Town Council Agenda
Wednesday, December 21, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice
NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (760) 965-3602. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 13.102-35.104 ADA Title II)
NOTE: Materials related to an item on this agenda submitted after distribution of the agenda packet are available for public inspection in the Town Offices located at 437 Old Mammoth Road, Suite 230 during normal business hours. Such documents are also available on the Town of Mammoth Lakes website at www.townofmammothlakes.ca.gov subject to staff’s ability to post the documents before the meeting.
NOTE: All comments will be limited to a speaking time of five minutes.
NOTE: This meeting will be conducted pursuant to the provisions of Assembly Bill 361 which amends certain requirements of the Ralph M. Brown Act. While Suite Z is still open to the public, it is strongly encouraged that you watch the Town Council meetings on the Town of Mammoth Lakes' website at www.townofmammothlakes.ca.gov , on the local government cable channel 18, or via Zoom. Public comments can be submitted to the Town Clerk at [email protected]. before and during the meeting.
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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENTS
The Public Comment portion of the agenda provides the public with an opportunity to address the Town Council on matters not otherwise listed on the agenda. Under California law the Town Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the Town Council may briefly respond to comments or questions from members of the public. Therefore, the Town Council will listen to all public comment, but will not generally discuss the matter or take action on it. Requests for service from the Town may also be made at the Town offices during regular business hours.
Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration.
4. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED)
6. INTRODUCTIONS
6.1 Introduce new Public Works Maintenance Worker Lucas Murphy.
7. CONSENT AGENDA
7.1 Approve the minutes of the special meeting of December 6, 2022.
7.2 Approve the minutes of the regular meeting of December 7, 2022.
7.3 Waive the reading and adopt by title only the Ordinance authorizing the levy of special taxes in a Community Facilities District, including certain annexation territories.
7.4 Accept Check Register 11/30/22 in the amount of $101,680.46. Accept Check Register 12/08/2022 in the amount of $739,209.48.
8. POLICY MATTERS
8.1 Adopt a resolution approving the Fiscal Year 21-22 Development Impact Fee Report and making findings that there remains a reasonable relationship for that fee program.
9. COUNCILMEMBER REPORTS
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities
10. CLOSED SESSION
10.1 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph 1 of subdivision (d) of Section 54956.9) Name of case: Main Street Taxpayer Association v. Town of Mammoth Lakes.
11. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
12. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, January 4, 2023 at 4:00 p.m.
Town Council of Mammoth Lakes
Minutes of Special Meeting
December 6, 2022, 5:30 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser,
Councilmember Kirk Stapp
_____________________________________________________________________
1. CALL TO ORDER
The Mayor called the meeting to order at 5:30 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.
2. PLEDGE OF ALLEGIANCE
Daniel C. Holler led the flag salute.
3. PUBLIC COMMENTS
There were no public comments given at this time.
4. CLOSED SESSION
4.1 Pursuant to Government Code Section 54957, the Council will hold a conference to consider evaluation of a public employee: Town Manager.
At 5:31 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.
Town Council Minutes
December 6, 2022
5. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 6:55 p.m. and announced that there was no reportable action taken.
6. ADJOURNMENT
The Council adjourned the meeting at 6:55 p.m.
Jamie Gray, Town Clerk
Town Council of Mammoth Lakes
Minutes of Regular Meeting
December 7, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser,
Councilmember Kirk Stapp
_____________________________________________________________________
1. CALL TO ORDER
The Mayor called the meeting to order at 4:05 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.
2. PLEDGE OF ALLEGIANCE
Councilmember Sauser led the flag salute.
3. PUBLIC COMMENTS
Charlie, The Sheet, asked questions about the snow pit agreement with the Forest Service. Town Manager Daniel C. Holler responded to Charlie's questions.
Sandy Hogan, speaking on behalf of Yosemite Area Regional Transportation System (YARTS), gave an update regarding the recent YARTS meeting and requested funding from the Council to support YARTS.
Town Council Minutes
December 7, 2022
4. ADDITIONS TO THE AGENDA
Town Manager Daniel C. Holler reported that an urgency item needed to be added for a closed session regarding existing litigation.
