Mammoth Lakes City Council
March 1, 2023

Town Council Agenda

Wednesday, March 1, 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.

ZOOM INFORMATION
Join from a PC, Mac, iPad, iPhone, or Android device:

Please type in or cut and paste in this URL to join. https://monocounty.zoom.us/s/92958002088 Or join by phone:

Dial (for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 301 715 8592 or +1 312 626 6799 or +1 646 876 9923
Webinar ID: 929 5800 2088
International numbers available: https://monocounty.zoom.us/u/acobwlnMsm Public comments can also be given through Zoom by logging in or dialing in and raising your hand.

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. COUNCIL PRESENTATIONS

6.1 Recognition of Police Officer Daniel Hansen for a 15-year anniversary award.

7. STAFF PRESENTATIONS

7.1 Update on Reds Meadow Road Project.

7.2 Quarterly Presentation by Airport Core Management Team – Winter 2022.

7.3 Quarterly TOT Enforcement Update – Second Quarter FY22-23.

8. CONSENT AGENDA

8.1 Approve the minutes of the regular meeting of February 15, 2023.

8.2 Accept Check Register 02/15/2023 in the amount of $318,970.51.

9. PUBLIC HEARINGS
Public Hearing Procedure.

The Mayor will open the public hearing and then: Statement and presentation by staff.

Statement and presentation by property owner or appellant. Questions from the Town Council. Call for testimony. Rebuttal to previous testimony by property owner or appellant.

Close the public hearing, terminating public testimony. The Town Council will deliberate the matter and arrive at a decision.

9.1 Transit Community Facilities District (CFD) No. 2013-3 Annexation No. 7.

10. POLICY MATTERS

10.1 Approve Memorandum of Understanding (MOU) with the Inyo National Forest Designating Town of Mammoth Lakes as a Cooperating Agency for Over-Snow Vehicle (OSV) Planning Efforts under Subpart C of the Travel Management Rule.

10.2 Agreements with Mammoth Unified School District (MUSD) and Mono County Office of Education (MCOE) for a one-month lease extension and a five-year lease to convert the existing Ice Rink Site to a Community Pickleball and Multi-Use Complex.

10.3 Agreement with AllSport America, Inc. for the installation of a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 and the installation of 6 regulation Pickleball Courts on the existing ice rink site.

10.4 Presentation on budget performance through the second quarter of FY22-23 and approval of Budget Amendments.

10.5 Ordinance Relating to Electronic and Paperless Filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements.

10.6 Approval of Updated Agreement with Axon Enterprise, Inc for provision of Public Safety Body Cameras, Data Storage, Software, Tasers, Taser Supplies and related items in an amount not to exceed $150,000 over a five-year period.

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

12. CLOSED SESSION

12.1 Pursuant to Government Code Section 54957, the Council will hold a conference to consider evaluation of a public employee: Town Manager.

12.2 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph 1 of subdivision (d) of Section 54956.9) Name of case: Jill Rudolph Et Al. v. Town of Mammoth Lakes (Case No: 22UCM102)

12.3 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph 1 of subdivision (d) of Section 54956.9) Name of case: Louis and Pimchan Cohen. v.

Town of Mammoth Lakes (Case No: 22UCM103)

12.4 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

13. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION

14. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, March 15, 2023 at 4:00 p.m.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Update on Reds Meadow Road Project.

Council Meeting Date: 3/1/2023
Prepared by: Haislip Hayes, Pe Public Works Director
Recommended Motion: This is a presentation only and no Council action is required.

Summary:

Town staff and Federal Highway Administration (FHWA) Representatives will provide an update on the Reds Meadow Road Project.

Background:

In May 2017 Town Council authorized staff to submit an application for Federal Lands Access Program Grant Funds (FLAP Grant) for design and construction of the Reds Meadow Road Project. In March 2018 the Town received notification that it had been successful with that application. Shortly after award the Town entered into a memorandum of agreement (MOA) with the United States Forest Service (USFS), National Park Service, and FHWA. This agreement outlined the roles and responsibilities for all of the parties involved. The Town responsibilities included providing certain aspects related to public information, accepting a Highway Easement Deed, reviewing all compliance documents, providing overall direction regarding agency policy and administration, and being the lead agency for CEQA. In June of 2018 the Town Council adopted the CEQA environmental document. Work on the environmental process started in June of 2015 in anticipation of a project in some form moving forward. The USFS and FHWA were the original partners and developed a preliminary environmental linkages document which included public outreach. These efforts resulted in a number of alternatives that were refined into a CEQA document that was ultimately adopted by the Town Council by Resolution 2018-44.

Throughout 2019 FHWA and their consultants continued to refine drawings and host meetings with stakeholders. The meetings were used to develop a construction schedule and influence the specifications related to when and how the contractor would be permitted to work. These discussions were reported in a presentation to Town Council. In June of 2019, 70% construction drawings were received, reviewed, and approved by Staff. Development of the plans continued through 2020. Bids for the project were opened in November of 2022 and a contract was awarded in early January of 2023. Construction is expected to begin this year. FHWA is in charge of the project and will provide Council an update regarding the schedule, etc.

No action from Council is required.

The purpose of the overall project is to improve the deteriorated condition of Reds Meadow Road and improve mobility, so as to continue to provide access to recreational resources. These improvements would facilitate emergency responses in the valley and the USFS goal of enhancing traffic safety by reducing the likelihood of a vehicular crash. The project scope includes 8.3 miles of Reds Meadow Road past the Minaret Vista entrance station. The upper 2.5 miles of the road are a single lane with turnouts, and it is experiencing pavement and fill slope failures in several locations. This portion of the project will be reconstructed to include a widened bench to accommodate two lanes of traffic. The lower 5.8 miles of the road, currently supports two lane traffic and will be rehabilitated.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Quarterly Presentation by Airport Core Management Team – Winter 2022.

Council Meeting Date: 3/1/2023
Prepared by: Sierra Shultz – Deputy Airport Manager
Rob Patterson – Administrative Services / Finance Director Recommended Motion: No Action – Presentation Only
Summary: The Mammoth Yosemite Airport Core Management Team will provide a quarterly presentation to Town Council on work process, development planning, activities, and events at the Airport. The intent of these quarterly presentations is to provide updates to Town Council and the Community on what it takes to operate the Airport. Staff developed this presentation to highlight key topics of general understanding as well as seasonal operation needs of the Airport. The goal is a strong mutual understanding, between staff and Town Council, of the operations, funding structures and milestones, and future vision of the Airport.

This presentation will focus on project updates, winter operations and passenger activity update.

MAMMOTH YOSEMITE

AIRPORT
Quarterly Airport Presentation
March 1, 2023 Page 6 of 183
Rob Patterson – Finance Director and Administrative
Services
Sierra Shultz – Deputy Airport Manager
Soibian Spring – Airport Operations

Introduction
Quarterly presentation goals
Establish consistent goals, priorities, and visioning for MMH and engage with the public & Town Council
Today’s Topics
7 Bay ARFF/Snow Removal Equipment Building project update Airport snow removal operations

ARFF/Snow Removal Equipment Building Updates
• PEDC approved the design review application
on 1/10/2023
• Went out to bid 2/10/2023
• Bids will open on 3/9/2023
• Bid includes solar component
• Additional $
Northwest Elevation
Southwest Elevation

Welcome to
Mammoth
Yosemite Airport
Snow Removal
Operations
Winter snow removal operations occur between 0700-1630
https://notams.aim.faa.gov/notamSearch/disclaimer.html
https://www.townofmammothlakes.ca.gov/1122/Weather-Webcams Unicom frequency: 122.8 / AWOS frequency: 118.05
MMH Operations Office 760-965-3620 / Hot Creek Aviation 760-924- 9127
The airport is currently unmonitored between 1700-0700

Before the
Storm
24 hours minimum before the
potential storm the airport crew
closely monitors the weather
A Snow Ops plan is established
per FAA guidelines for on
coming storm
Equipment and staff are
prepared and positioned

SNOW REMOVAL

DETERMINING FACTORS
Storm duration and forecast
Snow amount and type predicted
Time of season (solar factor)
Snowfall timing (time of day/week)
Staff and equipment availability
Access to the airport from County
maintained road

SNOW OPERATIONS PLAN
Priority 1
Runway 9/27 full length and width
Taxiway A
Taxiway A Connectors A1, A4 & A5
North Commercial Ramp
East GA Ramp
Emergency Access Road
Priority 2
South Commercial Ramp
Taxiway A Connectors A2 & A3
West GA Ramp
Priority 3
Executive Hangars (West)
Corporate Hangars (East)
Town Hangars (North)
Airfield Clearance Times
MMH anticipates clearing 1” of snow on Runway 9/27, Taxiway A, and other Priority 1 surfaces in 1.5 hours. Priority 2 surfaces will be cleared within 4 hours and Priority 3 surfaces cleared within 8 hours depending on storm, staff and equipment.

Final clean up can take up to 5-7 days post storm event.

Priorities and minimum clearance times required by FAA AC 150/5200-30D

Priority Sequence of
Operations

Resources
Equipment:
3) 966 Loaders
1) Peterbilt snowplow truck
1) Double Chassis Kodiak Blower
1) Loader Mount Blower
2) Smaller Loaders
1) ToolCat

FIELD CONDITIONS &
NOTAMs
• Check before you fly!
• https://notams.aim.faa.gov/notamSearch/nsapp.html#/
• Duration of runway and taxiway closures are estimates • NOTAMs may need to be extended, canceled or revised
• During snow events NOTAM/FICONs are posted at 7:00am and throughout the day as needed
• Unicom frequency is 122.8
• MMH Operations and/or Hot Creek Aviation are available via Unicom for FICON reports during snow removal operations

Thank you
and have a wonderful
winter!
Please reach out to us at the airport phone line:
760.965.3620 ex. 5
Check out the web cameras at:
https://www.townofmammothlakes.ca.gov/1122/Weathe
r-Webcams
This Photo by Unknown Author is licensed under CC BY-SA

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Quarterly TOT Enforcement Update – Second Quarter FY22-23.

Council Meeting Date: 3/1/2023
Prepared by: Rob Patterson – Administrative Services / Finance Director Recommended Motion: No Action – Presentation only
Summary: The Town of Mammoth Lakes enforcement team will provide a formal presentation of enforcement efforts to Town Council for the first and second quarter of FY22-23. Information will include the following: 1. Statistical data including Cases opened, Citations issued, and Revenue received. 2. Process Improvements implemented by the team. 3. Special Highlight. – Certified Properties Update

Enforcement Update
Quarters 1 & 2 – FY22-23
Rob Patterson
Administrative Services / Finance Director
March 1, 2023

Progress Updates

Activity Report
Transient Occupancy Tax Enforcement
Program Statistics FY22-23
Quarters 1 & 2 July - September 2022 October - December 2022 Zoning Revenue Zoning Revenue Total
Cases Opened during period 1 21 4 10 36
Actions Taken QTR QTR QTR YTD QTR YTD
Citations Issued 1 37 5 6 8 45 51
Assessments Issued 0 7 2 2 3 10 12
NOD issued 0 15 3 3 6 21 24
Certificates of Judgement 0 2 1 1 0 2 3
Violation $ collected $ 6,576 $ 77,303 $ - $ 6,576 $ 79,372 $ 156,674 $ 163,250 Statistics QTR QTR QTR YTD QTR YTD
Ratio of Cases Open 5% 95% 29% 14% 71% 86%
Citations Issued 3% 97% 13% 12% 62% 88%
Revenue Collected 8% 92% 0% 4% 100% 96%

Current Focus

Town Council of Mammoth Lakes
Minutes of Regular Meeting
February 15, 2023, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea,
Councilmember Amanda Rice
_____________________________________________________________________

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
A member of the public led the flag salute.

3. PUBLIC COMMENTS
A member of the public said she was having an issue with her landlord who was not renewing her lease and converting a commercial building to Airbnb.

David Eichman, City of West Hollywood, introduced himself to the Council.

4. ADDITIONS TO THE AGENDA
There were no additions to the agenda.

Town Council Minutes
February 15, 2023

5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Office of Outdoor Recreation Manager Lawson Reif gave an update regarding current outdoor recreation activities. There was discussion among members of Council and staff.

Administrative Services/Finance Director Rob Patterson gave an update regarding current Airport and finance activities. There was discussion among members of Council and staff.

Community and Economic Development Director Sandra Moberly gave an update regarding the Main Lodge Project. There was discussion among members of Council and staff.

Town Manager Daniel C. Holler gave an update regarding the new radio system, the Housing Now! Bridge Program, and the Fire Safe Council fuels reduction work in the Lakes Basin. There was discussion among members of Council and staff.

5.1 February 2023 Public Works Engineering CIP Update.

6. STAFF PRESENTATIONS

6.1 Town Budget Structure and Process.

Administrative Services/Finance Director Rob Patterson gave a presentation regarding the Town budget structure and process. There was discussion among members of Council and staff.

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

For (4): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, and Councilmember Amanda Rice
Absent (1): Councilmember Sarah Rea
Carried (4 to 0)

7.1 Approve the minutes of the regular meeting of January 18, 2023.

7.2 Approve the minutes of the special meeting of January 25, 2023.

Town Council Minutes
February 15, 2023

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

7.4 Adopt the Resolution Declaring the Town’s Intention to Establish a Community Facilities District, Authorize the Levy of Special Taxes, and Set the Public Hearing for April 5, 2023 for Community Facilities District No 2023-1 (Town of Mammoth Lakes Maintenance Services.

7.5 Accept Check Register 1/05/2023 in the amount of $99,000. Accept Check Register 1/12/2023 in the amount of $1,422,948.85. Accept Check Register 1/18/2023 in the amount of $561,266.73. Accept Check Register 1/25/2023 in the amount of $160,777.27. Accept Check Register 2/02/2023 in the amount of $410,428.94.

8. POLICY MATTERS

8.1 Consider the request for an additional $400,000 contribution to the Mammoth Lakes Housing Innsbruck Lodge Affordable Housing Project.

Community and Economic Development Director Sandra Moberly and Senior Planning - Housing Coordinator Nolan Bobroff outlined the information in the staff report. There was discussion among members of Council and staff.

PUBLIC COMMENT:

Patricia Robertson, Mammoth Lakes Housing (MLH) Executive Director, spoke in support of their request for additional funds.

Councilmember Rea joined the meeting at 5:11 p.m.

Jennifer Kreitz, member of the MLH Board, spoke in support of the project.

Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Amanda Rice
Adopt the resolution approving an additional $400,000 contribution to the Mammoth Lakes Housing Innsbruck Lodge Affordable Housing Project contingent on the specified terms.

For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice

Town Council Minutes
February 15, 2023

Carried (5 to 0)

8.2 2023 Youth Sports Funding Recommendations.

Parks and Recreation Director Stuart Brown outlined the information in the staff report. There was discussion among members of Council and staff.

Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Amanda Rice
Approve the 2023 Youth Sports Funding Recommendations as recommended by the Parks and Recreation Commission in the amount of $45,000.

For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Carried (5 to 0)

8.3 Authorization of agreements to expand Electric Vehicle Charging Stations.

Public Works Director Haislip Hayes outlined the information in the staff report. There was discussion among members of Council and staff.

PUBLIC COMMENT:

A member of the public asked questions about the power used for the charging stations. Mr. Hayes responded.

Moved by Mayor John Wentworth
Seconded by Councilmember Sarah Rea
Authorize the Town Manager to execute a lease agreement between the Town and Electrify America for space at the Hillside Parking Lot for electric vehicle charging stations. Authorize the Town Manager to execute a lease agreement between the Town and EV Range for space at the Park n’ Ride lot on Tavern Road for electric vehicle charging stations.

Authorize the Town Manager to sign a “Site Verification Form” supporting a grant application by EV Range. The agreements are approved pending final review by Town counsel.

Town Council Minutes
February 15, 2023

For (4): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Against (1): Councilmember Chris Bubser
Carried (4 to 1)

8.4 Resolution Opposing the Taxpayer Protection and Government Accountability Act Ballot Initiative (AG# 21-0042A1).

Town Manager Daniel C. Holler and Town Attorney Andrew Morris outlined the information in the staff report. There was discussion among members of Council and staff.

Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Chris Bubser
Adopt Resolution opposing the Taxpayer Protection and Government Accountability Act (AG# 21-0042A1).

For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Carried (5 to 0)
The Mayor called a recess at 6:14 p.m. and the Council reconvened at 6:22 p.m.

8.5 Subpart C, OSV Use Designation Process, Collaborative Alternative Team Comments, and Direction to enter into an MOU with the Inyo National Forest as a cooperating Agency through the completion of the process.

Town Manager Daniel C. Holler outlined the information in the staff report.

There was discussion among members of Council and staff.

CONSENSUS:

Directs staff to bring back for approval at the next meeting a Cooperating Agency MOU with the Inyo National Forest through the completion of this process.

Town Council Minutes
February 15, 2023

9. COUNCILMEMBER REPORTS
Councilmember Bubser attended the League of California Cities Conference, the Eastern Sierra Council of Governments (ESCOG) meeting, and the Eastern Sierra Transit Authority (ESTA) Board meeting. She toured ESTA facilities with ESTA Executive Director Phil Moore.

Mayor Pro Tem Sauser attended the employee appreciation luncheon, the League of California Cities Conference, the Mammoth Trails Committee meeting, and the ESTA Board meeting. He reported that tomorrow he would be attending the Desert Mountain Division League of California Cities meeting in Apple Valley.

Councilmember Rice attended the Mammoth Lakes Housing meeting and the League of California Cities Conference.

Mayor Wentworth attended the Integrated Climate Adaption and Resiliency Program (ICARP) Technical Advisory Council meeting, the farewell celebration for Trails Manager Joel Rathje, and the ESCOG Board meeting.

10. ADJOURNMENT
The Council adjourned the meeting at 6:58 p.m.

Jamie Gray, Town Clerk

1 TOWN COUNCIL STAFF REPORT
Title: Transit CFD No. 2013-3 Annexation No. 7
Meeting Date: March 1, 2023
Prepared by: Amy Callanan, PE, Engineering Manager
RECOMMENDATION:

Adopt the attached two resolutions to annex property into the Community Facilities District No. 2013-3 (Transit CFD) and declaring the results of the landowner election. Waive the first reading and introduce by title only the attached ordinance authorizing the levy of special taxes in Community Facilities District No. 2013-3.

BACKGROUND:

The Town has received petitions from developers requesting the Town Council complete proceedings to annex the developer’s properties into the Mello-Roos Community Facilities District (CFD) 2013-3. The petitions request the Town finance services and improvements with a special tax levied against properties included in the District that allow transient occupancies. The properties include the Limelight Hotel and Residence Inn projects. The Limelight Hotel project is approved for 151 hotel rooms plus 15 condominium units and is currently under construction. The Residence Inn project is approved for 101 condominium units and expects to begin construction this spring.

The annexation map has been recorded with Mono County as shown in Attachment 6.

Town Council has previously adopted a resolution declaring its intention to annex the properties into the CFD and authorizing the levy of special taxes and setting the time and date for this public hearing. Properties are not subject to the tax until an occupancy permit for a qualified residential property has been issued.

Today’s annexation process involves:
 a public hearing to consider adoption of a Resolution of Annexation;  a special election of landowners. A minimum of 2/3 of votes in favor of annexation are required in order for annexation to proceed;
 adoption of a Resolution declaring the election results; and  introduction of an Ordinance levying special taxes.

ATTACHMENTS:

1. Order of Proceedings for Hearing and Subsequent Actions

2. Resolution Annexing Properties

3. Resolution Declaring Results of Landowner Election

4. Annexation Ordinance

2 5. Amendment No. 7 to Notice of Special Tax Lien

6. Annexation No. 7 Boundary Map

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 7

ORDER OF PROCEEDINGS FOR HEARING AND SUBSEQUENT ACTIONS The Mayor makes the following opening remarks:
“This is the time and place for the public hearing for the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) Annexation No. 7. The hearing is to inquire into the annexation of property into the District and the levy of special taxes for Town-wide transit services within or adjacent to the District. Before I formally open the hearing, are there any property owners or registered voters in the District or territory to be annexed who wish to file written protests? If so, they must be filed with the Town Clerk now.”
[Pause to see if there are any written protests.]
“The hearing is now open. We will first have presentations by staff about the annexation of territory to the District. After that, we will receive comments and questions and any oral protests from any interested persons. When all comments have been received the hearing will be closed.” Staff makes presentations.

Mayor asks for comments, questions and protests from audience.

When no more comments, Mayor closes the public hearing and says:
“The hearing is closed. We may now consider and adopt the Resolution Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of a Special Tax to Qualified Electors.” Mayor asks for comments, and questions from Council.

