I have heard council members, past and present, questioning why we have such a lack of community participation. I believe a lot has to do with the lack of engagement from the town and council. If you were to send a simple survey asking the community what their priorities are and how they would like to see their money spent, I believe you would see a good return. Town Hall meetings may be of interest to our community members as well.
Another reason people are reluctant to participate is because they feel it to be a waste of time. Many believe that decisions are made well before Council members are sitting at the dais.
I briefly touched on the issue of retaliation as another factor. I am not suggesting a person will be harassed, moreover, they fear it may hurt their business if they were to speak negatively about TBID or MLT.
Thank you for your time.
Kind Regards,
Dawn L. Vereuck
Cc: The Sheet
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Mammoth Lakes Tourism Contract Review
Council Meeting Date: 5/3/2023
Prepared by: Rob Patterson, Administrative Services / Finance Director Recommended Motion: Presentation and discussion of Town Council recommendations for edits to a 5-year contract with Mammoth Lakes Tourism FY2023-24 – FY2027-28. This discussion and consensus will inform final contract elements to be completed prior to July 1, 2023.
Summary: The contract with Mammoth Lakes Tourism (MLT) is set to expire on June 30, 2023.
Staff have been working on a new 5-year contract that will utilize the existing format while updating the expectations of the organization. The original contract format was designed to accommodate clear expectations of services provided while providing the opportunity to update key elements, deliverables, and compensation, on an annual basis. The annual planning calendar serves to schedule meetings for timely discussion on planning or reporting efforts. The contract includes a general service agreement containing the general provisions and legal language required for the contract and the following exhibits:
Exhibit A - Scope of Services - This section is intended to define overarching areas of focus (Access & Transportation, Brand & Community, Experience and Attractions, Infrastructure & Amenities for Tourism Activities, In Market Communication – Business to Community, In Market Engagement – business to business, and administration of TBID and Events.
Exhibit B – MLT Deliverables – This section was to be updated annually based on strategic planning between the MLT Board and Town Council. Each of the goals planned for the fiscal year will tie directly to the Scope of Services outlined in Exhibit “A.” All goals should be Specific, Measurable, Attainable, Relevant, and Timely to serve as a true measure of success.
Exhibit C – Compensation – This section will be updated annually based on the Town Council discussion on marketing focus and deliverables. This discussion should occur in January in advance of MLT strategy planning and budget development.
Exhibit D – Annual Planning Calendar – This section established the cadence and timing for joint meetings between Town Council and MLT. The planning calendar is designed to provide the appropriate timing for annual reporting and planning activities.
The attached redline version of the contract has been edited to reflect changes in scope of service, deliverables, compensation, and planning calendar. These changes are based on staff’s interpretations of Town Council expectation. Staff are seeking input into additional changes that may be necessary to finalize the contract by late June 2023.
SERVICES AGREEMENT BETWEEN THE TOWN OF MAMMOTH LAKES
AND MAMMOTH LAKES TOURISM
1. PARTIES AND DATE.
This Agreement is made and entered into effective on the 1st day of July 2023, by and between the Town of Mammoth Lakes, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 437 Old Mammoth Rd., Suite 230, Mammoth Lakes, California, 93546 (“Town”) and Mammoth Lakes Tourism, a California mutual benefit corporation and Federal 501(c)(6) nonprofit, with its principal place of business at 2520 Main Street, Mammoth Lakes CA, 93546 (“Contractor” or “MLT”). Town and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of tourism attraction, marketing and branding services, required by the Town on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing said professional services and is familiar with the plans of Town.
2.2 Project.
Town desires to engage Contractor to render such professional services related to Town’s visitor attraction and amenities, marketing, branding, and visitor experience and implementation of the Mammoth Lakes Tourism Business Improvement District Plan (TBID) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services related to visitor attraction, marketing, branding, public relations and visitor experiences (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Exhibit “B” sets forth the deliverables under the scope of work which will be reviewed annually by the parties. Any amendments to Exhibit “B” shall be made by written mutual agreement.
3.1.2 Term. The term of this Agreement shall commence on July 1, 2023, and terminate June 30, 2028, The Town and MLT may agree to extend the term of this agreement for up to one additional year by written mutual agreement. Notwithstanding the foregoing, this Agreement may be terminated as provided herein.
MLT Services Agreement - FY 2023-24 to 2027-28
2 3.2 Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Town retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of Town and shall at all times be under Contractor's exclusive direction and control. Neither Town, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Reserved.
3.2.3 Town's Representative. The Town hereby designates the Town Manager or designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“Town's Representative”). Town's Representative shall have the power to act on behalf of the Town but not the authority to change the total compensation due to Contractor under this Agreement. Any official communication from the Town of Mammoth Lakes with respect to the performance of this contract by the Contractor must come from either the Town Manager, their designee or the Town Council, and no other party.
3.2.4 Contractor's Representative. Contractor hereby designates John Urdi, Executive Director or his/her designee, or the executive director as may be filled during the term of this agreement, to act as its representative for the performance of this Agreement (“Contractor's Representative”).
Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement at the direction of the MLT Board. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.5 Coordination of Services. Contractor agrees to work closely with Town staff in the performance of Services and shall be available to Town's staff, Contractors and other staff at all reasonable times.
3.2.6 Standard of Care; Performance of Employees. Contractor shall perform all Services under this 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.
Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees
MLT Services Agreement - FY 2023-24 to 2027-28
3 and 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 Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein.
3.2.7 Laws and Regulations. 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 Services, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold Town, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.8 Insurance:
3.2.8.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subcontractor has secured all insurance required under this section.
3.2.8.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. (C) Workers’ Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per
MLT Services Agreement - FY 2023-24 to 2027-28
4 accident for bodily injury and disease.
(D) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
3.2.8.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the Town for approval.
(A) The policy or policies of insurance required by Section 3.2.8.2(A), Commercial General Liability shall be endorsed to provide the following:
(1) Additional Insured: Contractor agrees to endorse the third party general liability coverage required herein to include as additional insured the Town, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985 or later. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the Services contemplated by this Agreement to do likewise.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for nonpayment of premium. (B) The policy or policies of insurance required by Section 3.2.10.2(B) Automobile Liability, and Section 3.2.8.2(D) Professional Liability, shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for nonpayment of premium. (C) The policy or policies of insurance required by Section 3.2.8.2(C), Workers' Compensation, shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer
MLT Services Agreement - FY 2023-24 to 2027-28
5 waives all rights of subrogation against the indemnified parties. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for nonpayment of premium.
3.2.8.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.8.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.8.6 Deductible. Any deductible or self-insured retention must be approved in writing by the Town and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.8.7 Evidence of Insurance. Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.8.8 Failure to Maintain Coverage. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the Town. The Town shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement. In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.8.9 Acceptability of Insurers. 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 authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.8.10 Insurance for Subcontractors. All subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing
MLT Services Agreement - FY 2023-24 to 2027-28
6 subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the Town as an Additional Insured to the subcontractor's policies.
Contractor shall provide to Town satisfactory evidence as required under Section 3.2.8.1 of this Agreement.
3.2.9 Compliance with Laws. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations.
3.3 Fees and Payments.
3.3.1 Compensation. The Town will provide to Contractor compensation under the terms and conditions as provided for in Exhibit “C”. Exhibit “C” will be updated each fiscal year to reflect the current year compensation for MLT.
3.3.2 Reserved.
3.3.3 Reimbursement for Expenses. The compensation provided for in this Agreement constitutes the total compensation to be provided to Contractor. Contractor shall not be granted additional reimbursement for any expenses.
3.3.4 Extra Work. At any time during the term of this Agreement, Town may request that Contractor perform Extra Work to be agreed upon in writing between the parties in exchange for additional compensation to be agreed upon between the parties. As used herein, "Extra Work" means any work which is determined by Town to be necessary for the proper completion of the agreed upon task, service or project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the Town.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of Town during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. Town may by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least sixty (60) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been actually rendered to Town, and Contractor shall be entitled to no further
MLT Services Agreement - FY 2023-24 to 2027-28
7 compensation. Contractor may not terminate this Agreement except for cause, which shall consist solely of a breach by Town that remains uncured following sixty (60) days notice from Contractor to Town specifying the nature of the alleged breach. Contracts entered into by Contractor which are supported by funds provided under this Agreement, which are consistent with the purposes of this Agreement, and for which the project or service was approved through the a public process approved by Contractor’s Board of Directors and for which funds were allocated shall continue to be funded by the Town to the extent possible, subject to the availability of funding and ability for the Town to assume the contractual obligations, through what would otherwise have been the expiration date of this Agreement if this Agreement is terminated without cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Replacement Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor: Mammoth Lakes Tourism
2520 Main Street
P.O. Box 48
Mammoth Lakes, CA 93546
ATTN: John Urdi, Executive Director
Town: Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA 93546
ATTN: Town Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Town to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded
MLT Services Agreement - FY 2023-24 to 2027-28
8 on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that Town is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the Town. Town shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Town's sole risk.
3.5.4 Brown Act, Public Records Act, Conflict of Interest and Harassment Training and Compliance. At all times during the term of this Agreement Contractor’s Board of Directors shall comply fully with the Ralph M. Brown Act, Government Code Section 54950 et seq. Contractor’s obligation hereunder shall not be limited to complying with the Brown Act with respect to the Services, but rather such obligations shall apply to all activities of Contractor and/or its board during the term of this Agreement. Contractor shall comply with the California Public Records Act (PRA. Contractor shall comply with the provisions of the Political Reform Act and the related regulations adopted by California Fair Political Practices Commission, including without limitation the provisions and regulations concerning conflicts of interest. Specific conflict standards for the Board and Staff will be defined in an adopted conflict of interest policy. Contractor’s management staff and board shall attend similar harassment and ethics training as required of elected officials at least every two years and within six months of taking on their respective position. Contractor staff and board will attend similar harassment training as required of Town elected officials and staff, by attending training organized by Town or another governmental agency or a similar online training program. Documentation of training will be maintained by Contractor. MLT shall notify the Town Clerk of any Board vacancy and the name(s) of all new Board members. The Town, with costs funded from the Tourism Reserve as provided for in Exhibit C will provide clerking support services to include preparation of agendas, clerking meetings, preparing minutes and coordination of compliance with the above laws and similar support for standing committees that are subject to the Brown Act. All of Contractor’s public meetings shall be held in the Town Council Chambers and broadcast though the eSCRIBE system, which may include cable TV government channel broadcasting, unless there is a conflict for meeting space and meetings cannot be rescheduled.