It was moved by Mayor Lynda Salcido, seconded by Councilmember Bill Sauser, and carried by a 5-0 vote that, pursuant to Government Code Section 54954.2b2, the Council hereby determines that there is a need to take immediate action and that the need for action came to the attention of the Town subsequent to the agenda being posted as specified in subdivision a, said item being:
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph 1 of subdivision (d) of Section 54956.9)
Name of case: Main Street Taxpayer Association v. Town of Mammoth Lakes
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Lara Kaylor, Mammoth Lakes Tourism (MLT) Director of Communications, gave an update regarding current MLT activities.
Mayor Salcido noted that a work program accomplishments handout was available. She reported on the Town Manager evaluation special meeting held last night.
Office of Outdoor Recreation Manager Lawson Reif gave an update regarding current outdoor recreation activities. There was discussion among members of Council and staff.
Parks and Recreation Director Stuart Brown gave an update regarding current parks and recreation activities.
5.1 Did you Know? Air Service.
Administrative Services/Finance Director Rob Patterson gave an update regarding air service and outlined the information in the Did You Know? piece. There was discussion among members of Council and staff.
5.2 December 2023 Public Works Engineering Update.
6. CONSENT AGENDA
Moved by Councilmember Bill Sauser
Seconded by Mayor Pro Tem John Wentworth
Approve the Consent Agenda.
Town Council Minutes
December 7, 2022
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp Carried (5 to 0)
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
7.1 Consider Adoption of a Resolution Approving the Solid Waste Disposal Charges and Rates for January 1, 2023 through December 31, 2027
The Mayor opened the public hearing at 4:46 p.m.
Assistant to the Town Manager Pam Kobylarz outlined the information in the staff report and noted that no correspondence had been received from the public against the rate increase. There was discussion among members of Council and staff.
Town Council Minutes
December 7, 2022
Mike Smith, Mammoth Disposal, answered questions about hauling trash out of state. He spoke about their cost increases and the request for the rate increase. There was discussion among members of Council, staff, and Mr. Smith.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 5:11 p.m.
Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Bill Sauser
Adopt a Resolution Approving the Solid Waste Disposal Charges and Rates for January 1, 2023 through December 31, 2027.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
7.2 Transit CFD No. 2013-3 Annexation No. 6.
The Mayor opened the public hearing at 5:15 p.m.
Town Manager Daniel C. Holler outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 5:17 p.m.
Moved by Mayor Lynda Salcido
Seconded by Mayor Pro Tem John Wentworth
Approve the resolution authorizing the annexation of territory into Community Facilities District No. 2013-3 (Transit Services), authorizing the levy of a special tax, and submitting the levy of special tax to qualified electors.
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
December 7, 2022
Town Clerk Jamie Gray opened the ballot and announced the results of the election.
Moved by Mayor Lynda Salcido
Seconded by Councilmember Bill Sauser
Adopt the resolution declaring the results of a special annexation landowner election, determining the validity of prior proceedings, and directing the recording of the sixth amendment to notice of special tax lien.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
Moved by Mayor Lynda Salcido
Seconded by Mayor Pro Tem John Wentworth
Waive the reading and introduce by title only the ordinance authorizing the levy of special taxes in Community Facilities District No. 2013-3 (Transit Services), including certain annexation territory.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
7.3 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.
The Mayor opened the public hearing at 5:21 p.m.
Town Manager Daniel C. Holler and Building Official Tom Perry outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 5:25 p.m.
The Mayor called a recess at 5:27 p.m. and the Council reconvened at 5:38 p.m.
Town Council Minutes
December 7, 2022
Moved by Councilmember Bill Sauser
Seconded by Mayor Pro Tem John Wentworth
Approve Option 1 and waive the full reading and adopt 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
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. COUNCIL PRESENTATION
8.1 Recognition of Mayor's Spirit of Mammoth Award.
Mayor Salcido presented the Mayor's Spirit of Mammoth Award to the employees of the Town of Mammoth Lakes.
