire protection district). Use of prefabricated blocks shall be limited to existing residential installations and shall be limited to LPG tanks with capacities of five hundred gallons or less.
M. Temporary Tank Installations. Temporary LPG tank installations shall be limited to emergency installations only. The placement and design of the system shall be subject to the approval of the Mammoth Lakes fire protection district and the Mammoth Lakes building division.
N. Property Line Setback Variance. To accommodate multiple users, a LPG tank may be located on or closer to property lines than the required setback specifications of NFPA 58. The encroachment shall require the mutual approvals of all property owners involved. Setback requirements to building and/or structures shall maintain the minimum distances specified in the California Fire Code.
O. Excessive Flow Valves. Excessive flow valves shall be installed on all residential systems with a LPG storage capacity in excess of two thousand gallons.
Exception: Residential occupancies equipped with an approved, monitored fire detection and suppression system may omit the excessive flow valve on the system.
P. Alternate Methods and Materials. The building official and fire marshal may approve alternate designs, methods and materials provided the alternate methods and materials meet or exceed the provisions of this chapter.
Q. Separations. LPG meters shall be separated from electric meters by a minimum of two feet, and a minimum of eighteen inches for plumbing fixtures (such as hose bibs) that extend more than six inches from a wall surface. Second stage regulator venting shall be separated from window, door, and similar openings by a minimum of three feet from such openings. Second stage regulator venting shall also be no less than five feet from any source of ignition, openings into direct vent (sealed combustion system) appliances, or mechanical ventilation air intakes.
Exhibit B
Findings to Support Amendments to the
2022 Edition of the California Building Standards Code
This Exhibit B provides the express findings and determinations (where necessary pursuant to California Health & Safety Code Sections 17958, 17958.7 and/or 18941.5) justifying the Town of Mammoth Lakes’ amendments to the 2022 Edition of the California Building Standards Code as reasonably necessary because of local climatic, geologic or topographic conditions.
Amendments to 2022 California Building Standards Code
Amendment
Section
Amendment Justification
(see below
key to
justifications)
15.04.020 Definitions A
15.04.050 Plans and specifications A
15.04.060 Permit expiration A/B
15.04.070 Zoning compliance A/B
15.04.080 Utility connection A/B/C/D
15.04.090 Certificate of occupancy A
15.04.100 Driveway encroachment A
15.04.110 Lot surveys A
15.04.130 Woodstoves A/B/C/D
15.04.150 Licensed contractors A
15.04.160 Violations A
Justifications KEY: Findings to Support Amendments to California Building Standards Code
A – This amendment is necessary for administrative clarification and does not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7 and/or 18941.5. This amendment establishes administrative standards for the effective enforcement of the building standards in the Town of Mammoth Lakes.
B – This amendment is reasonably necessary because of the following local climatic conditions:
(i) During the winter the Town experiences of periods of very cold temperatures accompanied by periods of significant snowfall and high winds; and
(ii) During the summer months relatively hot temperatures with periods of low humidity and high winds. The vegetative environment surrounding the Town varies from meadow/high desert vegetation communities (grass/brush) to densely populated stands of timber. (iii) These conditions require building conditions suitable for these wildland environments.
C – This amendment is reasonably necessary because of the following local geological conditions:
(i) The Town is within an active seismic/volcanic area; and (ii) A significant earthquake could render emergency responders incapable of providing adequate emergency response.
D – This amendment is reasonably necessary because of the following local topographical conditions:
(i) The Town is located in a geographically challenging environment with elevations ranging from approximately 7,500 feet to over 11,000 feet. Slopes vary from relatively flat to hillsides exceeding 60 degrees; and these conditions require building conditions addressing these challenges.
1 RESOLUTION NO. 22
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, RATIFYING ORDINANCE 2022-01
OF THE MAMMOTH LAKES FIRE PROTECTION DISTRICT ADOPTING
AND AMENDING THE 2022 CALIFORNIA FIRE CODE
WHEREAS, the Mammoth Lakes Fire Protection District ("District") is authorized pursuant to Health and Safety Code section 13869.7 to adopt building standards relating to fire safety that are more stringent than the building standards adopted by the State Fire Marshal and contained in the California Building Standards Code; and
WHEREAS, on November 15, 2022, the District held a public hearing and adopted Ordinance 2022-01 ("Ordinance") adopting and amending the 2022 California Fire Code; and
WHEREAS, pursuant to Health and Safety Code section 13869.7, the Ordinance must be ratified by the Town Council before it can take effect within the Town of Mammoth Lakes; and
WHEREAS, the Town Council wishes to ratify the Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth Lakes as follows:
SECTION 1:
The Town Council of the Town of Mammoth Lakes hereby ratifies the Ordinance. The Ordinance shall be effective within the jurisdictional boundaries of the Town of Mammoth Lakes.
SECTION 2:
Pursuant to Health and Safety Code section 13869.7(h)(l), the Town Council directs that the Ordinance shall be enforced within the Town of Mammoth Lakes as set forth in the applicable provisions of the Ordinance.
SECTION 3:
That the Town Clerk of the Town of Mammoth Lakes is hereby directed to file a certified copy of this Resolution and the Ordinance with the Department of Housing and Community Development.
APPROVED AND ADOPTED THIS 16th day of November, 2022
AYES:
NOES:
ABSENT:
ABSTAIN:
Lynda Salcido, Mayor
ATTEST:
Jamie Gray, Town Clerk
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BOARD OF FIRE COMMISSIONERS
MAMMOTH LAKES FIRE PROTECTION DISTRICT
MONO COUNTY, CALIFORNIA
ORDINANCE NO. 2022-01
AN ORDINANCE ADOPTING THE 2022 CALIFORNIA FIRE CODE, APPLICABLE
SECTIONS OF THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL
CODE, ALL OF WHICH COMPRISE THE LIFE SAFETY CODE FOR THE MAMMOTH LAKES FIRE PROTECTION DISTRICT.
The Board of Commissioners, as the governing body of the Mammoth Lakes Fire Protection District does hereby ordain as follows:
Section 1.
Mammoth Lakes Fire Protection District hereby adopts the 2022 edition of the California Fire Code, for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the Mammoth Lakes Fire Protection District; and for providing for the issuance of permits and collection of fees therefore.
Ordinance No. 2020-01 of Mammoth Lakes Fire Protection District entitled READOPTING THE CALIFORNIA BUILDING CODE, CALIFORNIA FIRE CODE, THE
UNIFORM FIRE CODE RELEASED BY THE NFPA, AND THEIR STANDARDS
PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND
PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES AND OPERATIONS and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.
That certain document, a copy of which is on file in the office of the Fire Marshal of the Mammoth Lakes Fire Protection District, being marked and designated as the:
California Code of Regulations (CCR), Title 24, Part 24 Building Standards Codes 2022 California Administrative Code (CCR), Title 24, Part 1) 2022 California Building Code Volumes 1 and 2 (CCR), Title 24, Part 2 2022 California Residential Code (CCR), Title 24, Part 2.5 2022 California Electrical Code (CCR), Title 24, Part 3 2022 California Mechanical Code (CCR) Title 24, Part 4
2022 California Plumbing Code (CCR) Title 24, Part 4
2022 California Fire Code (CCR) Title 24, Part 9
2022 California Fire Code Appendix Adoptions:
Appendix Chapter 4 (Special Detailed Requirements Based on Use and Occupancy), Appendix A (Board of Appeals), Appendix B (Fire-flow Requirements for Buildings), Appendix BB (FirePage 185 of 267 Mammoth Lakes FPD Page 2 of 42
Flow Requirements for Buildings), Appendix C (Fire Hydrant Locations and Distribution), Appendix CC (Fire Hydrant Locations and Distribution), Appendix D (Fire Apparatus Access Roads), Appendix E (Hazard Categories), Appendix F (Hazard Categories), Appendix G (Cryogenic Fluids), Appendix H (Hazardous Materials Management Plan), Appendix I (Fire Protections Systems – Noncompliant Conditions), Appendix K (Construction Requirements for Existing Ambulatory Care Facilities), Appendix L (Requirements for Fire Fighter Air Replenishment Systems), Appendix M (High-rise Buildings – Retroactive Automatic Sprinkler Requirements), Appendix N (Indoor Trade Shows and Exhibitions).
