Tenant Selection Plan – Innsbruck Lodge
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Verifying Annual Income
Projections of Annual Income will include estimates for each income recipient, and will be based on the best available information, considering the past year's gross income, and for employed families, the current income rate, and any potential rate increase, bonus, or possibility of overtime. The income of irregular workers will be estimated on the basis of the best information available, considering earning ability and work history. Overtime income will be computed in accordance with verification obtained from the employer, in the absence of more reliable or accurate information.
Methods of Verifying Income
Income is the most important factor in determining a household's eligibility and rent. The property has established methods of verifying income, which include:
Written third party verification (with an appropriate release) through an employer or public agency. Property staff may update this verification by phone provided a memorandum to the file is prepared.
Review of documentation provided by the household such as benefit checks, income tax returns, and W-2 forms. ·
In the absence of any of the above, affidavits from the household describing the amount and type of income is acceptable documentation.
Verifying Zero/N o m i n a l Income
If an applicant reports zero or nominal income ($100 or less income per month), the property will advise her/him that if they are still at zero income when they become a resident, they will be asked to complete a questionnaire prepared by the property stating their source of necessary living items that are not covered by Food Stamps or other Federal assistance sources. After 90 days at zero income, and for every 90-day period thereafter, the resident will be reviewed to determine if they have begun to receive any type of income.
Making an Occupancy Determination
Non-Discrimination
The following list of factors will not be considered in making a decision to admit or reject an application: race, color, religion, ancestry, national origin, age, sex, and sexual orientation, or gender identity, marital status, receipt of public assistance, parental status, political ideology, and disability, including mental or emotional illness.
Applicants with Disabilities
It is illegal to reject an applicant because s/he has a disability, or for reasons that could be overcome by the property's reasonable accommodation of the applicant's disability. If, even with a reasonable accommodation, applicants with disabilities cannot meet essential program requirements, it is permissible to reject them. Such insurmountable problems might arise because of behavior or performance in past housing, inability to comply with the terms of the property's
Tenant Selection Plan – Innsbruck Lodge
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lease, or needed services from property staff that represent an alteration in the fundamental nature of the property's program.
Authorizing Admission
If an applicant is clearly eligible and passes the screening criteria, admission will be authorized.
Authorizing Rejection
Likewise, if the applicant is ineligible, rejection will be authorized. See next section of this plan for further requirements regarding rejection
Rejection of Ineligible Applicants
Applicants who do not pass the eligibility requirements will immediately be sent a letter of rejection along with a copy of the Grievance Procedures (Attachment B). This written rejection notice will specifically state one of the reasons listed below for the rejection, and will inform the applicant of her/his right to respond to the owner in writing, or to request a meeting within 14 days to dispute the rejection.
Where possible, the property owner will work with the applicant to resolve issues that might lead to rejection of the housing application.
Acceptance of Eligible Applicants
Offering a Unit
When a unit becomes available for occupancy, it will be offered to the household on the CES with the highest need, in accordance with the terms for waiting list management as required by Project Homekey.
Preparing to Move In
The applicant and owner's representative will inspect the unit, and will both sign the Move-In Inspection Form;
All applicants will sign the lease and related documents; The applicant will pay the security deposit by bank check, cashier's check or money order;
The applicant will pay the pet deposit (if applicable) by bank check, cashier's check or money order;
The applicant will pay the rent for the first month or partial month of occupancy by bank check, cashier's check or money order;
The applicant will be given a copy of the lease, the Move-In Inspection Form, House Rules, Pet Rules (if applicable), the Lead-Based Paint Disclosure Form, and the receipt for the security deposit and first month's rent.
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Move-In Inspection
Before executing the lease the owner's representative and the resident will jointly inspect the unit. The move-in inspection form will be used to indicate the condition of the unit. The condition of the unit must be decent, safe, sanitary, and in good repair. If cleaning or repair is required, the owner will specify on the form the date by which the work will be completed, which will be no later than 30 days after the effective date of the lease. The inspection form must be signed and dated by both the owner and the resident.
Initial and Renewal Leases
The term of the initial lease of the Assisted Units will be for not less than 6-months. In the case of a lease for a term of more than one year, the Lease must contain a provision permitting termination on 30 days advance written notice by the eligible household after the expiration of the initial lease term.
