Mammoth Lakes City Council
January 4, 2023

Town Council Agenda

Wednesday, January 4, 2023, 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 Introduction of new Public Works Maintenance Worker Lucas Murphy.

7. PUBLIC PRESENTATIONS

7.1 Mammoth Lakes Chamber of Commerce Work Program Update.

8. CONSENT AGENDA

8.1 Approve the minutes of the regular meeting of December 21, 2022.

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

8.3 Agreement with Allsport America, Inc. for the installation of a Sport Court Modular Overlay Surface in the Community Recreation Center (CRC).

8.4 Accept Check Register 12/15/2022 in the amount of $139,159.08. Accept Check Register 12/16/2022 in the amount of $700,000. Accept Check Register 12/21/2022 in the amount of $321,470.25.

9. POLICY MATTERS

9.1 Town Council Appointments to Commissions, Committees, and Boards.

9.2 Change in Council Meeting Schedule and Attendance at Cal Cities Training February 1-3, 2023.

9.3 Update and direction on Changes to the California Open Meeting Law, also know as the “Brown Act”.

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

11. CLOSED SESSION

11.1 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

11.2 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One case)

12. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION

13. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, January 18, 2023 at 4:00 p.m.

14. MAMMOTH LAKES MUNICIPAL SERVICE CORPORATION ANNUAL MEETING After the regular meeting of the Town Council, the Town Council will hold a meeting of the Mammoth Lakes Municipal Service Corporation.

Capital Project Update
January 4, 2023
Created 12-29-2022
Project Notes
CRC Work continues on the mechanical (chiller, HVAC, trash) enclosure located outside the NW corner of the Sprung building. Installation of utilities and framing for bathrooms and locker rooms continues inside the building.

CRC - Mobility Hub This work is substantially complete, with minor work on stormwater retention basins and EV charging stations left to complete as weather permits.

CRC - Interior Work Staff has met with HMC to discuss scope of future work, with the potential to bid later this winter.

Staff continues to recommend that contractor focus on completing existing contract scope.

The Parcel PH 1 All 3 floors of pre-fabricated building modules on both buildings have been set, stitched together, and waterproofed. Installation of interior utilities and finishes will be occurring throughout the winter. Construction of the steel-framed single-story community spaces and childcare center is ongoing. Installation of site “wet” utilities is substantially complete, and installation of “dry” utilities will pick up in the spring. Staff is also working with our parks consultant to develop the design for the public park.

Ballfields Rehabilitation
Whitmore
The project is substantially complete and is currently on winter suspension. The only remaining construction items for the spring will be installation of a permanent home run fence and extensions of foul line fences.
60 Joaquin The design-build team continues to work on their design package, and is intending to submit for PEDC review in the near future.

OMR Beautification Town staff is resuming conversations with potential landscaping companies regarding completing the Phase 1 work and is preparing to bid the Phase 2 work in early spring.

Main Street Landscaping Town staff is resuming conversations with potential landscaping companies regarding completing the Phase 1 work and is preparing to bid the Phase 2 work in early spring.

HSIP Intersection crossings The Town is finalizing the construction funding allocation for upgrades to existing crosswalks at Laurel Mountain Rd and the Post Office, with the intent of going out to bid in January. Work could occur this winter, weather permitting.

Chaparral Extension (The
Parcel)
The project is currently on winter suspension. Work will resume in the spring.

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

Fuel Island Staff is working with consultants on a design and bid package for a new slab with waterproof manholes. The existing slab will be removed and replaced. This work will be done in the spring.

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

Minaret MUP Staff expects to receive final design plans in mid-January. No construction funding has yet been identified.

New Civic Center Architect HMC has been authorized to progress design work to a Design Development level with the intent of conducting a staff workshop in early January.

Foundation Childcare AP Architects is working on site design with the goal of bidding the project in mid-February.

Main Street MUP Caltrans is reviewing final submittal of 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.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Mammoth Lakes Chamber of Commerce Work Program Update.

Council Meeting Date: 1/4/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Representatives from the Mammoth Lakes Chamber of Commerce will provide Town Council an update on their programs, services, and related work efforts and engage Council in a discussion on these activities. No action is required.

Summary:

The Town has a contract for services with the Mammoth Lakes Chamber of Commerce (Chamber).

The contract term extends through June 30, 2025. The fee for services is fixed at $300,000 per year. The scope of service is focused on providing business support services and programs, and to be a voice of business and includes ongoing support for an Employer Assisted Housing (EAH) program for businesses. The Contract requires at least two formal updates be provided to Council each year and other updates as appropriate. The Chamber also works with various Town staff members throughout the year. Attachment A to the contract outlines the full scope of services and is attached. Information provided by the Chamber is attached.

Establishing a direct contract for service with the Chamber of Commerce was initiated as part of the transition of the Chamber out of being a functional organization under Mammoth Lakes Tourism (MLT). The Chamber and MLT continue to have a close working relationship, support each other’s goals to enhance the economic vitality of the community, and share office space. The Chamber’s focus is more directly on local business needs and support services, while MLT continues its primary focus of Marketing, Promotion, Media Relations, Communications, Advertising, and supporting community messaging and events.

The funding for the Chamber comes from the Town’s General Fund but is linked to Transient Occupancy Tax (TOT) revenues previously paid directly to MLT. The Town’s support provides financial stability for the Chamber, which is also supported by membership dues and other raised revenues.

Chamber staff will provide Council with their update. This is the opportunity for the Council to engage with the Chamber on their work program, express expectations, provide comments, etc.

No formal action by the Council is required.

Chamber and Town Agreement July 2021

A-1
EXHIBIT "A"

DELIVERABLES

MAMMOTH LAKES CHAMBER OF COMMERCE BUSINESS SUPPORT,

DEVELOPMENT AND ECONOMIC VITALITY PROGRAM
The Mammoth Lakes Chamber of Commerce (Chamber) implements a number of programs and provides services including education, relationships & connections, economic vitality, partnerships, business exposure, advocacy and member benefits. The top priorities are the members, a healthy business community and being the voice of business – not just the eyes and ears as the Chamber strives to represent the interest expressed by the Members. The overall work program of the Chamber includes a number of other community based programs and events that enhance business to business communication, community engagement, promotions, and working in partnership with other entities to enhance the overall local business environment. The Chamber also supports businesses through the Employer Assisted Housing (EAH) program. The EAH Program is designed to match local employees, who are vetted through the Chamber process, with housing alternatives, including coordination with employers and outreach to owners to locate housing options. The EAH program as established by the Chamber will continue. The funding provided to the Chamber is designed to support the ongoing work program of the Chamber and the implementation of the deliverables provided below.

DELIVERABLES

1. Continue to provide overall management and support for Chamber services.

2. Provide regular opportunities for businesses to network and establish business to business relationships on at least a quarterly basis. This may be achieved through regular business after hour events, power lunches, and similar business focused events.

3. Provide leadership to bring specific training to local businesses in such areas as marketing and promotion, use of social media, business plan development, financial planning, customer service, SBA loans, and similar services.

4. Provide at least two customer service related training opportunities annually.

5. Provide community engagement opportunities through hosting innovative speakers, promotion of community events, putting on the 4th of July Parade, and opening celebrations (ribbon cuttings) for new businesses.

6. Serve as an advocate on local business matters before local governmental agencies (i.e.

Town, County, Schools and Special Districts) and establish and maintain a governmental affairs committee to assist the Chamber in making recommendations on governmental proposed policies and actions.

7. Establish regular outreach materials and methods to local businesses and other interested parties, which may include, but is not limited to electronic, social media and/or print media.

8. Provide support to the Town as requested to engage with area business owners on concerns raised by businesses such as capital projects directly impacting local businesses, sign

Chamber and Town Agreement July 2021

A-2
programs/codes, beautification, and related actions or programs considered by the Town and/or requested by businesses.

9. Work cooperatively with Mammoth Lakes Tourism (MLT) on marketing, promotion and engagement with local businesses, events and activities that support the goals of MLT and enhancing visitation and visitor experiences.

10. Maintain database of candidate housing units and locations for Employer Assisted Housing (EAH) Program, including second homeowners, HOAs, short term rentals (STR) and other properties, hotels, RV and trailer parks, and other options. The effort continues the program established by the Chamber in FY19-20 and FY20-21.

11. Establish Employer Verification Program to ensure homeowners are renting to members of local workforce and deploy and maintain roommate matching app/website program including contracting with appropriate 3rd party vendor as necessary.

12. Provide formal updates (a minimum of two per year) to the Town Council on Chamber activities with one to outline the coming year’s work program.

13. Provide informal updates as appropriate to Town Council and Town Staff.

Town Council of Mammoth Lakes
Minutes of Regular Meeting
December 21, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Pro Tem Bill Sauser, Councilmember Sarah Rea, Councilmember Amanda Rice
Members Absent: Mayor John Wentworth, Councilmember Chris Bubser _____________________________________________________________________

1. CALL TO ORDER
The Mayor called the meeting to order at 4:00 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
Councilmember Rice led the flag salute.

3. PUBLIC COMMENTS
There were no public comments given at this time.

4. ADDITIONS TO THE AGENDA
There were no additions to the agenda. Town Manager Daniel C. Holler noted that the introduction and closed session agenda items would be continued to a future meeting.

Town Council Minutes
December 21, 2022

5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Parks and Recreation Director Stuart Brown gave an update regarding current parks and recreation activities.