3.5.5 Reserved
3.5.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.7 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.8 Indemnification.
3.5.8.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall
MLT Services Agreement - FY 2023-24 to 2027-28
9 defend, indemnify and hold the 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, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor's Services or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney’s fees and other related costs and expenses.
3.5.8.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of Town’s choosing and at Contractor's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.8.1 that may be brought or instituted against Town or its directors, officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Town or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding.
Contractor shall also reimburse Town for the cost of any settlement paid by Town or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Town's attorney's fees and costs, including expert witness fees. Contractor shall reimburse Town and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Town, its directors, officials officers, employees, agents, or volunteers.
3.5.9 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.10 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Mono County.
3.5.11 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.12 Town's Right to Employ Other Contractors. Town reserves the right to employ other contractors.
3.5.13 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.14 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the Town. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.15 Construction; References; Captions. Since the Parties or their agents have
MLT Services Agreement - FY 2023-24 to 2027-28
10 participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to Town include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.16 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.17 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.18 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.19 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.20 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.21 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.22 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.23 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
MLT Services Agreement - FY 2023-24 to 2027-28
11 3.6 Subcontracting.
3.6.1 To the extent that Contractor subcontracts any portion of the work required by this Agreement, each such subcontract shall contain a provision making it subject to all relevant provisions stipulated in this Agreement.
TOWN OF MAMMOTH LAKES MAMMOTH LAKES TOURISM
By: By:
Daniel C. Holler John Urdi, Executive Director
Town Manager
Jeremy Goico, Chairman
Attest:
By:
Jamie Gray, Town Clerk
Approved as to Form:
By:
Andrew Morris, Town Attorney
MLT Services Agreement - FY 2023-24 to 2027-28
A - 1
EXHIBIT “A”
SCOPE OF SERVICES
Mammoth Lakes Tourism (MLT) is tasked with improving the tourism industry in Town and increasing quality visitation. The scope of services provides an overview of the engagement between MTL and the Town of Mammoth Lakes. Specific SMART deliverables within these scope of service categories will be drafted by MLT and delivered to Town Council as part of the annual budget and operating plan review.
Access & Transportation Awareness
This service category is focused on increasing awareness of travel access to the Mammoth Lakes destination. The intent is for MLT to drive outbound communications and marketing to improve both visitor awareness of travel options to and within Town as well as monitor efficacy of subsidy programs that support regional transportation. Examples of Access and Transportation Awareness include but are not limited to:
● Air Access
○ Existing and Future Connectivity, coordination with Airline Partners, and regional agency partners?
● Air Service Promotion - Develop advertising and communication strategy for regional air service into BIH and MMH through media buying partners. ○ Promote air service locally through various channels
○ Collaborate with airline partners for “locals’ discount program” ○ Partner with local businesses to promote air service to their guests ● In-Town Transportation Awareness
● Regional Mobility
Brand & Community Awareness
As a destination and a brand, the Town of Mammoth Lakes engages MLT to develop and articulate a tourism destination voice that attracts people to the destination. This voice takes into consideration the disparate audiences that are engaged by tourism and marketing to visit the community, Examples of Brand and Community Awareness include but are not limited to:
● Brand Voice for Community
○ Develop tone of voice, key messaging and outreach strategy ● Domestic & International Marketing
○ Develop marketing plans to reach target audiences in order to increase visitation during identified periods (shoulder season, fall, midweek winter) ○ Maintain website with up-to-date information on local businesses and attractions ○ Manage destination Visitor Guide
● Multi-Season Opportunities
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A - 2
● Sustainable Visitation
● Destination Draw
○ Recreation
○ Business
○ Community
○ Events, Arts & Culture
● Public Relations / Communications
Experience & Attractions
Mammoth Lakes primary drivers for visitation are the experiences delivered in the region and the recreation opportunities available. MLT is tasked to drive awareness of and facilitate the development of best-in-class experiences that drive visitation. This includes leveraging partnerships to create recreation opportunities in the surrounding forest lands as well as create program and event support system for experiences in town. Examples of Experiences & Attractions include but are not limited to:
● Event Promotion, Development & Support
● Activity Promotion
● Diverse experience opportunities
● Sustainable Visitation
Infrastructure & Amenities for Tourism Activities
Development of infrastructure and amenities that will focus on development of tourism related infrastructure, advising on location and type of amenity, that will mitigate the impact of visitation and address deficiencies. This administrative role will serve to solicit input from the business and local community in identifying the needed infrastructure. ● Solicit input from community on needed infrastructure/amenities. ● Work with Town to incorporate these projects into Town Capital Improvement Program (CIP)
● Ensure projects utilizing TBID allocated Infrastructure funds have a direct benefit to the business community that pays the TBID assessment.
● Through coordination with Town, seek additional funding to augment projects that have greater benefit beyond assessed businesses.
MLT Services Agreement - FY 2023-24 to 2027-28
A - 3
In Market Communication (B2C)
While outreach to visitors are their point of origin is critical so is the engagement both with the visitor once in the town. MLT will develop communication tools to educate our visitors once in the community. Examples of B2C include but are not limited to:
● Collateral tools
○ Maps, Visitor Guides, Stickers
● Banners
○ Street and Event
● Wayfinding
● In-person representation (boots on the ground)
○ Marketing manager develops communication strategy within local community ○ California Welcome Center
● Local promotion programs
In Market Engagement (B2B)
Integral to the success of tourism outreach is the engagement and support of the local business community that drives tourism engagement and revenue generation. MLT will develop communication tools to educate and engage the tourism industry in the town. Examples of B2B include but are not limited to:
● Marketing Education Programs
● Local advertising programs
● Public Engagement & Outreach
● Local Partnerships (Chamber, MLR, Etc.)
Tourism Business Improvement District Administration
● Mammoth Lakes Tourism will continue to serve as the MLTBID’s Owners’ Association.
The Owners’ Association is charged with managing funds and implementing programs in accordance with the Management District Plan. TBID Administration ● Conduct appeal hearings on eligible assessed retail and restaurant businesses. ● Provide annual reports and budget presentations to Town Council ● Event Allocations
MLT Services Agreement - FY 2023-24 to 2027-28
B - 1
EXHIBIT “B”
Mammoth Lakes Tourism
FY 2022-23 – Draft DELIVERABLES
The FY 2023-24 deliverables reflect MLT’s commitment to a community first approach in representing the Town of Mammoth Lakes to our residents and visitors and in maintaining our brand awareness in existing and emerging destination markets. Stewardship for residents, community and environment are paramount.
Sustainable Revenue Generation
The Town of Mammoth Lakes continues to thrive as a tourism-based destination but not without challenges. Mammoth Lakes Tourism will continue to work to maximize revenues for our businesses and the Town while being the leading voice of education, stewardship, and responsible travel. Balancing resident quality of life, environmental protection and economic prosperity will be the ongoing focus. Considering housing and staffing challenges throughout the town, more people or 100% occupancy is no longer the goal; instead focus will be on enhancing the quality of life for our residents as well as the experience of our visitors while maximizing revenues and increasing need-time occupancy.
In this case, “sustainable” means “to be able to be maintained at a certain level or rate” but also “to use a resource without it being depleted or permanently damaged” such as our natural recreation resources.
1. Overarching Organization Deliverables
A. Community outreach and resident quality of life enhancement will be a major focus moving forward including local infrastructure enhancements including funding assistance from MLT.
B. Coordinate a minimum of two meetings annually with TOML, MLH, MLR, MMSA, USFS and other entities to begin developing a comprehensive Sustainable Destination Management Plan for our future success.
C. The continuous education of our visitors to respect our residents, community and environment will continue to be the focal point of our messaging.
D. Mammoth Lakes Tourism will remain nimble and flexible with the ability to shift messaging to best suit the needs of our community at any time.
E. Achieve $25m in TOT revenues for FY 2023-24 with 6 months at $2m+ and 5 months at $1m+
MLT Services Agreement - FY 2023-24 to 2027-28
B - 2
F. Achieve $7m in TBID revenues for FY 2023-24 via increased length of stay & visitor spend.
G. Enplanement goals for FY 2023-24 of 5,000 at MMH and 12,500 at BIH
2. Brand & Community Awareness – Responsible Travel & Visitor Education A. Heavily educate via stewardship messaging to visitors both before they arrive and while in-town.
B. Actively promote alternative activities/locations to limit overcrowding in popular areas.
C. Partner with journalists and athletes to promote stewardship via third parties.
3. Community Communications – Local Promotion and Advertising Programs A. Create & implement advertising and promotion plans (including work with MLCC, Lodging and Restaurant Associations) for local outreach both to residents and visitors for restaurants, retail, activities, gift cards, air programs, events, etc.
B. Track website pass-throughs to local businesses and events achieving a 5% increase YOY
C. Create new user-friendly website access for local businesses to update their listings, add special offers, and switch out imagery easily with the new website. Live by October 31, 2023
4. Community Engagement – Public Engagement and Outreach A. Develop a Community Communication Plan that includes a research project focused on determining appropriate channels for communicating and engaging with the different sectors of our residents. Weighing those findings against visitor sentiment on the same issues.