Determination of Security Deposit
At the time of the initial execution of the lease, the Owner may collect a security deposit from each household in an amount equal to one and a half month's rent or $50, whichever is greater.
The eligible household may pay the security deposit from its own resources and/or other public sources. The Owner will work with the tenant to access community resources as needed for security deposit assistance. The Owner may also collect the security deposit on an installment basis if a security deposit presents a barrier to leasing. The Owner must place the security deposits in a segregated, interest-bearing account. The balance of this account must at all times be equal to the total amount collected from the eligible household plus any accrued interest. The Owner must comply with any applicable State and local laws concerning interest payments on security deposits and return the security deposit to the household following the legal requirements.
Pet Deposit (if applicable)
Pet deposit amounts will be determined by the Owner. The pet deposit will not exceed $300.
Pet deposits are not required for assistance animals needed as a reasonable accommodation due to a disability.
Rent Calculation
Rent will be determined by the Owner in accordance with Project Homekey requirements.
Failure to Move In on Time
If an applicant fails to move in on the agreed date, the applicant will be contacted to determine if extenuating circumstances exist. If the property determines that extenuating circumstances do exist, and the applicant cannot immediately move into the property, the application will be returned to its current spot on the CES waiting list, and the unit will be offered to the next household on the CES waiting list.
Charges for Facilities and Services Damages
Whenever damage is caused by carelessness, misuse, or neglect on the part of the resident, household member, or visitor, the resident is obligated to reimburse the owner for the damages within 30 days after the resident receives a bill from the owner. The property will deduct accrued, unpaid damage charges from the resident's security deposit at the time of move- out, as allowed by the laws of California.
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Special Management Services
The property will charge for special services such as responding to lockout calls and providing extra keys. At the time of move-out, the property will charge the resident for each key not returned.
Court Filing, Attorney, and Sheriff Fees
The property will charge accept fees from residents who wish to avoid or settle an eviction suit as permitted by State and local laws.
Unit Inspections After Move-In
In addition to the unit inspection at move-in, there will also be an annual inspection for repairs and monitoring of housekeeping habits. If a resident is written up for poor housekeeping habits, s/he must clean their unit within ten (10) business days.
House Rules
The property has Community Policies (House Rules) that are attached to the lease. These rules are reviewed annually and may be modified. Residents will be notified of any modifications to the House Rules 30 days before they become effective. All residents will be given the opportunity to accept the changes in writing.
Resident Responsibilities after Move-In
Annual Recertification Requirements
Once a resident has moved into assisted housing and has gone through the process of having his/her income, assets, and allowances verified, Project Homekey requires the owner to go through that same process of certification on an annual basis to ensure residents are paying rent based on their ability to pay. This system of annually re-verifying income is called Annual Recertification.
The owner will initiate the annual recertification process by first notifying the resident at the signing of each lease of their obligation to recertify next year. One hundred twenty days before the new recertification effective date, the owner will send the resident a reminder notice of their need to report for an Annual Recertification. The resident is then obligated to respond to these notices by reporting to the owner at the requested time, to complete the recertification process.
Interim Recertification Requirements
If circumstances occur in a resident's life that affect his/her ability to pay their rent, a recertification of income, assets, allowances, or household composition should take place before the next scheduled annual recertification is due. This action is called an Interim Recertification.
Owners and residents both have certain responsibilities under State regulations to initiate interim recertifications to ensure that an assisted resident continues to pay rent according to his/her ability to pay.
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Owner Responsibility
The owner will process interim recertifications when the resident reports circumstances, such as a change in income or household make-up.
Resident Responsibility
If a resident experiences certain changes in their income or household composition at a time other than their scheduled annual recertification, the State requires them to immediately report these changes to the owner, so that an interim recertification can be processed.
Unit Transfer Policy
When a resident reports a change in the number of household members, or a change in the household composition, the owner will determine if the current unit is still appropriate for the new household. To make the determination the owner will rely on the occupancy standards implemented for the property.
The owner will determine if there is an appropriately sized unit in the property.
Implementation of House Rules
The house rules in effect at this property are in place to ensure the safety, care, and cleanliness of the building, and the safety and comfort of the residents. They are in compliance with State and local requirements, and do not discriminate against individuals based upon membership in a protected class. The owner will give residents a written 30-day notice prior to implementing any new house rules.
