Town Council Agenda
Wednesday, December 7, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:
Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, Councilmember Kirk Stapp
NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (760) 965-3602. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 13.102-35.104 ADA Title II)
NOTE: Materials related to an item on this agenda submitted after distribution of the agenda packet are available for public inspection in the Town Offices located at 437 Old Mammoth Road, Suite 230 during normal business hours. Such documents are also available on the Town of Mammoth Lakes website at www.townofmammothlakes.ca.gov subject to staff’s ability to post the documents before the meeting.
NOTE: All comments will be limited to a speaking time of five minutes.
NOTE: This meeting will be conducted pursuant to the provisions of Assembly Bill 361 which amends certain requirements of the Ralph M. Brown Act. While Suite Z is still open to the public, it is strongly encouraged that you watch the Town Council meetings on the Town of Mammoth Lakes' website at www.townofmammothlakes.ca.gov , on the local government cable channel 18, or via Zoom. Public comments can be submitted to the Town Clerk at [email protected]. before and during the meeting.
ZOOM INFORMATION
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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENTS
The Public Comment portion of the agenda provides the public with an opportunity to address the Town Council on matters not otherwise listed on the agenda. Under California law the Town Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the Town Council may briefly respond to comments or questions from members of the public. Therefore, the Town Council will listen to all public comment, but will not generally discuss the matter or take action on it. Requests for service from the Town may also be made at the Town offices during regular business hours.
Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration.
4. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED)
5.1 Did you Know? Air Service.
5.2 December 2023 Public Works Engineering Update.
6. CONSENT AGENDA
6.1 Approve the minutes of the regular meeting of November 16, 2022.
6.2 Approve the resolution re-authorizing the Town Council to meet virtually during the COVID-19 pandemic declared emergency.
6.3 Receive and file the Snowcreek Development Agreement Annual Review Report.
6.4 Authorize the Town Manager to execute a not to exceed $700,000 contract with HMC Architects for architectural design services for the new Town Hall.
6.5 Accept and File the SB 165 Tax Accountability Report for CFD 2001-1 (North Village), CFD 2004-1 (Fractional), CFD 2005-1 (In Lieu), and CFD 2013-3 (Transit Services).
6.6 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.
6.7 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”).
6.8 Accept Check Register 11/17/2022 in the amount of $471,556.51. Accept Check Register 11/22/2022 in the amount of $491,378.04.
7. 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.
7.1 Consider Adoption of a Resolution Approving the Solid Waste Disposal Charges and Rates for January 1, 2023 through December 31, 2027
7.2 Transit CFD No. 2013-3 Annexation No. 6.
7.3 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.
8. COUNCIL PRESENTATION
8.1 Recognition of Mayor's Spirit of Mammoth Award.
8.2 Recognition of outgoing Councilmember Kirk Stapp.
8.3 Recognition of outgoing Mayor Lynda Salcido.
9. COUNCIL REORGANIZATION
9.1 Adopt the resolution reciting the fact of the Municipal Election held on November 8, 2022, declaring the result and such other matters as provided by law, including the administration of the oath of office to newly-elected Councilmembers.
9.2 Appointment of Mayor and Mayor Pro Tem.
10. COUNCILMEMBER REPORTS
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities.
11. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, December 21, 2022 at 4:00 p.m.
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Did you Know? Air Service.
Council Meeting Date: 12/7/2022
Prepared by: Pam Kobylarz, Assistant to the Town Manager Recommended Motion: This is an informational item only.
Summary: Each month the Town publishes a “Did you Know?” piece that highlights aspects of the Town’s programs and services that the public may not be familiar with. This month’s piece focused on the Advanced Airlines scheduled charter service that will offered at Mammoth Yosemite Airport (MMH) this winter season. It was published in The Sheet, the Mammoth Times, and el Sol on the weekend of November 18, as well as being posted on the Town’s social media and website.
• Scheduled charter service will return to MMH for the winter season on November 23, 2022, through April 10, 2023. Service includes flights to Burbank (BUR), Carlsbad (CLD), and Hawthorne (HHR) on a 30-passenger jet at least four days a week - Thursdays, Fridays, Sundays, and Mondays. • Hawthorne (HHR) is only 10 minutes from LAX and a free shuttle from HHR to LAX is provided for passengers arriving from MMH. Shuttle information can be found at advancedairlines.com/airports/jet-center-los-angelesat-hawthorne-municipal-airport and it must be booked in advance. • Current outbound flights on Thursday or Friday and return flights on Sunday or Monday are automatically discounted by 20%. Locals can save an additional 20% by booking through advancedairlines.com and using code MMHLOCAL (some blackout dates may apply).
.• Flight 10-packs available soon! The 10-packs includes ten flexible one-way tickets at a reduced price. Keep an eye out on advancedairlines.com/bulkticket-club for the release of additional 10-packs. • TSA checks are not part of the check-in process so guests spend less time in lines and more time on the slopes. Additionally, charter flights can divert and land in Bishop if needed.
• This winter, flight check-in and pickup will be located in the MMH terminal building rather than the Fixed Based Operator building. The terminal will also include the addition of a new café.
TownofMammothLakes.ca.gov Town of Mammoth Lakes
Did you know that Mammoth Yosemite Airport
(MMH) supports scheduled air service by Advanced
Airlines, in addition to general aviation, emergency,
and military flights?
DID YOU KNOW?
TownofMammothLakes.ca.gov Town of Mammoth Lakes
• El servicio chárter programado regresará a MMH para la temporada de invierno del 23 de noviembre de 2022 al 10 de abril de 2023. El servicio incluye vuelos a Burbank (BUR), Carlsbad (CLD) y Hawthorne (HHR) en un avión de
30 pasajeros en menos cuatro días a la semana: jueves, viernes, domingo y lunes.
• Hawthorne (HHR) está a solo 10 minutos de LAX y se ofrece un servicio de transporte gratuito de HHR a LAX para los pasajeros que llegan desde MMH. La información de
transporte se puede encontrar en advancedairlines.com/
airports/jet-center-los-angeles-at-hawthorne-municipalairport y debe reservarse con anticipación. • Los vuelos de ida actuales los jueves o viernes y los vuelos de regreso los domingos o lunes se descuentan automáticamente en un 20%. Los locales pueden ahorrar un 20 % adicional si reservan a través de advancedairlines.com y usan el código MMHLOCAL (pueden aplicarse algunas fechas restringidas). .• ¡Los paquetes de 10 vuelos estarán disponibles en breve! Los paquetes de 10 vuelos incluyen diez billetes flexibles de ida a un precio reducido. Esté atento a advancedairlines.com/ bulk-ticket-club/ para el lanzamiento de otros paquetes de 10 vuelos.
• Los controles de la TSA no forman parte del proceso de registro, por lo que los huéspedes pasan menos tiempo en las filas y más tiempo en las pistas. Además, los vuelos chárter pueden desviarse y aterrizar en Bishop si es necesario.
• Este invierno, la facturación y la recogida de vuelos se ubicarán en el edificio de la terminal de MMH en lugar del edificio de operadores de base fija. La terminal también incluirá la incorporación de una nueva cafetería.
¿Sabía que el Aeropuerto Mammoth
Yosemite (MMH) admite el servicio
aéreo regular de Advanced Airlines,
además de vuelos de aviación general,
de emergencia y militares?
¿SABÍA UD.?
Mammoth Lakes Town Council
Agenda Action Sheet
Title: December 2023 Public Works Engineering Update.
Council Meeting Date: 12/7/2022
Prepared by: Public Works
Recommended Motion: None
Summary:
The December 2022 CIP update includes most of the Town’s active construction projects. A few highlights are provided for each project. With the exception of the Community Recreation Center (CRC) most active construction projects are under winter suspension. Staff has transitioned to planning for next summer’s construction season. During the November presentation on Snow Management, Staff advised Council that a “snow smart” handout was being developed. The card is currently being printed. Included is an enlarged version of the 5x7 card.
Capital Project Update
December Update
Created 11-30-22
Project Notes
CRC Contractor has substantially completed flat ends
Utilities – gas, water, electrical, HVAC are being installed inside the building Exterior mechanical / trash enclosure is under construction with chiller and DHU installed.
Some interior framing has been completed
Exterior paving installed around north and south sides
CRC - Mobility Hub Sidewalks and ADA ramps have been installed Bus shelter is complete
Tesla to complete install in spring
CRC - Interior Work Staff is recommending that this work be bid later this winter.
Staff recommends contractor focus on existing contract elements.
The Parcel PH 1 Building A and B have had 3 stories of pre-fabricated building modules installed. Connectivity and running of utilities and finishing internal components are being worked on.
Installation of public “wet” utilities, including water, sewer and storm drain, is complete along Inyo St and most of Tavern Rd.
Ballfields Rehabilitation
Whitmore/Shady
This project is under winter suspension due to snow covering the ballfields. Work will resume in spring and be completed before planned field uses. Remaining work includes installation of new chainlink fencing and final grading of the infield mix that has been placed. Town staff are coordinating with relevant parties to ensure fields are ready for spring gameplay. 60 Joaquin The design-build team is working on their design package. The PEDC was expected in November.
OMR Beautification No bids were received. Town staff continues talks with potential companies. Staff is targeting spring installations.