California Code of Regulations (CCR) Title 19, Public Safety, Division 1. State Fire Marshal.
California Health and Safety Code (CHSC) Division 12. Fires and Fire Protection.
Uniform Fire Codes as released by the NFPA.
2021 Wildland-Urban Interface Code as published by the International Code Council.
This ordinance is to be and is hereby adopted as the Fire Code of the Mammoth Lakes Fire Protection District, in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the Mammoth Lakes Fire Protection District are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 3 of this ordinance.
The sections of the California Fire Code may be referred to by the same number used in said published compilation preceded by the words "Mammoth Lakes Fire Protection District's Fire Code Section" or "Fire Code Section."
The Fire Code Official of the Mammoth Lakes Fire Protection District is hereby ordered and directed to cause this legislation to be published.
Section 2.
FINDINGS:
The Board of Commissioners finds that certain local climatic, geological, and topographical conditions exist as follows:
The Mammoth Lakes Fire Protection District may establish more restrictive standards reasonably necessary to provide fire protection for life and property because of local climatic, geological, or topographical conditions.
Climatic – During the winter the Town experiences periods of very cold temperatures accompanied by periods of significant snowfall and high winds and during the summer months relatively hot temperatures with periods of low humidity and high winds. The vegetative environment surrounding the Town varies from meadow/high desert vegetation communities (grass/brush) to densely populated stands of timber, some exhibiting stress a result of several years of drought.
These conditions could create an environment in which the Fire Department may be hampered to
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control fires in structure not having built-in fire protection and in the wildland fire environment.
Geological – The Town is in a seismically/volcanically active area. A significant earthquake could render the Fire Department incapable of providing adequate fire protection. In that instance, builtin fire protection would be relied upon for aiding in control of structural fires.
Topographical – The Town is in a geographically changing environment with elevations ranging from approximately 7,500 feet to over 11,000 feet. Slopes vary from relatively flat to hillside exceeding sixty (60) degrees.
FINDING 1: Emergency personnel responding to an incident(s) may be unduly impeded and delayed in accomplishing an emergency response as a result of these conditions. Common incidents may become more difficult and result in undue and unnecessary risk to the public and emergency personnel. The protection of life and public safety can be mitigated through engineering, education, and enforcement. Advances in technology and understanding of how development plays a role in the natural environment can aid but will not prevent incidents from occurring, but climatic, geological, and topographic conditions can make these routine incidents far more challenging to manage.
FINDING 2: In addition, the Fire District's response area includes Highway 395 which the California Highway Patrol has designated this highway an approved transportation route for Hazardous materials, such as, blasting and explosive agents, highly toxic and radioactive materials.
The potential for release or threatened release of a hazardous material along this route is possible given the volume-transported daily. Incidents of this nature will normally require all available emergency response personnel to prevent injury and loss of life and to prevent, as far as practicable, property loss. Emergency personnel responding to such incidents may be unduly impeded and delayed in accomplishing an emergency response as a result of climatic, geological, or topographic issues.
FINDING 3: With the remaining undisturbed parcels in town being located upon steeply sloping lots with challenging topography and due to expensive land costs, the potential exists that new and future development will result in larger and taller buildings on parcels. Redefining high-rise buildings to 55 feet in height was added to the code in 2001 and modifies the application of special provisions for these buildings to all occupancies. Because of the need to mitigate the potential life safety danger of high-rise buildings this change was necessary. In addition, periods of inclement weather, limitations of available fire-fighting equipment, limited availability of mutual aid from surrounding local fire departments (especially during inclement weather), and the necessity to climb vertically up flights of stairs greatly impacting the response time to reach an incident scene, it was necessary to redefine the height of high-rise buildings. The reduced height and built-in protection will mitigate extended fire department response time and keep incidents manageable.
Some special requirements have also been placed upon mid-rise structures (4 stories and higher, up to highest floor level of 55 feet measured from the lowest firefighter access point).
The additional requirements included herein are necessary to properly protect the health, safety, and welfare of the residents and workers of the Town of Mammoth Lakes.
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Revenue shortages make it difficult to locate additional fire stations and provide staffing sufficient to control fires in single and multi-story retail, commercial and industrial buildings, making enhanced built-in protection necessary.
Section 3.
AMENDMENTS TO CALIFORNIA FIRE CODE.
CHAPTER 1 - SCOPE AND GENERAL REQUIREMENTS
101.1 Title, Insert: These regulations shall be known as the Fire Code of the Mammoth Lakes Fire Protection District (MLFPD), hereinafter referred to "this code". 102.5.1 Application of the Mechanical Code.
Where structures are designed and constructed in accordance with the California Mechanical Code, the provisions of this code shall apply as follows:
1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall apply.
2. Administrative, operational and maintenance provisions of this code shall apply. 103.1 Creation of agency. The Mammoth Lake Fire Protection District Fire Prevention Division is hereby created and the official in charge thereof shall be known as the fire code official. The function of the division shall be the implementation, administration, and enforcement of the provision of the code.
104. 1 General. Add the following section:
104.1.1 Authority of the Fire Chief and Fire Department
1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the Mammoth Lakes Board of Commissioners.
2. The Fire Chief is authorized to administer, interpret, and enforce this ordinance.
Under the Fire Chief's direction, the Mammoth Lakes Fire Protection District is authorized to enforce ordinances of the Mammoth Lakes Fire Protection District pertaining to the following:
2.1. The prevention of fires.
2.2. The suppression or extinguishment of dangerous or hazardous fires.
2.3. The storage, use and handling of hazardous materials.
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2.4. The installation and maintenance of automatic, manual, and other private fire alarm systems and fire extinguishing equipment.
2.5. The maintenance and regulation of egress.
2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.
2.7. The maintenance of means of egress.
2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.
3. The Fire Marshal under the authority of the fire chief is hereby authorized to enforce the provisions of the California Fire Code and shall have the authority to render interpretations of the code, and to adopt policies, procedures, rules, and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules, and regulations shall be in compliance with the intent and purpose of the code and shall not have the effect of waiving requirements specifically provided for in the code.
4. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrest and issue citations as authorized by law:
5. Chief Officers and members of the fire prevention division shall each have the powers of a police officer in performing their duties under this code.
Designated members of the Fire Department may act as peace officers only as permitted by Section 830.37 of the California Penal Code (Arson Investigating Unit Fire Department or Fire Agency Members). All members of the fire department with the rank of chief and members of the fire prevention division who are peace officers as defined in section 830.37 of the Penal Code and members who have been designated by the fire chief as arson investigators and who have satisfactorily completed the courses of training required by section 832 of the Penal Code are designates as peace officers for the purposes of section 171c, 171d, 12027 and 12031 of the Penal Code while engaged as members of the an arson investigating unit, regularly employed and paid as such, in the apprehension of persons who have violated or who are suspected of having violated any fire law, or while exclusively engaged in the enforcement of law as relating to fire prevention and fire suppression.
Fire District employees serving as peace officers may be authorized to carry a weapon pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of a perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peach officers may carry firearms any place in the state for the purpose of performing their primary duty or when making an arrest if authorized and under terms and conditions specified by the Fire District:
Mammoth Lakes FPD Page 6 of 42
a. Members of an arson-investigating unit, regularly paid and employed in the capacity, of a fire department or fire protection agency of a county, city, city, and county, district, or the state, if the primary duty of these peace officers is the detection and apprehension of persons who have violated any fire law or committed insurance fraud.
b. Members other than members of an arson -investigating unit, regularly paid, and employed in that capacity, of a fire department or fire protection agency of a county, city, city and county, district, or the state, if the primary duty of these peace officers, when acting in that capacity, is the enforcement of laws relating to fire prevention or fire suppression. 104.11 Fire Investigation, add the following: Fires are presumed to be suspicious until proven otherwise. Suppose it appears to the Fire Department Investigator that such incident is suspicious in origin. In that case, that individual is authorized to take immediate charge of all physical evidence relating to the cause of the incident and to pursue the investigation to its conclusion. This action is accomplished under the direction of the Fire Chief or authorized Division Chief and, if necessary, in cooperation with the appropriate law enforcement agency.
