Town Council Agenda
Wednesday, August 2, 2023, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice
NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (760) 965-3602. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 13.102-35.104 ADA Title II)
NOTE: Materials related to an item on this agenda submitted after distribution of the agenda packet are available for public inspection in the Town Offices located at 437 Old Mammoth Road, Suite 230 during normal business hours. Such documents are also available on the Town of Mammoth Lakes website at www.townofmammothlakes.ca.gov subject to staff’s ability to post the documents before the meeting.
NOTE: You may attend the Town Council meetings in person or watch them on the Town of Mammoth Lakes' website at www.townofmammothlakes.ca.gov , on the local government cable channel 18, or via Zoom. Public comments can be submitted to the Town Clerk at [email protected]. before and during the meeting, or may be made in person or via Zoom.
NOTE: All comments will be limited to a speaking time of five minutes.
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1. CALL TO ORDER AND ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENTS
The Public Comment portion of the agenda provides the public with an opportunity to address the Town Council on matters not otherwise listed on the agenda. Under California law the Town Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the Town Council may briefly respond to comments or questions from members of the public. Therefore, the Town Council will listen to all public comment, but will not generally discuss the matter or take action on it. Requests for service from the Town may also be made at the Town offices during regular business hours.
Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration.
4. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED)
5.1 Did you Know? E-bike Safety.
6. INTRODUCTIONS
6.1 Introduce new Airport Maintenance Coordinator Shane Holte.
7. CONSENT AGENDA
7.1 Approve the minutes of the special meeting of July 12, 2023.
7.2 Approve the minutes of the regular meeting of July 19, 2023.
7.3 Approve Appointment of Senior Planner Kim Cooke to the Mono County Collaborative Planning Team (CPT).
7.4 Accept Check Register 7/21/23 in the amount of $1,845,691.59. Accept Check Register 7/25/23 in the amount of $11,887.68.
8. PUBLIC HEARINGS
Public Hearing Procedure.
The Mayor will open the public hearing and then: Statement and presentation by staff.
Statement and presentation by property owner or appellant. Questions from the Town Council. Call for testimony. Rebuttal to previous testimony by property owner or appellant.
Close the public hearing, terminating public testimony. The Town Council will deliberate the matter and arrive at a decision.
8.1 Transit CFD No. 2013-3 Annexation No. 8.
9. POLICY MATTERS
9.1 Appeal of Notice of Determination for illegal advertisement for rental at 1629 Majestic Pines, Unit 69.
9.2 Approve Agreement with the Southern California Toyota Dealers Association and the Town of Mammoth Lakes for the Sponsorship of the Zamboni ice-resurfacer machine operating at LA Kings Ice at Mammoth Lakes.
9.3 Fourth Quarter Fiscal Year 22-23 Budget Review and Adoption of Resolution Amending Fiscal Year 22-23 Budget.
9.4 Determination that emergency work authorized by Resolutions 23-29 and 23-54 continues to be necessary for public welfare and safety.
9.5 Approve Town Participation in the Eastern Sierra Sustainable Recreation Partnership (ESSRP) Memorandum of Understanding (MOU) and authorize the Town Manager to sign the MOU.
10. COUNCILMEMBER REPORTS
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities
11. CLOSED SESSION
11.1 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One case)
11.2 Pursuant to Government Code Section 54957.6.(a), Conference with Labor Negotiators, the Council will meet with its representatives, Town Manager Daniel C.
Holler, Administrative Services/Finance Director Rob Patterson, and HR Manager Amanda Pelham
with respect to the following Employee Organizations: Mammoth Lakes Police Officers Association and the Mammoth Lakes Sergeants Association.
12. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
13. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, August 16, 2023 at 4:00 p.m.
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Did you Know? E-bike Safety
Council Meeting Date: 8/2/2023
Prepared by: Pam Kobylarz, Assistant to the Town Manager Recommended Motion: Information only.
Summary: Each month the Town publishes a “Did you Know?” piece that highlights aspects of the Town’s programs and services that the public may not be familiar with. This month’s piece focused on E-bike rules and safety. It was published in The Sheet, the Mammoth Times, and el Sol on the weekend of July 21, as well as being posted on the Town’s social media and website.
Did you know that e-bikes are a great
way to explore the Mammoth Lakes area?
E-bike use is exploding and being a knowledgeable and respectful rider is more important than ever!
• In order to be classified as an e-bike, the bike must have pedals. Pedalless electric bikes are not considered e-bikes and are classified as electric motorcycles.
• All classes (1, 2, and 3) of e-bikes are all allowed on the paved multi-use pathways (MUPs).
• E-bikes are permitted on all streets, roads, off highway vehicle (OHV) routes, and soft surface trails within the Mammoth Mountain Bike Park. • E-bikes are NOT permitted on soft-surface non-motorized trails outside of the Mammoth Mountain Bike Park.
• All bicycle riders are required to wear a helmet and follow the same laws as cars when riding on streets and roads.
• Unless modified to be street legal in conjunction with a motorcycle license, pedal-less electric bikes are only permitted on OHV routes and are NOT permitted on any town roads, sidewalks, or MUPs. • The speed limit on the multi-use pathways is 15 mph, yield to foot traffic, be respectful of others, and watch your speed! TownofMammothLakes.ca.gov Town of Mammoth Lakes
DID YOU
KNOW?
TownofMammothLakes.ca.gov Town of Mammoth Lakes
¿Sabías que las bicicletas eléctricas son
una gran manera de explorar la zona de
Mammoth Lakes?
¡El uso de las bicicletas eléctricas está aumentando y ser un ciclista bien informando y respetuoso es más importante!
• Para ser clasificada como una bicicleta eléctrica, la bicicleta debe tener pedales. Las bicicletas eléctricas sin pedal no se consideran bicicletas eléctricas y se clasifican como motocicletas eléctricas. • Toda clase (1,2, y 3) de bicicletas electronicas son permitidas en el pavimento de caminos de multi-uso (Multi-use Pathways - MUPs).
• Las bicicletas electronicas son permitidas en todas las calles, carreteras, rutas para vehículo todoterreno, caminos de superficie blandas dentro del parque de bicicletas de Mammoth Mountain.
• Las bicicletas electronicas NO son permitidas caminos de superficie blandas y caminos no motorizados fuera del parque de Mammoth Mountain. • Es requerido de que todos los ciclistas tengan puesto su casco y que siguan las mismas leyes de los carros cuando esten en las calles y carreteras. • A menos que las becicletas electronicas sin pedales esten modificadas para ser legal en la carretara y en conjunto con una licencia para condusir motocicletas, solo estan permitidas en las rutas para vehículos todoterreno y NO estan permitidas en las calles, banquetas, o MUPs del Pueblo. • El límite de velocidad en las vías de uso múltiple es 15 mph, cede al tráfico peatonal, sea respetuoso con los demás y vigile su velocidad. ¿SABÍAS QUE?
Town Council of Mammoth Lakes
Minutes of Special Meeting
July 12, 2023, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea,
Councilmember Amanda Rice
_____________________________________________________________________
1. CALL TO ORDER AND ROLL CALL
The Mayor called the meeting to order at 4:00 p.m.in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.
2. PLEDGE OF ALLEGIANCE
Mayor Wentworth led the flag salute.
3. PUBLIC COMMENTS
There were no public comments given at this time.
4. ADDITIONS TO THE AGENDA
There were no additions to the agenda.
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Office of Outdoor Recreation Manager Lawson Reif gave an update regarding the Lakes Basin, Reds Meadow, and the Mammoth Donut Project. There was discussion among members of Council and staff.
Town Council Minutes
July 12, 2023
5.1 July 2023 Public Works Engineering CIP Update.
There was discussion among members of Council and staff regarding the CIP Update.
6. COUNCIL PRESENTATIONS
6.1 Proclamation of the Town Council of the Town of Mammoth Lakes, State of California, declaring July 2023 as Park and Recreation Month.
Parks and Recreation Director Stuart Brown spoke in support of the proposed proclamation. Mayor Wentworth read a portion of the proposed proclamation.
Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Amanda Rice
Adopt the Proclamation declaring July as Park and Recreation Month in the Town of Mammoth Lakes.
For (4): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1): Councilmember Sarah Rea
Carried (4 to 0)
7. CONSENT AGENDA
Councilmember Bubser requested that Agenda Item 7.4 be removed from the consent agenda for separate discussion.
Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Chris Bubser
Approve the Consent Agenda.
For (4): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, and Councilmember Amanda Rice
Absent (1): Councilmember Sarah Rea
Carried (4 to 0)
7.1 Approve the minutes of the special meeting of June 14, 2023.
Town Council Minutes
July 12, 2023
7.2 Approve the minutes of the regular meeting of June 21, 2023.
7.3 Accept the Amended Mammoth Creek HOA CC&R’s.
7.4 Town Council review and acceptance of the 2022 Community Indicators Report.
This item was removed from the consent agenda for separate discussion.
Community and Economic Development Director Sandra Moberly outlined the origin and purpose of the Report. There was discussion among members of Council and staff.
Moved by Councilmember Chris Bubser
Seconded by Councilmember Amanda Rice
Review and accept the 2022 Community Indicators Report.
For (4): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1): Councilmember Sarah Rea
Carried (4 to 0)
7.5 Accept Check Register 6/15/2023 in the amount of $847,038.31.
Accept Check Register 6/21/2023 in the amount of $121,037.64.
Accept Check Register 6/23/2023 in the amount of $163,625.00.
8. POLICY MATTERS
8.1 AB 481 Military Equipment Use Policy.
Town Attorney Andrew Morris and Interim Police Chief Dan Casabian outlined the information in the staff report. There was discussion among members of Council and staff.
Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Amanda Rice
Waive the reading and introduce by title only the ordinance renewing the Military Equipment Use Policy pursuant to Government Code Section 7071 (AB 481).
Town Council Minutes
July 12, 2023
For (4): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1): Councilmember Sarah Rea
Carried (4 to 0)
8.2 Waive the reading and introduce by title only the ordinance adopting Municipal Code Chapter 8.15, Foodware and Food Packaging.
Assistant to the Town Manager Pam Kobylarz outlined the information in the staff report. There was discussion among members of Council and staff.
Moved by Councilmember Amanda Rice
Seconded by Councilmember Chris Bubser
Waive the reading and introduce by title only the ordinance adopting Municipal Code Chapter 8.15, Foodware and Food Packaging.
For (4): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1): Councilmember Sarah Rea
Carried (4 to 0)
8.3 Schedule a Town Council Community Housing Solutions Workshop.
Town Manager Daniel C. Holler outlined the information in the staff report.
There was discussion among members of Council and staff.
CONSENSUS:
Confirm July 27, 2023 at 5:00 p.m. at the Westin to host an evening Town Council – Community Housing Solutions Workshop.
8.4 Legislative Update and Council Direction on Pending Bills in the State Legislature.
Town Manager Daniel C. Holler outlined the information in the staff report.
There was discussion among members of Council and staff.
Councilmember Rea arrived at 5:02 p.m.
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July 12, 2023
8.5 Eastern Sierra Comprehensive Economic Development Strategy (CEDS) Draft Review and Finalization Process.
Community and Economic Development Director Sandra Moberly outlined the information in the staff report. There was discussion among members of Council and staff.
8.6 Resolution finding emergency circumstances to justify the award of an emergency contract to repair storm damaged Town infrastructure at the Mammoth Yosemite Airport.
Town Manager Daniel C. Holler outlined the information in the staff report.
There was discussion among members of Council and staff.
Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Chris Bubser
Approve the Resolution finding the emergency circumstances to justify awarding a contract for Town infrastructure damaged by extreme weather including fencing and related items at Mammoth Yosemite Airport without competitive bidding.
For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Carried (5 to 0)
8.7 Emergency Declaration Update and approval of necessity to continue emergency contract work as provided for in Resolution 23-
29. Town Manager Daniel C. Holler outlined the information in the staff report.
Moved by Councilmember Chris Bubser
Seconded by Mayor Pro Tem Bill Sauser
Make the finding that existing damages to Town facilities and infrastructure resulting from the extreme winter weather are such that the emergency work provided for in Resolution 23-29 is still necessary.
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July 12, 2023
For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Carried (5 to 0)
9. COUNCILMEMBER REPORTS
Councilmember Bubser announced upcoming community meeting dates regarding the Donut Project.
Mayor Pro Tem Sauser reported that the Fourth of July fireworks at Crowley were spectacular. He attended the Mammoth Lakes Tourism Board meeting.
Mayor Wentworth attended the ESCOG Towns to Trails Kickoff meeting, the ICARP Technical Advisory Council meeting, the Fourth of July Parade, the Great Basin Unified Air Pollution Control District meeting, the Eastern Sierra Climate and Communities Resilience Project (ESCCRP) meeting, and met with Senator Alvarado-Gil's Office.
10. CLOSED SESSION
At 5:45 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.
10.1 Pursuant to Government Code Section 54956.8, the Town Council will hold a conference with its representatives in regard to property negotiations pertaining to:
Property: 379 South Landing Road, Crowley Lake (APN: 060-210-031- 000)
Agency Negotiators: Daniel C. Holler, Sandra Moberly, and Rob Patterson
Negotiating Parties: Town of Mammoth Lakes and Property Owner, Crowley Lake Estates LP
Under Negotiation: Sales price and terms of payment for the purchase of the property
10.2 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph 1 of subdivision (d) of Section 54956.9) Name of case:
Main Street Taxpayer Association v. Town of Mammoth Lakes (Case No. : 23UCM82)
Town Council Minutes
July 12, 2023
10.3 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph 1 of subdivision (d) of Section 54956.9) Name of case:
Main Street Taxpayer Association v. Town of Mammoth Lakes Case No. 23UCM12)
11. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 6:05 p.m. and announced that there was no reportable action taken.
12. ADJOURNMENT
The Council adjourned the meeting at 6:05 p.m.
Jamie Gray, Town Clerk
Town Council of Mammoth Lakes
Minutes of Regular Meeting
July 19, 2023, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea,
Councilmember Amanda Rice
_____________________________________________________________________
1. CALL TO ORDER AND ROLL CALL
The Mayor called the meeting to order at 4:00 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.