6. INTRODUCTIONS

6.1 Introduce new Public Works Maintenance Worker Lucas Murphy.

This item was continued.

7. CONSENT AGENDA
Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Sarah Rea
Approve the Consent Agenda.

For (3): Mayor Pro Tem Bill Sauser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Absent (2): Mayor John Wentworth, and Councilmember Chris Bubser Carried (3 to 0)

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.

Administrative Services/Finance Director Rob Patterson, Community and Economic Development Director Sandra Moberly, Town Attorney Andrew Morris, and Town Manager Daniel C. Holler outlined the information in the staff report. There was discussion among members of Council and staff.

Town Council Minutes
December 21, 2022

Moved by Councilmember Amanda Rice
Seconded by Councilmember Sarah Rea
Adopt the Resolution Approving the Fiscal Year 21-22 Development Impact Fee Report and Making Findings that there remains a reasonable relationship for the Development Impact Fee Program
For (3): Mayor Pro Tem Bill Sauser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Absent (2): Mayor John Wentworth, and Councilmember Chris Bubser Carried (3 to 0)

9. COUNCILMEMBER REPORTS
There were no reports given at this time.

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.

This item was continued.

11. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION

12. ADJOURNMENT
The Council adjourned the meeting at 4:25 p.m.

Jamie Gray, Town Clerk

RESOLUTION NO. 23-

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. 23-

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. 23-

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) February 4, 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 4th day of January 2023.
________________________________
JOHN WENTWORTH, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Agreement with Allsport America, Inc. for the installation of a Sport Court Modular Overlay Surface in the Community Recreation Center (CRC).

Council Meeting Date: 1/4/2023
Prepared by: Stuart Brown, Parks and Recreation Director Recommended Motion: Authorize the Town Manager to execute an Agreement with Allsport America, Inc. for the installation of a Sport Court Modular Overlay Surface in the Community Recreation Center (CRC) in the amount of $198,000.

Summary: The Town of Mammoth Lakes was awarded $177,952 of Prop 68 Per Capita funds for the installation of a Sport Court Modular Overlay Surface in the Community Recreation Center (CRC). The Town executed the contract with the State of California - Natural Resources Agency, Department of Parks and Recreation on August 21, 2021. The Grant Performance Period is from July 1, 2018 to June 30, 2024.

Broad community input was solicited by the Parks and Recreation Department from local residents, visitors, and industry experts alike to help inform and build the programming playbook for the CRC. The three gymnasium style courts will offer Open Play sessions with rental equipment (basketball, volleyball, futsal and arena soccer, pickleball, etc.), youth signature summer camps, youth and adult instructional programs, and youth and adult sports leagues and tournaments. The facility will also accommodate adaptive sports and may also be used for larger community events on a limited basis.

The Town selected PowerGame™ Plus, a product of Sport Court (AllSport America, Inc.), who are the leading multi-sport flooring system providers and installers. Sports tiles offer excellent traction, ball response and superior shock absorption, along with lateral forgiveness technology that lessens impact compared to any other traditional outdoor surfaces. The tiles are 100% recyclable, are made in the USA, and come with a 15-year warranty. The Sport Court material will be placed over approximately 20,000 square feet of concrete after the removal of the ice surface The total cost of the Agreement with Allsport America, Inc. is $198,000. Combined with the Prop 68 Per Capita funds of $177,952, the Town will use $20,048 of budgeted funds from the Fiscal Year 2022/23 Community Recreation Center (CRC) budget to fund the complete project.

Work is contracted to begin no later than May 1, 2023 and be completed no later than June 2, 2023 unless extended by the Town in writing.

1 TOWN COUNCIL STAFF REPORT
Subject: Agreement with Allsport America, Inc. for the installation of a Sport Court Modular Overlay Surface in the Community Recreation Center (CRC).

Meeting Date: January 4, 2023
Written by: Stuart Brown, Parks and Recreation Director RECOMMENDATIONS:

Authorize the Town Manager to execute an Agreement with Allsport America, Inc. for the installation of a Sport Court Modular Overlay Surface in the Community Recreation Center (CRC) in the amount of $198,000.

BACKGROUND:

On October 2, 2019, Town Council adopted a Resolution (No. 19-65) approving the application for per capita grant funds from the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018. The Per Capita Program originates from Proposition 68 (California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018), placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by voters on June 5, 2018. Funds for the program were appropriated via the State Budget process.

The General Per Capita Program included $185,000,000 of available funds for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. The Town of Mammoth Lakes was awarded $177,952 for the installation of a Sport Court Modular Overlay Surface in the Community Recreation Center (CRC). The Town executed the contract with the State of California - Natural Resources Agency, Department of Parks and Recreation on August 21, 2021. The Grant Performance Period is from July 1, 2018 to June 30, 2024.

The total cost of the Agreement with Allsport America, Inc. is $198,000. Combined with the Prop 68 Per Capita funds of $177,952, the Town will use $20,048 of budgeted funds from the Fiscal Year 2022/23 Community Recreation Center (CRC) budget to fund the complete project.

Work is contracted to begin no later than May 1, 2023 and be completed no later than June 2, 2023 unless extended by the Town in writing.

ANALYSIS/DISCUSSION:

The Community Recreation Center (CRC) located at Mammoth Creek Park, will be a 40,000 square foot Sprung Performance Arena open and available to the public year-round, enclosing the brand new “LA Kings Ice at Mammoth Lakes” in winter, and the Mammoth RecZone in summer.

During the summer months, the Olympic-sized rink will be transformed into a fully programmable, multi-use RecZone, which will serve as the hub for Parks and Recreation Department’s summer camps and programs. Sport Court material will be placed over approximately 20,000 square feet of concrete after the removal of the ice surface. Residents and visitors of Mammoth Lakes will

2 also be able to enjoy a multitude of court sports, community events and recreational activities programmed throughout summer delivering all recreation, all the time.

Broad community input was solicited by the Parks and Recreation from local residents, visitors and industry experts alike to help inform and build the programming playbook for the CRC. The 3 gymnasium style courts will offer Open Play sessions with rental equipment (basketball, volleyball, futsal and arena soccer, pickleball, etc.), youth signature summer camps, youth and adult instructional programs, and youth and adult sports leagues and tournaments. The facility will also accommodate adaptive sports, and may also be used for larger community events on a limited basis.

A critical component of the community-driven programming is the indoor playing surface. Town staff conducted a thorough analysis of appropriate surfacing that would meet the needs of the proposed programming that fit within the facility (dimensions) and had the ability to be easily installed and removed every year, with minimal wear and tear, and maintenance.

The Town selected PowerGame™ Plus, a product of Sport Court (AllSport America, Inc.), who are the leading multi-sport flooring system providers and installers. Sports tiles offer excellent traction, ball response and superior shock absorption, along with lateral forgiveness technology that lessens impact compared to any other traditional outdoor surfaces. The tiles are 100% recyclable, are made in the USA and come with a 15-year warranty. Additional information about the PowerGame Plus flooring system can be found in the appendix. Below is a layout of the summer court surface. A larger layout can be viewed in Exhibit C.

Mammoth RecZone Court Layout
Note: Green striping for the 60’ Tennis/POP Tennis is NOT included in the Contractors scope of work.

3 AllSport America, Inc. Scope of Work
The Services to be provided by AllSport America Inc., consist of (i) install 20,000 square feet of Black, Granite and Tennis Blue PowerGame Plus Sport Court Modular Overlay, (ii) Stripe the modular overlay surface for Arena Soccer (red), Basketball (white), Pickleball (blue), Volleyball (black) and Futsal (gray) as per the above exhibit, (iii) Create and install two (2) Town of Mammoth Lakes logos in the modular overlay surface, (iv) Trim the perimeter for edging, and (v) provide training to Town staff on the proper disassembly, storage and appropriate use and cleaning of the surfacing system.

Work is contracted to begin no later than May 1, 2023 and be completed no later than June 2, 2023 unless extended by the Town in writing.

FINANCIAL CONSIDERATIONS:

The total cost of the Agreement with Allsport America Inc. is $198,000. Combined with the Prop 68 Per Capita funds of $177,952, the Town will use $20,048 of budgeted funds from the Fiscal Year 2022/23 Community Recreation Center (CRC) budget to fund the complete project.

ENVIRONMENTAL CONSIDERATIONS:

A Notice of Determination (NOD) for the Mammoth Creek Park West New Multi-Use Facilities at 686 Old Mammoth Road was filed by the Town of Mammoth Lakes on January 8, 2020 with the County of Mono.

LEGAL CONSIDERATIONS:

As per Municipal Code Section 3.20.290 – “Exceptions to open market, informal or formal bid competitive bidding procedures and requirements,” the competitive bid process is not applicable if purchases are: (i) made through cooperative purchasing agreements offering competitive pricing to government agencies (including without limitation those administered by Sourcewell or Omnia Partners); or (ii) made by piggybacking on contracts entered into by other government agencies which allow the town to take advantage of the same contract terms, provided that this exception shall not apply to contracts for which bidding is required by state law, including without limitation Public Contract Code section 20162, or required by the source of funds to be used for the purchase.

This agreement is made through Connor Sport Court International Sourcewell Vendor #031022- GER-3. The Town of Mammoth Lakes (Zone 1) Sourcewell ID is 109725. All cooperative purchasing contracts from Sourcwell have been competitively solicited by a lead public agency and meet rigorous cooperative standards and supplier commitments. Each supplier commits to delivering the highest quality products and services at the lowest possible prices.

ATTACHMENTS:

A. Letter Agreement with The Town of Mammoth Lakes and Allsport America, Inc. for the installation of a Sport Court Modular Overlay Surface in The Community Recreation Center (CRC).

B. PowerGame + Specification sheet
C. Mammoth RecZone Sport Court Layout

82690.00000\5913442.2
Town of Mammoth Lakes
Parks and Recreation Department
P.O. Box 1609, Mammoth Lakes, CA 93546
Phone: (760) 965-3690
Fax: (760) 934-7493
www.TownofMammothLakes.ca.gov
December 28, 2022
AllSport America, Inc.

Barrett Park, President
110 2nd Avenue South #B-12,
Pacheco, CA 94553
(925) 766-6820
[email protected]
RE: LETTER AGREEMENT WITH THE TOWN OF MAMMOTH LAKES AND ALLSPORT AMERICA, INC. FOR THE INSTALLATION OF A SPORT COURT MODULAR OVERLAY SURFACE IN THE COMMUNITY RECREATION CENTER (CRC).

Dear Barrett,
PARTIES: This letter shall be our agreement (“Letter Agreement”) regarding the services described below (“Services”) to be provided by AllSport America, Inc. (“Contractor”) as an independent contractor and Sourcewell Vendor (#031022-GER-3) to the Town of Mammoth Lakes (“Town”) for the installation of a sport court modular overlay surface in the Community Recreation Center (CRC) (the “Project”). Contractor is retained as an independent contractor and is not an employee of the Town.

SERVICES; SCHEDULE OF PERFORMANCE: The Services to be provided consist of (i) install 20,000 square feet of Black, Granite and Tennis Blue PowerGame Plus Sport Court Modular Overlay as referenced in Exhibit “D”, attached hereto and incorporated herein by reference, (ii) Stripe the modular overlay surface for Arena Soccer (red), Basketball (white), Pickleball (blue), Volleyball (black) and Futsal (gray) as per Exhibit “B” attached hereto and incorporated herein by reference (excluding the Green 60’ Tennis/POP Tennis Court striping), (iii) Create and install two (2) Town of Mammoth Lakes logos in the modular overlay surface as per the location identified in Exhibit “B” and specified the Town’s branding requirements, (iv) Trim the perimeter for edging, and (v) provide training to Town staff on the proper disassembly, storage and appropriate use and cleaning of the surfacing system. Services to be provided are more particularly described in the Scope of Services attached hereto as Exhibit “A” and incorporated herein by reference. Services on the Project shall begin no later than May 1, 2023 and be completed by no later than June 2, 2023 unless extended by the Town in writing. Contractor shall complete the installation, striping, and perimeter trimming in accordance with all standards and recommendations of the manufacturer of the Sport Court.

STANDARD OF CARE: Contractor shall perform all Services under this Letter Agreement in a skillful and competent manner consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws.

Contractor represents that it, its employees, and its subcontractors have all licenses, permits, qualifications,

LETTER AGREEMENT WITH THE TOWN OF MAMMOTH LAKES AND ALLSPORT AMERICA, INC. FOR THE INSTALLATION OF A SPORT COURT MODULAR OVERLAY SURFACE IN THE COMMUNITY RECREATION CENTER (CRC).

December 28, 2022

and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Letter Agreement.

COMPENSATION: Contractor shall receive the fixed sum of ONE HUNDRED AND NINETY-EIGHT THOUSAND DOLLARS ($198,000) for its work under this Agreement, which sum includes without limitation all material, personnel, and travel costs. Town shall pay Contractor in accordance with the payment schedule attached hereto as Exhibit “C” and incorporated herein by reference.

Contractor shall submit invoices upon shipping and for work upon completion of the Project. Town shall pay such invoices within 30 days of their receipt.

PREVAILING WAGES: Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with such Prevailing Wage Laws. Town shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to provide services hereunder available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold Town, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor shall comply, and shall require each subcontractor employed by Contractor to provide services pursuant to this Agreement to comply, with the requirements of Labor Code Section 1776, including without limitation the requirement to maintain certified payroll records. Contractor shall submit certified payroll records directly to the California Labor Commissioner. At all times during the course of Contractor’s work, Contractor shall remain registered with the Department of Industrial Relations and qualified to perform public work pursuant to Labor Code Section 1725.5, and Contractor shall ensure that all subcontractors employed by Contractor also remain so registered. Pursuant to Labor Code Section 1771.1(a), a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the Labor Code, unless currently registered with the Department of Industrial Relations and qualified to perform public work pursuant to Section 1725.5. However, an unregistered contractor may submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the Public Contract Code, provided that the contractor is registered to perform public work at the time the contract is awarded. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

INSURANCE: Contractor shall provide proof of commercial general liability and automobile insurance to Town in amounts and with policies, endorsements, and conditions required by Town for the Services. If Contractor is an employer or otherwise hires one or more employees during the term of this Project, Contractor shall also provide proof of workers’ compensation coverage for such employees which meets all requirements of state law. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), providing coverage on an "occurrence" basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury; (2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other

LETTER AGREEMENT WITH THE TOWN OF MAMMOTH LAKES AND ALLSPORT AMERICA, INC. FOR THE INSTALLATION OF A SPORT COURT MODULAR OVERLAY SURFACE IN THE COMMUNITY RECREATION CENTER (CRC).

December 28, 2022

form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. The Workers’ Compensation policy shall be endorsed to provide a Waiver of Subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. Notwithstanding the foregoing, if Contractor maintains higher limits than the specified minimum limits, Town requires and shall be entitled to coverage for the higher limits maintained by Consultant. The General Liability and Automobile Liability policies shall include or be endorsed (amended) to state that:
(1) Town, its officials, officers, employees, and agents shall be covered as additional insured with respect to the Services or operations performed by or on behalf of Contractor, including materials, parts, or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects Town, its directors, officials, officers, employees, agents, and volunteers or, if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by Town, its officials, officers, employees, and agents shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. With respect to the General Liability policy, the foregoing endorsements shall be made using standard ISO endorsement No. CG 2010 with an edition date of 2010 or later. General liability coverage can be provided in the form of an endorsement to Contractor's insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions are used). Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

TERMINATION: Town may terminate this Letter Agreement at any time with or without cause. If Town finds it necessary to terminate this Letter Agreement without cause before Project completion, Contractor shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Contractor may terminate this Letter Agreement only upon 30 calendar days' written notice to Town only in the event of Town’s failure to perform in accordance with the terms of this Letter Agreement through no fault of Contractor.

INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold Town, its directors, officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants, or agents in connection with the performance of Contractor’s Services, the Project, or this Letter Agreement, including without limitation the payment of all consequential damages, expert witness fees, and attorneys’ fees and other related costs and expenses.

Contractor’s obligation to indemnify shall survive expiration or termination of this Letter Agreement and shall not be restricted to insurance proceeds, if any, received by Town, its directors, officials, officers, employees, agents, or volunteers.

LAWS & REGULATIONS; EMPLOYEE/LABOR CERTIFICATIONS: Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements. By executing this Letter Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time.

Contractor shall maintain records of its compliance, including its verification of each employee, and shall

LETTER AGREEMENT WITH THE TOWN OF MAMMOTH LAKES AND ALLSPORT AMERICA, INC. FOR THE INSTALLATION OF A SPORT COURT MODULAR OVERLAY SURFACE IN THE COMMUNITY RECREATION CENTER (CRC).

December 28, 2022

make them available to Town or its representatives for inspection and copy at any time during normal business hours. Town shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors, and consultants performing any work relating to the Project or this Letter Agreement to make the same verifications and comply with all requirements and restrictions provided herein. Contractor's failure to comply or any material misrepresentations or omissions relating thereto shall be grounds for terminating this Letter Agreement for cause. By its signature hereunder, Contractor certifies that it is aware of the provisions of §3700 of the California Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor agrees to comply with such provisions before commencing performance of the Services. Finally, Contractor represents that it is an equal opportunity employer and shall not discriminate against any sub-consultant, employee, or applicant for employment in violation of state or federal law.

GOVERNING LAW; VENUE; GOVERNMENT CODE CLAIM COMPLIANCE; ATTORNEY'S FEES:

This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Mono County, State of California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code §§ 900 et seq. prior to filing any lawsuit against Town. Such Government Code claims and any subsequent lawsuit based upon Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against Town. If either Party commences an action against the other party arising out of or in connection with this Letter Agreement, the prevailing party shall be entitled to recover all reasonable fees and costs incurred, including reasonable attorneys’ fees, as determined by the court.

ASSIGNMENT; AMENDMENT: Contractor shall not assign, sublet, or transfer this Letter Agreement or any rights under or interest in this Letter Agreement without the written consent of Town, which may be withheld for any reason. This Letter Agreement may not be modified or altered except in writing signed by both parties. Except to the extent expressly provided for in the termination paragraph, there are no intended third party beneficiaries of any right or obligation of the Parties.

ENTIRE AGREEMENT; CONSTRUCTION & CAPTIONS: This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder.

Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement.

If you agree with the terms of this Letter Agreement, please indicate by signing and dating where indicated below. An original, executed copy is enclosed for your records. [signature page to follow]

LETTER AGREEMENT WITH THE TOWN OF MAMMOTH LAKES AND ALLSPORT AMERICA, INC. FOR THE INSTALLATION OF A SPORT COURT MODULAR OVERLAY SURFACE IN THE COMMUNITY RECREATION CENTER (CRC).

December 28, 2022

TOWN OF MAMMOTH LAKES
Approved by:
_____________________________
Daniel C. Holler
Town Manager
Attest:
_____________________________
Jamie Gray
Town Clerk

CONTRACTOR
Reviewed and Accepted by AllSport America, Inc.
_____________________________
Signature
_____________________________
Barrett Park
_____________________________
President
Date

Exhibit ‘A’
- 20,000 SF PowerGame Plus (CSCI 299)
- Paint
o White Paint - CSCI 372
o Black Paint - CSCI 363
o Blue Paint - CSCI 370
o Grey Paint - CSCI 371
o Red Paint - CSCI 364
- Ramp Edging - CSCI 312 and CSCI 313

(BB&K: 9-10)
82690.00000\5913442.2
Exhibit ‘B’
Note: Green striping for the 60’ Tennis/POP Tennis is NOT included in the Contractors scope of work as specified in “Services; Schedule of Performance.”

(BB&K: 9-10)
82690.00000\5913442.2
Exhibit ‘C’
Payment Schedule

1. Materials Ordered (50%, due to order and to secure 2022 Pricing): $99,000

2. Materials Shipped (30%, due when materials ship): $59,400

3. Court Installation Complete (20%, due upon installation and striping): $39,600

(BB&K: 9-10)
82690.00000\5913442.2
Exhibit ‘D’

(BB&K: 9
-10)
82690.00000\5913442.2

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Mammoth Lakes Town Council
Agenda Action Sheet
Title: Town Council Appointments to Commissions, Committees, and Boards.

Council Meeting Date: 1/4/2023
Prepared by: Jamie Gray, Town Clerk
Recommended Motion: Review the list of appointments and make changes as appropriate. Council may also wish to eliminate assignments that are no longer relevant, and/or make appointments to new commissions/committees as appropriate.

Summary: The Town Council is represented by its members on several commissions, committees, and boards. The selected Councilmember represents the Town by serving as a voting member of the body and reporting back to other members of the Council at regular meetings under the “Councilmember Reports” agenda item. Typically, the Council reviews the Committee/Commission assignments annually, as part of its reorganization process. A description of each committee/commission/board is attached.

The majority of the meetings held by the various commissions, committees, and boards are subject to the Brown Act as they meet the legal requirement of being legislative bodies. Councilmembers may attend any of the noted meetings to listen and learn what is being discussed. Two of the current assignments, the Mono County Collaborative Planning Team (CPT) and the Mono County Treasury Oversight Committee, may be assigned to staff, if desired by Council. Staff members also serve as alternate members where designated.

The following listing represents current assignments of the previous Town Council. Assignment recommendations will be presented by the Mayor at the Council meeting for consideration and discussion.

Councilmembers may request other assignments or change in assignments.

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

1 Airport Land Use Commission
This Commission is mandated by the State Public Utilities Code 21670. The purpose of the Commission is to provide for the orderly development of the airport and the area surrounding the airport so as to promote the overall goals and objectives of the California airport noise standards and to prevent the creation of new noise and safety problems. This Commission is administered by Mono County. This Commission is subject to the requirements of the Brown Act.

The Commission includes:
 2 members – Mono County Board of Supervisors
 2 members – Mammoth Lakes Town Council
 2 members that represent airports (staff members)
 1 member of the public
Current Council Appointments
Kirk Stapp, Councilmember
Sarah Rea, Councilmember
Meeting schedule
As needed; The commission meets infrequently (last meeting was in 2015).

California Joint Powers Insurance Authority (CJPIA) Board Each CJPIA member agency has an appointed director that serves as a member of the board of directors. As a member of the CJPIA, the Town is required to certify a director and alternate(s) every year. The director must be an elected official, but an alternate can be either elected or a staff member. The director participates in Board meetings and votes on behalf of the Town.

Current Council Appointments
Sarah Rea, Councilmember
Assistant to the Town Manager (alternate)
Meeting schedule
One annual meeting typically held in July in La Palma, CA.

Note that the CJPIA provides the attendee with a $100 stipend and also reimburses for lodging and travel costs up to $600.

Desert Mountain Division of the League of CA Cities
The Town of Mammoth Lakes is a member of the League of CA Cities. There are 16 Regional Divisions of which the Desert Mountain is one. The Desert Mountain Division is comprised of both elected and professional city staff from 15 cities/towns that work together to develop

2 regional informational programs and carry out grassroots activities to support specific legislative, regulatory, and ballot measure goals. The Division also participates in policy development by appointing representatives to the League’s board of directors, resolutions, and policy committees.

The Councilmember assigned to the Desert Mountain Division of the League of CA Cities acts as the Town’s representative for the League. An appointed representative (or alternate) is required. A staff member be designated as the representative and/or alternate if desired by the Council. Administration of these meetings is conducted by the Secretary/Treasurer to the Desert Mountain Division, who is usually a staff member of the current president’s agency.

Current Council Appointments
Bill Sauser, Councilmember
Town Manager (alternate)
Meeting schedule
Quarterly meetings that rotate location between the member cities, with one meeting held during the League of Cities (Cal Cities) annual conference.

Eastern Sierra Council of Governments (ESCOG) Joint Powers Authority (JPA) Board
The ESCOG JPA Board consists of two representatives from each of the following agencies:

Mammoth Lakes Town Council, City of Bishop City Council, Inyo County Board of Supervisors, and Mono County Board of Supervisors. Since the Town of Mammoth Lakes is a member of ESCOG, two appointments are required. The purpose of the Committee is to have an open meeting process to discuss items of mutual interest and to have a process in place to give updates on projects and work programs of mutual interest and benefit. ESCOG also has its own work program as approved by the Board. This Board is subject to the requirements of the Brown Act.

Current Council Appointments
Lynda Salcido, Mayor
John Wentworth, Mayor Pro Tem
Bill Sauser, Councilmember (alternate)
Meeting schedule
The Board meets quarterly, the second Friday of every three months (March, June, September, and December). Meetings may be adjusted and/or cancelled based on members’ availability, agenda items, or other conflicts.

3 Eastern Sierra Transit Authority (ESTA) Board
The Joint Powers Authority (JPA) that established ESTA requires that two representatives from each of the member agencies sit on the Board. These agencies include Town of Mammoth Lakes, Mono County, City of Bishop, and Inyo County. The Board addresses policy matters and makes recommendations and/or actions on other items that impact the Authority such as grants.

ESTA staff are responsible for administration of this meeting. This Board is subject to the requirements of the Brown Act.

Current Council Appointments
Kirk Stapp, Councilmember
Bill Sauser, Councilmember
Meeting schedule
Monthly, the second Friday morning of each month. Meeting location alternates between Bishop and Mammoth Lakes. Occasionally meetings are cancelled due to lack of agenda items; this Board meets approximately 9-10 times per year.

Great Basin Unified Air Pollution Control District (GBUAPCD) Board Pursuant to the provisions of Article 7 of Chapter 2 of Division 20 of the Health and Safety Code, the Air Pollution Control Districts for Mono, Inyo, and Alpine Counties, along with the Town of Mammoth Lakes, have been merged into one district. The Unification Agreement adopting the GBUAPCD requires two elected officials from each County agency to sit on the Board. The Town of Mammoth Lakes has one representative on the Board. The Board takes action on policy matters and other items impacting the District. The Clerk of the GBUAPCD Board is responsible for administration of this meeting. This Board is subject to the requirements of the Brown Act.

Current Council Appointments
John Wentworth, Mayor Pro Tem
Kirk Stapp, Councilmember (alternate)
Meeting schedule
Meetings are generally bi-monthly, but there is no set meeting schedule. At each meeting, a date for the next meeting is chosen. Meeting location rotates between the four member agencies.

Local Agency Formation Commission (LAFCO)
LAFCO is a State mandated Commission put in place to help coordinate public services provided by special districts where there are overlapping, local governmental jurisdictions, such as the Mammoth Community Water District and Mammoth Lakes Fire Protection District. The

4 Commission is responsible for municipal service reviews, setting “spheres of influence” and boundary changes, among other things. Mono County staff administers these meetings. This Commission is subject to the requirements of the Brown Act.

Board composition consists of:
 2 – Town Council members
 2 – Mono County Board of Supervisors
 2 – Representatives from special districts
 1 – member of the public
Current Council Appointments
Sarah Rea, Councilmember
Kirk Stapp, Councilmember
Lynda Salcido, Mayor (alternate)
Meeting schedule
1 st Wednesday of May and June at 3:00 p.m.; may meet during other times of the year, as needed.

League of CA Cities (Cal Cities) Voting Delegate
The League of CA Cities Voting Delegate is the elected official appointed by the Town Council to represent the Town and vote on any resolutions being considered in the General Assembly at the Annual Business Meeting of the League Annual Conference (always held as the last event on Friday). Since the Town is a member of the League, a Voting Delegate needs to be appointed and an alternate if desired by Council. This appointment takes place each year prior to the Cal Cities Annual Conference.

Current Council Appointment
Bill Sause, Councilmember
Town Manager (alternate)
*Staff recommends that the Desert/Mountain Division Representative also act as the Voting Delegate, since this person will be the most up to date on matters affecting the Town and the League that require a vote. However, it may also depend on who is able to attend the meeting (the appointee may also be a staff member).

Meeting schedule
One meeting per year – at the Cal Cities annual conference. This year the annual conference will be held September 20-22, 2023 in Sacramento.

5 Local Transportation Commission (LTC)
This Commission is mandated by the State Streets and Highway Code. The LTC is responsible for the allocation of County STIP and many other funds. They provide regional transportation planning and coordination recommendations as well as recommend funding to the CA Transportation Commission for local projects. This Commission is administered by County staff.

A staff member from the County and the Town serves as co-executive directors of the Commission. This Commission is subject to the requirements of the Brown Act.

The LTC consists of:
 3 representatives from the Town of Mammoth Lakes
 3 representatives from Mono County
 Other agencies also attend, but do not have voting authority:
o ESTA
o Caltrans
o Staff from both the Town and Mono County
Current Council Appointments
John Wentworth, Mayor Pro Tem
Bill Sauser, Councilmember
Paul Chang (appointed by the Town Council)
Town Manager (alternate)
Meeting schedule
2 nd Monday of each month at 9:00 a.m. in Suite Z.

Mammoth Lakes Housing (MLH) Board
Subject to the provisions and limitations of the California Nonprofit Public Benefit Corporation Law and any other applicable laws, the Corporation's (MLH’s) activities and affairs are managed by, and all corporate powers are exercised under the direction of, the Board. MLH’s purpose is to provide decent housing that is affordable to low-income and moderate-income persons. A Town Council member appointment to this Board is required by the MLH bylaws to help provide oversight since MLH receives Town funds. The MLH bylaws allocates one seat on the Board to a Town Council member. This Board is subject to the requirements of the Brown Act.

Current Council Appointments
Kirk Stapp, Councilmember
Meeting schedule
The first Monday of each month at 6:00 p.m. in Suite Z. Special meetings are held as needed.

6 Mammoth Lakes Recreation (MLR) Board
Subject to the provisions and limitations of the California Nonprofit Mutual Benefit Corporation Law and any other applicable laws, the Corporation's (MLR’s) activities and affairs are managed by, and all corporate powers are exercised under the direction of, the Board. MLR’s purpose is to enhance and create premier recreational and cultural opportunities, facilities, and programming for Mammoth Lakes. A Town Council appointment on this Board is required by the MLR bylaws and helps to provide oversight since MLR receives Town funds. This Board is subject to the requirements of the Brown Act.

Current Council Appointments
Sarah Rea, Councilmember
Meeting schedule
The Board meets the first Tuesday of every other month at 5:00 p.m. in Suite Z.

Mammoth Lakes Tourism (MLT) Board
Subject to the provisions and limitations of the California Nonprofit Mutual Benefit Corporation Law and any other applicable laws, the Corporation's (MLT’s) activities and affairs are managed by, and all corporate powers are exercised under the direction of, the Board. MLT’s purpose is to engage in such activities as are meant to improve the tourism industry in the Town. A Town Council appointment on this Board is required by the MLT bylaws and helps to provide oversight since MLT receives Town funds. The MLT Board also serves as the Owners’ Association for the Mammoth Lakes Tourism Improvement District. This Board is subject to the requirements of the Brown Act.

Current Council Appointments
Bill Sauser, Councilmember
Meeting schedule
The Board meets the first Wednesday of each month at 1:00 p.m. in Suite Z.

Mono County Collaborative Planning Team (CPT)
The Collaborative Planning Team includes the Federal, State, and local agencies that operate in Mono County. These include Benton Paiute Reservation, Bridgeport Indian Colony, CA Dept. of Fish and Wildlife, Caltrans, Lahontan Regional Water Quality Control Board, LADWP, Town of Mammoth Lakes, Mono County, National Park Service (Devil’s Postpile and Yosemite National Park), USDA/USFS (Humboldt-Toiyabe National Forest and Inyo National Forest), BLM, US and Nevada Fish and Wildlife, and US Marine Corps Mountain Warfare Training Center. The CPT is an advisory board created by a Memorandum of Understanding (MOU) between the agencies that allows the agencies to communicate with each other and coordinate on items of interest.

The CPT may make endorsements, and meetings allow for an agency “roundtable” discussion.

7 Mono County is responsible for administration of this meeting. A staff member my be the designated Town representative.

Current Council Appointments
Lynda Salcido, Mayor
Sarah Rea, Councilmember (alternate)
Meeting schedule
Quarterly meetings, the last Thursday of January, April, July, and October in Suite Z.

Meetings usually last for half a day.

Town and County Liaison Committee
The Town and County Liaison Committee includes two Town Council members and two Mono County Board of Supervisors members, along with staff from both the Town of Mammoth Lakes and Mono County. The purpose of the Committee is to have an open meeting process to discuss items of mutual interest and to have a process in place to give updates on projects and work programs of mutual interest and benefit. Town staff administers and schedules these meetings. This committee was established by policy and is not legally required.

Councilmembers assigned to the Committee are selected by the Council, and the number of members may be modified and/or may include staff as a member and/or alternate. The Committee is subject to the requirements of the Brown Act.

Current Council Appointments
Kirk Stapp, Councilmember
Lynda Salcido, Mayor
Daniel C. Holler, Town Manager
Sarah Rea, Councilmember (alternate)
Meeting schedule
The Committee sets its meeting schedule, generally meeting quarterly. Meetings may be adjusted and/or cancelled based on members’ availability, agenda items, or other conflicts.

Treasury Oversight Committee
The Treasury Oversight Committee includes members from the Town, Mono County, Mono County Office of Education, Eastern Sierra Unified School District, and the Mammoth Unified School District. The purpose of the Committee is to ensure the Treasury operates in compliance with the Treasury’s Investment Policy. The Town’s representative may be a Council Member or an appointed staff member. At quarterly meetings of the Committee, the Treasury’s investment reports are reviewed, as well as any current topics that concern investments or investment policy. Mono County staff administers and schedules these meetings. The Committee is subject to the requirements of the Brown Act.

8 Current Council Appointments
Kirk Stapp, Councilmember
Rob Patterson, Finance Director (alternate)
Daniel C. Holler, Town Manager (alternate)
Meeting schedule
Quarterly meetings.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Change in Council Meeting Schedule and Attendance at Cal Cities Training February 1-3, 2023.

Council Meeting Date: 1/4/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Provide Staff direction on rescheduling Town Council meeting to accommodate New Mayor and Council Member Cal Cities Training February 1-3, 2023.

Summary:

The League of California Cities (Cal Cities) provides a variety of training opportunities for council members. Each year they offer a training academy for new mayors and new council members, which may be attended by any council member. The program is tailored to new council members and includes state mandated training sessions as well as several practical sessions. The sessions are designed to be interactive and provide insights and tools elected officials will use in their elected official role. The next available training session is February 1-3, 2023, in Universal City (Southern California). A copy of the agenda with a brief overview of each of the sessions is attached. More information is available on the website.

The training begins on Wednesday, February 1st, which is a normal Council meeting date. Three Council Members have expressed interest in attending the training. To accommodate the training schedule, staff is recommending that the regular scheduled Council meeting of February 1, 2023, be cancelled. Staff is also asking Council to consider a special meeting on January 25th. This would allow an extra meeting if needed due to cancelling the February 1st meeting. The primary item for January 25th would be a workshop focused on the current set of Town Council priorities. The purpose of the meeting is to start the discussion on priories, provide some background on how current priorities were established, accomplishments to date based on the set priorities, and to provide direction on a desired process to update priorities. The update of priorities will overlay the initial budget development for FY23-24 to allow for priority areas to be reflected in the budget where appropriate.

League of California Cities 2023 New Mayors and Council Members Academy 1 *Sessions/Speakers are subject to change*
WEDNESDAY, DEC. 7
9:00-11:00 a.m. Harassment Prevention Training for Supervisors and Officials (AB 1661) This informational and interactive workplace harassment prevention training will focus on current and emerging issues resulting from the #MeToo movement, and teach officials and supervisors how to identify, prevent, and properly respond to workplace harassment, discrimination, retaliation, and abusive conduct in order to avoid personal and agency liability in compliance with AB 1825/2053/1661 and SB 396. Sign-in will begin 30 minutes prior to the session and you must be present for the full two hours to receive the certification of attendance. Entry will be prohibited once the session begins.

The Institute for Local Government is a State Bar of California minimum continuing legal education (MCLE) approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of California in the total amount of 2 hours (general credits). Provider #13881 11:30 a.m.-12:30 p.m. Your Cal Cities and How To Use It As a city official, you are the League of California Cities. Meet the Cal Cities leadership team and learn about the organization’s mission and structure, the advocacy and educational tools Cal Cities provides, and how you can get the most out of your membership. 12:30-1:30 p.m. Networking Luncheon with your Divisions Take this opportunity to sit with members of your regional division and meet your Cal Cities Regional Public Affairs Manager.
1:45-3:15 p.m. Developing an Effective City Council and City Manager Team: The Key to Good Governance and City Success
Successful communities require highly effective governance and management, key to which is a positive city council/city manager working relationship guided by good, open communication. This session will help you to better appreciate the roles that the city council governing body, individual council members, and the city manager fulfill in a successful working relationship based on effective communication and sound governance practices. 3:30-5:00 p.m. Your Legal Powers and Obligations; Open Government and Conflicts of Interest You were elected to make things happen in your city. Learn the breadth and limitations of your powers as a city official. Then, acquire a basic understanding of the legal authorities and restrictions under which cities and city officials operate, with a focus on open government laws, such as the Brown Act and the Public Records Act, and laws pertaining to conflicts of interest.

WEDNESDAY, FEB. 1

League of California Cities 2 2023 New Mayors and Council Members Academy *Sessions/Speakers are subject to change*
THURSDAY, FEB. 2
7:45-9:45 a.m. Understanding Public Service Ethics Laws and Principles (AB 1234) State law requires elected and appointed officials to receive two hours of training in specified ethics laws and principles every two years. Newly elected and appointed officials must receive this training within one year of becoming a public servant. Join a panel of experts as they help navigate the ethics laws and principles. Sign-in will begin 30 minutes prior to the session and you must be present for the full two hours to receive the certification of attendance. Entry will be prohibited once the session begins.

The Institute for Local Government is a State Bar of California minimum continuing legal education (MCLE) approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of California in the total amount of 2 hours (general credits). Provider #13881 10:00-11:00 a.m. Policy Role in Land Use Planning
Land use planning is one of the most important parts of a city official’s responsibilities due to the long-term impacts it can have on a community’s environment, economic vitality, and the physical health of its residents. Learn about tools and processes in land use planning, such as the general plan, zoning, and the California Environmental Quality Act, as well as the role of regional agencies and the state. This knowledge will help you foster a solid working relationship with your city’s planning commission and planning staff. 11:15 a.m.-12:30 p.m. Effective Advocacy and Key City Issues Meet the League of California Cities’ legislative team and learn about the 2023 Cal Cities Action Agenda, legislative calendar, and trending issues in the Legislature. The Cal Cities team will also share ideas for establishing practical skills to develop persuasive arguments and testimony that will serve your city’s interests.
1:45-3:15 p.m. An Irregular Meeting of the City Council of Dysfunction Junction: The Do’s and Don’ts of Conducting a Public Meeting
Enjoy a popular depiction of a city council meeting gone awry and learn from its mistakes. 3:30-5:00 p.m. Social Media/Digital Communications and Civic Engagement With constant advancements in social media over the last several years, it can be hard to keep up with the “do’s and don’ts” of every platform. Moreover, as misinformation increases, elected officials need to be quick on their feet and have the necessary skills to proactively manage public perceptions about local governmental affairs. Discover what cities should be doing to communicate with their constituents in the 21st century, and the rules that elected officials must follow.
5:15-6:15 p.m. Legislative Reception Planned with League Partners Take this opportunity to network with your peers from throughout the state after a full day of educational sessions. Assembly Members and Senators from throughout the state are invited to attend.

League of California Cities 3 2023 New Mayors and Council Members Academy *Sessions/Speakers are subject to change*
FRIDAY, FEB. 3
8:30-10:00 a.m. Financial Responsibilities, City Revenues Workshop (Part 1) Learn about your responsibilities as an elected official when exercising fiduciary accountability and transparency in open government. In this enlightening conversation, discuss the local government financial cycle, elected official financial oversight duties, and state and local funding relationships, and the four stages of fiscal meltdown. Plus, learn how to be a better leader by discovering how to avoid micromanagement and manage complacency. The importance of structurally balanced budget tips for setting city council goals and the need for financial policies will be stressed during this session. 10:15-11:45 a.m. Financial Responsibilities, City Revenues Workshop (Part 2) Learn about your responsibilities as an elected official when exercising fiduciary accountability and transparency in open government. In this enlightening conversation, discuss the local government financial cycle, elected official financial oversight duties, and state and local funding relationships, and the four stages of fiscal meltdown. Plus, learn how to be a better leader by discovering how to avoid micromanagement and manage complacency. The importance of structurally balanced budget tips for setting city council goals and the need for financial policies will be stressed during this session.

Mammoth Lakes Town Council
Agenda Action Sheet
1 Title: Update and direction on Changes to the California Open Meeting Law, also know as the “Brown Act”.

Council Meeting Date: 1/4/2023
Prepared by: Andrew Morris, Town Attorney
Daniel C. Holler, Town Manager
Recommended Motion: Council may discuss, provide comments or direction regarding the updates to the Brown Act.

Summary:

The Town Council and all meetings of legislative bodies as defined, are subject to California’s Open Meeting Law, also known as the “Brown Act”. The Brown Act is codified in the California Government Code, starting at Section 54950. The purpose of the Brown Act is to ensure that the actions of legislative bodies are taken openly and that their deliberations be conducted openly. The key to the Brown Act is that all meetings must be open and public except when the Brown Act authorizes otherwise. How public meetings are to be noticed and conducted has been modified over time, most recently by the adoption of AB 361 in response to the COVID-19 declared state of emergency, followed by AB 2449 as a follow up modifying the use of teleconferencing to conduct meetings.

Analysis:

The Brown Act mostly contemplates that members of a legislative body (such as the Town Council) will all be physically together during meetings. However, the Brown Act has for a long time had provisions in Section 54953(b) allowing teleconferencing by members of a legislative body:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNu m=54953 (attached).

Under these long-standing teleconferencing procedures, public agencies have had to list on the agenda the locations where members of the legislative body would teleconference from, post copies of the agenda at each site where a member of the legislative body would be during a meeting and allow members of the public to attend the meeting from those places. Under these rules, a majority of the legislative body has to participate from within the Town. This general process for teleconferencing continues to be allowed.

The Legislature approved AB 361 in late 2021. The bill added a new subsection (e) to Section 54953. The AB 361 rules did not replace the old teleconferencing rules, they just added a new way to have remote meetings during a “proclaimed state of emergency”. The AB 361 rules do not require the locations from which members of the legislative body will participate to be listed, do not require the public to be allowed to go to those places, do not require agendas to be posted in remote locations, and have no limits on where members of the legislative body can be or how many can participate remotely. The downside is that the legislative body has to keep making

2 emergency findings every 30 days, and the AB 361 rules will not be available once the current COVID-19 state of emergency is terminated, which is anticipated to be February 28, 2023.

What has changed for 2023 is a bill approved in 2022 called AB 2449, which took effect on January 1, 2023. AB 2449 keeps the old rules from Section 54953(b) (although it simplifies them a bit), keeps the AB 361 emergency rules in Section 54953(e) (but it streamlines them), and then adds a third way to teleconference, in Section 54953(f). The new authority does not require an emergency but has limits on how often any particular member of a legislative body can participate remotely and requires there to be “just cause” or “emergency circumstances” for a member who wants to participate remotely. Here are the key points of the new rules, with the relevant parts of subsection (f):

1. A quorum of the legislative body has to be physically present in the same location, within the jurisdiction. (f)(1)

2. There has to be an electronic way for members of the public to remotely observe and participate in the meeting. (f)(1)(A)

3. The agenda has to explain how people can remotely observe and participate. (f)(1)(B)

4. If the online or call-in option is interrupted, the meeting has to stop until access is restored. (f)(1)(D)

5. A legislative body member who wants to participate remotely EITHER has to, under (f)(2)(A):
a. Have “just cause” (e.g., a childcare situation, contagious illness, or travel on official business), which they have to explain, and this cannot be used more than twice in a calendar year; or
b. Ask the rest of the body for permission to participate remotely due to “emergency circumstances”, which have to be explained publicly and the request has to be made separately for each meeting.

6. No single legislative body member can participate remotely under (f) for more than three consecutive months, or more than 20% of the body’s regular meetings in a calendar year, or more than twice a year if the body regularly meets fewer than 10 times per year. (f)(3)
If there is a Council member, PEDC member, or Rec Commission member (or members of other legislative bodies) who needs to participate remotely more often than the AB 2449 rules would allow, they can still do that under the old rules in Section 54953(b). The revised version of the old rules still requires the agenda to identify the remote locations where members will be participating, requires agendas to be posted there, and requires that members of the public be allowed to be there during the meeting. However, members of the public no longer must be permitted to address the legislative body from the remote locations.

The easiest way to see the changes AB 2449 made is by looking at the “Today’s Law As Amended” tab at the Legislative Counsel’s website (a copy is also attached):
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220AB2449&sh owamends=false

3 The other wrinkle to AB 2449 and AB 361 is that AB 361 expires at the end of 2023, and AB 2449 expires at the end of 2025, unless the Legislature extends them. AB 361 also expires at the end of a declared emergency as noted above.

Recommendation:

No formal action is requested; however Council may ask questions, discuss and provide any direction based on the information presented regarding changes to the Brown Act.

NOTICE OF MEETING OF BOARD OF TRUSTEES

OF MAMMOTH LAKES MUNICIPAL SERVICE CORPORATION
NOTICE IS HEREBY GIVEN that the Board of Trustees of the Mammoth Lakes Municipal Service Corporation will hold a meeting at 4:00 p.m. (to commence after the Town Council meeting of the same date) on Wednesday, January 4, 2023 at the Council Chamber/Suite Z, Minaret Village Shopping Center, 437 Old Mammoth Road, Mammoth Lakes, California. The Board of Trustees will consider action upon the following matters:

CALL TO ORDER
Trustees Sarah Rea, John Wentworth, Chris Bubser, and Amanda Rice and President Bill Sauser.

PUBLIC COMMENTS

POLICY MATTERS

1. Election of officers – President, Secretary, and Treasurer.

2. Accept the Annual Report.

CONSENT AGENDA

3. Approve the minutes of the meeting of January 19, 2022.

ADJOURNMENT
Dated: December 29, 2022 __________________________________ Jamie Gray, Town Clerk

MAMMOTH LAKES MUNICIPAL SERVICE CORPORATION

MINUTES OF BOARD OF TRUSTEES MEETING
JANUARY 19, 2022
Town Clerk’s Notice of Meeting dated January 13, 2022

CALL TO ORDER
President Sauser called the meeting to order at 8:08 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes, California. The Board was present in its entirety with Trustees Sarah Rea and John Wentworth, Treasurer Kirk Stapp, Secretary Lynda Salcido, and President Bill Sauser in attendance.

PUBLIC COMMENTS
There were no public comments given at this time.

POLICY MATTERS

1. Election of officers – President, Secretary, and Treasurer.

ACTION:

It was moved by Secretary Lynda Salcido, seconded by President Bill Sauser, and carried by a 5- 0 roll call vote to appoint Mayor Salcido as the President, Mayor Pro Tem Wentworth as the Secretary, and Councilmember Rea as the Treasurer.

2. Accept the Annual Report.

Administrative Services/Finance Director Rob Patterson outlined the information in the report.

ACTION:

It was moved by President Lynda Salcido, seconded by Trustee Kirk Stapp, and carried by a 5-0 roll call vote to accept the Annual Report.

CONSENT AGENDA

3. Approve the minutes of the meeting of January 6, 2021.

ACTION:

It was moved by Trustee Bill Sauser, seconded by President Lynda Salcido, and carried by a 5-0 roll call vote to approve the minutes of the meeting of January 6, 2021.

Mammoth Lakes Municipal Service Corporation Minutes
January 19, 2022

ADJOURNMENT
The Board adjourned the meeting at 8:14 p.m.

Respectfully submitted,
Jamie Gray
Town Clerk

Mammoth Lakes Municipal Service Corporation
Subject: Receive and File Annual Report for Fiscal Year 21-22 Meeting Date: January 4, 2023
Written by: Rob Patterson – Administrative Services / Finance Director RECOMMENDATION:

Staff recommends the Board of Directors receive and file the annual report for fiscal year 21-22.

BACKGROUND:

The Mammoth Lakes Municipal Service Corporation (Corporation) was established by the Mammoth Lakes Town Council. While a separate legal entity the Corporation is governed by the Town Councilmembers sitting as the Board of the Corporation. Town Staff provides the required staff support in the capacities required by the Corporation. The Corporation was created to provide the Town a legal structure for the issuance of certain types of debt. The Corporation was used most recently in the issuance of Installment Sales Agreement (2017) for Multi-Use Facility construction, Taxable Judgement Obligation Bonds (2017) for MLLA Settlement refinance and Lease-Revenue Bonds (2015) as part of the financing for the police facility. Prior to these activities, the Corporation has not engaged in activity since 2000. This report provides information on the assets, liabilities, and financial activity of the Corporation for FY21-22.

Asset and Revenues:

The Corporation has no assets or cash. The only revenue are lease payments, made by the Town of Mammoth Lakes and Measure R – Sales Tax, which are essentially a pass through for payment to service long-term debt.

Liabilities:

The Corporation has long-term debt issued for three separate purposes two supported by lease payments from the Town of Mammoth Lakes and one from Measure R – Sales Tax Revenue. The first debt was issued in August 2015 for $3,550,000 with a 15-year term and interest rate of 3.51%. This debt was secured to refund outstanding Certificates of Participation issued in 2000 for the purchase of the BellShaped Property as well as funding a portion of the construction of new police facilities. This debt was secured by the Town’s corporation yard while the new police facility was under construction. The outstanding balance of this debt as of 6/30/2022 is $2,179,000. The second debt was issued October 2017 for $23,995,000 with an 18-year term and interest rate of 1.75 – 4.375%. This debt was secured to refinance MLLA Settlement Debt. The outstanding balance of this debt as of 6/30/2022 is $19,830,000.

The third debt was issued October 2017 for $5,500,000 with a 10-year term and interest rate of 2.23%.

2 This debt was secured to support construction of the Multi-Use Facility and is funded by Measure R Sales Tax. The outstanding balance of this debt as of 6/30/2022 is $3,445,000.

Changes in assets or liabilities within the year:

The Corporation had an outstanding loan obligation at the beginning of fiscal year 21-22 of $27,291,000 for all three long term obligations. The debt was reduced by scheduled payments (principal) of $1,837,000. These transactions are described in more detail below.

Annual Statement of Certain Transactions:

Long Term Debt – Lease Revenue Bond (2015)
The Corporation has received two lease payments from the Town of Mammoth Lakes and has subsequently made two scheduled payments totaling $314,608.00 in debt service for Lease Revenue Bond (2015) last fiscal year. These payments reduced the outstanding principal amount to $2,179,000 with 8 years remaining on the term.

Principal $ 232,000.00
Interest $ 82,607.85
Total debt service payments $314,608.00

3 Long Term Debt – Taxable Judgement Obligation Bonds (2017) The Corporation has received two lease payments from the Town of Mammoth Lakes and has subsequently made two scheduled payments totaling $1,867,037 in debt service for Taxable Judgement Obligation Bonds (2017) last fiscal year. These payments reduced the outstanding principal amount to $19,830,000 with 13.5 years remaining on the term.

Principal $1,075,000.00
Interest $ 792,037.00
Total debt service payments $1,867,037.00
Long Term Debt – Installment Sales Agreement (2017)
The Corporation has received two lease payments from Measure R – Sales Tax and has subsequently made two scheduled payments totaling $612,733 in debt service for Installment Sales Agreement (2017) last fiscal year. These payments reduced the outstanding principal amount to $3,445,000 with 5.5 years remaining on the term.

Principal $530,000.00
Interest $ 82,733.00
Total debt service payments $612,733.00

4 All payments are current on the outstanding debt and are being paid in accordance with the following schedule of payments.

5

6

7

BYLAWS OF THE MAMMOTH LAKES MUNICIPAL SERVICE CORPORATION Article I: Name
The name of this organization is Mammoth Lakes Municipal Service Corporation.

Article II: Purpose
The purpose for which this organization is formed shall be in its Articles of Incorporation.

Article III: Membership
This Corporation shall have no members and shall be governed solely by its Board of Directors.

All references to “members” shall not constitute a membership within the meaning of Section 5056 of the California Nonprofit Corporations Law.

Article IV: Corporate Offices

1. Principal Office. The principal office for the activities of the Corporation is located at 437 Old Mammoth Road, Suite 7, Mammoth Lakes, California 93546. The Board of Directors may change the principal office from one location to another. Any change of location shall be noted by the Secretary through amendments to these Bylaws.

2. Other Offices. The Board of Directors may at any time establish branch offices at any location in which the Corporation is qualified to conduct business.

Article V: Board of Directors

1. Responsibility. Except as otherwise provided by the Articles of Incorporation or by the Bylaws, the powers of the Corporation shall be exercised, its property shall be controlled, and its affairs shall be conducted by the Board of Directors (hereinafter referred to as the “Board”).

2. Number. There shall be a Board consisting of five (5) directors. The number of directors may be changed by amendment of these Bylaws from time to time, provided that no reduction of the number shall have the effect of removing any director in office.

3. Designation. The members of the Board shall be members of the Town Council of the Town of Mammoth Lakes.

4. Term. Each director shall hold office for a maximum term of four (4) years or until his or her successor has been elected or appointed.

5. Vacancies. Any vacancy on the Board, whether by reason of death, resignation, removal, change in the number of directors, or otherwise, shall be filled by the remaining members of the Board, even though less than a quorum. A director appointed to fill a vacancy shall be appointed for the unexpired term of his or her predecessor in office.

6. Removal. Any director may be removed from office with or without cause by a majority vote of the directors of this Corporation then in office.

7. Voting Rights. Each director shall be entitled to one (1) vote on all matters before the Board. There shall be no voting by proxy.

8. Public Meetings. All meetings of the Board, whether regular, special, or adjourned, shall be open to the public, except for closed or executive sessions authorized by law.

9. Annual Meetings. The Board shall meet annually in the month of January of each year, at a time, date, and place to be set by the Board. The annual meeting shall be held for the purposes of organizing the Board, electing officers, and transacting such other business as may come before the meeting.

10. Regular Meetings. Regular meetings of the Board shall be held at such frequency, time, and place as the Board shall from time to time determine.

11. Special Meetings. Special meetings may be called by the President of the Board or by a majority of the members of the Board by delivering personally or by mail written notice to each members of the Board and to each local newspaper of general circulation, and to each radio or television station requesting notice in writing. The notice shall be delivered personally or by mail and shall be received at least twenty-four (24) hours before the time of the meeting as specified in the notice, except for emergency meetings held in compliance with section 54956.5 of the Government Code. The call and notice for special meetings shall specify the time and place of the special meeting and the business to be transacted and no other business shall be considered at such meetings. Written notices may be dispensed with in the case of a Board member, who at or prior to the time of the special meeting, files a written waiver of notice with the Clerk or Secretary of the Board. Likewise, written notices may also be dispensed with in the case of members who are actually present at the meeting when it convenes.

12. Notice of Meetings. Notice of the time and place for any meeting for which notice is required by law or these Bylaws shall be delivered personally, communicated by telephone or telegraph, or sent to each director by priority mail, charges prepaid, addressed to the director either at his or her address as it is shown on the records if the Corporation, or, if it is not so shown on such records or is not readily obtainable, to the place at which meetings of the Board are regularly held. If personally delivered or communicated by telephone or telegraph, such notice shall be delivered at least fortyeight (48) hours prior to the hour set for the meeting. If sent by mail, such notice shall be mailed at least four (4) days prior to the day set for the meeting.

13. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting of the Board. The act of the majority of the voting power present at any meeting at which a quorum is present shall be considered the act of the Board.

14. Place. The Board shall hold its meetings at the principal office of the Corporation or at such other place as it may designate.

15. Validation of Transactions. The transactions of the Board occurring at any meeting, however called or noticed, or wherever held within the Town of Mammoth Lakes, shall be as valid as though such meeting were duly held after regular call and notice if a quorum be present and if, either before or after the meeting, each director who would have been entitled to vote at the meeting but who was not present signs a written waiver of notice, a consent to the holding of such meeting, or an approval of the minutes thereof.

All such waivers, consents, or approvals shall be filed with the corporate records and made a part of the minutes of the meeting.

16. Adjournment of Meetings. The Board may adjourn any regular, special, or adjourned special meeting to a time and place specified in the order of adjournment, provided that the provisions of Section 54955 of the Government Code are complied with.

17. Posting of Agendas. The Board shall post agendas of all regular meetings containing a brief general description of each item of business to be transacted or discussed at the meeting, at least seventy-two (72) hours before such regular meeting. The agenda shall specify the time and location of the meeting and shall be posted in a location that is freely accessible to members of the public. No action shall be taken on any item not appearing on such posted agendas, except as provided by Section 54954.2 of the Government Code.

18. Opportunity for the Public to Address the Board. Each agenda for a regular meeting shall provide an opportunity for members of the public to address the Board directly on matters of interest to the public, provided that such matters are within the subject matter

jurisdiction of the Board, and provided that no action shall be taken by the Board on any item arising out of such speeches unless the matter already appears on the agenda. The Board may adopt reasonable regulations which limit the total amount of time allotted to for public speakers and for each individual speaker.

19. Compensation of Directors. Directors, members of committees, and officers shall receive no compensation for their service. However, they shall be entitled to receive such just and reasonable reimbursement of expenses as may be determined by the Board.

Article VI: Officers

1. Officers. The officers of the Corporation shall consist of a President, a Secretary, and a Treasurer, each of whom shall be a director. The offices of Secretary and Treasurer may be held by the same person, provided that the President shall not be that person. The Board may establish such other offices as it shall deem advisable. Additional officers so elected shall hold office for such period and shall haves such power and duties as the Board may from time to tome authorize.

2. Election. The officers of Corporation shall be elected by the Board at its annual meeting.

The Board may accept suggestions for nominations for officers from any director, and officers shall be elected by a majority of the directors present and voting. Each such officer shall hold office for a maximum of four (4) years or until his or her successor shall be selected and qualified to serve. A vacancy in any office because of death, resignation, removal, disqualification or otherwise may be filled for the unexpired term at any meeting of the Board.

3. President. The President shall preside at all meetings of the directors. He or she shall have such other duties and powers as may be conferred by the Board.

4. Secretary. The Secretary shall keep or cause to be kept a book of minutes at the principal office or at such other place as the Board may order of all meetings of the directors with the time and place of holding, whether regular or special, and if special how authorized, the notice thereof given, the names of those present at the directors’ meeting, and the proceedings thereof. The Secretary shall give or cause to be given notice of all the meetings of the Board required by these Bylaws or by law to be given, and the Secretary shall keep the seal of the Corporation in safe custody and shall have such other powers and perform such other duties as may be prescribed by the Board from time to time.

5. Treasurer. The Treasurer shall be the chief financial officer of the Corporation and shall keep and maintain or cause to be kept and maintained adequate and correct accounts of

the properties and business transactions of the Corporation, including accounts of its assets, liabilities, receipts, disbursements, gains, and losses. All monies and other valuables shall be deposited in the name and to the credit of the Corporation with such depositories as may from time to time be designated by the Board. The funds of the Corporation shall be deposited in the name and to the credit of the Corporation with such depositories as may from time to time be designated by the Board. The funds of the Corporation shall be disbursed upon the check or draft of the Corporation signed pursuant to the order of the Board. When requested by the President or the Board, the Treasurer shall render an account of the financial condition of the Corporation and shall perform all other duties required of him or her by the President, directors, and committees pertaining to the office of the Treasurer.

6. Removal of Officers. Without prejudice to any rights of an officer under and contract of employment, an officer may be removed with or without cause by the Board and also, if the officer was not chosen by the Board, by any officer on whom the Board may confer that power of removal.

7. Resignation of Officers. Any officer may resign at any time by giving written notice to the Corporation. The resignation shall take effect as of the date the notice is received or at any later time specified in the notice and, unless otherwise specified in the notice, the resignation need not be accepted to be effective. Any resignation shall be without prejudice to the rights, if any, of the Corporation under any contract to which the officer is a party.

Article VII: Committees

1. Committees Generally. Committees of the Board shall be standing or special. Each committee shall exercise such power and carry out such functions as are designated by these Bylaws or as delegated by the Board from time to time. Such committees are subject are subject to Section 5212 of the Nonprofit Corporations Law.

2. Membership, Appointment. The chairperson and members of each committee shall be appointed annually by the President, subject to approval by the Board.

3. Quorum, Meetings. A majority of the members of a committee shall constitute a quorum at any meeting of that committee. Each committee shall meet as often as is necessary to perform its duties.

4. Vacancies. Vacancies in any committee shall be filled for the unexpired portion of the term in the same manner as provided in the case of original appointment.

5. Expenditures. Except as may otherwise be provided by the Board or by these Bylaws, any expenditure of corporate funds by a committee shall require prior approval of the Board.

Article VIII: Insurance
The corporation shall have the right to purchase and maintain insurance to the full extent permitted by law on behalf of its officers, directors, employees, and other agents, against any liability asserted against or incurred by any officer, director, employee, or agent in such capacity or arising out of the officer’s, director’s, employee’s, or agent’s status as such.

Article IX: Records and Reports

1. Maintenance of Corporate Records. The Corporation shall keep:
(a) Adequate and correct books of records of account;
(b) Written minutes of the proceedings of its board and committees; and (c) A record of each director’s name and address.

2. Maintenance and Inspection of Articles and Bylaws. The Corporation shall keep at its principal office, or if its principal office is not in California, at its principal business office in this state, the original or a copy of the articles of incorporation and bylaws, as amended to date, which shall be open to inspection by the directors at all reasonable times during office hours. If the principal office of the corporation is outside California and the corporation has no principal business office in this state, the Secretary shall, on the written request of any director, furnish to that member a copy of the articles of incorporation and bylaws, as amended to date.

3. Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect the corporation’s books, records, documents of every kind, physical properties, and the records of each of its subsidiaries. The inspection may be made in person or by the director’s agent or attorney. The right of inspection includes the right to copy and make extracts of documents.

4. Annual Report. The Board shall have cause an annual report to be sent to the directors within 120 days after the end of the corporation’s fiscal year. That report shall contain the following information, in appropriate detail, for the fiscal year:
(a) The assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal year.
(b) The principal changes in assets and liabilities, including trust funds.

(c) The revenue or receipts of the Corporation both unrestricted and restricted to particular purposes.
(d) The expense of disbursements of the Corporation for both general and restricted purposes.
(e) Any information that is required by Article IX, 5, of these Bylaws.

The annual report shall be accompanied by any report on it of independent accountants or, if there is no such report, by the certificate of an authorized officer of the corporation that such statements were prepared without audit from the corporation’s books and records.

5. Annual Statement of Certain Transactions and Indemnifications. As part of the annual report, the corporation shall annually prepare and furnish to each director a statement of any transaction or indemnification of the following kind within 120 days after the end of the corporation’s fiscal year.
(a) Any transaction (i) in which the corporation, its parents, or its subsidiary was a party, (ii) in which an “interested person” had a direct or indirect material financial interest, and (iii) which involved more than $50,000, or was one of a number of transactions with the same interested person involving, in the aggregate, more than $50,000. For this purpose, an “interested person” is either one of the following:
(1) Any director or officer of the corporation, its parent, or subsidiary (but mere common directorship shall not be considered such an interest); or (2) Any holder of more than 10 percent of the voting power of the corporation its parent, or its subsidiary.

The statement shall include a brief description of the transaction, the names of the interested persons involved, their relationship to the corporation, the nature of their interest in the transaction and, if practicable, the amount of that interest, provided that if the transaction was with a partnership in which the interested person is a partner, only the interest of the partnership need be stated. (b) Any indemnification or advances aggregating more than $10,000 paid during the fiscal year to any officer or director of the corporation under Article VIII of these bylaws.

Article X: Construction and Definitions
Unless the context requires otherwise, the general provisions, rules of construction and definitions in the California Nonprofit Corporation law shall govern the construction of these bylaws. Without limiting the generality of the preceding sentence, the masculine gender includes the feminine and neuter, the singular includes the plural, the plural includes the singular, and the term “person” includes both a legal entity and a natural person.

Article XI: General Provisions

1. Bonding. All employees handling funds shall be properly bonded.

2. Self-Dealing. In the exercise of voting rights by members of the Board, no individual shall vote on any issue, motion, or resolution which directly or indirectly inures to his or her benefit financially except that such individual may be counted in order to qualify a quorum and, except as the Board may otherwise direct, may participate in the discussion of such an issue, motion, or resolution if he or she first discloses the nature of his or her interest, subject to Section 5230 through, and including Section 5239 of the California Corporations Code or any successor statute.

3. Fiscal Year. The fiscal year of this corporation shall end on the 30th day of June of each year.

Article XII: Amendments
These bylaws may be amended or repealed, or new bylaws may be adopted, by majority vote of the directors of the corporation present and voting at any duly held meeting of the Board or by unanimous written consent of the members of the Board.