104.11.2 Technical Assistance, add the following: The fire department is authorized to promptly investigate the cause, origin, and circumstances of every fire or hazardous materials incident occurring within the district boundary involving loss of life or injury to person or destruction or damage to property. For a fatality or significant loss of property, the fire code official shall contact the State Fire Marshal's Office for notification and request for assistance. The fire code official can also request the owner or operator to hire a private fire protection or hazardous materials investigator, acceptable to the fire code official and at the expense of the owner or operator, to provide a full report of the incident, including, without limitation, such matters as origin, cause, circumstances, or proposed solution to the problem.
104.13; Penal Code 451 Financial Responsibility, add the following: Any person who personally, or through another, willfully, negligently, or in violation of law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by him/her to escape from his/her control, allows any hazardous material to be handled, stored, disposed of, or transported in a manner not in accordance with this Code, State law or nationally recognized Standards, allows any hazardous material to escape from his/her control, allows a continuation of a violation of this Code can be held liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident. Such expense may be a charge against that person.
105.1 General, is amended to include: No permit issued pursuant to the California Fire Code shall be effective for a period in excess of one year from the date of issuance if no work has been initiated. Construction permits are issued for a one-year time period and shall be renewed if the project is not completed. If construction does not commence within
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that one-year period or continue through to completion without gaps in construction in excess of 180 days, then a new permit will need to be obtained by the project proponent and new fees will be assessed.
Permits shall be presumed to incorporate the provision that the applicant, the applicant's agent, employees or contractors shall carry out the proposed work in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto, whether specified or not. No approval shall relieve or exonerate any person form the responsibility of complying with the provisions and intent of this code. 105.6.3 Cryogenic Fluids – Outdoor Storage. Amended as follows: The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the Fire District without special permit from the Fire District 105.6.8 Flammable and Combustible Liquids. Add the following subsections:
2.3 Storage of Flammable and Combustible Liquids. The storage of Class I, Class II, and Class III liquids in aboveground tanks outside of buildings is prohibited within the limits of the Fire District without special permit from the Fire District.
2.4 The storage of Class I, Class II, and Class III liquids in aboveground tanks is prohibited within the limits of the Fire District without special permit from the Fire District.
2.5 For the storage of Kerosene, a permit shall be required per Section 603.3.1 of the local code for quantities greater than 25 gallons located either inside or on the outside of a building.
105.5.29 LP-gas add the following: The large-scale storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas without special permit from the Fire District. Propane tanks with a 500-gallon water capacity or less or multiple container systems having an aggregate quantity not exceeding 500 gallons serving occupancies in Group R-3 are not required to obtain a permit, though a site plan is required to be submitted.
105.5.30 Fuel Oil Storage in outside, above-ground tanks. Add the following: All new storage of kerosene or heating fuel in containers 50 gallons or greater shall require a permit issued by the Fire District. With such permits, the container shall be located a minimum of 10 feet away from the non -shedding side of any structure or approved subject to site specific plans to be approved by the fire code official. All such containers shall be appropriately placarded with a flammable liquid sign indicating the UN Identification Number adhered to the tank or marked in 4-inch letters located on the side of the tank.
Tanks shall be marked with a minimum of one 10-foot snow stake topped with green paint. 105.5.34 Open burning. Amended to: An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or their public or
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private ground. Instructions and stipulations of the permit shall be adhered to. 107.2 Schedule of fees. The Fire Chief may establish a schedule of fees, as approve the Board of Commissioners, to be charged and collected for plan checking, required inspections services, and for the issuance of permits pursuant to Section 105 of this Code.
In addition, this schedule may include a fire service Cost Recovery and an Abatement Recovery fee to be charged to any person, firm, corporation, or business that through negligence, violation of the law or as a result of carelessness is responsible for the cause of any fire service response to the scene of such an incident.
Fees for services and permits shall be as set forth in the Mammoth Lakes Fire Protection District's Fee Schedule Ordinance No. 2021-01.
112.3.3 Prosecution of violations. If the notice of violation is not paid or the violation not mitigated within 60 days, the fire code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto.
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction or misdemeanor punishable by a fine of not less than $250.00 for the first non-compliance inspection, $500.00 for the second non-compliance inspection, $1,000.00 for the third non-compliance inspection $2,500.00 for each additional non-compliance inspection or by imprisonment not exceeding 30 days, or both such fine and imprisonment.
The imposition of one penalty for any violation shall not excuse the violation or permit to continue: and all such persons shall be required to correct or remedy such violation or defects within thirty (30) days; and when not specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be help prevent the enforced removal of prohibited conditions.
The Chief, or his authorized representative, is authorized to issue a citation to a person or persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official or of a permit or certificate used under provisions of this code to operate/maintain an occupancy premises or vehicle subject to this code.
It shall be unlawful for any person, firm, corporation, or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuit to this code. Punishments and penalties for violation shall be in accordance with the Mammoth Lakes Fire Protection Districts Fee Schedule (Ordinance No. 2021-01), Health
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and Safety Code Sections 17995 through 17995.5.
112.5 Inspection and violation cost recovery. Account of Costs and Receipts. The enforcement official will keep an itemized account of the costs of enforcing the provision of this part and shall fees be collected within thirty days (30) days of completion of work from the property owner.
112.6 Lien and Special Assessment Procedures.
1. The code enforcement officer shall keep a report of the costs. In addition, to any accrued fees and penalties due. The property owner shall be invoiced for the total. Once the invoice amount is finalized, payment shall be remitted promptly. If payment is not received, the itemized report shall be submitted in writing to the Mono County recorder's office. Any such report may include the abatement costs, fees and penalties for any number of properties and abatements, whether or not such properties are contiguous.
2. Upon receipt of the itemized report, the Mono County recorder's office, or his or her designee, shall serve notice of the lien in the same manner as summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation in the town.
The period of notice commences upon the first day of publication and terminates at the end of the tenth day, including therein the first day. Publication shall be made on each day on which the newspaper is published during the ten-day period.
3. After notice has been served, the lien shall be recorded in the Mono County recorder's office and, from the date of recording, shall have the force, effect, and priority of a judgment lien.
4. The lien shall identify:
a. The amount of the lien.
b. The agency on whose behalf the lien is imposed.
c. The date of the abatement order or citation.
d. The street address, legal description and assessor's parcel number of the parcel on which the lien is imposed; and
e. The name and address of the recorded owner of the parcel.
5. In the event that the lien is discharged, released or satisfied, through either payment or foreclosure, notice of the discharge containing the information specified in subsection E shall be recorded by the Mono County recorder's office.
6. A lien may be foreclosed by an action brought by Mono County for a money judgement.
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7. The District may recover from the property owner any cost incurred in the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
8. A lien may be foreclosed by an action brought by the town for a money judgment.
112.7 Demand and Notice of Proposed Special Assessment.
1. As an alternative to the procedures set forth in Section 112.6. Upon completion of abatement, the enforcement officer or other authorized official shall keep an itemized report of the cost incurred by the District in the abatement of any public nuisance, including any attorneys' fees, in addition to any fees and penalties due.
The property owner shall be invoiced for the total. Once the invoice amount is finalized, payment shall be remitted promptly. Any such report may include the abatement costs, fees and penalties for any number of properties and abatements, whether or not such properties are contiguous.
2. Upon receipt of the itemized report, the District shall serve notice by certified mail, to the property owner, if the property owner's identity can be determined from the county assessor's or county recorder's records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.
However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
CHAPTER 2 - DEFINITIONS
201.1 Scope, add the following: Whenever the term Jurisdiction, Fire District, or Fire Department is used, it shall mean the Mammoth Lake Fire Protection District. The Fire Chief or Chief, the Fire Chief of the Mammoth Lakes Fire Protection District. Fire Code Official is the Fire Chief, Fire Marshal, Fire Prevention inspector or other assigned person representing the Fire District.
Section 202. The following definitions have been amended or added to section 202, General Definitions:
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ABATE/ABATEMENT. An act used to remove, destroy, eliminate, seize, impound, or any action taken to mitigate a public nuisance.
ABATEMENT COSTS. Any and all costs incurred by the Mammoth Lakes Fire Protection District to abate the hazardous vegetation or combustible material on any property pursuant to this part, including physical abatement costs, administrative, and staff time costs, contractor cost, and any additional costs incurred for the abatement proceeding, including legal costs. Constructor costs shall include the costs of public agencies performing any work, task, or action authorized by this part pursuant to an agreement with the District.