8.2 Recognition of outgoing Councilmember Kirk Stapp.
Members of the Council, staff, and the public thanked Councilmember Stapp for his service.
8.3 Recognition of outgoing Mayor Lynda Salcido.
Members of the Council, staff, and the public thanked Mayor Salcido for her service.
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.
Town Council Minutes
December 7, 2022
Town Clerk Jamie Gray administered the oath of office to the newly elected members of the Town Council.
Moved by Mayor Lynda Salcido
Seconded by Councilmember Bill Sauser
Adopt the resolution reciting the fact of the General Municipal Election held on November 8, 2022, declaring the result, and such other matters as provided by law.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
9.2 Appointment of Mayor and Mayor Pro Tem.
Town Clerk Jamie Gray asked the Council for a motion to appoint a Mayor.
Moved by Councilmember Bill Sauser
Seconded by Councilmember Sarah Rea
Appoint Mayor Pro Tem Wentworth as the Mayor.
For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
Moved by Mayor Pro Tem John Wentworth
Seconded by Councilmember Sarah Rea
Appoint Councilmember Sauser as the Mayor Pro Tem.
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
December 7, 2022
10. COUNCILMEMBER REPORTS
There were no reports given at this time.
URGENCY ITEM CLOSED SESSION
At 6:09 p.m. the Mayor announced that the Town Council would be entering into closed session to discuss the following:
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph 1 of subdivision (d) of Section 54956.9)
Name of case: Main Street Taxpayer Association v. Town of Mammoth Lakes
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
The Council reconvened from closed session at 6:37 p.m. and announced that direction was given to the Town Attorney to defend the Town in the litigation noted in the closed session item.
11. ADJOURNMENT
The Council adjourned the meeting at 6:37 p.m.
Jamie Gray, Town Clerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Waive the second reading and adopt by title only the Ordinance authorizing the levy of special taxes in Community Facilities District No. 2013-3 (Transit Services), including certain annexation territories.
Council Meeting Date: 12/21/2022
Prepared by: Amy Callanan, PE, Engineering Manager
Recommended Motion: Waive the second reading and adopt by title only the Ordinance authorizing the levy of special taxes in Community Facilities District No. 2013-3 (Transit Services), including certain annexation territories.
Summary: On December 7, 2022, the Town Council conducted proceedings to annex territory into the District, including an election of the qualified electors in the territory proposed for annexation. The Town Council adopted a resolution declaring the results of the election and directed the recording of this amendment to the Notice of Special Tax Lien. Town Council then waived the first reading and introduced by title only this Ordinance authorizing the levy of special taxes in a Community Facilities District, including certain annexation territories. There were no changes to the Ordinance during the meeting.
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.
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.
___________________________
LYNDA SALCIDO, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk
1 TOWN COUNCIL STAFF REPORT
Title: Adopt a resolution approving the Fiscal Year 21-22 Development Impact Fee Report and making findings that there remains a reasonable relationship for that fee program.
Meeting Date: December 21, 2022
Prepared by: Rob Patterson, Administrative Services / Finance Director RECOMMENDATION:
Adopt the Resolution Approving the FY21-22 Development Impact Fee Report and Making Findings that there remains a reasonable relationship for the Development Impact Fee Program
BACKGROUND:
In 1989, Section 66000 et seq. of the Government Code became effective. When passed in 1987, this section was known as AB 1600. When the Legislature passed AB 1600, it added a new chapter to the Government Code on fees for development projects. The chapter sets forth a number of requirements that local agencies must follow if they are to exact fees from developers to defray the cost of construction of public facilities related to development projects. Section 66006 mandates the reporting requirements on fees that the local agency must adhere to each fiscal year. Through the General Plan and fee studies, the Town of Mammoth Lakes has established the nexus between development, the capital improvements necessary to mitigate the effects of development, and approved fees to fund the mitigation measures.