Main Street Landscaping Town staff received one bid from a local contractor to perform a portion of the work associated with this project. Town staff is now targeting spring installations.
HSIP Intersection crossings The Town is working through final details with Caltrans prior to applying for construction funding for upgrades to existing crosswalks at Laurel Mountain Rd and the Post Office. Staff anticipates bidding this winter upon formal allocation of funding and awarding, with work occurring in late winter, weather permitting.
Chaparral Extension (The
Parcel)
The contractor has completed tree removal. Construction of the remaining work to resume in the spring.
Laurel Mountain Rd Rehab
& Sidewalk
Contract has been awarded. Construction of project will occur in 2023.
Fuel Island Tanks have been inspected, lined and are back in service.
The existing slab will be removed and replaced. This work will be done in the spring. This remediation work will provide a minimum of 10 years of useful life from the existing fuel island.
Minaret MUP Staff have reviewed and commented on 90% plans and are awaiting final design plans. No construction funding has yet been identified.
New Civic Center HMC has provided a proposal to complete design work and construction drawings. Staff has recommended contracting through design development. This would provide enough information to allow council to make a decision of funding.
Foundation Childcare AP Architects delivered some schematic site layouts and Staff had provided input so AP Architects can move forward with final site layout and continue work on the foundation permit construction plans.
Main Street MUP Staff and our consultant are finalizing responses to Caltrans comments on initial plans. Town will then apply for previously programmed STIP funding to cover to the detailed engineering design phase, then continue to work with the consultant to produce construction plans. No construction funding has yet been identified.
• The following roads are subject to temporary closure during winter snow storms: Davison Rd., Sherwin Creek Rd., Mammoth Scenic Loop.
TOWN ROAD CLOSURES
Snowy weather makes driving a challenge.
Driving during a winter storm puts yourself, your passengers, those traveling around you, and plow and emergency crews at increased risk.
Plan to go out after the roads are plowed, or use free public transit. • Look for and obey speed limit and chain control signs (see back). • Slow down: speeding is a major cause of winter accidents.
Braking distances are much longer, and it only takes a split second to lose control in snowy and icy conditions.
• Keep your distance from snow removal equipment. Snow plow operators have reduced visibility. Pass with extreme caution. • Be prepared: dress for the conditions and keep a survival kit (extra winter clothes, gloves, blankets, water, first aid supplies, a flashlight, a shovel, etc.) in your vehicle in case you get stuck. • Remove snow from the top of your vehicle.
• Know how to keep yourself and your child safe when
walking or playing in the snow (see back).
WINTER STORM SAFETY TIPS
• Eastern Sierra Transit operates free routes around town, including all three Mammoth Mountain lodges, The Village at Mammoth, and dining, shopping, and lodging areas.
• Download the free app to track ESTA
transit times.
• Visit ESTransit.com or scan the QR code for more info.
FREE TRANSIT AROUND TOWN
Be Snowsmart this Winter!
• Children should not play in yards or build snow
forts during snow removal opereations.
• Under no circumstances should children dig snow caves in berms – snow removal operations can result in cave-ins or worse. • Roofs shed snow and ice – use extreme caution.
CHILD SAFETY
• Keep your distance from snow removal equipment and do not stop to watch snow removal operations from the side of the road. • Use paved paths and sidewalks whenever possible.
• Use caution crossing the road: remember roadways
are slick and vehicles cannot stop as quickly.
PEDESTRIAN SAFETY
• Visit roads.dot.ca.gov or call 1-800-427-7623 and enter highway number 395 or 203 (Main St & north Minaret Rd).
CURRENT HWY CONDITIONS & CHAIN RESTRICTIONS
Visit TownofMammothLakes.ca.gov
or scan this QR code for more
snowsmart information and tips.
Report your
concerns – scan
this QR code.
WHEN DO I HAVE TO USE CHAINS?
R-3: Chains Required: No Exceptions
You must put chains on the drive wheels
of your car. There are no exceptions,
ALL vehicles must use chains.
R-3
R-2: Chains Required: Four-Wheel Drive
with Snow Tires OK
You must put chains on the drive wheels of your
car unless your car has four-wheel or all-wheel
drive engaged and your car has snow tires on
ALL four wheels. All vehicles must carry chains.
R-2
R-1: Chains Required: Autos &
Pickups with Snow Tires OK
You must put chains on the drive wheels of
your car unless you are driving a car, pickup
truck, or SUV that has snow tires on at least two
drive wheels. All vehicles must carry chains.
R-1
Town Council of Mammoth Lakes
Minutes of Regular Meeting
November 16, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser,
Councilmember Kirk Stapp
_____________________________________________________________________
1. CALL TO ORDER
The Mayor Pro Tem 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
Andrew Kastor led the flag salute.
3. PUBLIC COMMENTS
Andrew Kastor, Head Coach of the Mammoth Track Club, gave an update regarding current Club activities.
4. ADDITIONS TO THE AGENDA
Town Manager Daniel C. Holler announced that Agenda Items 8.3 and 8.4 would be continued.
Town Council Minutes
November 16, 2022
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Office of Outdoor Recreation Manager Lawson Reif gave an update regarding current outdoor recreation activities. There was discussion among members of Council and staff.
Community and Economic Development Director Sandra Moberly and Engineering Manager Amy Callanan gave an update regarding The Parcel.
Town Manager Daniel C. Holler gave an update regarding the status of the ice rink.
6. PUBLIC PRESENTATIONS
6.1 Joint Meeting with the Mammoth Lakes Tourism Board – Review Annual Report and Marketing Campaigns. (1.5 hours)
Mammoth Lakes Tourism (MLT) Board Chair Jeremy Goico, Vice Chair Pat Foster, Treasurer John Morris, and Board Member Eric Clark were in attendance.
MLT Executive Director John Urdi, MLT Director of Communications Lara Kaylor, MLT Director of International Sales Michael Vanderhurst, Senior Manager of Marketing and Special Events Dakota Snider, and Director of Marketing Brian Wright gave a presentation regarding the 2021-22 MLT Year End Report. Mr. Urdi gave a presentation regarding the TBID (Tourism Business Improvement District) Annual Report. There was discussion among members of Council, the Board, and MLT staff. Mr. Urdi and Mr. Wright spoke about and showed the new MLT Real Unreal campaign.
The Mayor Pro Tem called a recess at 6:09 p.m. and the Council reconvened at 6:23 p.m.
7. STAFF PRESENTATIONS
7.1 Presentation on 2022-23 Snow Management.
Public Works Director Haislip Hayes, Public Works Maintenance Manager Todd Murphy, and Public Works Maintenance Supervisor Pat Vargas gave a presentation regarding snow management. There was discussion among members of Council and staff.
Town Council Minutes
November 16, 2022
8. CONSENT AGENDA
Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Approve the Consent Agenda.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp Carried (5 to 0)
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.
This item was continued.
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”).
This item was continued.
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
9.1 Public hearing to consider a grant application for the State Permanent Local Housing Allocation program.
The Mayor Pro Tem opened the public hearing at 6:56 p.m.
Town Council Minutes
November 16, 2022
Community and Economic Development Director Sandra Moberly and Senior Planner - Housing Coordinator Nolan Bobroff outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor Pro Tem closed the public hearing at 7:02 p.m.
Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
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.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
10. POLICY MATTERS
10.1 Resolution providing $25,000 in emergency one-time funding to the Southern Mono Historical Society.
Town Manager Daniel C. Holler outlined the information in the staff report.
Robert Joki, President of the Southern Mono Historical Society, spoke about the request for emergency funding. There was discussion among members of Council and Mr. Joki.
Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Approve the Resolution providing $25,000 in emergency community support funding to the Southern Mono Historical Society, and direct staff to ensure timely discussion on the future of the Museum with the Board and the President.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
Town Council Minutes
November 16, 2022
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.
Building Official Tom Perry outlined the information in the staff report.
There was discussion among members of Council and staff.
Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
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.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
10.3 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.
Assistant to the Town Manager Pam Kobylarz outlined the information in the staff report.
Town Council Minutes
November 16, 2022
Mike Smith, Mammoth Disposal, gave an update regarding the building of the new transfer station.
There was discussion among members of Council and staff.
PUBLIC COMMENT:
Ted Carleton, The Sheet, asked about the proposed rates.
Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Adopt a Resolution Approving the First Amendment to the Solid Waste Services Agreement between the Town of Mammoth Lakes and Mammoth Disposal Company related to the calculation of fees and charges.as amended to incorporate staff's correction to the resolution.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
10.4 Amended Lease Agreement between the Town of Mammoth Lakes and the Mammoth Lakes Foundation related to property and facility uses.
Town Manager Daniel C. Holler outlined the information in the staff report.
There was discussion among members of Council and staff.
Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Approve the amended lease agreement between the Town and Mammoth Lakes Foundation related to property and facility uses located at 100 College Parkway, Mammoth Lakes, CA subject to final legal review.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
Town Council Minutes
November 16, 2022
The Mayor Pro Tem called a recess at 7:56 p.m. and the Council reconvened at 8:05 p.m.
10.5 Presentation and Town Council direction on planning, design, and construction options for New Town Offices.
Town Manager Daniel C. Holler and Brandon Guilotti, HMC Architects, outlined the information in the staff report. There was discussion among members of Council and staff.