ALTERATION. The act of reconstructing a one or two-family residential structure where 50 percent or less of the structure is demolished and rebuilt. A change, addition, modification in construction, occupancy or use, or structural repair to an existing building or facility. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, resurfacing of circulation paths or vehicular ways, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions.
Normal maintenance, painting, or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.
BUILDING ACCESS. Means an exterior door opening conforming to all the following:
1. Suitable and available for fire department use, opening onto or adjacent to a public way or a fire department access road as described in Section 502.
2. Located not more than 2 feet above adjacent ground level.
3. Leading to a space, room or area having foot traffic communication capabilities with the remainder of the building.
4. Designed to permit access with the use of keys available in an approved key lock box, if required.
CO-DOMINANT TREES. Trees with crowns forming the general level of the forest canopy and receiving full light from above, but comparatively little light from the sides.
Trees that usually have medium sized crowns but crowded on the sides COMBUSTIBLE MATERIAL. Rubbish, litter, or material of any kind other than hazardous vegetation that is flammable and endangers the public safety by creating a fire hazard.
DECLARED PARCEL. A legally described parcel assigned an assessor's parcel number, which contains excessive flammable vegetation and/or objects that are a fire hazard and constitutes a public nuisance that must be abated.
DEFENSIBLE SPACE. A minimum area of space that landowners are required to
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create on their property between a building or structure and the plants, brush, and trees or other items surrounding the building or structure that could ignite in the event of a fire.
FIRE BREAK. A continuous strip of land upon and from which all rubbish, weeks, grass, and other growth that could be expected to bum has been abated or otherwise removed in order to prevent extension of fire from one area to another.
FIRE TRAIL. A graded fire break of sufficient width surface and design to provide access for people and suppression equipment and to assist in preventing surface extension of fires.
FLAMMABLE VEGETATION. Any material, live or dead, which is combustible during normal summer weather.
FUEL REDUCTION ZONES. Fuel Reduction Zones include all land within District boundaries.
FUEL MODIFICATION. Any modification or removal of fuels to reduce the likelihood of ignition or the resistance to fire control.
HAZARDOUS MATERIALS. Shall mean those chemicals or substances which are physical hazards or health hazards as defined and classified as defined in this chapter, whether the materials are in usable or waste condition. Hazardous materials mixtures are those substances that contain one percent or more of a hazardous ingredient, or one tenth of one percent of a carcinogen. This definition includes, but is not limited to, those hazardous wastes, hazardous materials, and extremely hazardous wastes listed in the California Code of Regulations, Title 22, Section 66261.126, Appendix X.
HAZARDOUS VEGETATION. Vegetation that is flammable and endangers the public safety by creating a fire hazard, including but not limited to seasonal and recurrent weeds, stubble, brush, pine needles, etc.
IMPROVED PARCEL. A portion of land identified by an assessor's parcel number upon which a structure is located.
OPEN SPACE. When access to open land/space or a fire trail system maintained for public or private use is obstructed by new development, the developer shall provide acceptable access into the area as approved by the Fire Chief for fire personnel and apparatus.
REMODEL (SEE ALTERATION). The act of reconstructing a one- or two-family residential structure where 50 percent or less of the structure is demolished and rebuilt.
Actions where greater than 50 percent is remodeled shall be considered new construction per this code and require the owner to comply with the provisions of the most recent fire code, including an automatic sprinkler system. The determination of percentage shall be established jointly between the owner or owner' s representative, and the fire code official, with the Chief being the final decision maker. Remodel activities may require a
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construction permit from the Fire District depending on the extent of modifications.
RESIDENTIAL AND COMMERCIAL PARCELS. Residential and Commercial Parcels shall include all improved and Unimproved single-family lots, improved commercial properties and all common area parcels maintained or owned by condominium or townhome developments, or homeowners or property-owners associations or similar common-ownership organizations within District boundaries.
EMERGENCY ACCESS ROAD/FIRE LANE. A road or other passageway developed to allow the passage of fire apparatus and other emergency vehicles. An Emergency Access Road/Fire Lane is not necessarily intended for vehicular traffic or other than fire apparatus and posted in accordance with Vehicle Code Section 22500.1 Emergency Access Roads/Fire Lanes shall be a minimum of 16 feet wide but may need to be wider depending upon the degree of curves or proximity to the structure. The blocking of Emergency Access Roads/Fire lanes may be modified for special circumstances as determined by the fire code official based on condition of terrain, climatic conditions, very high fire severity zones, and other such local conditions.
FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a fire station to a facility, building, or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane, and access roadway.
FUEL MODIFICATION. Any modification or removal of fuels to reduce the likelihood of ignition or the resistance to fire control.
FIRE BREAK. A continuous strip of land upon and from which all rubbish, weeks, grass, and other growth that could be expected to burn has been abated or otherwise removed in order to prevent extension of fire from one area to another.
FIRE TRAIL. A graded fire break of sufficient width surface and design to provide access for people and suppression equipment and to assist in preventing surface extension of fires.
GROSS SQUARE FOOTAGE: The sum of all areas on all floors of a building included within the outside faces of its exterior walls, including all vertical penetration areas, for circulation and shaft areas that connect one floor to another.
HIGH-RISE BUILDING. Any building having space used for human occupancy where the uppermost floor is fifty (55) feet or greater in height measured from the lowest floor level of building access, as defined in Section 202. No structure shall be taller than 120 feet in height as calculated from the lowest level of building access to the apex of the roof.
LOW-RISE BUILDING. Any building having space used for human occupancy where the uppermost floor is less than 24 feet in height measured from the floor of the lowest level of building access. This structure is typically known as a three-story building.
Measurement will be from the floor of the highest level that can be occupied to the lowest
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floor level of building access.
MID-RISE BUILDING. Any building having space used for human occupancy where the uppermost floor is 24 feet or greater and less than 55 feet in height measured from the floor of the lowest level of building access and not defined as a low rise or high-rise building.
Measurement will be from the floor of the highest level that can be occupied to the lowest floor level of building access.
NEW CONSTRUCTION: The act where greater than 50 percent is remodeled, shall be considered new construction per this code, and require the owner to comply with the provisions of the most recent fire code, including an automatic sprinkler system.
OPENING BURNING. The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires, or use of portable outdoor fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues, or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
RECREATIONAL FIRE. An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill, or barbeque pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.
REMODELS: For remodels greater than 50% of the gross total square footage and where the total square footage of the structure is greater than 2,500 square feet, exclusive of the garage up to 800 square feet with a one-hour fire barrier, and the entire structure shall comply with all current construction requirements.
SCRUB. A woody plant which is smaller than a tree and has several main stems arising at or near the ground. Synonyms: bush, brush, woody plant, etc.
STRUCTURE. Any dwelling, house, building or other type of flammable construction attached to or near any other structure.
STRUCTURE HEIGHT. Due to climatic conditions, topography, fire department staffing and equipment, and non-negotiable grades, the provisions of this section shall apply to every new building of any type of construction or occupancy. No structure shall be taller than 120 feet in height as calculated from the lowest level of building access to the apex of the roof. Under structure parking is not included in this calculation if the parking exists below the point of fire department vehicle access. Maximum building height may be modified for special circumstances as determined by the Fire Board of Commissioners with recommendation from the Fire Chief.
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SUPPRESSED TREES. Trees which have crowns in the lower layers of the canopy. They receive virtually no direct sunlight, and they are generally growing very slowly.
TRAINED CROWD MANAGER. Standby personnel, usually security or usher personnel, who are trained in the proper procedure to exit people from a tent in an orderly and calm fashion in the event of an emergency. There shall be one properly trained crowd manager for every 250 patrons.
UNIMPROVED PARCEL. A portion of land identified by an assessor's parcel number upon which no structure is located.
VEHICULAR WAY. A route provides for vehicular traffic, such as in a street, driveway, or parking facility.
CHAPTER 3: GENERAL PRECAUTION AGAINST FIRE
Section 305.1 Clearance from ignition Sources. Add the following:
305.1 Wood burner Inserts.
A building permit shall be obtained from the Town of Mammoth Lakes prior to the start of any work and a rough in and final inspection is required before the project is deemed complete.
Dimension to Combustibles: A minimum of 48 inches vertically of non-combustible material shall be installed within the chase area measured from the top of the existing prefabricated metal firebox. A minimum of 24 inches horizontally of non-combustible material shall be installed within the chase area measured from the edge of the wood burning insert. Some construction exceptions may be permitted due to unforeseen circumstances. Further, should the manufacturer's minimum dimension be greater than the above dimension, the manufacturers dimension shall prevail.