Termination
Termination of Assistance
Prior to initiating any actions associated with termination, the owner will consult with the tenantreferral organization to attempt to avoid termination. Following this consultation, the owner may terminate a resident's assistance if:
• The resident fails to provide required information at the time of recertification, including changes in household composition;
• The resident fails, to sign/submit required consent and verification forms; • An annual or interim recertification determines that the resident has an increased ability to pay the full contract rent;
• The resident fails to move to a different-sized unit within 30 days after the owner notifies him/her that a transfer is required, and that the unit of the required size is available; Actions to terminate assistance will be based only on a change in the resident's eligibility for assistance or a resident's failure to fulfill specific responsibilities under program requirements.
Termination of Tenancy by Owner
The owner will terminate a resident's tenancy for the following reasons:
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Material Noncompliance with the Lease
The owner will terminate tenancy when a resident is in material noncompliance with the lease, including:
Failure of the resident to submit in time all required information on household income and composition;
Extended absence (60 days away from unit without prior management approval); Abandonment of the unit (without rent payment);
Fraud, which is when a resident knowingly provides inaccurate or incomplete information; Repeated lease violations;
Nonpayment of rent due under the lease.
Other Criminal Activity
The owner will terminate tenancy for any type of criminal activity; The owner will evict a household if it is determined that a household member interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents; The owner will terminate tenancy if it is determined that a household member threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; The owner will terminate tenancy during the term of the lease if a resident is fleeing to avoid prosecution.
Material Failure to Carry Out Obligations under a State or Local Landlord and Resident Act
State and local laws impose obligations on a landlord and resident. These laws provide that violations of the resident's obligations constitute grounds for eviction.
Other Good Cause
The owner will terminate tenancy for other good cause, which is defined by state and local laws.
The conduct of a resident may be deemed good cause, provided the owner has given the resident prior written notice and stated the conduct would constitute a basis for termination of occupancy in the future.
Termination of Tenancy by Resident
In order to terminate tenancy, the resident must provide the owner with a written 30-day notice to vacate the unit, as required in the lease. Prior to initiating any actions associated with termination, the owner will consult with the service providers.
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EXHIBIT F
MEMORANDUM OF AGREEMENT
1 1507\13\3500148.1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Town of Mammoth Lakes
437 Old Mammoth Road, Suite 230
Mammoth Lakes, CA 93546
Attn: Daniel C. Holler, Town Manger
NO FEE FOR RECORDING PURSUANT
TO GOVERNMENT CODE
SECTIONS 6103 AND 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
APN: 033-041-006-000
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT (the "Memorandum") is made as of April __, 2023, by and between THE TOWN OF MAMMOTH LAKES (the "Town") and INNSBRUCK LODGE AFFORDABLE HOUSING, LLC, a California limited liability company and controlled affiliate of MAMMOTH LAKES HOUSING, INC., a California nonprofit public benefit corporation (collectively referred to herein as "Owner"), to confirm that the named parties have entered into that certain Town Grant Agreement dated as of April __, 2023, as such may be amended as may be from time to time (the "Agreement"). The Agreement imposes certain conditions (including but not limited to, construction requirements, operating and use restrictions and covenants, and transfer restrictions) on certain real property located at 913 Forest Trail, Mammoth Lakes, California (APN-033-041-006-000), as more particularly described in Exhibit A (the "Property"). The Agreement is a public document and may be reviewed at the principal office of the Town.
This Memorandum shall incorporate herein all of the terms and provisions of the Agreement as though fully set forth herein. This Memorandum is solely for recording purposes and shall not be construed to alter, modify, amend or supplement the Agreement, of which this is a memorandum.
This Memorandum may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
[Signature Page Follows]
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IN WITNESS WHEREOF, the parties have caused this Memorandum to be duly executed as of the date first above written.