11. COUNCILMEMBER REPORTS
Mayor Salcido reported that she was at a conference in Anaheim.
Councilmember Stapp reported on the Mammoth Lakes Housing wait list.
Councilmember Sauser attended the Local Transportation Commission meeting.
Mayor Pro Tem Wentworth spoke about potential State deficits. He attended the 10th Anniversary of the Mammoth Lakes Trail System event, the Natural Resources Agency Statewide Access for All Initiative, the Donut NEPA meeting, and the Local Transportation Commission meeting.
12. CLOSED SESSION
12.1 Pursuant to Government Code Section 54957, the Council will hold a conference to consider evaluation of a public employee: Town Manager.
This item was continued.
13. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
14. ADJOURNMENT
The Council adjourned the meeting at 8:44 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) January 7, 2023, or such time the Town Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the Town of Mammoth Lakes may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
APPROVED AND ADOPTED THIS 7th day of December 2022.
________________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Receive and file the Snowcreek Development Agreement Annual Review Report.
Council Meeting Date: 12/7/2022
Prepared by: Michael Peterka, Associate Planner
Recommended Motion: Staff recommends that Town Council receive and file the Snowcreek Development Agreement annual review report, finding the Developer in good faith substantial compliance with the terms and conditions of the Development Agreement.
Summary:
Development Agreements
Development Agreements (DAs) are contracts negotiated between project proponents and public agencies that govern the allowable land uses in a particular project and establish the conditions to which a development will be subject. DAs provide mutual benefits to the parties and must be consistent with the General Plan and any applicable specific plan.
Neither an applicant nor a public agency is required to enter into a DA; DAs are voluntary agreements of both parties. The terms and conditions of DAs are negotiated between the parties and subject to the ultimate approval of the public agency after following a specifically required process.
State law, Government Code 65864 et seq., and Municipal Code Chapter 17.108 outline the requirements for Town of Mammoth Lakes DAs. DAs are recorded, which binds future owners to the requirements and obligations contained in the DA. The Snowcreek DA was adopted consistent with these requirements.
Snowcreek DA
The Snowcreek DA was approved by Town Council via Ordinance 10-08 and became effective on July 23, 2010.1 The DA provides a 20-year vesting for the Snowcreek Master Plan Update (Snowcreek VIII) and Snowcreek VII projects, which total approximately 260 acres within the Snowcreek Master Plan area.
The Snowcreek DA is intended to:
• Increase the likelihood the subject development projects are built as intended in the long-term;
• Ensure the provision of needed facilities, improvements, or services; and • Provide assurance to the developer regarding the rules, regulations, and policies applicable to future development.
Both the Town and the Developer share mutual interest in implementation of the Snowcreek VII and Snowcreek VIII projects and the improvements that would result.
1 Available online at:
https://www.townofmammothlakes.ca.gov/DocumentCenter/View/5109/SNOWCREEK-DA_FINALRECORDED?bidId=
Community benefits provided through the Snowcreek DA include:
• Allowing egress of backcountry skiers, snowboarders, and snowshoers from the Sherwin Range earlier than required (DA Section 2.2.1.a). • Permanent preservation of the Mammoth Creek open space corridor (DA Section
2.2.1.b).
• Additional Financial Contribution (“AFC”) paid per unit at building permit issuance.
This cash flow could result in up to $10 million to use for purposes beneficial to the community and intended to be applied to various projects located within a surrounding geographic nexus (DA Section 2.2.2).
• Fiscal benefits that will accrue to the Town and community through the implementation of the Project as intended that would not occur without the DA, including transient occupancy taxes.
• Secondary access for both Snowcreek V and VIII and the emergency vehicle access road, which is in addition to the Fire District requirements. • Establishment of public access across certain points of the project to surrounding public lands prior to project construction and after completion, which would provide access to an enhanced network of publicly accessible multi-use paths that is connected to the Town’s trail system.
Additional community benefits provided by the Project are identified in the Recitals of the DA.
Snowcreek DA - Annual Review
Because of economic conditions and the significant impacts caused by the recession, a determinate phasing schedule of development was not practical and was not approved with the Snowcreek DA.
Rather, basic performance milestones were provided, which are listed in the attached annual review report (Attachment 1). The DA allows for a finding that it is acceptable for milestones to have not been met due to unavoidable delays or events as described in Section 11.15 of the DA.
Attachment 1 is the 2022 annual review report for the Snowcreek DA, and Attachment 2 is the written statement from the developer initiating the annual review. This report finds that the Developer is in good faith substantial compliance with the terms and conditions of the DA.
Development of the Snowcreek VII project Phase 2 and 3 has continued over the past year. A total of 40 units within 15 multi-unit buildings have been completed. At the end of 2022, the remaining 32 units within 11 multi-unit buildings were under construction. The Snowcreek VII development will be completed with the completion of these 32 units.
The developer has submitted a final map for TTM 09-002 (Snowcreek VIII) and an entitlement application for the initial phase of the residential component of Snowcreek VIII. Staff expects grading and infrastructure improvement plans to be submitted in 2023 with the goal of beginning grading in the Spring 2023.
Snowcreek Development Agreement - 2022 Annual Review Report Development Agreement Schedule of Performance Review
Snowcreek Hilltop Development Company, LLC. & Snowcreek Investment Company II, LLC Development Agreement Summary: Snowcreek Development Agreement
Effective Date: July 23, 2010
Term: 20 years
Expiration Date: July 23, 2030
Affected Projects:
1. Snowcreek VII
2. Snowcreek VIII
Town Manager Determination: Developer is found
to be in good faith substantial compliance with the
terms and conditions of the Snowcreek Development
Agreement.
Town Manager: Daniel C. Holler
Signature: ________________________________
Date: December 7, 2022
Snowcreek Development Agreement – 2022 Annual Review Report Development Agreement Milestones (Article 2, Section 2.2.1) Subject Milestone Due Date Actual Date of
Implementation
Satisfied/
Complete Notes
Annual
Review
Developer will initiate the annual review by
submitting a written statement to the Town
Manager describing the Developer’s good
faith substantial compliance with the terms
and conditions of the DA for the prior
calendar year (7.2.2).
Initiated October
31st each year
Letter dated
October 18, 2022
Yes This annual review
report is to be
received and filed
by Town Council
on November 16,
2022.
Backcountry
Egress
Allow egress of backcountry skiers,
snowboarders, and snowshoers from the
Sherwin Range prior to effective date of DA
(2.2.1.a).
Prior to effective
date of DA
Prior to effective
date of DA
Yes
Continue to allow [egress of backcountry
skiers, snowboarders, and snowshoers from
the Sherwin Range] during the pendency of
construction of that portion of the Projects
so long as the Developer, at its sole election,
determines that such egress shall not
negatively affect public safety (2.2.1.a).
On-going during
construction of
portion of the
Projects that would
affect that Sherwin
Range egress
Mammoth
Creek Open
Space
Corridor
Record a real estate conveyance document,
whether a grant deed, a conservation
easement, or another legal mechanism
reasonably approved by the Town Attorney,
to permanently protect the Mammoth Creek
Open Space Corridor (2.2.1.b).
July 23, 2014 July 19, 2018 –
Ownership of the
Mammoth Creek
corridor property
transferred to the
Town and the
conservation
easement to DFW
recorded
Yes 9.39 acres of the
14.97 acre parcel
used to satisfy
Mitigation Measure
BIO-4a from the
Snowcreek VIII
EIR;
Remaining 5.58
acres of the 14.97
acre parcel are
available for the
Town to use for
future mitigation
needs.
Snowcreek Development Agreement – 2022 Annual Review Report Phasing Actual construction will occur in phases and
subphases based on what the market will
absorb at any given point in time. It is the
intention of the parties for each phase or
subphase of the Projects to provide all of the
facilities, programs (including affordable
housing), features, amenities, access and
easements described in the Vested Rules as
well as payment of all fees at the time set
forth in the Vested Rules, related to that
phase or subphase. The parties agree to
discuss the actual phasing of development
and the associated timing for completion of
facilities, programs (including affordable
housing), features, amenities, access and
easements in connection with the
application for each use permit or
Subsequent Approval (2.2.1.c.1).
Application for
each use permit or
Subsequent
Approval; ongoing with each
phase of
construction
Snowcreek VII,
Phase 1 has been
completed; 15 of
the 27 buildings
that comprise
Snowcreek VII,
Phases 2 and 3 have
been completed and
building permits for
the remaining
buildings in Phases
2 and 3 have been
issued and are
under construction
Resort Hotel
and 18-Hole
Golf Course
Subject to Section 11.15, if development of
the Resort Hotel and 18-hole championship
golf course has not commenced within 10
years after the effective date of the DA, then
the remaining 10-year term of the DA shall
be reduced one day for each day, or portion
thereof, the 10-year milestone has not been
met (2.2.1.c.2).
July 23, 2020 The initial 10-year
deadline for the
development of the
Resort Hotel and
18-Hole Golf
Course ended on
July 23, 2020. They
are now in the
phase where they
lose one day for
each day the
milestone has not
been met.