Air Channels around Enclosure Panel: Per NFPA 211, passive circulation shall be maintained in the void space around the wood burning insert and the prefabricated fireboxes. Passive circulation shall be installed in each corner of the panels installed with the insert.
Circulation of Air in the Prefabricated Fireboxes: Passive circulation shall be maintained around the walls of the prefabricated firebox.
Lintel Bar: All lintels and all supporting material for said lintels shall be of noncombustible material and no air gap shall be permitted.
Flue Pipe: Required spacing of not less than two inches shall be maintained for all installations. All installations shall be installed wit approved liner and flue cap. The flue cap shall conform to the new liner and shall not interrupt the air flow of the original flue
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pipe assembly. Existing non-conforming shall not apply, and any modification shall be required prior to "Final" being issued. Inspection and verification shall be required.
Support of Prefabricated Fireboxes at the Base of Unit: Should the wood burning insert assembly weight more than 200 pounds then the base of the prefabricated firebox shall be supported by an approved methods and means. Should the complete assembly of the wood burning insert exceed more than two stories in height than the base of the prefabricated fire box shall be supported regardless of the weight of the wood burning insert.
All wood burning inserts installed into a prefabricated firebox within the Town of Mammoth Lakes shall be removed and reconstructed to meet the requirements of this section upon the sale of the real property within which the wood burning insert is located.
This requirement shall apply to all occupancy types including single family homes, multifamily residential structures, and commercial structures in which wood burning inserts have been installed.
307.2 Permit Required. Amended to include: A wildland fuel modification plan for new construction is required in all very high fire hazard severity zone areas and wildland/rural interface areas. Where a new multifamily housing project, planned unit development, a subdivision of land, or prior to any remodeling, modification, or reconstruction of a structure where such remodeling, modification, or reconstruction of 50 percent or more of the structure, an application may be required to include a fire hazard reduction analysis and a fuels management plan completed by an approved fuels management specialist, at the expense of the applicant.
307.4.2 Recreational fires. Recreational fires are amended to include:
Recreational fires outside of approved campgrounds are prohibited without the approval and permit from the fire code official, following the submission, review, and approval of a permit application and a site inspection.
Exemption: Propane-operated appliances that are UL or ASMI listed manufactured GAS (LPG or NG) outdoor flame devices, such as: Gas BBQs or Gas Fire-pits that comply with the Fire Code. Pellet-fed smokers.
All fire rings shall be constructed of stainless metal, brick, or concrete no wider than three (3) feet in diameter and no higher than two (2) feet, located a minimum of twenty-five (25) feet from a structure or combustible materials.
The fire ring shall have a screened cover with mesh screening no greater than one-half of an inch in size and large enough to cover the entire ring or structure used for burning.
The exception for one and two-family dwellings is eliminated; a permit is required and can only be obtained by the property owner. The owner is required to be on-site during the recreational fire burn.
Recreational fires are permitted at private residences during the year, and during stage I
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fire restrictions when allowed in designated campsites. Recreational fires are prohibited in Stage 2 fire restrictions, no burn days, red flag warnings, high wind warnings, or "very high" or "extreme" fire danger days.
Unpermitted and burning during fire restrictions are subject to a citation. It is a federal offense punishable as a Class B misdemeanor by a fine of not more than $1,000 or imprisonment for not more than twelve (12) months or both. A citation for violating fire restrictions prompts a mandatory court appearance. Requirements for recreational fires shall be always followed, not following the requirements is also subject to a citation (Title 18 USC 1856, Title 43 9212.4, and/or appropriate State laws (NEW).
If violating a fire restriction order results in a wildfire or structure fire, the violator will be liable for any and all suppression costs resulting from the wildfire to the property and resources. Criminal charges may also be imposed.
Recreational fire permits shall be effective only for the year of issuance, ending on December 31 of the year of issuance, and may be suspended due to fire danger or by the discretion of the fire official.
308.1.4 Open-flame Cooking Devices. Open-flame cooking devices is amended to read the following:
Charcoal burners, wood BBQs, and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction. Enclosed pellet grills, electric grills, and smokers are allowed.
Exceptions:
1. One and two-family dwellings.
2. Where buildings, balconies, and decks are protected by an automatic sprinkler system.
3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 2 ½ pounds [nominal 1 pound (0.454 kg) LP-gas capacity]. 308.1.6 Open-flame Devices. Add the following: Only open-flame candles in approved containers with substantial noncombustible bases and where the candle flames are protected, shall be permitted in A, B, and M occupancy types. 308.1.6.3 Sky Lanterns or Similar Devices. Add the following: A person shall not release or cause to be released a sky lantern or similar device.
CHAPTER 4: EMERGENCY PLANNING
403.7.2.2 Fire Safety Plans. Add the following: A pre-fire plan shall be required for all mid and high-rise buildings. The plan shall be prepared in conjunction with the owners or their operators, administrators, or managers in cooperation with the Fire District. The owner shall assign a person who will work with the Fire District in the establishment,
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implementation, and maintenance of the pre-fire plan. For mid and high-rise buildings, owner(s), operator(s), and manager(s) shall provide a list noting the occupied rooms, including those with special emergency evacuation requirements to the fire department in the event of an emergency.
CHAPTER 5: FIRE SERVICE FEATURES
503.1.1 Buildings and Facilities is amended to include:
1. The Fire District shall require an Emergency Access Road (s) when any Group R Occupancy project consists of more than 24 units. When there are more than 49 units accessed from any Fire Apparatus Access Road, then a minimum of two Fire Apparatus Access Roads shall be provided. Fire Apparatus Access Roads shall comply with Town of Mammoth Lakes Public Works Department standards but shall be no narrower than 24 feet wide edge of pavement to edge of pavement (excludes curb and gutter.)
2. Buildings, portions of buildings, or facilities exceeding forty-five (45) feet in height above the lowest level of building access may be required to provide Emergency Access Roads capable of accommodating fire department apparatus. Overhead utility and power lines shall not be located within the Emergency Access Road(s). At least one of the required Emergency Access Roads logistically may be required to be located within a minimum of fifteen (15) feet and a maximum of thirty (30) feet from the building and may be requested to be placed parallel to one side of the entire structure and/or at a prominent corner of the structure. Emergency Access Roads may be modified for special circumstances as determined by the fire code official.
There shall be no modifications to non-conforming building lots that are located on noncompliant Fire Apparatus Access Roads within the Fire District. 503.2.1 Dimensions is amended to:
1. Fire Apparatus Access Roads shall have an unobstructed width of not less than 24 feet from the edge of the pavement to edge of pavement (not inclusive of curbs/gutters).
2. Road widths shall be a minimum of thirty (30) feet when parking is allowed on one side of the roadway.
3. Road widths shall be a minimum of forty (40) feet when parking is unrestricted. 503.2.1.1 Road Medians added the following section: Divided highway routes shall comply with the California Highway Design manual for standards pertaining to width, slopes, barriers, curbs, and meridian characteristics. The Fire District shall require turn-arounds at designated locations with turning radius sufficient to comply with fire apparatus needs.
503.2.3 Surface is amended to include:
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1. Fire Apparatus Access Roads and Emergency Access Roads shall be designed and maintained with a minimum first lift of asphalt, concrete, or a road base with a structural road section capable of supporting 75,000 pounds as determined by a Certified Engineer prior to the delivery of wood products, modular components, or flammable/combustible construction materials or furnishings.
2. Emergency Access Road may be constructed of open cell pavers as approved by the fire code official but must be maintained so as to provide a vegetative cover during the summer months. Snow removal will be required from Fire Apparatus Access Roads and Emergency Access Roads/Fire Lanes and vacant structure parking lots once every 24 hours to within 6-8 inches of the road/paver surface and the owner shall be responsible for repairing any damaged to the surface as needed shortly after the beginning of the summer season.
503.2.4 Turning Radius is amended to include: The turning radius of a Fire Apparatus Access Roads and Emergency Access Road shall be no less than 40 feet interior radius and 60 feet outside radius unless determined otherwise by the fire code official. Parking lots that are not affiliated with structures or provide access to structures need only have 28-foot interior radius and 52 feet outside radius.