2. PLEDGE OF ALLEGIANCE
Caroline Britton led the flag salute.
3. PUBLIC COMMENTS
Ben Comfort spoke in support of a community bike park and said that he was part of the bike park working group which was started with the Parks and Recreation Commission.
4. ADDITIONS TO THE AGENDA
There were no additions to the agenda.
Town Council Minutes
July 19, 2023
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Community and Economic Development Director Sandra Moberly announced that the Town was awarded $500,000 today in Community Development Block Grant (CDBG) funds for down payment assistance.
Councilmember Rea joined the meeting at 4:05 p.m.
Town Manager Daniel C. Holler gave an update regarding the opening of Reds Meadow. There was discussion among members of Council and staff.
5.1 Mammoth Main Base Redevelopment Project Update (Mammoth Mountain Main Lodge).
Community and Economic Development Director Sandra Moberly outlined the information in the staff report. There was discussion among members of Council and staff.
6. INTRODUCTION
6.1 Introduce new Public Works Maintenance Worker Arturo Lemus.
Public Works Supervisor Pat Vargas introduced Mr. Lemus to the Council and the community.
7. COUNCIL PRESENTATIONS
7.1 Recognition of outgoing Community and Economic Development Director Sandra Moberly.
Town Manager Daniel C. Holler and Town Attorney Andrew Morris thanked Ms. Moberly for her years of service. There was discussion among members of Council and staff.
8. PUBLIC PRESENTATION
8.1 Presentation from Mammoth Hospital CEO Tom Parker.
Mammoth Hospital Chief Executive Officer Tom Parker outlined the information in the Mammoth Hospital Building the Future PowerPoint presentation. There was discussion among members of Council and Mr.
Parker.
9. CONSENT AGENDA
Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Amanda Rice
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July 19, 2023
Approve the Consent Agenda.
For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
9.1 Waive the reading and adopt by title only the ordinance renewing the Military Equipment Use Policy pursuant to Government Code Section 7071 (AB 481).
9.2 Waive the reading and adopt by title only the ordinance adopting Municipal Code Chapter 8.15, Foodware and Food Packaging.
9.3 Adopt a resolution authorizing the submittal of a Prohousing Designation Program application to the California Department of Housing and Community Development (HCD) and authorizing the Town Manager to execute all documents deemed necessary or appropriate.
9.4 Adopt the Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2004-1 (Fractional) Mello Roos District.
9.5 Adopt the Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2005-1 (In Lieu DIF) for Fiscal Year 2023/24.
9.6 Adopt the Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2013-3 (Transit Services) for fiscal year 2023/24.
9.7 Minaret Road Closure and Parking Fee Program for the 27th Annual Mammoth Festival of Beers & Bluesapalooza.
9.8 Accept Check Register 7/6/23 in the amount of $297,285.59. Accept Check Register 7/13/23 in the amount of $1,266,913.11.
10. PUBLIC HEARINGS
10.1 Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within Assessment District 93-1 (Juniper Ridge).
Town Council Minutes
July 19, 2023
The Mayor opened the public hearing at 4:50 p.m.
Public Works Director Haislip Hayes outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 4:51 p.m.
Moved by Mayor John Wentworth
Seconded by Mayor Pro Tem Bill Sauser
Adopt the Resolution ordering the levy and collection of assessments within Assessment District 93-1 (Juniper Ridge) for the Fiscal Year 2023/24.
For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
10.2 Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within Assessment District 93-4, Zone 1 (The Bluffs) – Maintenance District No.1.
The Mayor opened the public hearing at 4:52 p.m.
Public Works Director Haislip Hayes outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 4:53 p.m.
Moved by Mayor John Wentworth
Seconded by Mayor Pro Tem Bill Sauser
Adopt the attached Resolution ordering the levy and collection of assessments within the Bluffs Assessment District No 93-4, Zone 1 for the Fiscal Year 2023/24.
For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
Town Council Minutes
July 19, 2023
10.3 Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within the special maintenance district Old Mammoth Road Benefit Assessment District No. 2002-1.
The Mayor opened the public hearing at 4:53 p.m.
Councilmember Rice recused herself due to the proximity of her residence to the Old Mammoth Road Benefit Assessment District No 2002-1 and left the meeting at 4:53 p.m.
Public Works Director Haislip Hayes outlined the information in the staff report. There was discussion among members of Council and staff.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 4:55 p.m.
Councilmember Rice returned to the meeting at 4:55 p.m.
Moved by Mayor John Wentworth
Seconded by Mayor Pro Tem Bill Sauser
Adopt the attached Resolution ordering the levy and collection of assessments within the Old Mammoth Road Benefit Assessment District No. 2002-1 for the Fiscal Year 2023/24.
For (4): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, and Councilmember Sarah Rea Abstain (1): Councilmember Amanda Rice
Carried (4 to 0)
10.4 Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within the special maintenance district North Village Benefit Assessment District No. 2002-2, Zone 1.
The Mayor opened the public hearing at 4:56 p.m.
Public Works Director Haislip Hayes outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 4:58 p.m.
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July 19, 2023
Moved by Mayor John Wentworth
Seconded by Councilmember Chris Bubser
Adopt the attached resolution ordering the levy and collection of assessments within special maintenance district North Village Benefit Assessment District No. 2002-02, Zone 1 for the Fiscal Year 2023/24.
For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
10.5 Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within Benefit Assessment District No. 2014-1 (Mammoth View).
The Mayor opened the public hearing at 4:58 p.m.
Public Works Director Haislip Hayes outlined the information in the staff report. There was discussion among members of Council and staff.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 5:00 p.m.
Moved by Mayor John Wentworth
Seconded by Councilmember Amanda Rice
Adopt the attached Resolution ordering the levy and collection of assessments within the Mammoth View Benefit Assessment District No. 2014-1 for the Fiscal Year 2023/24.
For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Carried (5 to 0)
11. POLICY MATTERS
11.1 Approve the Town of Mammoth Lakes FY23-24 5-Year Capital Improvement Plan (CIP).
Town Council Minutes
July 19, 2023
Public Works Director Haislip Hayes outlined the information in the staff report. There was discussion among members of Council and staff.
Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Amanda Rice
Approve the 5-year Capital Improvement Plan as presented.
For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Carried (5 to 0)
11.2 Approval of three-year Services Agreement with Mammoth Lakes Trails and Public Access (MLTPA) beginning in Fiscal Year 23-24.
Mayor Wentworth recused himself from this item and noted that he had no financial interest in this item or Mammoth Lakes Trails and Public Access (MLTPA).
Town Manager Daniel C. Holler outlined the information in the staff report.
There was discussion among members of Council and staff.
PUBLIC COMMENT:
MLTPA Project Management Specialist Kristy Williams introduced Operations Manager Jennifer Crittenden and Board Member Alistair Veitch and said that she would be happy to address any questions the Council may have on this item.
Moved by Councilmember Chris Bubser
Seconded by Councilmember Sarah Rea
Approve and authorize the Town Manager to sign a three-year services agreement with Mammoth Lakes Trails and Public Access (MLTPA) beginning in FY23-24 to provide Office of Outdoor Recreation and Mammoth Lakes Trail System support, subject to final legal review.
For (4): Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Abstain (1): Mayor John Wentworth
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July 19, 2023
Carried (4 to 0)
The Mayor Pro Tem called a recess at 5:25 p.m. and the Council reconvened at 5:35 p.m.
11.3 Multi-Agency Cost Share Agreement for Emergency Response to 2023 Winter Storms.
Town Manager Daniel C. Holler outlined the information in the staff report.
There was discussion among members of Council and staff.
Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Chris Bubser
Approve Multi-Agency Cost Share Agreement for Emergency Response to 2023 Winter Storms Subject to the Approval of all of the Agencies and Authorize the Town Manager to Sign the Final Agreement.
For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Carried (5 to 0)
11.4 Selection of Executive Search Firm to Assist the Council in the future hiring of a new Town Manager.
Town Manager Daniel C. Holler outlined the information in the staff report.
There was discussion among members of Council and staff.
Moved by Councilmember Chris Bubser
Seconded by Mayor John Wentworth
Appoint Mayor Pro Tem Sauser and Councilmember Rice to an Ad Hoc Committee to review executive search firms to assist in the selection process of a future new Town Manager.
For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Town Council Minutes
July 19, 2023
Carried (5 to 0)
11.5 Determine that Emergency Work Authorized by Resolutions 23-29 and 23-54 continues to be necessary for public welfare and safety.
Town Manager Daniel C. Holler outlined the information in the staff report.
There was discussion among members of Council and staff.
Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Chris Bubser
Determine that the emergency repair work authorized by Resolutions 23- 29 and 23-54 continues to be necessary for public welfare and safety.
For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Carried (5 to 0)
11.6 Resolution Terminating the Town of Mammoth Lakes Declared Local Emergency.
Town Manager Daniel C. Holler outlined the information in the staff report.
There was discussion among members of Council and staff.
Moved by Councilmember Amanda Rice
Seconded by Councilmember Chris Bubser
Adopt the Resolution Terminating the Existence of a Local Emergency in the Town of Mammoth Lakes.
For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
12. COUNCILMEMBER REPORTS
Mayor Pro Tem Sauser attended the Mammoth Lakes Tourism (MLT) Board meeting. He said that he wanted to recognize the Police Department for a
Town Council Minutes
July 19, 2023
textbook felony stop that he recently had the opportunity to watch which was handled very professionally.
Councilmember Bubser attended the Eastern Sierra Transit Authority Board meeting.
Mayor Wentworth reported that the Eastern Sierra Sustainable Recreation Partnership (ESSRP) met recently and had discussed the Statewide effort that Visit California was working on related to tourism planning.
13. CLOSED SESSION
This item was taken out of order.
Town Attorney Andrew Morris reported that it was not necessary to hold closed session.
13.1 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph 1 of subdivision (d) of Section 54956.9) Name of case:
Main Street Taxpayer Association v. Town of Mammoth Lakes (Case No. : 23UCM82)
13.2 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph 1 of subdivision (d) of Section 54956.9) Name of case:
Main Street Taxpayer Association v. Town of Mammoth Lakes (Case No. 23UCM12)
14. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
15. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, August 2, 2023 at 4:00 p.m.
Jamie Gray, Town Clerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve Appointment of Senior Planner Kim Cooke to the Mono County Collaborative Planning Team (CPT).
Council Meeting Date: 8/2/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Approve Appointment of Senior Planner Kim Cooke to the Mono County Collaborative Planning Team (CPT).
Summary:
The Town Council appointed Community and Economic Development Director Sandra Moberly as the primary Town representative to the Mono County Collaborative Planning Team (CPT).
Councilmember Rice serves as an alternate. With the resignation of Mrs. Moberly from the Town, staff is recommending Senior Planner Kim Cooke be appointed to the CPT.
1 TOWN COUNCIL STAFF REPORT
Title: Transit CFD No. 2013-3 Annexation No. 8
Meeting Date: August 2, 2023
Prepared by: Amy Callanan, PE, Engineering Manager
RECOMMENDATION:
Adopt the attached two resolutions annexing property into the Community Facilities District No. 2013-3 (Transit CFD) and declaring the results of the landowner election.
Waive the first reading and introduce by title only the ordinance authorizing the levy of special taxes in Community Facilities District No. 2013-3.
The Town has received petitions from developers requesting the Town Council complete proceedings to annex the developers’ properties into the Mello-Roos Community Facilities District (CFD) 2013-3. The petition requests the Town finance services and improvements with a special tax levied against properties included in the District that allow transient occupancies. The properties include the Sierra Nevada Resort and Mammoth Creek Inn projects, which are anticipated to develop into 30 additional hotel rooms and 12 condo units in total. The annexation map has been recorded with Mono County as shown in Attachment 6. Town Council has previously adopted a resolution declaring its intention to annex the properties into the CFD and authorizing the levy of special taxes and setting the time and date for this public hearing. Properties are not subject to the tax until an occupancy permit for a qualified residential property has been issued.
Today’s annexation process involves:
a public hearing to consider adoption of a resolution of annexation; special election of landowners. A minimum of 2/3 of votes in favor of annexation are required in order for annexation to proceed;
adoption of a resolution declaring the election results; and introduction of an ordinance levying of special taxes.
ATTACHMENTS:
1. Order of Proceedings for Hearing and Subsequent Actions
2. Resolution Annexing Properties
3. Resolution Declaring Results of Landowner Election
4. Annexation Ordinance
5. Amendment No. 8 to Notice of Special Tax Lien
6. Annexation No. 8 Boundary Map
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 8
ORDER OF PROCEEDINGS FOR HEARING AND SUBSEQUENT ACTIONS The Mayor makes the following opening remarks:
“This is the time and place for the public hearing for the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) Annexation No. 8. The hearing is to inquire into the annexation of property into the District and the levy of special taxes for Town-wide transit services within or adjacent to the District. Before I formally open the hearing, are there any property owners or registered voters in the District or territory to be annexed who wish to file written protests? If so, they must be filed with the Town Clerk now.”
[Pause to see if there are any written protests.]
“The hearing is now open. We will first have presentations by staff about the annexation of territory to the District. After that, we will receive comments and questions and any oral protests from any interested persons. When all comments have been received the hearing will be closed.” Staff makes presentations.
Mayor asks for comments, questions and protests from audience.
When no more comments, Mayor closes the public hearing and says:
“The hearing is closed. We may now consider and adopt the Resolution Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of a Special Tax to Qualified Electors.” Mayor asks for comments, and questions from Council.
Council considers a motion to ADOPT:
1. A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors. (***Council Votes to adopt resolution)
Mayor then says:
“Will the Clerk please announce the result of the property owner vote?” Clerk announces result and completes the Canvass (attached to the Resolution below).
Mayor then says:
“The record shows that at least 2/3rds of the property owner votes are in favor of the annexation of territory and levy of the special tax. We may now proceed with the final actions for the annexation of territory to the District.”