Project Sales
Price
Publicly available Project sales price
activity shall be reviewed during the Annual
Review, pursuant to Section 7.2 (2.2.2.f.3)
During annual
review once units
are for sale or have
been sold
Snowcreek Development Agreement – 2022 Annual Review Report Additional Progress
In addition to the milestones identified above, progress has been made on the following Snowcreek projects:
The bond for the Snowcreek VII subdivision improvements was updated to include all of the subdivision improvements for Snowcreek VII Phase 3 and the future transit stop adjacent to Old Mammoth Road. Staff is working with the developer on various salutation to satisfy the bus stop condition of approval that will result in a safe transit stop that meets the needs of the community. Snowcreek VII (Creekhouse) development status:
o All of the Phase 1 development area (41 units within 12 multi-unit buildings) has been completed and have received Certificates of Occupancy.
o Snowcreek VII Phase 2 and 3 construction status:
8 units within 3 multi-unit buildings were completed in 2020; 17 units within 6 multi-unit building were completed in 2021; 17 units within 6 multi-unit building were completed in 2022; 32 units within 11 multi-unit buildings are under construction at the end of 2022; The developer submitted a Final Map for TTM 09-002 (Snowcreek VIII) to parcelize the 222-acre development area into smaller parcels to accommodate the future development phases.
The developer has submitted an entitlement application for the initial phase of the residential component of Snowcreek VIII.
Staff expects grading and infrastructure improvement plans to be submitted in 2023 with the goal of beginning grading in the Spring 2023.
1 TOWN COUNCIL STAFF REPORT
Title: Authorize the Town Manager to execute a not to exceed $700,000 contract with HMC Architects for architectural design services for the new Town Hall.
Meeting Date: December 7, 2022
Prepared by: Haislip Hayes, PE Public Works Director
Dan Holler, Town Manager
RECOMMENDATION:
Authorize the Town Manager to execute a not to exceed $700,000 contract with HMC Architects for architectural design services for the new Town Hall.
BACKGROUND:
On March 16, 2022, Staff provided a comprehensive update on the Capital Improvement Plan. Included in the presentation was the development of a new Town Hall. During the April 27, 2022, CIP and Budget update the conversation was advanced. Staff reported that the costs of leasing the current Town offices have increased significantly. Based on Council direction Staff began investigating constructing a new Town Hall. The Town owns the land on the north-east corner of Tavern and Sierra Park. This property was acquired for the purpose of building a Civic Center including a Town Hall and other municipal functions.
A courthouse, police station, and County administrative building have already been completed. The staff report noted that initial programming and design was needed to understand the costs of the facility and that an RFQ/RFP had been issued to complete this work.
At the June 1, 2022 Town Council meeting the Council authorized the Town Manager to finalize and execute a contract with HMC Architects to complete initial design and programming work to better understand the costs associated with building a new Town Hall. In late June a selection of Staff and key partners participated in a workshop to develop initial programming and designs. After the workshop HMC developed schematic floorplans, building renderings, and cost estimates. The results of this effort were reported to Town Council on November, 16, 2022. During this meeting the Town Council directed staff to continue with the design of the facility.
ANALYSIS:
After the November meeting Staff asked HMC to develop a proposal to support the project through construction. A complete proposal allows the Town to understand and budget for the entire process. Staff recommends only authorizing enough work to carry the process to the next Town Council decision point. This would include taking the design through full design development but stopping short of construction drawings. The cost to prepare this design package would be $700,000. This price includes travel and other reimbursable
2 expenses. The budget break down table below includes approximately $100k in reimbursable expenses for travel and printing. As HMC has other projects in the area the cost will most likely be less as the travel costs could be shared. Travel must be preauthorized by the Town to be reimbursed. Staff recommends budgeting more conservatively and including all of the potential costs.
Phase Fee % Fee
Schematic Design 14% $ 262,847.00
Design Development 19% $ 350,462.00
Construction Documents 33% $ 613,309.00
Agency Review & Approval 5% $ 87,615.00
Bidding & Negotiations 5% $ 87,615.00
Contract Administration 19% $ 350,462.00
Travel and Reimbursables 5% $ 100,000.00
Total $ 1,852,310.00
Completing work through the design development phase will provide the Town a more refined cost estimate. The estimate will be critical in deciding if the Town will proceed with construction and financing the project. The final design will include complete floor plans for offices and community spaces, site layout, preliminary engineering, code analysis, and energy conservation. HMC and the Town anticipate a two-month process to complete this work which would begin after the new year.
FINANCIAL CONSIDERATIONS:
The Town previously authorized up to $150,000 in design work to bring the project to its current state. HMC’s actual costs were $128,787 to complete the preliminary design work.
Authorizing $700,000 to complete work through the design development phase would bring the total commitment to the project to $823,787. The proposed funding source is American Rescue Plan Act (ARPA) funding. $1,900,000 is available to complete work on this project. Funding for the new Town Hall would be through a debt issuance to be considered after this next phase of work is completed.
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Accept and File the SB 165 Tax Accountability Report for CFD 2001-1 (North Village), CFD 2004-1 (Fractional), CFD 2005-1 (In Lieu), and CFD 2013-3 (Transit Services).
Council Meeting Date: 12/7/2022
Prepared by: Stephanie Trujillo, Accounting Manager
Recommended Motion: Accept and File the SB 165 Tax Accountability Report for CFD 2001-1 (North Village), CFD 2004-1 (Fractional), CFD 2005-1 (In Lieu), and CFD 2013-3 (Transit Services).
Summary: Senate Bill 165 requires an annual report for local special tax/local bond measures be filed each year with the California Secretary of State. The annual report contains information regarding the use of the proceeds for any local special tax/bond measure which is subject to voter approval. The attached special tax accountability report compares 2020 balances to 2021 balances through June 30, 2021 for CFD 2001-1 (North Village), CFD 2004-01 (Fractional), CFD 2005-01 (In Lieu DIF), and CFD 2013-3 (Transit Services).
SB 165: LOCAL AGENCY SPECIAL TAX AND BOND
ACCOUNTABILITY ACT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (“Act”). This Act requires that any local special tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act applies to local bond measures adopted on or after January 1, 2001 in accordance with Section 50075.1 or Section 53410 of the California Government Code.
Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This report intends to comply with Section 50075.3 or Section 53411 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 or Section 53410.”
The requirements of the Act apply to the Improvement Fund for the following bonded Community Facilities District (“CFD”):
CFD
Date of Debt
Issuance
Initial Amount Deposited
to Improvement Fund(1)
6/30/2022
Balance
Amount
Expended
Project
Status
CFD No. 2001-1
(North Village) 8/11/2016 $676,115.98 $629,409.19 $46,706.79 Ongoing (1) $8,025,000 initially deposited from the original 2003 bond issuance. Amount shown represents the initial amount deposited from the 2016 Special Tax Refunding Bonds.
The requirements of the Act apply to the Service Fund for the following non-bonded CFDs:
CFD
Date of
Formation
06/30/2021
Balance
2021/22
Special Tax
Levy(1)
06/30/2022
Balance
Amount
Expended
Project
Status
CFD No. 2004-01
(Fractional Mello) 1/05/2005 $45,627.14 $194,819.88 109,050.59 $131,396.43 Ongoing CFD No. 2005-1
(In Lieu DIF) 3/5/2008 22,891.84 2,683.64 24,855.77 719.71 Ongoing CFD No. 2013-3
(Transit Services) 4/17/2013 34,133.75 17,327.52 41,974.86 9,486.41 Ongoing (1) Represents special tax collections through June 30, 2022.
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: 12/7/2022
Prepared by: Amanda Pelham, Human Resources Manager
Recommended Motion: Approve, pending legal review and confirmation of final ratification by the Association, 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 December 7, 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
22.5 Comprehensive Leave Payouts....................................................................................................... 12
22.6 Comprehensive Leave Accruals...................................................................................................... 12
22.7 Sick 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
22.8 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..................................................................................................................................... 17 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 sixpoint nine percent (6.9%) of the employee’s base rate of pay.
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.
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.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
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.
Employees wishing to inspect their personnel file may do so by contacting the Chief of Police, or designee.
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
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.
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
Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association July 1, 2022 to June 30, 2025
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: 12/7/2022
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, 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 7
TH DAY OF DECEMBER 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 Police Recruit 29.54
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 Police Recruit 30.43
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 Police Recruit 31.34
Rate Type: Annual Rate Type: Hourly Base Rate of Pay
ATTACHMENT 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
1 TOWN COUNCIL STAFF REPORT
Title: Consider Adoption of a Resolution Approving the Solid Waste Disposal Charges and Rates for January 1, 2023 through December 31, 2028 Meeting Date: December 7, 2022
Prepared by: Pam Kobylarz, Assistant to the Town Manager Daniel C. Holler, Town Manager
RECOMMENDATION:
Adopt a Resolution Approving the Solid Waste Disposal Charges and Rates for January 1, 2023 through December 31, 2028.
BACKGROUND:
In October 2020, the Town of Mammoth Lakes entered into a 20-year Solid Waste Franchise Agreement with Mammoth Disposal. The Town is required to provide solid waste services for its residents and visitors, including compliance with recycling and diversion mandates. The Franchise Agreement allows for Mammoth Disposal to provide these services on behalf of the Town; however, compliance with state mandates is still ultimately the Town’s responsibility.