503.2.5 Dead Ends is amended to include: The maximum length of a single access road shall be no greater than 1500 feet I length. Lengths greater than 1500 feet shall require two points of access. The length may be modified for special circumstances as determined by the fire code official based upon vehicle congestion, condition of terrain, climatic conditions, very high fire severity zone, or other such local conditions. 503.2.7 Grade is amended to include: Minimum Specifications is amended to include transitions between grade changes shall not exceed five percent (5%) and shall not interfere with the angle of approach, angle of departure or high centering of fire apparatus. 503.2.8 Angles of approach and departure. The transition between grade shall not exceed 5% and shall not interfere with the angle of approach, angle of departure or high centering of fire apparatus.
503.3 Marking is amended to include: No Parking/Fire Lane" signs shall be located and maintained alongside Fire Apparatus Access Roads and Emergency Access Roads/Fire Lanes at intervals not greater than 100 feet. These signs shall be placed on the roads at the time that wood products are delivered, modular components are dropped off, or flammable/combustible construction materials or furnishings arrive on site. Where fire lanes exist on private property, it shall be the responsibility of the private property owner/Homeowners Association to maintain and replace snow stakes/ signage.
Emergency Access Roads shall be signed at both ends of the roadway stating, " Fire Lane/Emergency Vehicles Only".
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Where it has been determined by the fire code official that curbs for a project should include red painted curbs or stripping, the areas shall be painted and maintained by the property owner such that they are colored red throughout the year. 503.4 Obstruction of Fire Apparatus Access Roads is amended to include:
1. Storage of building materials shall occur outside the pavement area of Fire Apparatus Access Roads and Emergency Access Roads. Offloading of building materials and dumping of refuse bins may occur in the Fire Apparatus Access Roads and Emergency Access Roads so long as the obstruction may be moved immediately for emergency vehicles. Fire Apparatus Access Roads shall not be obstructed in any manner, including the parking of unattended vehicles or the unauthorized placement of any type of materials, speed bumps, traffic calming devices, or humps.
2. All private roads that contain a gate or barricade shall ensure that the road is passible and free from excessive amounts of snow that prevents emergency vehicles to and through the gate or barricade.
503.5 Required gates or barricades is amended to include:
1. Owner installed gates and barricades/bollards plans and specifications shall be submitted to the Fire District for review and approval prior to construction.
2. A minimum clear, unobstructed width of 24 feet for two lane or 14 feet for single lane shall be provided.
3. The location of the gate shall have a minimum setback of 40 feet from the intersection with any road.
4. All gates/ barricades shall be functional in all weather conditions, including heavy snow.
5. For electric operating gates, a radio-controlled opening device shall be the primary means of operation with an approved key operated switch or touchpad keyboard used as a backup system.
6. For non-powered gates, a key box approved by the fire official shall be provided an approved location.
7. In the event of power failure, all remote-controlled gates shall automatically open and stay open until power is restored.
8. All barricades/bollards shall be removable or allow for passage of fire vehicles in the event that emergency vehicles need to pass through the barricaded area. Only approved traffic bollards shall be used withing the District.
9. The Fire Chief shall approve the placement of an electric operating gates.
10. The Fire Chief has the authority to have the gate or barrier that is used for emergency access and/or egress removed if the gate is not maintained, operatable, or the road impassable through the gate for emergency operations. 504.5 Access to Building Opening and Roofs. Stairway Access to Roof shall be amended to include: New buildings four or more stories in height shall be provided with approved roof access to the roof regardless of roof slope. Parapets shall not exceed 48 inches on
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more than two sides of the building.
505.1 Premise Identification. Amended to include: Number or letters used shall be placed above snow level, in the vicinity of driveway, and if the structure is located more than 50 feet from the fire apparatus access road, the fire code official reserves the right to require multiple locations. When illuminated numbers of addresses are used, they shall be maintained in working worder. The numbers and letters will be in a color that contrasts with their background and must adhere to the Town's approved numbering sequence.
For complexes and large building, a directory and premises map with approved addressing must be installed at a location and in a format approved by the fire code official. 506.1 Key Boxes. Key boxes are amended to include:
1. When the building is equipped with either a built-in automatic fire suppression system, fire detection/ alarm system, or as required by the fire code official, the fire code official is authorized to require a key box to be installed in an accessible and approved location. The key box installer shall follow the manufacturer's recommended installation guidelines. The owner(s) shall provide a master key(s) that works for all lockable units and facilities at the subject property. The owner shall notify the Fire District whenever there is a change in key(s) or when additional lock(s) are added for keys to be incorporated into the box.
2. Each individual building in a condo, apartment, duplex, townhome, or commercial complex shall have a knox box installed with a master key at the main entrance of each building or as directed by the fire official.
507.5.1 Fire Hydrant Systems. Required fire hydrant systems shall be amended to include:
Fire hydrants that are internal to a condominium, hotel/motel, mobile home park, or townhome project shall be the responsibility of the owner or association to replace, maintain, or keep available for fire suppression purposes. This responsibility shall include meeting all requirements of the Fire District pertaining to bollards, posting of signs, prohibiting parking, and snow storage. This work needs to be performed in conjunction with the Mammoth Community Water District. This responsibility shall include meeting all requirements of the Fire District pertaining to bollards, posting of signs, prohibiting parking, and snow storage.
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. 509.2 Fire Protection and Utility Equipment Identification and Access.
Section 509.2 Equipment Access. Add Emergency Equipment Room to the following:
Provisions for an approved on-site fire suppression equipment storage room shall be made at an approved location(s). Size requirements are occupancy-use dependent and will be
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determined upon submission of use permit and project plans based upon expected equipment needs.
510.1.1 Emergency Responder Radio Coverage. Emergency Responder Radio Coverage in Building shall be amended to include: At the owner's expense, the Fire District reserves the right to require the installation of a radio transceiver in any building within the Fire District. This condition would be implemented whenever a structure is constructed or has been constructed, which inhibits standard portable two-way radio communications.
CHAPTER 6 - BUILDING SERVICES AND SYSTEMS
604.1 General. Add the following sections:
604.1.1 Elevators.
1. Elevators and elevator lobbies be provided and must comply with the California Building Code and the following:
2. At least one elevator cab must be assigned for Fire Department use, which must serve all floors of the building. All provisions hereinafter are in reference to said elevator cab(s).
3. The elevator cab must be provided with adequate dimensions to accommodate an ambulance type stretcher in accordance with the provisions of the California Building Code.
4. An on-site standby power system conforming to the California Electrical Code must be provided for elevators. In the event of failure of the normal power source, the standby power system must provide an alternate source of electrical power to serve at least the designated loads as set forth in Section 916.6.2 at full power. The system may consist of an on-site generator or a system of batteries, or both. The installation must be in accordance with this code, nationally recognized standards, and any policies of the fire code official.
604.1.2 Power Loads. The power load requirements for sizing the standby power system must include, without limitation to the following:
a. Exit signs and exit path illumination.
b. Fire alarm system.
c. Elevator(s) assigned for fire department use.
d. Smoke control systems.
e. Lighting circuits supplying all elevator cabs, elevator lobbies, generator room, and other areas designated by the fire code official.
604.1.3 Fuel Supplies. On-site fuel supplies for prime movers of a standby power generator must be sufficient for at least 48 hours at the generator's listed full load. Where fuel supplies require automatic transfer into a primary tank from a secondary fuel storage tank, the fuel transfer system must be provided with redundant fuel pumps to insure reliability.
The fuel supply tank provided must be capable of storing at least 100% of the calculated amount of fuel needed.
604.1.4 Emergency Electrical System. Electrical systems and equipment specified in
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Section F916.6 are classed as emergency systems and must be installed in accordance with this code, nationally recognized standards, and policies of the fire code official. Such systems must operate within 10 seconds of failure to normal power supply. Such emergency power supply may be separate from the standby power required for elevators assigned for fire department use.
604.1.5 Emergency Systems. The following are classified as emergency systems:
a. Exit signs and exit path illumination.
b. Fire alarm system.
c. Fire Detection system.
d. Sprinkler alarm system.
e. Elevator cab lighting.
605.2.1.3.1 Decorative Shrouds, add the following:
1. Designed of a non-combustible support structure that is securely attached to the top of the chase with either non-combustible solid or mesh siding material with either a removable top or no top at all. The exposed top of the chase shall in all cases be of noncombustible construction material.