On July 1, 2015, the Town Council reviewed an updated Development Impact Fee Study prepared by TischlerBise, conducted a Public Hearing and, after receiving public testimony and considering available information, approved the Development Impact Study and adopted the Resolution approving the updated Development Impact Fees. Updated project categories included:
Police Department
Vehicle Circulation System
Multi-Modal Circulation System
Storm Drain System
General Facilities, Vehicles, and Equipment
Parks and Recreation Facilities
No fee is recommended for the Airport
2 In FY21-22, the Town started a comprehensive update to the Development Impact Fee Study. This study is expected to be completed in FY22-23 and will further inform needs and structure of future fees. Similar to the adoption of the study in 2015, Staff will bring the report before Town Council for a Public Hearing to receive public testimony on the Development Fee Study prior to final adoption.
With each development during each fiscal year, the Town collected certain developer fees that are subject to the reporting requirement. The Town also collects fees as part of the building permit for Special Districts including the Mono County Office of Education for Library and Child Care Funds and for the Mammoth Lakes Fire Protection District for Fire Facilities. Funds collected for these two Special Districts are passed through when requested. Attention should be directed to the Special District regarding the specific use of the funds.
ANALYSIS:
The California Government Code Section 66006 requires local agencies to annually report certain financial information related to capital funds that were established to track fees charged in connection with the approval of a development project. The information which is required by the fee, the beginning and ending balance of the fund, the amount of the fees collected and the interest earned, an identification and amount of each public improvement on which fees were expended, the total percentage of the project funded by that fee, the approximate date by which the construction of the public improvement will commence (if financed), a description of each inter-fund transfer or loan including the project to be funded with the loan and the approximate date of repayment, and any refunds made to developers pursuant to the Code. This information is included in the attached report.
The attached Resolution includes necessary language for approval of the report and to make the necessary findings.
ENVIRONMENTAL CONSIDERATIONS:
The proposed approval of the Development Impact Fee Report is not a project as defined by CEQA Section 21065 and State CEQA Guidelines Section 15378)b)(4), as it relates to a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially physical impact on the environment.
LEGAL CONSIDERATIONS:
The Development Impact Fee Report, capital projects, and fees have been reviewed and prepared in accordance with Federal and State law. A review of existing environmental documents was also completed, and the proposed Development Impact Fee Program will not impact mitigation requirements.
Town of Mammoth Lakes
FISCAL YEAR 21-22
ANNUAL AB 1600 REPORT
DEVELOPMENT IMPACT MITIGATION FEES
ON NEW DEVELOPMENT WITHIN THE
TOWN OF MAMMOTH LAKES
Prepared by: Public Works and Finance Departments
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Background
In 1989, Section 66000 et seq. of the Government Code became effective. When passed in 1987, this section was known as AB 1600. When the Legislature passed AB 1600, it added a new chapter to the Government Code on fees for development projects. The chapter sets forth several requirements that local agencies must follow if they are to exact fees from developers to defray the cost of construction of public facilities related to development projects. Section 66006 mandates the reporting requirements on fees that the local agency must adhere to each fiscal year. Through the General Plan and fee studies, the Town of Mammoth Lakes has established the nexus between development, the capital improvements necessary to mitigate the effects of development, and approved fees to fund the mitigation measures.
Compliance with Developer Fees Reporting Requirements of Section 66006 of the Government Code
With each development during the previous fiscal year, the Town collected certain developer fees that are subject to the reporting requirement. These developer fees are the Administration Fund, Police Impact Fund, Vehicle Circulation Impact Fund, MultiModal Circulation Impact Fund, Storm Drainage Impact Fund, General Facilities and Equipment Impact Fund, Parkland & Recreation Impact Fund, Airport Fund, Mono County Office of Education Library Impact Fund, Mono County Office of Education Child Care Impact Fund, and Fire Facilities Impact Fund. Funds collected for the two Special Districts are passed through when requested. Attention should be directed to the Special District regarding the specific use of the funds.
There are eight reporting requirements on fees that the local agency must adhere to each fiscal year:
1. Create separate capital facilities funds or accounts for each improvement funded with impact fees (Government Code Section 66006(a)).
2. Remit all interest income earned by the fees to the same fund; interest income must be spent solely on the purpose for which the fee was originally collected (Section 66006(a)).