5. Community Engagement – Local Partnerships
A. Work with all local partners and TOML with a resident first lens and focus to identify infrastructure and quality of life needs.
B. Identify MLT funding during the budget process to partner with TOML on key community infrastructure initiatives.
6. Community Communications (B2C) – Banners & Signage
A. Ensure consistent quality banner product promoting 4-seasons and Real Unreal creative and work with TOML to replace broken banners and hardware as needed.
Banners should go up in April and down in November.
MLT Services Agreement - FY 2023-24 to 2027-28
B - 3
B. Work with TOML to get snowflakes up in November and down in April to swap out for banners
C. Explore installing digital kiosks in key locations of town to provide real-time guest information and stewardship messaging on touch screen monitors.
7. Brand & Community Awareness – Domestic Marketing
D. Develop air service marketing plan for potential new markets starting in winter 2024-
25. E. Focus on winter destination visitation to capitalize on off-peak periods (midweek/non-holiday).
F. Email database growth increase by 10% as compared to FY 2022-23 numbers.
G. Expand on The Real Unreal campaign, focusing on inviting and educating visitors that hold the same stewardship values as our residents.
H. Design and launch future-proof, mobile-first website based on new brand campaign by October 2023 and set new baseline for all web stats (i.e., page views, unique users, engagement, etc.)
8. Brand & Community Awareness – Multi-Season & Need Period Opportunities A. Emphasize marketing of fall months to stabilize TOT revenues in September at $1.1+ million and push for May and October to achieve $1 million.
B. Host international and domestic media visits to promote spring, fall and mid-week winter.
9. Brand & Community Awareness – Public Relations / Communications A. Vet and coordinate high quality domestic media visits with a mix of general travel and community effort messaging. Achieve 15% growth in unique impressions over 2022-23.
B. Coordinate 12 high quality international media placements over 2021-22.
C. Achieve 10% growth in impressions internationally over 2021-22.
D. Promote high altitude training and community efforts through Crib visitation and collaboration with Mammoth Track Club (Olympic focus).
10. Experience & Attractions – Event Promotion/Support
A. Increase budget to $330,000 (10% increase YOY) for 2023-24 event grant funding cycle for events in spring, summer, fall 2024, including a new Tier 1 event to fill offpeak event calendar.
B. Expand event promotion/advertising plan for summer 2023 to include campground hosts.
MLT Services Agreement - FY 2023-24 to 2027-28
B - 4
C. Develop an event survey with data to better understand visitor use, event success and local economic impact and implement for 2023-24 season.
11. Access & Transportation Awareness – Air Access
A. MLT to continue to support MMH Airport and scheduled charter air service through marketing efforts, airline contracting, and subsidy negotiation and payments.
B. Continue to responsibly explore year-round service at MMH and BIH
12. Access & Transportation Awareness – Air Service Promotion A. Promote local air discount programs to encourage both commercial and scheduled charter flying to fill outbound, off-peak flights.
B. Track fluctuations in BIH air service via NPS scores related directly to “visiting Mammoth Lakes”. Benchmark set at 79. Work with the TOML, business partners, transportation providers, MLCC and MMSA to reach an NPS score of 81 for summer 2023 and winter 2023-24 air visitors.
13. Access & Transportation Awareness – Regional Mobility A. Continue to explore new and expanded options for transportation at both MMH and BIH
B. Develop comprehensive action plan for crisis management of winter highway closures and diversion plans for scheduled charter from MMH to BIH.
14. Brand & Community Awareness – International Marketing A. Work with Visit California, Alterra and Mammoth Resorts to regain visitation from key international markets to come during our need times: Spring, Fall, midweek Winter.
B. Continue to Educate international travel trade partners on the value of Mammoth Lakes in the Spring, Fall, and midweek Winter.
C. Continue to represent MLT at international trade and media sales missions / industry conferences to promote Mammoth Lakes as a year-round destination.
MLT Services Agreement - FY 2023-24 to 2027-28
C - 1
EXHIBIT “C”
COMPENSATION
The Town Council adjusted the compensation process starting in FY22-23, setting an appropriate level of funding based on marketing focus and deliverables. The previous compensation, based on approved Transient Occupancy Tax (TOT) revenue and a calculation of annual compensation was replaced with this specific amount for the final year of the contract. This compensation method will set the funding provided to MLT only and does not adjust the percentage of TOT that is allocated to Tourism. The Town Council will review the contract amounts on an annual basis during the January meeting discussing the Town Council points of focus used to develop the MLT deliverables for the following fiscal year.
Section 1: Payments and Financial Accounting and Reporting (a) Funding Amount for FY 23-24: The annual compensation for FY23-24 has been set to $2,000,000 based on the requested marketing effort and defined deliverables. Notwithstanding this funding allocation, and except as provided below, Town shall make quarterly payments to Contractor for FY23-24 as provided below. If this Agreement is terminated prior to the end of a quarter for which payment has been made, Contractor shall refund to Town a prorated amount for the remainder of the quarter, in accordance with the termination provisions of the agreement.
The Town has established a Town-held “Tourism Reserve” to account for TOT revenues received in addition to the amount provided herein, consisting of 18.076923% of such additional revenues.
MLT may request the use of this reserve fund, but Town shall not be required to grant any such request. Prior to the expenditure of any portion of this reserve by the Town, the Town Council will
MLT Services Agreement - FY 2023-24 to 2027-28
C - 2
consult with MLT on the Town use of this reserve. The use of this reserve requires Council approval via adoption of a resolution, appropriation of the funds and a budget amendment. The Tourism Reserve may be used to: (i) fund extra work agreed to by the parties to include, but not limited to expanded visitor experiences, special events, capital investment (i.e. signage and wayfinding), expanded promotion/marketing special projects (i.e. Spartan Race in shoulder season) or similar projects; or (ii) as otherwise approved by the Town Council. The Tourism Reserve is not to be used to supplant required services provided for in the agreement. (c) By January 30th of each year, MLT will provide to the Town an accounting, plus a copy of any audit, of expenditures showing the use of Town provided funding for the previous fiscal year, July 1 to June 30.
(d) Funds received from non-Town sources shall be identified and accounted for separately.
Separation of sources and uses of funds is necessary to provide accounting of the use of restricted funds in compliance with any restrictions placed on funding.
Section 2: The Town may in its sole discretion provide additional funding to MLT in amounts approved by a resolution of the Town Council. The resolution will set forth the purpose of the funding, the source, any restrictions, and other matters relating thereto.
Section 3. In the event MLT ceases to operate or exist, all unexpended Town funds held by MLT shall be returned to the Town.
MLT Services Agreement - FY 2023-24 to 2027-28
D - 1
EXHIBIT “D”
ANNUAL PLANNING CALENDAR
January Audited Financial Statement
Accounting of Expenditures of Town provided funding from prior year Joint Meeting with Town Council
Town Council focus points and financial compensation for budget February Year to Date Financial Review
Programs update to Board of Directors
March Board of Directors Strategy & Goal Setting
Community Presentation
April Joint Meeting with Town Council
Deliverables and Strategy Draft to Town Council
May MLT Budget Draft to Board of Directors
Board of Directors to sign off on Deliverables.
June Joint Meeting with Town Council
Council approval of budget and deliverables
July New Fiscal Year & Budget begins
Tracking of new Deliverables
August No Planning Events
September No Planning Events
October Joint Meeting with Town Council
Prior year recap
TBID annual report as outlined in Management District Plan.
MLT Services Agreement - FY 2023-24 to 2027-28
D - 2
November No Planning Events
December No Planning Events
1 Jamie Gray
From: Joni T <[email protected]>
Sent: Friday, April 28, 2023 8:46 PM
To: Jamie Gray
Subject: NO on Measure A for MLT
[EXTERNAL EMAIL]
Ms. Gray,
Please forward this email to ALL Mammoth Lakes Town Council members on my behalf:
Attn: Mammoth Lakes Town Council Members
I have been following the debate about whether or not to allocate more funds from Measure A to Mammoth Lakes Tourism and also the extension of TBID.
As a full time resident of Mammoth for 16 years, I urge you to vote as follows:
NO on extending TBID beyond 2 years
NO on providing further funds form Measure A to MLT -- there are several other projects that the town is in need of that this funding should be used on such as affordable housing and town infrastructure. The town infrastucture has definitely been put to the test during this winter of 2023, and there are various areas that are in serious need of maintenance and repairs. YES on allocating a portion of TBID funds toward infrastructure.
Thank you for your attention to these matters.
Joni Toussaint
Mammoth Lakes
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1 Jamie Gray
From: Pat & EL Smoogen <[email protected]>
Sent: Saturday, April 29, 2023 6:41 PM
To: Sarah Rea; Chris Bubser; Amanda Rice; Jamie Gray
Subject: Measure "A" funds
[EXTERNAL EMAIL]
I, Patricia M. Smoogen, ask the town Of Mammoth Lakes Councilmembers to:
Vote NO on extending the TBID beyond two years
Vote NO on providing any additional funds from Measure A to Mammoth Lakes Tourism (MLT) Vote YES to allocate a portion of TBID funds toward infrastructure Pat Smoogen
A permanent resident of Mammoth Lakes for 23 years!
To help protect your privacy,
Micro so ft Office prevented
auto matic downlo ad o f this
picture from the Internet. Virus-free.www.avg.com
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1 Jamie Gray
From: Mitchell Amundsen <[email protected]>
Sent: Thursday, May 4, 2023 11:30 AM
To: Jamie Gray
Subject: to all council members
[EXTERNAL EMAIL]
please vote NO on extending TBID
please vote NO on measure A funding MLT
thank you
Mitchell Amundsen
Amuck Productions Inc
amuckproductionsinc.com
310 480 7800
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1 Jamie Gray
From: [email protected]
Sent: Thursday, May 4, 2023 3:22 PM
To: Jamie Gray
Subject: Say NO to Measure A Funds going to MLT
[EXTERNAL EMAIL]
Dear Jamie Gray,
Please share these comments with all council members.