Council considers a motion to ADOPT:
1. A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring Results of a Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the Eighth Amendment to Notice Special Tax Lien.
(***Council Votes to adopt resolution)
Council considers a motion to WAIVE FIRST READING AND INTRODUCE BY TITLE ONLY:
2. An Ordinance of the Town Council of the Town of Mammoth Lakes, State of California, Authorizing the Levy of Special Taxes in a Community Facilities District, Including Certain Annexation Territory.
(***Council Votes to introduce ordinance)
END OF ITEM
RESOLUTION NO. 23-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, AUTHORIZING THE ANNEXATION OF
TERRITORY INTO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING
THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL
TAX TO QUALIFIED ELECTORS
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 8
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the Town Council of the Town of Mammoth Lakes (the “Town”) previously conducted proceedings to establish the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “District”), and WHEREAS, this Town Council on June 21, 2023, adopted its Resolution No. 23-44 entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) stating its intention to annex the territory to the District pursuant to the Act; and
WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the District and stating the services to be funded by the District and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the Town Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and WHEREAS, on the date hereof, this Town Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the closing of the hearing, no written or oral protests had been made against the proposed annexation of territory to the District by (i) any registered voter residing in the existing District, or (ii) any registered voter residing in the territory proposed to be annexed to the District, or (iii) any of the owners of land in the existing District, or (iv) any of the owners of land in the territory proposed to be annexed to the District; and
WHEREAS, Annexation Map No. 8 to the District has been filed with the County Recorder of the County of Mono, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the Town Clerk.
Resolution No. 23-
NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY RESOLVE as follows:
1. The foregoing recitals are true and correct.
2. All prior proceedings taken by this Town Council with respect to the District, prior annexations, and the proposed eighth annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act.
3. The boundaries of the territory to be annexed to the District, as set forth in the map entitled “Annexation Map No. 8 of Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services)“ on file with the Town Clerk and heretofore recorded in the Mono County Recorder’s Office on July 7, 2023, in Book 2 at Page 90 of Maps of Assessment and as Document No. 2023001534 and Community Facilities Districts are hereby finally approved, are incorporated herein by this reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
4. The provisions of the Resolution of Intention are, by this reference incorporated herein, as if fully set forth herein.
5. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the qualified electors of the area to be annexed to the District at an election called therefor as hereinafter provided.
6. This Town Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this Town Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Town Council finds that the qualified electors for purposes of the annexation election are the landowners within the territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District.
7. This Town Council hereby calls a special election to consider the measure described in Section 5 above, which election shall be held in the meeting room of the Town Council immediately following adoption of this Resolution. The Town Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the Town Clerk has on file the Resolution of Intention, a certified map of the proposed boundaries of the territory to be annexed to the District, and a sufficient description to allow the Town Clerk to determine the boundaries of the territory to be annexed to the District.
8. The voted ballots shall be returned to the Town Clerk no later than immediately following the adoption of this Resolution; and when the qualified electors have voted the election shall be closed.
9. Pursuant to Section 53327 of the Act, the election shall be conducted by hand-delivered ballot pursuant to the California Elections Code.
Resolution No. 23-
10. This Town Council acknowledges that the Town Clerk has caused to be delivered to the qualified electors of the District a ballot in the form set forth in Exhibit “A” hereto. The ballot indicated the number of votes to be voted by each landowner.
11. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
12. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.
13. The Town Clerk shall accept the ballot of the qualified electors in the Town of Mammoth Lakes Town Council meeting room upon and prior to the adoption of this Resolution, whether the ballot is personally delivered or is received by mail. The Town Clerk shall have ballots available which may be marked by the qualified electors at said location on the election day.
14. This Town Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified electors of the territory to be annexed to the District. The ballots to be executed by the qualified electors of the area to be annexed to the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this Town Council finds and determines that, to the extent that the qualified elector submits its ballot, the qualified elector will have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments and will have thereby been fully protected in these proceedings. This Town Council also finds and determines that the Town Clerk has concurred in the shortened time for the election.
15. This Resolution shall take effect upon its adoption.
APPROVED AND ADOPTED this 2
nd day of August 2023.
___________________________
JOHN WENTWORTH, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk
Resolution No. 23-
EXHIBIT A
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 8
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the Town Clerk of the Town of Mammoth Lakes no later than the hour of 4:00 p.m. on Wednesday, August 2, 2023, either by mail or in person. The Town Clerk’s office is located at 437 Old Mammoth Road, Suite 230, Town of Mammoth Lakes, California.
To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Town Clerk of the Town of Mammoth Lakes and obtain another.
The estimated maximum amount of money raised annually by this measure is expected to be $8,592, in 2023/24 special tax rates, upon full build out of the territory to be annexed to the District, based on the rate and duration of the special tax and subject to the tax escalation factor, as set forth in the rate and method of apportionment of special taxes for the District.
BALLOT MEASURE: Shall the Town of Mammoth Lakes, by and for its Community Facilities District No. 2013-3 (Transit Services) (the “District”), be authorized to levy special taxes within the territory annexed to the District pursuant to and as described in the Resolution of Intention to Annex Territory, adopted by the Town Council of the Town of Mammoth Lakes on June 21, 2023, and shall the annual appropriations limit of the District be increased by the amount of $8,592?
Yes: __________
No: __________
By execution in the space provided below, you also confirm your written waiver of any time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.
Number of Votes: 8
Property Owner: ______________________
By:
RESOLUTION NO. 23-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL
ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF
PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF THE EIGHTH
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 8
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the Town Council of the Town of Mammoth Lakes (the “Town”) previously conducted proceedings to establish the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “District”), and WHEREAS, in proceedings conducted by this Town Council pursuant to the Act, this Town Council has adopted a Resolution entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors” (the “Resolution of Annexation”), which called for a special election of the qualified landowner electors in the territory of land proposed to be annexed to the District; and WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the Town Clerk has on file a Canvass and Statement of Results of Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and WHEREAS, this Town Council has been informed of the Canvass, finds it appropriate, and wishes to complete its proceedings for the annexation of territory into the District.
NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY RESOLVE as follows:
1. The foregoing recitals are true and correct.
2. The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this Town Council, all as described in Resolution No. 23-44, entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” adopted by this Town Council on June 21, 2023.
3. Pursuant to the Canvass on file with the Town Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the District by more than two-thirds (2/3) of the votes cast at the special election.
Resolution No. 23-
4. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of the District and this Town Council may levy special taxes therein as heretofore provided in these proceedings.
5. It is hereby found that all prior proceedings and actions taken by this Town Council with respect to the District, the prior annexations, and the territory annexed thereto were valid and in conformity with the Act.
6. Within 15 days of the date of adoption hereof, the Town Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Mono, an Eighth Amendment to Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code.
7. This Resolution shall take effect upon its adoption.
APPROVED AND ADOPTED this 2
nd day of August 2023.
___________________________
JOHN WENTWORTH, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk
Resolution No. 23-
EXHIBIT A
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 8
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on August 2, 2023, I canvassed the returns of the election held on August 2, 2023, in the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services), Annexation No. 8 of the Town of Mammoth Lakes and the total number of ballots cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
Town of Mammoth Lakes
Community Facilities District No. 2013-3
(Transit Services), Annexation No. 8
Special Tax Election, August 2, 2023 8 _____ _____ _____ BALLOT MEASURE: Shall the Town of Mammoth Lakes, by and for its Community Facilities District No. 2013-3 (Transit Services) (the “District”), be authorized to levy special taxes within the territory annexed to the District pursuant to and as described in the Resolution of Intention to Annex Territory, adopted by the Town Council of the Town of Mammoth Lakes on June 21, 2023, and shall the annual appropriations limit of the District be increased by the amount of $8,592?
Yes: __________
No: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on August 2, 2023.
By:
Town Clerk
Town of Mammoth Lakes
ORDINANCE NO. 23-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN
ANNEXATION TERRITORY
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 8
WHEREAS, the Town of Mammoth Lakes (the “Town”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) to establish the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “District”) for the purpose of financing the costs of the services and maintenance related to the Town-wide transit system, and related appurtenances (the “Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District (the “Rate and Method”) is set forth in Exhibit B to the Town Council Resolution 13-20 entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, California, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), which was adopted on April 17, 2013; and WHEREAS, the Town has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the Town Council, on August 2, 2023, adopted a Resolution entitled “A Resolution of the Town Council of the Town of Mammoth Lakes, State of California, Declaring the Results of Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the Eighth Amendment to Notice of Special Tax Lien.” NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, DOES HEREBY ORDAIN as follows:
1. The foregoing recitals are true and correct.
2. By the passage of this Ordinance, the Town Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in fiscal year 2013-14 pursuant to Ordinance No. 13-04 passed and adopted by the Town Council on May 1, 2013, and the special tax is hereby levied commencing in fiscal year 2023/24 in the District, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District.
1. The Town’s Finance Director, designee, employee, or consultant of the Town is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution of Formation.
Resolution No. 23-
2. Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution of Formation.
3. All of the collections of the special tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the Town in administering the District, and the costs of collecting and administering the special tax.
4. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Town Council may provide for other appropriate methods of collection by resolution(s) of the Town Council. The Finance Director of the Town is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Mono in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Mono for fiscal year 2023/24 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the Town.
5. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected.
6. The Mayor shall sign this Ordinance and the Town Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation for the Town.
7. This Ordinance takes effect upon its adoption.
INTRODUCED and first read on the 2
nd day of August 2023; and PASSED AND ADOPTED this 16th day of August 2023.
___________________________
JOHN WENTWORTH, Mayor
ATTEST:
___________________________
JAMIE GRAY, Town Clerk
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
Town Clerk
Town of Mammoth Lakes
437 Old Mammoth Road, Suite 230
Town of Mammoth Lakes, CA 93546
EIGHTH AMENDMENT TO
NOTICE OF SPECIAL TAX LIEN
Town of Mammoth Lakes
Community Facilities District No. 2013-3
(Transit Services)
Annexation No. 8
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the California Government Code, the undersigned Town Clerk of the Town of Mammoth Lakes (the “Town”), County of Mono, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the Town Council of the Town, on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of services described in, and said special tax is to be levied according to the rate and method of apportionment set forth in, that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Mono, State of California on May 6, 2013, at the hour of 4:20 o’clock p.m. as Document No. 2013002538, to which recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated herein in full by this reference.
This Eighth Amendment to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) the lands set forth in that certain “Annexation Map No. 8 of the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services), County of Mono, State of California,” heretofore recorded on July 7, 2023, in Book 2 at Page 90 of Maps of Assessment and as Document No. 2023001534 and Community Facilities Districts in the office of the County Recorder of the County of Mono, State of California.
The assessor’s parcel numbers of all parcels or any portion thereof which are included in this Eighth Amendment to Notice of Special Tax Lien, together with the names of the owners thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the Town are as set forth in Exhibit A hereto and hereby made a part hereof.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the Town of Mammoth Lakes, 437 Old Mammoth Road, Mammoth Lakes, California 93546; telephone number (760) 965-3660.
Dated: As of ____________, 2023
By: ________________________________
Jamie Gray, Town Clerk
Town of Mammoth Lakes
Exhibit A
EXHIBIT A
TOWN OF MAMMOTH LAKES
COMMUNITY FACILITIES DISTRICT NO. 2013-3
(TRANSIT SERVICES)
ANNEXATION NO. 8
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND WITHIN DISTRICT Assessor’s
Parcel Numbers Name of Property Owner Use
035-170-025-501 MAMMOTH HOTEL ASSO LLC 1 Qualified Residential Property dwelling unit 035-170-025-502 MAMMOTH HOTEL ASSO LLC 1 Qualified Residential Property dwelling unit 035-170-025-503 MAMMOTH HOTEL ASSO LLC 1 Qualified Residential Property dwelling unit 035-170-025-504 MAMMOTH HOTEL ASSO LLC 1 Qualified Residential Property dwelling unit 035-170-025-505 MAMMOTH HOTEL ASSO LLC 1 Qualified Residential Property dwelling unit 035-170-025-506 MAMMOTH HOTEL ASSO LLC 1 Qualified Residential Property dwelling unit 035-170-025-507 MAMMOTH HOTEL ASSO LLC 1 Qualified Residential Property dwelling unit 035-170-025-508 MAMMOTH HOTEL ASSO LLC 1 Qualified Residential Property dwelling unit 035-170-025-509 MAMMOTH HOTEL ASSO LLC 1 Qualified Residential Property dwelling unit 035-170-025-510 MAMMOTH HOTEL ASSO LLC 1 Qualified Residential Property dwelling unit 035-170-025-511 MAMMOTH HOTEL ASSO LLC 1 Qualified Residential Property dwelling unit 035-170-025-512 MAMMOTH HOTEL ASSO LLC 1 Qualified Residential Property dwelling unit 035-230-005-000 WH SN MAMMOTH LLC
035-230-006-000 WH SN MAMMOTH LLC 30 Qualified Residential Property transient rental rooms 035-230-007-000 WH SN MAMMOTH LLC
TOWN COUNCIL STAFF REPORT
Subject: Appeal of Notice of Determination at
1629 Majestic Pines Road, Unit 69
Appeal Date: August 2, 2023
Written by: Rob Patterson, Administrative Services / Finance Director RECOMMENDATION:
Make a finding of noncompliance with the Town of Mammoth Lakes Municipal Code and uphold the Notice of Determination and judgement in the amount of $8,105.09.
BACKGROUND:
Chapter 3.12 of the Municipal Code established the Uniform Transient Occupancy Tax ordinance for the Town of Mammoth Lakes. This enforcement case is a revenue violation, meaning the operator is conducting business in an area zoned for transient rental but has not adhered to the municipal code regarding the remittance of transient occupancy tax. Enforcement of the municipal code is a primary function of the Revenue team to preserve a transparent and equitable business environment.