TOWN:
TOWN OF MAMMOTH LAKES, a political subdivision of the
State of California
By: _____________________________________
Daniel C. Holler, Town Manager
APPROVED AS TO LEGAL FORM:
ANDREW MORRIS
Town Attorney
By: ____________________________________
Andrew Morris, Town Attorney
Date: ______________________
[SIGNATURES MUST BE NOTARIZED]
[SIGNATURE PAGE CONTINUES]
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GRANTEE:
INNSBRUCK LODGE AFFORDABLE HOUSING, LLC, a California
limited liability company
By: Mammoth Lakes Housing, Inc., a California nonprofit public benefit corporation
By: _____________________________________
Patricia Robertson, Executive Director
Date: ___________________________________________
[SIGNATURES MUST BE NOTARIZED]
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
PARCEL 1 OF PARCEL MAP NO. 36-51 IN THE TOWN OF MAMMOTH LAKES, COUNTY OF MONO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1, PAGE 106 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1 TOWN COUNCIL STAFF REPORT
Title: Adopt the resolution ordering the detachment of territory from the North Village Benefit Assessment District 2002-2.
Meeting Date: April 19, 2023
Prepared by: Pamela Smitheman, Assistant Engineer
RECOMMENDATION:
Adopt the resolution ordering the detachment of territory from the North Village Benefit Assessment District 2002-2.
BACKGROUND:
The Town previously held the first reading and today held the second reading and adopted the Ordinance authorizing the levy of special taxes in Community Facilities District No. 2023-1 (Maintenance Services). This new district was formed in order to ensure that the properties included in Exhibit A provide maintenance services related to their operations.
As such, a resolution of intention of their detachment from the North Village BAD 2002- 2 was previously signed. After today’s public hearing, adoption of the Resolution ordering the detachment of territory from North Village Benefit Assessment District No. 2002-2 is recommended.
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, ORDERING THE DETACHMENT OF
TERRITORY FROM NORTH VILLAGE BENEFIT
ASSESSMENT DISTRICT NO. 2002-2
WHEREAS, the Town Council of the Town of Mammoth Lakes (hereafter referred to as the “Town Council”) has, by previous Resolution approved the formation of North Village Benefit Assessment District No. 2002-2 (hereafter referred to as the “BAD”), pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4, Part 1, Division 2, Title 5 of the California Government Code (commencing with Section 54703) to pay the costs and expenses of operating, maintaining, and servicing the improvements located within the BAD; and
WHEREAS, the Town Council intends to detach from the BAD the territory identified in Exhibit A, as a Community Facilities District is now in place to pay the costs and expenses of operating, maintaining, and servicing the improvements for the territory proposed for detachment; and WHEREAS, a Public Hearing was held on this date on objections to the detachment of the property from the BAD, and all interested persons were afforded the opportunity to hear and be heard.
NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY RESOLVE as follows:
1. The Town Council hereby orders the detachment of the property identified in Exhibit A from the BAD.
APPROVED AND ADOPTED this 19th day of April 2023.
___________________________
JOHN WENTWORTH, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk
EXHIBIT A
The territory to be detached from the BAD is listed below:
APN Owner Acreage
033-390-005-000 LIMELIGHT MAMMOTH LLC 0.54
033-390-006-000 LIMELIGHT MAMMOTH LLC 0.76
033-390-007-000 LIMELIGHT MAMMOTH LLC 1.09
039-030-014-000 GREENS BERNER STREET LLC 0.40
Mammoth Lakes Town Council
Agenda Action Sheet
1 Title: Public Hearing on Resolution to Modify the 2018-23 Mammoth Lakes Tourism Business Improvement District Management Plan.
Council Meeting Date: 4/19/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Hold a final public hearing to modify the existing Mammoth Lakes Tourism Business Improvement District (MLTBID) Management District Plan (MDP) and declare results of majority protest proceedings; and adopt the proposed Resolution BACKGROUND:
The MLTBID is a benefit assessment district that helps to fund sales, marketing, media relations and communications programs, and air service subsidy marketing programs for Mammoth Lakes tourism businesses paying the assessment. This approach has been used successfully in other destination areas throughout the state to increase tourism and commerce at assessed businesses.
The MLTBID currently includes all tourism businesses located within the boundaries of the Town of Mammoth Lakes. As used herein, the term “tourism business(es)” includes all tourism businesses: lodging businesses, restaurants, retail businesses, and ski resorts.