As part of the Franchise negotiations, the rate structure for solid waste services was modified and is tied to a variety of service changes, infrastructure investment, new operating costs, and ongoing expenses. Pursuant to the new Franchise Agreement, Mammoth Disposal is in the process of constructing a new, expanded transfer station, which will be operational prior to the end of 2022.
Mammoth Disposal has seen significant, unanticipated cost increases in its operations, and earlier this year approached the Town about requesting a rate increase to cover these costs.
ANALYSIS:
Current Rate Structure
The current rate structure includes an increase of 5.6% each year through 2026. The rates were based on the estimated $9.3 million in capital expenditures as well as anticipated operational costs. In addition to the new facility, capital costs over the life of the Agreement include vehicles, bins/containers, sorting equipment, storage containers, and operational items related to replacement and upgrades. Financing costs were estimated at a rate of 4% to 7% as funding is internally secured. The new facility will require an additional five employees.
The existing fee structure includes the following services and costs:
2 Transportation and disposal of solid waste (~20%). This includes contracting the transportation of solid waste as well as the disposal of waste at Russell Pass Landfill in Fallon, Nevada after the closure of Benton Crossing Landfill on December 31, 2022.
Collection and processing of solid waste (~65%), including administration, collection services for residential and commercial customers, equipment (vehicles, bins, and other containers), and operations at the transfer station. Recycling services and processing of other solid waste related materials (~15%), including handling of Household Hazardous Waste (HHW) and recyclable materials dropped off and collected, processing of construction and debris material, and the handling of green waste and miscellaneous items.
The existing rate increases through 2026 will result in setting a new base rate required to fund the costs of new capital investments, increased operational and processing costs, and enhance service levels, with a focus on increased recycling programs.
Operational Cost Increases
Since the rates were adopted in 2020, Mammoth Disposal has seen significant, unanticipated cost increases across all categories of its operations. These include:
Transportation & Disposal 27.4%
Fuel 60.7%
Labor 12.2%
In 2020, the construction cost estimate for the new transfer station was $5 million. Since that time, the cost of construction and materials has gone up significantly, and the current cost is projected to be $1.8 million above the original estimates. This is for building costs only and does not include increases for the cost of equipment.
Initial cost estimates for trucking and disposal of waste out of the town were based on quotes provided in 2019. Quotes analyzed in the initial rate structure included cost escalations, however, the current quotes are significantly higher than anticipated. Russell Pass Landfill originally quoted $21/ton and is now at $30/ton, representing a 43% increase.
Transportation/trucking costs are also expected to increase from the initial estimates. Fuel prices have gone up approximately 60% since the initial cost projections were done in 2020.
In the initial cost structure escalated wages were set at 3.0% each year from 2019, to arrive at an average hourly rate of $25.32 for 2022/2023. Due to labor shortages and inflation, the average current hourly rate is $27.31, representing a 7.9% increase above pro forma.
Including benefits and taxes, the overall labor expense increase from the original 2022 pro forma cost structure is 12.2%.
3 Requested Rate Increase
At its meeting on November 16, 2022, Town Council approved an amendment to the Franchise Agreement, which allows rates to increase 1-4% each year based on the Consumer Price Index (CPI), subject to the completion of a protest process required by the California Constitution, which is referred to below as a “Prop 218 hearing”. This would be in addition to the planned rate increases of 5.6% each year, which includes a 2.5% inflationary increase each year. That would allow for a total annual increase to the rates between 6.6% to 9.6% each year through 2026 to account for the 1% to 4% CPI based additional increase. Beginning in 2027, rates would only be permitted to increase between 1-4%.
The solid waste rates use the Consumer Price Index, series CPI-U for the Los AngelesLong Beach-Anaheim area published by the Bureau of Labor Statistics of the U.S, Department of Labor to determine the CPI impact each year. The August CPI is used to determine the rates for the following calendar year. This year the August CPI was 7.6%, which exceeds the maximum permitted additional CPI rate increase of 6.5% (2.5% existing inflation factor plus 4% CPI factor). Therefore, the rates for 2023 will include the maximum increase of a total of 9.6%, as shown on the second column of the attached rate sheets. Moving forward each year, the rates will be calculated based on the CPI for the 12- month change for August.
Prop 218 Hearing
The proposed rate increase requires a formal public hearing and allows for customers to lodge a protest to the rates as provided for under Proposition 218, codified in Article XIIID of the California Constitution. This process is often referred as a “Prop 218 hearing.” A notice informing all customers of the proposed rate increase is required to be sent at least 45 days ahead of the formal public hearing. The notice as required was sent and is included as Attachment B.
On October 20, 2022, the Town sent the notice to all current customers included on Mammoth Disposal’s customer list (approximately 2,500 customers). As of November 30, 2022, the Town has received no formal protests to proposed rate increase. All protests must be in writing.
OPTIONS ANALYSIS
Option 1: Adopt a Resolution Approving the Solid Waste Disposal Charges and Rates for January 1, 2023 through December 31, 2028.
Option 2: Do not Approve the Solid Waste Disposal Charges and Rates for January 1, 2023 through December 31, 2028 and provide direction to staff.
Attachments:
4 Attachment A: Resolution including Solid Waste Rate sheet for January 1, 2023 through December 31, 2028
Attachment B: Prop 218 notice
RESOLUTION 22-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, INCREASING SOLID WASTE DISPOSAL
CHARGES AND RATES IN ACCORDANCE WITH ARTICLE XIIID OF THE
CONSTITUTION OF THE STATE OF CALIFORNIA
WHEREAS, Article XIIID of the California Constitution sets forth the procedures for a municipality to follow with respect to adopting increases in “property related fees” such as refuse service fees; and
WHEREAS, the Town of Mammoth Lakes (“Town”) entered into an exclusive 20-year Franchise Agreement with Waste Connections a.k.a. Mammoth Disposal (“Mammoth Disposal”) in October 2020; and
WHEREAS, the current solid waste rates were adopted with Town Council Resolution 20-78 at the September 2, 2020 meeting and have been in effect since January 1, 2021; and
WHEREAS, the Town’s franchise agreement with Mammoth Disposal current allows rates to increase by 5.6%, including a 2.5% inflationary increase, each year through December 31, 2026; and
WHEREAS, since the current rate structure was adopted, Mammoth Disposal has seen substantial cost increases across all categories of its operations including services, infrastructure investment (including construction of the new transfer station), new operating costs, and ongoing expenses; and
WHEREAS, the on November 16, 2022, the Town Council adopted an amendment to the Franchise Agreement that allows for a CPI increase to the solid waste rates each year of between 1-4%, based on actual CPI (Los Angeles-Long BeachAnaheim area published by the Bureau of Labor Statistics of the U.S, Department of Labor) in August of the previous year, subject to completion of protest procedures as required by Article XIIID of the California Constitution; and WHEREAS, Article XIIID of the California Constitution requires that prior to the public hearing to increase refuse rates, the Town must mail to each property owner and/or customer subject to the fee, at least 45 days prior to such public hearing, a notice describing:
a) the amount of the fee or charge to be imposed upon each parcel, b) the basis upon which the amount of the proposed fee or charge was calculated, c) the reason for the fee or charge, and
d) the date, time, and location of a public hearing on the proposed fee or charge; and
WHEREAS, on October 20, 2022, the Town mailed the notice of public hearing to be held on December 7, 2022, relating to the intention to increase solid waste disposal rates in the Town of Mammoth Lakes in accordance with California Constitution Article
Resolution No. 22-XX
XIIID Section 6 to all parcel owners receiving solid waste service in the Town of Mammoth Lakes and customers of Mammoth Disposal; and
WHEREAS, the Town has held such public hearing on December 7, 2022, and received and considered all oral and written protests related to the proposed increases in the refuse charges.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth Lakes as follows:
Section 1. The foregoing recitals are true and correct and incorporated herein by reference.
Section 2. The Town Council has fully considered this matter and has:
A. Reviewed the agenda action sheet, staff report, notice and the information submitted herewith regarding the proposed increase, the parcels and customers to which the proposed fee increase would apply, and the reasons and basis for the increase and the fees; and
B. Provided notice of the proposed fee increase to the record owners and/or customers responsible for payment of the fee of all parcels to which the proposed fee increase would apply in accordance with Article XIIID of the California Constitution, the number of such owners and/or customers being approximately 2,750; and
C. Heard and received all objections, protests, or other written communications from any owners and/or customers of real property subject to the fee, and the number of such protests received orally or in writing being none; and D. Taken and received oral and documentary evidence pertaining to the proposed fee increase; and
E. Been fully informed of this matter.
Section 3. The Town Council determines that written protests have not been received from property owners representing a majority of the parcels subject to the proposed fee increases.
Section 4. Based on these facts and circumstances presented and the information received during the public hearing, the Town Council finds that proposed increases in refuse rates are necessary in order for Mammoth Disposal to account for significant, unanticipated cost increases in its operations and accordingly, the rate increases over the next five years which are set forth in Exhibit A are hereby approved.
Section 5. The approved refuse rate schedule over the next five years is attached hereto as Exhibit A and by this reference incorporated herein.