Enough is enough, we can't be a good resort town if we don't have housing for employees or fixed roads for transit.
MLT has too many sources of funds and this needs to be spread out to meet basic community needs. Social media is the marketing tool at no cost.
Vote NO on Extending the TBID beyond 2 years.
Vote NO on providing any additional funds from Measure A to MLT, no double dipping.
Vote YES to allocate a portion of TBID funds toward infrastructure.
Mary Feddis
Mammoth Lakes Resident
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1 Jamie Gray
From: Alec Clowes <[email protected]>
Sent: Thursday, May 4, 2023 3:25 PM
To: Jamie Gray
Subject: Public comment for TBID meeting
[EXTERNAL EMAIL]
Hi Jamie,
I would like to submit the following public comment for the May 17th Town Council meeting regarding the MLTBID:
My name is Alec Clowes and I am a resident of Mammoth Lakes as well as the owner Bevi Bene, a small business which pays TBID. I suggest that the Council restructure the TBID so one half of revenue is allocated towards marketing and air service subsidy and the other half is allocated toward services and infrastructure in Mammoth Lakes. At this time I believe the best way to grow tourism is to offer a better experience. Thank you.
Thanks,
Alec
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1 Jamie Gray
From: Tim Gallagher <[email protected]>
Sent: Friday, May 5, 2023 11:07 AM
To: Sarah Rea; Chris Bubser; Amanda Rice; Jamie Gray
Subject: Vote NO on TBID renewal and NO to Measure A funds going to MLT [EXTERNAL EMAIL]
Greetings Councilmembers,
I'm writing to express my desire for Mammoth's Town Council to say NO to extending TBID in its current form and NO to Measure A funds going to MLT.
Our town is thriving, yet hurting. I believe that for the next few years we need to focus on housing and infrastructure.
We need to allocate funds to these two priorities instead of marketing and filling airplane seats. Visitation to Mammoth has exploded and the experience for visitors and locals has been diminished. I'm a 33 year local and have watched many good people leave the area because of the exorbitant cost of living and poor decision making by the town government.
This has left many of our businesses short staffed and stressed. Please, let's make Mammoth sustainable for locals while providing an excellent experience for our visitors. I know they can coexist.
Thank you for your consideration and for all that you do for our town.
Tim Gallagher
(760)914-1447
--
Tim Gallagher
General Manager
Wave Rave Snowboard Shop
3203 Main St / PO Box 2479
Mammoth Lakes, CA 93546
760.934.2471
waverave.com
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1 Jamie Gray
From: Sophie C. Bidet <[email protected]>
Sent: Sunday, May 7, 2023 5:50 PM
To: Sarah Rea; Chris Bubser; Amanda Rice; Jamie Gray
Subject: NO No NO on TBID Renewal
[EXTERNAL EMAIL]
Good evening Council Members:
Thank you for your services and your thoughtful deliberations on the heated issue of the TBID.
We have built it, and they have come. They are here in winter, fall, spring and summer- gone are the shoulder seasons when locals could regroup, breathe and enjoy our backyard with a little bit of space. With them came second homeownership where demand far surpassed supply. You have all heard the stories- a family of 3 seeking employment in Mammoth as, let's say, a Deputy DA, or teacher or nurse or law enforcement, are offered an annual income of $130,000 but soon realize that they cannot afford to rent a comfortable 2 bedroom home let alone purchase a decent condo (won't even mention a home). We are able to house the community who services the tourists (hospitality, low income housing) to the detriment of the community that services our community (first responders, county employees, nurses, teachers, mental health professionals, law enforcement..). I have seen middle class families leave in flocks and they are not being replaced easily.
Mammoth Lakes is on the map and everyone knows about it. We do not need more marketing. We do not need airline subsidies. While some may argue that the town wants "a higher and more refined guest," to that I respond, to what extent? Enough is enough. TBID has served its purpose ten times over. We do not need to spend more money on social media hashtags a la "therealunreal" or "don't be a bleephole" or social media posts showcasing an illusion.
TBID proponents will likely argue that funds will be earmarked for infrastructure and middle class housing and towards the betterment of our locals, to which I respond, "it's too late." They have had that authority and discretion and they failed to use funds towards the community.
Our community is dwindling and for those that remain despite the fact that it is impossible to buy a home for less than $1M anywhere from Crowley Lake to Mammoth Lakes, they need assistance.
Mammoth Mountain has the highest skier visit. And they are coming despite the potholes, empty buildings, lack of sushi restaurants, no ice rink or Woodward. Let's applaud MLT for the work they have done and bid them adieu.
Thank you for taking the time to read my layperson opinion of TBID.
Sophie
--
Sophie- Charlotte Bidet
Law Offices of Sophie C. Bidet
272 Sierra Manor Road, Suite D
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2 P.O. Box 3475
Mammoth Lakes, California 93546
tel: (760) 920-6120
fax: (760) 582-4395
1 Jamie Gray
From: Ken Brengle <[email protected]>
Sent: Wednesday, May 17, 2023 11:01 AM
To: Jamie Gray
Cc: Dan Holler; John Wentworth; Bill Sauser; Chris Bubser; Amanda Rice; Sarah Rea; Andrea Walker ([email protected]); Alisa Mokler Harper; Brent Truax ([email protected]); Tom Parker; Rich Sanfilippo; Jeremy Goico ([email protected]); John Urdi ([email protected]); Loree Peterson (MM); William Bauman; Sonja Bush; Robert H Brumfield; Brianna Goico; Samantha Lindberg Subject: Mammoth Lakes Chamber of Commerce (MLCC) in Support of Mammoth Lakes Tourism (MLT) Funding
[EXTERNAL EMAIL]
To the Honorable Town Councilors, Town of Mammoth Lakes:
I will try and be as "Shakespearian" in my writing as I was in my verbal presentation. On behalf of the MLCC Board of Directors I would like to inform the Town Council that MLCC is in support:
Of maintaining the $2 million in Measure A dollars to MLT. In order to provide a well-rounded marketing effort, there are expenses and programs that cannot be funded by TBID dollars. If the Council was still honoring what the voters had passed concerning Measure A dollars, MLT should be receiving over $5 million in TOT funding. We are just asking that you maintain the current $2 million in Measure A dollars.
We still encourage the Council approve the TBID renewal for a 10-year term. As I stated in my verbal testimony, the MLCC Board has voted unanimously to endorse the TBID renewal at the 10-year term. Additionally, every MLCC Board member who is a TBID remitter has signed and returned their petition supporting the 10-year renewal. The purpose of your marketing effort is to increase economic activity which in turns increases your local tax revenues. This fiscal year, the amount of revenue over the budgeted number will be, at a minimum, $12 million. That can help fund workforce housing and a number of capital improvements for those of us living and working in Mammoth Lakes.
MLCC supports the MLT Board of Directors and the direction and policies they have laid out to guide MLT. We hope the Town Council will support those 9 individuals in their efforts to market our community.
Thank you,
Carpe Diem,
Ken Brengle, CCE, IOM Executive Director
Mammoth Lakes Chamber of Commerce
+1-760-934-2712 x1333 – Cell 949-226-3519
2520 Main Street (POB 3268) | Mammoth Lakes, CA 93546
MammothLakesChamber.org
[email protected]
2
Mammoth Lakes Town Council
Agenda Action Sheet
Title: FY23-24 Budget Review - Housing NOW! and Capital Improvement Program Budget
Council Meeting Date: 5/17/2023
Prepared by: Rob Patterson, Administrative Services / Finance Director Recommended Motion: Staff is requesting Council comment and direction on presentation of Housing NOW! and Capital Improvement Program that will assist staff in preparing the tentative FY23-24 budget to be presented on June 7
th for Council consideration.
Summary: Staff continues to work on the FY23-24 budget in preparation for final adoption on June 21, 2023. Two main work programs that are critical for the community are Housing NOW! initiatives and the Capital Improvement Programs. This report will provide information on current status of each program and updated plans for the year.
The Housing NOW! initiative supports one of the Town Council’s Strategic Priorities which is to “Expand availability and affordability of Community Housing.” Staff have identified opportunities 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. These programs have been in place for a few years and continue to mature in both approach and capability.
The Capital Improvement Plan (CIP) is part of a 5-year forecast on the needs of the community and potential funding sources to achieve those needs. The Public Works / Engineering team is responsible for the 5-year CIP and there will be more in-depth discussions on the total program in the coming months. This presentation is to introduce the key projects that are either currently in process or will begin in FY23-24. The purpose of the discussion is to identify any funding gaps that may exist in achieving these projects. In some cases, the funding source has already been identified, but others may need additional resources added from one-time sources during quarterly budget review.
Attached is the budget narrative for Fund 245 – Housing NOW! Initiative and Fund 300 Capital Improvement Plan.
1 Fund 245 – Housing NOW! Initiative
The Housing Program fund has been used for several years to track grant funding for first time home buyers and Mammoth Lakes Housing buyback program for deed restricted properties. In FY20-21, staff adjusted the fund to include other housing programs and has recommended that all housing related allocations be transferred to this fund for better tracking. This effort created the “Housing NOW! Initiative, which encompasses several housing programs. Staff and Town Council have focused on transferring all available resources to this fund in support of our Housing Now! initiative. The various housing programs administered by the Town are designed to address various needs of the community with innovative ways to address this multi-faceted need. Funds are allocated to these programs during the quarterly budget updates, annual budget process and upon the receipt of various grants. The idea is to accumulate funds in each “program” so the Town can quickly respond when appropriate units or opportunities become available.
The various Town programs established under the Housing NOW! Initiative are discussed in detail below with some reconciliation of current year activity. In some cases, FY23-24 transactions are anticipated and included in the reconciliation.