2. If solid siding material is used, a six (6) inch gap is needed between top of chase material and bottom edge of cupola siding material.
3. If mesh screening material is used, openings in mesh shall be no less than one-half (1/ 2) inch. Support material for mesh sided cupolas shall be no more than 30%^. If louvered design is used, support material shall be no more than 30%1.
4. For cupola design with a top, material shall be a minimum of six (6) inches above the top surface of the flue cap to the bottom surface of the cupola top material. Top material can be either level or sloped, but six (6) inch minimum clearance between flue cap and top shall be maintained.
5. Masonry chimneys shall have a one-half (1/2) inch screening placed at either the terminus of the fireclay liner or brick or incorporated into the cupola design. Multiple flues in one masonry chimney shall not be permitted for medium or high heat appliances or commercial and industrial incinerators.
6. Single Family/Multifamily/Commercial/Industrial Single Flue per Chase: The flue pipe termination (the top surface of the flue cap) shall be no closer than thirty-six (36) inches to the top surface of the chase for wood/pellet burning appliances. Flue pipe termination shall be no closer than twenty (24) inches for gas appliances. 1 This percentage is determined by comparing the net screening or siding area compared to the area of the area of the support structure. The support structure shall not exceed 30%.
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7. Single Family/Multifamily/Commercial/Industrial Multiple Flues per Chase: Where there are multiple flue pipes located in a single chase, there shall be eighteen (18) inches of vertical separation (from top of flue cap to top of flue cap) and twenty (20) inches of horizontal separation (from outside wall of pipe to outside wall of pipe) is required for each flue cap to comply. Six (6) inches of horizontal separation distance is required if single wood flue pipe is combined with gas flue pipe in the same chase/ chimney, but vertical separation must still be maintained.
CHAPTER 9 - FIRE PROTECTION & LIFE SAFETY SYSTEM
Sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers, smoke and heat ventilators, smoke removal systems and other fireprotective or extinguishing systems or appliances shall be maintained in an operative condition at all times (whether the structure is occupied or not) and shall be replaced or repaired where defective. Fire protection or extinguishing systems coverage, spacing and specifications and fire alarm systems shall be maintained in accordance with recognized and approved standards at all times. Such systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever any building so equipped is altered, remodeled, or added upon based on a permit issued by the fire code official.
Additions, repairs, alterations, and servicing shall be in accordance with recognized and approved standards. A report of system activation, cause and correction shall be forwarded to the fire code official after each incident.
Installation, approval, and maintenance of automatic fire-extinguishing (sprinkler) systems shall be in compliance with the most current NFPA Standards 13, 13R, 13D, and the California Residential/Building/Fire/Plumbing Codes as adopted and amended by the Fire District.
901.4 Fire protection and life safety systems. Amended to include:
1. Fire protection systems required by this code, or the California Building Code shall be installed, repaired, operated, tested, listed, and maintained in accordance with this code.
2. Attic, Crawl Spaces, and Garages: Garages, while included in the total square footage calculation, are not required to be covered by sprinklers as long as a one-hour separation wall/ceiling (5/8" type drywall, type X sheetrock on each side of the wall plus a ¾ hour door with self-closure) is maintained between the U and the R-3 occupancies.
3. All fire sprinkler installations and testing shall be conducted by a licensed C-16 contractor licensed with the California State Fire Marshal. All fitters shall show proof of their C-16 licensure during installation and testing. 901.4.5 Additional Fire Protection Systems. Additional Fire Protection Systems amended
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to include: Amending Residential Code R313.3.3: Residential Code R313.1 and R 313.2, Exemption: Eliminate the wording under R313.1 and 3.3.2. 901.4.5.1 Additional Fire Protection Systems. Add the following: For additions to existing structures where the finished structure is greater than 2,700 square feet, exclusive of the garage up to 800 square feet with a one-hour fire barrier shall install a fire suppression system in the addition only.
Approved automatic sprinkler in NEW BUILDING AND STRUCTURES, including additions, shall comply with Sections 903.2.1 through 903.2.12, with the provision that all structures 5,000 square feet or greater (inclusive of the garage) shall be outfitted with an automatic sprinkler system.
901.6.1 Inspection, Testing, and Maintenance. Add the following:
Sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers, smoke and heat ventilators, smoke removal systems and other fire - protective or extinguishing systems or appliances shall be maintained in an operative condition at all times whether the structure is occupied or not) and shall be replaced or repaired where defective. Fire protection or extinguishing systems coverage, spacing and specifications and fire alarm systems shall be maintained in accordance with recognized and approved standards at all times. Such systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever any building so equipped is altered, remodeled, or added upon based on a permit issued by the fire code official.
Additions, repairs, alterations, and servicing shall be in accordance with recognized and approved standards. A report of system activation, cause and correction shall be forwarded to the fire code official after each incident.
901.6.3 Records Information. Records Information is amended to:
Records of all inspections, tests and maintenance required by the referenced standards shall be maintained and submitted to the Mammoth Lakes Fire Protection District. 903.1 General. Automatic Sprinkler Systems. Add the following:
Due to weather conditions in Mammoth Lakes, owner/architects of fire sprinkler systems are encouraged to only install dry, multipurpose, or antifreeze automatic fire suppression systems. While greatly discourage, in heated locations a water system can be installed, but the sprinkler installation company shall make the owner aware that the temperature of the unit must remain warm enough to prevent freezing of the system, including during power outages.
The Fire District requires sprinkler systems to be protected to -30 degrees F (minus 30°F).
New glycerin antifreeze systems are only permitted to use a mixture of glycerin not exceeding 50% mixture with water (protection down to -20 degrees F) and only factory premixed solution (need temperature verification and certification). A layer of insulation (equivalent to or greater than R38 shall be required to be placed above or around all sprinkler pipe and a notification to the owner that the structure needs to be kept at a temperature that will not cause the freezing of the sprinkler system. Glycol based solutions
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can be used, but adequate insulation shall be installed to meet the - 30-degree temperature protection requirement. All the air shall be removed from the system as filling occurs.
For existing structures where there are no resident occupancies, antifreeze systems can continue to be filled with either glycerin or glycol in concentrations that achieve a protection temperature of -30 degrees F. Where there are resident occupancies in structures built prior to the -20 degree requirement (August 2010), and only in places where additional insulation cannot physically be added, the Fire District requires that the owner provide written documentation that they acknowledge having been told what the requirement is, why the change occurred, the history of fires and fatalities in structures of this type, the assumption of risk, and that the owner accepts the risk and responsibility for the concentration above the state mandated 50% glycerin solution. Under no circumstances shall a water -only system be installed or be allowed to operate in an unconditioned area.
Wet sprinkler installations may be constructed of Chlorinated Poly Vinyl Chloride (CPVC) materials, but these materials shall only be used when protected with sheetrock, in insulated conditioned spaces, even if used in conjunction with a glycerin mixture.
Automatic fire sprinkler systems shall be installed and maintained at the owner's expense.
For single family residents, the provisions of this section are intended to provide a reasonable degree of safety in structures by requiring installation and inspection of an automatic fire sprinkler system. Because of the degradation of antifreeze over time (antifreeze loose approximately 10 degrees of effectiveness each year) NFPA requires an inspection occur annually. The inspection shall comply with the NFPA 25 standard, be conducted by a licensed technician, and be performed, documented, and the results submitted to the fire code official upon completion. At a minimum a full flush test shall be performed every five years.
For all antifreeze systems, thermal expansion loops shall be installed at each floor level where CPVC is used as a freeze protection suppression medium.
All piping materials used in unconditioned areas shall be black steel pipe or copper tubing.
The potable water supply shall be protected against backflow in accordance with Health and Safety Code section 13114. 7. This shall be accomplished inside the structures in the vicinity of the riser assembly and the device shall be protected from freezing. 903.2.11.1.1 Opening dimensions and access. Amended to include:
An exterior opening to a basement shall have a minimum dimension of not less than 36 inches. Such opening shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that firefighting or rescue cannot be accomplished from the exterior.
903.2.11.1.3 Basements. Amended to include: Single- and two-family dwellings with basements that are greater than 1,000 square feet shall be fitted with an automatic sprinkler system unless approved types of exterior wall openings are met.