Additionally, the Town municipal code includes the Quality-of-Life Ordinance found in section
5.40 which regulates transient rentals and states,
Section 5.40.070 – Violations
A. A violation of any provision of this chapter, and/or the renting of any property in a zoning district that does not allow for such transient rental, or without proper land use approvals, is subject to the general penalty provisions and/or the administrative citation provisions set forth in Chapter 1.12 and Chapter 8.32 of the Municipal Code, respectively, and any other civil or administrative remedy allowed by law, provided that such violations shall be subject to a fine not exceeding one thousand five hundred dollars ($1,500) for a first violation, a fine not exceeding three thousand dollars ($3,000) for a second violation of this chapter or Chapter 3.12 within one year, and a fine not exceeding five thousand dollars ($5,000) for each additional violation of this chapter or Chapter 3.12 within one year of the first violation.
B. Notwithstanding Chapter 1.12 and subsection A of this section, the administrative fine for the operation of any transient occupancy facility without a valid business tax certificate shall be five hundred dollars for the first violation.
C. Notwithstanding subsection A of this section, the $1,500, $3,000, and $5,000 fines set forth therein shall not apply to: (i) a first time offense of failing to obtain a transient occupancy registration certificate or business tax certificate or pay a fee for either of those certificates; or (ii) violations committed in connection with the transient rental of a commercially operated hotel, motel, bed and breakfast inn, time-share property as defined by subdivision (aa) of Section
11212 of the Business and Professions Code, lodge, inn, camping site, space where camping or remaining overnight on a transient basis is permitted at a campground or recreational vehicle park, or the rental of anything that is not a "transient occupancy facility" as defined in Section
3.12.020.
D. Town staff shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
E. Non- compliance by an operator of the requirements for registration and operation of transient rental units may result in the revocation of the business tax certificate authorizing the use, and no new business tax certificate may be issued to the same licensee for operation of a transient occupancy facility for a period of twelve months following such revocation.
Please note that the administrative citations for $1000 were issued prior to the adoption of Ordinance 22-10 which increased the fine amounts to $1,500, $3,000, and $5,000 on November 16, 2023.
ANALYSIS/DISCUSSION:
Owners of 1629 Majestic Pines Drive Unit 69, Milad Jashnieh and Zahra Bidari, were found to be revenue violators in 2019 for renting and advertising without a valid business tax certificate or transient occupancy tax certificate. Enforcement efforts commenced and were completed with a Notice of Determination paid. The business tax and TOT certificates were issued April 22, 2019.
The BTC account was closed by Mr. Jashnieh September 30, 2020, via email request.
April 2020, the owners were found to have rented the unit during the Transient Rental Restriction to a non-essential worker. An audit was conducted, and a warning issued that the business tax certificate and transient occupancy certificate may be cancelled for a period of one year for additional violations of the restriction.
July 22, 2022, Town Finance staff located the property, 1629 Majestic Pines Drive, Unit 69 on a rental website and found the owner was soliciting for transient rentals (less than 31 days) without a valid business tax certificate and transient occupancy tax certificate. The transient rental activity dated back to October 2020, the following month after the closure of Mr. Jashnieh’s BTC, by a host named Jade.
July 25, 2022, Staff initiated enforcement efforts with an initial administrative citation of $500 sent via first class and certified mail. Staff confirmed delivery of the initial correspondence on July 27, 2022. No response was received during the 15-day window. A Notice of Assessment and a second citation in the amount of $1000 was sent first class and certified mail on August 10, 2022. Staff confirmed delivery on August 12, 2022. Mr. Jashnieh’s first response to the enforcement efforts occurred on August 16, 2022.
Initial conversations between staff and Mr. Jashnieh began on August 17, 2022. Email correspondence was sent requesting to cease advertising, cease renting, cancel future bookings and to provide revenue payout summaries for the previous three years.
Mr. Jashnieh stated that he had not rented his property at all since the closure of his BTC account. The host listed in the advertisement was “Jade.” Mr. Jashnieh denied that he knew the host, Jade, and stated that he felt he was being defrauded. The next day the Airbnb advertisement with the host name, Jade was no longer visible. When staff asked how this could occur without knowing the listed host, Jade, Mr. Jashnieh was unable to provide an explanation.
Staff received a letter from Mr. Jashnieh on August 26, 2022, stating that their property has not been rented for over 3 and a half years.
Staff was able to secure screenshots of the property advertisements, interior photos, and reviews for the past 3 years of activity on the rental market. It has been confirmed the photos collected are identical from the images used when Mr. Jashnieh was conducting rentals under his BTC.
Staff responded to the letter sent by Mr. Jashnieh and requested him to provide actual revenue reports or a copy of a police report showing he’s making a fraud claim. As a follow up with the Police Department, Mr. Jashnieh did contact them but made no claim as he was reminded that it’s illegal to file a false report.
Mr. Jashnieh did not provide actual revenue summaries or police report by the deadline of two weeks after the request. A Notice of Determination and second $1000 administrative citation was sent via First Class and Certified mail on September 1, 2022. Delivery confirmed.
Multiple emails between staff and Mr. Jashnieh continued as he maintained that his property was not being rented. Staff conducted a site visit and verified that the unit matched the images from the advertisement. Mr. Jashnieh sent an email on September 21, 2022, requesting to appeal the Notice of Determination.
As part of the appeal procedure, a deposit in the full amount of the NOD is required until a ruling can be made. A hardship waiver was requested by Mr. Jashnieh. If this waiver was to be granted a Lien is placed on the property until a ruling is determined. Concurrently a phone conversation between Rob Patterson, staff and Mr. Jashnieh was conducted to better understand both sides of the situation. Mr. Jashnieh maintained he’s not responsible for the rentals that occurred and is unwilling to provide any revenue statements or documentation to substantiate his position.
November 16, 2022, an Intent to Lien was sent via first class and certified mail for failure to provide the requested documentation or pay the Notice of Determination.
Between December 15, 2022, through January 24, 2023, multiple emails between Rob Patterson and Mr. Jashnieh were conducted and it was agreed to schedule a hearing before Town Council.
Mr. Jashnieh explained he would be traveling out of the country creating challenges in scheduling the hearing.
CASE SUMMARY:
The first enforcement case with Mr. Jashnieh was initiated on April 5, 2019. The property was identified through an online listing for transient rental without a valid business tax certificate. An administrative citation for $500 was sent via First Class and Certified mail. On April 17, 2019, a
Notice of Determination was conducted using actual revenue statements for transient rentals. The NOD was paid in full April 22, 2019.
FIRST ENFORCEMENT CASE
Gross Receipts $1,371.00
TOT $ 178.23
TBID $ 13.71
Penalties and Interest $ 0
Enforcement Charges $ 0
Total Charges $ 191.94
July 22, 2022, Mr. Jashnieh’s property was again identified as an illegal through the online data mining software for transient rentals without a valid business tax certificate or transient occupancy tax certificate. Enforcement procedures commenced and due to the lack of compliance led to a Notice of Determination and a Notice of Intent to lien the property.
SECOND ENFORCEMENT CASE
Assessed Gross Receipts $26,559.00
TOT & TBID $ 3,718.26
Penalties & Interest $ 1,886.83
Administrative citations $ 2,000.00
Enforcement charges $ 500.00
Total Charges $ 8,105.09
On September 21, 2022, Mr. Jashnieh exercised his right to appeal the Notice of Determination and a Town Council hearing was scheduled for August 2, 2023.
OPTIONS ANALYSIS
Option 1: Due to lack of documentation or evidence to substantiate Mr. Jashnieh’s position, uphold the Notice of Determination in the amount of $8,105.09. Require a signed Settlement Agreement which states that if operator is to advertise or rent transiently, he shall obtain and maintain a business tax certificate and transient occupancy tax certificate and remit all transient occupancy taxes pursuant to the TOT Ordinance and comply in all other respects with the TOT Ordinance.
Option 2: Make alternate findings and direct town staff accordingly.
FINANCIAL CONSIDERATIONS:
The Town of Mammoth Lakes relies on transient occupancy tax for more than 60% of its General Fund, without which it would not be able to provide services such as snow removal,
recreation programming, and road maintenance. Operators of illegal transient rental properties are not only failing to contribute funds necessary for the Mammoth Lakes community to thrive but are taking away potential business from operators who are following the Town laws. To waive penalties, interest, enforcement charges, and/or administrative citations routinely would result in a significant loss of revenue and likely increase tax collection efforts and enforcement difficulties.
LEGAL CONSIDERATIONS:
The Town’s Municipal Code does not authorize the Tax Collector to waive or reduce tax, penalties, interest, enforcement charges, or administrative citations that is due to the Town. The Town Council is acting in a semi-judiciary capacity and may reduce or amend the recommendation of the Tax Collector.
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve Agreement with the Southern California Toyota Dealers Association and the Town of Mammoth Lakes for the Sponsorship of the Zamboni ice-resurfacer machine operating at LA Kings Ice at Mammoth Lakes.
Council Meeting Date: 8/2/2023
Prepared by: Stuart Brown, Parks and Recreation Director/PIO Recommended Motion: Approve Agreement with the Southern California Toyota Dealers Association and the Town of Mammoth Lakes for the Sponsorship of the Zamboni ice-resurfacer machine operating at LA Kings Ice at Mammoth Lakes.
Summary: In February 2022, the Town took possession of a new lithium-ion Zamboni 552AC ice resurfacing machine funded from the Clean Air Projects Program. Ice resurfacers are an integral part of the game of hockey and winter ice sports offering broad visibility to thousands of fans, skaters, and ice enthusiasts. They are a great way to highlight a sponsor’s brand with creative, distinctive, and impactful designs and as such, provide a unique and compelling sponsorship opportunity. The image below is a Toyota branded Zamboni ice resurfacer at Crypto.com arena.
Establishing a valued, long-term, mutually beneficial partnership with a local business was important to the Town and we believe this partnership with Perry Motors – a local business serving the Eastern Sierra since 1947, will add value to the community and our many visitors realizing significant benefit for the many programs and activities scheduled to take place at LA Kings Ice at Mammoth Lakes.
Summary details of the Agreement with the Southern California Toyota Dealers Association (SCTDA) and the Town for the Sponsorship of the Zamboni ice-resurfacer machine operating at LA Kings Ice at Mammoth Lakes within the Community Recreation Center are listed below. 3-year term, commencing November 1, 2023.
$5,000/year + 50% one-time cost to “wrap” the Zamboni. Benefits include:
1) One vehicle activation event per year at the CRC,
2) One Dasherboard displayed year-round at the CRC,
3) Toyota and Perry Motors logo and website link featured on www.LAKingsiceatmammothlakes.com website, and
4) Promotion of Toyota/Perry Motors branded Zamboni on NEW @LAKingsiceMammothLakes social media platforms (Facebook/Instagram) and print material (brochure).
Town is able to display the Toyota/Perry Motors branded Zamboni in photographs, videos and other media during the term of this Agreement.
SCTDA and Perry Motors are the exclusive vehicle manufacturer/car dealership for the term of the Agreement.
TOWN COUNCIL STAFF REPORT
Title: Approve Agreement with the Southern California Toyota Dealers Association and the Town of Mammoth Lakes for the Sponsorship of the Zamboni ice-resurfacer machine operating at LA Kings Ice at Mammoth Lakes.
Meeting Date: August 2, 2023
Prepared by: Stuart Brown, Parks and Recreation Director RECOMMENDATION:
Approve the Agreement with the Southern California Toyota Dealers Association and the Town of Mammoth Lakes for the Sponsorship of the Zamboni ice-resurfacer machine operating at LA Kings Ice at Mammoth Lakes within the Community Recreation Center.
BACKGROUND:
On February 17, 2021, Town Council awarded the contract to build the new Community Recreation Center (CRC) at Mammoth Creek Park West to the lowest responsive bidder, Hamel Contracting Inc. The goal of the CRC is to create a recreation destination that encompasses a wide variety of complementary, high-quality, and affordable recreation activities all in one convenient location.
The CRC is the major recreation amenity at Mammoth Creek Park that includes four complementary components: the CRC (Mammoth RecZone / LA Kings Ice at Mammoth Lakes), the natural play area, a 7,700 sq. ft. inclusive National Demonstration Site playground, and a new mobility hub.
The Community Recreation Center (CRC) will be a Sprung Performance Arena enclosing an Olympic size ice rink that will operate in the winter, and in the summer months, the Olympic size rink will be transformed into a fully programmable and multi-use 20,000 square foot RecZone, serving as the base camp for the expanding Parks and Recreation Department summer camps and programs, delivering all recreation, all the time! On October 5, 2022, Town Council approved a 3-year Facility Branding and Use Agreement with the LA Kings and a 3-year Consulting Agreement with JV Ice PV, LLC (ASEC) to provide year-round technical and operational consulting services for the Facility. A negotiated contract deliverable was included in the Agreement to provide the Town with expertise to assist in negotiations of service contracts, including but not limited to, special events, youth, junior and adult hockey programs, figure skating and curling clubs, concessions, equipment vendors and LA Kings sponsors and supporters.
A major sponsor of the LA Kings and title sponsor of the Toyota Sports Performance Center – the practice facility for the Los Angeles Kings, is the Southern California Toyota Dealers Association (SCTDA). As a result of this valued partnership with the LA Kings, Town staff were able to leverage this long-standing partnership to secure a 3-year Agreement with the SCTDA for the sponsorship of the Zamboni ice-resurfacer machine
operating at LA Kings Ice at Mammoth Lakes within the Town of Mammoth Lakes Community Recreation Center (CRC).
ANALYSIS:
In February 2022, the Town took possession of a new lithium-ion Zamboni 552AC ice resurfacing machine funded from the Clean Air Projects Program. The Zamboni operated last winter at the outdoor Mammoth Ice Rink, but it was purchased specifically for indoor operations at the new LA Kings Ice at Mammoth Lakes operating within the Community Recreation Center.
Ice resurfacers are an integral part of the game of hockey and winter ice sports offering broad visibility to thousands of fans, skaters, and ice enthusiasts. They are a great way to highlight a sponsor’s brand with creative, distinctive, and impactful designs and as such, provide a unique and compelling sponsorship opportunity. The image below is a Toyota branded Zamboni ice resurfacer at Crypto.com arena.