The Property and Business Improvement District Law of 1994, Streets and Highways Code §36600 et seq., allows for the Owners’ Association to request that the Town modify the MDP. The MLTBID Owners’ Association, Mammoth Lakes Tourism, has provided a written request to the Town Council to modify the authorized expenditures to be funded with the revenue derived from the levy of the assessments, as shown in the modified MDP. The modification affects only retail and restaurant businesses that collect sales tax. The modification changes the remittance requirements of the 1.5% assessment levied providing for the remittance of 1.38% to the Town and the retention of .12% to pay required sales tax on the assessment. Reserve funds may also be used to assist businesses in addressing or paying state required sales tax on previous transactions.
A copy of the Resolution to Modify the MDP is provided as Attachment A. A copy of the request letter and the MDP are included herein as Attachment B, respectively. Mammoth Lakes Tourism requested this change to the MDP to be consistent with the authorized expenditures proposed for the upcoming renewal of the MLTBID.
MLTBID MODIFICATION PROCESS
April 5, 2023 RESOLUTION OF INTENTION (COMPLETED)
Upon the written request by the MLTBID Owners’ Association, Mammoth Lakes Tourism, the Town Council may adopt a resolution of intention which states the proposed modification to the MLTBID. Mammoth Lakes Tourism provided a written request for the proposed modification to the Town Council dated March 29, 2023. Receipt of this written request allows the Town Council to initiate proceedings for MLTBID MDP modification at the April 5, 2023 meeting. A copy of the request to the Council to modify the MDP and the resolution of intention is provided as Attachment C.
2 April 7, 2023 NOTICE (COMPLETED)
The Property and Business Improvement District Law of 1994 requires the Town to publish the Resolution of Intention in a newspaper of general circulation in the Town at least seven (7) days before the public hearing and mail a complete copy of the Resolution of Intention to each tourism business owner affected by the proposed modification at least ten (10) days before the public hearing.
April 19, 2023 PUBLIC HEARING & RESOLUTION OF MODIFICATION The Town Council shall hold a public hearing on the proposed MLTBID MDP modifications. If the Town Council, following the public hearing, decides to modify the MLTBID, the Town Council shall adopt a Resolution of Modification.
Staff are recommending the adoption of the proposed resolution pending comments and any protests received as part of the public hearing.
ATTACHMENTS:
A – Modification Request Letter
B – Modified MDP
C – Resolution Modifying the Mammoth Lakes Tourism Business Improvement District Management District Plan
D – Adopted Resolution of Intention to Modify
E – TBID Modification Letter 4-7-23
RESOLUTION NO. ____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, MODIFYING THE MANAGEMENT DISTRICT
PLAN OF THE MAMMOTH LAKES TOURISM
BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the Town Council of the Town of Mammoth Lakes initially created the Mammoth Lakes Tourism Business Improvement District (MLTBID) in 2013; and WHEREAS, on June 6, 2018, the Town Council adopted Resolution No. 2018-37 renewing the MLTBID for a five (5) year term; and
WHEREAS, the Property and Business Improvement District Law of 1994, Streets and Highways Code §36600 et seq., allows the Town to modify the Management District Plan (MDP) at the request of the Owners’ Association; and
WHEREAS, the MLTBID Owners’ Association, Mammoth Lakes Tourism, has requested modification of the MDP; and
WHEREAS, a modified MDP has been prepared, and will modify the authorized expenditures to be funded with the revenue derived from the levy of the assessments, in order to be consistent with the authorized expenditures proposed for the upcoming renewal of the MLTBID; and WHEREAS, on April 5, 2023, the Town Council adopted a Resolution of Intention to Modify the MLTBID MDP No. 23-23 (the Resolution of Intention); and WHEREAS, the public hearing to consider the modification of the MLTBID MDP has been properly noticed in accordance with Streets and Highways Code §36623; and WHEREAS, on April 19, 2023, at 4:00 PM, at the Town of Mammoth Lakes Council Chambers, located at 437 Old Mammoth Road, Suite Z, Mammoth Lakes, CA 93546 the Town Council held a public hearing regarding the modification of the MLTBID MDP, and the Town Council heard and received objections and protests, if any, to the modification of the MLTBID MDP; and WHEREAS, the Town Council has determined that there was no majority protest. A majority protest is defined as written protests received from owners of tourism businesses in the proposed district which would pay fifty percent (50%) or more of the assessments proposed to be levied.