2 TOML – MLH Partnership Projects
The Town has four partnership programs with Mammoth Lakes Housing (MLH) that are included in our Housing NOW! initiative. MLH often serves as a subrecipient of Town awarded State grants of CDBG or HOME Funds used for down payment assistance and other State grant funded housing projects. In addition to these grant funds, MLH assists the Town in providing affordable housing solutions by partnering on projects or programs listed below.
Revolving Loan Fund (RLF)
MLH assiststhe Town in the preservation of existing deed restricted units as well as adding to the deed restricted unit portfolio by acquiring units through the Bridge Program, described below. The Town Deed Restriction Preservation program is currently funded at $750,000 and can be used by MLH or the Town to buy back deed restricted units should a qualified buyer not be found within the allowed time frames.
The program is funded primarily from in-lieu housing fees collected from new development projects. Staff is recommending program funding be increased to $1,000,000 in FY23-24 using current in-lieu fees. Mono County also sets aside $300,000 for this program. The increase in funding is reflective of efforts to increase the number of deed restricted ownership units and to ensure those units remain deed restricted.
3 MLH Access Apartments
Mammoth Lakes Housing has an ongoing project to renovate a current commercial building into an 11-unit (1-br) affordable housing project called Access Apartments. This project is located at 238 Sierra Manor Road. The project requires significant remodel and MLH has been working on several funding sources to achieve the work. To date, the Town has committed $1.5 million in Town funds to support the project as well as sponsoring the CDBG Grant program for another $3.0M. MLH has secured a HOME Grant for $3.4M for the project. MLH continues to work to revise the project to control costs and is currently seeking additional funding necessary to complete the project.
4
5 Homekey – Innsbruck Lodge
MLH has another affordable housing project in the Town, converting the former Innsbruck Lodge located at 913 Forest Trail, to produce 15 units of affordable housing and 1 managers unit. The property has been acquired and the full project is being scoped for final development. The various funding sources for the project include: Homekey state grant for $4.56M, with the Town as a co-applicant on the grant. The Town has committed $1.4 million of its own funding along with $550,000 from Mono County for the project. The reconciliation below shows the transaction and available balance involving the Town’s funds only.
6 Town Program – Bridge Program
The Town’s Bridge program is designed to acquire units for sale at market value and resale them to individuals at a subsidized rate, making them more affordable for home buyers. In exchange for these subsidized sales, the Town has a deed restriction on the property to ensure it remains in the affordable housing stock for the Town. The Town also retains the first right to repurchase the properties in the event the seller wants to sell the property and a qualified buyer is not secured. The Town has committed $2.2M to this program. To date six housing units have been purchased for the purpose of making the units available to households earning 120% to 150% of the area median income (AMI).
The funding provides a “bridge” for our local workforce to move from renting to homeownership. Of the six units acquired, four have been transitioned into private home ownership with deed restrictions, one is in escrow to be transferred into private home ownership, and one unit was recently acquired, but is being used as interim housing for a household displaced as a result of the winter emergency. The average Town subsidy to make the units affordable is $100K - $150K per unit. Interest rate hikes from the current economic situation have softened the ability for families to purchase the units; however, the Town may be able to provide down payment assistance to address these challenges when necessary. Down payment assistance has been provided from miscellaneous funding within the Housing Now! Initiative and other State grant programs. Proceeds from the sale of these units are placed back in the program. Over time these funds will be diminished due to the affordable selling price. The goal of the program is to provide 10-12 households with affordable home ownership.
Bridge Program Available Balance for FY23-24 $1,110,710.
7
8 Town Program - Parcel Phase II
Staff and the development team at Pacific West Communities (PWC) have completed preliminary design work on the second phase of the Parcel. At this time, the project is envisioned to include 146 affordable units consisting of a mix of studio, 1 bedroom, 2 bedroom, and 3-bedroom rental units, plus 2 manager units (148 total units). The entitlement process has been completed and the Town and PWC are preparing to re-submit for grant funding in May 2023. The probable funding sources are well known, and an estimate of the Town’s contribution has been based on these opportunities. The project is split in to two phases, Phase 2a – 72 units and Phase 2b -76 units. The initial estimated Town participation for Phase II is $5,057,263 million consisting of $3,842,000 in cash and $1,215,263 in Development Impact Fee and Land loans and the funding was split between the two phases. However, these contributions were not adequate to make the grant applications submitted in 2022 competitive for State funding. Town is recommending an additional contribution of $4.0M from existing Housing NOW! funding to be allocated to this project for submittal of phase b of the project. Total Town General Fund “cash” contributions to Phase II of the Parcel project will be committed to Phase 2b in the amount of $7,842,000.
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10 Town Program - Creative Housing Initiative (Public / Private Partnership) This program is designed to set aside funding to partner with a private entity to develop affordable housing projects and has been used to address interim housing needs for Town employees. These projects often have price restrictions that do not make them an economically viable project for a private developer. The Town funds contribute to the affordability of the projects to help them “pencil” for the developer. In exchange, the housing stock is put into the affordable housing category, with various deed restrictions. The program can support long term rentals for local employees and may have income restrictions as well. The funding may also support for sale units with similar deed restrictions considered. The concept is to structure the rental housing with a lease(s) to local employers to support the financing of the project along with a Town grant. A regulatory agreement would be in place to cap maximum lease amounts and to address the potential future sale of the units. Employers may further subsidize rents to secure housing for their employees. To date, the Town has not been able to secure a private partner to move projects forward due to the economics of the projects. The Town has used a portion of the funds to acquire three-studio units and one two-bedroom unit to assist the Town and other agency partners in transitioning employees to the region. The Town also owns a one-bedroom unit and two, two-bedroom units, which were purchased prior to the Housing NOW! Initiative.
11 Town Program – Housing NOW! – Unallocated Funds
When the Town allocates funding to the Housing NOW! initiative that is not designated for a specific program, the Town accumulates the funds in this section. The bulk of the expense in this section is the transfer of funds to defined programs or specific projects. The Town did place a transaction that involved several elements of the Housing NOW! initiative all in one transaction. The Town does anticipate moving $1,160,506 from this section to the Parcel Phase II to complete the $4.0M needed for grant application discussed above. Below is a reconciliation of the activity in the fund including the anticipated transaction.
A few housing projects are actual construction projects conducted by the Town. In those cases, they are reported under the following CIP presentation under project identification of AF for affordable housing. These projects are the 60 Joaquin project and Parcel Phase II Infrastructure discussed below.
12 Capital Projects Fund (300)
The Town of Mammoth Lakes Public Works Department currently has several capital improvement projects underway. Funds to support those projects come from a variety of state and local sources. It has been described that the Town does not have a typical approach to funding our Capital Improvement Plan (CIP) and Major Maintenance Program (MMP) work. As an example, we have no annual General Fund source for CIP projects. The work is pursued based on funding availability as it changes every year. Over the past several years the Town has been able to use greater than anticipated revenues to fund several capital projects. Funds are generated through the Town’s financial management and budget practices. These revenues are the primary source of revenue for several recent projects and provide support for projects funded from restricted revenues. These efforts also funded a number of deferred maintenance projects. Changes in budget management have also resulted in planned larger fund balances in some of the Town’s key funds.
This includes the Gas Tax Fund which funds road projects and the Airport Fund to provide grant match dollars and to fund non-grant eligible projects. These efforts leverage other funding sources from the State, grants, and other restricted revenues.
A stated goal of the Engineering Department is to prepare projects to the point of being “shovel ready” and should funding become available, we are prepared to proceed expeditiously. Three examples of this effort are the Project Study Reports (PSRs) being completed for new Multi Use Path segments on South Main Street and along Minaret. A third project includes a potential pedestrian bridge and new bus shelters at Canyon Blvd by the Village. The Town typically budgets approximately $580,000 each year to improve our roads and infrastructure. This is used for annual road maintenance and unspent funds are carried forward to fund larger projects. Restricted revenues are also used to fund capital projects. This includes local tax Measures R and U, Local Transportation Funds (pass through of State funds), SB1 gas tax revenues, State housing related grants and funding from benefit assessment districts to note a few. The summary provided below provides a brief note on the funding sources for each project. With few exceptions the General Fund noted revenues are the result of the Town’s financial management and budgeting program and reflects the success we have experienced over the past few years in generating transient occupancy tax and other revenues. Through this process the Town continues to provide core services, added a few new program areas, committed millions to housing programs as discussed above, and supported the capital improvement program presented here for consideration. Below is a summary of the planned projects for FY23-24.
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14
15 60 Joaquin Rd – Four New Housing Units (AF3)
The Town acquired the vacant 0.20-acre site at 60 Joaquin Road in the Sierra Valley Sites in summer 2021 for approximately $200,000.
The Town Council authorized a contract with the selected Design-Build entity, MMI Consulting LLC, in April 2022 and the Town is looking forward to kicking off the project in Summer 2023. The project will provide four (4) for-sale units in two (2) duplex buildings that will be available to households earning up to 150% of the area median income (AMI). Per the schedule provided by the Design-Build entity, construction is scheduled to begin in Summer 2022 and be completed in early 2024. A rendering of the project as proposed is below.
The final design is subject to the Town’s typical entitlement process.
Carryover Budget Allocation FY23-24: $2,700,000
Parcel Infrastructure Grant (AF4)
The Town and the Parcel Development Partner (Pacific West Communities) were awarded a $20.6 million Infill Infrastructure Grant (IIG) from the California Department of Housing and Community Development. The use of these funds will extend over several years as the Parcel is built out. The funding will be used for public and private infrastructure to support this affordable housing project. The build out is planned to include a minimum of 450 housing units. Phase I (81 units) is under construction and Phase II (148 units in two phases) is in the approval phase. The Capital Budget carries the grant funding over time and actual use of the funds will depend on construction schedules.
Total Carryover Budget Allocation FY23-24: $11,000,000
16 Aircraft Rescue & Fire Fighting (ARFF)/Snow Removal Equipment Building (AP2) Mammoth Yosemite Airport currently leases a hangar from the Fixed Based Operator to house its ARFF and snow removal equipment.
The hangar does not have adequate space to house all of the equipment and therefore much of the equipment is stored outside. The project will provide adequate storage for equipment and will enhance airport safety by providing adequate ARFF support rooms and increase ease of access and response times to any airport incident. This project includes a new 7-bay equipment building with apron for vehicles and an access road. NEPA and CEQA have both been completed for the proposed project. The Town had received an initial grant allocation of $8.4M to fund construction for the project. Subsequent review by FAA significantly reduced the eligibility of certain elements, effectively requiring the Town to fund 47% of the total construction for areas deemed unnecessary. Due to the last-minute adjustments, FAA agreed to support an application for grant funding to redesign the building to serve the needs as identified by FAA rather than Town identified needs for the Airport. Staff has adjusted the plans for FY23-24 to request these funds from the FAA as a grant and complete the work on redesign. Anticipated cost of redesign is $650,000 with FAA grant covering approximately 91% of that cost. Anticipated Town Funds needed are $58,500.
Budget Allocation FY23-24: $650,000
17 Automated Weather Observation System (AWOS) Relocation (AP8) This project includes the costs to design and construct a new Automated Weather Observation System (AWOS) at Mammoth Yosemite Airport. The AWOS requires a specific clearance area around it and the proposed ARFF/Snow Removal Equipment Building will be within that clearance area, therefore it needs to be relocated. The existing AWOS is also outdated, and many parts can no longer be purchased and used in the relocation, therefore an upgrade for a new system was also included in the total project cost. FAA has provided grant funding of $540,718 to complete this work and the construction should be completed in FY23-24.
Budget Allocation FY23-24: $540,718
18 Design for Reconstruction of General Aviation (GA) and Terminal Parking Lot (AP9) This is the cost for design of reconstruction of the Airport’s parking lot which services both general aviation and the terminal. The parking lot is severely deteriorated and in need of reconstruction. The project design includes repaving and ADA, signage, lighting, and drainage improvements. This design work will have a total cost of $104,000 with $94,649 funded by the FAA requiring $9,351 of Town funds. The Airport has set aside capital improvement funding to support this project.
Budget Allocation FY23-24: $104,000
Town Public Works Yard Fuel Island Upgrade/Replacement (GF6) The upgrade of the Town’s fueling system at the Public Works Yard (or Corporation Yard) will provide long-term fuel security for the Town and its partners. The project originally envisioned a new fuel island with above ground tanks. The island would be relocated to provide better circulation in the Town Yard. The construction estimates for this work were higher than the budget so a decision was made to rehabilitate the existing fuel island. Staff felt that a large investment in a new fuel island was not warranted as there is much change in the transportation world. Electric vehicles and buses are becoming commonplace. It’s very likely that our need for gas and diesel will diminish as electric vehicles are integrated into the regional fleets. It seemed appropriate to invest less money remediating our existing
19 fuel island to extend its useful life. Staff divided the project into two phases. In the first phase the tanks were emptied and cleaned. A contractor was engaged to x-ray the tanks and identify any weaknesses or leaks. Fortunately, no leaks were found but it was decided to line the tanks to ensure their longevity. This work was completed in 2022 for $107,000. The second phase will replace the existing concrete slab and fill and pump access points. These metal rings have failed after years of abuse and loading from snow removal and large vehicles allowing water to seep into the tanks and corrode the mechanical systems. The new concrete and rings will be stronger and sealed from the elements providing a longer life cycle.
Carryover Budget Allocation for FY23-24: $600,000
Communication System (GF8)
The Town of Mammoth Lakes is working with regional partners to upgrade the 30-year-old communications system. The Town has set aside funding to support the implementation of a new system. Currently $1,500,000 has been set aside for the project. Setting aside funding when available to the Town will mitigate the financial impact of upgrading the system. The current analysis supports integration of communication systems with the planned State system. The California Radio Interoperable System (CRIS) Program was established in 2019 as part of a strategic effort to leverage the more advanced radio technology available on the market today and to put a more robust and effective communication tool at the disposal of California’s first responder community. The key features of the CRIS will be a Project 25 compliant trunked radio system which interfaces to similar local systems throughout the state of California. When fully developed the
20 CRIS will provide radio coverage to over 90% of the State’s population and over 60% of the State’s geographic footprint. The final cost of the system implementation is not determined at this time; however, it is expected to be less than our current available funding.
Carryover Budget Addition for FY23-24: $1,500,000
Mammoth Arts and Cultural Center (MACC) (GF9)
The establishment of the Mammoth Arts and Cultural Center (MACC) in the Town of Mammoth Lakes has been under consideration for several years. The concept plan includes a performing arts auditorium, use of Edison Hall (theatre), storage/workshop space, and other ancillary uses. The concept plans have gone through several iterations. Aligning the scope of the project with realistic funding availability has been challenging. The location for the MACC is on property (Approx. 8 acres) owned by the Mammoth Lakes Foundation (MLF). Over the past year Town staff have been engaged with the Mammoth Lakes Foundation to evaluate options to achieve a viable project and take advantage of new opportunities. This process has been under discussion in different forms for several years.
A concept design for a new performing arts auditorium integrated with the existing Edison Hall was prepared. The concept achieved a more realistic project that is being refined to ensure the facility will meet the existing and expansion needs of most current users and serve new opportunities. The execution of this refined vision was separated into two phases. The first phase includes an interior remodel of the existing footprint of Edison Theatre. The second phase would include the construction of the new 250 seat performing arts auditorium.
The first phase has been designed to support the expanded second phase but may function as a standalone facility if the larger new construction were not to proceed. The first phase of the project will be managed by the Foundation as a private project independent of public funding. The second phase of the project would be a public works project managed by the Town on behalf of the Mammoth Lakes Foundation. The Town has committed up to $300,000 annually for operation and maintenance funding from Measure U for the expanded facility (second phase). The Edison Hall Renovations will be fully funded from private donations.
Funding sources for the new Performing Arts Auditorium project include:
Measure U Capital funding reserves of $2.5 M. Funding is split between FY22-23 and FY23-24 ($1M and $1.5M) Measure U Additional Capital Funding FY23-24: $300,000 – Included in Fund 217 Operating Budget Non-Town capital funding includes:
Kern Community College District (local bond measure) funding of $7,500,000 Private donor funding commitments in excess of $2,000,000 supporting arts and culture The project may require additional funding with estimated costs to be refined as part of the final concept design work.
21 Edison Hall Site Improvements (GF11)
Mammoth Lakes Foundation (MLF) is proceeding with needed renovations to Edison Hall to create support space for the new auditorium and ongoing small performance space. The capital project is being funded fully by MLF. The Town and MLF entered into a lease agreement allowing the Town to provide operational support to re-open the Eddison Theatre following the COVID closure. Staff requested $100,000 to support access updates to parking for ADA, minor parking lot maintenance and design work for future storage/workshop to support the final overall project.
Carryover Budget for FY23-24: $100,000
Foundation Childcare Facility (GF12)
Several factors have come together creating an opportunity to provide expanded childcare services. The need for expanded childcare and early child education services has been expressed by individuals, businesses, and local service agencies. The 2022 Mono County Child Care Council Needs Assessment identified a need of more than 700 spaces in the County, with more than half of the need in Mammoth Lakes. The Town has partnered with the Mammoth Lakes Foundation (MLF), Mammoth Unified School District (MUSD), and Inyo Mono Advocates for Community Action (IMACA) to expand childcare services. With the planned relocation of the IMACA preschool for the MUSD property to the Parcel and Mono County Office of Education (MCOE) taking on operations the community will see expanded childcare services. The Town has taken on the obligation to remove the existing IMACA facility at the High School, with a net estimated cost of $32,000. The Town will look to repurpose the existing modular building. The Town and MLF have identified a site on MLF property for an expanded childcare center. Town and MUSD staff have reached an agreement allowing the Town to repurpose 6 of the portable
22 classrooms that are to be disposed of by MUSD as part of the High School Remodel. The Town is looking to use these 6 buildings to create a childcare and early child education facility on the MLF property. Initial design work is underway. The plan is to provide space for infants and toddlers in a space designed with 75+/- spaces. The funding set aside will be used to cover design, permits, building relocation, foundation construction, inside improvements and limited outside improvements. Funding was committed by the Town for this project.
Ongoing work with MLF and other partners will continue as the project moves forward.
Carryover Budget for FY23-24: $1,950,000
Civic Center – Town Hall (GF14a, GF14b)
Staff last year reported that the costs of leasing the current Town offices had increased significantly. The leased building continues to show its age. The winter of 22/23 demonstrated the need for more emergency operation facilities and support areas. The Town engaged HMC Architects in 2022 to begin evaluating a new Town Hall. The Town owns the land on the NE corner of Tavern and Sierra Park.
This property was acquired for the purpose of building a civic center including a Town Hall and other municipal functions. A courthouse, police station, and County administrative building have already been completed. The Town allocated funding for the initial programming and design work needed to understand the costs of the facility. Staff anticipates completing this planning design work in early fall 2023.
This will provide the Town Council with a cost estimate to construct a new facility and the financial plan. The funding will require the use of debt. A grant application was prepared to support a portion of the new facility through creating a “community resilience center.” This $12.6M grant will support a large part of the public facing building amenities and added support service space. This includes meeting rooms, Council Chambers, lobby area, restrooms, kitchen space, storage, small sleeping quarters, etc. The design allows the facility to be used in emergencies, to provide a warming/cooling center, use during a power outage, and provides space for economic development related services and community outreach efforts.