Section 6. The Town Council may adjust refuse rates from time to time by resolution over the period provided for in Exhibit A hereto pursuant to applicable law without a majority protest hearing but in no event shall the rates exceed the applicable maximum rate set forth in Exhibit A.
Resolution No. 22-XX
Section 7. Any resolution or portion thereof in conflict herewith relating to the increased refuse rates described herein is hereby repealed to the extent of such conflict and of no further effect to the extent of such conflict.
Section 8. The revised rates and charges approved and established herein shall take effect on January 1, 2023.
Section 9. The Town Clerk shall certify as to the adoption of this Resolution.
APPROVED AND ADOPTED this 7
th day of December 2022.
______________________
LYNDA SALCIDO, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk
Resolution No. 22-XX
Resolution No. 22-XX
TOWN OF MAMMOTH LAKES NOTICE OF PUBLIC HEARING
ON SOLID WASTE DISPOSAL CHARGES AND RATES
Notice is hereby given that the Mammoth Lakes Town Council will hold a public hearing on a proposed increase in rates and charges for solid waste disposal, recycling, and related services. The hearing will be held on December 7, 2022 at 4:00 pm or as soon thereafter as the matter may be heard, in the Mammoth Lakes Town Council Chamber, located upstairs in Suite Z at 437 Old Mammoth Road, Mammoth Lakes, CA 93546, and/or virtually online. All interested persons are invited to attend the public hearing. Any protest to the proposed fees must be presented in writing at, or before, the hearing.
The proposed rate increases are calculated to cover the current actual and estimated costs of solid waste disposal, recycling, and related services for the Town of Mammoth Lakes. Costs to be recovered are those for ongoing operations, new and replacement capital equipment, and disposal fees. The Town entered into a solid waste Franchise Agreement with Mammoth Disposal in October 2020, which established a base rate and rate increases of 5.6% per year from 2022 through 2026. Actual costs have increased at levels above the estimated amounts for operation of programs and services, solid waste collection, disposal, new facility construction, recycling, and implementation of new state mandates.
The rates and charges for services proposed for 2023 will increase by 9.6%. The residential solid waste rate for singlefamily home transfer station users will increase from $70.50 quarterly in 2022 to $77.30 in 2023 (rates are rounded to nearest 10 cents). The rates for duplexes and triplexes will increase from $143.90 and 210.10, respectively, to $157.70 and $230.30. Rates for optional curbside pickup for residential with one 96-gallon Bearsaver cart will increase from $146.20 to $160.20. The monthly charge for 2-cubic yard bin service collected two times a week will increase from $381.00 to $417.50. Rates for other residential and commercial services will also increase at the rate of 9.6%. From 2024 through 2026 rates and charges will increase a minimum 6.6% and a maximum of 9.6%. The rate includes the base increase of 5.6% plus a 1% to 4% increase based on the Consumer Price Index (CPI) as defined, for August of each year, effective the following January 1st. In 2027 new rates will only be increased a minimum 1% and maximum 4% based on CPI. The enclosed rate sheet provides details on the proposed rates for 2023 and the minimum and maximum rates per year through 2027.
A report describing the cost and operational details is available for public inspection in the Town Clerk’s office at Town Hall, 437 Old Mammoth Road, Suite 230, Mammoth Lakes, CA 93546. For questions, please call (760) 965-3603.
Members of the public are welcome to discuss the proposed rates and are encouraged to do so at the public hearing. Any property owner whose property is subject to the proposed increases to the rates for the solid waste services and any tenant directly responsible for the payment of such fees (i.e., a customer of record) may submit a written protest to the proposed rate increases; provided, however, only one protest will be counted per identified parcel. Any written protest must: (1) state that the identified property owner or tenant is in opposition to the proposed rate increases; (2) provide the location of the identified parcel (by assessor’s parcel number or street address); and (3) include the name and signature of the property owner or tenant submitting the protest. If the person submitting the written protest is the owner of record but was not shown on Mono County’s last equalized assessment roll as the property owner, that person must provide written evidence that the person is the property owner. Written protests may be submitted by mail or in person to the Town Clerk at the address shown above, at the public hearing (date and time noted above), or by email to [email protected] provided they are received prior to the conclusion of the public comment portion of the public hearing. If submitting a protest by mail, please provide sufficient time for it to arrive prior to the close of the public comment portion of the public hearing.
Identify on the front of the envelope for any protest, mailed or submitted in person to the Town Clerk, Attn: Public Hearing on Solid Waste Rate Increases.
The Town Council will consider all written protests and hear and consider all oral comments to the proposed rate increases and annual rate adjustments at the public hearing. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a written protest. Upon the conclusion of the public hearing, the Town Council will consider adoption of the rate increases to the Town’s solid waste service fees as described herein. If written protests against the proposed rate increases are not presented by a majority of the property owners, or tenants directly responsible for the payment of the solid waste service fees, of the identified parcels upon which the rates are proposed to be imposed, the Town Council will be authorized to impose the rate increases as outlined above. If adopted, the proposed rate increases will take effect beginning January 1, 2023.
Jamie Gray, Town Clerk
Date posted and mailed: October 21, 2022
1 TOWN COUNCIL STAFF REPORT
Title: Transit CFD No. 2013-3 Annexation No. 6.
Meeting Date: December 7, 2022
Prepared by: Amy Callanan, PE, Engineering Manager
RECOMMENDATION:
Adopt the attached two resolutionsto annex property into the Community Facilities District No. 2013-3 (Transit CFD) and declaring the results of the landowner election. Waive the first reading and introduce by title only the attached ordinance authorizing the levy of special taxes in Community Facilities District No. 2013-3.
BACKGROUND:
The Town has received a petition from a developer requesting the Town Council complete proceedings to annex the developer’s properties into the Mello-Roos Community Facilities District (CFD) 2013-3. The petition requests the Town finance services and improvements with a special tax levied against properties included in the District that allow transient occupancies. The properties include the Snowcreek 8 project. The properties do not currently hold an approved entitlement for units; however, the Snowcreek Master Plan Update allows for a maximum of 790 residential units, 250 hotel units, and 150 private residence club units. The annexation map has been recorded with Mono County as shown in Attachment 6. Town Council has previously adopted a resolution declaring its intention to annex the properties into the CFD and authorizing the levy of special taxes and setting the time and date for this public hearing. Properties are not subject to the tax until an occupancy permit for a qualified residential property has been issued.
Today’s annexation process involves:
a public hearing to consider adoption of a Resolution of Annexation; a special election of landowners. A minimum of 2/3 of votes in favor of annexation are required in order for annexation to proceed;
adoption of a Resolution declaring the election results; and introduction of an Ordinance levying special taxes.
ATTACHMENTS:
1. Order of Proceedings for Hearing and Subsequent Actions
2. Resolution Annexing Properties
3. Resolution Declaring Results of Landowner Election
4. Annexation Ordinance
2 5. Amendment No. 6 to Notice of Special Tax Lien
6. Annexation No. 6 Boundary Map
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 6
ORDER OF PROCEEDINGS FOR HEARING AND SUBSEQUENT ACTIONS The Mayor makes the following opening remarks:
“This is the time and place for the public hearing for the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) Annexation No. 6. The hearing is to inquire into the annexation of property into the District and the levy of special taxes for Town-wide transit services within or adjacent to the District. Before I formally open the hearing, are there any property owners or registered voters in the District or territory to be annexed who wish to file written protests? If so, they must be filed with the Town Clerk now.”
[Pause to see if there are any written protests.]
“The hearing is now open. We will first have presentations by staff about the annexation of territory to the District. After that, we will receive comments and questions and any oral protests from any interested persons. When all comments have been received the hearing will be closed.” Staff makes presentations.
Mayor asks for comments, questions and protests from audience.
When no more comments, Mayor closes the public hearing and says:
“The hearing is closed. We may now consider and adopt the Resolution Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of a Special Tax to Qualified Electors.” Mayor asks for comments, and questions from Council.
Council considers a motion to ADOPT:
1. A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors. (***Council Votes to adopt resolution)
Mayor then says:
“Will the Clerk please announce the result of the property owner vote?” Clerk announces result and completes the Canvass (attached to the Resolution below).
Mayor then says:
“The record shows that at least 2/3rds of the property owner votes are in favor of the annexation of territory and levy of the special tax. We may now proceed with the final actions for the annexation of territory to the District.”
Council considers a motion to ADOPT:
1. A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring Results of a Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the Sixth Amendment to Notice Special Tax Lien.
(***Council Votes to adopt resolution)
Council considers a motion to WAIVE FIRST READING AND INTRODUCE BY TITLE ONLY:
2. An Ordinance of the Town Council of the Town of Mammoth Lakes, State of California, Authorizing the Levy of Special Taxes in a Community Facilities District, Including Certain Annexation Territory.
(***Council Votes to introduce ordinance)
END OF ITEM
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, AUTHORIZING THE ANNEXATION OF
TERRITORY INTO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE
LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO
QUALIFIED ELECTORS
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 6
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the Town Council of the Town of Mammoth Lakes (the “Town”) previously conducted proceedings to establish the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “District”), and WHEREAS, this Town Council on November 2, 2022, adopted its Resolution No. 22-87 entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) stating its intention to annex the territory to the District pursuant to the Act; WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the District and stating the services to be funded by the District and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the Town Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein;
WHEREAS, on the date hereof, this Town Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; WHEREAS, prior to the closing of the hearing, no written or oral protests had been made against the proposed annexation of territory to the District by (i) any registered voter residing in the existing District, or (ii) any registered voter residing in the territory proposed to be annexed to the District, or (iii) any of the owners of land in the existing District, or (iv) any of the owners of land in the territory proposed to be annexed to the District; and
WHEREAS, Annexation Map No. 6 to the District has been filed with the County Recorder of the County of Mono, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the Town Clerk.
NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY RESOLVE as follows:
Resolution No. 22-
1. The foregoing recitals are true and correct.
2. All prior proceedings taken by this Town Council with respect to the District, prior annexations, and the proposed sixth annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act.
3. The boundaries of the territory to be annexed to the District, as set forth in the map entitled “Annexation Map No. 6 of Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services)“ on file with the Town Clerk and heretofore recorded in the Mono County Recorder’s Office on November 16 2022, in Book 2 at Page 87 of Maps of Assessment and as Document No. 2022004461 and Community Facilities Districts are hereby finally approved, are incorporated herein by this reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
4. The provisions of the Resolution of Intention are, by this reference incorporated herein, as if fully set forth herein.
5. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the qualified electors of the area to be annexed to the District at an election called therefor as hereinafter provided.
6. This Town Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this Town Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Town Council finds that the qualified electors for purposes of the annexation election are the landowners within the territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District.
7. This Town Council hereby calls a special election to consider the measure described in Section 5 above, which election shall be held in the meeting room of the Town Council immediately following adoption of this Resolution. The Town Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the Town Clerk has on file the Resolution of Intention, a certified map of the proposed boundaries of the territory to be annexed to the District, and a sufficient description to allow the Town Clerk to determine the boundaries of the territory to be annexed to the District.
8. The voted ballots shall be returned to the Town Clerk no later than immediately following the adoption of this Resolution; and when the qualified electors have voted the election shall be closed.
9. Pursuant to Section 53327 of the Act, the election shall be conducted by hand-delivered ballot pursuant to the California Elections Code.
Resolution No. 22-
10. This Town Council acknowledges that the Town Clerk has caused to be delivered to the qualified electors of the District a ballot in the form set forth in Exhibit “A” hereto. The ballot indicated the number of votes to be voted by each landowner.
11. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
12. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.
13. The Town Clerk shall accept the ballot of the qualified electors in the Town of Mammoth Lakes Town Council meeting room upon and prior to the adoption of this Resolution, whether the ballot is personally delivered or is received by mail. The Town Clerk shall have ballots available which may be marked by the qualified electors at said location on the election day.
14. This Town Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified electors of the territory to be annexed to the District. The ballots to be executed by the qualified electors of the area to be annexed to the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this Town Council finds and determines that, to the extent that the qualified elector submits its ballot, the qualified elector will have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments and will have thereby been fully protected in these proceedings. This Town Council also finds and determines that the Town Clerk has concurred in the shortened time for the election.
15. This Resolution shall take effect upon its adoption.
APPROVED AND ADOPTED this 7
th day of December 2022.
___________________________
LYNDA SALCIDO, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk
Resolution No. 22-
EXHIBIT A
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 6
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the Town Clerk of the Town of Mammoth Lakes no later than the hour of 4:00 p.m. on Wednesday, December 7, 2022, either by mail or in person. The Town Clerk’s office is located at 437 Old Mammoth Road, Suite 230, Town of Mammoth Lakes, California.
To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Town Clerk of the Town of Mammoth Lakes and obtain another.
The estimated maximum amount of money raised annually by this measure is expected to be $226,565, in 2022/23 special tax rates, upon full build out of the territory to be annexed to the District, based on the rate and duration of the special tax and subject to the tax escalation factor, as set forth in the rate and method of apportionment of special taxes for the District.
BALLOT MEASURE: Shall the Town of Mammoth Lakes, by and for its Community Facilities District No. 2013-3 (Transit Services) (the “District”), be authorized to levy special taxes within the territory annexed to the District pursuant to and as described in the Resolution of Intention to Annex Territory, adopted by the Town Council of the Town of Mammoth Lakes on November 2, 2022, and shall the annual appropriations limit of the District be increased by the amount of $226,565?
Yes: __________
No: __________
By execution in the space provided below, you also confirm your written waiver of any time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.
Number of Votes: 217
Property Owner: SNOWCREEK INVESTMENT COMPANY II LLC
By:
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL
ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING THE RECORDING OF THE SIXTH
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 6
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the Town Council of the Town of Mammoth Lakes (the “Town”) previously conducted proceedings to establish the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “District”), and WHEREAS, in proceedings conducted by this Town Council pursuant to the Act, this Town Council has adopted a Resolution entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors” (the “Resolution of Annexation”), which called for a special election of the qualified landowner electors in the territory of land proposed to be annexed to the District; and WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the Town Clerk has on file a Canvass and Statement of Results of Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and WHEREAS, this Town Council has been informed of the Canvass, finds it appropriate, and wishes to complete its proceedings for the annexation of territory into the District.
NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY RESOLVE as follows:
1. The foregoing recitals are true and correct.
2. The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this Town Council, all as described in Resolution No. 22-87, entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” adopted by this Town Council on November 2, 2022.
3. Pursuant to the Canvass on file with the Town Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the District by more than two-thirds (2/3) of the votes cast at the special election.
Resolution No. 22-
4. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of the District and this Town Council may levy special taxes therein as heretofore provided in these proceedings.
5. It is hereby found that all prior proceedings and actions taken by this Town Council with respect to the District, the prior annexations, and the territory annexed thereto were valid and in conformity with the Act.
6. Within 15 days of the date of adoption hereof, the Town Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Mono, a Sixth Amendment to Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code.
7. This Resolution shall take effect upon its adoption.
APPROVED AND ADOPTED this 7
th day of December 2022.
___________________________
LYNDA SALCIDO, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk
Resolution No. 22-
EXHIBIT A
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 6
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on December 7, 2022, I canvassed the returns of the election held on December 7, 2022, in the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services), Annexation No. 6 of the Town of Mammoth Lakes and the total number of ballots cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true, and correct:
Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
Town of Mammoth Lakes
Community Facilities District No. 2013-3
(Transit Services), Annexation No. 6
Special Tax Election, December 7, 2022 217 _____ _____ _____ BALLOT MEASURE: Shall the Town of Mammoth Lakes, by and for its Community Facilities District No. 2013-3 (Transit Services) (the “District”), be authorized to levy special taxes within the territory annexed to the District pursuant to and as described in the Resolution of Intention to Annex Territory, adopted by the Town Council of the Town of Mammoth Lakes on November 2, 2022, and shall the annual appropriations limit of the District be increased by the amount of $226,565?
Yes: __________
No: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on December 7, 2022.
By:
Town Clerk
Town of Mammoth Lakes
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES
IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN
ANNEXATION TERRITORY
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 6
WHEREAS, the Town of Mammoth Lakes (the “Town”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) to establish the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “District”) for the purpose of financing the costs of the services and maintenance related to the Town-wide transit system, and related appurtenances (the “Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District (the “Rate and Method”) is set forth in Exhibit B to the Town Council Resolution 13-20 entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, California, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), which was adopted on April 17, 2013; and WHEREAS, the Town has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the Town Council, on December 7, 2022, adopted a Resolution entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring the Results of Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the Sixth Amendment to Notice of Special Tax Lien.” NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY ORDAIN as follows:
1. The foregoing recitals are true and correct.
2. By the passage of this Ordinance, the Town Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in fiscal year 2013-14 pursuant to Ordinance No. 13-04 passed and adopted by the Town Council on May 1, 2013, and the special tax is hereby levied commencing in fiscal year 2022-23 in the District, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District.
1. The Town’s Finance Director, designee, employee, or consultant of the Town is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution of Formation.
Ordinance No. 22-
2. Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution of Formation.
3. All of the collections of the special tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the Town in administering the District, and the costs of collecting and administering the special tax.
4. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Town Council may provide for other appropriate methods of collection by resolution(s) of the Town Council. The Finance Director of the Town is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Mono in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Mono for fiscal year 2022-23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the Town.
5. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected.
6. The Mayor shall sign this Ordinance and the Town Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation for the Town.
7. This Ordinance takes effect upon its adoption.
INTRODUCED and first read on the 7
th day of December 2022; and PASSED AND ADOPTED this 21st day of December 2022.
___________________________
, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
Town Clerk
Town of Mammoth Lakes
437 Old Mammoth Road, Suite 230
Town of Mammoth Lakes, CA 93546
SIXTH AMENDMENT TO
NOTICE OF SPECIAL TAX LIEN
Town of Mammoth Lakes
Community Facilities District No. 2013-3
(Transit Services)
Annexation No. 6
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the California Government Code, the undersigned Town Clerk of the Town of Mammoth Lakes (the “Town”), County of Mono, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the Town Council of the Town, on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of services described in, and said special tax is to be levied according to the rate and method of apportionment set forth in, that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Mono, State of California on May 6, 2013, at the hour of 4:20 o’clock p.m. as Document No. 2013002538, to which recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated herein in full by this reference.