The Town’s Parks and Recreation Department actively seeks sponsorships for its events, programs, parks, and valued amenities from individuals, foundations, corporations, nonprofit organizations, service clubs, and other entities. The purpose of such sponsorship is to increase the department’s ability to maintain facilities, deliver services to the community and/or provide enhanced levels of service beyond the core levels funded from the Town’s general fund. This Sponsorship Agreement is consistent with the intent, guiding principles and category of sponsorship as stated in the Parks and Recreation Department Sponsorship Policy, approved by Town Council on June 16, 2021.
Establishing a valued, long-term, mutually beneficial partnership with a local business was important to the Town and we believe this partnership with Perry Motors – a local business serving the Eastern Sierra since 1947, will add value to the community and our many visitors realizing significant benefit for the many programs and activities scheduled to take place at LA Kings Ice at Mammoth Lakes.
Summary details of the Agreement with the Southern California Toyota Dealers Association (SCTDA) and the Town for the Sponsorship of the Zamboni ice-resurfacer machine operating at LA Kings Ice at Mammoth Lakes within the Community Recreation Center are listed below.
3-year term, commencing November 1, 2023.
$5,000/year + 50% one-time cost to “wrap” the Zamboni. Benefits include:
1) One vehicle activation event per year at the CRC,
2) One Dasherboard displayed year-round at the CRC,
3) Toyota and Perry Motors logo and website link featured on www.LAKingsiceatmammothlakes.com website, and
4) Promotion of Toyota/Perry Motors branded Zamboni on NEW @LAKingsiceMammothLakes social media platforms (Facebook/Instagram) and print material (brochure).
Town is able to display the Toyota/Perry Motors branded Zamboni in photographs, videos and other media during the term of this Agreement. SCTDA and Perry Motors are the exclusive vehicle manufacturer/car dealership for the term of the Agreement.
Below is a second example of a Toyota branded Zamboni ice resurfacer.
ATTACHMENT:
A. Letter Agreement with the Southern California Toyota Dealers Association and the Town of Mammoth Lakes for the Sponsorship of the Zamboni ice-resurfacer machine operating at LA Kings Ice at Mammoth Lakes.
August 2, 2023
Southern California Toyota Dealers Association
Represented by Davis Elen
Attn: Miranda Collins Lahr, Account Supervisor
865 South Figueroa Street,
Los Angeles, California 90017
Re: Letter Agreement with the Southern California Toyota Dealers Association and the Town of Mammoth Lakes for the Sponsorship of the Zamboni ice-resurfacer machine operating at LA Kings Ice at Mammoth Lakes.
Dear Miranda,
PARTIES: This letter shall be our agreement (“Letter Agreement”) between the Southern California Toyota Dealers Association (“SCTDA”), represented by the Davis Elen Agency with a primary place of business at 865 South Figueroa Street, Los Angeles, California 90017 (“Toyota”) and the Town of Mammoth Lakes, P.O. Box 1609 Mammoth Lakes, CA 93546 (“Town”) for the sponsorship of the Zamboni ice-resurfacer machine operating at LA Kings Ice at Mammoth Lakes within the Town of Mammoth Lakes Community Recreation Center (“CRC”).
RECITALS:
WHEREAS, SCTDA desires to promote the Toyota brand and the local Toyota dealership known as “Perry Motors” to residents and visitors of Mammoth Lakes; and WHEREAS, Town is the owner and operator of the facility known as LA Kings Ice at Mammoth Lakes at the CRC and the Zamboni ice resurfacer machine located in Mammoth Lakes, California; and WHEREAS, SCTDA desires to promote Toyota and its products by placing its name, logo and other marks on the Town-owned Zamboni ice resurfacer machine that will operate at LA Kings Ice at Mammoth Lakes within the CRC to the public; and
WHEREAS, it is the policy of the Town’s Parks and Recreation Department to seek sponsorships for its events, programs, parks, and valued amenities from individuals, foundations, corporations, non-profit organizations, service clubs, and other entities. The purpose of such sponsorship is to increase the department’s ability to maintain facilities, deliver services to the community and/or provide enhanced levels of service beyond the core levels funded from the Town’s general fund; and WHEREAS, This Sponsorship Agreement is consistent with the intent, guiding principles and category of sponsorship as stated in the Parks and Recreation Department Sponsorship Policy, approved by Town Council on June 16, 2021;
Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA, 93546
(760) 965-3600
www.townofmammothlakes.ca.gov
Town of Mammoth Lakes and Southern California Toyota Dealers Association Letter Agreement
NOW, THEREFORE, for good and valuable consideration of which is hereby acknowledged by both Parties, the Parties agree to as follows:
1. TERM: The term ("Term") of this Agreement shall commence on November 1, 2023 and shall continue for a period of three (3) consecutive years until October 31, 2026. As additional consideration for Toyota’s sponsorship fee, Town hereby grants Toyota a right of first negotiation and a right of first refusal to extend the Term at a negotiated fee prior to the expiration of the Term or for a ninety (90) day period immediately following the expiration of the Term.
2. COMPENSATION: In consideration for all rights and benefits described herein, SCTDA shall pay to Town, the sum of $17,850 payable in the following installments on the corresponding dates:
November 1, 2023: $7,850 (50% wrap expense plus annual sponsorship value) November 1, 2024: $5,000
November 1, 2025: $5,000
A. Conditions: The Parties acknowledge that the foregoing payments are contingent upon the completion of the construction of LA Kings Ice at Mammoth Lakes (Rink) and the continuous operation of the Rink throughout the Term (as defined above). If for whatever reason, the Rink is not open by the start of the Term or due to unforeseen circumstances outside of the Town’s control, the Town will add the number of days that the Rink was not open from November 1, 2023 to the end of the Term (October 31, 2026). The Rink is scheduled to operate annually from approximately October – April.
B. Installation and Design of the Zamboni Wrap: In consideration of the professionally designed and custom branded wrap of the Zamboni 552AC ice-resurfacer machine operating at LA Kings Ice at Mammoth Lakes, SCTDA shall pay a one-time fee of $2,850 representing 50% of the total cost of the wrap. This fee shall be paid with the annual sponsorship fee of $5,000 on November 1, 2023, as noted above. SCTDA shall also design and provide high resolution pictures/files as well as high resolution logos in a PDF or TIFF file format for the Zamboni wrap no later than August 31, 2023 to Big City Print, Inc. for the installation of the wrap. This date may be amended through mutual written agreement of Town and SCTDA, which shall not require a formal amendment of this Agreement. The design of the Zamboni wrap must be approved by the Town prior to distribution to Big City Print, Inc.
C. Benefits: Town will provide to Toyota for the duration of the Term, the following benefits:
I. One (1) vehicle activation event per year at the CRC for an agreed upon period of time.
II. One (1) Dasherboard displayed year-round at the CRC at a location determined by the Town.
III. Toyota and Perry Motors logo and website link featured on NEW www.LAKingsiceatmammothlakes.com website.
IV. Promotion of Toyota/Perry Motors branded Zamboni on NEW @LAKingsiceMammothLakes social media platforms (facebook/Instagram) and regionally distributed rack card (10,000).
Town of Mammoth Lakes and Southern California Toyota Dealers Association Letter Agreement
LICENSE: In order to permit the Town to deliver the benefits promised herein, SCTDA hereby grants Town a revocable, royalty-free, non-exclusive, non-transferable license to display the Toyota/Perry Motors branded Zamboni, in photographs, videos and other media during the term of this Agreement.
EXCLUSIVITY: In good faith and in consideration of this Agreement, Town shall not grant or execute a promotional, branding or advertising agreement for LA Kings Ice at Mammoth Lakes or the CRC with any other vehicle manufacturer or car dealership for the Term of this Agreement.
GOVERNING LAW; VENUE; GOVERNMENT CODE CLAIM COMPLIANCE; ATTORNEY'S FEES: This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Mono County, California. If either party commences an action against the other party, either legal, administrative, or otherwise, arising out of or in connection with this Letter Agreement, the prevailing party shall be entitled to recover all reasonable fees and costs incurred, including reasonable attorneys’ fees, as determined by the court.
ASSIGNMENT; AMENDMENT: This Letter Agreement may not be modified or altered except in writing signed by both parties. Except to the extent expressly provided for in the termination paragraph, there are no intended third-party beneficiaries of any right or obligation of the Parties.
AUTHORITY OF SIGNATORIES: The undersigned signatories represent and warrant that they have the authority to enter into this Letter Agreement and bind the respective Parties to the terms hereof.
ENTIRE AGREEMENT; CONSTRUCTION & CAPTIONS: This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder.
Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement. [signatures on following page]
Town of Mammoth Lakes and Southern California Toyota Dealers Association Letter Agreement
If you agree with the terms of this Letter Agreement, please indicate by signing and dating where indicated below.
TOWN OF MAMMOTH LAKES
Approved by: Attest:
_____________________________ _____________________________ Daniel C. Holler Jamie Gray
Town Manager Town Clerk
TOYOTA
Reviewed and Accepted by the Southern California Toyota Dealers Association, Represented by Davis Elen:
_____________________________
Miranda Collins Lahr, Account Supervisor
_____________________________
Date
_____________________________
Davis Elen Executive
_____________________________
Date
TOWN COUNCIL STAFF REPORT
Title: Fourth Quarter Fiscal Year 22-23 Budget Review.
Meeting Date: August 2, 2023
Prepared by: Rob Patterson, Administrative Services / Finance Director RECOMMENDATION:
Receive the fourth quarter Fiscal Year 22-23 Budget Report and adopt the proposed resolution amending the Fiscal Year 22-23 budget as recommended in Attachment A and B – Budget Adjustments.
BACKGROUND:
Proper administration of any fiscal budget requires regular scheduled review of performance. The Town of Mammoth Lakes has committed to providing Town Council with the opportunity to review our financial performance at the close of each quarter. The report reflects the fourth quarter performance and other specific events, which have affected our results. The purpose of this report and related requests are to clean up budget issues for a more seamless operation of the Town.
Review and frequent adjustment are a critical part of any budget that is highly variable and fiscally conservative.
This fiscal year financial performance reflected the extremes experienced from this winter. We set records in TOT revenue in 8 of the 12 months with total TOT revenue just shy of $29.5M for the year. We also set equally high marks with expenditures related to snow removal and our disaster response. As a community we are blessed to have the financial position to weather the challenges this winter brought to our community. As you will see below, much of our emergency response was funded by our visitation-based economy. This fourth quarter review will provide updates and funding to cover our expenses and allow for one-time contributions to our capital improvement programs and community initiatives.
ANALYSIS/DISCUSSION:
The primary focus of this review is the General Fund, Gas Tax, and Airport Operations. These funds have the broadest group of revenues and expenditures and often have interdependency on the General Fund for operational support.
The budget process for FY22-23 was a continued growth of the strong performance the Town enjoyed exiting the challenges faced during the pandemic. The desire for travel and leisure remains high, driving up demand and overall pricing. These high average daily rates (ADR) contribute to Transient Occupancy Tax (TOT) that far exceeds normal visitation increases. In addition to the strong returns for lodging, the region experienced a successful summer / fall season free of smoke and other impacts that have been common for the last several years. Snowfall was early again this year and continued with a series of significant storms that lasted into late January delivering one
FY22-23 – Fourth Quarter Budget Update Page 2
of the best starts to winter in many years. Then in late February and into March, the relentless snow fall and record-breaking winter resulted in a declared emergency for snow loads and winter impacts. The entire region was affected by the volume of snowfall. The Town relied on hard work and support from our State and Federal partners to address community needs during the disaster.
As the danger of over loaded structures and propane problems continued into spring, the Town did not have a traditional spring thaw and transition of seasons. Winter was upon us through May with delay in transition to summer activities and broad opening of the region. This winter was enormous and the impacts to our community were immediate and severe. Much of the expenses incurred this year are in response to the winter or recovery from it.
This staff report will discuss both increased revenue and expenditure details realized for FY22-23.
The numbers below are pre-audit financial results and only the largest adjustments are reflected.
The final review will occur in October with the Fund Balance presentation where staff anticipates additional funds will be available for allocation.
Transient Occupancy Tax
The primary revenue driver for the General Fund is Transient Occupancy Tax (TOT). As mentioned in the previous section, winter visitation was very strong. The amount of TOT collected is a factor of both visitation and the nightly rates charged by our lodging facilities. Based on the performance of TOT, there is a significant increase in nightly rates this fiscal year, with a steady pace of visitation, resulting in strong TOT performance. The chart below shows how the actual TOT revenue was received for the fiscal year. During the 2nd quarter budget presentation, Staff increased the TOT budget by $4.0M to $20.0M for the year. This quarter will realize an additional $9.4M for TOT revenue.
FY22-23 – Fourth Quarter Budget Update Page 3
In addition to Transient Occupancy Tax, revenue violations and penalty and interest accounts are far above normal revenue due to the significant enforcement work done during FY22-23. The chart below reflects results of the enforcement effort, combined revenue violations, penalties and interest are $310,300 over budget for the year. Below is a recap of all TOT related accounts:
FY22-23 – Fourth Quarter Budget Update Page 4
Reserve Accounts
The recommended increase to Transient Occupancy Tax revenue will result in additional contributions to reserve accounts for Tourism, Housing, and Transit based on Council direction and political commitments. Based on the fourth quarter recommendation of $9,400,000, the following adjustments will be made to reserve accounts, rounded to the nearest $100.
Property Tax
This revenue stream has continued growth into FY22-23 before a taper off of transactions with increased interest rates. The budget is conservative and many of the elements have increases for the 4th quarter. The details below outline changes in the revenue. For the first time in several years, ERAF Excess will not be distributed to the Town for FY22-23. In total, property tax increased $305,700 for the year.
FY22-23 – Fourth Quarter Budget Update Page 5
Sales Tax
This revenue stream is directly tied to visitation and therefore had a strong year, exceeding expectations by $500,000 for FY22-23. Since this is directly tied to the cost of goods, the current increase in inflation served to increase the gross sales and therefor sales tax collected. In future years, we may see the reverse effect as efforts to control inflation may reduce both prices and visitation. Staff will remain conservative in the estimated growth of this revenue stream.