An exterior opening to a basement shall have a minimum dimension of not less than 36
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inches. Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that firefighting or rescue cannot be accomplished from the exterior.
903.2.11.6 Other Required Fire Suppression Systems, Where required, add the following for all structures not covered by the Residential Code: In an EXISTING STRUCTURE where there is a change of occupancy/use to a greater hazard classification, as determined by the Town of Mammoth Lakes Building Official, and where there is a combined footprint total size of 5,000 square feet or more (inclusive of garages), an automatic fire sprinkler system shall be installed prior to granting of a certificate of occupancy.
A Town of Mammoth Lakes certificate of occupancy shall be required for change of use classifications.
Uses that generate fugitive dust amounts that can possibly pose a threat by attaining explosive thresholds (sawdust, lint, metal particles, etc.) shall be mitigated through adequate ventilation and housekeeping. A change of use to a Group H occupancy use-type shall require the installation of an automatic fire sprinkler system regardless of structure square footage.
Approved automatic sprinkler system in NEW BUILDINGS AND STRUCTURES, including additions, shall comply with Sections 903.2.1 through 903.2.12, with the provision that all structures greater than 5,000 square feet (inclusive of garages) shall be outfitted with an automatic sprinkler system.
903.2.11.6.1 Highrise, Midrise, Basements, Attic and Crawl Spaces. Add the following:
Highrise Buildings having occupied floors located more than 55 feet above the lowest level of fire department building access shall have an automatic sprinkler system shall be installed throughout buildings with an occupant load of 30 or more that is located 55 feet or more above the lowest level of fire department building access.
Every midrise building must be protected throughout by an automatic fire sprinkler system that is designed and installed in conformance with NFPA 13. Shut-off valves and a water flow alarm device must be provided for each floor.
Basements in Single- and two-family dwellings with basements that are greater than 1,000 square feet in size shall be fitted with an automatic sprinkler system unless approved types of exterior wall openings are met.
Attics and Crawl Spaces in single-family residences sprinklers can be omitted from attics and crawl spaces, which are not used or intended for living purposes, unless there are concealed spaces used for storage, contain electrical equipment, or contain fuel-fired equipment, or an option in crawl spaces, the entire underside of floor joists can be treated with Type X sheetrock.
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905.2 Standpipe Systems – Installation Standard. Add the following:
1. The potable water supply shall be protected against backflow in accordance with Health and Safety Code 13114. 7. This shall be accomplished inside the structures in the vicinity of the riser assembly and the device shall be protected from freezing.
2. Each standpipe shall be equipped with an approved 2 1/2-inch outlet not less than two (2) feet but not more than 4 feet above the floor level of each story. Standpipe outlets shall be provided at the mid-level point of stair risers on each floor unless approved otherwise by the fire code official. All outlets shall be equipped with an approved valve, cap, and chains. No point within a building requiring standpipes shall be more than 130 feet travel distance from a standpipe outlet connection.
3. Standpipes shall be equipped with a listed fire department connection. Systems with three or more standpipes shall be provided with a sufficient number of inlets as required by the fire code official. All fire department connections shall be located on the building address street front, not less than three (3) feet but not more than five (5) feet above grade and shall be equipped with an approved straight -way check valve and substantial plugs or caps. All fire department connections shall be visible, accessible, and clearly marked with approved signage. More than one fire department connection may be required.
4. Every mid-rise building must be provided with a Class I standpipe system in each required stairway. The standpipe system must be separate from the fire sprinkler system. The system must consist of 2½ inch hose valves provided for each floor level above or below grade. Two hose outlets must also be located within 50 feet of the roof, near each stair shaft enclosure that penetrates the roof. Hose connections must be located on the mid-level landing of the required stairways, unless otherwise approved by the fire code official.
5. All residential complexes which cause unusual firefighting problems due to size, configuration, location, and/or lack of access shall be equipped at the discretion of the fire code official with one or more 2 ½ inch-valve standpipe(s).
6. Fire Department standpipe connections and valves serving the floor must be located in a manner so as not to obstruct egress when hose lines are connected and charged.
7. The owner may be responsible for posting Fire Department pump pressure signage at standpipe(s) for each floor on mid and high-rises; Pressures to be calculated and provided by the sprinkler contractor for the project.
8. The Fire District may also require that yard pipes be pressure tested in conjunction with NFPA 25 five-year inspections. The costs for inspections are the responsibility of the owner of the system and the results are to be provided to the Fire District. The Fire District may assist with the pressure test of the yard pipe system by providing equipment for the test at the owner expense.
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905.3 Required Installations. Add the following:
1. All residential and commercial complexes which cause unusual firefighting problems due to size, access, configuration, location shall be equipped at the discretion of the fire code official with one of more 2 ½ inch valve standpipe(s).
2. Fire Department pump pressure shall be provided at standpipe(s) for each floor on mid and high-rise; Pressures to be calculated and provided by the sprinkler constructor for the project.
3. Fire Sprinkler systems with multiple areas covered shall have signage to on each level indicating what areas that sprinkler system covers. 906.1 Portable Fire Extinguishers – Where required. Amended to include:
1. Group R-3 to the list of required locations for placement of a 2A10BC fire extinguisher.
2. Add the following: All fire extinguishers shall be located in a conspicuous location either mounted a wall with the mounting bracket at 48 inches or in a labeled cabinet marked " Fire Extinguisher Inside". In public occupancies, the Fire District may require wall mounted signs identifying extinguisher locations.
907.1 Fire Alarm and Detection Systems – General. Amended to include: To comply with this section, existing construction may install battery operated single station smoke, carbon monoxide, and propane detectors.
907.1.3 Equipment - Alarms. Amended to read: Fire alarm initiating devices, fire alarm panels, alarm notification appliances and enunciators shall not be concealed from view, obstructed, or impaired in any manner.
Add the following: Alarms. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler water -flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Horn/Strobe alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Alarm devices shall be adjusted with an approximate 45 second delay from the time of water activation. All tamper devices shall indicate " supervisory" on the alarm panel and cause a Fire Department response in addition to notification of the property owner.
All new Group R- 3 construction shall install a weatherproof horn/strobe in a prominent location on the front side of the structure viewable from the addressed street. Its power shall be connected to a kitchen refrigerator circuit or a dedicated tamper proof circuit breaker of sufficient amperage capacity.
An approved and listed, automatic and manual, fully addressable and electronically
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supervised fire alarm system must be provided in conformance with this code and any policies of the fire code official. The alarm company shall provide the property owner with a diagram indicating where all zones are located and post a copy of the diagram in the vicinity of the panel. When one or more fire sprinkler risers serve the same floor, each riser must be considered a separate zone.
907.2.8.2 Automatic Smoke Detection System. Add the following: Smoke and/ or heat detectors shall be required in all A, B, M, R, and S occupancies regardless of construction type to alert occupants or passerby' s of an incident. Detectors shall be connected to an automatic fire alarm installed in accordance with the Fire Code if such a system is required for other reasons in the structure.
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.
Smoke alarms/detectors must be located as follows:
1. Alarms/Detectors shall be located in every mechanical equipment, electrical, transformer, telephone or data equipment, unmanned computer equipment, elevator machinery or similar room and in all elevator lobbies. Elevator lobby detectors must be connected to an alarm verification zone or be listed as a releasing device.
2. In the main return-air and exhaust-air plenum of each air-conditioning system. Such device must he located in a serviceable area downstream of the last duct inlet.
3. At each connection to a vertical duct or riser serving two or more stories from a return-air duct or plenum of an air conditioning system. In Group R-1 and R-2 Occupancies, an approved smoke detector may be used in each return-air riser carrying not more than 5,000 cubic feet per minute and serving not more than 10 air inlet openings.
4. For Group R-1 and R-2 Occupancies, in all corridors serving as a means of egress for an occupant load for 10 or more.
5. All smoke detectors shall be installed as the last step in the construction mode prior to final inspection and certificate of occupancy to prevent contamination of the sensors.
Covering the detectors with a dust cover shall not suffice 907.5.2.2 Emergency Voice/Alarm Communication. Amended to read as follows:
Location/Pubic and Common Areas shall provide visible alarm notification appliances shall be provided in all occupied rooms where ambient noise impairs hearing of the fire alarm including but not limited to residential home theaters. 907.7.2 Record of Completion. Add the following: The following documentation shall be