Protests are weighted based on the assessment proposed to be levied on each tourism business.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL THAT:
1. The recitals set forth herein are true and correct.
Resolution No. 23-
2. The Town Council hereby modifies the MLTBID MDP. The modification of the MLTBID MDP will modify the authorized expenditures to be funded with the revenue derived from the levy of the assessments, in order to be consistent with the authorized expenditures proposed for the upcoming renewal of the MLTBID.
3. This resolution shall take effect immediately upon its adoption by the Town Council.
APPROVED AND ADOPTED this 19
th day of April 2023.
__________________________
JOHN WENTWORTH, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk
Mammoth Lakes Tourism – 2520 Main Street – P.O. Box 48 – Mammoth Lakes – CA – 93546 – www.visitmammoth.com
Dear TBID Businesses,
This letter is to notify TBID businesses of a proposed modification to the existing TBID that runs through August 31, 2023. This modification ONLY AFFECTS TIER 1 RESTAURANTS AND RETAIL OPERATORS and NOT lodging.
Attached is a Resolution of Intention to modify the current TBID Management District Plan in response to recent written opinion issued by the California Department of Taxes and Fee Administration (CDTFA) requiring all businesses to pay sales tax on the TBID assessment amount. Again, this ONLY affects Tier 1 restaurants and retailers.
On April 19, 2023, the Mammoth Lakes Town Council will hold a public hearing to approve the modification to the TBID Management District Plan.
With this modification to the TBID Management District Plan (MDP), restaurants and retailers categorized as Tier 1 Restaurants and Retail Businesses in the MDP will continue to collect 1.5% TBID assessment on each sale; however, starting with April collections which are remitted by May 20th, each businesses would only remit 1.38% of the 1.5% assessment to the Town of Mammoth Lakes - the remaining .12% shall be reserved by the business to pay sales tax on the TBID assessment.
Starting May 1, 2023, the Town’s remitting website will reflect this 1.38% remittance rate. Each business will be responsible for its sales tax payments to the state including the TBID assessment amounts.
The Management District Plan for the proposed upcoming 2023-2033 TBID renewal includes this same language for collection, remitting and obligations to pay CA sales tax on the TBID assessment.
If you have not sent in your petition to renew the TBID, please do so before April 19, 2023. They can be signed, scanned and emailed to me at [email protected], or mailed to:
Mammoth Lakes Tourism
P.O. Box 48
Mammoth Lakes CA, 93546
Attn: TBID Renewal
Please feel free to reach out to me with any questions, thank you for your continued support.
Sincerely,
John Urdi
Executive Director
P.S. A copy of the 2023-33 TBID
Management District Plan as well as other
valuable information about the MLTBID
renewal is available at www.MLTBID.com
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Update and Council Direction on Response to Local Extreme Weather Declared Emergency, and Approval to Continue Emergency Road Repairs.
Council Meeting Date: 4/19/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Provide comments and requested direction on Town response and management of the declared local extreme weather emergency and approve findings to continue the authorized emergency road repair work as provided for in Resolution No. 23-24.
Summary:
The Town is continuing to respond to incidents related to the extreme weather emergency. The Town continues to receive calls regarding the structural integrity of buildings and completes inspections to determine the status of the building. Ongoing work and program processes to address previously issued “Red, Yellow or Green” tags on building are proceeding. The Mammoth Lakes Fire Protecting District (MLFPD) continues to respond to propane leaks and other calls. The last USAR Team was set to demobilize on Monday April 17th. At least one CalOES Engine was requested for another week, depending on the number and types of calls received by MLFPD.
Public Works and Parks staff are looking at opening areas closed by snow. This includes the Scenic Loop, limited parking by Twin Lakes, and additional sidewalks. The staff continues to ensure drains are clear and are ready to assist with sandbags should there be localized flooding. An initial meeting with FEMA representatives and staff was held on April 13th to review the damages in the Town and Mono County to determine if the County qualifies for Major Disaster designation. Staff will finalize a grant agreement with Mammoth Lakes Housing prior to this meeting and will provide the Council with a copy of the agreement. The agreement will provide $100,000 to assist families displaced from damaged homes. Staff is continuing to work on the small business grant program and will provide an update as part of this report.