Business Tax
The revenue stream includes both business and cannabis tax collected along with any application fees, late fees, or collection efforts. This year the Town increased Business Tax amounts on short -term rental business renewals as the cost of monitoring and administration increased. This fee increase is the majority of the increase reflected in the numbers below. In general, the combined revenue items exceeded budget by $93,075 as illustrated below.
Franchise Fee
The Town receives franchise fees for Solid Waste, Electricity, Gas, and Cable. This revenue stream has been difficult to budget in the last few years due to changes in agreements, both rate and allowable items. This revenue is also affected by visitation and has reflected the strong visitation.
FY22-23 – Fourth Quarter Budget Update Page 6
The reduction in solid waste is a result of the tipping fee coverage ($77,500) as the Benton Crossing facility closed at the end of December 2022. In total, franchise fees increased $79,700 combined in these three categories as illustrated below.
Interest on Investments
The Town invests most of the cash balances in either Local Agency Investment Fund (LAIF) or California Asset Management Program (CAMP). Both of these are specific investments for municipal organizations, providing both security and liquidity needed for local government. The Town invests $40 million in CAMP which has returns close to 5% and approximately $15 million in LAIF with an interest rate of 3.5%. The Town does not depend on the revenue provided by interest in the normal operating budget therefore not much is attributed to this revenue stream on an annual basis. This quarter the Town will realize $655,000 in additional revenue from interest.
Since the Town allocates interest to the specific fund where the cash balance exists, there will be additional interest realized in other funds. The increase illustrated below is specific to the General Fund. The Town also invests the balance in Reserve for Economic Uncertainty (REU) in the Mono County Investment Pool. All proceeds from this interest are allocated into the REU to keep this reserve funded to policy.
The following charts illustrate the changes in revenue for sections that are usually included in the general category of Other Revenue. Key items to highlight are the building permits +$118,000 from the larger projects and damage recovery work being completed. Planning and Zoning Applications +$280,000 has a corresponding expense as most of the work is pass through contract work for the Town. Finally, the grant funding for Tobacco has increased restrictions, limited to specific time on campus providing presentations specific to tobacco use. In prior years the Town would receive funding for our school resource officer and all activity they worked on campus. The Town still expects to bill to this grant but likely in FY23-24.
FY22-23 – Fourth Quarter Budget Update Page 7
The combined increase to General Fund revenue is $11,917,975 for the fourth quarter budget review.
Emergency Response - Expenditures
The Town accounting systems track the emergency response expenses separately from normal Town operations. This was done to track the extent of support provided as well as provide
FY22-23 – Fourth Quarter Budget Update Page 8
adequate reporting to seek reimbursement from FEMA. The Town spent $1,940,000 in response to the disaster in several categories, mainly in support of emergency repairs and community support. As you will see in the staff recommendations and capital projects, there are many more expense related to disaster recovery and facility repairs. Those expenses, while listed in the “onetime” expenditure section of this report, will be included in any FEMA disaster recovery expense.
The true impact of this winter and expense to the Town will be unknown for several years.
However, our approach to fully fund the impacts and seek reimbursement means we will not see additional expenses but only recovery of Town funds in the future.
General Fund - Expenditures
The fourth quarter budget review is where fine tuning of the budget occurs. In addition to fine tuning, it is also the quarter most of the normal, non-seasonal adjustments present themselves. An analysis of the General Fund expenditures does show trends in cost for the Town and are largely predictable and understandable given the impact of the winter. While the total expenditure is only $78,600 there are several adjustments, both increases and decreases to arrive at that total additional expense. The analysis and review must be completed in order to determine if funds are necessary for larger gaps. This is an extensive amount of detail but important to understand the volume of review and adjustments that are made during the quarterly budget review.
FY2
2-23– Fourth Quarter Budget Update Page9
FY22-23 – Fourth Quarter Budget Update Page 10
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FY22-23 – Fourth Quarter Budget Update Page 12
FY22-23 – Fourth Quarter Budget Update Page 13
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Gas Tax - Fund 210
Gas Tax is one of the larger funds that supports road maintenance & rehabilitation and snow removal. The budgets for snow removal are based on a typical year of precipitation and removal efforts. The effort required in FY22-23 to maintain vehicle travel lanes was as record setting as the snow received. Staff did anticipate this during the last budget review during the second quarter and placed some additional funding in certain areas. Our fleet services team has completed the garage billing for the year which includes the cost of operations, such as fuel and vehicle maintenance which has illustrated the impact of operations. Since any revenue shortfall in this fund is supported by General Fund, staff is requesting $1,317,285 of General Fund revenue to backfill these additional expenditures and some revenue shortfall for the year. The charts below contain detail analysis of this activity.
FY22-23 – Fourth Quarter Budget Update Page 16
Gas Tax Expenditures
FY22-23 – Fourth Quarter Budget Update Page 17
Airport - Fund 220
The Airport continues to work on expansion of charter service and other expansion opportunities after the commercial service was moved to Bishop in December of 2021. Town staff is working with Mammoth Lakes Tourism (MLT) to make modifications to the frequency of flights locations to fine tune the program. To date these adjustments have been successful in growing the existing program. The review below includes a review of revenue which is higher than expected due to these efforts and winter visitation. Facility rental increase was from the use of Airport land as a staging area for the Parcel work. This was unanticipated for FY22-23 but is built into future expectations. Total revenue exceeded budget by $106,150. There were also adjustments made to the expenditures for Airport Operations ($110,775) and Airport Capital Projects ($58,750), details included below:
Airport Expense
FY22-23 – Fourth Quarter Budget Update Page 18
Staff Recommendations
Part of the quarterly budget review is to engage any unallocated revenue as quickly as possible into projects for the community. The success of our budget model is to provide one-time funding for capital projects or important initiatives. The list below is a recommendation from staff on where to allocate funds based on highest priority. In some cases, capital projects or initiatives may have multiple revenue streams recommended. The report below is focused on the impacts of General Fund followed by specific details for reserve accounts and finally a summary of those combined efforts to easily follow total impact recommended for each project or initiative. The Town has a good practice of utilizing unallocated revenue and designated reserves to engage community needs in a strategic, prioritized process. Staff has included a brief on each of the suggested allocations listed in the summary below:
FY22-23 – Fourth Quarter Budget Update Page 19
Town Facility Damage
Staff has been working to identify damage to Town facilities from last winter’s storms. The initial response included approval of three resolutions authorizing immediate work for public safety. This includes road repairs, airport fencing, and a mix of infrastructure as noted above. The road work was completed. Other work is ongoing. There is additional damage that will need to be addressed and staff is working on cataloging the needs and will prepare a formal bid for the work, with a rough estimate of $400,000. A few specific facilities are also noted that need repairs. The funding levels are estimates, and much of the work will need to go through a bid process.
Future Capital – Fund 990
The recommendation to allocate $1,000,000 to Fund 990 is funding set aside for additional unknown repair costs as noted above and a contingency for other projects. The fund is used meet new opportunities and address unforeseen needs (i.e., a grant match, or items such as air conditioning repairs for Town Offices). Several capital projects are proceeding this summer, and given the current bidding climate and some unknowns, additional funding may be necessary.
Tourism Project – TBID Matching Funds
The approval of the Tourism Business Improvement District Plan (TBID) included the allocation of funds to assist in addressing needs of visitors that will provide benefits to the businesses that are paying the TBID assessments. Due to the nature of the projects and the potential for identifying projects that may be limited in TBID funding support, this allocation of $500,000 will allow the
FY22-23 – Fourth Quarter Budget Update Page 20
Town to assist or directly fund projects. The renewed TBID is effective September 1, 2023. The availability of TBID revenues will follow.
Mammoth Creek Park
The lawn area at Mammoth Creek Park will need to be restored. The plan includes placing engineered wood fiber around the existing boulders, replacement of irrigation systems, new lawn, a pavilion/stage component, and related amenities. The work has not been fully scoped, and the recommendation is to set aside $500,000.
Traffic Signals Upgrade
The traffic signals at Old Mammoth Road and Minaret, and Canyon Boulevard and Lake Mary Road need to be rewired, new controller cabinets installed, new pedestrian controls and all of the lights updated to meet current standards. This maintenance work is planned for this year with a budget allocation of $475,000.
Housing NOW! Initiative
Staff is recommending continued funding for the Housing Now! Initiative of $400,000 from Town resources and allocations from Tourism and Housing identified reserves of $1.1 million, as noted below. The total allocation of $1.5 million will continue to be leveraged to increase community housing.
Public Restrooms – Park & Ride Lot
Staff is recommending the allocation from Town resources of $250,000 and $250,000 from the Tourism reserve to fund the placement of a public restroom at the Old Mammoth Road/Tavern Road Park and Ride Lot. The project has not been scoped, and the support infrastructure costs are unknown. The restroom will address comments received from several businesses stating the need for additional public restrooms outside of their businesses.
Town Office - Design
Staff is continuing to prepare preliminary plans for a new Town Office building. We have submitted for grants and are waiting to see if we will be awarded funding. The process has added additional design work, with options being considered. The allocation of $300,000 will continue to support this work. The current timeline is looking at fall 2026 for project completion, pending final design, scope and funding.
Airport Equipment
The Airport is in need of equipment to support daily operations, in particular a forklift and mowing deck. Staff will attempt to locate good quality used equipment to fit the needs. Staff is recommending $50,000 to support the acquisition of this equipment.
Fleet Shelving Project
Fleet Maintenance is going through a modernization of operating systems including inventory control. To enhance efficiencies of current inventory storage areas new shelving is required, therefore the request of $35,000.
FY22-23 – Fourth Quarter Budget Update Page 21
Employee Contract Commitments
The Town has contracts with the employee associations as well as the executive staff. The most recent agreement, negotiated for July 1, 2023, included a bonus, or one-time payout for all employees in that classification as of July 1, 2023. The payout totals $194,000 across General Employee, Public Works, and Management Employee associations as well as Executive Staff.
The contracts for these groups also continue the existing TOT bonus payout. This bonus is calculated based on a percentage of collected TOT, after all committed allocations. This bonus is capped at $4,000 per year. The total payout for this bonus is $274,900 for FY22-23.
The chart below is a continuation of the previous review of General Fund revenue to expenditures, including emergency response. The total available after those elements was $9,899,375. The allocation of additional transfer for operational needs, Gas Tax and Airport, along with reserve commitments and staff recommendations is summarized below:
Tourism Reserve
The tourism reserve was established to provide funding for tourism expenditures and is based on the normal allocation of TOT for tourism which is 2.35 points or 18.08% of TOT collected. This is considered a political commitment established by the Town Council to ensure tourism related activities, and more recently housing activities have a stable funding source. The allocation from the excess TOT was $1,699,200 for the 4th quarter. Staff has recommended $600,000 be allocated to Housing Now! to continue the Town Council commitments to use marketing funds to assist the Town housing programs. There are two marketing related expenses Staff is recommending, supporting air subsidy ($300,000) and event funding ($200,000) for the Spartan Race in the Fall.
This year with the renewal of TBID, there was renewed interest in utilizing marketing funds to support both visitor and community experience. As these funds will be accumulated through TBID collection in FY23-24, they will not be available for current capital projects. To that end, staff is recommending a couple of projects receive Tourism reserve funding to start the “Tourism related”
FY22-23 – Fourth Quarter Budget Update Page 22
capital improvement projects. The identified projects include public restrooms at the park and ride lot ($250,000) and sidewalk updates on Canyon Blvd. ($200,000).
Housing Reserve
The housing reserve was established to provide funding for housing expenditures and is based on the normal allocation of TOT for housing which is .85 points or 6.54% of TOT collected. This is considered a political commitment established by the Town Council to ensure housing activities have a stable funding source. The allocation from the excess TOT was $614,600 for the 4th quarter.
Staff has recommended $500,000 be allocated to the Housing Now! programs.
Transit Reserve
The transit reserve was established to provide funding for transit expenditures and is based on the normal allocation of TOT for transit which is .85 points or 6.54% of TOT collected. This is considered a political commitment established by the Town Council to ensure transit activities have a stable funding source. The allocation from the excess TOT was $614,600 for the 4th quarter.
Staff is recommending these funds support a capital project on Canyon Blvd to provide a bus shelter near the new Limelight constructions site. This project is in conjunction with the sidewalk improvements listed under Tourism reserve.
FY22-23 – Fourth Quarter Budget Update Page 23
The recommendations listed above will serve to further our existing capital improvement programs as well as community initiatives. While the identified revenue for General Fund is fully exhausted, showing a use of fund balance of $15,835, staff is comfortable there will be additional expense savings identified during the year end process sufficient to cover this deficit. The allocations of reserve, tourism, housing, and transit, also leaves some unallocated reserve for future needs, even from funds allocated during fourth quarter. These reserves also have allocated funds from the second quarter as well as previous reserve balance that are available. A comprehensive review of these reserve balances will be completed with the Fund Balance presentation in October 2023.
OPTIONS ANALYSIS
Option 1: Receive the fourth quarter Fiscal Year 22-23 Budget Report and adopt the proposed resolution amending the Fiscal Year 22-23 budget as recommended in Attachment A – Budget Adjustments.
Option 2: Provide staff with alternate direction on the proposed budget amendments.
FY22-23 Budget Presentation
Fourth Quarter Update
Rob Patterson
Administrative Services / Finance Director
August 2, 2023
Transient Occupancy Tax
General Fund - Revenue
General Fund - Revenue
General Fund - Revenue
General Fund - Revenue
General Fund - Expenditure
General Fund – Summary
Fund 210 – Gas Tax – Summary
Fund 220 – Airport Operations – Summary
General Fund – Staff Recommendations
General Fund Recap
Reserve Funding Recommendations
Capital Project Recap
RESOLUTION NO. 23-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
ACCEPTING THE MID-YEAR UPDATE AND AMENDING THE
FISCAL YEAR 2022-23 BUDGET
WHEREAS, the Town Council has adopted a Fiscal Year 2022-23 Budget; and WHEREAS, the Town Council wishes to make modifications to that Budget as necessary to the efficient administration of the Town; and WHEREAS, the Town Council received an update from the Administrative Services/Finance Director at the August 2nd Town Council meeting regarding the current year financial results through the 4th quarter ending June 2023; and WHEREAS, the Town Council provided direction to modify revenues and expenses in various funds and departments.
NOW, THEREFORE, BE IT RESOLVED that the Administrative Services/Finance Director is hereby directed to make the following modifications to the FY2022-23 budget, as provided for in Attachments A and B.
APPROVED AND ADOPTED THIS 2nd day of August 2023
___________________________
JOHN WENTWORTH, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk
Date of Request: 8/2/2023 Requested By: Rob Patterson
Department: Finance
CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund-Dept-Account Activity Increase Decrease Increase Decrease 1 PROPERTY TAX SECURED 100-000-30202 - 25,000 2 PROPERTY TAX UNSECURED 100-000-30204 - 20,000 3 PRIOR SECURED & ESCAPES 100-000-30210 - 5,300 4 DOCUMENTARY TRANSFER TAX 100-000-30230 - 6,000 5 CURRENT SUPPLEMENTAL TAX 100-000-30234 - 50,000 6 HOMEOWNERS EXEMPTION 100-000-30250 - 40,000 7 PROPERTY TAX‐IN LIEU VLF 100-000-30260 - 240,000 8 ERAF EXCESS 100-000-30270 - 70,000
9 SALES TAX 100-000-30402 - 500,000
10 TOT: CURRENT YEAR 100-000-30604 - 9,400,000 11 TOT: AUDIT 100-000-30606 - 16,000
12 TOT: AUDIT PEN. & INT. 100-000-30608 - 11,000 13 TOT: CERTIFICATES 100-000-30640 - 2,000 14 TOT: PENALTIES & INTEREST 100-000-30644 - 147,000 15 TOT: REVENUE VIOLATIONS 100-000-30660 - 97,000 16 TOT: REV VIOL PEN & INTEREST 100-000-30661 - 42,000 17 TOT: ZONING VIOLATIONS 100-000-30670 - 3,000 18 TOT: ZONING VIOL PEN & INTERES 100-000-30671 - 7,700 19 BUSINESS TAX 100-000-30802 - 80,000
20 CANNABIS TAX 100-000-30803 - 13,000 21 BUS TAX PENALTIES & INTEREST 100-000-30810 - 8,100 22 BUSINESS LIC APPLICATION FEE 100-000-30830 - 4,100 23 BUSINESS LIC RENEWAL FEE 100-000-30840 - 13,875 24 FRANCHISE FEE: SOLID WASTE 100-000-31204 - 70,000 25 FRANCHISE FEE: ELECTRICITY 100-000-31206 - 95,800 26 FRANCHISE FEE: GAS 100-000-31208 - 56,400 27 FRANCHISE FEE: CABLE 100-000-31210 - 2,500 28 BUILDING PERMITS 100-000-31420 - 118,000 29 CHARGES FOR SERVICES 100-000-31602 - 15,000 30 CREDIT CARD SERVICE FEE 100-000-31606 - 7,300 31 FACILITY RENTAL 100-000-31610 - 69,000 32 P&R FACILITY RENTAL 100-000-31615 - 13,000 33 PLANNING & ZONING APPLICATIONS 100-000-31624 - 280,000 34 MASTER PLAN FEES 100-000-31626 - 24,500 35 ENGINEERING FEES 100-000-31630 - 7,600 36 FOREST SERVICE CONTRACT 100-000-31640 - 9,000 37 TRANSIT FEE 100-000-31652 - 5,000
38 RECREATION PROGRAM FEES 100-000-31664 - 18,500 39 WHITMORE MASTER 100-000-31670 - 10,000 40 EDISON MASTER 100-000-31671 - 4,500 41 WHITMORE POOL REIMB 100-000-31672 - 26,600 42 MUNICIPAL COURT FINES 100-000-32810 - 3,800 43 PARKING CITATIONS 100-000-32820 - 16,200 44 CIVIL PENALTIES:MUNICIPAL CODE 100-000-32860 - 30,000 45 TOBACCO GRANT 100-000-36005 - 103,800 46 COPS ‐ FED 100-000-34230 - 25,000
47 STATE GRANTS: MISC 100-000-35210 - 15,000 48 COPS‐OPTION PUBLIC SAFETY 100-000-35220 - 16,600 49 REFUNDS AND REBATES 100-000-37100 - 25,400 50 PARTICIPANT REIMBURSEMENT 100-000-37104 - 21,000 51 OTHER REVENUE 100-000-37300 - 15,000 52 TEMPORARY WAGES 100-405-40111 - 5,700 53 OVERTIME WAGES 100-405-40113 - 128,200 54 OFFICE SUPPLIES 100-405-42002 - 100 55 MAINTENANCE SUPPLIES 100-405-42007 - 6,400 56 SPECIAL OPERATIONAL 100-405-42030 - 292,200 57 CONTRACTUAL SERVICES 100-405-43031 - 1,505,700 58 ADVERTISING & LEGAL NOTICES 100-405-43130 - 1,300 59 TEMPORARY WAGES 100-410-40111 - 8,800 60 HEALTH INS PREMIUMS 100-410-41002 - 19,900 61 TRAINING, ED, CONF & MTGS 100-410-43150 - 19,100
BUDGET TRANSFER
FY 22/23 - 4th QTR BUDGET AMENDMENT
EMERGENCY RESPONSE
TOWN COUNCIL
CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund-Dept-Account Activity Increase Decrease Increase Decrease 62 CONTRACTUAL SERVICES 100-412-43031 - 6,800 63 REGULAR SALARIES 100-415-40000 - 17,200 64 TEMPORARY WAGES 100-415-40111 - 700 65 OVERTIME WAGES 100-415-40113 - 5,400 66 COMPREHENSIVE LEAVE 100-415-40130 - 26,700 67 HEALTH INS PREMIUMS 100-415-41002 - 16,700 68 PERS (RETIREMENT) 100-415-41020 - 5,800 69 UNIFORMS & PERSONAL EQUIP 100-415-42006 - 900 70 SPECIAL OPERATIONAL 100-415-42030 - 400 71 CONTRACTUAL SERVICES 100-415-43031 - 10,300 72 ENFORCEMENT 100-415-43032 - 1,100 73 AUDIT SERVICES 100-415-43100 - 2,300
74 MEM'SHIPS, DUES, SUBSCR, PUBLI 100-415-43110 - 100 75 ADVERTISING & LEGAL NOTICES 100-415-43130 - 300 76 TRAINING, ED, CONF & MTGS 100-415-43150 - 1,300 77 SB 1559 TAX ADMIN FEE 100-415-43422 - 8,500 78 OFFICE SUPPLIES 100-416-42002 - 9,100
79 POSTAL SUPPLIES & POSTAGE 100-416-42005 - 3,400 80 SPECIAL OPERATIONAL 100-416-42030 - 10,900 81 CREDIT CARD FEES 100-416-43114 - 14,800 82 CONTINGENCY 100-416-43180 - 75,000
83 PUBLIC UTILITIES 100-416-43404 - 9,700 84 FACILITY LEASE 100-416-45010 - 49,600
85 EQUIPMENT LEASE 100-416-46010 - 5,100 86 REGULAR SALARIES 100-417-40000 - 5,900 87 OVERTIME WAGES 100-417-40113 - 1,900 88 COMPREHENSIVE LEAVE 100-417-40130 - 12,600 89 HEALTH INS PREMIUMS 100-417-41002 - 4,700 90 PERS (RETIREMENT) 100-417-41020 - 3,200 91 MEM'SHIPS, DUES, SUBSCR, PUBLI 100-417-43110 - 2,000 92 RECRUITING & OTHER HR 100-417-43140 - 5,000 93 TRAINING, ED, CONF & MTGS 100-417-43150 - 300 94 REGULAR SALARIES 100-420-40000 - 73,600 95 TEMPORARY WAGES 100-420-40111 - 21,300
96 OVERTIME WAGES 100-420-40113 - 23,900 97 POLICE HOLIDAY PAY 100-420-40115 - 4,600 98 COMPREHENSIVE LEAVE 100-420-40130 - 90,500 99 HEALTH INS PREMIUMS 100-420-41002 - 73,300 100 UNEMPLOYMENT ASSESSMENT 100-420-41016 - 5,000 101 ICMA VANTAGECARE 100-420-41018 - 8,000 102 PERS (RETIREMENT) 100-420-41020 - 14,300 103 PARS (RETIREMENT ENHANCED) 100-420-41024 - 13,600 104 PARS (PART TIME RETIREMENT) 100-420-41028 - 1,300 105 UNIFORMS & PERSONAL EQUIP 100-420-42006 - 1,300 106 MAINTENANCE SUPPLIES 100-420-42007 - 2,400 107 SPECIAL OPERATIONAL 100-420-42030 - 14,900 108 CONTRACTUAL SERVICES 100-420-43031 - 134,300 109 GARAGE VEHICLE SERVICE 100-420-43060 - 36,800 110 MEM'SHIPS, DUES, SUBSCR, PUBLI 100-420-43110 - 1,200 111 PRINTING & REPRODUCTION 100-420-43120 - 4,400 112 ADVERTISING & LEGAL NOTICES 100-420-43130 - 1,500 113 DOJ FINGERPRINT LIVE 100-420-43156 - 4,200 114 COMMUNICATION EQUIP MAINT 100-420-45400 - 6,900 115 EQUIPMENT LEASE 100-420-46010 - 3,100 116 MACHINERY & EQUIP ‐ NON CAP 100-420-46200 - 16,200 117 COMMUNIC EQUIP ‐ NON CAP 100-420-46300 - 4,100 118 OFFICE EQUIP & FURNITURE 100-420-46440 - 3,300 119 REGULAR SALARIES 100-432-40000 - 33,000 120 TEMPORARY WAGES 100-432-40111 - 49,600
121 OVERTIME WAGES 100-432-40113 - 2,300
122 COMPREHENSIVE LEAVE 100-432-40130 - 26,700 123 HEALTH INS PREMIUMS 100-432-41002 - 10,300 124 UNEMPLOYMENT ASSESSMENT 100-432-41016 - 3,200 125 PERS (RETIREMENT) 100-432-41020 - 3,000
FINANCE
LEGAL SERVICES
GENERAL SERVICES
HUMAN RESOURCES
POLICE SERVICES
RECREATION PROGRAMS
CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund-Dept-Account Activity Increase Decrease Increase Decrease 126 AMENITIES ENHANCEMENT PROGRAM 100-432-42009 - 5,000 127 CONTRACTUAL SERVICES 100-432-43031 - 5,900 128 PRINTING & REPRODUCTION 100-432-43120 - 3,000 129 EXCURSIONS & FIELD TRIPS 100-432-43164 - 2,000 130 FIREWORKS DISPLAY 100-432-44320 - 16,600 131 REGULAR SALARIES 100-434-40000 - 9,800 132 TEMPORARY WAGES 100-434-40111 - 5,000 133 OVERTIME WAGES 100-434-40113 - 2,000 134 COMPREHENSIVE LEAVE 100-434-40130 - 5,100 135 HEALTH INS PREMIUMS 100-434-41002 - 11,000 136 UNEMPLOYMENT ASSESSMENT 100-434-41016 - 1,400 137 PERS (RETIREMENT) 100-434-41020 - 2,300 138 UNIFORMS & PERSONAL EQUIP 100-434-42006 - 1,500 139 MAINTENANCE SUPPLIES 100-434-42007 - 5,100 140 RECREATION SUPPLIES 100-434-42008 - 1,200 141 CONTRACTUAL SERVICES 100-434-43031 - 4,600 142 GARAGE VEHICLE SERVICE 100-434-43060 - 13,500 143 ADVERTISING & LEGAL NOTICES 100-434-43130 - 1,300 144 TRAINING, ED, CONF & MTGS 100-434-43150 - 4,000 145 PUBLIC UTILITIES 100-434-43404 - 5,600 146 TAXES & FEES 100-434-43420 - 1,900
147 FACILITY LEASE 100-434-45010 - 2,000 148 PARK GROUNDS & BLDGS MAINT 100-434-45080 - 4,000 149 REGULAR SALARIES 100-438-40000 - 11,300 150 TEMPORARY WAGES 100-438-40111 - 42,400
151 OVERTIME WAGES 100-438-40113 - 18,100 152 COMPREHENSIVE LEAVE 100-438-40130 - 16,400 153 UNEMPLOYMENT ASSESSMENT 100-438-41016 - 5,000 154 PERS (RETIREMENT) 100-438-41020 - 3,800 155 MISC SUPPLIES 100-438-42003 - 5,000
156 MAINTENANCE SUPPLIES 100-438-42007 - 5,900 157 CONTRACTUAL SERVICES 100-438-43031 - 13,300 158 GARAGE VEHICLE SERVICE 100-438-43060 - 32,400 159 PUBLIC UTILITIES 100-438-43404 - 18,600 160 PARK GROUNDS & BLDGS MAINT 100-438-45080 - 1,900 161 REGULAR SALARIES 100-440-40000 - 47,200 162 TEMPORARY WAGES 100-440-40111 - 23,500
163 COMPREHENSIVE LEAVE 100-440-40130 - 25,100 164 HEALTH INS PREMIUMS 100-440-41002 - 27,100 165 PERS (RETIREMENT) 100-440-41020 - 1,900 166 UNIFORMS & PERSONAL EQUIP 100-440-42006 - 1,000 167 CONTRACTUAL SERVICES 100-440-43031 - 291,700 168 MEM'SHIPS, DUES, SUBSCR, PUBLI 100-440-43110 - 1,600 169 ADVERTISING & LEGAL NOTICES 100-440-43130 - 1,000 170 REGULAR SALARIES 100-442-40000 - 20,200 171 COMPREHENSIVE LEAVE 100-442-40130 - 15,000 172 HEALTH INS PREMIUMS 100-442-41002 - 8,600 173 PERS (RETIREMENT) 100-442-41020 - 3,100 174 MISC SUPPLIES 100-442-42003 - 1,100
175 ADVERTISING & LEGAL NOTICES 100-442-43130 - 3,000 176 TRAINING, ED, CONF & MTGS 100-442-43150 - 4,100 177 COMPREHENSIVE LEAVE 100-444-40130 - 1,400 178 HEALTH INS PREMIUMS 100-444-41002 - 2,100 179 PERS (RETIREMENT) 100-444-41020 - 1,100 180 TRAINING, ED, CONF & MTGS 100-444-43150 - 3,100 181 CONTRACTUAL SERVICES 100-452-43031 - 257,400 182 REGULAR SALARIES 100-460-40000 - 4,800 183 TEMPORARY WAGES 100-460-40111 - 6,300 184 OVERTIME WAGES 100-460-40113 - 3,400 185 COMPREHENSIVE LEAVE 100-460-40130 - 29,500 186 PERS (RETIREMENT) 100-460-41020 - 11,400 187 UNIFORMS & PERSONAL EQUIP 100-460-42006 - 1,600 188 CONTRACTUAL SERVICES 100-460-43031 - 43,300
WHITMORE POOL & REC AREA
PARKS, BLDGS & TRAILS MAINT
PLANNING DIVISION
BUILDING DIVISION
CODE COMPLIANCE
SNOW REMOVAL
ENG, PUBLIC WORKS & ADMIN
CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund-Dept-Account Activity Increase Decrease Increase Decrease 189 TRAINING, ED, CONF & MTGS 100-460-43150 - 1,900 190 REGULAR SALARIES 100-464-40000 - 20,000 191 TEMPORARY WAGES 100-464-40111 - 13,800