This Sixth Amendment to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) the lands set forth in that certain “Annexation Map No. 6 of the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services), County of Mono, State of California,” heretofore recorded on November 16, 2022, in Book 2 at Page 87 of Maps of Assessment and as Document No. 2022004461 and Community Facilities Districts in the office of the County Recorder of the County of Mono, State of California.
The assessor’s parcel numbers of all parcels or any portion thereof which are included in this Sixth Amendment to Notice of Special Tax Lien, together with the names of the owners thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the Town are as set forth in Exhibit A hereto and hereby made a part hereof.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the Town of Mammoth Lakes, 437 Old Mammoth Road, Mammoth Lakes, California 93546; telephone number (760) 965-3660.
Dated: As of ____________, 2022
By: ________________________________
Jamie Gray, Town Clerk
Town of Mammoth Lakes
Exhibit A
EXHIBIT A
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 6
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND WITHIN DISTRICT Assessor’s
Parcel Numbers Name of Property Owner
040-070-010-000 SNOWCREEK INVESTMENT COMPANY II LLC
040-070-011-000 SNOWCREEK INVESTMENT COMPANY II LLC
040-070-012-000 SNOWCREEK INVESTMENT COMPANY II LLC
040-070-013-000 SNOWCREEK INVESTMENT COMPANY II LLC
040-070-023-000 SNOWCREEK INVESTMENT COMPANY II LLC
040-140-004-000 SNOWCREEK INVESTMENT COMPANY II LLC
040-140-005-000 SNOWCREEK INVESTMENT COMPANY II LLC
ANNEXATION MAP NO. 6 OF
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
FILEDINT HEOFFICEOFT HET OWNCLERKOFT HET OWNOFMAMMOT HLAKEST HIS________DAYOF______, 2022.
____________________________
T OWNCLERK
T OWNOFMAMMOT HLAKES
MONOCOUNT Y,CALIFORNIA
IHEREBYCERT IFYT HAT T HEWIT HINMAPSHOWINGT HEPROPOSEDBOUNDARIESOFANNEXAT IONNO.6T OT HE T OWN OF MAMMOT H LAKES COMMUNIT Y FACILIT IES DIST RICT NO.2013-3 (T RANSIT SERVICES),T OWN OF
MAMMOT HLAKES,COUNT YOFMONO,ST AT EOFCALIFORNIA,WASAPPROVEDBYT HET OWNCOUNCILOFT HE T OWNOFMAMMOT HLAKES,AT AMEET INGT HEREOF,HELDONT HE________DAYOF__________,2022,BYIT S RESOLUT IONNO.____________________.
____________________________
T OWNCLERK
T OWNOFMAMMOT HLAKES
MONOCOUNT Y,CALIFORNIA
FILEDT HIS________DAYOF__________,2022,AT T HEHOUROF________O’CLOCK___M,INBOOK________OF MAPSOFASSESSMENT ANDCOMMUNIT YFACILIT IESDIST RICT SAT PAGE_______INT HEOFFICEOFT HECOUNT Y RECORDEROFT HECOUNT YOFMONO,ST AT EOFCALIFORNIA.
____________________________
COUNT YRECORDER
COUNT YOFMONO,CALIFORNIA
FORPART ICULARSOFT HELINESANDDIMENSIONSOFASSESSORPARCELS,REFERENCEISMADET OT HEMAPS OFT HEASSESSOR,COUNT YOFMONO,ST AT EOFCALIFORNIA.
REFERENCEISHEREBYMADET OT HAT CERT AINMAPENT IT LED“MAPOFPROPOSEDBOUNDARIESOFT OWNOF MAMMOT HLAKESCOMMUNIT YFACILIT IESDIST RICT NO.2013-3,T OWNOFMAMMOT HLAKES,COUNT YOFMONO, ST AT E OFCALIFORNIA” FILED T HE 21ST DAY OFMARCH,2013,IN BOOK 2OFMAPS OFASSESSMENT AND COMMUNIT YFACILIT IESDIST RICT SAT PAGE76INT HEOFFICEOFT HECOUNT YRECORDERFORT HECOUNT YOF MONO,ST AT EOFCALIFORNIA,WHICHT HISANNEXAT IONMAPAFFECT S.
TOWN OF MAMMOTH LAKES
COUNTY OF MONO
STATE OF CALIFORNIA
Minaret Road
040-140-004-000
040-070-023-000
040-070-011-000
040-140-005-000
040-070-010-000
04 0
-
0 7
0 -
0 1
3 -
0 0
0 040-070-012-000
Sheet 1 of 1
Source: Mono County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California III FIPS 0403 Feet ¬«203
Minaret Rd
Meridian Blvd
Main St
Old Mammoth Rd
T OW N OF MAMMOT H LAKES
SS II TT EE
Legend
An n exation Boun d ary
An n exation Parc els
Surroun d in gAreaParc els
O
0 200 400 800Feet
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
Meeting Date: December 7, 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
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,
2022 California Existing Building Code,
2022 California Historical Building Code,
2 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.
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.
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.
3 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.
OPTIONS ANALYSIS
Option 1: 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.
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.
ENVIRONMENTAL CONSIDERATIONS:
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
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.
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Adopt the resolution reciting the fact of the Municipal Election held on November 8, 2022, declaring the result and such other matters as provided by law, including administration of the oath of office to newly elected Councilmembers.
Council Meeting Date: December 7, 2022
Prepared by: Jamie Gray, Town Clerk
Recommended Motion: Adopt the resolution reciting the fact of the Municipal Election held on November 8, 2022, declaring the result and such other matters as provided by law, including administration of the oath of office to newly elected Councilmembers.
Summary:
The California Elections Code establishes regulations and procedures pertaining to Municipal Elections. On November 8, 2022, a Municipal Election was held in the Town of Mammoth Lakes to elect three members of the Town Council. Pursuant to State law, the Council adopted Resolutions 22-23 and 22-24 calling and giving notice of the election and requesting that the Mono County Board of Supervisors consolidate the election. These resolutions authorized the County to conduct the election on behalf of the Town and to canvass the result. Elections Code Section 15372 allows the County 28 days in which to complete the canvass. Once the County has canvassed the election and provided an official “Statement of Results” to the Town Clerk, the Council may meet and adopt a resolution to declare the results pursuant to Section 15400, incorporating the “Statement of Results” into the Resolution as “Exhibit A.” The resolution and exhibit are attached for Town Council approval.
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Appointment of Mayor and Mayor Pro Tem.
Council Meeting Date: 12/07/2022
Prepared by: Jamie Gray, Town Clerk
Recommended Motion: Appoint a Mayor and then appoint a Mayor Pro Tem.
Background Information: Annually, typically at the first meeting in December, the Town Council meets and chooses one of its number as Mayor and one as Mayor Pro Tempore. The Council has the authority to use any method it wishes to select a Mayor and Mayor Pro Tem.
Agenda Item ________
File No. ____________
AGENDA BILL
Subject: Councilmember Reports
Initiated by: Jamie Gray
______________________________________________________________________ BACKGROUND:
Each member of the Town Council is appointed to serve as a Town representative to a number of committees, commissions, and organizations.
These groups meet infrequently and from time to time the representatives will report to the rest of the Council at a regularly scheduled meeting.
In addition, Councilmembers on occasion participate in meetings, conferences and seminars, and their reports on these educational opportunities are of benefit to the rest of the Council.
ANALYSIS/DISCUSSION:
California Government Code requirements pertaining to the open meeting act stipulate that all items for discussion must be listed on the agenda before the matter can be discussed and/or acted upon. To meet this requirement, and the intent of the Brown Act, Councilmember Reports are listed on each agenda to allow representatives to report to the rest of the Council at these meetings.
The following is a list of the commission/committees on which members of the Council serve:
Land Use:
Local Agency Formation Commission (LAFCO) – Rea, Stapp, and Salcido as alternate
Airport Land Use Commission – Stapp and Rea
Mono County Collaborative Planning Team (CPT) – Salcido and Rea as alternate Intergovernmental Relations:
Town and County Liaison Committee – Stapp, Salcido, and Town Manager and Rea as alternate
Desert Mountain Division of the League of California Cities – Sauser and Town Manager as alternate
Eastern Sierra Council of Governments (ESCOG) – Salcido, Wentworth, and Sauser as alternate
Great Basin Unified Air Pollution Control District – Wentworth and Stapp as alternate
League of California Cities City Voting Delegate – Sauser and the Town Manager as the alternate
California Joint Powers Insurance Authority Board – Rea and Assistant to the Town Manager as alternate
Transportation:
Local Transportation Commission (LTC) – Wentworth, Sauser, and Paul Chang; Town Manager as alternate
Eastern Sierra Transit Authority (ESTA) Board – Stapp and Sauser Local Issues:
Mammoth Lakes Tourism (MLT) Board – Sauser
Mammoth Lakes Recreation (MLR) Board – Rea
Mammoth Lakes Housing (MLH) Board – Stapp
Treasury Oversight Committee – Stapp; Town Manager and Finance Director as alternates
LEGAL CONSIDERATIONS:
According to the California Open Meeting Act, commonly referred to as the Brown Act, the agenda must reflect every matter to be discussed by a governing body.
RECOMMENDATION(S):
This agenda bill is submitted for information only.