3. Within 180 days after the close of each fiscal year, prepare a public report concerning each impact fee fund. Such report must include the fund's beginning and ending balance for the fiscal year, amount of fees and interest deposited into the fund for the fiscal year, and a description of each expenditure from the fund for that year, including identification of the improvement being funded (Section 66006(b)).
4. Review the report at a public meeting not less than 15 days after the report is released to the public (Section 66006(b)(2)).
5. If fees remain unexpended or uncommitted five years after being collected, the local agency is to make a finding that there remains a reasonable relationship between the current need for the fees and the purposes for which they were originally collected (Section 66001 (d)).
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6. Refund to current owner of lots, units, or developed projects any fees, with accrued interest, for which continued need cannot be demonstrated (Section 6600 1 (e)).
7. A local agency must not commingle fees with any other revenue, except for temporary investment purposes (Section 66006(a)).
8. A local agency may not spend impact fees for maintenance or operation of improvements funded with impact fees (Section 65913.8).
The Town is in compliance with the requirements. A Capital Improvement Program was prepared each year and funds expended are shown in this report. Financial information was also available from the Town financial system.
This year the Town will need to adopt a resolution regarding the funds because AB 1600 requires expenditures or commitment of funds within five years of their collection.
Although AB 1600 requires that fees collected from developers be expended within five years, the law, as noted previously, also allows exceptions. Exceptions are provided in recognition that some project costs can be of a magnitude that it takes more than five years to accrue adequate funds; or matching funds may not be available within the fiveyear period.
On July 1, 2015, the Town Council reviewed an updated Development Impact Fee Study prepared by TischlerBise, conducted a Public Hearing and, after receiving public testimony and considering available information, approved the Development Impact Study and adopted the Resolution approving the updated Development Impact Fees.
Updated project categories included:
Police Department
Vehicle Circulation System
Multi-Modal Circulation System
Storm Drain System
General Facilities, Vehicles and Equipment
Parks and Recreation Facilities
No fee is recommended for the Airport
The California Government Code Section 66006 requires local agencies to annually report certain financial information related to capital funds that were established to track fees charged in connection with the approval of a development project. The information which is required by the fee, the beginning and ending balance of the fund, the amount of the fees collected and the interest earned, an identification and amount of each public improvement on which fees were expended, the total percentage of the project funded by that fee, the approximate date by which the construction of the public improvement will commence (if financed), a description of each inter-fund transfer or loan including the project to be funded with the loan and the approximate date of repayment, and any refunds made to developers pursuant to the Code. This information is
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included in this report.
In FY22-23, the Town will be completing a comprehensive update of the 2015 Development Impact Fee Study. In preparation for this new study, the Town is updating its processes around long-range capital improvement plans and incorporating them into the annual process. The Town has made similar improvements to the 5-year CIP
There were no refunds of Development Impact Fees during the past four years.
Total project costs are based on the most recently adopted Development Impact Fee Justification Study Report.
The Administrative Overhead fee established in Resolution 98-06 is 4% of all fees collected. The amount in the remaining Capital Funds were insufficient at year end to fund any significant improvements. Previous loans from the Town’s Vehicle Replacement Fund made to cover fund shortfalls in the Capital funds have been written off.
On July 1, 2015, Town Council adopted an updated Development Impact Fee Study as a comprehensive update to previous studies. That study provided an updated framework and methodology and led to the establishment of updated Development Impact Fees.
TischlerBise and Town staff, in preparing the updated study:
Reviewed available information regarding the previous DIF Study (2007) and amendments.
Reviewed the previous Town Master Facilities Plan.
Discussed development and planning changes since 2007. Determined information required to complete the update. Staff provided Mr. Bise with detail regarding housing, development and planning issues that have changed since 2007.
Staff contacted other agencies to determine their interest in participating in this effort.
Staff reviewed the previous Master Facilities Plan in an effort to establish a clear understanding of foreseeable Town needs.
Staff TischlerBise have reviewed available methodologies for calculation of the updated DIF to determine the method most applicable to the Town. Staff has met with TischlerBise and various interested parties in Town to obtain input and to provide an update.