Council considers a motion to ADOPT:

1. A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors. (***Council Votes to adopt resolution)
Mayor then says:
“Will the Clerk please announce the result of the property owner vote?” Clerk announces result and completes the Canvass (attached to the Resolution below).

Mayor then says:
“The record shows that at least 2/3rds of the property owner votes are in favor of the annexation of territory and levy of the special tax. We may now proceed with the final actions for the annexation of territory to the District.”
Council considers a motion to ADOPT:

1. A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring Results of a Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the Seventh Amendment to Notice Special Tax Lien.
(***Council Votes to adopt resolution)
Council considers a motion to WAIVE FIRST READING AND INTRODUCE BY TITLE ONLY:

2. An Ordinance of the Town Council of the Town of Mammoth Lakes, State of California, Authorizing the Levy of Special Taxes in a Community Facilities District, Including Certain Annexation Territory.
(***Council Votes to introduce ordinance)

END OF ITEM

RESOLUTION NO.

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH

LAKES, STATE OF CALIFORNIA, AUTHORIZING THE ANNEXATION OF

TERRITORY INTO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE

LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO

QUALIFIED ELECTORS

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 7
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the Town Council of the Town of Mammoth Lakes (the “Town”) previously conducted proceedings to establish the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “District”), and WHEREAS, this Town Council on January 18, 2023, adopted its Resolution No. 23-03 entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) stating its intention to annex the territory to the District pursuant to the Act; and
WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the District and stating the services to be funded by the District and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the Town Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and WHEREAS, on the date hereof, this Town Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the closing of the hearing, no written or oral protests had been made against the proposed annexation of territory to the District by (i) any registered voter residing in the existing District, or (ii) any registered voter residing in the territory proposed to be annexed to the District, or (iii) any of the owners of land in the existing District, or (iv) any of the owners of land in the territory proposed to be annexed to the District; and
WHEREAS, Annexation Map No. 7 to the District has been filed with the County Recorder of the County of Mono, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the Town Clerk.

Resolution No. 23-

NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY RESOLVE as follows:

1. The foregoing recitals are true and correct.

2. All prior proceedings taken by this Town Council with respect to the District, prior annexations, and the proposed seventh annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act.

3. The boundaries of the territory to be annexed to the District, as set forth in the map entitled “Annexation Map No. 7 of Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services)“ on file with the Town Clerk and heretofore recorded in the Mono County Recorder’s Office on January 24, 2023, in Book 2 at Page 76 of Maps of Assessment and as Document No. 2023000172 and Community Facilities Districts are hereby finally approved, are incorporated herein by this reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

4. The provisions of the Resolution of Intention are, by this reference incorporated herein, as if fully set forth herein.

5. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the qualified electors of the area to be annexed to the District at an election called therefor as hereinafter provided.

6. This Town Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this Town Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Town Council finds that the qualified electors for purposes of the annexation election are the landowners within the territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District.

7. This Town Council hereby calls a special election to consider the measure described in Section 5 above, which election shall be held in the meeting room of the Town Council immediately following adoption of this Resolution. The Town Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the Town Clerk has on file the Resolution of Intention, a certified map of the proposed boundaries of the territory to be annexed to the District, and a sufficient description to allow the Town Clerk to determine the boundaries of the territory to be annexed to the District.

8. The voted ballots shall be returned to the Town Clerk no later than immediately following the adoption of this Resolution; and when the qualified electors have voted the election shall be closed.

9. Pursuant to Section 53327 of the Act, the election shall be conducted by hand-delivered ballot pursuant to the California Elections Code.

Resolution No. 23-

10. This Town Council acknowledges that the Town Clerk has caused to be delivered to the qualified electors of the District a ballot in the form set forth in Exhibit “A” hereto. The ballot indicated the number of votes to be voted by each landowner.

11. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.

12. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

13. The Town Clerk shall accept the ballot of the qualified electors in the Town of Mammoth Lakes Town Council meeting room upon and prior to the adoption of this Resolution, whether the ballot is personally delivered or is received by mail. The Town Clerk shall have ballots available which may be marked by the qualified electors at said location on the election day.

14. This Town Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified electors of the territory to be annexed to the District. The ballots to be executed by the qualified electors of the area to be annexed to the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this Town Council finds and determines that, to the extent that the qualified elector submits its ballot, the qualified elector will have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments and will have thereby been fully protected in these proceedings. This Town Council also finds and determines that the Town Clerk has concurred in the shortened time for the election.

15. This Resolution shall take effect upon its adoption.

APPROVED AND ADOPTED this 1
st day of March 2023.
___________________________
JOHN WENTWORTH, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk

Resolution No. 23-

EXHIBIT A

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 7

OFFICIAL BALLOT

SPECIAL TAX ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the Town Clerk of the Town of Mammoth Lakes no later than the hour of 4:00 p.m. on Wednesday, March 1, 2023, either by mail or in person. The Town Clerk’s office is located at 437 Old Mammoth Road, Suite 230, Town of Mammoth Lakes, California.

To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Town Clerk of the Town of Mammoth Lakes and obtain another.

The estimated maximum amount of money raised annually by this measure is expected to be $50,453, in 2022/23 special tax rates, upon full build out of the territory to be annexed to the District, based on the rate and duration of the special tax and subject to the tax escalation factor, as set forth in the rate and method of apportionment of special taxes for the District.

BALLOT MEASURE: Shall the Town of Mammoth Lakes, by and for its Community Facilities District No. 2013-3 (Transit Services) (the “District”), be authorized to levy special taxes within the territory annexed to the District pursuant to and as described in the Resolution of Intention to Annex Territory, adopted by the Town Council of the Town of Mammoth Lakes on January 18, 2023, and shall the annual appropriations limit of the District be increased by the amount of $50,453?
Yes: __________
No: __________
By execution in the space provided below, you also confirm your written waiver of any time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.

Number of Votes: 11
Property Owner: ______________________
By:

RESOLUTION NO.

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH

LAKES, STATE OF CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL

ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR

PROCEEDINGS, AND DIRECTING THE RECORDING OF THE SEVENTH

AMENDMENT TO NOTICE OF SPECIAL TAX LIEN

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 7
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the Town Council of the Town of Mammoth Lakes (the “Town”) previously conducted proceedings to establish the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “District”), and WHEREAS, in proceedings conducted by this Town Council pursuant to the Act, this Town Council has adopted a Resolution entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors” (the “Resolution of Annexation”), which called for a special election of the qualified landowner electors in the territory of land proposed to be annexed to the District; and WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the Town Clerk has on file a Canvass and Statement of Results of Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and WHEREAS, this Town Council has been informed of the Canvass, finds it appropriate, and wishes to complete its proceedings for the annexation of territory into the District.

NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY RESOLVE as follows:

1. The foregoing recitals are true and correct.

2. The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this Town Council, all as described in Resolution No. 23-03, entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” adopted by this Town Council on January 18, 2023.

3. Pursuant to the Canvass on file with the Town Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the District by more than two-thirds (2/3) of the votes cast at the special election.

Resolution No. 23-

4. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of the District and this Town Council may levy special taxes therein as heretofore provided in these proceedings.

5. It is hereby found that all prior proceedings and actions taken by this Town Council with respect to the District, the prior annexations, and the territory annexed thereto were valid and in conformity with the Act.

6. Within 15 days of the date of adoption hereof, the Town Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Mono, a Seventh Amendment to Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code.

7. This Resolution shall take effect upon its adoption.

APPROVED AND ADOPTED this 1
st day of March 2023.
___________________________
JOHN WENTWORTH, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk

Resolution No. 23-

EXHIBIT A

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 7

CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on March 1, 2023, I canvassed the returns of the election held on March 1, 2023, in the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services), Annexation No. 7 of the Town of Mammoth Lakes and the total number of ballots cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
Town of Mammoth Lakes
Community Facilities District No. 2013-3
(Transit Services), Annexation No. 7
Special Tax Election, March 1, 2023 11 _____ _____ _____ BALLOT MEASURE: Shall the Town of Mammoth Lakes, by and for its Community Facilities District No. 2013-3 (Transit Services) (the “District”), be authorized to levy special taxes within the territory annexed to the District pursuant to and as described in the Resolution of Intention to Annex Territory, adopted by the Town Council of the Town of Mammoth Lakes on January 18, 2023, and shall the annual appropriations limit of the District be increased by the amount of $50,453?
Yes: __________
No: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on March 1, 2023.

By:

Town Clerk
Town of Mammoth Lakes

ORDINANCE NO.

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH

LAKES, STATE OF CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES

IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN

ANNEXATION TERRITORY

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 7
WHEREAS, the Town of Mammoth Lakes (the “Town”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) to establish the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “District”) for the purpose of financing the costs of the services and maintenance related to the Town-wide transit system, and related appurtenances (the “Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District (the “Rate and Method”) is set forth in Exhibit B to the Town Council Resolution 13-20 entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, California, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), which was adopted on April 17, 2013; and WHEREAS, the Town has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the Town Council, on March 1, 2023, adopted a Resolution entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring the Results of Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the Seventh Amendment to Notice of Special Tax Lien.” NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY ORDAIN as follows:

1. The foregoing recitals are true and correct.

2. By the passage of this Ordinance, the Town Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in fiscal year 2013-14 pursuant to Ordinance No. 13-04 passed and adopted by the Town Council on May 1, 2013, and the special tax is hereby levied commencing in fiscal year 2022-23 in the District, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District.

1. The Town’s Finance Director, designee, employee, or consultant of the Town is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution of Formation.

Ordinance No. 23-

2. Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution of Formation.

3. All of the collections of the special tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the Town in administering the District, and the costs of collecting and administering the special tax.

4. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Town Council may provide for other appropriate methods of collection by resolution(s) of the Town Council. The Finance Director of the Town is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Mono in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Mono for fiscal year 2022-23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the Town.

5. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected.

6. The Mayor shall sign this Ordinance and the Town Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation for the Town.

7. This Ordinance takes effect upon its adoption.

INTRODUCED and first read on the 1
st day of March 2023; and PASSED AND ADOPTED this 15th day of March 2023.
___________________________
JOHN WENTWORTH, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk

RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

Town Clerk
Town of Mammoth Lakes
437 Old Mammoth Road, Suite 230
Town of Mammoth Lakes, CA 93546

SEVENTH AMENDMENT TO

NOTICE OF SPECIAL TAX LIEN
Town of Mammoth Lakes
Community Facilities District No. 2013-3
(Transit Services)
Annexation No. 7
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the California Government Code, the undersigned Town Clerk of the Town of Mammoth Lakes (the “Town”), County of Mono, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the Town Council of the Town, on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of services described in, and said special tax is to be levied according to the rate and method of apportionment set forth in, that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Mono, State of California on May 6, 2013, at the hour of 4:20 o’clock p.m. as Document No. 2013002538, to which recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated herein in full by this reference.

This Seventh Amendment to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) the lands set forth in that certain “Annexation Map No. 7 of the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services), County of Mono, State of California,” heretofore recorded on January 24, 2023, in Book 2 at Page 76 of Maps of Assessment and as Document No. 2023000172 and Community Facilities Districts in the office of the County Recorder of the County of Mono, State of California.

The assessor’s parcel numbers of all parcels or any portion thereof which are included in this Seventh Amendment to Notice of Special Tax Lien, together with the names of the owners thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the Town are as set forth in Exhibit A hereto and hereby made a part hereof.

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the Town of Mammoth Lakes, 437 Old Mammoth Road, Mammoth Lakes, California 93546; telephone number (760) 965-3660.

Dated: As of ____________, 2023
By: ________________________________
Jamie Gray, Town Clerk
Town of Mammoth Lakes

Exhibit A

EXHIBIT A

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 7
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND WITHIN DISTRICT Assessor’s
Parcel Numbers Name of Property Owner
031-110-027-000 LIMELIGHT MAMMOTH LLC
033-041-011-000 GREENS BERNER STREET LLC
033-390-002-000 LIMELIGHT MAMMOTH LLC
033-390-003-000 LIMELIGHT MAMMOTH LLC
033-390-004-000 LIMELIGHT MAMMOTH LLC
033-390-005-000 LIMELIGHT MAMMOTH LLC
033-390-006-000 LIMELIGHT MAMMOTH LLC
033-390-007-000 LIMELIGHT MAMMOTH LLC
039-030-014-000 GREENS BERNER STREET LLC

ANNEXATION MAP NO. 7 OF

TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
FILEDINT HEOFFICEOFT HET OWNCLERKOFT HET OWNOFMAMMOT HLAKEST HIS________DAYOF______, 2023.
____________________________

T OWNCLERK

T OWNOFMAMMOT HLAKES

MONOCOUNT Y,CALIFORNIA
IHEREBYCERT IFYT HAT T HEWIT HINMAPSHOWINGT HEPROPOSEDBOUNDARIESOFANNEXAT IONNO.7T OT HE T OWN OF MAMMOT H LAKES COMMUNIT Y FACILIT IES DIST RICT NO.2013-3 (T RANSIT SERVICES),T OWN OF

MAMMOT HLAKES,COUNT YOFMONO,ST AT EOFCALIFORNIA,WASAPPROVEDBYT HET OWNCOUNCILOFT HE T OWNOFMAMMOT HLAKESAT AREGULARMEET INGT HEREOF,HELDONT HE________DAYOF__________,2023, BYIT SRESOLUT IONNO.____________________.
____________________________

T OWNCLERK

T OWNOFMAMMOT HLAKES

MONOCOUNT Y,CALIFORNIA
FILEDT HIS________DAYOF__________,2023,AT T HEHOUROF________O’CLOCK___M,INBOOK________OF MAPSOFASSESSMENT ANDCOMMUNIT YFACILIT IESDIST RICT SAT PAGE_______INT HEOFFICEOFT HECOUNT Y RECORDEROFT HECOUNT YOFMONO,ST AT EOFCALIFORNIA.

INST RUMENT NUMBER:__________
____________________________

COUNT YRECORDER

COUNT YOFMONO,CALIFORNIA

FORPART ICULARSOFT HELINESANDDIMENSIONSOFASSESSORPARCELS,REFERENCEISMADET OT HEMAPS OFT HEASSESSOR,COUNT YOFMONO,ST AT EOFCALIFORNIA.

REFERENCEISHEREBYMADET OT HAT CERT AINMAPENT IT LED“MAPOFPROPOSEDBOUNDARIESOFT OWNOF MAMMOT HLAKESCOMMUNIT YFACILIT IESDIST RICT NO.2013-3,T OWNOFMAMMOT HLAKES,COUNT YOFMONO, ST AT E OFCALIFORNIA”FILED T HE 21ST DAY OF MARCH,2013,IN BOOK 2OFMAPS OFASSESSMENT AND COMMUNIT YFACILIT IESDIST RICT SAT PAGE76INT HEOFFICEOFT HECOUNT YRECORDERFORT HECOUNT YOF MONO,ST AT EOFCALIFORNIA,WHICHT HISANNEXAT IONMAPAFFECT S.

TOWN OF MAMMOTH LAKES

COUNTY OF MONO

STATE OF CALIFORNIA
Min
a
ret R
o
a
d
Forest Trail
Forest Trail
Hillside Drive
Hills
di e
D
r
vi e
L
a
ke
vie
w
B
o
ule
va
rd
033-390-004-000
033-041-011-000
033-390-007-000
033-390-0
0 6-0
0 0
033-390-005-000
031-110-027-000
039-030-014-000
033-390-003-000
033-390-002-000
Forest Trail
Minaret
Road
Hills
di e
D
r
vi e
Canyon Boulevard
Berner Street
Main Street
Lake Mary Road
Lakeview Boulevard
H
o
rs
e
s
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D
rive
Alpine Circle
Viewpoint Road
Ridgecrest Drive
Holiday Way
G
r
ni de
wl a
dl R
o
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d
Sheet 1 of 1
Source: Mono County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California III FIPS 0403 Feet ¬«203 Minaret Rd
Meridian Blvd
Main St
Old Mammoth Rd

T OW N OF MAMMOT H LAKES

SS II TT EE
Legend
An n exation Boun d ary
An n exation Parc els
Surroun d in gAreaParc els
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0 75 150 300Feet

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve Memorandum of Understanding (MOU) with the Inyo National Forest Designating Town of Mammoth Lakes as a Cooperating Agency for Over-Snow Vehicle (OSV) Planning Efforts under Subpart C of the Travel Management Rule.

Council Meeting Date: 3/1/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Approve and Authorize the Town Manager to sign Memorandum of Understanding (MOU) with the Inyo National Forest Designating Town of Mammoth Lakes as a Cooperating Agency for OSV Planning Efforts under Subpart C of the Travel Management Rule, subject to final USFS approval.

Summary:

The Forest Service is completing the Inyo National Forest Over-Snow Vehicle (OSV) Use Designation Process, in accordance with the 2005 (Amended in 2015) Travel Management Rule (36 CFR 212, Subparts B and C; Travel Management Rule). The process includes completion of the National Environmental Protection Act (NEPA) process and the preparation of the environmental impact statement (EIS).

The Forest Supervisor of the Inyo National Forest is the responsible official for development and approval of the OSV Use Designation Project. Under the provisions of the Council for Environmental Quality's Regulations for Implementing NEPA (40 CFR Parts 1500-1508):

The Forest Service may designate a State, County, or local government agency as a “cooperating agency” to assist the Forest Service in preparing an EIS for a project on National Forest System lands (40 CFR 1501.8 and 1508.1). Cooperating agencies have jurisdiction by law or special expertise on environmental issues related to the project. A cooperating agency may provide special expertise or assistance to the lead agency in analyzing the effects of the lead agency’s proposed action.

The Town would serve as a cooperating agency with special expertise relevant to the preparation of the EIS for the OSV Use Designation Process, with the rights and duties of a cooperating agency as set forth in this MOU and the CEO regulations at 40 CFR 1501.8. This ensures various planning documents of the Town are used through the process and for early and continued dialogue between the Town and the Forest Service.

Staff is recommending Council approve the attached draft MOU designating the Town as a cooperating agency and authorize the Town Manager to sign the MOU, subject to final review and approval of the Inyo National Forest.

0MB 0596-0217
FS-1500-15 USDA, Forest Service

Dis USDA, FS-1500-15 Forest Service 0MB 0596-0217
FS Agreement No.

Cooperator Agreement No. _

DRAFT MEMORANDUM OF UNDERSTANDING
Between

THE TOWN OF MAMMOTH LAKES
And The

USDA, FOREST SERVICE

INYO NATIONAL FOREST
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between the Town of Mammoth Lakes, California, hereinafter referred to as "Town," and the USDA, Forest Service, Inyo National Forest, hereinafter referred to as the "U.S. Forest Service."
Background: The Forest Service is completing the Inyo National Forest Over-snow Vehicle (OSV) Use Designation Process, in accordance with the 2005 (Amended in 2015) Travel Management Rule (36 CFR 212, Subparts B and C; Travel Management Rule). The Town of Mammoth Lakes has requested, and the Forest Service has agreed to grant, cooperating agency status with respect to the OSV use designation process, pursuant to 40 CFR 1501.8.

Title: Inyo National Forest Over-snow Vehicle Use Designation Process PURPOSE: The purpose of this MOU is to define the relationship and duties of the Forest Service and the Town, as a Cooperating Agency, in accordance with the following provisions.

I. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:

In harmony with the goals of the National Environmental Policy Act (NEPA), participation by cooperating agencies promotes efficiency, cooperation, and disclosure to the public of all relevant information (Statement Clarifying Cooperating and Joint Lead Agency Provisions, US Forest Service, Bureau of Land Management, and National Park Service, 9/2/1998). By cooperating in the development of the OSV Use Designation Process, the Forest Service and Town can better integrate decision making within their respective jurisdictions. ·
To complete the OSV use designation process, the Forest Service plans to prepare an Environmental Impact Statement (EIS) that complies with the National Environmental Policy Act (NEPA) and other applicable statutes and regulations such the Endangered Species Act, National Historic Preservation Act, etc.

A team of Inyo National Forest interdisciplinary resource specialists, known as the Interdisciplinary Team (IDT), will be assigned to prepare the EIS and OSV Use Designation Plan. The final outcome of this decision will be an over-snow vehicle use map (OSVUM), showing where, and under what

0MB 0596-0217
FS-1500-15 USDA, Forest Service

conditions, areas and trails will be designated for OSV use. OSVs are defined as, “a motor vehicle that is designed for use over snow and that runs on a track or tracks and/or a ski or skis, while in use over snow.” (36 CFR 212.1).