192 HEALTH INS PREMIUMS 100-464-41002 - 3,800 193 PERS (RETIREMENT) 100-464-41020 - 1,400 194 MISC SUPPLIES 100-464-42003 - 1,700 195 MAINTENANCE SUPPLIES 100-464-42007 - 3,100 196 CONTRACTUAL SERVICES 100-464-43031 - 2,600 197 PUBLIC UTILITIES 100-464-43404 - 30,800 198 TAXES & FEES 100-464-43420 - 15,600 199 CHARGES FOR SERVICES 210-000-31602 - 44,700 200 STATE GAS TAX 2103 210-000-35404 - 18,300 201 STATE GAS TAX 2105 210-000-35406 - 9,000 202 STATE GAS TAX 2106 210-000-35408 - 4,000 203 STATE GAS TAX 2107 210-000-35410 - 2,000 204 STATE GAS TAX 2107 SNOW 210-000-35412 - 254,000 205 STATE GAS TAX RMRA (SB‐1) 210-000-35416 - 40,000 206 INTEREST ON INVESTMENTS 210-000-37002 - 90,000 207 OVERTIME WAGES 210-452-40113 - 163,000 208 SPECIAL OPERATIONAL 210-452-42030 - 25,000 209 CONTRACTUAL SERVICES 210-452-43031 - 570,000 210 PUBLIC UTILITIES 210-452-43404 - 37,000 211 GASOLINE & DIESEL 210-454-42016 - 204,250 212 VEHICLE MAINTENANCE PARTS 210-454-42017 - 50,000 213 GARAGE VEHICLE SERVICE 210-454-43060 - 20,000 214 GASOLINE & DIESEL 210-455-42016 - 111,100 215 VEHICLE MAINTENANCE PARTS 210-455-42017 - 57,000 216 GARAGE VEHICLE SERVICE 210-455-43060 - 144,665 217 PUBLIC UTILITIES 210-456-43404 - 36,000 218 FACILITY RENTAL 220-000-31610 - 24,500 219 CAR RENTAL FEE 220-000-31806 - 41,500 220 FUEL FLOWAGE FEE 220-000-31840 - 4,250 221 NON‐AVIATION FUEL 220-000-31842 - 8,100 222 INTEREST ON INVESTMENTS 220-000-37002 - 22,500 223 REFUNDS AND REBATES 220-000-37100 - 1,900 224 OTHER REVENUE 220-000-37300 - 3,400 225 REGULAR SALARIES 220-471-40000 - 50,500 226 OVERTIME WAGES 220-471-40113 - 27,475 227 HEALTH INS PREMIUMS 220-471-41002 - 18,000 228 MAINTENANCE SUPPLIES 220-471-42007 - 10,000 229 GASOLINE & DIESEL 220-471-42016 - 25,000 230 VEHICLE MAINTENANCE PARTS 220-471-42017 - 16,250 231 GARAGE VEHICLE SERVICE 220-471-43060 - 36,000 232 TRAINING, ED, CONF & MTGS 220-471-43150 - 10,250 233 PUBLIC UTILITIES 220-471-43404 - 31,000 234 MACHINERY & EQUIP ‐ NON CAP 220-471-46200 14,300 AIRPORT CAPITAL PROJECTS ‐ OTHER
235 CONTRACTUAL SERVICES 220-531-43031 - 58,750 Totals $ 11,720,975 $ 646,600 $ 4,732,325 $ 1,309,765 Net Change
Political Commitments (Not Captured Above)
Reason for Transfer:
4th Quarter Budget Review
Reason Budget Available:
FACILITIES MAINTENANCE
AIRPORT ADMIN & OPS
$ 11,074,375 3,422,560 GAS TAX ‐ REVENUE
GAS TAX ‐ SNOW REMOVAL
GAS TAX ‐ SUMMER EQUIP GARAGE
GAS TAX ‐ WINTER EQUIP GARAGE
GAS TAX ‐ GARAGE OPERATIONS
AIRPORT ‐ REVENUE
CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund-Dept-Account Activity Increase Decrease Increase Decrease Funding Source
Various Fund Adjustments
Department Head Signature:
Town Manager or Administrative Services/Finance Director Signature:
Town Council Approval Date (if required) : Date, Item # - Reviewed By:
Journal #: ___________________
Keyed By: __________________________________________
Date of Request: 8/2/2023 Requested By: Rob Patterson
Department: Finance
Department: Finance
CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund-Dept-Account Activity Increase Decrease Increase Decrease 1 Town Facility Damage 990-000-39999 - 1,627,250
2 Future Capital 990-000-39999 - 1,000,000
3 Town Funds to match TBID Project 990-000-39999 - 500,000 4 Mammoth Creek Park 300-000-39999 - 500,000
5 Traffic Light replacement 300-000-39999 - 475,000 6 Housing NOW! Initiative 245-000-39999 - 400,000 7 Public Restrooms at Park & Ride Lot 300-000-39999 - 250,000 8 Town Offices ‐ Design 300-000-39999 - 300,000 9 Airport Equipment 220-000-39999 - 50,000
10 Fleet Shelving Project 910-000-39999 - 35,000 11 General Fund Transfer Out 100-599-49999 - 5,137,250 12 TOT Employee Bonus Multiple Wage accounts - 274,900 13 One time ‐ Employee bonus Multiple Wage accounts - 194,000 14 Housing NOW! Initiative 245-000-39999 - 600,000 15 Air Service Subsidy 220-000-39999 - 300,000 16 Public Restrooms at Park & Ride Lot 300-000-39999 - 250,000 17 Spartan Race Funding 100-480-43031 - 200,000 18 Sidewalk Improvements ‐ Canyon Blvd 300-000-39999 - 200,000 19 Tourism Reserve Transfer Out 100-480-49999 - 1,550,000 20 Housing NOW! Initiative 245-000-39999 500,000 21 Housing Reserve Transfer Out 100-445-49999 500,000 22 Bus Shelter ‐ Canyon Blvd 300-000-39999 400,000 23 Transit Reserve Transfer Out 100-475-49999 400,000 24 25
26 27
28 29
30 31
Totals $ ‐ 7,587,250 $ $ ‐ 8,056,150 Net Change
Political Commitments (Not Captured Above)
Unallocated Tourism Reserve (4th Qtr.) $ 149,200.00 Unallocated Housing Reserve (4th Qtr.) $ 114,600.00 Unallocated Transit Reserve (4th Qtr.) $ 214,600.00 Reason for Transfer:
4th Quarter Budget Review
Reason Budget Available:
Funding Source
Various Fund Adjustments
Department Head Signature:
Town Manager or Administrative Services/Finance Director Signature:
Town Council Approval Date (if required) : Date, Item # - Reviewed By: Finance Manager
Journal #: ___________________
Keyed By: __________________________________________
FY 22/23 - 4th QTR BUDGET AMENDMENT
$ 7,587,250 8,056,150
BUDGET TRANSFER
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Determination that emergency work authorized by Resolutions 23-29 and 23-54 continues to be necessary for public welfare and safety.
Council Meeting Date: 8/2/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Council determines and finds that the emergency work authorized by Resolutions 23-29 and 23-54 continues to be necessary for public welfare and safety.
Summary:
Town facilities and infrastructure impacted by the extreme winter weather are still in a state of disrepair impacting the welfare and safety of the community. Damage to sidewalks, drainages, fencing, signage, and facilities is substantial. Staff has found additional damage to curbs and gutters, drain inlets, signage, fencing, facilities, ADA detectable surfaces, and sidewalks and repairs are necessary for public welfare and safety. On May 17, 2023, the Council adopted Resolution 23-29 authorizing the emergency repair of these damages and the procurement of the necessary equipment, services, and supplies for the repair, without a competitive bidding process.
On July 12, 2023, the Council adopted Resolution 23-54 authorizing the emergency repair of these damages and the procurement of the necessary equipment, services, and supplies for the repair, without a competitive bidding process due to damages at the Mammoth Yosemite Airport. The need for the work authorized by these two resolutions continues to be necessary to provide for public welfare and safety. A copy of the resolutions is attached for Council information.
RESOLUTION 23- 29
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" ifthe 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 ofthe 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 ofthe 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- 29
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' h
day of T
ATTEST:
J lE GRAY, Town Jerk
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- 29 adopted by the Town Council of the Town of Mammoth Lakes, California, at a meeting thereof held on the 17th day of May 2023, by the following vote:
AYES: Councilmembers Bubser, Rea, Rice, Mayor Pro Tern Sauser, and Mayor Wentworth
NOES: None
ABSENT: None
ABSTAIN: None
DISQUALIFICATION: None
JANO GRAY,- Town Cleril
RESOLUTION 23- 54
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 DAMAGED BY EXTREME WEATHER
INCLUDING FENCING AND RELATED ITEMS AT THE MAMMOTH YOSEMITE AIRPORT
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 expenditures 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 resolution ofthe Town Council on March 31, 2023; and
WHEREAS, the extreme weather conditions, response and snow accumulations have caused significant damage to the Town infrastructure including damage to the fence surrounding the Mammoth Yosemite Airport (Airport); and
WHEREAS, the Town Council finds that as a result ofthe weather -caused damage to Town 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
WHEREAS, the Town Council finds that based on substantial evidence, including without limitation the staff report presented to the Town Council on July 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 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:
Resolution No. 23- 54
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 to contract for repairs to Town infrastructure damaged by the winter of 2022- 2023 at the Airport, to take any directly 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 Manager and Finance Director are authorized to amend the FY23- 24 Budget in the amount of two hundred and fifteen thousand dollars ($215, 000) plus up to a 20% contingency amount to fund the emergency work utilizing resources in Fund 990.
Section S. The Town Clerk shall certifv as to the adoption of this resolution.
APPROVD AND ADOPTED this 12'' day of July 2023.
ATTEST:
c
MIE GRAY, Town Cl rk
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- 54 adopted by the Town Council of the Town of Mammoth Lakes, California, at a meeting thereof held on the 12t" day of July 2023, by the following vote:
AYES: Councilmembers Bubser, Rea, Rice, Mayor Pro Tern Sauser, and Mayor Wentworth
NOES: None
ABSENT: None
ABSTAIN: None
DISQUALIFICATION: None
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve Town Participation in the Eastern Sierra Sustainable Recreation Partnership (ESSRP) Memorandum of Understanding (MOU) and authorize the Town Manager to sign the MOU.
Council Meeting Date: 8/2/2023
Prepared by: Daniel C. Holler, Town of Mammoth Lakes
Recommended Motion: Approve Town Participation in the Eastern Sierra Sustainable Recreation Partnership (ESSRP) Memorandum of Understanding (MOU) and authorize the Town Manager to sign the MOU.
Summary:
The proposed memorandum of understanding (MOU) provides a collaborative forum for the participants of the Eastern Sierra Sustainable Recreation Partnership (ESSRP) to share information and to collaborate across jurisdictions on sustainable outdoor recreation issues and opportunities of interest to the Eastern Sierra Region. The ESSRP has been meeting monthly since 2018, convened and facilitated by the Mammoth Lakes Trails and Public Access Foundation (MLTPA), and the ESSRP. A copy of the MOU is attached.
The rationale for the MOU is to expand ESSRP membership, allowing for the inclusion of additional agencies, tribes, and organizations as compared to the initial ESSRP agreement, the 2018 USFS Non-Funded Challenge Cost Share Agreement between Mono County, the Town of Mammoth Lakes, Inyo National Forest, and Humboldt-Toiyabe National Forest, which will expire shortly. The Town of Mammoth Lakes was one of the original signatories to the USFS NonFunded Challenge Cost Share Agreement and has played an important role in maintaining the ongoing viability and relevance of the ESSRP. Participation in the MOU does not require any financial commitment from the Town. The ESSRP is not a policy body and does not have the authority to require agency commitments, other than a commitment to participate in regular meetings as time allows. The Town Manager has been the primary representative, with recent participation form the Office of Outdoor Recreation Manager. Staff is not recommending any formal appointment of Council Member(s) as the structure of the ESSRP was designed to not be a formal public body.
The Eastern Sierra Council of Governments (ESCOG) recently signed onto the MOU on June 15, 2023, and in the fall of 2022, ESSRP participants from six units of the National Park Service expressed their willingness to sign on as well. The ESSRP MOU has been informed by comments from the National Park Service, Alpine County, BLM, ESCOG, and others.
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.