Town roads continue to be impacted with additional potholes and degradation of pavement sections. As the snow melts additional damage to curbs and gutters, drain inlets, signage and sidewalks continue to be more apparent. On April 12, 2023, the Council adopted Resolution 23- 24 authorizing the emergency repair of roads through the procurement of the necessary equipment, services, and supplies for the repair, without a competitive bidding process. The need for the work authorized by this resolution continues to be necessary. A copy of the resolution is attached for Council information.
Recommendation:
Staff is recommending that Council find that due to the existing conditions and continued degradation of Town roadways from the extreme weather conditions and declared emergency, the emergency work provided for in Resolution 23-24 is still necessary. This action requires a 4/5ths Vote.
RESOLUTION 23- 24
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, FINDING THAT EMERGENCY
CIRCUMSTANCES JUSTIFY AWARDING A CONTRACT FOR STREET
REPAIR WORK WITHOUT COMPETITIVE BIDDING
WHEREAS, California law generally requires the Town to award contracts for public projects" in excess of $1, 000 to the lowest bidder after the completion of a competitive bidding process; and
WHEREAS, Public Contract Code Section 20168 provides that in case of emergency the Town Council may pass a resolution by a four -fifths vote declaring that the public interest and necessity demand the immediate expenditure of Town funds to safeguard life, health, or property, and that if such a resolution is adopted the Town may expend any sum required in the emergency without complying with competitive bidding requirements; and
WHEREAS, Public Contract Code Section 22050 authorizes the Town Council, with a four -fifths vote, to " repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts" if the Town Council finds, based upon substantial evidence, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency; and
WHEREAS, Mammoth Lakes has experienced extreme weather conditions during the winter of 2022- 2023, with historic accumulations of snow, leading the Town Manager to proclaim a state of emergency on March 3, 2023, which proclamation was ratified by the Town Council on March 7, 2023; and
WHEREAS, the extreme weather conditions have caused significant deterioration of numerous Town streets, resulting in complaints from community members and hazardous conditions on those streets, creating an immediate and urgent need for repairs to the badly damaged streets, constituting an emergency; and WHEREAS, the Town Council finds that as a result of the weather - caused damage to Town streets, pursuant to Public Contract Code Section 20168 the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, property; and
WHEREAS, the Town Council finds that based on substantial evidence, including without limitation the staff report presented to the Town Council on April 12, 2023, pursuant to Public Contract Code Section 22050, the emergency will not permit a delay resulting from a competitive solicitation for bids, and that responding to the emergency requires repair of public streets, other directly related and immediate actions, and procurement of the necessary equipment, services, and supplies for those purposes, without a competitive bidding process.
Resolution No. 23- 24
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth Lakes as follows:
Section 1. The foregoing recitals are true and correct and incorporated herein by reference.
Section 2. The Town Council hereby directs and authorizes the Town Manager and Public Works Director to contract for repairs to Town streets damaged by the winter of 2022- 2023, to take any directed related action, and to procure the necessary equipment, services, and supplies for the repair, without a competitive bidding process.
Section 3. Pursuant to Public Contract Code Section 22050, the Town Council shall review the emergency action authorized by this resolution at its next regular meeting and at each regular meeting thereafter until the emergency repair work is complete, to determine, by a four -fifths vote, that there is a need to continue the action.
Section 4. The Town Clerk shall certify as to the adoption of this resolution.
APPROVED AND ADOPTED this 121h day of i
ATTEST:
JA01E GRAY, Town C erk
STATE OF CALIFORNIA )
COUNTY OF MONO ) ss.
TOWN OF MAMMOTH LAKES)
I, JAMIE GRAY, Town Clerk of the Town of Mammoth Lakes, DO HEREBY CERTIFY under penalty of perjury that the foregoing is a true and correct copy of Resolution No. 23- 24 adopted by the Town Council of the Town of Mammoth Lakes, California, at a meeting thereof held on the 12th day of April 2023, by the following vote:
AYES: Councilmembers Bubser, Rice, Mayor Pro Tem Sauser, and Mayor Wentworth
NOES: None
ABSENT: Councilmember Rea
ABSTAIN: None
DISQUALIFICATION: None
JA I GRAY, Town Clerk
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.