The Forest Supervisor of the Inyo National Forest is the responsible official for development and approval of the OSV Use Designation Project. Under the provisions of the Council for Environmental Quality's Regulations for Implementing NEPA (40 CFR Parts 1500-1508):

The Forest Service may designate a State, County or local government agency as a “cooperating agency” to assist the Forest Service in preparing an EIS for a project on National Forest System lands (40 CFR 1501.8 and 1508.1). Cooperating agencies have jurisdiction by law or special expertise on environmental issues related to the project. A cooperating agency may provide special expertise or assistance to the lead agency in analyzing the effects of the lead agency’s proposed action.

In consideration of the above premises, the parties agree as follows:

II. THE TOWN SHALL:

A. Serve as a cooperating agency with special expertise (Appendix 1) relevant to the preparation of the EIS for the OSV Use Designation Process, with the rights and duties of a cooperating agency as set forth in this MOU and the CEO regulations at 40 CFR 1501.8.

B. Within timeframes established by the Forest Service, provide input on the development of the EIS specific to the Town’s areas of special expertise. This may include, but is not limited to, the following:
i. Assessment of resource conditions and trends, including recreation and local and regional economics.
ii. Best available scientific (not sure how much true scientific info we have) and area statistical information as related to the Town’s areas of special expertise.
iii. Road and trail jurisdiction, allowable uses, winter operations, and maintenance.
iv. Conflict between OSVs and wheeled vehicles or road operations and methods to minimize any identified conflicts.
v. Winter recreational use and trends within the Town Planning boundaries and within outlying areas of Mono County.
vi. Assessment of consistency and application of uses with Town adopted plans including but not limited to: General Plan, Parks and Recreation Plan, Trail System Master Plan, Mobility Master Plan, and various special studies, area specific plans, informing plans (not formally adopted) and related Town policies.

B. Complete review and analysis of preliminary Draft EIS, or portions thereof, relevant to the Tow’s areas of special expertise. The length of the Town’s review period(s) will vary based on Forest Service timing constraints and when possible,

0MB 0596-0217
FS-1500-15 USDA, Forest Service

a minimum of two weeks will be provided. The Town may request additional review time. If Forest Service timelines do not accommodate a longer review period, the Town will attempt to respond within the Forest Service timeframe.

C. The Town will complete a review of its planning and land use policies that it considers relevant to OSV Use Designation and identify opportunities for the OSV Use Designation process to address identified impacts, contribute to joint objectives including expanded areas for OSV staging, access and use, or resolve or reduce conflicts.

D. Reserve the right to participate in the public involvement process for the Draft EIS and to submit comments on all aspects of the Draft EIS during the public comment periods to the same extent as any member of the public. The Town’s participation as cooperating agency is not an endorsement of the final decision.

III. THE U.S. FOREST SERVICE SHALL:

In the development of the Environmental Impact Statement (EIS) for OSV Use Designation, the Forest Service shall:

A. Provide the opportunity for the Town to provide input on the development of the EIS specific to the Town’s areas of special expertise as noted in Section II, B, above.

B. Provide the opportunity for the Town to review and provide analysis for preliminary Draft EIS and supporting documents, or portions thereof, relevant to the Town’s areas of special expertise.

C. Use the Town’s environmental analyses and proposals, to the maximum extent possible consistent with the Forest Service's responsibility as lead agency in the development and approval of the EIS for OSV Use Designation, as provided in 40 CFR 1501.8(a)(2).

D. Meet with the Town at the latter's request, as provided in 40 CFR150l.8(a)(3).

E. The Forest Service principal contact listed in Section IV, paragraph K shall serve as the primary liaison between the Town and the Inyo National Forest Interdisciplinary Team and Forest Supervisor. The Forest Service principal contact shall:
i. Promptly inform the Town of schedule changes that may affect the time afforded the Town to perform its responsibilities as cooperating agency.

The Forest Service will consider requests from the Town for additional time to perform its cooperating agency responsibilities. ii. Coordinate with the Forest Supervisor or designee to provide the Town the opportunity to provide input on the development of the EIS for OSV Use Designation to the Town’s areas of special expertise as specified in Section III, B and C and Section IV, A and B.
iii. Ensure information provided by the Town under the terms of this agreement is promptly delivered to the Forest Supervisor or designee for consideration in the development of the EIS for the Revised Plan. iv. Coordinate with the principal Town contact identified in Section V, paragraph L to schedule meetings between Town staff and the Interdisciplinary Team. The purpose of the meetings is to share

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information, provide a forum for the Interdisciplinary Team and Town staff to discuss resource issues or topics, and to involve the Town in the development of the EIS as related to its areas of special expertise. The Interdisciplinary Team / Town meeting schedule will vary according to the project timeline or resource topic or issue but is generally expected to coincide with milestones identified in the schedule in Appendix 2.

IV. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:

A. The Forest Service and the Town will work together in good faith and shall attempt to resolve any disagreements under this MOU by negotiation.

B. The Forest Service and the Town shall endeavor to work together to produce the work per the schedule identified in Appendix 2.

C. For the purposes of this MOU, the Town’s areas of special expertise are described in Appendix 1. In the event of changed circumstances or new information, it may be desirable to revise the Town’s areas of special expertise without amending this MOU. The following protocol shall be utilized to revise the Town’s areas of expertise:
i. The principal contact person (Section IV, paragraph K) of the party that becomes aware of the need to revise the Town’s areas of special expertise shall notify the other party's principal contact person in writing as soon as possible. The notification shall include the specific areas of special expertise to be revised and the justification.
ii. Within two weeks of notification, the other party's principal contact person shall notify the first party's principal contact person in writing whether or not it is agreeable to revise the Town’s areas of special expertise.
iii. If the parties agree to revise the Town’s areas of special expertise, such revision shall be documented in a memorandum within two weeks of the notification of agreement describing the specific revision of the areas of special expertise and signed and dated by both parties' principal contact persons. The memorandum shall be prepared by the Town in consultation with the Forest Service. The memorandum shall be kept with and appended to this agreement.
iv. If the parties are not agreeable to revising the Town’s areas of special expertise, the parties shall meet within two weeks of the notification of the failure to agree to work in good faith to resolve any points of disagreement. If the parties are able to agree through this subsection to revise the Town’s areas of expertise, then the process described above shall be utilized to document the revision.

D. The Forest Service will determine the scope, scale, methods, forums, and timing for public participation in all aspects of the OSV Use Designation process; developing a proposal; commenting on the proposal and the disclosure of its environmental impacts in accompanying NEPA documents; and reviewing the results of monitoring information. The Town may provide recommendations on the scope, scale, timing, methods, and forums for public involvement. In cooperation with the

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Forest Service, the Town may offer opportunities to co-sponsor public meetings and other public participation forums. The Town may circulate public documents to solicit feedback from Town Parks and Recreation and Planning and Economic Development Commissions.

E. The Forest Service is not obligated by this MOU to provide a written response to the Town’s input on the development of the EIS; however, the Forest Service and Town principal contacts will make reasonable efforts to jointly review and discuss the Town’s suggested changes, analysis, recommendations and data before the Final EIS and draft decision document are released to the public by the Forest Service.

F. The Forest Service will work cooperatively with the Town to ensure full access to non-privileged Forest Service expertise and factual data, information, and analysis related to the special expertise of the Town so that the Town may carry forth its responsibilities as cooperating agency. The Town will provide the Forest Service full access to non-privileged factual data, information, and analysis related to its areas of special expertise and relevant to the assessment, revised plan, and plan monitoring program.

G. Information will be freely shared with either party except when constrained by factors such as the need to protect confidentiality. When information needs to be kept confidential, the entity providing the information shall indicate the need for confidentiality when conveying the information. This exchange will allow for useful comments related to the information to be exchanged amongst the parties.

Any information that is exchanged may be subject to disclosure under the California Public Records Act and the Freedom of Information Act. a. The principal contact person for each party (Section IV, paragraph K) shall act as a liaison for the information exchange. This person will be responsible to disseminate the information amongst staff and consultants. Copies of the data are to be made and distributed only to those staff and consultants directly involved with the Revised Plan, unless otherwise agreed to by the parties. Files are to be maintained of said data for the required document retention period based on applicable law. Any shared data is intended to be used exclusively for the development of the Revised Plan.
b. Information may be exchanged in-person, via mail, or email, or any other means deemed applicable. Information provided by either entity shall be accompanied by a summary of the information in order to clarify what is being provided and to identify any confidentiality issues related to the information being provided.

H. The Town and the Forest Service will keep confidential and protect from public disclosure any and all documents exchanged or developed as a part of this MOU prior to a determination by the applicable party of the releasability of the documents under the Freedom of Information Act, 5 U.S.C. §552, or the California Public Records Act, California Government Code §6250 et seq. Neither party will disclose documents exchanged or developed as a part of this MOU without providing notice to the other party. Each party will protect, to the extent allowed by applicable state and federal laws, the confidentiality of the other party's documents. Both parties agree to impose the requirement of this paragraph upon their consultants, and the

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release of documents to those consultants shall not be deemed public disclosure.

I. By this MOU, the Forest Service does not relinquish its primary responsibility for NEPA (National Environmental Policy Act) and NFMA (National Forest Management Act) compliance. The Forest Service will retain responsibility for the development and content of the Revised Plan.

J. The Town reserves its rights to pursue any remedies whatsoever to challenge the adequacy of the EIS and its compliance with applicable laws and regulations in any administrative or judicial forum. The Forest Service likewise reserves its rights to raise all applicable affirmative defenses should any challenge to the adequacy of the Revised Plan be raised.

K. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement.

Principal Cooperator Contacts:

Cooperator Program Contact Cooperator Administrative Contact Lawson Reif
Office of Outdoor Recreation Manager
PO Box 1609
Mammoth Lakes, CA 93546
Phone:

Email: [email protected]
Daniel C. Holler
Town Manager
PO Box 1609
Mammoth Lakes, CA 93546
Phone: 760-965-3601
Email: [email protected]
Principal U.S. Forest Service Contacts:

U.S. Forest Service Program Manager
Contact
U.S. Forest Service Administrative
Contact
Erin Noesser
Environmental Coordinator, Inyo National
Forest
Address: 351 Pacu Ln, Suite 200
Bishop, CA 93514
Telephone: 760-920-3048
Email: [email protected]
L. NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or Town is sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows:

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To the US Forest Service Program Manager, at the address specified in the MOU.

To the Town, at the Town’s address shown in the MOU or such other address designated within the MOU.

Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later.

M. PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts the U.S. Forest Service or Town from participating in similar activities with other public or private agencies, organizations, and individuals.

0. ENDORSEMENT. Any of the Town’s contributions made under this MOU do not by direct reference or implication convey U.S. Forest Service endorsement of Town’s products or activities and does not by direct reference or implication convey the cooperator's endorsement of the FS products or activities.

P. NONBINDING AGREEMENT. This MOU creates no right, benefit, or trust responsibility, substantive or procedural, enforceable by law or equity. The parties shall manage their respective resources and activities in a separate, coordinated and mutually beneficial manner to meet the purpose(s) of this MOU.

Nothing in this MOU authorizes any of the parties to obligate or transfer anything of value.

Specific, prospective projects or activities that involve the transfer of funds, services, property, and/or anything of value to a party requires the execution of separate agreements and are contingent upon numerous factors, including, as applicable, but not limited to: agency availability of appropriated funds and other resources; cooperator availability of funds and other resources; agency and cooperator administrative and legal requirements (including agency authorization by statute); etc. This MOU neither provides, nor meets these criteria. If the parties elect to enter into an obligation agreement that involves the transfer of funds, services, property, and/or anything of value to a party, then the applicable criteria must be met. Additionally, under a prospective agreement, each party operates under its own laws, regulations, and/or policies, and any Forest Service obligation is subject to the availability of appropriated funds and other resources.

The negotiation, execution, and administration of these prospective agreements must comply with all applicable laws.

Nothing in this MOU is intended to alter, limit, or expand the agencies' statutory and regulatory authority.

Q. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no U.S. member of, or U.S. delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly.

FS-1500-15 USDA, Forest Service 0MB 0596-0217
R. FREEDOM OF INFORMATION ACT (FOIA). Public access to MOU or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552).

S. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, "Federal Leadership on Reducing Text Messaging While Driving," any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government.

T. TERMINATION. Any of the parties, in writing, may terminate this MOU in whole, or in part, at any time before the date of expiration agreement by providing a 60-day notice of termination to the other party.

U. DEBARMENT AND SUSPENSION. The Town shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should the Town or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary.

V. MODIFICATIONS. Modifications within the scope of this MOU must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change.

W. COMMENCEMENT/EXPIRATION DATE. This MOU is executed as of the date of the last signature and is effective through December 31, 2027 at which time it will expire, unless extended by an executed modification, signed and dated by all properly authorized, signatory officials.

FS-1500-15 USDA, Forest Service 0MB 0596-0217
X. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this MOU. In witness whereof, the parties hereto have executed this MOU as of the last date below:
_________________________________________________ ___________ Town of Mammoth Lakes Date
Daniel C. Holler, Town Manager
_________________________________________________ ___________ US Forest Service Date
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless ii displays a valid 0MB control number. The valid 0MB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at202-720-2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377- 8642 (relay voice). USDA is an equal opportunity provider and employer.

Appendix 2 - Conceptual Work Plan and Schedule
Memorandum of Understanding between Town of Mammoth Lakes and the USDA, Forest Service

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APPENDIX 1
Conceptual Work Plan and Schedule for Memorandum of Understanding Town of Mammoth Lakes and the USDA, Forest Service
The Forest Service and Town shall work to meet the deadlines in this conceptual schedule as they may be applicable throughout the development of the EIS for the OSV Use Designation process and as described in Sections II, III, and IV of the Memorandum of Understanding between the Town of Mammoth Lakes and the USDA, Forest Service (MOU).

Coordination of the sub-tasks identified in the conceptual schedule will be primarily accomplished through a series of meetings between the principal contacts identified in the MOU and other Forest Service and Town staff involved in the revision process. The timing and frequency of the meetings may be adjusted as needed throughout the process. Meetings will be scheduled around major milestones to ensure both parties have sufficient time to provide and respond to input and resolve any concerns or disagreements. The Forest Service principal contact listed in the MOU shall serve as the primary liaison between the Town and the Inyo National Forest Supervisor and shall coordinate with the principal Town contact to schedule meetings at the request of either party.

Milestone SubtaskForest Service
(FS)
Subtask- Town of
Mammoth Lakes
(Town)
Approximate
Schedule
Scoping/Proposed Action
Finalized
October 2022-April
2023
Schedule meetings
between Inyo National
Forest and Town before
release of proposed action.

Identify portions of the
proposed action to be
cooperatively developed.

Participate in meetings February-March 2023
Board Of Supervisors
(BOS) briefings
BOS briefings FS to brief BOS as needed
Release Proposed
Action to public for
scoping period
Late March 2023
Draft EIS Developed April 2023-Feb. 2024
Sub-milestone - Identify
Alternatives to analyze in
the Draft EIS
Provide public
comments received to
Town, summarized and
with proposed
alternatives or
comment resolution
(related to Town areas
of expertise)
May 2023

Appendix 2 - Conceptual Work Plan and Schedule
Memorandum of Understanding between Town of Mammoth Lakes and the USDA, Forest Service

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Provide staff comments re:
alternatives
June 2023
Sub-milestone - Identify Draft
EIS sections to be
cooperatively developed
Meet w/ Town staff to
identify sections of
draft plan and draft EIS
to be prepared in
cooperation with Town
and/or specific
information needs (e.g.,
review of Town winter
road maintenance
policies)
Meet w/ FS staff to identify
sections
June 2023
Sub-milestone - Development of
Draft EIS (pre-public release)
Share and/ or
discuss draft
documents and
analysis concepts
with Town staff/
(Board of
Supervisors if
needed).

Provide feedback
iteratively. To protect
deliberative process,
submit draft BOS Agenda
Requestto FS for review
and approval before
sharing draft documents
with BOS.

July-Sept 2023
Provide DEIS sections
for
review
November 2023
Provide Town comments to
FS
W/i 2 weeks of DEIS
sections shared with
Town
Publish DEIS /. Public
Meetings
February 2024
Board, Commissions,
Committees Updates
As soon as possible once
Draft Plan/DEIS are available
for public review.

Provide summary of
comments from the Town
(Town Council,
Commissions, and
Committees) to FS
Two weeks after close of
comment period
Development of Final
EIS/Draft Decision
April 2024-August 2024
Provide draft
versions of response to
comments for areas of
Town expertise
May 2024
Provide staff comments re:
firstscreen responsesto
comments/FEIS
W/i 2 weeks of receipt

Appendix 2 - Conceptual Work Plan and Schedule
Memorandum of Understanding between Town of Mammoth Lakes and the USDA, Forest Service

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Consider Town staffs’
comments on
responses to public
comments.

Incorporate as
appropriate.

Submit FEIS for
publishing
June 2024
Notice of Objection Issue Notice of
Objection, FEIS, and
Draft Record of
Decision
August 2024
Provide copies of
objections to Town
W/i 2 weeks of end of
Objection Filing Period
Provide Town comments to FS W/i 2 weeks of objection
receipt
Objection Process Coordinate Objector
Meetings (requested
by Reviewing Officer
or Objector)
Participate in Objector
Meetings if warranted/
desired
As needed (January 2025)
Record of Decision Publish ROD / Notice
of Plan Approval
March 2025
Implement Decision Set up meetings to
implement actions
needing cooperation
(develop signs, maps,
online information
sharing for decision)
Participate in meetings with Inyo
National Forest staff and
cooperatively develop education
and information sharing as
needed
April – July 2025

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Agreements with Mammoth Unified School District (MUSD) and Mono County Office of Education (MCOE) for a one-month lease extension and a five-year lease to convert the existing Ice Rink Site to a Community Pickleball and Multi-Use Complex.

Council Meeting Date: 3/1/2023
Prepared by: Stuart Brown, Parks and Recreation Director Recommended Motion: Approve the agreements with MUSD and MCOE for a one-month lease extension and a five-year lease to convert the existing Ice Rink Site to a Community Pickleball and Multi-Use Complex.

Summary: On July 6, 2022 Town Council authorized the Town Manager to negotiate with the Mammoth Unified School District (MUSD) and Mono County Office of Education (MCOE) for a new lease agreement for the adaptive reuse of the existing Multi-use Facility site (Ice Rink/Rec Zone). The Town has held a lease agreement since 2007 with MUSD and MCOE to operate a Multi-Use Facility on approximately two and a half acres of land adjacent to the MUSD Offices/Library.

The lease agreement facilitated the development of a community Ice Rink/RecZone utilizing a concrete slab and related infrastructure (Ice Rink), that has been in operation since 2011 serving over 80,000 users. The current operating lease amendment is set to expire on February 28, 2023; however, the Town desires to extend the lease to continue to operate the outdoor ice rink through March 31, 2023. The proposed lease will allow the Town to continue to maintain and transition the site to the uses as proposed. Based on community feedback, requests from recreation enthusiasts and support from the Parks and Recreation Commission, the Town is planning to repurpose the existing “ice rink” site for non-fee recreation uses that includes the installation, operation, and maintenance of six (6) regulation pickleball courts to meet the recreation and athletic needs of the community. In addition, the site may include such activities as horseshoes, corn hole, or similar games with a maintained picnic area, restrooms, trash, lights, etc.

In conversations with the MUSD Superintendent and staff, MUSD is evaluating uses for the site over the next five years, allowing the Town to program this space for non-fee based recreation uses. The requested lease term is to commence on April 1, 2023 for a term of 5 years, with an option to extend the Agreement for one-year (1) time periods by mutual agreement.

Town staff presented the one-month lease extension and the new 5-year lease agreement to the MUSD Board of Trustees for the proposed use of the Multi-use Facility (ice rink) site on February 16, 2023 and they were both unanimously approved. The lease agreements for the proposed use of the Multi-use Facility site with MUSD and MCOE are provided for consideration by Town Council.

1 TOWN COUNCIL STAFF REPORT
Subject: Lease Agreements with the Mammoth Unified School District and Mono County Office of Education for the extended use of the Multi-use Facility (ice rink) site.

Meeting Date: March 1, 2023
Written by: Stuart Brown, Parks and Recreation Director RECOMMENDATIONS:

1. Approve a 1-month extension of the current amended lease agreement for the Mammoth Ice Rink Site with the Mammoth Unified School District and Mono County Office of Education in the amount of $4,200.

2. Approve a new 5-year lease agreement with the Mammoth Unified School District and Mono County Office of Education to convert the existing Mammoth Ice Rink site to a community Pickleball and Multi-Use Complex for $1.00 per year.

BACKGROUND:

On July 6, 2022 Town Council authorized the Town Manager to negotiate with the Mammoth Unified School (District) and Mono County Office of Education (MCOE) for a new lease agreement for the adaptive reuse of the existing Multi-use Facility site (Ice Rink/Rec Zone). The Town has held a lease agreement since 2007 with the District and MCOE to operate a Multi-Use Facility on approximately two and a half acres of land adjacent to the District Offices/Library.