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Description of the type of Development Impact Fee for each Fund Category:
Administrative Overhead Fund is for payment of the actual or estimated costs of administering the provisions of this article and any resolutions adopted pursuant hereto, all consistent with the provisions of the Development Impact Mitigation Fee Chapter.
Police Fund is for payment of the actual or estimated costs of law enforcement facilities improvements, including any required acquisition of land, and for the actual or estimated costs of acquiring vehicles or equipment.
Vehicle Circulation Fund is for payment of the actual or estimated costs of the design, upgrading, or improvement of the vehicular circulation network including any required acquisition of land.
Multi-Modal Circulation Fund is for payment of the actual or estimated costs of the design, upgrading, or improvement of the non-vehicular circulation and vehicular parking network including any required acquisition of land.
Storm Drainage Fund is for construction of drainage facilities from impacts of increased lot coverage and runoff from new development as provided for in the 2015 Storm Water Master Plan.
General Facility Fund is for payment of the actual or estimated costs of general facilities improvements, including public meeting facilities, any required acquisition of land, and for the actual or estimated costs of acquiring vehicles or equipment.
Parkland and Recreation Facilities is for payment of the actual or estimated costs of constructing and improving parks and recreation facilities, including any required acquisition of land, as well as grading, irrigation, and landscaping costs associated therewith.
Airport Improvement Fund is for payment or estimated costs of airport improvement costs including any required acquisition of land, improvements, and equipment benefiting the municipal airport.
Mono County Office of Education Facilities is for the payment of the actual or estimated costs of construction and improving library facilities, acquiring books, and providing childcare facilities, including any required acquisition of land.
Mammoth Lakes Fire Protection District Fire Suppression Facilities, Vehicle, and Equipment Fund is for payment of the actual or estimated costs of fire facilities improvements, including any required acquisition of land, and for the actual or estimated costs of acquiring vehicles or equipment.
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DEVELOPMENT IMPACT FEES
Refer to the Municipal Code and authorizing Resolutions for Details As Updated July 1, 2015, Effective August 31, 2015
Facility Single Family
(Per Unit)
Mobile
Home (Per
Unit)
Multi-Unit
(Per Unit)
Lodging
(Per Room)
Commercial
(Per Square
Foot)
Offices & Other
Services (Per
Square Foot)
Industrial (Per
Square Foot)
Institutional
(Per Square
Foot)
Police $150 $128 $156 $301 $1.04 $0.41 $0.26 $0.57
Vehicle
Circulation
$265 $139 $184 $166 $0.58 $0.21 $0.15 $0.31
Multi-Modal
Circulation
$1,389 $727 $969 $871 $3.01 $1.17 $0.74 $1.65
Storm Drainage $845 $459 $586 $438 $0.08 $0.08 $0.27 $0.33 General
Facilities &
Equipment
$707 $602 $739 $432 $0.66 $0.66 $0.27 $0.36
Parkland and
Recreation
$713 $607 $746 $533 $0.00 $0.00 $0.00 $0.00
Airport $0 $0 $0 $0 $0.00 $0.00 $0.00 $0.00
Subtotal Town
Fees
$4,069 $2,661 $3,380 $2,740 $5.37 $2.55 $1.70 $3.21
Development Impact Fee for Other Districts
Facility Single family
Non-transient
Single
family
Transient
Mobile
Home
Multi-unit Non
Transient
Multi-Unit
Transient
Commercial and
Office
Industrial
Library Fees $2,001 $340 $1,721 $1,721 $340 -
-
Child Care Fees $374 $624 $374 $374 $624 -
-
Fire District Fees $1,526 $2,014 $1,526 $961 $2,014 $2,610 $1,007 Subtotal Other
Fees
$3,901 $2,978 $3,621 $3,056 $2,978 $2,610 $1,007
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RESOLUTION NO. 22-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
APPROVING THE FISCAL YEAR 21-22 DEVELOPMENT IMPACT FEE
REPORT AND MAKING FINDINGS THAT THERE REMAINS A
REASONABLE RELATIONSHIP FOR THE FEE PROGRAM
WHEREAS, The Town of Mammoth Lakes imposes fees to mitigate the impact of development pursuant to Government Code sections 66000 et seq.; and WHEREAS, the Town maintains separate accounts for Administration, Police, Vehicle Circulation, Multi-Modal Circulation, Storm Drainage, General Facilities and Equipment, Parkland & Recreation, Airport, Mono County Office of Education Library, Mono County Office of Education Child Care, and Fire Facilities; and WHEREAS, the Town is required within 180 days after the last day of each fiscal year to make available to the public information for the fiscal year regarding these fees under Government Code section 66006; and