Carryover Budget allocation for FY23-24: $1,900,000, and pending grant allocation of $12,600,000.
Parcel Childcare and Park at the Parcel (GF16(a) and PR12) Phase I of the Parcel includes approximately 2,700 square feet of space for childcare and 0.8 acres of space for a public park. The park is split between dedicated childcare space and community park area. The childcare space is being designed to include the pre-school services which will be relocated from the current High School site. The childcare space is planned to be in use year-round. The space will accommodate up to 34 children. The funding for the outdoor area and tenant improvements includes a Town contribution of $250,000 and the use of childcare DIF revenue of $160,000 for total funding of $410,000. The final cost of improvements has not been determined, with additional funding necessary. The community park has initial funding of $289,219 from a CARES Act CDBG grant to purchase playground and other equipment. The project qualified for Healthy Play Initiative Matching Funds for 50% of the playground costs or $35,000. The Town is utilizing Parks & Recreation DIF funds of $203,070 to apply to the project. The Town also contributed $400,000 for park infrastructure and $200,000 for Restrooms bringing total funding for that portion to $1,127,289.
Carryover Budget Allocation for FY23-24 (GF16a): $250,000
23 Carryover Budget Allocation for FY23-24 (GF16): $160,000 Carryover Budget Allocation for FY23-24 (PR12): $1,127,289 Community Recreation Center (CRC) & Mobility Hub (PR1, PR1a, PR2) Located at Mammoth Creek Park the proposed Community Recreation Center or CRC will be a fabric tensile structure enclosing an Olympic size ice rink that will operate from November to April, and in the summer, durable sport tiles are envisioned to cover the rink area creating a 20,000 sq. foot Mammoth RecZone. Combined with community driven and professionally branded programming, the year-round community recreation center will be the recreation destination that the entire community and our many visitors to Mammoth Lakes will enjoy. The project will include an expanded parking area with 118 spaces. Mobility elements such as a transit pull-out and shelter, clean air and electric vehicle parking, and bike parking will be included in the new lot. On February 17, 2021, the Town Council awarded the construction contract to Hamel Contractors Inc. At the same meeting, the Council authorized staff to purchase the Sprung Structure, Chiller, and other appurtenances. Finally budget adjustments were authorized to complete the associated parking lot and mobility elements.
Carryover Budget Allocation for the CRC FY23-24:
CRC Budget: $15,659,421
Mobility Hub Budget Allocation: $1,580,000
24 Interior Improvements Allocation: $700,000
New Budget Allocation for the CRC FY23-24:
Interior Improvements Allocation: $350,000 (Measure R) Parks Maintenance and Improvements (PR3)
From June 2017 to July 2022, over $1.1 Million has been invested in our parks and recreation infrastructure. For the past several years, Town Council has allocated funds each year to address deferred maintenance projects throughout our parks and recreation system. The FY2021-22 funding was used to rehabilitate ballfields at Whitmore Park. This work is substantially complete and will be finalized in early summer 2023. With the construction of the new Community Recreation Center (CRC) facility at Mammoth Creek Park, a new agreement with Mammoth Unified School District (MUSD) was executed to repurpose the old Ice Rink into a new 6 court pickleball complex. This work will be completed in summer 2023. The existing tennis courts at the Community Center have been patched and resurfaced many times in the last decade, however, courts 5/6 deteriorated to the extent that they were no longer playable. In consultation with the public and extensive evaluation by staff, the Parks and Recreation Commission recommended the installation of a modular
25 overlay surface on community tennis courts 5/6. On March 1, 2023, Town Council approved an Agreement with AllSport America, Inc. for $175,000 to perform this work scheduled to be completed this summer. Pending funding and final cost some minor repair work at Shady Rest Park will be completed on the basketball court.
Carryover Budget Whitmore Ballfield and Fencing: $400,000 Carryover Budget Pickleball Complex: $100,000
Carryover Budget Tennis Courts 5/6 – Sport Court: $175,000 Total Carryover Budget for Parks Deferred Maintenance FY22-23: $675,000 Dog Park & Multi-use Parking and Amenities (PR7 & PR7a) The Town has identified a location for a temporary Dog Park. The Town, in partnering with the Mammoth Lakes Foundation identified a suitable location at the intersection of College Parkway and Wagon Wheel Road. This will be the first Town developed location designed for an off-leash dog play area. Our local parks and sports fields have been used for this purpose resulting in several gallons of dog waste being removed from these facilities each year. Having a dedicated space for this purpose meets community need for a place allowing dogs to run/play off leash, socialize and increases the norm for users of the dog park to pick up after their pets. The Town has received a $50,000 T-Mobile grant and previously allocated an additional $150,000 for a dog park. The land adjacent to the dog park was identified to host expanded parking of 40+/- spaces, restrooms, and other amenities. This infrastructure will support other uses such as the Theatre, MUPs, future amphitheater space and long-term housing. The parking area may include EV charging stations.
Carryover Budget allocation for Dog Park FY23-24: $200,000
26 Carryover Budget for expanded parking, restrooms, and amenities FY22-23: $750,000 Total Budget for FY23-24: $950,000
Old Mammoth Road Landscaping (SS1)
This project includes rehabilitation of existing irrigation and installation of new drip irrigation where necessary, installation of pavers and concrete in existing dirt strips to reduce overall planting area, installation of drought-resistant plantings at select locations (primarily at intersections), and placement of serval annual planter boxes along the length of the road. These planter boxes will be removed and stored for the winter. Estimated total project cost is $1,130,000, to be split between phases. Total current available funding is $630,000. Phase 1 involves all irrigation work and select planting areas and a portion of the planter boxes, with an estimated cost of $500,000. Funding is from the Old Mammoth Road Benefit Assessment District. Additional funding will be necessary to complete Phase 2. The project was bid in 2022 and no bids were received. The lack of bids permits the Town to negotiate directly with a contractor to complete the work. Staff has engaged a local contractor and is currently working to develop a plan to complete the first phase work in 2023.
Budget allocation for Old Mammoth Road Landscaping Budget FY23-24: $500,000 West Side
East Side
Main Street Landscaping (SS2)
This project includes rehabilitation of existing irrigation and installation of new drip irrigation where necessary, and installation of seed mix and drought-resistant plantings along both sides of Main Street from Mountain Blvd to just past Old Mammoth Road. Estimated
27 project cost for construction is $250,000. The project was bid in 2022 and no bids were received. The lack of bids permits the Town to negotiate directly with a contractor to complete the work. Staff has engaged a local contractor and is currently working to develop a plan to complete the work in 2023.
Funding allocation FY23-24: $250,000
North Side
South Side
Trail and Municipal Signage (SS3)
The updating, repair and installation of new signage is an ongoing program of work. The Capital Budget allocates $25,000 for the program. This level of work is not generally a defined capital project, but the program provides ongoing dedicated maintenance funding as a priority. The program is coordinated between the Office of Outdoor Recreation and Public Works. While noted in the CIP the funding is allocated in the Office of Outdoor Recreation.
Budget Allocation Trail & Municipal Signage FY23-24: $25,000 Sign Replacement (SS5) *Winter Disaster Repairs*
The difficult winter of 22/23 caused significant damage to Town infrastructure. The Town has been working to identify the damage as the snow melts revealing the true impact. The Town is working with the County in declared emergency response, including
28 funding to support repair and mitigation moving forward. Many road and wayfinding signs were damaged across the community.
Staff anticipates a project to address the damage and has requested $200,000 for this effort. Staff will seek reimbursement from CalOES and FEMA where appropriate.
Budget Request – Signage replacement FY23-24: $200,000.
Chaparral Road Extension (ST13)
This project will extend Chaparral Road into the Parcel connecting it with the Parcel Phase 1 street network to allow for flow of traffic, transit, and pedestrians. The project includes underground utilities, sidewalks, MUPs, transit stops and related infrastructure for a complete street. The projected cost is $1,600,000. The cost estimate will be refined with final design. The project has been awarded, construction will start FY22-23. Funding for the project is from the Mono County allotment of SB1 Funds.
Budget Allocation of SB1 Funds provided to the Town for FY23-24: $1,600,000 Emergency Road Project (ST14) - *Winter Disaster Repairs* The difficult winter of 22/23 caused significant damage to Town infrastructure. The Town roads have been most impacted by wa ter intrusion and freeze / heave process that causes cracking and pothole development. Staff requested emergency funding in May 2023 and has contracted with a local asphalt contract to address the most critical impacts as quickly as possible . This work will bridge
29 the gap between our current state and larger road projects in the coming years. Staff expects the work to be completed early in FY23-
24. Budget Request – Emergency Road Repairs - FY23-24: $500,000 (Final project costs may exceed $500,000).
Laurel Mountain Infrastructure (Street Rehab, Sidewalks, Storm Drain, Streetlights) (SW1) Project is located on Laurel Mountain Road in the Town of Mammoth Lakes. The project limits are Main Street (SR203) and Sierra Nevada Road, with the southerly 575 feet to be constructed by a private developer. Improvements include sidewalk on the east side of the road, streetlights, curb and gutter, bike lanes, storm drain, sewer extension, pedestrian flashing beacon, and pavement reconstruction. This project will serve the new Parcel development and the existing residents. The project will be designed to work with and complement the new development at the Parcel, recently constructed Main Street sidewalks, the new transit shelter across from Laurel Mountain Road on Main Street, and the Highway Safety Improvement Program (HSIP) crosswalk upgrades. The project has a mix of funding sources, and estimated cost for the Town’s portion of the project is $3,232,141 including a 10% contingency. This will be a multi-year and phased project that was awarded in 2022. Construction will begin June of 2023.
Budget allocation Laurel Mountain Infrastructure FY23-24: $3,232,141 SR203 (Main Street) Pedestrian Beacons - HSIP Grant (TT8) The Town of Mammoth Lakes submitted and was awarded a $191,400 Highway Safety Improvement Grant (HSIP) to upgrade crosswalks along SR203. The grant provides funding to upgrade two pedestrian activated crosswalk beacons (Laurel Mountain and Post Office). A third new beacon will be installed at Mountain Blvd. The project is located within the Town of Mammoth Lakes along Main Street (SR203). Design work began in FY21-22. The project was put out to bid in May 2023, with construction scheduled for summer 2023. This work will be coordinated with other design and construction efforts in the area. An additional $50,000 was added to the budget. Funding will come from SB1 which was approved by resolution by the Town Council.
Carryover Budget for SR203 Crosswalk Upgrades for FY23-24: $191,400
30 LOCATIONS OF X-WALK IMPROVEMENTS ON 203
Additional Parking Lot in the Parcel (TT9)
This project will add approximately 50 parking spaces within the Parcel to assist with parking management plans. The added spaces are designed to meet specific needs of residents of the Parcel and is not intended as a public lot. As parking management plans are implemented throughout the Parcel the site may be converted in the future to housing units. The rough estimate for this project is $150,000. Funding is recommended from the Gas Tax/Road Fund reserves. The final location and design will be completed along with Phase II planning of the Parcel project. The work is currently planned to start in FY23-24.
Carryover budget FY23-24: $150,000
1 TOWN COUNCIL STAFF REPORT
Title: Resolution finding emergency circumstances justify the award of an emergency contract to repair storm damaged Town infrastructure and facilities.
Meeting Date: May 17, 2023
Prepared by: Daniel C. Holler, Town Manager
RECOMMENDATION:
Approve the Resolution finding that emergency circumstances justify awarding a contract for Town infrastructure and facilities damaged by extreme weather including fencing, parks, regulatory, street and way finding signage, curb, sidewalks, gutter, drainage inlets, ADA required detectable warning surfaces and related items without competitive bidding (requires a 4/5ths vote to approve).
BACKGROUND:
The 2022-2023 extreme winter weather event has caused substantial damage to Town infrastructure and facilities. The amount and weight of snow has resulted in damage to signage, fencing, ADA required detectable surfaces (truncated domes) and other facilities.
The clearing of snow in hazardous conditions with areas covered under several feet of snow has damaged sidewalks, curbs, gutters, drain inlets and roads, which has been exacerbated by freeze/thaw cycles. As the snow has begun to melt the amount of damage is becoming more and more evident. The ability of the Town to award contracts to effect repairs through the normal process will not result in the timely repair of these facilities. The failure to timely repair damaged facilities and infrastructure continues to threaten the safety of residents and visitors in the Town of Mammoth Lakes. Public interest and necessity demand the immediate expenditure of public money to safeguard life, health, safety, and property in the Town of Mammoth Lakes. The attached resolution makes the necessary finding for Town staff to proceed with the award of an emergency contract to repair Town infrastructure and facilities damaged by the extreme weather event.
ANALYSIS:
The Town of Mammoth Lakes has been under a local state of emergency since March 3, 2023. The town is also under a declared County, State and Federal state of emergency. The amount of snow received during the 2022-2023 winter has reached record levels. The amount snow has created significant hazards and damages to public and private buildings and infrastructure. The Town is working diligently to identify the amount of damage to infrastructure and facilities. There are hundreds of street signs, wayfinding signs, regulatory and warning signs that are damaged, broken or missing. This creates uncertainty for drivers, may create unsafe conditions, and impacts the ability of people to navigate through the community efficiently and safely.
2 Fencing along trails, around recreational facilities, and along roadways are damaged and, in some cases, create hazards for the public using this infrastructure. The damage incurred on curbs, sidewalks, gutters, and drain inlets from snow removal operations and freeze/thaw weather has created unsafe conditions and continues to be impacted from weather conditions. The damage to ADA required detectable surfaces may impair the use of sidewalks and the safe crossing of intersection by individuals relying on these surfaces.
Several facilities are still under snow and the full amount of damage is yet to be determined.
Staff developed an application to track damage found in the field. So far, the Roads and Parks departments have identified 290 unique incidents. The photos provided below provide samples of the types of damage incurred in the Town. The amount and severity of these damages are substantially beyond those incurred in a normal winter.
Due to the extreme circumstances, limited capacity of Town staff, and the normal timelines required to complete specifications, plans and designs to do competitive bidding staff is recommending that findings be made to award an emergency contract to complete repairs.
The need to make repairs as soon as possible is in the public interest and necessity and demand the immediate expenditure of public money to safeguard life, health, safety, and property in the Town of Mammoth Lakes
FINANCIAL CONSIDERATIONS:
The staff’s initial cost estimate to repair damaged infrastructure and facilities is $400,000, plus a 20% contingency. As the snow melts additional damage will be uncovered and costs may increase beyond the $400,000 level. The funding for this work will come from Fund 990. As the Town experiences larger than budgeted revenues staff has recommended and Council has allocated funds for future capital projects. One of the defined reasons for this allocation is to address unforeseen damages to Town infrastructure and facilities. The current circumstances, state of emergency and need to act immediately to address damage infrastructure and facilities to provide for the safeguard life, health, safety, and property of residents and visitors in the Town of Mammoth Lakes. Staff is recommending approval of the attached resolution making the required findings to authorize staff to award an emergency contract without competitive bidding. This action will address the immediate needs of the Town and provide for the repair of damaged infrastructure and facilities.
LEGAL CONSIDERATIONS:
The Council may take recommended action under Public Contract Code sections 20168 and 22050. The relevant sections to the Code are noted here:
20168 In case of an emergency, the legislative body may pass a resolution by a fourfifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with this chapter. If notice for bids to let contracts will not be given, the legislative body shall comply with Chapter 2.5 (commencing with Section 22050).
3 22050 (a) (1) In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may 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. (2) Before a governing body takes any action pursuant to paragraph (1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, 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. (b) (1) The governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to paragraph (1) of subdivision (a).
(3) If a person with authority delegated pursuant to paragraph (1) or (2) orders any action specified in paragraph (1) of subdivision (a), that person shall report to the governing body, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. (c) (1) If the governing body orders any action specified in subdivision (a), the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. (2) If a person with authority delegated pursuant to subdivision (b) orders any action specified in paragraph (1) of subdivision (a), the governing body shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subdivision (b) has terminated that action prior to the governing body reviewing the emergency action and making a determination pursuant to this subdivision.
(3) When the governing body reviews the emergency action pursuant to paragraph (1) or (2), it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
4 Sample Photos of Damaged Town infrastructure and facilities
5
RESOLUTION 23-___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, FINDING THAT EMERGENCY
CIRCUMSTANCES JUSTIFY AWARDING A CONTRACT FOR TOWN
INFRASTRUCTURE AND FACILITIES DAMAGED BY EXTREME WEATHER
INCLUDING FENCING, PARKS, REGULATORY, STREET AND WAY
FINDING SIGNAGE, SIDEWALK, CURB, GUTTER, DRAINAGE INLETS, ADA
REQUIRED DETECTABLE WARNING SURFACES AND RELATED ITEMS
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, with a renewed state of emergency declared by the Town Manager on March 27, 2023 and ratified by proclamation of the Town Council on March 31, 2023; and
WHEREAS, the extreme weather conditions, response and snow accumulations have caused significant damage to Town facilities and infrastructure including damage to fencing, curbs, gutters, drain inlets, roads, ADA required Detectable Warning Surfaces, street signs, wayfinding signs, warning signs and regulatory signage; and WHEREAS, the Town Council finds that as a result of the weather-caused damage to Town facilities and infrastructure and pursuant to Public Contract Code Section 20168 the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, safety, and property in the Town of Mammoth Lakes; and
Resolution No. 23-XX
WHEREAS, the Town Council finds that based on substantial evidence, including without limitation the staff report presented to the Town Council on May 17, 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 facilities and infrastructure, other directly related and immediate actions, and procurement of the necessary equipment, services, and supplies for those purposes, without a competitive bidding process.
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 facilities and infrastructure damaged by the winter of 2022-2023, to take any directly related action, and to procure the necessary equipment, services, and supplies for the repairs, 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 17
th day of May 2023.
__________________________
JOHN WENTWORTH, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Update on Response to Extreme Weather Emergency and Continued Emergency Road Work.
Council Meeting Date: 5/17/2023
Prepared by: Name, Title (May be more than 1 person)
Recommended Motion: Staff is recommending, Council make the finding 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. Council may provide additional comment relate to the emergency.
Summary:
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.
Staff will provide updates on other actions taken in response to the declared emergency.
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
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Update on Senate Bill 606 Related to Potential Relinquishment of State Highway 203.
Council Meeting Date: 5/17/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Discussion, comment, and direction on SB 606.
Summary:
Senate Bill 606 (Alvarado-Gil) was introduced in the State Senate to provide the California Transportation Commission authority to relinquish all or a portion of Sate Highway 203. The Bill allows all or a portion of the highway to be relinquished to the Town of Mammoth Lakes. The relinquishment may only proceed if the Town and the State enter into an agreement. The process allows for the Town and the Mammoth Main Lodge Redevelopment, LLC to enter negotiations regarding the potential relocation of State Highway 203 and for the road to be under the authority of the Town. This action also requires support and approval of the United States Forest Service.
While early discussions have taken place as part of the early project design, no formal negotiations on the status of Highway 203 through the Main Lodge area have taken place with the Town.
Without the authority to relinquish the highway there are limited means for the highway to be relocated within the project and no reason for the Town to be engaged in any discussions regarding the status of the highway. The approval of SB 606 does not require the Town to take any action or make any commitments. While the Town has received an application for the project, a specific plan for the project has not been submitted. The initial CEQA/NEPA work was initiated. SB 606 is currently being held in the Senate Appropriations Committee in the “suspense file”. Currently, the future of the bill is unknown.
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.