The lease agreement facilitated the development of a community Ice Rink/RecZone utilizing a concrete slab and related infrastructure (Ice Rink), that has been in operation since 2011 serving over 80,000 users. The current operating lease amendment is set to expire on February 28, 2023, however, the Town desires to extend the lease to continue to operate the outdoor ice rink through March 31, 2023. The proposed lease will allow the Town to continue to maintain and transition the site to the uses as proposed. Based on community feedback, requests from recreation enthusiasts and support from the Parks and Recreation Commission, the Town is planning to repurpose the existing “ice rink” site for non-fee recreation uses that includes the installation, operation and maintenance of six (6) regulation pickleball courts to meet the recreation and athletic needs of the community. In addition, the site may include such activities as horseshoes, corn hole, or similar games with a maintained picnic area, restrooms, trash, lights, etc.

In conversations with the District Superintendent and staff, the District is evaluating uses for the site over the next five years, allowing the Town to program this space for non-fee based recreation uses. The requested lease term is to commence on April 1, 2023 for a term of 5 years, with an option to extend the Agreement for one-year (1) time periods by mutual agreement.

2 Town staff presented the one-month lease extension and the new 5-year lease agreement to the Mammoth Unified School District Board of Trustees for the proposed use of the Multi-use Facility (ice rink) site on February 16, 2023 and they were both unanimously approved. The lease agreements for the proposed use of the Multi-use Facility site with the District and MCOE are discussed in greater detail below and are provided for consideration by Town Council.

ANALYSIS/DISCUSSION:

A. One (1) Month Lease Extension Agreement with the District/MCOE.

The construction of the Community Recreation Center (CRC) has taken longer than planned, with a current estimated opening of summer 2023. With the delayed opening, the Town is planning to continue to use the existing Mammoth Ice Rink Site for ice-related activities through March 31, 2023. Operations may terminate prior to this date depending on when ice conditions deteriorate, and operations are no longer possible. The current term of the lease agreement was through February 28, 2023. As per the amended lease agreement executed on October 27, 2022, the Town will pay an additional $4,200 for the month of March. Inclusive of this additional one-month payment, the total contract amount paid to the District for this fiscal year is $37,800. All other requirements under the lease would continue to be met such as site maintenance, snow removal, student discounts and dedicated time for school uses.

A one (1) Month Lease Extension and Fee Agreement for the Mammoth Ice Rink Site is provided for consideration by the Mammoth Lakes Town Council.

B. New 5-year Lease Agreement with the District/MCOE to convert the existing Ice Rink site to a Community Pickleball and Multi-Use Complex.

The new Community Recreation Center (CRC) will be open and available to the public year-round, with the new “LA Kings Ice at Mammoth Lakes” operating each winter season between the months of October and April providing a multitude of “ice sports” for residents and visitors. During the summer months, the Olympic-sized rink will be transformed into a fully programmable, multi-use RecZone, which will serve as the “court sport” hub for the expanding Parks and Recreation Department’s summer camps and programs and for community and visitor use. As planned, the Town does not intend to continue to operate the outdoor Ice Rink/RecZone at the current location with the opening of the CRC.

The existing ice rink site is located on approximately 2.5 acres of Mammoth Unified School District (MUSD) and Mono County Office of Education (MCOE) property, adjacent to the Mammoth Lakes Library (See Exhibit A below). The proposed lease term is to commence on April 1, 2023 for a term of 5 years, with an option to extend the Agreement for one-year (1) time periods

3 by mutual agreement. The agreement may be terminated by the parties following 90 days written notice by a party to the other parties at any time during the term.

The existing infrastructure (concrete slab, perimeter fence, restrooms, garage, lights, etc.) at the existing Ice Rink Site is in relatively decent shape and may be used for other recreational purposes until such time that the District or MCOE develop the site for other uses. Based on community feedback, requests from recreation enthusiasts, and support from the Parks and Recreation Commission, the Town is planning to repurpose the existing “ice rink” site for non-fee recreation uses that includes the installation, operation and maintenance of six (6) regulation pickleball courts to meet the recreation and athletic needs of the community (see Exhibit below). In addition, the site may include such activities as horseshoes, corn hole, or similar games with a maintained picnic area, restrooms, trash, lights, etc. The facility will be made available for public recreation use on a first-come, first-serve basis, with the exception of MUSD/MCOE and Town Parks and Recreation programs that will have priority use.

4 Exhibit – Conversion of Ice Rink to 6 Pickleball Courts The Town has set aside $100,000 (FY2022/23 Budget) to invest in enhancing the site for community benefit. If a new lease is approved by Town Council, work will be scheduled this spring/summer as per the subsequent Agreement with AllSport America Inc. On February 16, 2023, the District approved a reduced lease payment of $1.00 per year for the community

5 recreation amenity as the Town will not be collecting fees for public court use (only for uses that have direct cost expenses to the Town, i.e., Tournaments). However, the Town is committed to continue to secure and fund snow removal for access and parking areas as defined in the lease agreement (average annual cost of approx. $30,000). In addition, the Town is committed to provide the District/MCOE with pre-requested exclusive use of the community pickleball courts and multiuse complex between 7:30am and 12:00pm on all days in which school is in session and nonexclusive use at other times Monday through Friday for school PE classes, functions or other school use.

As per the previous agreement, the Town is committed to the ongoing maintenance and operation of the proposed community pickleball courts and multi-use complex in a safe and sound condition, including compliance with any governmental requirements related to the construction and operation of the facility. The Town will also be responsible for the removal of improvements and rehabilitation of the property with re-vegetation with indigenous plants, soil stabilization. etc., upon the expiration of this Agreement, unless an alternate agreement is executed by the parties.

The proposed lease term is to commence on April 1, 2023 for a term of 5 years, with an option to extend the Agreement for one-year (1) time periods by mutual agreement. A new lease agreement is attached for the Mammoth Lakes Town Council consideration.

FINANCIAL CONSIDERATIONS:

Funds for the additional one-month lease extension ($4,200) will be expensed to the existing ice rink budget, while the $1.00 year and snow removal expenses will be budgeted accordingly.

ENVIRONMENTAL CONSIDERATIONS:

Environmental considerations are outlined in the Agreement under Section 7.

LEGAL CONSIDERATIONS:

The Town Attorney has reviewed the lease agreement which outlines the legal conditions and responsibilities of the Parties. This agreement may be terminated by the parties following 90 days written notice by a party to the other parties at any time during the term.

ATTACHMENTS:

A. One (1) month lease term extension and lease payment agreement with the Mammoth Unified School District and Mono County Office of Education for the existing Ice Rink site.

B. New 5-year lease agreement with the Mammoth Unified School District and with the Mono County Office of Education to convert the existing Ice Rink site to a community Pickleball and Multi-Use Complex.

Multi-Use Facility Lease Term Extension and Lease Payment (Mammoth Ice Rink Site)
Whereas: On October 27, 2022, a Multi-use Facility Lease Term Extension and Lease Payment Agreement (“Agreement”) was approved by and between the Mammoth Unified School District, a California public school district located in the County of Mono, California, (“District”), the Mono County Office of Education (“MCOE”) and the Town of Mammoth Lakes (“Town”). District, MCOE and Town may be individually referred to herein as a “Party” or collectively referred to herein as the “Parties”, agree to the following extension of the Agreement:
1) The Parties agree to extend the Term of the Agreement from February 28, 2023 to March 31, 2023.
2) The Parties agree to a one (1) month lease payment of $4,200 for the extended Term of the Agreement.
3) The Parties acknowledge that all other Terms and conditions of the Agreement continue in full force and effect.

Accepted and Agreed on the date indicated below:

Dated: __________________, 2023
Mammoth Unified School District
_____________________________
Name: _______________________
Title: ________________________
Mono County Office of Education
_____________________________
Name: _______________________
Title: ________________________
Town of Mammoth Lakes
____________________________
Daniel C. Holler
Town Manager

1 LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this ____ day of _______, 2023, by and between the Mammoth Unified School District, (“DISTRICT,”) the Mono County Office of Education, (“MCOE,”) and the Town of Mammoth Lakes, (“TOWN”) collectively referred to as the “PARTIES”). The PARTIES hereby agree as follows:

1. RECITALS

1.1 DISTRICT and MCOE are the owners of real property (APN 35-010-37 and APN 35-010- 41) located on the south side of Meridian Blvd, east of the intersection of Sierra Park Road, described more particularly in Exhibit A, attached hereto, and incorporated herein. (“PROPERTY”).

1.2 The PROPERTY is currently not planned for the development of educational facilities and would provide a location with ready access to Mammoth High School, Mammoth Middle School, Mammoth Elementary School, Jan Work Community School, Mammoth Olympic Academy for Academic Excellence and Sierra High School students for use in future physical education programs.

1.3 DISTRICT, MCOE and TOWN are mutually interested in supporting adequate programs for the community in the areas of education, athletics and recreation.

1.4 Representatives of DISTRICT, MCOE and TOWN, as identified in paragraph 6.7 are authorized to enter into agreements with each other and to do any and all things necessary to meet the obligations of their agencies.

1.5 DISTRICT and MCOE are responsible for the public education of students in the community and their respective districts, including physical education and other athletic activities related to the education program.

1.6 TOWN has established a Parks and Recreation Department to be responsible for carrying out the purpose of community athletic and recreation programs.

1.7 DISTRICT, MCOE and TOWN are stewards of public lands of Town; and because it is in the interest of the community and of the respective agencies to provide the best possible service to meet their obligations with the least possible expenditure of public funds, cooperation of the agencies is necessary and will benefit all entities.

1.8 DISTRICT, MCOE and TOWN recognize that the PROPERTY can be used to meet broader community needs for education, athletics and recreation than any party can provide separately.

1.9 TOWN is interested in repurposing the existing “ice rink” site on the PROPERTY for nonfee based recreation uses that include the installation, operation and maintenance of six (6) regulation pickleball courts and possibly such activities as horseshoes, corn hole, or similar

2 games with a maintained picnic area, restroom building, trash, lights, etc. to meet the recreation and athletic needs of the community, hereinafter collectively referred to as the FACILITY.

1.10 DISTRICT and MCOE are interested in allowing TOWN the use of PROPERTY for five (5) years, beginning on the date of this Agreement, with an option to extend the Agreement for one-year (1) time periods by mutual agreement of all PARTIES.

1.11 TOWN is interested in a use and lease agreement for the installation, operation and maintenance of the FACILITY for the same term stated in Paragraph 1.8 above.

1.12 TOWN intends to be fully responsible for the maintenance and operation of the FACILITY and all improvements installed on the PROPERTY, to maintain the PROPERTY in a safe and sound condition, and to rehabilitate the PROPERTY, including revegetation, upon the expiration of this Agreement, unless an alternate agreement is executed by the PARTIES.

2. PROPERTY

2.1 DISTRICT hereby leases to TOWN approximately 2.5 acres of the PROPERTY currently owned by DISTRICT and generally described as the area of the PROPERTY nearest to the MCOE property line, to construct and operate the FACILITY.

2.2 MCOE hereby leases to TOWN approximately 2.5 acres of the PROPERTY currently owned by MCOE and generally described as the area of the PROPERTY nearest to the DISTRICT property line, for the purpose of parking, pedestrian access, signage, and utility connections.

2.3 A site map of the PROPERTY, showing the total leased area, with a clear depiction of any and all improvements, landscaping, parking and/or access governed by or referenced in this Agreement is attached hereto as Exhibit “A”.

3. TERM

3.1 The term of this Agreement shall be for five (5) years, beginning on April 1, 2023, with an option to extend the Agreement for one-year (1) time periods by mutual agreement of all PARTIES under the same terms and conditions.

4. ASSIGNMENT AND SUBLETTING

4.1 The TOWN may not assign its rights or sublease the FACILITY or any portion of the PROPERTY, to any other organization without the consent and approval of DISTRICT and MCOE, and any such sub-lease will be subject to all conditions and requirements of this Agreement, and all applicable local, state and federal laws. This provision does not prohibit the TOWN from contracting for services with outside entities or from renting the FACILITY for activities permitted under this AGREEMENT.

5. PAYMENTS

3 5.1 Town shall pay to DISTRICT the sum of $1.00 for the lease of the PROPERTY per year for the term of the Agreement with the first payment due on or before April 30, 2023 and each subsequent payment due by April 30th of each year thereafter.

5.2 The lease rate shall be fixed for the initial five-year term of this Agreement. For any subsequent years, the lease rate will remain the same or shall be as otherwise negotiated and mutually agreed to by the PARTIES.

5.3 Payment for utility services pursuant to Paragraph 7.2, and other costs to be borne by TOWN, shall be in addition to the lease payment in Paragraph 5.1.

5.4 TOWN agrees to work cooperatively with the PARTIES to design, construct and install a new sign that will identify the FACILITY and other uses.

6. DESIGN AND INSTALLATION OF COMMUNITY PICKLEBALL COURTS

6.1 The PARTIES agree to explore the expansion of the potential uses of the FACILITY and the PROPERTY to include the design and development of passive community recreation uses on top of the existing ice rink concrete slab and adjacent areas.

6.2 TOWN may make changes to the ice rink slab area in order to facilitate non-fee based community recreation uses that include the installation of up to six (6) regulation pickleball courts as proposed in the conceptual site plan (attached hereto as Exhibit “B”). Any improvements will be limited to the area within the existing concrete ice rink slab. The courts are permitted to be contained utilizing the existing dasherboard system, and striped and surfaced with temporary sleeve posts and netting. TOWN will be solely responsible for execution and cost of the work. TOWN will also remove from the site ice rink components such as chiller equipment, unused storage trailers, and any other amenities not required for the proposed recreation use. All underground infrastructure, including lighting, parking and buildings on permanent foundations will remain to support the recreation uses. Improvements for other uses as provided herein are allowed on adjacent surfaces, which may be paved, matted, or natural.

6.3 Prior to the repurposing of the ice rink slab, both Superintendents of the DISTRICT and MCOE shall approve the design, in writing, of the FACILITY.

6.4 Once the final design is approved, DISTRICT and MCOE agree to allow typical and necessary installation efforts to occur on the PROPERTY to facilitate completion of the conversion of the FACILITY.

6.5 TOWN agrees to obtain and pay the costs of any permits required to convert the FACILITY, and agrees to install the FACILITY subject to all required permits, conditions and approvals of TOWN, State of California and applicable agencies, at no cost to DISTRICT or MCOE.

6.6 The PARTIES agree to share existing parking spaces located on Assessor’s Parcel Numbers 35-010-37 and 35-010-41, estimated to be approximately 112, for the purpose of accommodating parking for the Library, administration classroom buildings of MCOE and DISTRICT and the

4 FACILITY. MCOE and DISTRICT also agree to allow “overflow” parking on Mammoth High School property during weekends, scheduled school holidays and any other time when school is not in session, including summers. MCOE and DISTRICT may limit or cease use of shared parking if parking becomes problematic, as determined by MCOE and DISTRICT.

6.7 The Superintendent of DISTRICT, The Superintendent of Schools for MCOE and the Town Manager of TOWN are authorized and agree to sign any and all required applications, as the property owners and lessee/applicant, necessary for the construction and operation of FACILITY.

6.8 TOWN agrees to comply with all provisions of Education Code sections 45125.1 and 45125.2. Pursuant to Education Code sections 45125.1 and 45125.2 TOWN shall conduct criminal background checks of all employees and contractors assigned to work on DISTRICT property, and shall certify that no employees or contractors who have been convicted of serious or violent felonies, as specified in Education Code Section 45122.1, will have contact with pupils. At DISTRICT’S and/or MCOE’s sole discretion, either may make a finding, as authorized under Education Code Sections 45125.1 and 45125.2, that TOWN’S employees and contractors will have only “limited contact” with pupils. TOWN’S failure to comply with this law shall be considered a material breach of this Agreement upon which this Agreement may be terminated, at DISTRICT’S and/or MCOE’s sole discretion. TOWN represents that it anticipates that the construction of the FACILITY performed under the Agreement will involve no or limited contact with DISTRICT and/or MCOE students on any DISTRICT and/or MCOE property. Pursuant to Education Code Section 45125.2, TOWN shall ensure the safety of pupils at DISTRICT and MCOE premises through the installation of a physical barrier at the worksites.

6.9 DISTRICT and MCOE represent and warrant to TOWN that they have no knowledge of any substance, chemical or waste on or affecting the PROPERTY that is identified as hazardous, toxic or dangerous under any applicable federal, state or local law or regulation (collectively, “Hazardous Substance”). 1f, at any time during the term of this Agreement, a Hazardous Substance is discovered on the PROPERTY, TOWN shall immediately remove, cleanup and remediate the Hazardous Substance or, at TOWN’s option, terminate this Agreement pursuant to Article 12 and return the site to DISTRICT and MCOE in its original condition. TOWN further agrees that it will not introduce or use any Hazardous Substance on the PROPERTY in violation of any applicable law, and TOWN will indemnify, defend and hold harmless DISTRICT and MCOE from and against all claims arising out of TOWN’S breach of this Paragraph. The indemnity obligations under this Paragraph will survive termination of this Agreement.

6.10 DISTRICT and MCOE agree to allow TOWN reasonable and ample time to implement the installation and operation of the FACILITY.

7. USE OF PROPERTY

7.1 TOWN’S Obligations
a. TOWN agrees to use the FACILITY for athletic and recreational uses and other educational, cultural, athletic and recreation purposes that can be fully accommodated within the

5 confines of the PROPERTY as shown on Exhibit “A”. This may include, but is not limited to any of the following: pickleball, community events, or other associated tournaments (i.e. Corn Hole) and leagues.
b. TOWN agrees to obtain all permits and licenses required to operate the FACILITY and agrees to operate the FACILITY subject to all required permits, conditions and approvals of Town, State of California and applicable agencies, at no cost to DISTRICT and MCOE. c. TOWN shall be fully responsible for the ongoing maintenance and operation of the FACILITY in a safe and sound condition, including any and all unforeseen fees and governmental requirements.
d. The TOWN agrees to maintain the FACILITY in a neat, orderly and sanitary condition and make necessary improvements to create a quality experience for the user. It is understood and agreed that TOWN will provide janitorial service, necessary restroom supplies, and keep premises in proper order and repair, except as to damage caused by DISTRICT and/or MCOE, which damage DISTRICT and/or MCOE agree to repair.
e. The TOWN shall be solely responsible for all safety precautions in or around the FACILITY to ensure the public is protected from any potential danger to include, but not limited to: adequate containment fencing, securing the FACILITY with locks, and/or other safety measures. Additionally, the TOWN is responsible for and has the right to install any warning signs on or about PROPERTY as required by federal, state or local law. f. Maintenance of the sewer system will be shared by Library and FACILITY unless the problem is specific to either FACILITY. Parties can meet to discuss any potential shared expenses.
g. TOWN will be fully responsible for rehabilitation of the PROPERTY, including revegetation with indigenous plants, but excepting reasonable wear and tear, upon the expiration of this Agreement, unless an alternate agreement is executed by the PARTIES.

7.2 Utilities
a. TOWN shall pay for all utilities, including, but not limited to: sewer, water, electricity, propane, and trash to service the FACILITY.
b. DISTRICT and MCOE shall grant to TOWN and all local utility companies (as appropriate) any easement(s) reasonably required by TOWN or the utility companies for the life of this Agreement in order to provide utility service required by TOWN for the installation, operation or maintenance of the FACILITY and shall execute any instrument(s) reasonably necessary to evidence such rights.

7.3 Parking and Snow Removal
a. TOWN shall not charge a fee for parking at the FACILITY.

6 b. TOWN shall make reasonable efforts to ensure parking areas in front of the Library within the FACILITY are accessible during scheduled operating hours. c. TOWN agrees to perform all snow removal, at its expense, in the Library parking lot, on the road leading to the Library parking lot, the drop-off circle, the driveway leading to the FACILITY parking lot and the upper FACILITY parking lot. TOWN may clear snow around the FACILITY and modular building and paths to protect surfaces, fencing, buildings etc. TOWN will not clear the snow around the Library or on the paths leading to the Library.

7.4 Operation of the Community Pickleball Courts and Multi-use Complex a. TOWN shall prepare written site operating rules consistent with: federal, state, and local laws; adopted DISTRICT and MCOE policies, procedures and regulations; and adopted TOWN ordinances. Should DISTRICT or MCOE wish to modify a policy, procedure or regulation which affects the use of the PROPERTY, after TOWN has taken possession thereof, a representative of TOWN shall be included in any discussion of said modification. b. The FACILITY shall be made available to the general public on a first-come, firstserved basis outside of pre-requested times by the DISTRICT/MCOE or the TOWN. c. TOWN agrees to provide DISTRICT and MCOE pre-requested exclusive use of the FACILITY between 7:30am and 12:00pm on all days in which school is in session and nonexclusive use at any other time Monday through Friday for school PE classes, functions and sports. TOWN agrees to work with DISTRICT/MCOE for occasional exclusive use to accommodate special school or sporting events excluding weekends and holidays. There shall be no fees or costs associated with school PE classes, sports or special event use, but TOWN shall not be obligated to provide any equipment for such uses. d. TOWN agrees to comply with all applicable laws, statutes, and regulations, of any governmental authority regarding the sale of alcoholic beverages at the FACILITY. e. Advertising and sponsorships are a means of supporting the operational maintenance cost of the FACILITY and therefore, signage, plaques, banners and similar media (collectively “Signage”) shall be allowed on the interior of the PROPERTY as permitted by law. Outdoor signage identifying the “community pickleball courts” shall also be allowed as permitted by law subject to the approval of DISTRICT and MCOE, which approval shall not be unreasonably withheld. TOWN may advertise the programs in publications and other media, at its own cost. f. TOWN agrees that there will be no charge to all DISTRICT and MCOE students during those hours when the FACILITY is open to the general public. No equipment rentals will be provided by the TOWN.
g. Notwithstanding the exclusive and non-exclusive use by the DISTRICT and MCOE at no charge pursuant to paragraph 7.4(c) or the no charge use for MCOE and DISTRICT students pursuant to paragraph 7.4(f), TOWN may charge user fees for services, maintenance, material,

7 labor and overhead, which fees shall be set at TOWN’s discretion and solely allocated to TOWN to offset the costs of maintaining and operating the FACILITY. However, it is the intent of TOWN to provide the community pickleball courts and associated activities at no-charge on a first come, first-served basis to the community, unless TOWN incurs costs associated with community events, tournaments and leagues as described in paragraph 7.1(a). h. TOWN agrees to comply with its own noise ordinances in the operation of the FACILITY TOWN further agrees to work cooperatively and collaboratively with MCOE and/or District should the activities conducted at the FACILITY unreasonably interfere with the normal operation of surrounding businesses, including the adjacent Library. While it is understood that individual large events may be noisy, large numbers of consecutive events which are consistently audible inside the Library may result in an unreasonable impact on use of the Library, including an unreasonable reduction in available parking. In such circumstances, DISTRICT and MCOE may object to future activities when reviewing the Annual Operations Plan pursuant to paragraph

7.6 in an effort to reduce these impacts.

7.5 Uses Prohibited
a. The PROPERTY shall not be used except for the purposes specified in this Agreement. b. TOWN shall not do or permit anything to be done in or about the PROPERTY that will in any way unreasonably obstruct or interfere with the rights of DISTRICT and/or MCOE, or injure or annoy DISTRICT and/or MCOE, or use or allow the PROPERTY to be used for any unlawful or unreasonably objectionable purpose, nor shall the TOWN cause, maintain or permit any nuisance in or about the PROPERTY.
c. TOWN shall not commit or suffer to be committed any waste in or upon the PROPERTY.
d. TOWN shall not use the PROPERTY or permit anything to be done in or about the PROPERTY that will in any way conflict with any applicable law, statute, ordinance or governmental rule, or regulation or requirement.

7.6 TOWN shall prepare an Annual Operations Plan identifying proposed activities and events within the FACILITY and discuss that Plan with designees from MCOE and the DISTRICT with the objective of addressing potential impacts to all parties of the proposed activities and events.

If MCOE and/or DISTRICT has an objection to a proposed activity, said PARTIES will work cooperatively with the TOWN to modify any objectionable activities or events to remove the stated objections, if possible.

8. DAMAGE OR DESTRUCTION OF PROPERTY

8.1 If the PROPERTY is totally destroyed by fire or other casualty, or the PROPERTY cannot be restored as required herein under applicable laws and regulations, notwithstanding the availability of insurance proceeds, then, upon agreement between all PARTIES, this Agreement shall terminate effective the date of the total loss.

8 8.2 Neither DISTRICT nor MCOE shall be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any improvements installed in the PROPERTY by TOWN or at the direct or indirect expense of the TOWN. TOWN may restore or replace same if damaged. TOWN shall have no claim against DISTRICT or MCOE for any damage suffered by reason of any such damage, destruction, repair or restoration unless caused by the sole negligence or wrongful intentional acts of DISTRICT or MCOE.

8.3. Loss due to fire or other natural disaster will not relieve TOWN of the obligation to rehabilitate the PROPERTY as provided for in this Agreement.

9. INSURANCE

9.1 General Liability Insurance. DISTRICT and MCOE acknowledge that TOWN may satisfy some or all of its insurance obligations hereunder through participation in the California Joint Powers Insurance Authority (CJPIA) or another joint powers self-insurance pool, rather than by procuring traditional commercially available insurance. TOWN agrees to furnish DISTRICT and MCOE with a Certificate or Evidence of Insurance evidencing coverage under a Commercial General Liability Insurance Policy (“GL Policy”). The GL Policy shall provide limits of no less than $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage, and for those policies where aggregates are applicable, a $4,000,000 aggregate limit. Certificate of Insurance will be provided by the CJPIA. a. The GL Policy shall include coverage for bodily injury (including death) and property damage arising out of the use of all owned, non-owned and hired vehicles. b. The GL Policy shall name the DISTRICT and MCOE, its officers, elected and appointed officers, board members, employees, volunteers and agents as additional insureds by applicable endorsement.
c. The GL Policy shall include a provision that the insurance shall not be cancelled without first providing DISTRICT and MCOE thirty (30) days written notice of cancellation.

9.2 Pollution Liability Insurance. TOWN agrees to furnish DISTRICT and MCOE with a Certificate or Evidence of Insurance evidencing coverage under a Pollution Liability Insurance Policy (“PL Policy”) or Pollution Liability coverage under the GL Policy by endorsement as provided by the CJPIA.

9.3 Excess/Umbrella Liability Insurance. TOWN is not required to obtain Excess/Umbrella Liability Coverage. However, if TOWN does obtain such insurance and it provides coverage for the FACILITY, TOWN shall name DISTRICT and MCOE as additional insureds by applicable endorsement.

9.4 Property Insurance/Fire Policy. The TOWN agrees to furnish DISTRICT and MCOE with a Certificate or Evidence of Insurance evidencing a Commercial Fire Insurance Policy or Property Insurance Policy which includes fire coverage (“Fire or Property Policy”). The Fire Policy shall

9 provide coverage equal to the replacement value of the property upon a total loss. The certificate will be provided by the CJPIA or maybe included in the “GL Policy.”

9.5 District/MCOE Insurance. At all times when DISTRICT and/or MCOE conduct their own programs at or within the FACILITY, DISTRICT and MCOE shall carry their own general liability insurance with limits of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate limits to cover the participants in said programs. a. DISTRICT and/or MCOE shall provide a Certificate or Evidence of Insurance to TOWN prior to use of the FACILITY.
b. Any general liability policy obtained by DISTRICT or MCOE for their own programs at or within the FACILITY shall name TOWN, its officers, elected and appointed officers, board members, employees, volunteers and agents as additional insureds by applicable endorsement.

10. INDEMNIFICATION
a. TOWN shall indemnify, hold harmless, and defend DISTRICT and MCOE, their trustees, elected and appointed officers, board members, employees, volunteers and agents against and from any and all claims, demands, actions, suits, losses, liability, expenses and costs for any injury, death or damage to any person or property occurring in, on or about the PROPERTY after DISTRICT and MCOE deliver possession of the PROPERTY to TOWN, or arising from the TOWN’S use of the PROPERTY or TOWN’s possession operation or maintenance of the FACILITY excepting those claims, demands, actions, suits, losses, liability, expenses and costs arising out of or relating to obligations of DISTRICT and MCOE as they relate to the PROPERTY or caused by the sole negligence or wrongful intentional acts of DISTRICT and/or MCOE, their employees, agents, officers and invitees.
b. DISTRICT and MCOE shall indemnify, hold harmless, and defend TOWN, their trustees, elected and appointed officers, board members, employees, volunteers and agents against and from any and all claims, demands, actions, suits, losses, liability, expenses and costs for any injury, death or damage to any person or property occurring in, on or about the PROPERTY arising from the DISTRICT’s or MCOE’s use of the PROPERTY excepting those claims, demands, actions, suits, losses, liability, expenses and costs arising out of or relating to obligations of TOWN as they relate to the PROPERTY or caused by the sole negligence or wrongful intentional acts of TOWN, their employees, agents, officers and invitees.

11. NOTICES
All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either party to the other will be in writing and will be deemed given and served upon the other party, if delivered personally or by depositing in the United States mail, postage prepaid, addressed to:

If to the TOWN:

Town of Mammoth Lakes

10 437 Old Mammoth Road, Suite 230
P.O. Box 1609
Mammoth Lakes, CA 93546
Attn: Town Manager
If to the DISTRICT:

Mammoth Unified School District
1601 Meridian Boulevard
P.O. Box 3509
Mammoth Lakes, CA 93546
Attn: Superintendent
If to MCOE:

Mono County Office of Education
1651 Meridian Boulevard
P.O. Box 130
Mammoth Lakes, CA 93546
Attn: Superintendent

12. TERMINATION

12.1 This Agreement may be terminated by the PARTIES following 90 days written notice by a PARTY to the other PARTIES, at any time during the term.

12.2 If this Agreement terminates by expiration of the agreed upon terms as set forth in paragraph 3.1, TOWN shall, upon termination of this Agreement, remove any structures and/or fixtures affixed to the PROPERTY and rehabilitate the property as provided for in this agreement.

12.3 If the DISTRICT or MCOE terminates this Agreement prior to its expiration of its term pursuant to Paragraph 12.1, TOWN shall rehabilitate the site as provided for in this Agreement.

12.4 If TOWN terminates this Agreement prior to its expiration of the lease term pursuant to Paragraph 12.1, TOWN shall rehabilitate the Property as provided for in this Agreement.

13. COMPLIANCE WITH LAWS

13.1 Notwithstanding anything to the contrary in this Agreement, the PARTIES shall ensure that any and all activities they perform pursuant to this Agreement shall specifically comply with all applicable laws, statutes, regulations, permits, ordinances and orders of any governmental authority.

13.2 Without limiting the generality of paragraph 14.1, PARTIES shall comply with all applicable provisions of all laws, statutes, regulations, rules, guidelines, policies, orders, permits, ordinances and orders of any governmental authority relating to environmental matters and/or occupational safety.

11 14. APPLICABLE LAW
This Agreement has been made and entered into in the State of California and the laws of the State of California will govern the validity and interpretation of this Agreement, including the performance of the PARTIES hereunder.

15. ENTIRE AGREEMENT
This Agreement sets forth the entire Agreement between the parties with respect to the PROPERTY and uses stated above. All parties must in form of a written amendment agree to any modifications.

16. SEVERABILITY
Whenever, possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement will be invalid under the applicable law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

17. AMENDMENTS
This Agreement may be amended at any time but only by the mutual agreement of the PARTIES and only when the PARTIES memorialize the agreement to amend in writing.

18. WAIVER
The failure of TOWN, DISTRICT or MCOE to insist upon strict performance of any of the terms, conditions, or covenants in this Agreement will not be deemed a waiver of any right or remedy which TOWN, DISTRICT, or MCOE may have and will not be deemed a waiver of any right of remedy for a subsequent breach or default of the terms, conditions, or covenants herein contained.

19. BINDING EFFECT
This Agreement and all the terms, conditions and agreements herein contained will be binding upon and inure to the benefit of the parties hereto and their respective successors.

20. AUTHORITY TO EXECUTE
The persons signing this Agreement warrant that they are duly authorized to sign it on behalf of the persons and entities being bound.

21. COUNTERPARTS

12 This Agreement may be executed in counterparts, all of which, taken together, shall be deemed an original.
[signatures on following page]

13 SIGNATURE PAGE TO LEASE AGREEMENT
IN WITNESS WHEREOF, this Lease Agreement has been duly approved by TOWN, DISTRICT and MCOE.

Town of Mammoth Lakes
_____________________________
Name: Daniel C. Holler
Title: Town Manager
Mammoth Unified School District
_____________________________
Name:

Title:

Mammoth County Office of Education
_____________________________
Name:

Title:

14 EXHIBIT A

15 EXHIBIT B

1 Town Council, March1, 2023 Page 89 of 183
1-Month Lease Extension
2 • Winter operations have been severely
impacted by this season’s impressive
snowfall affecting many leagues, lessons
and public skate sessions – in addition the
construction of the Community Recreation
Center (CRC) has taken longer than
planned, with a current estimated opening
of summer 2023.
• Based on these circumstances, the Town is
planning to continue to program the
existing Ice Rink Site through March 31,
2023. Operations may terminate prior to
this date depending on when ice conditions
deteriorate, and operations are no longer
possible. Page 90 of 183
1-Month Lease Extension
3 • The current lease term expires February
28, 2023.
• As per the amended lease agreement
executed on October 27, 2022, the Town
will pay an additional $4,200 for the
month of March.
• Inclusive of this additional one-month
payment, the total contract amount paid
to the District for this fiscal year is
$37,800.
• All other requirements under the lease
would continue to be met such as site
maintenance, snow removal, student
discounts and dedicated time for school
uses.

1-Month Lease Extension
4 • The Mammoth Unified School
District Board of Trustees
unanimously approved the new
1-month Lease Extension on
February 16, 2023.
• A one (1) Month Lease Extension
and Fee Agreement for the
Mammoth Ice Rink Site is provided
for consideration.

New 5-Year Lease
5 • The new Community Recreation Center (CRC) will be open and available to the public year-round, with the new “LA Kings Ice at Mammoth Lakes” operating each winter season between the months of October and April providing a multitude of “ice sports” for residents and visitors.
• During the summer months, the Olympic-sized rink will be transformed into a fully programmable, multi-use RecZone, which will serve as the “court sport” hub for the expanding Parks and Recreation Department’s summer camps and programs and for community and visitor use.
• The Town does not intend to continue to operate the outdoor Ice Rink/RecZone at the current location with the opening of the CRC.

New 5
-Year Lease
6 • The existing ice rink site is
located on approximately

2.5 acres of Mammoth
Unified School District
(MUSD) and Mono County
Office of Education (MCOE)
property, adjacent to the
Mammoth Lakes Library.
• The Town has held a lease
agreement since 2007 to
operate a Multi-Use Facility
serving over 80,000+
users.

New 5-Year Lease
7 • The existing infrastructure at the existing Ice Rink Site is in relatively decent shape and may be used for other recreational purposes until such time that the District or MCOE develop the site for other uses. • MUSD/MCOE indicated that they have no immediate plans (<5 years) for the site.
• Based on community feedback, requests from recreation enthusiasts, and support from the Parks and Recreation Commission, the Town is planning to repurpose the existing “ice rink” site for non-fee recreation uses that includes the installation, operation and maintenance of six (6) regulation pickleball courts.
• The site may include such activities as horseshoes, corn hole, or similar games with a maintained picnic area, restrooms, trash, lights, etc.

New 5-Year Lease
8 • The facility will be made available for public recreation use on a firstcome, first-serve basis, with the exception of MUSD/MCOE and Town Parks and Recreation programs that will have priority use.

New 5-Year Lease
9 • The proposed lease term commences on April 1, 2023 for 5- years, with an option to extend the Agreement for one-year (1) time periods by mutual agreement.
• $1.00 annual lease payment.
• May be terminated in 90-days by written notice by all Parties. • Town is committed to ongoing maintenance and operation. • Town is committed to fund snow removal for access and parking areas (average annual cost of approx. $30,000).
• Town continues to be responsible for the removal of
improvements and rehabilitation of the property with revegetation with indigenous plants, soil stabilization. etc., upon the expiration of this Agreement, unless an alternate agreement is executed by the parties.
• Includes District/MCOE prePage 97 of 183 -requested exclusive use.

Recommendation
10 1. Approve a 1-month extension of the current amended lease agreement for the Mammoth Ice Rink Site with the
Mammoth Unified School District and Mono County Office
of Education in the amount of $4,200.

2. Approve a new 5-year lease agreement with the
Mammoth Unified School District and Mono County Office
of Education to convert the existing Mammoth Ice Rink
site to a community Pickleball and Multi-Use Complex for $1.00 per year.

11 Town Council, March 1, 2023 Page 99 of 183
Background
12 This agreement combines two work items into one agreement with AllSport America Inc. to install a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 along with the installation of six (6) regulation Pickleball Courts on the District/MCOE Ice Rink site.

Tennis Courts 5/6
13 • On September 7, 2022, Town Council allocated $175,000 from the 4th quarter to repair and reopen courts 5/6 that are currently closed for play.
• After public input, review of the material by staff and players, and support from the Parks and Recreation Commission, staff selected the new SportGame™ Pickleball, a product of Sport Court (AllSport America, Inc.) - the leading multi-sport flooring system providers and installers.
• Sport tiles eliminate cracks, 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.

Tennis Courts 5/6
14 The scope of work with AllSport
America Inc. includes: • Repairing community courts 5/6 in preparation for the installation
of the SportGame Pickleball
Overlay Surface (approx. 14,400
sq. ft.)
•Installing one (1) fixed height
tempered-glass basketball
system on court #1
•Striping two (2) tennis courts on
courts 5/6, one basketball key
on court #1, and striping one
set of (1) pickleball lines on
court #2.
• Possibly replacing the two sets
of net posts on courts 5/6

Tennis Courts 5/6
15 The Sport Court modular system suspends over the existing cracked tennis court surface so cracks cannot telegraph through. This system also provides the opportunity to make repairs to the existing asphalt tennis court if needed in the future.

Pickleball and Multi-Use Complex
16 • Town Council approval of the new 5-year lease agreement with the District and MCOE for the extended use of the Multi-use Facility (ice rink) site provides the Town with the opportunity to convert the ice rink site to a community Pickleball and Multi-Use Complex. • Based on community feedback, requests from recreation enthusiasts and support from the Parks and Recreation Commission, the Town is planning to install, operate and maintain 6 regulation pickleball courts.
• In addition, the site may include such activities as horseshoes, corn hole, or similar games with a maintained picnic area, restrooms, trash, lights, etc.
• Funds for this project totaling $100,000 were approved by Town Council as part of the FY2022/23 Town Budget process.
• The conversion of this surface to a new recreational amenity was pursued in lieu of removal of the existing improvements.

Pickleball and Multi-Use Complex
17

Pickleball and Multi-Use Complex
18 The scope of work with AllSport
America Inc. begins in June and
includes:
• Prepare and clean the ice
rink concrete surface.
• Install 6 sets of pickleball
sleeve posts and nets.
• Installing Cushion
Extreme Pickleball subsurface on the entire
playing area (+1 foot).
• The colors of the courts
will be affirmed by the
Parks and Recreation
Commission.

Recommendation
19 Authorize the Town Manager to execute an Agreement with AllSport America, Inc. for the installation of a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 and the installation of 6 regulation Pickleball Courts on the District/MCOE Ice Rink/RecZone site in the amount of $275,000, including a not to exceed contingency* of $10,600.
*Staff has included a not to exceed $10,600 contingency in the agreement to address any items not included in the scope of work that will need to be addressed. For example, contingency funds may be needed to replace the two (2) sets of tennis posts on courts 5/6, in addition to any other required work to complete the projects. If sufficient funding remains in the contingency, staff is seeking Town Council’s approval to replace the basketball backboard at Shady Rest Park that is past its useful life and experiences high visitation in summer.

20

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Agreement with AllSport America, Inc. for the installation of a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 and the installation of 6 regulation Pickleball Courts on the existing ice rink site.

Council Meeting Date: 3/1/2023
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 on Community Tennis Courts 5/6 and the installation of 6 regulation Pickleball Courts on the District/MCOE Ice Rink/RecZone site in the amount of $275,000 that includes a contingency of $10,600.

Summary: This agreement combines two work items into one agreement with AllSport America Inc. to install a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 along with the installation of six (6) regulation Pickleball Courts on the District/MCOE Ice Rink site.

Town Council approval of the new 5-year lease agreement with the Mammoth Unified School District (District) and Mono County Office or Education (MCOE) for the extended use of the Multi-use Facility (ice rink) site provides the Town with the opportunity to convert the site to a community Pickleball and Multi-Use Complex. Based on community feedback, requests from recreation enthusiasts and support from the Parks and Recreation Commission, the Town is planning to install, operate and maintain six (6) regulation pickleball courts to meet the recreation and athletic needs of the community. In addition, the site may include such activities as horseshoes, corn hole, or similar games with a maintained picnic area, restrooms, trash, lights, etc. Funds for this project totaling $100,000 were approved by Town Council as part of the FY2022/23 Town Budget process.

On September 7, 2022, Town Council allocated $175,000 from the 4th quarter to repair and reopen courts 5/6 that are currently closed for play. Staff evaluated several forms of treatment and surfaces that met the budget allocation, have the best warranties, longevity (minimizes or eliminates effects of future cracks/heaving), shock absorption, playability (bounce/grip/wear), long-term maintenance, and a relatively short timeframe for completion. After public input, review of the material by staff and players, and approval from the Parks and Recreation Commission, staff selected a Sport Court Modular Overlay Surface. Upon approval by Town Council, work will be scheduled this June/July.

The attached agreement (Exhibit A) with AllSport America Inc. in the amount of $264,400 is to install a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 and install six (6) regulation Pickleball Courts on the District/MCOE Ice Rink/RecZone site. A contingency of $10,600 is included for any required work and any agreed upon enhancements to the project totaling $275,000.

1 TOWN COUNCIL STAFF REPORT
Subject: Agreement with AllSport America, Inc. for the installation of a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 and the installation of 6 regulation Pickleball Courts on the existing ice rink site.

Meeting Date: March 1, 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 on Community Tennis Courts 5/6 and the installation of 6 regulation Pickleball Courts on the District/MCOE Ice Rink/RecZone site in the amount of $275,000, including a not to exceed contingency of $10,600.

BACKGROUND:

This agreement combines two work items into one agreement with AllSport America Inc. to install a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 along with the installation of six (6) regulation Pickleball Courts on the District/MCOE Ice Rink site.

Town Council approval of the new 5-year lease agreement with the Mammoth Unified School District (District) and Mono County Office of Education (MCOE) for the extended use of the Multi-use Facility (ice rink) site provides the Town with the opportunity to convert the site to a community Pickleball and Multi-Use Complex. Based on community feedback, requests from recreation enthusiasts and support from the Parks and Recreation Commission, the Town is planning to install, operate, and maintain six (6) regulation pickleball courts to meet the recreation and athletic needs of the community. In addition, the site may include such activities as horseshoes, corn hole, or similar games with a maintained picnic area, restrooms, trash, lights, etc. Funds for this project totaling $100,000 were approved by Town Council as part of the FY2022/23 Town Budget process.

On September 7, 2022, Town Council allocated $175,000 to repair and reopen courts 5/6 that are currently closed for play. Staff evaluated several forms of treatment and surfaces that met the budget allocation, have the best warranties, longevity (minimizes or eliminates effects of future cracks/heaving), shock absorption, playability (bounce/grip/wear), long-term maintenance, and a relatively short timeframe for completion. After public input, review of the material by staff and players, and approval from the Parks and Recreation Commission, staff selected a Sport Court Modular Overlay Surface. Upon approval by Town Council, work will be scheduled this June/July.

The attached agreement (Exhibit A) with AllSport America Inc. in the amount of $264,400 is to

2 install a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 and install six (6) regulation Pickleball Courts on the District/MCOE Ice Rink/RecZone site. A not to exceed contingency of $10,600 is included for any required work and any agreed upon enhancements to the project totaling $275,000. If funds are available, new basketball backboard and hoops may be installed at Shady Rest Park.

ANALYSIS/DISCUSSION:

A. Installation of a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6
On September 7, 2022, Town Council allocated $175,000 from the 4th quarter to repair and reopen courts 5/6 that are currently closed for play (see court layout below). After public input, review of the material by staff and players, and support from the Parks and Recreation Commission, staff selected the new SportGame™ Pickleball, a product of Sport Court (AllSport America, Inc.) - the leading multi-sport flooring system providers and installers. Sport tiles eliminate cracks, 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.

3 The Sport Court modular system suspends over the existing cracked tennis court surface so cracks cannot telegraph through. This system also provides the opportunity to make repairs to the existing asphalt tennis court if needed in the future. The product is developed with UV stabilizers at the manufacturing level to protect from color fading enhancing color retention. The engineered design of the surface also supports lateral movements for tennis, pickleball and many other sports.

Patented in the system is lateral forgiveness – reducing injury, fatigue, and joint stress.

AllSport America, Inc. Scope of Work
The scope of work with AllSport America Inc. is included in detail in the agreement, and in summary includes the following: (i) repairing community courts 5/6 in preparation for the installation of the SportGame Pickleball Overlay Surface (approx. 14,400 sq. ft.) – colors to be affirmed by the Parks and Recreation Commission, installing one (1) fixed height tempered-glass basketball system on court #1 and striping two (2) tennis courts on courts 5/6, one basketball key on court #1, and optimal striping for one set of (1) pickleball lines on court #2. Based on the condition of the two sets of net posts, these may also have to be replaced, which would be covered by the contingency funds.

Work is contracted to begin in June and be completed by no later than June 30, 2023, unless the Project is changed or amended by the Town in writing. Weather may impact the installation time as well.

An example of a deteriorating asphalt surface and Sport Court tile installed on the upper court.

4 An example of a completed tennis court with the Sport Court surface.

B. Installation of 6 regulation Pickleball Courts on the District/MCOE Ice Rink/RecZone site
Town Council approval of the new 5-year lease agreement with the Mammoth Unified School District (District) and Mono County Office of Education (MCOE) for the extended use of the Multi-use Facility (ice rink) site provides the Town with the opportunity to convert the ice rink site to a community Pickleball and Multi-Use Complex. Based on community feedback, requests from recreation enthusiasts and support from the Parks and Recreation Commission, the Town is planning to install, operate, and maintain six (6) regulation pickleball courts to meet the recreation and athletic needs of the community (see Exhibit below). In addition, the site may include such activities as horseshoes, corn hole, or similar games with a maintained picnic area, restrooms, trash, lights, etc. Funds for this project totaling $100,000 were approved by Town Council as part of the FY2022/23 Town Budget process. The conversion of this surface to a new recreational amenity was pursued in lieu of removal of the existing improvements.

5 Exhibit – Conversion of Ice Rink to 6 Pickleball Courts Programming
The facility will be made available for public recreation use on a first come, first-serve basis, with the exception of MUSD/MCOE and Town Parks and Recreation programs that will have priority use. Staff have discussed the many uses for the dedicated Pickleball complex that includes school PE uses, parks and recreation summer camp and program uses, and scheduled adult Pickleball clinics, programs and potential local/regional tournaments hosted by the local Pickleball Club.

6 AllSport America, Inc. Scope of Work
The scope of work with AllSport America Inc. is included in detail in the agreement, and in summary includes the following: (i) preparing the multi-use facility (ice rink) concrete surface for installing six (6) sets of pickleball sleeve posts and nets, and installing Cushion Extreme Pickleball sub-surface on the entire playing area. The colors of the courts will be affirmed by the Parks and Recreation Commission. The Project shall begin in June and be completed by no later than June 30, 2023 unless the Project is changed or amended by the Town in writing.

Project Contingency
Staff has included a not to exceed $10,600 contingency in the agreement to address any items not included in the scope of work that will need to be addressed. For example, contingency funds may be needed to replace the poor state of the two (2) sets of tennis posts on courts 5/6, in addition to any other required work to complete the projects. If sufficient funding remains in the contingency, staff is seeking Town Council’s approval to replace the basketball backboard at Shady Rest Park that is past its useful life and experiences high visitation in summer.

FINANCIAL CONSIDERATIONS:

The attached agreement (Exhibit A) with AllSport America Inc. in the amount of $264,400 is to install a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 and install six (6) regulation Pickleball Courts on the District/MCOE Ice Rink/RecZone site. A not to exceed contingency of $10,600 is included for any required work and any agreed upon enhancements to the project totaling $275,000. Funds for the repurposing of the ice rink site of $100,000 were approved by Town Council as part of the FY2022/23 Town Budget process. On September 7, 2022, Town Council allocated $175,000 to repair and reopen courts 5/6 that are currently closed for play.

If the proposed work and agreements with the MUSD/MCOE is not pursued the Town will need to spend funds to remove existing improvements. The estimated cost of reconstructing a new posttension concrete tennis court is estimated to cost $300,000 and will need to go through a formal bid process. Maintenance of the facilities and programing are incorporated in the Parks and Recreation Department budget.

ENVIRONMENTAL CONSIDERATIONS:

Environmental considerations are outlined under Section 7 in the Town of Mammoth Lakes and MUSD/MCOE new 5-year lease Agreement for the repurposing of the ice rink site.

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

7 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 Sourcewell 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 Tennis Court Repair and the installation of a Modular Overlay Surface on Community Tennis Courts 5/6 and the installation of six Pickleball Courts at The Multi-Use Facility.

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
March 1, 2023
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 TENNIS COURT REPAIR AND THE INSTALLATION OF A MODULAR OVERLAY SURFACE ON COMMUNITY TENNIS COURTS 5/6 AND THE INSTALLATION OF

SIX PICKLEBALL COURTS AT THE MULTI-USE FACILITY
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 to the Town of Mammoth Lakes (“Town”) for tennis court repair and the installation of a modular overlay surface on community tennis courts 5/6 and the installation of six pickleball courts at the multi-use facility (“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) repairing community courts 5/6 in preparation for the installation of the SportGame Pickleball Overlay Surface (approx. 14,400 sq. ft.), installing one (1) fixed height tempered-glass basketball system on court #1 and striping two (2) tennis courts on courts 5/6, one basketball key on court #1, and optimal striping for one set of (1) pickleball lines on court #2, and (ii) preparing the multi-use facility (ice rink) concrete surface for installing six (6) sets of pickleball sleeve posts and nets, and installing Cushion Extreme Pickleball subsurface on the entire playing area. Services to be provided are more particularly described in the Scope of Services attached hereto as Exhibit “A” and “B” and incorporated herein by reference. Services on the Project shall begin no later than June 5, 2023 and be completed by no later than June 30, 2023 unless the Project is changed or amended by the Town in writing.

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, 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.

LETTER AGREEMENT WITH THE TOWN OF MAMMOTH LAKES AND ALLSPORT AMERICA, INC. FOR TENNIS COURT REPAIR AND THE INSTALLATION OF A MODULAR OVERLAY SURFACE ON COMMUNITY TENNIS COURTS 5/6 AND THE INSTALLATION

OF SIX PICKLEBALL COURTS AT THE MULTI-USE FACILITY
March 1, 2023

COMPENSATION: Contractor shall receive the fixed sum of TWO HUNDRED AND SIXTY FOUR THOUSAND AND FOUR HUNDRED DOLLARS ($264,400) for its work under this Agreement, which sum includes without limitation all material, personnel, and travel costs. If Contractor does extra work which is in addition to the project scope of work as identified in Exhibit “A” and “B” and that is agreed upon in writing by both parties, Town shall compensate Contractor on a time and materials basis or lump sum for such extra work. Such compensation shall be either for a lump sum agreed upon by Town and Contractor prior to the commencement of the extra work, or in accordance with a rate schedule agreed upon by Town and Contractor prior to the commencement of the extra work. Any extra work requiring compensation greater than ten thousand six hundred dollars ($10,600) shall require approval from Town’s Town Council for an amendment to this Agreement. 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

LETTER AGREEMENT WITH THE TOWN OF MAMMOTH LAKES AND ALLSPORT AMERICA, INC. FOR TENNIS COURT REPAIR AND THE INSTALLATION OF A MODULAR OVERLAY SURFACE ON COMMUNITY TENNIS COURTS 5/6 AND THE INSTALLATION

OF SIX PICKLEBALL COURTS AT THE MULTI-USE FACILITY
March 1, 2023

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 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.

LETTER AGREEMENT WITH THE TOWN OF MAMMOTH LAKES AND ALLSPORT AMERICA, INC. FOR TENNIS COURT REPAIR AND THE INSTALLATION OF A MODULAR OVERLAY SURFACE ON COMMUNITY TENNIS COURTS 5/6 AND THE INSTALLATION

OF SIX PICKLEBALL COURTS AT THE MULTI-USE FACILITY
March 1, 2023

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 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

LETTER AGREEMENT WITH THE TOWN OF MAMMOTH LAKES AND ALLSPORT AMERICA, INC. FOR TENNIS COURT REPAIR AND THE INSTALLATION OF A MODULAR OVERLAY SURFACE ON COMMUNITY TENNIS COURTS 5/6 AND THE INSTALLATION

OF SIX PICKLEBALL COURTS AT THE MULTI-USE FACILITY
March 1, 2023

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]

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’

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

(BB&K: 9-10)
82690.00000\5913442.2
Exhibit ‘C’
Payment Schedule - $264,400

1. Materials Ordered (50%, due to order material): $132,200

2. Materials Shipped (30%, due when materials ship): $79,320

3. Court Installation Complete (20%, due upon installation and striping): $52,880

1 Town Council, March1, 2023 Page 125 of 183
1-Month Lease Extension
2 • Winter operations have been severely
impacted by this season’s impressive
snowfall affecting many leagues, lessons
and public skate sessions – in addition the
construction of the Community Recreation
Center (CRC) has taken longer than
planned, with a current estimated opening
of summer 2023.
• Based on these circumstances, the Town is
planning to continue to program the
existing Ice Rink Site through March 31,
2023. Operations may terminate prior to
this date depending on when ice conditions
deteriorate, and operations are no longer
possible. Page 126 of 183
1-Month Lease Extension
3 • The current lease term expires February
28, 2023.
• As per the amended lease agreement
executed on October 27, 2022, the Town
will pay an additional $4,200 for the
month of March.
• Inclusive of this additional one-month
payment, the total contract amount paid
to the District for this fiscal year is
$37,800.
• All other requirements under the lease
would continue to be met such as site
maintenance, snow removal, student
discounts and dedicated time for school
uses.

1-Month Lease Extension
4 • The Mammoth Unified School
District Board of Trustees
unanimously approved the new
1-month Lease Extension on
February 16, 2023.
• A one (1) Month Lease Extension
and Fee Agreement for the
Mammoth Ice Rink Site is provided
for consideration.

New 5-Year Lease
5 • The new Community Recreation Center (CRC) will be open and available to the public year-round, with the new “LA Kings Ice at Mammoth Lakes” operating each winter season between the months of October and April providing a multitude of “ice sports” for residents and visitors.
• During the summer months, the Olympic-sized rink will be transformed into a fully programmable, multi-use RecZone, which will serve as the “court sport” hub for the expanding Parks and Recreation Department’s summer camps and programs and for community and visitor use.
• The Town does not intend to continue to operate the outdoor Ice Rink/RecZone at the current location with the opening of the CRC.

New 5
-Year Lease
6 • The existing ice rink site is
located on approximately

2.5 acres of Mammoth
Unified School District
(MUSD) and Mono County
Office of Education (MCOE)
property, adjacent to the
Mammoth Lakes Library.
• The Town has held a lease
agreement since 2007 to
operate a Multi-Use Facility
serving over 80,000+
users.

New 5-Year Lease
7 • The existing infrastructure at the existing Ice Rink Site is in relatively decent shape and may be used for other recreational purposes until such time that the District or MCOE develop the site for other uses. • MUSD/MCOE indicated that they have no immediate plans (<5 years) for the site.
• Based on community feedback, requests from recreation enthusiasts, and support from the Parks and Recreation Commission, the Town is planning to repurpose the existing “ice rink” site for non-fee recreation uses that includes the installation, operation and maintenance of six (6) regulation pickleball courts.
• The site may include such activities as horseshoes, corn hole, or similar games with a maintained picnic area, restrooms, trash, lights, etc.

New 5-Year Lease
8 • The facility will be made available for public recreation use on a firstcome, first-serve basis, with the exception of MUSD/MCOE and Town Parks and Recreation programs that will have priority use.

New 5-Year Lease
9 • The proposed lease term commences on April 1, 2023 for 5- years, with an option to extend the Agreement for one-year (1) time periods by mutual agreement.
• $1.00 annual lease payment.
• May be terminated in 90-days by written notice by all Parties. • Town is committed to ongoing maintenance and operation. • Town is committed to fund snow removal for access and parking areas (average annual cost of approx. $30,000).
• Town continues to be responsible for the removal of
improvements and rehabilitation of the property with revegetation with indigenous plants, soil stabilization. etc., upon the expiration of this Agreement, unless an alternate agreement is executed by the parties.
• Includes District/MCOE prePage 133 of 183 -requested exclusive use.

Recommendation
10 1. Approve a 1-month extension of the current amended lease agreement for the Mammoth Ice Rink Site with the
Mammoth Unified School District and Mono County Office
of Education in the amount of $4,200.

2. Approve a new 5-year lease agreement with the
Mammoth Unified School District and Mono County Office
of Education to convert the existing Mammoth Ice Rink
site to a community Pickleball and Multi-Use Complex for $1.00 per year.

11 Town Council, March 1, 2023 Page 135 of 183
Background
12 This agreement combines two work items into one agreement with AllSport America Inc. to install a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 along with the installation of six (6) regulation Pickleball Courts on the District/MCOE Ice Rink site.

Tennis Courts 5/6
13 • On September 7, 2022, Town Council allocated $175,000 from the 4th quarter to repair and reopen courts 5/6 that are currently closed for play.
• After public input, review of the material by staff and players, and support from the Parks and Recreation Commission, staff selected the new SportGame™ Pickleball, a product of Sport Court (AllSport America, Inc.) - the leading multi-sport flooring system providers and installers.
• Sport tiles eliminate cracks, 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.

Tennis Courts 5/6
14 The scope of work with AllSport
America Inc. includes: • Repairing community courts 5/6 in preparation for the installation
of the SportGame Pickleball
Overlay Surface (approx. 14,400
sq. ft.)
•Installing one (1) fixed height
tempered-glass basketball
system on court #1
•Striping two (2) tennis courts on
courts 5/6, one basketball key
on court #1, and striping one
set of (1) pickleball lines on
court #2.
• Possibly replacing the two sets
of net posts on courts 5/6

Tennis Courts 5/6
15 The Sport Court modular system suspends over the existing cracked tennis court surface so cracks cannot telegraph through. This system also provides the opportunity to make repairs to the existing asphalt tennis court if needed in the future.

Pickleball and Multi-Use Complex
16 • Town Council approval of the new 5-year lease agreement with the District and MCOE for the extended use of the Multi-use Facility (ice rink) site provides the Town with the opportunity to convert the ice rink site to a community Pickleball and Multi-Use Complex. • Based on community feedback, requests from recreation enthusiasts and support from the Parks and Recreation Commission, the Town is planning to install, operate and maintain 6 regulation pickleball courts.
• In addition, the site may include such activities as horseshoes, corn hole, or similar games with a maintained picnic area, restrooms, trash, lights, etc.
• Funds for this project totaling $100,000 were approved by Town Council as part of the FY2022/23 Town Budget process.
• The conversion of this surface to a new recreational amenity was pursued in lieu of removal of the existing improvements.

Pickleball and Multi-Use Complex
17

Pickleball and Multi-Use Complex
18 The scope of work with AllSport
America Inc. begins in June and
includes:
• Prepare and clean the ice
rink concrete surface.
• Install 6 sets of pickleball
sleeve posts and nets.
• Installing Cushion
Extreme Pickleball subsurface on the entire
playing area (+1 foot).
• The colors of the courts
will be affirmed by the
Parks and Recreation
Commission.

Recommendation
19 Authorize the Town Manager to execute an Agreement with AllSport America, Inc. for the installation of a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 and the installation of 6 regulation Pickleball Courts on the District/MCOE Ice Rink/RecZone site in the amount of $275,000, including a not to exceed contingency* of $10,600.
*Staff has included a not to exceed $10,600 contingency in the agreement to address any items not included in the scope of work that will need to be addressed. For example, contingency funds may be needed to replace the two (2) sets of tennis posts on courts 5/6, in addition to any other required work to complete the projects. If sufficient funding remains in the contingency, staff is seeking Town Council’s approval to replace the basketball backboard at Shady Rest Park that is past its useful life and experiences high visitation in summer.

20

1 TOWN COUNCIL STAFF REPORT
Title: Presentation on budget performance through the second quarter of FY22-23 and approval of Budget Amendments.

Meeting Date: March 1, 2023
Prepared by: Rob Patterson – Administrative Services / Finance Director RECOMMENDATION:

Receive the second quarter Fiscal Year 22-23 Budget Report and adopt the proposed resolution amending the Fiscal Year 22-23 budget as recommended in Attachment A – Budget Adjustments.

BACKGROUND:

Proper administration of the budget requires regular review of performance against budget expectations.

While staff reviews performance on a monthly basis, staff provides Town Council with the opportunity to review our financial performance at the close of each quarter. This report reflects the second quarter performance and provides updates on general operating budget. The analysis primarily focuses on the General Fund and Gas Tax as it is early enough in the year not to see significant shortfall to budget aside from the significant snow impacts, both of which are covered in these two funds. The first review of current year performance typically does not see significant changes to adopted budget unless we have a major project update or other item of significance not captured during the normal budget process. All funds have been reviewed in detail in preparation for this Town Council update. All funds not discussed are operating within the planned budget limits for both revenue and expenditures. The third quarter update, set for early May will likely have more items to cover as we discuss closing out our winter operations and the completion of a number of capital projects.

ANALYSIS/DISCUSSION:

The budget process for FY22-23 was a continued growth of the strong performance the Town enjoyed exiting the challenges faced during the pandemic. The desire for travel and leisure remains high, driving up demand and overall pricing. These high average daily rates, ADR, contribute to Transient Occupancy Tax (TOT) that far exceeds normal visitation increases. In addition to the strong returns for lodging, the region experienced a successful summer / fall season free of smoke and other impacts that have been common for the last several years. Snowfall was early again this year and continued with a series of significant storms that lasted into late January delivering one of the best starts to winter in many years.

This significant snow had two impacts that are noted in this report. First, the excitement generated within our visitor base brought visitation to peak numbers over the last few months. The second impact was the increased cost of operations. The Town sets a budget based on a normal amount of snow fall and snow related expense. In years like this one, the additional cost will be seen in staff overtime, fuel and repairs for equipment, and contracts that assist in snow removal. We have all those impacts and expect more to come as we continue through this year.

2 Transient Occupancy Tax
The primary revenue driver for the General Fund is Transient Occupancy Tax (TOT). As mentioned in the previous section, winter visitation was very strong. The amount of TOT collected is a factor of both visitation and the nightly rates charged by our lodging facilities. Based on the performance of TOT, there is a significant increase in nightly rates this fiscal year, with a steady pace of visitation, resulting in strong TOT performance. To date, three of the first six months have set records in TOT collection, within each month, and combined the first six months are 3.6% ahead of last year’s record setting pace.

December set an all-time high of $4.425M for any individual month, exceeding the previous December record by 10.5% and the previous all-time record (January 2022) by 1.4%. The chart below shows how the adopted budget of $16.0M was distributed across each month, using a three-year average performance by month. Staff distributes the budgeted revenue to easily assess the current year performance in a volatile revenue stream. The distribution of budgeted TOT revenue is as follows:

The budget of $16.0M did represent a return to normal visitation without closures or other pandemic effects. As stated earlier, staff did expect to exceed this budget during the fiscal year. One important element of our conservative budgeting is the willingness to make adjusts throughout the year, realizing the additional revenue and putting it to work on special projects within the Town. Staff is using the estimate above to recommend $4.0M in additional TOT revenue for the second quarter review. Staff believes this trend will continue and could deliver similar revenue increases in quarter 3 and 4 if the estimates current trend continues through year end.

3 The recommended increase to Transient Occupancy Tax revenue will result in additional contributions to reserve accounts for Tourism, Housing, and Transit based on Council direction and political commitments. Based on the second quarter recommendation of $4.0M, the following adjustments will be made to reserve accounts, rounded to the nearest $100.

The second quarter budget presentation usually has very few adjustments to budget outside of TOT in stronger years. This year is no different and we have only one other revenue increase to address. With recent interest rate hikes, our interest revenue has exceeded budget so far this year. We do anticipate this revenue item to over perform on subsequent quarterly presentations as we have recently invested in CAMP which has returns above 4.5%. This new investment pool should provide much better returns and staff is recommending an increase of $150,000 in interest revenue. In total, staff is recommending an increase in budgeted revenue of $4,150,000 for the 2nd quarter FY22-23. The political commitments, outlined above, will be removed from this increased revenue leaving $2,903,900 for expenses and staff recommendations.

4 General Fund - Expenditures
The second quarter update is early enough in the year, that there are very few expenditure items that have exceeded their expected budgets, usually due to some extenuating circumstance or unanticipated need, like this year’s snow fall. Staff has done a review of all General Fund expenditures to date and have the following recommended updates:

The expenditure updates listed above and those later in the report under Gas Tax, are mainly due to the significance of winter storms experienced this year. These storms have required additional overtime, contract expense, and equipment fuel and maintenance. The police overtime listed above include storm impacts and some staff and schedule changes. The department has experienced a number of injuries and other approved time off, requiring the use of overtime. The department has also suffered the loss of 1 officer, dropping staffing below the minimum required to maintain 24/7 coverage. The temporary adjustment to the schedule will require some additional on-call overtime expenses. This is a short-term requirement, and the Town is working to bring staffing levels to a level that will get back on the preferred scheduled as soon as possible. The additional expense for Facility Lease is our common area maintenance (CAM) charges for snow removal in the parking lot. This is an estimated increase so adjustments may be necessary when actual bill and distribution is received.

Covering these additional expenses will reduce available funds to $2,778,900.

5 Staff Recommendations
Housing Programs
One of the Town Council’s Strategic Priorities is to “Expand availability and affordability of Community Housing”. Staff has identified opportunity to invest in both short and long-term strategies to make this priority a reality. Success for this strategic priority requires a multi-pronged approach using both immediate housing through direct purchase of existing units, additional funding for future phases of The Parcel project, partnerships on new development and potential land acquisitions for future projects. Staff is recommending the allocation of $1,784,600 from the following sources:

These funds will be transferred to Fund 245 Housing Now! undesignated to a specific program but available for ongoing investments in housing solutions.

General Fund Transfer to Gas Tax
Gas Tax is the fund where all road maintenance and snow removal expenses are reported. The revenue for this fund includes taxes collected on fuel sales in California, restricted portion of the fund, and support from the Town’s General Fund. In heavy snow years, General Fund must make up any budget shortfall incurred, cash flow until gas tax is received in the following year covering 50% of this expense. Below is an update of anticipated expenses related to snow removal in FY22-23.

6 Childcare Facility – Foundation Property
The Town has been working on a plan to expand childcare facilities for the community. Last year, the Town identified an opportunity to repurpose the portable classrooms that are to be disposed of by MUSD as part of the High School Remodel. At the time, the Town set aside $1.65M for the project. The details of the project are still the same, with a possible delay based on the availability of the units. Staff is proposing an additional $300,000 to contribute to the implementation of this project. This includes additional site work, playground, and some interior improvements.

Restroom Facilities – Foundation Property
Adjacent to the new childcare facility on the Foundation property, the Town has plans for a dog park and outdoor amphitheater. These facilities will need public restroom facilities to support the new amenities. The Town is considering modular units similar to those planned for the Park at the Parcel, with two units planned to accommodate up to 90 people per hour. Staff is recommending allocation of $300,000 for this project.

7 Future Capital – Fund 990
The staff recommendations to cover both Town Council priorities and Town needs total $2,565,000 leaving a remaining balance of $213,900. Staff is recommending these funds be transferred to Fund 990 as undesignated fund balance for future projects or to supplement the above projects if needed. This process will ensure the funds are available when a project is identified and will not be expended through normal operations of the Town.

Capital Project - Park at the Parcel
Staff is recommending $200,000 to fund acquisition of restroom facilities at the Park at the Parcel. Last fiscal year, the Town was able to provide funding for construction of the Park at The Parcel as part of the overall buildout of the 25-acre affordable workforce housing site. The first 80 units will be available for renters in Fall 2023. The addition of the restroom facilities will address needs of the patrons and community alike. The units being considered are modular construction and this single unit can accommodate up to 45 people per hour.

Additions to the Fleet – Trackless
Staff has identified the need for additional equipment for clearing around facilities, CRC, and in the Parcel. The trackless machine is what we currently use to clear sidewalks and multi-use paths within Town. They are capable of keeping up with the snow accumulation we see on large winters but much more maneuverable and affordable than our larger blowers. Since this is incremental equipment, it is called an addition to the fleet, meaning no replacement funds are available to purchase the unit. Staff is recommending allocation of $165,000 to cover the cost of unit and blower head.

Police Recruits
Staffing levels within the Police Department have always been right at the minimum required to maintain the schedule the Town desires. This minimum staffing does not allow for any long-term absences, due to illness or otherwise. We have the potential to lose 1 to 2 officers to other agencies as they consider the career opportunities and specific locations where they want to work. Town has been seeking a lateral position, one which is an existing Police Officer who will transfer from another organization to the Town.

In the past we have been very successful in attracting lateral transfers. However, we have received only 1 qualified candidate in the last two months. The decision to seek the position of Police Recruit will have many benefits. We are able to look at local candidates who may already have deep connections to the community and likely already have local housing. They also obtain training for a career; one they may not be able to obtain on their own and they would remain committed to our organization for the opportunity. The process takes approximately 1 year to complete academy training and finish on the job training with our Field Training Officers. This is not a quick process to solve our staffing issues, but an approach we believe will build stability in the Department. Staff is recommending $100,000 be allocated to this process which will include a portion of the wages and academy costs for two recruits, related to FY22-23 budget cycle. Staff will include the remaining cost in the next operational budget.

Airport Capital & Maintenance
The Airport has a number of projects that will support continuation of the facility and the visitor experience. In addition to these maintenance needs, we are in the process of bidding our new Aircraft Rescue and Firefighting (ARFF) building. This is an $8.3M project with primary funding received from FAA grant. The Town has matching grant requirements of approximately $810,000 which will come from current capital reserves. Staff anticipates additional contingency funding may be needed to finalize construction. Staff is recommending $100,000 allocation to airport capital and maintenance projects.

8 Tourism Reserve
The tourism reserve was established to provide funding for tourism expenditures and is based on the normal allocation of TOT for tourism which is 2.35 points or 18.08% of TOT collected. This is considered a political commitment established by the Town Council to ensure tourism related activities, and more recently housing activities have a stable funding source. The allocation from the excess TOT was $723,100 for the second quarter. Staff has recommended $523,100 be allocated to Housing Now! programs, listed above. Staff is also recommending $200,000 allocated to Town supported Air Subsidies for Advanced Air flying into Mammoth Yosemite Airport. This additional subsidy is used to cover special pricing and promotional packs, designed to allow locals to utilize the service and increase enplanements, seeking to achieve our 10,000 enplanement goals.

Housing Reserve
The housing reserve was established to provide funding for housing expenditures and is based on the normal allocation of TOT for housing which is .85 points or 6.54% of TOT collected. This is considered a political commitment established by the Town Council to ensure housing activities have a stable funding source. The allocation from the excess TOT was $261,500 for the second quarter. Staff has recommended $261,500 be allocated to Housing Now! programs, listed in the writeup above.

Other Funds
Staff has reviewed all funds in preparation for this Town Council update. In all other funds, there are no adjustments that require attention at this time.

9 OPTIONS ANALYSIS
Option 1: Receive the second quarter Fiscal Year 22-23 Budget Report and adopt the proposed resolution amending the Fiscal Year 22-23 budget as recommended in Attachment A – Budget Adjustments.

Option 2: Provide staff with alternate direction on the proposed budget amendments.

FY22-23 Budget Presentation
Second Quarter Update
Rob Patterson
Administrative Services / Finance Director
March 1, 2023

Transient Occupancy Tax

General Fund Revenue

General Fund Summary

Staff Recommendations

Staff Recommendations

Staff Recommendations

Gas Tax Review

Housing & Tourism Reserve

RESOLUTION NO. 23-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,

ACCEPTING THE MID-YEAR UPDATE AND AMENDING THE
FISCAL YEAR2022-23 BUDGET
WHEREAS, the Town Council has adopted a Fiscal Year 2022-23 Budget; and WHEREAS, the Town Council wishes to make modifications to that Budget as necessary to the efficient administration of the Town; and WHEREAS, the Town Council received an update from the Administrative Services/Finance Director at the March 1st Town Council meeting regarding the current year financial results through the 2nd quarter ending December 2022; and WHEREAS, the Town Council provided direction to modify revenues and expenses in various funds and departments.

NOW, THEREFORE, BE IT RESOLVED that the Administrative Services/Finance Director is hereby directed to make the following modifications to the FY2022-23 budget, as provided for in Attachments A.

APPROVED AND ADOPTED THIS 1st day of March 2023.

___________________________
JOHN WENTWORTH, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Attachment A
Date of Request: March 1, 2023 Requested By: Rob Patterson Department: Finance

CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund Dept. Account Object Increase Decrease Increase Decrease 1 Transient Occupancy Tax 100 - 000 ‐ 30604 -      4,000,000 2 Interest 100 - 000 ‐ 37002 -          150,000
3 Police Department ‐ Overtime 100 - 420 - 40113 -           50,000 4 General Services ‐ Facility Lease 100 - 416 - 45010 -           75,000 5 Fund 245 ‐ Housing Now! ‐ Programs 100 - 599 - 49999 -     1,000,000 6 General Fund Transfer to Gas Tax 100 - 599 - 49999 -         400,000 7 Child Care ‐ Foundation Property 100 - 599 - 49999 -         300,000 8 Restroom ‐ Foundation Property 100 - 599 - 49999 -         300,000 9 Future Capital 100 - 599 - 49999 -         213,900
10 Restroom ‐ Park at the Parcel 100 - 599 - 49999 -         200,000 11 Additions to the Fleet ‐ Trackless 100 - 599 - 49999 -         165,000 12 Police Recruitments ‐ Wage and Academy Costs ‐ FY22‐23 100 - 420 - 43150 -         100,000 13 Airport Maintenance 100 - 599 - 49999 -         100,000 14 Fund 245 ‐ Housing Now! ‐ Programs 245 - 000 - 39999 - 83176      1,000,000 15 General Fund Transfer to Gas Tax 210 - 000 - 39999 -          400,000 16 Child Care ‐ Foundation Property 300 - 000 - 39999 - 43637          300,000 17 Restroom ‐ Foundation Property 300 - 000 - 39999 - 43639          300,000 18 Future Capital 990 - 000 - 39999 -          213,900
19 Restroom ‐ Park at the Parcel 300 - 000 - 39999 - 43638          200,000 20 Additions to the Fleet ‐ Trackless 915 - 000 - 39999 -          165,000 21 Airport Maintenance 220 - 000 - 39999 -          100,000 22 Additions to the Fleet ‐ Trackless 915 - 570 - 48300 -         165,000 23 Street Maintenance‐Overtime Wages 210 - 450 - 40113 -           20,000 24 Street Maintenance‐Public Utitlieis 210 - 450 - 43404 -           15,000 25 Snow Removal ‐ Overtime Wages 210 - 452 - 40113 -         100,000 26 Snow Removal ‐ Special Operational 210 - 452 - 42030           17,000 27 Snow Removal ‐ Contractual Services 210 - 452 - 43031           88,000 28 Winter Equipment Garage ‐ Gasoline & Diesel 210 - 455 - 42016 -         110,000 29 Winter Equipment Garage ‐ Vehicle Maintenance 210 - 455 - 42017           50,000 30 Tourism Reserve to Housing Now! Program 100 - 480 - 49999 -         523,100 31 Tourism Reserve to Air Subsidy ‐ Town (Advanced Air ‐ MMH) 100 - 480 - 49999 -         200,000 32 Fund 245 ‐ Housing Now! ‐ Programs 245 - 000 - 39999 - 83176          523,100 33 Air Subsidy ‐ Town (Advanced Air ‐ MMH) 220 - 000 - 39999 -          200,000 34 Housing Reserve to Housing Now! Program 100 - 445 - 49999 -         261,500 35 Fund 245 ‐ Housing Now! ‐ Programs 245 - 000 - 39999 - 83176          261,500 Totals $    ‐ 7,813,500 $                      $   ‐ 4,453,500 Net Change
Political Commitments (Not Captured Above)
Transit Reserve - .85 Points or 6.5385% of TOT $  261,500.00 Reason for Transfer:
2nd Quarter Budget Review
Reason Budget Available:

Funding Source
Various Fund Adjustments
Department Head Signature:

Town Manager or Administrative Services/Finance Director Signature:

Town Council Approval Date (if required) : Date, Item # - Finance Department's Use Only
Date: ________________________
Reviewed By: Finance Manager
CASH ENTRY REQD: _____Yes _____ No Done by: _________
Date: ___ Journal #: ___________________
Keyed By: __________________________________________

BUDGET TRANSFER
$                                    7,813,500                               4,453,500 FY 22/23 - 2ND QTR BUDGET AMENDMENT

1 TOWN COUNCIL STAFF REPORT
Title: Ordinance Relating to Electronic and Paperless Filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements.

Meeting Date: March 1, 2023
Prepared by: Jamie Gray, Town Clerk
RECOMMENDATION:

Waive the reading and introduce by title only the ordinance adding Chapter 2.80 “Electronic and Paperless Filing of Campaign Disclosure Statements and Statements of Economic Interest” to the Mammoth Lakes Municipal Code.

BACKGROUND:

The Political Reform Act recognizes campaigns that spend or raise more than $2,000 as “Controlled Committees.” Under the Act, these committees are obligated to file detailed campaign finance statements, also known as Fair Political Practices Commission (FPPC) Form 460s. The Town Clerk is the local filing officer for the Town of Mammoth Lakes, and is responsible for receiving, reviewing, and storing campaign disclosure information, as well as making it accessible to the public.

Effective January 1, 2021, Assembly Bill (AB) 2151 requires the Town to post any campaign statement, report, or other document required by the Political Reform Act to its website within 72 hours of its filing. The Town Clerk’s office currently accepts paper filings of such documents and, since January 2021, staff has been manually redacting and uploading forms to the Town website.

To provide a more efficient process, the Town recently entered into an agreement to use NetFile, an electronic/paperless filing system that accommodates online filing of several types of FPPC forms, including Forms 460, 470, 496, and 497, and meets the requirements of the Secretary of State. NetFile will ensure compliance with AB 2151, provide more transparency to the public, and offer an easier way for all filers to complete their required filings.

Government Code Section 84615 allows local government agencies to require an elected and appointed official, candidate, or committee to file FPPC campaign statements, reports, or other documents online or electronically with a local filing officer.

In order for the Town of Mammoth Lakes to accept electronically filed statements, the Town Council must adopt an ordinance approving the use of an online or electronic filing system, which shall include the legislative finding that the online or electronic system will

2 operate securely and effectively and will not unduly burden filers. A draft ordinance is attached.

In terms of security, the NetFile system is a web-based, vendor-hosted application that utilizes “industry best practices” for securing data, using the same data encryption for online filings that is used by banks for online banking. NetFile stores and backs up data at three separate locations, creating the essential safety measures and redundancy that allows for recovery of information in the event of an emergency or disaster.

Implementation of the NetFile system will promote transparency and provide convenience for committees, individuals, and the public. It provides 24-hour filing and viewing accessibility of campaign finance information from any computer, anywhere. In certain instances, the NetFile system will also increase the accuracy of filed campaign statements by prohibiting any filings that may have inadvertently omitted information required under the Political Reform Act.

The Form 700 component of NetFile does not require an ordinance and is simply an internal procedural change. However, with the transition to electronic filing of campaign disclosure statements, staff recommends all future reports and other documents filed on behalf of Statement of Economic Interest filers be filed electronically. The Town Clerk is responsible for the annual filing of Form 700s by 87200 filers (Town Council, Planning Commission, Town Manager, Town Treasurer, and Town Attorney) and designated Town staff, boards, commissions, and consultants. Form 700s occasionally need amendments or are submitted incomplete or without appropriate schedules attached. The Form 700 electronic filing system incorporates an initial review process that alerts the filer of errors at the time they enter their information, thereby minimizing the need for the Town Clerk to request amendments. There are currently 215 cities and 50 counties in California using electronic filing systems for Form 700 filings.

FINANCIAL CONSIDERATIONS:

The contract with NetFile has already been executed for the current year. The cost is $3,800/year. The agreement is for five years, with the ability to cancel the agreement. The process is anticipated to reduce the amount to staff time currently required to accept, file, and post campaign disclosure statements. It will also reduce time related to regular Form 700 filings.

ORDINANCE NO. 23-

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA, ADDING CHAPTER 2.80 "ELECTRONIC AND

PAPERLESS FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND
STATEMENTS OF ECONOMIC INTERESTS" TO THE MAMMOTH LAKES

MUNICIPAL CODE
WHEREAS, Government Code Section 84615 provides that a local agency may adopt an ordinance to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act (commencing with Section 84100 of the Government Code), except an elected officer, candidate, committee, or other person who receives contributions totaling less than $2,000 and who makes independent expenditures totaling less than $2,000 in a calendar year, to file those statements, reports, or other documents online or electronically with the local filing officer; and WHEREAS, the Town has entered into an agreement with NetFile, Inc., a vendor approved by the California Secretary of State, to provide an online electronic filing system ("System") for campaign disclosure statements and Statements of Economic Interest forms; and WHEREAS, the System will operate securely and effectively and will not unduly burden filers. Specifically: (1) the System will ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the data; (2) the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and (3) the System will be available free of charge to filers and to the public for viewing filings; and WHEREAS, the Town Council desires to amend the Mammoth Lakes Municipal Code to add a new chapter relating to electronic filing of Campaign Disclosure Statements and Statements of Economic Interests.

NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
The above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. PURPOSE
The purpose of this Ordinance is to require the filing of Campaign Disclosure Statements and Statements of Economic Interest by elected officials, candidates, staff, consultants, commissions, or committees to be completed electronically. The Town Council enacts this Ordinance in accordance with the authority granted to cities by state law. This ordinance is intended to supplement, and not conflict with, the Political Reform Act.

Ordinance No. 23-

SECTION 3. ADOPTION OF MUNICIPAL CODE CHAPTER 2.80
Chapter 2.80, entitled “Electronic and Paperless Filing of Campaign Disclosure Statements and Statements of Economic Interest”, is hereby adopted and added to Title 2 of the Mammoth Lakes Municipal Code, to read as follows:

2.80 Electronic Filing of Campaign Disclosure Statements and Statements of Economic Interests

2.80.010 General.

A. Any elected officer, candidate, commission, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act (commencing with Government Code Section 84100) shall file those statements, reports, or other documents online or electronically with the Town Clerk, unless exempt from the requirement to file online pursuant to Government Code Section 84615(a) because the officer, candidate, or committee receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year. All other individuals required to file Statements of Economic Interest according to the Town’s adopted Conflict of Interest Code must file electronically using an online system specified by the Town Clerk.

B. Any person holding a position listed in Government Code Section 87200 or designated in the Town’s local conflict of interest code adopted pursuant to Government Code section 87300, shall file any required Statement of Economic Interest reports (Form 700) online or electronically with the Town Clerk. Any elected officer, candidate, or committee who has electronically filed a statement using the online system specified by the Town Clerk is not required to file a copy of that document in paper format with the Town Clerk, except that if the online system is not capable of accepting a Statement due to technical difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the Town Clerk.

C. In any instance in which an original statement, report or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the Town Clerk, the filer may, but is not required to, file the copy electronically.

D. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.

E. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code and that is compatible with the Secretary of State's system for receiving an online or electronic filing.

Ordinance No. 23-

F. The online filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the Government Code.

G. The Town Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received. The notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the Town Clerk. The date of filing for a Statement filed online shall be the day that it is received by the Town Clerk.

H. The online filing system shall enable electronic filers to complete and submit filings free of charge.

2.80.020 Availability of Statements for Public Review; Record Retention A. The system specified by the Town Clerk shall make all the data filed available on the Town's webpage in an easily understood format that provides the greatest public access.

The data shall be made available free of charge and as soon as possible after receipt.

The data made available on the Town's webpage shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The Town Clerk's office shall make a complete, unredacted copy of the statement, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request.

B. The Town Clerk's office shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose.

Section 4. SEVERABILITY
That the Town Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its adoption.

Section 6. CERTIFICATION
The Town Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

Ordinance No. 23-

The foregoing ordinance was approved and adopted at a meeting of the Town Council held on March 15, 2023.

__________________________
JOHN WENTWORTH, Mayor
ATTEST:

_______________________________
JAMIE GRAY, Town Clerk

1 TOWN COUNCIL STAFF REPORT
Title: Approval of Updated Agreement with Axon Enterprise, Inc for provision of Public Safety Body Cameras, Data Storage, Software, Tasers, Taser Supplies and related items in an amount not to exceed $150,000 over a five-year period.

Meeting Date: February 1, 2023
Prepared by: Daniel C. Holler, Town Manager
Daniel Casabian, Acting Police Chief
RECOMMENDATION:

Approval of Updated Agreement with Axon Enterprise, Inc for provision of Public Safety Body Cameras, Data Storage, Software, Tasers, Taser Supplies and related items in an amount not to exceed $150,000 over a five year period pending final legal review.

BACKGROUND:

Staff is recommending the approval of an updated agreement with Axon Enterprise to address Police Body Camera needs and to implement a formal Taser management program. Our current contract with Axon is outdated and is a mixture of add-ons and upgrades done over the past several years, addressing only Body Cameras. The new agreement has a five-year cost of $147,592.80 or $29,185.92 per year (Pricing Schedule Attached). Our current contract expires next year, and we’ll be in the same position of negotiating a new agreement with anticipated increased costs for both the Body Camera and Taser management, support, equipment, and related services.

ANALYSIS:

The current contract is designed to primarily support the use of body camaras. The Evidance.com storage site has limited data capacity under the agreement, and we are currently over our allotted data limit. We may incur additional expenses if we continue under the current contract for storage.

Currently we place the footage onto Record Information Management System (RIMS) if it's not too big, otherwise we place on a USB drive and put the drive into evidence with the footage to recue storage use and as means to provide data to the District Attorney’s Office (DA). This is cumbersome and there is the potential for the USB drive to be corrupted. The proposed agreement will support 15 body camaras (current 13 plus 2 additional) and will provide an unlimited data storage plan for Axon body camara footage and the Axon Capture App. The App allows officers to take evidence photos and video with no data limit. The material is securely stored on Evidence.com and does not require the transfer of data to a USB Drive and does not require the use of RIMS. The program also includes Axon Community Request. This allows an officer to email a link to a witness who can upload a video or photos. This information, once reviewed by officers can be placed on Evidence.com. The evidence may then be shared directly with the DA through a secure email link to be downloaded, instead of having to copy it onto another storage device and delivered to the DA.

The Department’s Taser program needs an overhaul. The current older X2 Tasers are no longer under warranty and are not on a replacement program. We currently do not carry adequate Tasers to equip each officer. It is also difficult to acquire training cartridges and we currently have one

2 Taser Training Officer. The new contract sets forth better Taser management program. This includes providing 15 newer Taser 7's, and training and live cartridges, holsters, and features to automatically turn on body camaras when a duty weapon or taser is deployed. Axon provides a training voucher to send an Officer to a train the trainer Taser school that allows us to manage training of current and new officers in house. Axon also provides a second training voucher after two years for a refresher course. The program will bring our Taser management up to date and in line with requirements for the use of less than lethal tactics.

OPTIONS ANALYSIS
Option 1: Approve the proposed updated agreement with Axon for public safety body camera and Taser management, support, equipment, and related services. The proposed five-year agreement will require additional financial resources as outlined below. The new program will bring the Police Department’s programs up to date and in line with requirements for using less than lethal force and improve overall use of body camaras.

Option 2: Continue for FY23-24 under the current Axon agreement, The agreement provides less then desired support services for Body Camaras and no support for the use of Tasers. A new program would still need to be pursued for FY24-25 to address current needs. Additional costs may be incurred for data storage and the Department will need to look at options keep current Tasers operational.

FINANCIAL CONSIDERATIONS:

The new agreement provides significant improvements to the overall management and service support for managing body camara evidence, adds ability for people to provide supplemental video evidence, and ongoing support for the equipment. The Taser management, services, training, and supplies and upgraded Tasers brings the Department program in line with expectations and requirements for less than lethal force. The current contract expires in 2024. The current cost is $8,652.48 per year. We have a small buy out for the exiting 13 camaras of $1,663.20. The current program is not offered by Axon going forward and we will be looking at cost escalation over the coming year if the agreement is put on hold for another year. We have worked with Axon to reduce their base price, by $12,696.29 per year, if we proceed with the new contract at this time. This savings is reflected in the proposed five-year cost of $147,592.80 or $29,185.92 per year. This is a significant increase in costs due to the enhanced program and the addition of the Taser management and services represents a substantial benefit to the Police Department.

Q-456077-44981.635DB
Issued: 02/24/2023
Quote Expiration: 03/31/2023
Estimated Contract Start Date: 04/15/2023
Account Number: 106446
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
58 Thompsons Way Mammoth Lakes Police Dept. - CA Daniel Birt Jason Heilman 58 THOMPSONS WAY PO Box 1609 Phone: Phone: (760) 965-3704 MAMMOTH LAKES, CA 93546-9230 Mammoth Lakes, CA 93546-1609 Email: [email protected] Email: [email protected] USA USA Fax: Fax:

Email:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $12,795.29 TOTAL COST $142,811.57
ESTIMATED TOTAL W/ TAX $147,592.80 TOTAL SAVINGS $63,976.43 Payment Summary
Date Subtotal Tax Total
Mar 2023 $28,253.60 $932.32 $29,185.92
Apr 2023 $1,543.57 $119.63 $1,663.20
Mar 2024 $28,253.60 $932.32 $29,185.92
Mar 2025 $28,253.60 $932.32 $29,185.92
Mar 2026 $28,253.60 $932.32 $29,185.92
Mar 2027 $28,253.60 $932.32 $29,185.92
Total $142,811.57 $4,781.23 $147,592.80
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

Quote Unbundled Price: $206,788.00
Quote List Price: $180,409.00
Quote Subtotal: $142,811.57
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100552 TRANSFER CREDIT - GOODS 1 $1.00 $3,855.00 $3,855.00 $298.77 $4,153.77 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($2,311.43) ($2,311.43) ($179.14) ($2,490.57) OSP7 2021 - OFFICER SAFETY PLAN 7 15 60 $212.38 $183.07 $155.30 $139,770.00 $4,545.50 $144,315.50 A la Carte Hardware
AB3C AB3 Camera Bundle 13 $749.00 $0.00 $0.00 $0.00 $0.00 AB3C AB3 Camera Bundle 2 $749.00 $749.00 $1,498.00 $116.10 $1,614.10 AB3MBD AB3 Multi Bay Dock Bundle 2 $1,595.00 $0.00 $0.00 $0.00 $0.00 AB31BD AB3 1-Bay Dock Bundle 1 $229.00 $0.00 $0.00 $0.00 $0.00 A la Carte Services
20120 TASER INSTRUCTOR COURSE VOUCHER 2 $495.00 $0.00 $0.00 $0.00 $0.00 Total $142,811.57 $4,781.23 $147,592.80

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
2021 - OFFICER SAFETY PLAN 7 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 15 03/15/2023 2021 - OFFICER SAFETY PLAN 7 20018 TASER 7 BATTERY PACK, TACTICAL 18 03/15/2023 2021 - OFFICER SAFETY PLAN 7 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 15 03/15/2023 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 45 03/15/2023 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 03/15/2023 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 45 03/15/2023 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 03/15/2023 2021 - OFFICER SAFETY PLAN 7 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 30 03/15/2023 2021 - OFFICER SAFETY PLAN 7 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 30 03/15/2023 2021 - OFFICER SAFETY PLAN 7 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 15 03/15/2023 2021 - OFFICER SAFETY PLAN 7 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 15 03/15/2023 2021 - OFFICER SAFETY PLAN 7 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 03/15/2023 2021 - OFFICER SAFETY PLAN 7 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 03/15/2023 2021 - OFFICER SAFETY PLAN 7 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 30 03/15/2023 2021 - OFFICER SAFETY PLAN 7 74200 TASER 7 6-BAY DOCK AND CORE 1 03/15/2023 2021 - OFFICER SAFETY PLAN 7 75015 SIGNAL SIDEARM KIT 15 03/15/2023 2021 - OFFICER SAFETY PLAN 7 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 1 03/15/2023 2021 - OFFICER SAFETY PLAN 7 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 1 03/15/2023 AB3 1-Bay Dock Bundle 71104 NORTH AMER POWER CORD FOR AB3 & T7 1-BAY DOCK/DATAPORT 1 03/15/2023 AB3 1-Bay Dock Bundle 74211 AXON BODY 3 - 1 BAY DOCK 1 03/15/2023 AB3 Camera Bundle 11508 MOLLE MOUNT, DOUBLE, AXON RAPIDLOCK 15 03/15/2023 AB3 Camera Bundle 11508 MOLLE MOUNT, DOUBLE, AXON RAPIDLOCK 3 03/15/2023 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 15 03/15/2023 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 3 03/15/2023 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 13 03/15/2023 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 2 03/15/2023 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 03/15/2023 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 2 03/15/2023 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 03/15/2024 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 03/15/2024 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 03/15/2025 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 03/15/2025 2021 - OFFICER SAFETY PLAN 7 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 30 03/15/2025 2021 - OFFICER SAFETY PLAN 7 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 30 03/15/2025 2021 - OFFICER SAFETY PLAN 7 73309 AXON CAMERA REFRESH ONE 15 09/15/2025 2021 - OFFICER SAFETY PLAN 7 73313 1-BAY DOCK AXON CAMERA REFRESH ONE 1 09/15/2025 2021 - OFFICER SAFETY PLAN 7 73689 MULTI-BAY BWC DOCK 1ST REFRESH 2 09/15/2025 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 03/15/2026 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 03/15/2026 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 03/15/2027

Hardware
Bundle Item Description QTY Estimated Delivery Date
2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 03/15/2027 2021 - OFFICER SAFETY PLAN 7 73310 AXON CAMERA REFRESH TWO 15 03/15/2028 2021 - OFFICER SAFETY PLAN 7 73314 1-BAY DOCK AXON CAMERA REFRESH TWO 1 03/15/2028 2021 - OFFICER SAFETY PLAN 7 73688 MULTI-BAY BWC DOCK 2ND REFRESH 2 03/15/2028 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date 2021 - OFFICER SAFETY PLAN 7 20248 TASER EVIDENCE.COM ACCESS LICENSE 15 04/15/2023 04/14/2028 2021 - OFFICER SAFETY PLAN 7 20248 TASER EVIDENCE.COM ACCESS LICENSE 1 04/15/2023 04/14/2028 2021 - OFFICER SAFETY PLAN 7 73449 RESPOND DEVICE LICENSE 15 04/15/2023 04/14/2028 2021 - OFFICER SAFETY PLAN 7 73638 STANDARDS ACCESS LICENSE 15 04/15/2023 04/14/2028 2021 - OFFICER SAFETY PLAN 7 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 15 04/15/2023 04/14/2028 2021 - OFFICER SAFETY PLAN 7 73746 PROFESSIONAL EVIDENCE.COM LICENSE 15 04/15/2023 04/14/2028 Services
Bundle Item Description QTY
2021 - OFFICER SAFETY PLAN 7 20246 TASER 7 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 15 A la Carte 20120 TASER INSTRUCTOR COURSE VOUCHER 2
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date 2021 - OFFICER SAFETY PLAN 7 80464 EXT WARRANTY, CAMERA (TAP) 15 04/15/2023 04/14/2028 2021 - OFFICER SAFETY PLAN 7 80374 EXT WARRANTY, TASER 7 BATTERY PACK 18 03/15/2024 04/14/2028 2021 - OFFICER SAFETY PLAN 7 80395 EXT WARRANTY, TASER 7 HANDLE 15 03/15/2024 04/14/2028 2021 - OFFICER SAFETY PLAN 7 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 03/15/2024 04/14/2028 2021 - OFFICER SAFETY PLAN 7 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 2 03/15/2024 04/14/2028 2021 - OFFICER SAFETY PLAN 7 80466 EXT WARRANTY, SINGLE-BAY DOCK (TAP) 1 03/15/2024 04/14/2028

Payment Details
Mar 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 20120 TASER INSTRUCTOR COURSE VOUCHER 2 $0.00 $0.00 $0.00 Year 1 AB31BD AB3 1-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Year 1 AB3C AB3 Camera Bundle 13 $0.00 $0.00 $0.00
Year 1 AB3C AB3 Camera Bundle 2 $299.60 $23.22 $322.82
Year 1 AB3MBD AB3 Multi Bay Dock Bundle 2 $0.00 $0.00 $0.00 Year 1 OSP7 2021 - OFFICER SAFETY PLAN 7 15 $27,954.00 $909.10 $28,863.10 Total $28,253.60 $932.32 $29,185.92
Apr 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment 100552 TRANSFER CREDIT - GOODS 1 $3,855.00 $298.77 $4,153.77 Invoice Upon Fulfillment 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($2,311.43) ($179.14) ($2,490.57) Total $1,543.57 $119.63 $1,663.20
Mar 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 20120 TASER INSTRUCTOR COURSE VOUCHER 2 $0.00 $0.00 $0.00 Year 2 AB31BD AB3 1-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Year 2 AB3C AB3 Camera Bundle 13 $0.00 $0.00 $0.00
Year 2 AB3C AB3 Camera Bundle 2 $299.60 $23.22 $322.82
Year 2 AB3MBD AB3 Multi Bay Dock Bundle 2 $0.00 $0.00 $0.00 Year 2 OSP7 2021 - OFFICER SAFETY PLAN 7 15 $27,954.00 $909.10 $28,863.10 Total $28,253.60 $932.32 $29,185.92
Mar 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 20120 TASER INSTRUCTOR COURSE VOUCHER 2 $0.00 $0.00 $0.00 Year 3 AB31BD AB3 1-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Year 3 AB3C AB3 Camera Bundle 13 $0.00 $0.00 $0.00
Year 3 AB3C AB3 Camera Bundle 2 $299.60 $23.22 $322.82
Year 3 AB3MBD AB3 Multi Bay Dock Bundle 2 $0.00 $0.00 $0.00 Year 3 OSP7 2021 - OFFICER SAFETY PLAN 7 15 $27,954.00 $909.10 $28,863.10 Total $28,253.60 $932.32 $29,185.92
Mar 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 20120 TASER INSTRUCTOR COURSE VOUCHER 2 $0.00 $0.00 $0.00 Year 4 AB31BD AB3 1-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Year 4 AB3C AB3 Camera Bundle 13 $0.00 $0.00 $0.00
Year 4 AB3C AB3 Camera Bundle 2 $299.60 $23.22 $322.82

Mar 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 AB3MBD AB3 Multi Bay Dock Bundle 2 $0.00 $0.00 $0.00 Year 4 OSP7 2021 - OFFICER SAFETY PLAN 7 15 $27,954.00 $909.10 $28,863.10 Total $28,253.60 $932.32 $29,185.92
Mar 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 20120 TASER INSTRUCTOR COURSE VOUCHER 2 $0.00 $0.00 $0.00 Year 5 AB31BD AB3 1-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Year 5 AB3C AB3 Camera Bundle 13 $0.00 $0.00 $0.00
Year 5 AB3C AB3 Camera Bundle 2 $299.60 $23.22 $322.82
Year 5 AB3MBD AB3 Multi Bay Dock Bundle 2 $0.00 $0.00 $0.00 Year 5 OSP7 2021 - OFFICER SAFETY PLAN 7 15 $27,954.00 $909.10 $28,863.10 Total $28,253.60 $932.32 $29,185.92

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Exceptions to Standard Terms and Conditions
Agency has existing contract #00021216 and is terminating that contract upon the new license start date (4/15/2023) of this quote.

The parties agree that Axon is charging a debit of $1543.57. This is based on a ship date range of 3/15/2023 - 3/31/2023, resulting in a 4/15/2023 license date. Any change in this date and resulting license start date will result in modification of this value which may result in additional fees due to or from Axon.

Debit is contingent on payment of any outstanding invoices of contract 21217 \s1\ \d1\
Signature Date Signed
2/24/2023

Agenda Item ________
File No. ____________

AGENDA BILL
Subject: Councilmember Reports
Initiated by: Jamie Gray
______________________________________________________________________ BACKGROUND:

Each member of the Town Council is appointed to serve as a Town representative to a number of committees, commissions, and organizations.

These groups meet infrequently and from time to time the representatives will report to the rest of the Council at a regularly scheduled meeting.

In addition, Councilmembers on occasion participate in meetings, conferences and seminars, and their reports on these educational opportunities are of benefit to the rest of the Council.

ANALYSIS/DISCUSSION:

California Government Code requirements pertaining to the open meeting act stipulate that all items for discussion must be listed on the agenda before the matter can be discussed and/or acted upon. To meet this requirement, and the intent of the Brown Act, Councilmember Reports are listed on each agenda to allow representatives to report to the rest of the Council at these meetings.

The following is a list of the commission/committees on which members of the Council serve:

Land Use:

Local Agency Formation Commission (LAFCO) – Rea, Rice, and Bubser as alternate
Airport Land Use Commission – Rea, Rice, and Bubser as the alternate Mono County Collaborative Planning Team (CPT) – Community and Economic Development Director and Rice as alternate
Intergovernmental Relations:

Town and County Liaison Committee – Sauser, Bubser, 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) – Bubser, Wentworth, and Sauser as alternate
Great Basin Unified Air Pollution Control District – Wentworth and Bubser 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 – Bubser and Sauser Local Issues:

Mammoth Lakes Tourism (MLT) Board – Sauser
Mammoth Lakes Recreation (MLR) Board – Rea
Mammoth Lakes Housing (MLH) Board – Rice
Treasury Oversight Committee – Finance Director; Town Manager as alternate LEGAL CONSIDERATIONS:

According to the California Open Meeting Act, commonly referred to as the Brown Act, the agenda must reflect every matter to be discussed by a governing body.

RECOMMENDATION(S):

This agenda bill is submitted for information only.