WHEREAS, Town staff has prepared a report that contains the information required by Government Code section 66006, a copy of which is attached hereto as Attachment “A”; and
WHEREAS, the Administration Fund, General Facilities Impact Fund, Law Enforcement Impact Fund, Storm Drain Impact Fund, and Circulation Impact Fund previously had a negative balance as the Town General Fund had loaned them funds from the Vehicle Replacement Fund for projects constructed prior to the 2010/11 fiscal year and those inter-fund loans were written off in FY 2015/16 and there currently are no inter-fund transfers; and
WHEREAS, the Circulation Impact Fund was revised in 2015 to reflect two funds, the Vehicle Circulation Fund and Multi-Modal Circulation Fund; and WHEREAS, the Airport Fund was revised in 2015 to indicate no further collection of fees; and
WHEREAS, the Mono County Office of Education Impact Fund was revised in 2015 to reflect two funds, the Mono County Office of Education Library Impact Fund, and the Mono County Office of Education Impact Fund; and
WHEREAS, there were no refunds of development impact fees collected pursuant to Government Code 66001(e); and
Resolution No. 22-
WHEREAS, no interested persons have requested notice of the AB 1600 Report; consequently, no notices of the availability of the AB1600 Report were mailed; and WHEREAS, the Administration Fund, Police Impact Fund, Vehicle Circulation Impact Fund, Multi-Modal Circulation Impact Fund, Storm Drainage Impact Fund, General Facilities and Equipment Impact Fund, Parkland & Recreation Impact Fund, Airport Fund, Mono County Office of Education Library Impact Fund, Mono County Office of Education Child Care Impact Fund, and Fire Facilities Impact Fund, have fund balances; and
WHEREAS, these improvements are scheduled to be constructed over time as sufficient funds become available; and
WHEREAS, these identified improvements are of such size that sufficient funds have not been collected or obtained in order to construct these improvements by expending fees collected within the five-year expenditure period provided by Government Code Section 66001(d); and
WHEREAS, there continues to be a distinct nexus between continued development and the necessity to mitigate developments impacts on traffic circulation and drainage; and WHEREAS, fees collected previously and in the future are necessary to fund identified improvements; and
WHEREAS, the Town annually prepares a comprehensive Capital Improvement Program to prioritize identified improvements and allocates funds to construct the improvements as mitigation for continued development in the Town; and WHEREAS, these improvements are scheduled to be constructed over time as sufficient funds become available; and
WHEREAS, these identified improvements are of such size that sufficient funds have not been collected or obtained in order to construct these improvements by expending fees collected within the five-year expenditure period provided by Government Code Section 66001(d); and
WHEREAS, there continues to be a distinct nexus between continued development and the necessity to mitigate developments impacts on improvements.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Mammoth Lakes hereby:
1. In accordance with Government Code section 66006, the Town has conducted an annual review of its development impact fees and capital infrastructure programs and the Town Council has reviewed the report attached hereto as Exhibit A and incorporated herein by this reference.
Resolution No. 22-
2. The funds have been and shall be used for the purposes stated in said reports and are necessary to mitigate impacts resulting from development in the Town and further find that there is a reasonable relationship between the use of the fees and type of development project upon which the fee is imposed.
3. The Town Council herby approved, accepts, and adopts the AB 1600 Report.
4. The AB 1600 report is available for public review at the Town Clerk’s Office upon request.
APPROVED AND ADOPTED this 21st day of December 2022.
_________________________
JOHN WENTWORTH, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk