Mammoth Lakes City Council
August 16, 2023

Town Council Agenda

Wednesday, August 16, 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 2022 Year in Review.

5.2 August CIP Update.

5.3 Mammoth Main Base Redevelopment Project Update (Mammoth Mountain Main Lodge Area).

6. PUBLIC PRESENTATIONS

6.1 Town of Mammoth Lakes PM10 Planning Area Second 10-Year Maintenance Plan.

7. STAFF PRESENTATIONS

7.1 Quarterly Presentation by Airport Core Management Team – Summer 2023.

8. CONSENT AGENDA

8.1 Approve the minutes of the special meeting of July 27, 2023.

8.2 Approve the minutes of the regular meeting of August 2, 2023.

8.3 Approve the Resolution authorizing the temporary closure of Town roads for special events.

8.4 Adopt the resolution authorizing the subrecipient agreement with Mammoth Lakes Housing, Inc. to administer the Town of Mammoth Lakes 2022 CDBG Homebuyer Assistance Program.

8.5 Adopt the resolution rejecting the bid received for the ARFF/Snow Removal Equipment Building Site Work at Mammoth Yosemite Airport.

8.6 Approve Side Letter No. 01-2023 between the Town of Mammoth Lakes and the Mammoth Lakes Police Supervisory Association amending the current Memorandum of Understanding and authorize the Town Manager to sign.

8.7 Approve Side Letter No. 02-2023 Amending the Memorandum of Understanding between the Town and the Mammoth Lakes Police Officer Association regarding the Canine Program.

8.8 Waive the reading and adopt by title only the Ordinance authorizing the levy of special taxes in Community Facilities District No. 2013-3 (Transit Services), including certain annexation territories.

8.9 Accept Check Register 7/27/23 in the amount of $85,296.65. Accept Check Register 8/9/23 in the amount of $334,295.48.

9. POLICY MATTERS

9.1 Approve agreement with Peckham & McKenney to assist the Town Council in the recruitment and selection of a new Town Manager.

9.2 Determination that emergency work authorized by Resolutions 23-29 and 23-54 continues to be necessary for public welfare and safety.

9.3 Housing Solutions Workshop Follow-Up.

9.4 Consideration and Direction on Increase of Parking Citation Fees.

9.5 Update and Direction to proceed with Work Program for New Town Office Facility.

9.6 Approval of local agency collaboration agreement for implementation of the California Radio Interoperable System (CRIS) Trunked Radio Service in Mono County.

9.7 TOT Enforcement Update – Quarter 3 & 4 of Fiscal Year 22-23.

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 Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One case)

12. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION

13. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, September 6, 2023 at 4:00 p.m.

Mammoth Creek Parcel: August 24th—September 29, 2023

Mammoth Lakes Town Council
Agenda Action Sheet
Title: 2022 Year in Review.

Council Meeting Date: 8/16/2023
Prepared by: Pam Kobylarz, Assistant to the Town Manager Daniel C. Holler, Town Manager
Recommended Motion: This is an informational item only.

Summary: Each year, the Town prepares a report summarizing its accomplishments from the previous year. Due to the snow emergency that took up significant staff time earlier this year, the preparation of the report for 2022 was delayed. The attached report includes highlights and major accomplishments from 2022 related to housing, recreation, capital infrastructure and municipal service.

2022
Town of
Mammoth Lakes
Year in Review
437 Old Mammoth Road, Suite 230 • Mammoth Lakes, CA 93546 TownofMammothLakes.ca.gov • TownofMammothLakes • (760) 965-3600 Page 8 of 296 Photo: Dakota Snider

INTRODUCTION CAPITAL INFRASTRUCTURE

PROJECTS
Public Works Department
Projects
Community Recreation Center
Progress

HOUSING

ACCOMPLISHMENTS
The Parcel Construction Update
Town Receives $74.9 Million
in Housing Grant Awards!
Pre-Engineered and Approved
Accessory Dwelling Units
Mammoth Lakes Housing, Inc.

Acquires Innsbruck Lodge for
Community Housing
Housing Now!

MUNICIPAL SERVICE

ACCOMPLISHMENTS
Town Council Approves Two
Public-Private Agreements with
Mammoth Lakes Foundation
Opening of New Solid
Waste Transfer Station
Mono County and Town of
Mammoth Lakes Launch
Ready Mono Emergency
Preparedness Portal
Police Programs

LEADERSHIP

CONTACT INFORMATION

RECREATION

ACCOMPLISHMENTS
Office of Outdoor Recreation
Shady Rest DiscGolfPark®
Ribbon Cutting Ceremony
Clean Air Grant Funds New Zero
Emission Zamboni Machine
LA Kings Announce Historic
New Ice Rink Partnership
TOWN OF MAMMOTH LAKES • 2022 YEAR IN REVIEW

REPORT CONTENTS
1 2
6 3
9 9
10 10
11 13
14 14
15 17
18 4
4 5

TOWN OF MAMMOTH LAKES 1 2022 YEAR IN REVIEW

INTRODUCTION
DANIEL C. HOLLER, TOWN MANAGER
2022 represented the first full year of recovery
from the COVID pandemic. The Town saw increased
levels of visitation, solid financial gains, and revitalization in local business. The Town refocused on corepriorities to address housing needs, capital
investment in infrastructure, and cooperative
initiatives to improve recreational amenities.

Housing continued to be a major priority for
the Town Council, with construction on Phase
One of The Parcel making significant progress in
2022. The Town partnered with Mammoth Lakes
Housing to acquire the Innsbruck Lodge, which will
be converted into 16 apartments. The Town also
developed pre-engineered and approved Accessory
Dwelling Unit (ADU) plans that are available to the
public free of charge for use in the Town and Mono
County. The Town’s Housing Now! initiative was
successful in the purchase and resale of six condos
at an affordable price under the Town’s “Bridge
Program.” Additional units were also purchased
to assist Town employees with interim housing.

The Town had another productive year on the
recreation front. The Town’s newest department, the
Office of Outdoor Recreation (OOR) was created
and includes three full-time positions along with
seasonal part-time positions (trail crew and hosts).

Trail maintenance and new trail development in
the Lakes Basin took place. The winter grooming
program for cross country skiing was also enhanced.

The OOR also worked to increase stewardship and
volunteer opportunities throughout the Mammoth
Lakes area, with programs and projects implemented
in partnership with Mammoth Lakes Recreation.

Work on the Community Recreation Center (CRC)
continued, with an expected completion date of fall
2023. The Town entered an historic partnership with
the National Hockey League team the LA Kings to
brand the Town’s new ice rink as “LA Kings Ice at
Mammoth Lakes,” which is part of the CRC. The CRC
will also operate as the “Mammoth Rec Zone.”
The Town’s Capital Improvement work was in full
force once again this year, with numerous Capital
projects being completed and ongoing. The Town
rehabilitated the ballfields at Whitmore Recreation
Area and completed road rehabilitation and
maintenance projects throughout town. Work
was done on the Town’s fuel tanks to ensure
clean and safe operations for years to come.

The Town continues to work to enhance municipal
services. The Police Department was able to
implement several new initiatives, including the
purchase of a drone to assist with response to calls
and was awarded several grants to support other
programs. In partnership with Mono County, the Town
launched its READY Mono Emergency Preparedness
Portal. The Town also worked closely with Mammoth
Disposal to ensure the new solid waste transfer
station was operational prior to the closure of the
Benton Crossing Landfill at the end of the year.

This report provides additional details on these and
other accomplishments. We are proud of all that
was accomplished in 2022 and look forward to
another productive and successful year in 2023.

TOWN OF MAMMOTH LAKES 2 2022 YEAR IN REVIEW

HOUSING

ACCOMPLISHMENTS
Construction at The Parcel resumed in full force in mid-2022 with construction of building foundations and the second floor posttensioned concrete podium, underslab building utilities, and installation of public utilities (water, sewer, storm drain) along the new Inyo St. and extension of Tavern Rd.

The project reached a major milestone at the end of 2022, with placement of approximately 100 prefabricated building modules onto the second floor podium of both buildings, topping out the buildings at their final four-story height. The buildings were further weatherproofed to allow ongoing interior construction of utilities and finishes throughout the winter months. Installation of structural steel framing for the single-story childcare center and community space at the south side of Building A is underway. Further site work, including installation of dry utilities, roads and sidewalks, will also continue in 2023.

Phase Two of The Parcel, aka “The Sawyer” includes 81 apartment units within two buildings, at several affordability levels and with a variety of unit sizes between studio and three bedroom, as well as a community space, childcare facility, and a public park. Units are expected to be available for occupancy toward the end of 2023. #theparcelnews

THE PARCEL CONSTRUCTION UPDATE

TOWN OF MAMMOTH LAKES 3 2022 YEAR IN REVIEW
TOWN RECEIVES $74.9 MILLION
IN HOUSING GRANT AWARDS!
Pacific West Communities, Inc. was awarded
$38,656,617 for Phase One of The Parcel affordable
housing project as a part of the California Housing
Accelerator grant program. The California Housing
Accelerator program is a $1.75 billion investment
to provide bridge funding to shovel-ready projects
that were otherwise unable to begin construction
because of a shortage of funding. In addition to
the Housing Accelerator award, The Parcel project
has been awarded an additional $25.2 million from
various grant programs to facilitate the construction
of the infrastructure and Phase One of the project.

Separate from The Parcel, $10.9 million was awarded
for two partnership projects with Mammoth Lakes
Housing, Inc. (MLH). These include the Innsbruck
Lodge project and the Access Apartments project,
an adaptive reuse project that aims to provide 11
affordable apartments.

THE PARCEL
• $38.6 million – Housing Accelerator
• $20.6 million – Infill Infrastructure Grant
• $22.3 million – Behavioral Health Grant
• $1.8 million – SB1 Road Grant
• $225,000 – Planning Grants
• $290,000 – CARES Grant

ACCESS APARTMENTS
• $3 million – CDBG (TOML)
• $3.4 million – HOME (MLH)

HOMEKEY PROJECT
• $4.7 million

TOWN OF MAMMOTH LAKES 4 2022 YEAR IN REVIEW

PRE-ENGINEERED AND APPROVED

ACCESSORY DWELLING UNITS
The Town, working with Mono County, has preengineered and approved Accessory Dwelling Unit (ADUs) plans for the public to utilize free of charge.

The intent of the approved ADU designs is to make
housing more affordable by greatly reducing the
cost of design work for building plans. The designs
are pre-engineered to conform to both structural
and non-structural building code requirements, in
addition to Energy Code compliance documents.

There are a total of five designs that range from 440
square feet to 1,000 square feet and are comprised
of two two-bedroom units, two one-bedroom units,
and one studio unit. The plans are now available to
the public for free and are located on the Town’s
Building Division’s website.

On August 4, 2022, Mammoth Lakes Housing, Inc. (MLH)
closed escrow on the Innsbruck Lodge with the intent to convert the boutique hotel into 16 affordable apartments that will target those who are homeless or at-risk of becoming homeless. Tenant occupancy will occur before the end of 2023.

This acquisition is the result of a joint grant awarded to the Town of Mammoth Lakes and MLH for $4.56 million through the Project Homekey program. The Mono County Board of
Supervisors also made a financial commitment of $550,000 and the Town has committed $1.4 million to the project.

MAMMOTH LAKES HOUSING, INC. ACQUIRES

INNSBRUCK LODGE FOR COMMUNITY HOUSING
Rural Mountain #1
High Desert #3
Rural Mountain #4
High Desert #5

TOWN OF MAMMOTH LAKES 5 2022 YEAR IN REVIEW
HOUSING NOW!
The Town’s Housing Now! initiative is focused on
programs expanding the availability of affordable
workforce housing in the community. The program
includes purchasing existing housing units and
selling them to local qualified residents at affordable prices, expanding options for affordable rental units,
continued support for The Parcel development, and
securing property for near term new affordable
housing projects. The program began in 2021 and
continues to grow and provide creative housing
solutions to our community.

BRIDGE PROGRAM
The Town, together with Mammoth Lakes Housing,
Inc. (MLH), launched the Bridge Program in late2021 with the goal of increasing the number of affordable deed-restricted ownership units in the
community through the acquisition of market
rate units that are then resold to individuals at a
subsidized rate with a deed restriction in place to
ensure they remain in the affordable housing stock
for the Town. Since the program was launched, six
units have been acquired, of which five have been
resold to eligible households. Proceeds from the
sale of these units are placed back into the program
to facilitate the acquisition, and future subsidized
sale, of additional units. The goal of the program is
to add 12 additional deed-restricted units to the
inventory of deed-restricted units within the Town.

SMALL-SITE DEVELOPMENT
The Town acquired the vacant 0.2-acre site at 60
Joaquin Rd. in the Sierra Valley Sites in summer
of 2021 with the goal of developing four for-sale
units that will be available to households earning
up to 150% of the area median income (AMI). Since
acquisition of the site, the Town has gone through
a procurement process to bring on a design-build
entity and is working with that entity on the design
and project entitlements. The project will be reviewed
by the Town’s Planning and Economic Development
Commission in 2023 and construction is tentatively
scheduled to begin in 2023 with a target occupancy
date in 2024.

Utilizing this concept, the Town continues to look for
additional infill sites that would allow for additional units to be built, pending the availability of funding.

A 0.0
COVER
1 CONCEPT RENDERING / MATERIALS
NA

THESE PLANS ARE CONSIDERED PRELIMINARY AND NOT FOR

CONSTRUCTION UNLESS THEY BEAR THE ARCHITECT'S SEAL
AND WET SIGNATURE. TLD EXPRESSLY RESERVES COMMON

LAW COPYRIGHT AND OTHER PROPRIETARY RIGHTS TO ALL
DESIGNS & INFORMATION IN THESE PLANS. THESE PLANS ARE

NOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORM

OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED

TO ANY THIRD PARTY, WITHOUT FIRST OBTAINING THE
EXPRESS WRITTEN PERMISSION OF tobylongdesign
scale
sheet
C T O B Y L O N G D E S I G N 2 0 2 2

APPROVAL STAMP

THESE PLANS ARE CONSIDERED PRELIMINARY AND NOT FOR

CONSTRUCTION UNLESS THEY BEAR THE ARCHITECT'S SEAL
AND DIGITAL SIGNATURE. TLD EXPRESSLY RESERVES COMMON

LAW COPYRIGHT AND OTHER PROPRIETARY RIGHTS TO ALL
DESIGNS & INFORMATION IN THESE PLANS. THESE PLANS ARE

NOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORM

OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED

TO ANY THIRD PARTY, WITHOUT FIRST OBTAINING THEEXPRESS
WRITTEN PERMISSION OF tobylongdesign

MODULAR FABRICATOR

ARCHITECT

ISSUE DAT
6114 LASALLE AVENUE #552 OAKLAND CA 94611 TOBY LONG, AIA - 415.905.9030 - [email protected] 23 RFP SUBMITTAL v1 0318

TOWN OF MAMMOTH LAKES
SPONSORED 60 JOAQUIN RD

AFFORDABLE HOUSING

PROJECT
a prefab construction project in mammoth lakes, ca

M A M M O T H L A K E S A F F O R D A B L E H O U SIN G R F P 6 0 J O A Q U I N R O A D M A M M O T H L A K E S C A

COVER & MATERIALS

RENDERINGS

MASSING DIAGRAMS

MODULAR DIAGRAMS
SURVEY

SITE PLAN
LEVEL 1 PLAN
LEVEL 2 PLAN
LEVEL 3 PLAN

ROOF PLAN

BUILDING SECTIONS

EXTERIOR ELEVATIONS

EXTERIOR ELEVATIONS
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A-4.1

TABLE OF CONTENTS
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ALL EXTERIOR FINISHES WUI-COMPLIANT

FIBERGLASS

WINDOWS & DOORS
WOO
SIM

FIBERGLASS WINDOWS

MARVIN INTEGRITY

NATURAL STONE
VENEER

STAINED CEDAR

WOOD SIDING

PAINTED METAL TRIM

AND FASCIA

STAINED CEDAR

WOOD EAVES

HOT ROLLED

STEEL PANELS (TBD)

RECLAIMED CONCRETE

FOUNDATION

JAMES HARDIE
4'x8' STUCCO PANELS

WOOD ENTRY DO

SIMPSON DOOR

FIBERGLASS WINDOWS

MARVIN INTEGRITY

NATURAL STONE
VENEER

STAINED CEDAR

WOOD SIDING

PAINTED METAL TRIM

AND FASCIA

STAINED CEDAR

WOOD EAVES

HOT ROLLED

STEEL PANELS (TBD)

JAMES HARDIE RECLAIMED

LAP SIDING

METAL RAILING

W/ WOOD CAP

CLASS 'A' BITUMEN

ROOFING

FIBERGLASS WINDOWS

MARVIN INTEGRITY

NATURAL STONE
VENEER

STAINED CEDAR

WOOD SIDING

PAINTED METAL TRIM

AND FASCIA

FIBER CEMENT RECLAIMED

WOOD SOFFITS
60 Joaquin

TOWN OF MAMMOTH LAKES 6 2022 YEAR IN REVIEW

RECREATION

ACCOMPLISHMENTS

OFFICE OF OUTDOOR RECREATION
The Office of Outdoor Recreation (OOR) was created in 2022, to help assist the Town in accomplishing a number of its goals related to outdoor recreation and interfacing with public lands. The newly formed OOR is tasked with providing accessible, sustainable, and highquality recreational opportunities for community members and visitors with a specific focus on the interface of Town and adjacent public lands. The OOR leverages voter approved Measure R and U funding to maintain and enhance trails and other recreational infrastructure while implementing the necessary stewardship mechanisms to ensure enjoyment by future generations. The OOR has a permanent staff of three along with seasonal trail maintenance and trail host staff. The OOR is responsible for project management, stewardship programs, long range planning, trail maintenance and construction, winter grooming, and coordination and support with our Inyo National Forest Partners.

TOWN OF MAMMOTH LAKES 7 2022 YEAR IN REVIEW

SHERWINS TRAILS

PLANNING AND TRAILHEAD

IMPLEMENTATION

SIERRA NEVADA

CONSERVANCY GRANT
In partnership with Mammoth
Lakes Recreation (MLR), a
Sierra Nevada Conservancy
grant totaling $1,464,010
was received to develop a
formal Sherwins Trailhead and
to perform environmental
analysis on approximately
20 miles of multi-use single
track trails at the base of the
Sherwins. OOR staff continue
to work with Inyo National
Forest specialists to move the
environmental analysis forward
and have hired archaeological
consultants to perform heritage
survey work in the field.

WINTER GROOMING
Office of Outdoor Recreation staff
provide winter grooming services
in both the Shady Rest area and
at the base of the Sherwins. In
total, OOR staff groom 3.4 miles
of trail in the Shady Rest area and
another 1.8 miles in the Sherwins.

A proposal was submitted to the
Inyo National Forest to expand
the grooming program to further
increase the opportunities for
residents and visitors. This request
will go through the Over Snow
Vehicle (OSV) Subpart C process
which will determine the future
of how motorized recreation will
be managed on Inyo National
Forest lands. The Town will serve
as a cooperating agency in this
Subpart C effort and continue to
engage in this important process.

LAKES BASIN TRAIL

DEVELOPMENT AND

CONSTRUCTION
During summer 2022, the
ORR completed design and
development of three new
multi-use single track trails in
the Mammoth Lakes Basin with
a fourth in the final stages of
construction. Completed trails
encompass 1.6 miles with another

0.9 miles nearing completion.

These trails feature a sustainable
design which will limit maintenance
and environmental impact and
provide further opportunities for
residents and visitors to enjoy
Mammoth’s beautiful backyard.

A ribbon cutting for the three
completed trails was performed in
October 2022.

TOWN OF MAMMOTH LAKES 8 2022 YEAR IN REVIEW

HOST PROGRAM AND STEWARDSHIP
The Town and the Office of Outdoor Recreation
continue to place a priority on ensuring the
sustainability and longevity of our natural
environment for future generations through a
variety of stewardship programs. The summer Trail
Host program continues to provide information,
collect data, and help residents and visitors have fun
safely. Summer 2022 reporting included 14,900
interactions with the public, over 2,000 pounds
of trash collected, and over 600 pounds of dog
waste removed from trails and recreation facilities.

Trails Days began on June 4, 2022, in celebration
of ‘National Trails Days’ and weekly volunteer
opportunities were available through September,
which allowed the public to volunteer for Trail Crew,
Trail Host, and the new Water Host positions. Trail
Days data included 311 Trail Crew and Lakes Basin
Cleanup volunteer hours, 30 Trail Host volunteer
hours, 15 Water Host volunteer hours, 1.5 miles
of new trail construction in the Lakes Basin, Trail
maintenance on Mountain View Trail, and 375 pounds
of trash removed. Other Town cleanup programs
include town cleanup day in May and weekly “Trashy
Thursday” events from June – August. Trashy
Thursdays reported 177.5 volunteer hours, 1,576
pounds of trash and 15.5 pounds of dog waste
removed. The Eastern Sierra Adopt a Trail program
grew over the 2022 summer hosting a total of 23
volunteer adopters and 19 sponsors. This program is
a partnership between Mammoth Lakes Recreation,
Mono County and the USFS.

TOWN OF MAMMOTH LAKES 9 2022 YEAR IN REVIEW
We finally got to celebrate the opening of the Shady
Rest DiscGolfPark on May 24, 2022. Thank you to
the Town Council, Parks and Recreation Commission,
Mammoth Lakes Recreation (Measure R funded
special project), the Mammoth Ranger District
Funded from the Clean Air Projects Program, in February 2022 the Town took possession of a new lithium-ion Zamboni 552AC ice resurfacing machine for operation at the new Community Recreation Center. The Zamboni 552AC machine will deliver clean ice and clean air – critical for operating indoors at LA Kings Ice at Mammoth Lakes. The new emission-free ice-resurfacer replaces the existing propane-driven 27-year-old Olympia, well past its useful life. The Town also purchased a new electric Zamboni EZIII Edger, replacing the outdated, gasdriven 1999 unit. The new Zamboni machine was used at the existing Mammoth Ice Rink for the remainder of the 2023-23 winter season.

CLEAN AIR GRANT FUNDS NEW ZERO EMISSION ZAMBONI

MACHINE FOR COMMUNITY RECREATION CENTER
of the Inyo National Forest, and the Mammoth
Lakes Disc Golf Club for championing the project
and working side-by-side with Town staff to install
this professionally designed, PDGA sanctioned
18-hole disc golf course at Shady Rest Park.

SHADY REST DISCGOLFPARK® RIBBON CUTTING CEREMONY

TOWN OF MAMMOTH LAKES 10 2022 YEAR IN REVIEW

LA KINGS ANNOUNCE

HISTORIC NEW

ICE RINK PARTNERSHIP
The Town of Mammoth Lakes,
Mammoth Lakes Tourism (MLT),
and Mammoth Lakes Recreation
(MLR) have launched an
historic new, community-driven
partnership with National Hockey
League (NHL) franchise, the LA
Kings. As part of the expansive,
multiyear partnership, brokered
by AEG Global Partnerships,
the partners have teamed up to
launch LA Kings Ice at Mammoth
Lakes – the Town’s first indoor
Olympic-sized ice rink. The
forthcoming LA Kings Ice at
Mammoth Lakes will operate
within a newly constructed,
multi-use Community Recreation
Center (CRC) that is set to
open to the public in 2023.

For more than 20 years,
Mammoth Lakes has been actively
searching for a permanent home
for an indoor ice rink and multiuse facility – one that would enhance the quality of life for
residents and visitors with yearround access to high-quality and innovative indoor recreational
program offerings and activities.

This transformational partnership
will bring the Town’s longawaited vision to life and is a demonstration of the partners’
mutual support and commitment
to the health and well-being
of the community as well as
the growth of hockey and
ice sports in the region.

Broad community input from
local residents and industry
experts alike helped inform and
build the programming playbook
for LA Kings Ice at Mammoth
Lakes. Based on this feedback,
daily drop-in or frequently
programmed on-ice activities
at the facility will include public
skating, youth and adult hockey,
figure skating, and learn to skate
lessons as well as the expanding
curling program. The rink will also
serve as the home of Mammoth
Lakes Youth Hockey and the
Mammoth Stars. Mammoth Lakes
Youth Hockey is an all-volunteer
and USA Hockey-sanctioned
program providing in-house and
travel hockey for the youth of the
greater Eastern Sierra region.
“We could not be prouder
to be working in partnership
with Mammoth Lakes Tourism,
Mammoth Lakes Recreation
and the Town of Mammoth
Lakes to bring LA Kings Ice
to Mammoth Lakes.”
“We know this project will have a
lasting and positive effect on the
Mammoth Lakes community and
we are delighted to help elevate
the quality and experience of
ice sports for its residents and
visitors, many of whom are also
avid hockey fans and players.”
Luc Robitaille
LA Kings President
& Hall of Famer

TOWN OF MAMMOTH LAKES 11 2022 YEAR IN REVIEW

CAPITAL INFRASTRUCTURE

ACCOMPLISHMENTS

PUBLIC WORKS DEPARTMENT PROJECTS
It has been another busy year on the Capital Improvement front. Our teams have been busy overseeing numerous short-term and ongoing projects. Some highlights include:

WHITMORE BALLFIELD REHABILITATION
The contractor began work on the Ballfields
Rehabilitation project on August 18. New sod was
installed to change the infield size to meet Little
League and High School softball regulation field
dimensions. The contractor placed 300 yards of
decomposed granite to raise the infield and provide
a buffer between the existing, degraded infield mix
and the new infield mix. The installation of the new
home run fence was completed in the spring of 2023.

ROAD AND MUP REHAB (CONTINUED FROM 2021)
The contractor returned to town on July 5 to finish
the remainder of their contract work, including the
installation of detectable warning pavers and bollards
on multi-use paths, and the reconstruction and
repaving of Mountain Blvd. and sections of Majestic
Pines Dr. and Monterey Pine Rd. This work was
performed in conjunction with AmeriGas’s installation
of new lateral lines along Majestic Pines Dr. and
Monterey Pine Rd. The work was completed on
September 2.

TOWN OF MAMMOTH LAKES 12 2022 YEAR IN REVIEW

COMMUNITY RECREATION CENTER PROGRESS
The sprung structure arrived at the end of April and
install began in May, along with underground utilities. The structure is up, insulation installed, and mostly closed up.

Interior framing, gas, water, electrical, and HVAC were being installed inside the building. Exterior paving was installed around the north and south sides, along with the parking lot and bus shelter. Opening is expected to occur in 2023.

BLUFFS SLURRY SEAL PROJECT
The contractor completed the slurry seal resurfacing of the Bluffs roads on August 2. The slurry seal, which is an asphalt emulsion with fine aggregate, put a new finish on Fir St., Le Verne St., Benz Way, and Pine St. to help prolong the life of these roads by many years. After the slurry seal was placed, the contractor returned to paint, stripe, and clean the project area.

FUEL ISLAND AT PUBLIC WORKS YARD
In mid-October, the contractor was
on site to inspect and clean the Town’s
underground tanks. This process included
pumping out any contaminants built
up in the tanks, interior sandblasting,
and documenting tank conditions with
photographs and ultrasounds. The tanks
were found to be in good condition so
a tank liner was installed. Separately,
consultants are working on a design and
bid package for a new slab with waterproof
manholes. The existing slab will be removed
and replaced. This work will be done in the
summer of 2023. This remediation work will
provide a minimum of 10 years of additional
useful life from the existing fuel island.
#crcupdates

TOWN OF MAMMOTH LAKES 13 2022 YEAR IN REVIEW

MUNICIPAL SERVICE

ACCOMPLISHMENTS

TOWN COUNCIL APPROVES TWO

PUBLIC-PRIVATE AGREEMENTS WITH

MAMMOTH LAKES FOUNDATION
Creative planning work between the Town and Mammoth
Lakes Foundation (MLF) resulted in joint efforts to expand community services and programs. The Town agreed to
lease the Edison Hall in working with MLF to achieve the reopening of the Edison Theatre. MLF plans to remodel Edison Hall were initiated with a design that will support the future construction of a new 250 seat performing arts auditorium connected to a remodeled Edison Hall. The Town is providing operating support for the existing Edison Theatre and support for the proposed facility. Joint land use planning efforts to meet additional community needs resulted in plans for a 6,000+/- square foot childcare center designed on the MLF property. The center will be constructed by the Town. Space was also set aside for an outdoor amphitheater, a temporary dog park and expanded parking. The projects are being
phased with work planned to start summer 2023. Longerterm plans include a small housing development in place of the dog park. These projects demonstrate what we can accomplish for the community when we leverage resources, engage partners to meet common goals, address expressed community needs and expand services and programs.

Photo: Angela Plaisted

TOWN OF MAMMOTH LAKES 14 2022 YEAR IN REVIEW

MONO COUNTY AND TOWN

OF MAMMOTH LAKES LAUNCH

READY MONO EMERGENCY

PREPAREDNESS PORTAL

OPENING OF NEW SOLID WASTE TRANSFER STATION
Benton Crossing Landfill, operated by Mono County, closed permanently on December 31, 2022. In preparation for this closure, the Town worked closely with Mammoth Disposal to ensure that the new solid waste transfer station would be open and operational prior to the closure. The transfer station is able to accept many items previously taken to Benton Crossing. It also includes a new Material Recovery Facility (MRF) and buy back center with installation of a new sort line to make recycling operations more effective and efficient. The new buy back center will be operational in 2023.

All solid waste is hauled to Russel Pass Landfill in Fallon, NV.

READY Mono (READY.Mono.ca.gov)
is designed to provide residents and
visitors with emergency readiness,
response, and recovery resources,
and share real-time information and
critical updates before, during, and after
an emergency or natural disaster.

Sign Up for Emergency Alerts: Mono County
utilizes a cloud-based, public alerting and residential safety tool that allows government agencies to send
geo-targeted urgent alerts to subscribers.

Find Your Zone: Zonehaven is an interactive app-based
software system that provides real-time updates on
local emergencies to communicate with targeted
communities as it relates to evacuation orders.

Enable Your Smartphone for IPAWS: The Integrated
Public Alert & Warning System (IPAWS) is the
Federal Emergency Management Agency’s integrated
wireless emergency alert and warning system.

Residents and visitors are encouraged to visit the
READY Mono portal to:

Photo: Angela Plaisted

TOWN OF MAMMOTH LAKES 15 2022 YEAR IN REVIEW

POLICE PROGRAMS

MAMMOTH LAKES POLICE DEPARTMENT

AWARDED OFF-HIGHWAY VEHICLE GRANT
The Mammoth Lakes Police Department (MLPD) was awarded
a $51,177 grant from the State of California Off-Highway Motor Vehicle (OHMVR) Division for the 2022 grant cycle.

The MLPD applied for this funding to continue the agency’s Off Highway Vehicle (OHV) program, which was launched in 2021 with its first OHMVR Division grant award. The goal of the OHV program is to provide safety and education for both residents and visitors and to reduce intrusions into the wilderness and other protected areas. OHV law enforcement protects public safety by patrolling trails that are shared with other outdoor recreation enthusiasts. Officers enforce speeding, driving while impaired, green sticker registration, encroachment/trespass issues in addition to offering accident support and more. These patrols are conducted by either the MLPD’s Polaris RZR or by snowmobile. The areas surrounding Mammoth Lakes continue to see a significant increase in dispersed camping. Dispersed campers often have illegal fires that pose a great risk of causing a wildfire. MLPD continues to support our allied agency’s OHV programs, which are critical to the safety and education of the public and off-road enthusiasts.

MLPD PURCHASES DRONE
The MLPD purchased a professional DJI
Matrice 30T Drone to further enhance
MLPD’s mission of the protection of
lives and property. Unmanned Aircraft
Systems (UAS), more commonly referred
to as drones, have proven to be a
valuable resource for law enforcement,
first responders, and during emergency
operations. The MLPD currently has
two licensed UAS operators and the
drone has already been deployed in a few
operations including missions to locate
dispersed campers with reported illegal
fires or located in “no camping zones”,
to assist another local law enforcement
agency with a high-risk warrant, and to
take aerial photos after traffic collisions to
assist with accident scene reconstruction.

TOWN OF MAMMOTH LAKES 16 2022 YEAR IN REVIEW
The MLPD conducted a multiagency Active Shooter/Tactical Casualty Care training exercise
in August 2022, at Mammoth
Elementary School. This
exercise focused on emergency
response to an active shooter
incident on campus and how to

MLPD AWARDED

TOBACCO GRANT
MLPD was also selected to receive
$344,273 in State funding from
the California Department of
Justice Tobacco Grant Program,
with a start date of January 25,
2022. This competitive grant is
authorized under the California,
Research and Prevention Tobacco
Act of 2016 (Proposition 56)
and provides program funding
to the MLPD for the next three
years. The program supports
local law enforcement agencies in
educating minors about the harms
of tobacco products, enforcing
state and local tobacco laws, and
conducting retailer enforcement.

The MLPD signed a three year
Cooperative Law Enforcement
Agreement with the USDA
Forest Service – Inyo National
Forest contracting for patrol
services within the Forest
Service’s jurisdiction. These
vehicle patrols are conducted
during the summer months in
Shady Rest, the Mammoth Lakes
Basin, and Minaret Vista, with
the Town getting reimbursed for
these services. The agreement
also allows for equipment
purchases, up to 10% of the
$9,000 allocated. The USDA
Forest Service also awarded
MLPD an additional $7,000
for patrols occurring in 2022,
bringing the total to $16,000.

The agreement allows MLPD
Police Officers to drive through,
respond to calls, issue tickets,
or move along bears in these
areas when they are technically
outside of the Town Limits.

MLPD CONTINUES COOPERATIVE LAW ENFORCEMENT
AGREEMENT WITH THE USDA FOREST SERVICE –

INYO NATIONAL FOREST
best collaborate and respond
to this scenario with local and
state emergency responders. A
simulation of the law enforcement
response to an active shooter
helps to assure a coordinated,
timely and effective response.

ACTIVE SHOOTER AND TACTICAL CASUALTY CARE TRAINING

TOWN OF MAMMOTH LAKES 17 2022 YEAR IN REVIEW

LEADERSHIP

TOWN COUNCIL
Bill Sauser | Mayor
(term ended November 2022)
Lynda Salcido | Mayor Pro Term
(term started November 2022)
Chris Bubser | Councilmember
Sarah Rea | Councilmember
Amanda Rice | Councilmember
(term started November 2022)
Kirk Stapp | Councilmember
(term ended November 2022)
John Wentworth | Councilmember

PLANNING & ECONOMIC

DEVELOPMENT COMMISSION
Michael Vanderhurst | Chair
Jennifer Burrows | Vice Chair
Paul Chang
Greg Eckert
Jessica Kennedy

PARKS & RECREATION

COMMISSION
Elizabeth “Betsy” Truax | Chair *
Laurel Martin | Vice Chair *
Silver Chesak Δ
Christi Constable *
Greg Newbry Δ
Dan O’Connell Δ
Scott Reif Δ
Sean Turner *
Ben Wisner Δ

TOWN ADMINISTRATION
Daniel C. Holler | Town Manager
Andrew Morris | Town Attorney
Stuart Brown | Parks and Recreation Director
& Public Information Officer
Al Davis | Chief of Police
Jamie Gray | Town Clerk
Haislip Hayes | Public Works Director
Pam Kobylarz | Assistant to the Town Manager
Sandra Moberly | Community & Economic
Development Director
Rob Patterson | Administrative Services & Finance Director Lawson Reif | Outdoor Recreation Manager
* Term ended July 2022
Δ Term started August 2022 Photo: Angela Plaisted
Photo: Joel Rathje

TOWN OF MAMMOTH LAKES 18 2022 YEAR IN REVIEW

CONTACT INFORMATION
Address: 437 Old Mammoth Road, Suite 230 | P.O. Box 1609 Mammoth Lakes, CA 93546
Main Phone: 760-965-3600
Mammoth Lakes Police Department: 760-965-3700
Public Information Line: 760-965-3612 (updated during emergencies) Notify Me: www.townofmammothlakes.ca.gov/list.aspx
Website: www.townofmammothlakes.ca.gov
Mono County COVID-19 Portal: coronavirus.monocounty.ca.gov Email: Initial of first name and last name @townofmammothlakes.ca.gov For example, John Doe: [email protected]
Photo: Joel Rathje

Mammoth Lakes Town Council
Agenda Action Sheet
Title: August CIP Update.

Council Meeting Date: 8/16/2023
Prepared by: Public Works
Recommended Motion: None
Summary:

The August CIP update includes updated on the Town’s most active construction projects. In general projects are moving along well considering the late start. A couple projects are out to bid with plans to award in September.

Capital Project Update
August Update
Created 8-9-23
Project Notes
2023 Emergency
Infrastructure Repair
Contractor has removed and replaced damaged sidewalk panels on Old Mammoth Rd, Meridian Blvd, and Main Street, as well as the storm drain inlet at the corner of Old Mammoth Road and Main Street. Due to Town-wide difficulties in procuring small amounts of concrete, Contractor is mixing concrete on-site. Additionally, sidewalk panels have undergone significant expansion and damage in the last month, resulting in the contractor repairing 11 sidewalk panels compared to the 5 panels identified as damaged and included in the original contract scope established in June.

CRC The contractor has made little progress. Staff is evaluating delivery alternatives.

Town Staff cleaned out the playground fiber soiled by the contractor.

CRC - Mobility Hub Parking lot and bus stop/shelter is substantially complete. TOML has taken delivery of parking lot solar lighting.

CRC - Interior Work Waiting for CRC completion so interior work can begin. Staff is recommending that this work be bid this summer for Fall construction.

The Parcel PH 1 Contractors are testing the plumbing system, working on the Childcare Center MEP. Framers are finishing the high roof. Repair to Tyvek with plan to install siding in 1 month. Start dry utilities & SCE vaults in a week.

Dog Park The project is out to bid. Staff is looking to award and begin construction late summer.

Ballfields Rehabilitation
Whitmore/Shady
This project is substantially complete and field 2 is ready for softball and little league play! There may be some minor additional work on fields 2 and 3 later in the summer, including the purchase of additional infield mix to be used as a stockpile for the future. 60 Joaquin The contractor broke ground has finished grading and subgrade compaction. They are working on utility tie ins and preparing pads for slab pours. Modules have been ordered and may be available October, weather dependent.

OMR Beautification Town staff continues active negotiations with multiple local contractors to perform phase 1 of this project.

Main Street Landscaping Town staff continues active negotiations with multiple local contractors to perform phase 1 of this project.

HSIP Intersection crossings All material has been ordered and is expected to arrive in the last week of August.

Work is scheduled to begin on September 11th.

Chaparral Extension (The
Parcel)
The contractor was issued a notice to proceed effective 6/5. Tree removal was completed last year. Surveying and clearing have been completed. Staff anticipates underground utilities to begin mid-August.

Laurel Mountain Rd Rehab
& Sidewalk
The contractor was issued a notice to proceed effective 6/5. The Town is entering into an agreement to complete the sidewalk along Sierra Nevada Resort (SNR). SNR will pay for these improvements. Sanitary sewer and storm drain are complete. August work includes streetlight and fiber optic trenching beginning at Sierra Nevada road.

Fuel Island The project is out to bid
New Civic Center Staff and HMC architects continue to revise schematic floorplans and alternatives. The Town applied for a $12.6M grant to provide an Emergency Operations Center and expects to hear the

results this summer. Staff is working on options for financing and will present these to Town Council.

Foundation Childcare Staff received updated drawings and are reviewing. The opening of the project is delayed since portables will not be available until 2024.

1 TOWN COUNCIL STAFF REPORT
Title: Mammoth Main Base Redevelopment Project Update (Mammoth Mountain Main Lodge Area)
Meeting Date: August 16, 2023
Prepared by: Jen Murillo, Contract Planner
Kim Cooke, Senior Planner
RECOMMENDATION:

No recommendation or action is needed on this item.

SUMMARY: [NO SIGNIFICANT CHANGES SINCE 7/19/2023 UPDATE] The Mammoth Main Base Redevelopment Project is a major private development application being processed by the Town. Below is a high-level update on this application:
 Environmental Review (CEQA/NEPA) – The Town is the lead agency for CEQA and the US Forest Service is the federal lead agency for NEPA. The CEQA/NEPA scoping period closed in December 2022. Scopes of work for technical studies (e.g., biological, cultural, traffic, etc.) are being refined based on scoping comments and coordination with relevant agencies (e.g., Caltrans).

Completion of environmental fieldwork is intended by October 2023 as certain fieldwork, such as for cultural resources, require the ground to be clear of snow.

After technical studies are completed, the Draft Environmental Impact Report/Environment Impact Statement (EIR/EIS) will be prepared.  Outreach – The Town and applicant team are working on an outreach strategy to ensure the community and stakeholders are informed, involved, and have opportunities to provide feedback throughout the process. Additionally, CEQA and NEPA provide for public comment opportunities throughout the environmental process.
 Target Schedule
Fall 2023 Additional outreach meetings/events begin
Mid-2024 Draft EIR/EIS available for review
Mid-2025 Town Council decision on project
Relevant project links:
 Town’s project webpage - www.townofmammothlakes.ca.gov/1155/MammothMain-Base-Redevelopment  USFS project webpage - www.fs.usda.gov/project/?project=62406  Applicant’s project webpage - www.evolvingmain.com/

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Town of Mammoth Lakes PM10 Planning Area Second 10-Year Maintenance Plan Council Meeting Date: 8/16/2023
Prepared by: Ann Logan, Deputy Air Pollution Control Officer, GBUAPCD Nolan Bobroff, Senior Planner / Housing Coordinator
Recommended Motion: Receive a presentation from Great Basin Unified Air Pollution Control District staff on the Town of Mammoth Lakes PM10 Planning Area Second 10-year Maintenance Plan.

Summary: The Great Basin Unified Air Pollution Control District (District) has prepared the Town of Mammoth Lakes PM10 Planning Area Second 10-year Maintenance Plan (Plan), which contains requirements to ensure the PM10 Federal Standard will continue to be maintained. The Plan is currently available for public review at https://gbuapcd.org/District/PublicNotice/. The District will conduct a public hearing and will consider approval and adoption of the Plan and the associated documents at the District’s Governing Board’s regular meeting on Thursday September 7, 2023 at 10am at the Mono County Board of Supervisors Chamber at the Mono County Courthouse in Bridgeport, CA. Any comments received prior to the Board meeting will be supplied to the Board at the meeting.

History and Overview of Plan
The Town of Mammoth Lakes PM10 Planning Area was designated as a moderate nonattainment area for the Federal Standard for PM10 (particulate matter less than 10 microns) by the US EPA in 1990.

The PM10 issue in the Town is primarily caused by smoke from wood stoves and fireplaces and from traffic-related dust entrained from cinders used on roadways for traction control during winter. In addition, wildfires have, with increasing frequency over the past two decades, resulted in high levels of particulate matter from smoke during the summer and fall.

In 1990, the District and the Town jointly adopted the 1990 Air Quality Management Plan which included regulations that regulated the installation and replacement of wood-burning devices, established thresholds for burning curtailment, and requires the implementation of road dust reduction measures. These regulations resulted in PM10 emission reductions such that in 2014 the area was designated to attainment. Concurrent with redesignation, the US EPA approved the first Town of Mammoth Lakes PM10 Maintenance Plan in 2014.

The Town of Mammoth Lakes PM10 Planning Area Second 10-Year Maintenance Plan (Plan) fulfills the requirements to demonstrate continued maintenance of the PM10 Federal Standard for the second 10-year period (2025-2035). The Plan includes an updated emission inventory, verification of continued attainment with the PM10 Federal Standard, a commitment to continue monitoring, a description of the existing rules that provide the control strategy, and contingency measures to ensure air quality is maintained. No new regulations are proposed with the District’s approval of the Plan.

As part of the approval process through California Air Resources Board and the US EPA, the District is also submitting an Exceptional Events Demonstration documenting the PM10 exceedances in 2020 that were caused by wildfire smoke. Exceedances recognized as exceptional events by the US EPA do not count in determining compliance with air quality standards.

Attachments:

1. Public Notice

2. Town of Mammoth Lakes PM10 Planning Area Second 10-year Maintenance Plan Executive Summary (Full Plan:
https://gbuapcd.org/Docs/District/PublicNotice/2023/20230802_2023TML2nd10YrMaintena ncePlan.pdf)

GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT
157 Short Street, Bishop, California 93514-3537
Tel: 760-872-8211 www.gbuapcd.org
NOTICE OF PUBLIC HEARING and PUBLIC COMMENT PERIOD
Adoption And Approval of the Town of Mammoth Lakes PM10 Planning Area Second 10-Year Maintenance Plan and the
Exceptional Event Demonstration for Wildfire Smoke Impacts to Mammoth Lakes PM10 Monitors in September and October 2020 The Governing Board of the Great Basin Unified Air Pollution Control District (District) will conduct a public hearing and will consider for approval and adoption the Town of Mammoth Lakes PM10 Planning Area Second 10-Year Maintenance Plan (Plan) and the Exceptional Event Demonstration for Wildfire Smoke Impacts to Mammoth Lakes PM10 Monitors in September and October 2020 (Exceptional Event Demonstration). The public hearing and the Governing Board’s consideration for approval and adoption will occur at the District Governing Board’s regular meeting on Thursday September 7, 2023, at 10:00 a.m. The meeting will occur at the Mono County Board of Supervisors Chamber (2nd Floor) at the Mono County Courthouse located at 278 Main Street (U.S. Highway 395) in Bridgeport, California.

The Mammoth Plan includes a second maintenance plan that contains requirements to ensure the National Ambient Air Quality Standard for PM10 (federal standard) will not be violated in the future.

Other actions related to the adoption of the Mammoth Plan may also be taken at the meeting. Copies of the Plan and Exceptional Event Demonstration documents are available for public review and comment at the District’s website at www.gbuapcd.org, under “What’s New”. The documents are also available in hard copy format for review at the District’s Bishop office. Written comments should be sent via email to [email protected]. Written comments received by August 14, 2023, will be included in the staff report in the Board packet. Comments received after this date will be provided to the Board at the meeting. Written and verbal comments will also be taken at the Board meeting. For further information, contact Ann Logan, Deputy Air Pollution Control Officer, at (760) 872-8211 or [email protected].

Distribution Date: 2023-08-02
Publication Dates
Inyo Register August 3, 2023
The Sheet August 5, 2023 & August 12, 2023
Mammoth Times August 3, 2023 & August 10, 2023
Mail List: Public Notice
Phillip L. Kiddoo
Air Pollution Control Officer

Town of Mammoth Lakes PM10 Planning
Area Second 10-Year Maintenance Plan

Executive Summary
The federal Clean Air Act (CAA) requires that an area redesignated attainment from nonattainment status for any of the National Ambient Air Quality Standards (NAAQS or Federal Standard) must submit a maintenance plan for ensuring the NAAQS will be met for a 10-year period following the redesignation.

Section 175A of the CAA Amendment requires redesignated areas to submit a second maintenance plan to the United States Environmental Protection Agency (US EPA) eight years after the first plan has been approved in order to demonstrate continued maintenance of the NAAQS for the subsequent 10-year period.

The Town of Mammoth Lakes PM10 Planning Area was designated as a moderate nonattainment area for the PM10 NAAQS by the US EPA in 1990. The PM10 issue in the Town of Mammoth Lakes is primarily caused by smoke from wood stoves and fireplaces and from traffic-related dust entrained from crushed volcanic cinders used on roadways for traction control during winter. In addition, wildfires have, with increasing frequency over the past two decades, resulted in high levels of particulate matter from smoke during the summer and fall. In 1990, the Great Basin Unified Air Pollution Control District (District) and the Town of Mammoth Lakes (Town) jointly adopted the 1990 Air Quality Management Plan which included permanent and enforceable regulations to addressthe local sources of particulate emissions. These regulations resulted in PM10 emission reductions such that in 2014 the area was designated to attainment effective November 4, 2015. Concurrent with redesignation, the US EPA approved the 2014 Town of Mammoth Lakes PM10 Maintenance Plan.

This Town of Mammoth Lakes PM10 Planning Area Second 10-Year Maintenance Plan (Plan) fulfills the CAA requirements for a second 10-year maintenance plan to demonstrate continued maintenance of the PM10 NAAQS for the 10-year period following the expiration of the first maintenance plan. This Plan contains the required background information on existing air quality, an updated emission inventory, verification of continued attainment, a commitment to maintaining monitoring network integrity, a description of the existing control strategy, and contingency measures to ensure the NAAQS is maintained.

This Plan relies on the continued implementation of the particulate emission regulations and contingency measures that brought the area into attainment and supported the initial maintenance plan. These control measures include regulations to address woodsmoke and other sources of particulate emissions, stationary source controls, and District rules and regulations to control sources of PM10. This Plan contains contingency measures and specific timeframes for the adoption of these measures if necessary to maintain the NAAQS.

The Town of Mammoth Lakes PM10 Planning Area Second 10-Year Maintenance Plan fulfills the CAA requirements for a second 10-year maintenance plan and demonstrates that the area will continue to meet the PM10 Federal Standard for the second 10-year period (2025-2035), following the expiration of the first 10-year maintenance plan.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Quarterly Presentation by Airport Core Management Team – Summer 2023.

Council Meeting Date: 8/16/2023
Prepared by: Soibian Spring – Airport Operations Manager Sierra Shultz – Deputy Airport Manager
Rob Patterson – Administrative Services / Finance Director Recommended Motion: No Action – Presentation Only
Summary: The Mammoth Yosemite Airport Core Management Team will provide a quarterly presentation to Town Council on work process, development planning, activities, and events at the Airport. The intent of these quarterly presentations is to provide updates to Town Council and the community on what it takes to operate the Airport. Staff developed this presentation to highlight key topics of general understanding as well as seasonal operation needs of the Airport. The goal is a strong mutual understanding, between staff and Town Council, of the operations, funding structures and milestones, and future vision of the Airport.

Mammoth Yosemite Airport
Quarterly Presentation
August 16, 2023

Airport Core Management Team
Rob Patterson – Finance Director, Administrative Services and Airport Sierra Shultz – Deputy Airport Manager
Soibian (Suh-by-an) Spring – Airport Operations Manager Fixed Based Operator
Pat Foster – Hot Creek Aviation
Sommar Foster - Hot Creek Aviation

Introduction
• Quarterly presentation goals: Engage with and update the public and Town Council of airport happenings. Establish consistent goals, priorities, and visioning for the airport. • Presentation Topics
Operations mission
Recent projects and events
Hot Creek Aviation

Updates and Reminders
• Aviation Insights airport visit
• FAA airport visit
• Automated Weather Observing System
(AWOS) Relocation and Upgrade project is
underway. Project completion is end of
October.
• Town employee facilities tour
• Advanced Airlines flying to HHR (LA) and
CLD on Fridays and Sundays through Sept.
4 th, including Monday the 4th
.

Operations Crew
and Mission
• Tom Thomas, Airport Maintenance
Lead
• Shane Holte, Airport Maintenance
Coordinator
• Future Awesome Teammate, Airport
Maintenance Coordinator
• 2 Winter Temporary Seasonal
Maintenance Workers + HCA
• Suh-by-an Spring, Airport Operations
Manager
• Mission: SAFETY

Part 139 Certification
• History
• Components
• Training
• Inspections

EMR Class Summer 2023

Winter 2022/2023

Similar to in Town, we
survived this winter by
being creative and
working as a team.

Specifically with the
support of HR, Hot
Creek Aviation, and
the Roads Department

and Fleet Maintenance Page 46 of 296
Winter’s
Aftermath:

Bringing the Airport back
up to standard and
preparing for next winter
• Pavement markings / Crack sealing
• Fencing / Gates
• Facilities
• Lighting / Signage
• Equipment
• Personnel

Why we are here:
• Visitor and Resident Mobility
• Local Agency Operations and Events
• Regional / State / Federal Operations

Why we are here,
cont.
• Supporting Local Agencies and Events:
• SAR training
• Airborne Snow Observatory
• Every 15 Minutes
• Med-Evac (Sierra Life Flight, CareFlight,
CalStar, CHP, etc.

Why we are
here, cont.

Supporting Regional / State / Federal
Operations:
• USFS Fire Suppression Aircraft
Currently only fire suppression
aircraft staged on the East side
of Sierras
• CHP / Southern California
Edison
• Airborne Snow Observatory
• CalDART / Disaster Airlift
Response Team
https://caldart.org/
• All Armed Forces Training and
Fueling Ops

Conclusion
• Thank you!
• Questions

Town Council of Mammoth Lakes
Minutes of Special Meeting
July 27, 2023, 5:00 p.m.

The Westin Monache Resort Mammoth
50 Hillside Drive
Redfir and Foxfir Meeting Rooms
Mammoth Lakes, CA 93546
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 5:01 p.m. in the Redfir and Foxfir Meeting Rooms of The Westin Monache Resort at 50 Hillside Drive, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
Mayor Wentworth led the flag salute.

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

Town Council Minutes
July 27, 2023

4. POLICY MATTERS

4.1 Town Council Housing Program Update and Solutions Public Workshop.

Town Manager Daniel C. Holler introduced the workshop facilitator, Stacy Corless from Sierra Business Council. Ms. Corless engaged members of the Council, Town staff, and community members in a workshop regarding housing.

5. ADJOURNMENT
The Council adjourned the meeting at 8:09 p.m.

Jamie Gray, Town Clerk

Town Council of Mammoth Lakes
Minutes of Regular Meeting
August 2, 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 Amanda Rice
Members Absent: Councilmember Sarah Rea
_____________________________________________________________________

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
John Morris, Lodging Association, thanked the Town for last week's housing meeting and outlined his comments from that meeting.

Richard Lawson, Mammoth Junk Removal, said that his business tax license was revoked since it conflicted with the Town's franchise agreement with Mammoth Disposal.

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

Town Council Minutes
August 2, 2023

5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Parks and Recreation Director Stuart Brown gave an update regarding current parks and recreation activities. There was discussion among members of Council and staff.

Office of Outdoor Recreation Manager Lawson Reif gave an update regarding the E-bike Did You Know? document and proposed future steps regarding ebikes. Mr. Lawson gave an update regarding the ESCCRP - Mammoth Donut Project. There was discussion among members of Council and staff.

5.1 Did you Know? E-bike Safety.

6. INTRODUCTIONS

6.1 Introduce new Airport Maintenance Coordinator Shane Holte.

Airport Operations Manager Soibian Spring introduced Mr. Holte to the Council and the community.

PUBLIC COMMENT:

Pat Foster, Hot Creek Aviation, said that the Town had a great Airport team. He invited the Council to tour the Airport at any time.

7. CONSENT AGENDA
Moved by Councilmember Chris Bubser
Seconded by Mayor Pro Tem Bill Sauser
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 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).

Town Council Minutes
August 2, 2023

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

8.1 Transit CFD No. 2013-3 Annexation No. 8.

The Mayor opened the public hearing at 4:35 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 4:36 p.m.

Town Clerk Jamie Gray announced that the property owners all voted in favor.

Moved by Mayor John Wentworth
Seconded by Mayor Pro Tem Bill Sauser
Approve 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.

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)
Moved by Mayor John Wentworth
Seconded by Councilmember Chris Bubser
Adopt the resolution declaring results of a special landowner election, determining validity of prior proceedings, and directing the recording of the eighth amendment to notice of special tax lien.

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)

Town Council Minutes
August 2, 2023

Moved by Mayor John Wentworth
Seconded by Councilmember Chris Bubser
Waive the reading and introduce by title only the ordinance authorizing the levy of special taxes in a community facilities district, including certain annexation territory.

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)

9. POLICY MATTERS

9.1 Appeal of Notice of Determination for illegal advertisement for rental at 1629 Majestic Pines, Unit 69.

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

Milad Jashnieh spoke in his defense of the appeal.

There was discussion among members of Council, staff, and Mr. Jashnieh.

CONSENSUS:

Continue the TOT Appeal and direct staff to work with the appellant to recover additional evidence and information that the appellant may present.

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.

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

Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Amanda Rice
Approve Agreement with the Southern California Toyota Dealers Association and the Town of Mammoth Lakes for the Sponsorship of the

Town Council Minutes
August 2, 2023

Zamboni ice-resurfacer machine operating at LA Kings Ice at 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)

9.3 Fourth Quarter Fiscal Year 22-23 Budget Review and Adoption of Resolution Amending Fiscal Year 22-23 Budget.

Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and staff.

PUBLIC COMMENT:

John Urdi, Executive Director of Mammoth Lakes Tourism, spoke about the Obstacle Course Race World Championship that was being held in Town in October.

Sandy Hogan spoke in favor of the Town's conservative budgeting. She asked for the housing funds to be dedicated to the Access Apartments project.

Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Chris Bubser
Adopt the proposed resolution amending the Fiscal Year 22-23 budget as recommended in Attachment A and B – Budget Adjustments.

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)

9.4 Determination that emergency work authorized by Resolutions 23-29 and 23-54 continues to be necessary for public welfare and safety.

Moved by Mayor Pro Tem Bill Sauser
Seconded by Councilmember Amanda Rice

Town Council Minutes
August 2, 2023

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.

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)

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.

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 Town Participation in the Eastern Sierra Sustainable Recreation Partnership (ESSRP) Memorandum of Understanding (MOU) and authorize the Town Manager to sign the MOU.

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)

10. COUNCILMEMBER REPORTS
Mayor Pro Tem Sauser attended the Mammoth Lakes Tourism Board meeting.

Councilmember Rice attended the Mono County Collaborative Planning Team (CPT) meeting and the housing workshop.

Mayor Wentworth met with Congressman Kiley in Washington, D.C. He attended the housing workshop.

Town Council Minutes
August 2, 2023

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)
This item was removed from the agenda.

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.

At 6:27 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.

12. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 7:01 p.m. and announced that there was no reportable action taken.

13. ADJOURNMENT
The Council adjourned the meeting at 7:01 p.m.

Jamie Gray, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the Resolution authorizing the temporary closure of Town roads for special events.

Council Meeting Date: 8/16/2023
Prepared by: Stuart Brown, Parks and Recreation Director Recommended Motion: Approve the Resolution authorizing the temporary closure of Town roads for special events.

Summary: The Town of Mammoth Lakes desires to assist the private sector in the implementation of special events that increase visitation to the community. The Mammoth Gran Fondo, Mammoth Tuff, and Mammoth Trail Fest are significant fall events that bring visitors to the community. To enhance event safety and provide for emergency access to and through the event, the Town is recommending the temporary closure of Canyon Blvd.

The Town has coordinated with the event organizers and will provide a traffic control plan and all required traffic control equipment for the closure and will monitor the traffic within the event area and make any modifications that are deemed necessary for public safety.

Canyon Blvd. will be closed from Hillside Drive to the corner of Lake Mary Road and Canyon Blvd. on the following days and times:
a) Saturday, September 9, 2023 from 5:00 a.m. to 8:00 p.m. when all traffic control devices will be removed; and
b) Saturday, September 16, 2023 from 5:00 a.m. to 10:00 p.m. when all traffic control devices will be removed; and
c) Friday, September 22, 2023 from 6:00 a.m. to 8:30 a.m. when all traffic control devices will be removed; and
d) Saturday, September 23, 2023 from 6:00 a.m. to 8:30 a.m. when all traffic control devices will be removed; and
The Mammoth Lakes Police Department and Public Works Department will monitor the traffic within the event area and make any modifications that are deemed necessary for public safety.

RESOLUTION NO. 23-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,

AUTHORIZING THE TEMPORARY CLOSURE OF TOWN ROADS FOR SPECIAL EVENTS WHEREAS, the Town of Mammoth Lakes desires to assist the private sector in the implementation of special events that increase visitation to the community; and WHEREAS, the Mammoth Gran Fondo, Mammoth Tuff, and Mammoth Trail Fest are significant fall events that bring visitors to the community; and
WHEREAS, the Canyon Blvd. closure will enhance event safety and provide for emergency access to and through the event; and
WHEREAS, the Town has coordinated with the event organizers and will provide a traffic control plan and all required traffic control equipment for the closure and will monitor the traffic within the event area and make any modifications that are deemed necessary for public safety; and WHEREAS, the Town Council has reviewed the road closure.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Mammoth Lakes, California, hereby:

1. Declares the program is not a project and is exempt from the California Environmental Quality Act because it is a minor temporary alteration to existing improvements and creates a pedestrian and bicycle lane per Section 15304 (e) and 15304 (h), minor alteration of land; and

2. Declares that Canyon Blvd. will be closed from Hillside Drive to the corner of Lake Mary Road and Canyon Blvd. on the following days and times:
a. Saturday, September 9, 2023 from 5:00 a.m. to 8:00 p.m. when all traffic control devices will be removed; and
b. Saturday, September 16, 2023 from 5:00 a.m. to 10:00 p.m. when all traffic control devices will be removed; and
c. Friday, September 22, 2023 from 6:00 a.m. to 8:30 a.m. when all traffic control devices will be removed; and
d. Saturday, September 23, 2023 from 6:00 a.m. to 8:30 a.m. when all traffic control devices will be removed; and

3. Declares there is a public benefit from the Town facilitating the Mammoth Gran Fondo, Mammoth Tuff, and Mammoth Trail Fest events; and

4. Authorizes ' no parking' and traffic control equipment to be placed along the street prior to the event; and

5. Directs the Mammoth Lakes Police Department and Public Works Department to monitor the traffic within the event area and make any modifications that are deemed necessary for public safety.

Resolution No. 23-

APPROVED AND ADOPTED this 16
th day of August, 2023.
____________________________
JOHN WENTWORTH, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Adopt the resolution authorizing the subrecipient agreement with Mammoth Lakes Housing, Inc. to administer the Town of Mammoth Lakes 2022 CDBG Homebuyer Assistance Program Council Meeting Date: 8/16/2023
Prepared by: Nolan Bobroff, Senior Planner / Housing Coordinator Recommended Motion: Adopt the resolution authorizing the subrecipient agreement with Mammoth Lakes Housing, Inc. to administer the Town of Mammoth Lakes 2022 CDBG Homebuyer Assistance Program.

Summary: The California Department of Housing and Community Development (HCD) receives funding from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) program and allocates those funds to CDBG eligible non-entitlement jurisdictions. Eligible uses of CDBG funds include affordable housing programs, anti-poverty programs, and infrastructure development. Funding is allocated on an annual basis through the release of a Notice of Funding Availability (NOFA), with the most recent CDBG NOFA having been released on April 19, 2022.

In response to that NOFA, the Town submitted a grant application on August 16, 2022 for homebuyer assistance funding in the amount of $500,000. The Town was conditionally awarded the grant on April 12, 2023 for the Homebuyer Assistance Program (“Program”) and executed the Standard Agreement (22- CDBG-HA-10034) with HCD on July 27, 2023, thereby commencing the 36-month term of the grant (7/27/2023 – 7/27/2026). The total amount of CDBG funds available for the Program is $600,000, which includes the $500,000 in awarded funding plus $100,000 in CDBG Program Income from a previous CDBG loan repayment.

The Program funded by the grant will help low- and moderate-income homebuyers purchase a home within the Town limits by providing a deferred payment, secondary mortgage. Eligible households must have annual incomes that do not exceed 80% of the Area Median Income (AMI) in Mono County (the 2023 80% AMI limit for a family of four is $68,000). The Town previously adopted CDBG Homeownership Assistance Program Guidelines in June 2021, and those guidelines establish the policies and procedures for the administration of the Program.

To assist in the administration of the Program, the Town is proposing a subrecipient agreement (“Agreement”) with Mammoth Lakes Housing, Inc. (MLH) to administer the Program on behalf of the Town. Activities undertaken by MLH to administer the Program include: (a) marketing the Program, (b) verifying the eligibility of applicants, (c) preparation, execution, and recordation of applicable loan and real estate documents, (d) record-keeping, (e) ensuring compliance with CDBG program requirements, and (f) HCD reporting. The total amount to be paid to MLH under the Agreement is a not-to-exceed amount of $63,500, which the Town will be reimbursed for by HCD.

The breakdown of the grant funds provided in the Agreement are listed below:
 Homeownership Assistance Loans: $530,000 (includes $100,000 in Program Income from a previous CDBG loan repayment)
 MLH Administration
o Activity (Program) Delivery: $37,290
o General Administration: $26,210 (7% of the total award amount less the Town allocation)  Town General Administration: $6,500

RESOLUTION NO. 2023-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA, AUTHORIZING THE
SUBRECIPIENT AGREEMENT WITH MAMMOTH LAKES HOUSING, INC.

TO ADMINISTER THE TOWN’S 2022 COMMUNITY DEVELOPMENT
BLOCK GRANT (22-CDBG-HA-10034)
WHEREAS, the California Department of Housing and Community Development (HCD) released the Community Development Block Grant (CDBG) 2022 Notice of Funding Availability (NOFA) on April 19, 2022 which established the eligible activities and program requirements for the State’s 2022 CDBG program; and
WHEREAS, the Town Council conducted a noticed public hearing on June 1, 2022 in accordance with the CDBG Citizen Participation process as specified in federal regulations at 24 CFR 570.486 to provide an opportunity for the public to provide comments on the proposed activities to be included in the application prior to the submittal to the State; and WHEREAS, the Town Council approved the submittal of the Town’s 2022 CDBG application for a Homebuyer Assistance Program at the regular meeting of the Town Council on August 3, 2022; and
WHEREAS, the Town submitted an application in response to the NOFA on August 16, 2022 for $500,000 in CDBG funds for the Homebuyer Assistance program; and WHEREAS, the Town received notification on April 12, 2023 that the Town was conditionally awarded a grant in the amount of $500,000 for the Homebuyer Assistance Program and executed the Standard Agreement (22-CDBG-HA-10034) with HCD on July 27, 2023, thereby commencing the 36-month term of the grant (7/27/2023 – 7/27/2026); and WHEREAS, in addition to the $500,000 in CDBG grant funding, the Town has approximately $100,000 in CDBG Program Income on-hand as of July 31, 2023 from a previously repaid CDBG homebuyer assistance loan, thereby increasing the total amount of funding available for the Homebuyer Assistance Program by $100,000 to a total amount of $600,000; and
WHEREAS, the Town will utilize the CDBG grant funds to provide homeownership assistance to qualified households in accordance with the applicable program requirements, including all Federal and State regulations and policies, applicable CDBG Grants Management Manual chapters, and HCD Management Memos; and
WHEREAS, the Town desires to contract with Mammoth Lakes Housing, Inc. as a subrecipient to administer the Homebuyer Assistance Program as provided in the subrecipient agreement attached hereto as Exhibit “A”.

Resolution No. 23-__

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Mammoth Lakes, California:

1. Authorizes the subrecipient agreement with Mammoth Lakes Housing, Inc. for the administration of the 2022 CDBG grant funds (22-CDBG-HA-10034) in substantially the form approved by the Town Council, attached hereto as Exhibit “A”, and which allocates to Mammoth Lakes Housing, Inc. $37,290 of the grant funds for Activity Delivery and $26,210 of the grant fund for General Administration, and allocates to the Town $6,500 of the grant funds for General Administration.

APPROVED AND ADOPTED THIS 16th day of August 2023.
___________________________________
JOHN WENTWORTH, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Resolution No. 23-__

Exhibit “A”
Subrecipient Agreement with Mammoth Lakes Housing, Inc.

Subrecipient Agreement
22-CDBG-HA-10034 Page 1 of 17

SUBRECIPIENT AGREEMENT
AGREEMENT BETWEEN Town of Mammoth Lakes
AND
Mammoth Lakes Housing, Inc.

FOR
22-CDBG-HA-10034
THIS AGREEMENT, entered this _____ day of ____________, 2023 by and between the Town of Mammoth Lakes (herein called the “Grantee”) and Mammoth Lakes Housing, Inc. (herein called the “Subrecipient”).

WHEREAS, the Grantee has applied for and received funds from the State of California, Department of Housing and Community Development, State Community Development Block Grant Program (“the Department”) originating from the United states Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds to fund its Community Development Block Grant (CDBG) Grant 22-CDBG-HA-10034, Homeownership Assistance program (the “Grant”);
NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering the Grant in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:

Program Delivery
Activity #1 Homeownership Assistance – Down payment assistance to provide gap financing to income eligible households in the incorporated area of Mammoth Lakes.

General Administration
Subrecipient will also conduct all administrative duties in conjunction with Activity #1, above, as well as the overall general coordination of program reporting to CDBG, fiscal reporting, and general coordination on the Grant.

B. National Objectives
All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208.

Subrecipient Agreement
22-CDBG-HA-10034 Page 2 of 17
The Subrecipient certifies that the activities carried out under this Agreement will meet the National Objective to benefit low- and moderate-income persons. The National Objective will be met because CDBG program funds will be used in the Town of Mammoth Lakes to provide deferred second mortgage loans for acquisition to low- and moderate-income firt-time homebuyers. Each individual household will obtain a first mortgage and the home will be their primary residence. In addition to CDBG funds, the program will utilize local banks and mortgage brokers. The Town will market the program to the targeted groups:
families, workforce, and single adults.

C. Levels of Accomplishment – Goals and Performance Measures The levels of accomplishment may include such measures as units rehabbed, persons or households assisted and should also include time frames for performance.

The Subrecipient agrees to provide the following levels of program services:

Activity Units per Month Total Units/Year
Activity #1 will vary 4
D. Staffing
Executive Director
Grant & Financial Associate
Program & Projects Associate
Housing Navigator
E. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.

II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the effective date of the Grantee’s Standard Agreement for the Grant and end on the date specified in the Grantee’s Standard Agreement for the Grant. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income.

III. BUDGET
Item Amount
Direct Homeownership Assistance $530,000
HA Activity Delivery $37,290
General Administration $26,210 (+$6,500 reserved for Grantee) TOTAL $600,000

Subrecipient Agreement
22-CDBG-HA-10034 Page 3 of 17
Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(2) of this Agreement. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient.

IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee to the Subrecipient under this Agreement shall not exceed $63,500. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance.

Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR Part 84.21.

V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Communication and details concerning this contract shall be directed to the following contract representatives:

Grantee Subrecipient
Daniel C. Holler, Town Manager Patricia Robertson, Executive Director Town of Mammoth Lakes Mammoth Lakes Housing, Inc.
437 Old Mammoth Road 587 Old Mammoth Road #4
P.O. Box 1609 P.O. Box 260
Mammoth Lakes, CA 93546 Mammoth Lakes, CA 93546
P: (760) 965-3600 P: (760) 934-4740
F: (760) 934-7493 F: (760) 934-4724
VI. SPECIAL CONDITIONS
None.

VII. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The

Subrecipient Agreement
22-CDBG-HA-10034 Page 4 of 17
Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

B. “Independent Contractor”
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor.

C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement.

D. Workers’ Compensation
The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

E. Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.

The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR

84.31 and 84.48, Bonding and Insurance.

F. Grantee Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.

G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement.

The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or

Subrecipient Agreement
22-CDBG-HA-10034 Page 5 of 17
schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient.

H. Suspension or Termination
In accordance with 24 CFR Part 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:

1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;

2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;

3. Ineffective or improper use of funds provided under this Agreement; or

4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect.

In accordance with 24 CFR Part 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.

VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management

1. Accounting Standards
The Subrecipient agrees to comply with 24 CFR Part 84.21−28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

2. Cost Principles
The Subrecipient shall administer its program in conformance with 2 CFR Part 200 subpart E, “Cost Principles for Non-Profit Organizations” (formerly OMB Circular A-122), as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

B. Documentation and Record Keeping

1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

Subrecipient Agreement
22-CDBG-HA-10034 Page 6 of 17
a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f) Financial records as required by 24 CFR 570.502, and 24 CFR 84.21−28; and
g) Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.

3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request.

4. Disclosure
The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities with respect to services provided under this contract, is prohibited by various federal, state, and county laws, regulations, and ordinances unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Closeouts
The Subrecipient’s obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the

Subrecipient Agreement
22-CDBG-HA-10034 Page 7 of 17
terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income.

6. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and 2 CFR Part 200.500 (formerly OMB Circular A-133).

C. Reporting and Payment Procedures

1. Program Income
The Subrecipient shall assist the Grantee, as needed, on the reporting of all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Reports shall be filed with the Department no later than January 30th and July 31st, or the dates specified by the Department. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. Program Income reports completed outside of the term of this agreement will be billed on an hourly basis.

2. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient’s share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee.

3. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. Payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient.

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4. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee.

5. State CDBG Report(s)
The Subrecipient shall assist the Grantee, as needed, on the submittal of any required status reports to the State.

D. Procurement

1. Compliance
The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement.

2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR Part 200.318.

3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the Town’s municipal boundary with funds provided under this Agreement.

E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following:

1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.

2. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement . If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period .

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3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment].

IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING

REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences.

X. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights

1. Compliance
The Subrecipient agrees to comply with local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.

2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable nondiscrimination provisions in Section 109 of the HCDA are still applicable.

3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon,

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providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.

4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. The 504 Coordinator is designated as Patricia Robertson, Executive Director, Mammoth Lakes Housing, Inc.

B. Affirmative Action

1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program, including marketing, in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.

2. Women- and Minority-Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, AsianAmericans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

3. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.

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4. Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. Additional State of California Requirements regarding the State Equal Opportunity provisions are contained in Attachment A.

6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors.

C. Employment Restrictions

1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.

The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are

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imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.

3. “Section 3” Clause
a) Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.

The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a
project assisted under a program providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701).

Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to
low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic
opportunities for low- and very low-income persons
residing in the metropolitan area in which the project is located.”
The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to lowand very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns

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that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs.

The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b) Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c) Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

D. Conduct

1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval.

Notice of any such assignment or transfer shall be furnished promptly to the Grantee.

2. Subcontracts
a) Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b) Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c) Content: The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
d) Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be

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forwarded to the Grantee along with documentation concerning the selection process.

3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following:
a) The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b) No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c) No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.

5. Lobbying
The Subrecipient hereby certifies that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with

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this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
c) It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
d) Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

6. Copyright
If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.

7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.

XI. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C. , 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; and
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.

B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified

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by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.

D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.

In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.

E. NEPA Compliance
The Subrecipient shall prepare the required National Environmental Policy Act (NEPA) documentation consistent with 42 USC 4321-4347 and the implementing regulations at 24 CFR Parts 50 and 58. The Subrecipient shall provide the required NEPA documentation to the State and the original documentation to the Grantee.

XII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

XIII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

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XIV. WAIVER
The Grantee’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

XV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement.

IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.

Town of Mammoth Lakes Mammoth Lakes Housing, Inc.

By By
Daniel C. Holler, Town Manager Patricia Robertson, Executive Director Attest

TOWN CLERK
Countersigned By

FINANCE OFFICER
Title
Federal I.D.

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

TOWN ATTORNEY

AFFIRMATIVE ACTION APPROVAL

CONTRACT COMPLIANCE SUPERVISOR/

TOWN CLERK

1 TOWN COUNCIL STAFF REPORT
Title: Reject Bid Received for the ARFF/Snow Removal Equipment Building Site Work at Mammoth Yosemite Airport
Meeting Date: August 16, 2023
Prepared by: Sierra Shultz, Deputy Airport Manager
RECOMMENDATION:

Staff recommends Town Council reject the bid received for the Aircraft Rescue Fire Fighting (ARFF)/Snow Removal Equipment (SRE) Building Site Work at Mammoth Yosemite Airport and authorize staff to rebid the project once bid plans and specifications are updated.

BACKGROUND:

On October 6, 2021, Town Council authorized Supplemental Agreements No. 25 and 26 for Brandley Engineering, Inc. (Brandley) to provide design services for the ARFF/SRE Building site work and structure. Once the design contracts were awarded and executed, Brandley, working with staff and the FAA, designed the project site work and structure.

The project consists of seven bays to store snow removal equipment and the ARFF and conduct ARFF maintenance and it also included support and administrative rooms.

On January 10, 2023, the project design was approved by the Planning and Economic Development Commission. Once the project was approved, the project bids were advertised. Two plan sets were prepared, one for the site work and one for the structure, so that they could be bid as separate contracts. The plan sets were prepared in accordance with each other and tied the designs together.

ANALYSIS:

Both the site work and structure were advertised on February 10, 2023. The site work bid was opened on March 9, 2023 and no bids were received. Federal law, unlike State law, prohibits negotiations in a no-bid situation, therefore the project was put back out to bid until March 23, 2023. On the 23rd, one bid was received from Qualcon Contractors, Inc.

Qualcon Contractors, Inc. $2,261,300.00
A bid analysis was completed, and no irregularities were found in the original apparent low bid.

Multiple extensions were given for the structure bid opening to allow adequate time for potential bidders to prepare their bids. However, the structure bid was opened on May 1, 2023 and no bids were received. In addition to not receiving any bids, staff received

2 feedback from the FAA that there had been some changes to which components of the building are now considered eligible.

Therefore, staff is recommending that Town Council reject the site work bid to allow for a redesign of the building. Staff does not want to award the site work if the structure needs to be redesigned, since it may change components of the site work also. In addition, to the possibility of the site work design changing, the Town was unable to submit a final grant application since they did not receive any structure bids. Therefore, the Town will have to resubmit for grant funding before moving forward with awarding any construction.

FINANCIAL CONSIDERATIONS:

Since no building bids were received, staff submitted a final grant application for redesign of the building, in lieu of a final grant application for construction. Once the redesign has been awarded and completed, staff will then reapply for construction funding from the FAA. The redesign grant will include funding for revising the project design to meet the goals of the Town, community, and FAA and will attempt to lower costs given the very expensive bidding climate we currently face.

The engineer’s estimate for the project site work construction was $1,432,715.

The grant request that was submitted for the redesign is for $301,500 in Airport Improvement Program (AIP) funds. The sponsor share is $28,160 and the federal share is $273,340 which is currently available in the airport entitlement funds.

ENVIRONMENTAL CONSIDERATIONS:

On November 15, 2021 the FAA issued a Finding of No Significant Impact (FONSI) for the Environmental Assessment for the Terminal Area Development Project (TADP), which included the ARFF/SRE Building project. On October 6, 2021, the Environmental Impact Report for the TADP was certified by the Town Council.

RESOLUTION 23-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, STATE

OF CALIFORNIA, REJECTING ALL BIDS SUBMITTED IN RESPONSE TO THE BID

SOLICITATION FOR THE ARFF/SNOW REMOVAL EQUIPMENT BUILDING

SITE WORK PROJECT
WHEREAS, Public Contract Code Section 20166 provides that in its discretion, the legislative body may reject any bids presented and readvertise; and WHEREAS, on February 10th, 2023, the Town of Mammoth Lakes (Town) issued two sets of bid specifications and plans for the ARFF/Snow Removal Equipment Building Site Work and Structure at Mammoth Yosemite Airport; and
WHEREAS, on February 22nd, 2023, Town staff held a pre-bid meeting for the site work; and WHEREAS, on March 9th, 2023, bids were opened for the site work and no bids were received and so the bid solicitation period was extended to March 23rd, 2023 for site work; and WHEREAS, one bid was submitted to the Town by Qualcon Contractors, Inc. for the site work; and
WHEREAS, on May 1, 2023 the bid for the structure component of the project was opened and no bids were received; and
WHEREAS, a final grant application for construction was not able to be submitted to the Federal Aviation Administration (FAA) since no bids were received for the structure; and WHEREAS, the Town Council finds that it is not in the public interest to award a contract to the company that submitted a bid because the site work plans and specifications will need to be updated to match the redesign of the structure; and
WHEREAS, the Town Council finds that it is not in the public interest to award a contract to the company that submitted a bid because the construction grant was not submitted and received and therefore the funds are not readily available.

NOW, THEREFORE, BE IT RESOLVED that the Town Council does hereby reject all bids submitted in response to the request for bids for the ARFF/Snow Removal Equipment Building Site Work; and, it is further
RESOLVED, that staff is hereby authorized to modify and update the plans and specifications and rebid the project.

APPROVD AND ADOPTED this 16
th day of August, 2023.
________________________________
JOHN WENTWORTH, Mayor
ATTEST:
__________________________________
JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve Side Letter No. 01-2023 between the Town of Mammoth Lakes and the Mammoth Lakes Police Supervisory Association Amending the current Memorandum of Understanding and authorize the Town Manager to sign.

Council Meeting Date: 8/16/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Approve Side Letter No. 01-2023 between the Town of Mammoth Lakes and the Mammoth Lakes Police Supervisory Association Amending the current Memorandum of Understanding and authorize the Town Manager to sign.

Summary:

Representatives of the Town and members of the Mammoth Lakes Police Supervisory Association (MLPSA) have met in good faith and have reached agreement in support of the proposed Side Letter. The Side Letter will amend the current July 1, 2022 through June 30, 2025 Memorandum of Understanding (MOU) between the parties. The representatives have been meeting to discuss opportunities to enhance the overall management of the Police Department, to improve supervision and training of officers, and reduce overtime and other related costs. The proposed side letter modifies the current MLPSA MOU establishing the Sergeant positions as exempt. This change provides greater flexibility for the Sergeants, eliminates over-time, and either eliminates or incorporates certain additional duty pay into a new salary structure. Average overtime costs for the previous three years averaged approximately $30,000 per sergeant. The proposed changes will result in an estimated annual net savings across the four sergeant positions of $40,000. Estimates are used as the amount of overtime worked an any year fluctuates based on need and staffing levels. To improve the supervisory structure within the Department staff is also recommending implementing a Corporal position. Approximately 50% for savings from the Sergeant position will be used to fund the cost of two proposed Corporal positions, which would be promotion and not additive positions. The inclusion of the Corporal positions will need to be implemented under the Mammoth Lakes Police Officer Association MOU. Staff is recommending approval of the proposed Side Letter with the Mammoth Lakes Police Supervisory Association.

SIDE LETTER NO. 01-2023

TO THE MEMORANDUM OF

UNDERSTANDING BETWEEN

THE TOWN OF MAMMOTH

LAKES AND

THE MAMMOTH LAKES POLICE SUPERVISORY

ASSOCIATION
The Town of Mammoth Lakes (“Town”) and the Mammoth Lakes Police Supervisory Association (“MLPSA”) hereby agree to modification of the terms and conditions set forth in the Memorandum of Understanding (“MOU”), dated July 1, 2022 through June 30, 2025 between the Town and the MLPSA as it pertains to the position of Police Sergeant as set forth below.

I. Purpose

1. The purpose of the amendments to the MOU is to enhance the operations of the Mammoth Lakes Police Department and to recognize the level of supervision, administration and independent action required of the classification of Police Sergeant.

2. In recognition of the assigned work program, administrative tasks, and supervisory requirements the Police Sergeant position, the MLPSA and Town of Mammoth Lakes have met and conferred in good faith and mutually agree to the changes to the MOU as outlined in this side letter, including the designation of the Police Sergeant position as an exempt employee.

II. MOU Amended Articles
A. Article 4. Definitions – New Section

4.8. “Police Sergeant” shall be classified as exempt under the FLSA. The classification of Police Sergeant, which hereinafter may be referred to as “Sergeant,” exercises substantial independent decision making, supervises subordinate sworn and non-sworn personnel, assists in the development and implementation of policies and procedures, manages, employee staffing levels, provides direction and oversight of employees’ work, provides evaluations of employees, and support directly in-field operations.

Side Letter 01-2023 MLSPA 2
B. Article 8. Salary – Salary Schedule Updated

8.1. Salary Schedule
The salary schedule shall be as provided and attached in Appendix “A” consisting of a defined range showing the minimum, mid-point, and maximum of the range.

Employees shall move through range based on merit adjustment of up to five percent (5%), which shall not exceed the top of the salary range. Movement through the range is based on an annual evaluation with an overall satisfactory (or equivalent of) performance.

D. Article 10. Overtime - Repealed and “Reserved”
E. Article 12. Holiday Pay - Repealed and “Reserved”
F. Article 13. POST Pay – Repealed and Restated

13.1 Employees possessing a California POST Supervisory Certificate shall receive a pay differential of two and one-half percent (2.5%) of their base rate of pay.

Sergeants are required to secure a POST Supervisory Certificate upon completion of two years as a Police Sergeant. POST Certificate Pay will be effective the first full pay period following receipt of the Supervisory Certificate.

13.2 Employees possessing a California POST Management Certificate will receive a pay differential of five percent (5%) of their base rate of pay (inclusive of the 2.5% California POST Supervisory Certificate). POST Certificate Pay will be effective the first full pay period following receipt of the Management Certificate.

G. The following Articles Related to additional pay provisions are Repealed and “Reserved:

Article 14 Bilingual Pay
Article 15 Special Assignment Pay
Article 16 Court Pay
Article 17 “Call-In” Pay
Article 18 “On-Call” Pay
H. Article 22. Comprehensive and Other Leave – New Sections

22.13 Administrative Leave.

Due to the nature of exempt positions, employees shall receive eighty-eight (88) hours of paid administrative leave per fiscal year. New employees not employed for the full fiscal year shall receive a prorated amount of administrative leave based on their start date. Paid administrative leave shall have no cash value, and unused leave shall not be carried over into the next fiscal year.

Side Letter 01-2023 MLSPA 3

22.14 Compensatory Time.

All accrued, unused compensatory time held by current employees shall be paid out in full at the current regular rate of pay as of the second full pay period following the execution of Side Letter 01-2023. The promotion of any Police Officer or Corporal to the position of Sergeant shall have their accrued, unused compensatory time be paid out in full at their current regular rate of pay the pay period prior to assuming the position of Sergeant.

I. Article 26. Deferred Compensation - Amended
The Town shall contribute to a Town Section 457(b) deferred compensation plan for the benefit of Employee. Beginning the first full period following the execution of Side Letter 01-2023, the Town shall contribute into the employee’s Section 457(b) plan an amount equal to the amount contributed by that employee, not to exceed fifty dollars ($50) per pay period for twenty-four (24) per periods per year. The amount of the Town’s contribution is subject to a dollar-for-dollar match by the employee. Such contributions shall continue for the Term of this Agreement unless employee matching funds are reduced or eliminated, or the benefit is terminated by Amendment to this Agreement. Payments shall occur as part of the first and second pay periods for each month.
[SIGNATURES ON FOLLOWING PAGE]

Side Letter 01-2023 MLSPA 4
TOWN OF MAMMOTH LAKES: MAMMOTH LAKES POLICE
SUPERVISORY ASSOCIATION:

Daniel C. Holler Joseph Vetter
Town Manager Mammoth Lakes Police Supervisory
Association Representative
Date: Date:

Jason Heilman
Mammoth Lakes Police Supervisory
Association Representative
Date:

Side Letter 01-2023 MLSPA 5

APPENDIX A

SALARY SCHEDULE
Annual Montly Hourly
Salary Range Min Mid Top Min Mid Max Min Mid Max Range
FY23-24 Amended Base $ 135,665 $ 150,927 $ 166,190 11,305 12,577 13,849 65.2236 72.5613 79.8989 22.50% Supervisory POST - 2.5% $ 139,057 $ 154,701 $ 170,344 11,588 12,892 14,195 66.8542 74.3753 81.8964 22.50% Management POST - 2.5% (total 5% POST) $ 142,448 $ 158,474 $ 174,499 11,871 13,206 14,542 68.4848 76.1893 83.8939 22.50% FY24-25 - Effecitve first full pay period July 2024 $ 139,057 $ 154,701 $ 170,344 11,588 12,892 14,195 66.8542 74.3753 81.8964 22.50% Supervisory POST - 2.5% $ 142,533 $ 158,568 $ 174,603 11,878 13,214 14,550 68.5256 76.2347 83.9438 22.50% Management POST - 2.5% (total 5% POST) $ 146,010 $ 162,436 $ 178,862 12,167 13,536 14,905 70.1969 78.0941 85.9912 22.50%

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve Side Letter No. 02-2023 Amending the Memorandum of Understanding between the Town and the Mammoth Lakes Police Officer Association regarding the Canine Program.

Council Meeting Date: 8/16/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Approve Side Letter No. 02-2023 Amending the Memorandum of Understanding (MOU) between the Town and the Mammoth Lakes Police Officer Association regarding the Canine Program.

Summary:

The Town and representatives of the Mammoth Lakes Police Officer Association (MLPOA) have met and conferred in good faith regarding the establishment of a Canine Program. The parties have reached agreement on the proposed Side Letter. The Side Letter addresses items related to the care of the canine, special assignment pay, equipment, and related matters. The community has provided over $30,000 to support the program. Community funds are used to pay for equipment, the canine, vehicle ‘cage’, food, and other supplies. Currently, the assigned officer and canine are in training. Staff recommends Council approval of the Side Letter.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Consideration of Ordinance authorizing of the levy of special taxes in a Community Facilities District, including certain annexation territories.

Council Meeting Date: 8/16/2023
Prepared by: Amy Callanan, PE, Engineering Manager
Recommended Motion: Waive the second reading and adopt by title only the Ordinance authorizing the levy of special taxes in Community Facilities District No. 2013-3 (Transit Services), including certain annexation territories.

Summary: On June 21, 2023 and August 2, 2023, the Town Council conducted proceedings to annex territories into the District, including an election of the qualified electors in the territories proposed for annexation. The Town Council adopted a resolution declaring the results of the election and directed the recording of the amendment to the Notice of Special Tax Lien. Town Council then waived the first reading and introduced by title only this Ordinance authorizing the levy of special taxes in a Community Facilities District, including certain annexation territories.

There were no changes to the Ordinance during the meeting.

ORDINANCE NO.

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH

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

IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN

ANNEXATION TERRITORY

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

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

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve agreement with Peckham & McKenney to assist the Town Council in the recruitment and selection of a new Town Manager.

Council Meeting Date: 8/16/2023
Prepared by: Mayor Pro Tem Bill Sauser
Councilmember Amanda Rice
Recommended Motion: Approve and authorize the Mayor to sign an agreement with Peckham & McKenney to assist the Town Council in the recruitment and selection of a new Town Manager.

Summary:

Mayor Pro Tem Sauser and Councilmember Rice interviewed two executive search firms to assist the Town Council in the recruitment and selection of a new Town Manager. Town Manager Holler assisted with the process. The recommendation is to contract with Peckham & McKenney. A proposed agreement is provided for consideration. The scope of work is attached to the agreement.

The agreement has a fixed price of $30,000, with additional costs for additional services as noted in the proposal. The scope of work provided in Attachment A to the agreement outlines the process that will be used to assist the Council in the selection of the next Town Manager. A draft detailed schedule for the recruitment process is provide as the last page of Attachment A. Council will need to confirm the key meeting dates, including:

Candidate Profile Development
Virtual meetings scheduled with each Councilmember from September 18-29 Council may request consultant to interview other community members.

October 4, 2023, Regular Council meeting to finalize the candidate profile (Contractor in Person) Candidates Recommended for Interviews
December 13, 2023 – A Special Council meeting to review recommended candidates for interviews (Contractor will attend virtually)
Candidate Interviews – Proposed two step interview process. (Contractor in Person) January 11, 20024, Interview by professional panel to rank/recommend candidates for Council Interview
January 12, 2024 - Special Council meeting to interview and select top candidate.

Formal appointment date to be set through employment contract negotiations.

Town of Mammoth Lakes
Town Manager’s Office
437 Old Mammoth RD, Suite 230
P.O. Box 1609 Mammoth Lakes, CA 93546
Phone (760) 965-3601, Fax 934-7493
[email protected]
www.townofmammothlakes.ca.gov
August 16, 2023
Re: Letter Agreement for Town Manager Recruitment.

Dear Roberta Greathouse, Executive Recruiter, Peckham & McKenney:

PARTIES: This letter shall be our agreement ("Letter Agreement") regarding the professional related services described below ("Services") to be provided by City Management Advisors LLC, dba Peckham & McKenney Executive Search (“Contractor”) for the Town of Mammoth Lakes ("Town") in connection with Town's Town Manager recruitment process.

Contractor is retained as an independent contractor and is not an employee of the Town.

SERVICES; SCHEDULE OF PERFORMANCE; INSURANCE: The Services to be provided shall be as set forth in Exhibit "A", attached hereto and incorporated herein by reference.

The schedule for the Services shall be as set forth in Exhibit "A". Contractor shall, at all times during this engagement, maintain the insurance listed in Exhibit “A”.

GUARANTEE/ WARRANTY: If a candidate selected and appointed by Town terminates employment, or is terminated from employment, for any reason before the completion of the first 12 months of service, Contractor shall provide Town with the necessary services required to secure a replacement Town Manager. Such services shall be provided at no cost to the Town, other than Town reimbursing Contractor for actual expenses incurred in the second recruitment, currently estimated to be $8,000.

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

COMPENSATION: Town shall compensate Contractor for the Services in the amount of thirty thousand dollars ($30,000). Contractor shall submit invoice(s) to Town consistent with billing schedule stated in Exhibit “A” attached hereto and incorporated herein.

LAWS & REGULATIONS; EMPLOYEE/LABOR CERTIFICATIONS: Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements.

GOVERNING LAW; VENUE; GOVERNMENT CODE CLAIM COMPLIANCE; ATTORNEYS’ FEES: This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Mono County, State of California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et

seq. prior to filing any lawsuit against the Town. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the Town.

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 attorney's fees, as determined by the court.

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

ENTIRE AGREEMENT; CONSTRUCTION & CAPTIONS: This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement.

If you agree with the terms of this Letter Agreement, please indicate by signing and dating where indicated below. A fully executed copy will be returned for your records.

TOWN OF MAMMOTH LAKES
Approved by: Approved as to Form:
________________________________ ________________________________ John Wentworth Andrew Morris
Mayor Town Attorney

CONTRACTOR
Peckham & McKenney
Reviewed and Accepted by Contractor
________________________________
Roberta L. Greathouse
Executive Recruiter
Peckham & McKenney
________________________________
Date

ATTACHMENT A

DRAFT
Town of Mammoth Lakes
Recruitment for Town Manager
Proposed Search Schedule August 8, 2023

ACTIVITY TIME FRAME
I. Project Organization August 18 @ 11:00
 Conference call discussion of recruitment process with Town Manager  Formalize project schedule
II. Development of Candidate Profile Sept 18 - 29
 Virtual meeting #1 with Town Council & others – 9/18 – 29  On-site meeting #2 with Town Council October 4
 Develop Candidate Profile/Marketing Brochure
 Develop advertising and recruitment plan
III. Recruitment FILING DEADLINE IS 11/12/23 Oct 10 – Nov 12  Advertise, network, and electronically post in appropriate venues (4+ weeks)  Distribute Candidate Profile to industry professionals  Post opportunity on the Peckham & McKenney and Town websites  Focused outreach to individuals within the parameters of the Candidate Profile
 Respond to all inquiries and acknowledge all resumes received within 48 hours
IV. Preliminary Review and Interviews (P&M) Nov 27 & 28  Screen resumes and conduct Internet research
 Identify leading candidates and request supplemental questionnaires  Review supplemental questionnaires
 Conduct preliminary interviews with leading candidates V. Recommendation of Candidates for Panel Interview (special Meeting) Dec 13  Virtual meeting #3 to provide recommended candidates
 Town Council selects candidates for finalist interview panel process  Town identifies interview panel raters
 Peckham & McKenney notifies all candidates of status in recruitment process
VI. Interview Panel Process Jan 11 & 12, 2024
 On-site Meeting #4 to facilitate interviews – Professional Panel – Jan 11  Assist Town throughout process and provide recommendations  Town selects candidates or leading 2-4 candidates for further consideration
 On-site Meeting #5 to facilitate Town Council interview(s) - Jan 12.

VII. Qualification By January 26*
 Conduct thorough background checks on selected candidates  Provide offer negotiation assistance if desired
 Exceed expectations and successfully place candidate who “fits.”  *Assumes final selection is made January 12, 2023

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: 8/16/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Council finds and determines that the emergency repair 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

1 TOWN COUNCIL STAFF REPORT
Title: Housing Solutions Workshop Follow-Up.

Meeting Date: August 16, 2023
Prepared by: Dan Holler, Town Manager
Nolan Bobroff, Senior Planner / Housing Coordinator
Rob Patterson, Administrative Services / Finance Director RECOMMENDATION:

Discuss the feedback provided at the Housing Solutions Workshop and provide direction on the next steps.

BACKGROUND:

The Town Council held a facilitated public workshop (Special Town Council meeting) on July 27, 2023 to discuss various housing solutions and opportunities. The workshop was broken up into three topic areas that focused on (1) existing housing projects and programs, (2) future housing site opportunities, and (3) management of short-term rentals. Workshop attendees (estimated to be 75 people in attendance) were assigned to tables and each table was tasked with working together on the questions posed for each topic area. Responses from each table were documented on the Group Response Sheets (Attachment 1) and the responses are summarized below.

The Town Council held a facilitated public workshop (Special Town Council meeting) on July 27, 2023 to discuss various housing solutions and opportunities. The workshop was broken up into three topics areas that focused on (1) existing housing projects and programs, (2) future housing site opportunities, and (3) management of short-term rentals. Workshop attendees (estimated to be 75 people in attendance) were assigned to nine (9) tables and each table was tasked with working together on the questions posed for each topic area. Responses from each table were documented on the Group Response Sheets (Attachment 1) and the responses are summarized below.

A. EXERCISE 1: Ongoing Housing Programs and Policies (Responses based on 8 tables)  Responses were grouped into overarching themes and the number of tables that mentioned that theme is listed along with more specific concepts/notes.

1. What did you learn?
 Top Response(s): 75% of the tables responded that they learned about the housing needs and progress that has been made recently and 50% of the tables learned about the van life concept.

Theme # of Tables
Van Life
o Overnight parking area that is safe and secure
o Provision of basic amenities
4 of 8
(50%)
Accessory Dwelling Units (ADUs)
o Prescriptive Designs
3 of 8
(38%)
Area Median Income
o County-wide, and not Town specific
o AMI increased in 2023
3 of 8
(38%)
Needs and Progress
o 272 units underway
o 0 workforce units built recently, but a lot of market-rate development o 600 units needed per Housing Needs Assessment
6 of 8
(75%)

2 Infill Projects
o 60 Joaquin under construction
2 of 8
(25%)
The Parcel
o Ownership opportunities in Ph 3
o Higher level of development occurring than was known
2 of 8
(25%)
Capacity (# of entities working on housing) 2 of 8
(25%)

2. What do you like/support?
 Top Response(s): 63% of the tables responded that they liked the van life concept and 50% mentioned that they learned about the ongoing housing programs that are addressing the current housing shortage.

Theme # of Tables
Van Life
o Overnight parking area that is safe and secure
o Provision of basic amenities
5 of 8
(63%)
STR Van Parking Opportunities
o Overnight parking at hotels for nominal fee
1 of 8
(13%)
Accessory Dwelling Units (ADUs)
o Prescriptive Designs
o Incentives to rent long-term
3 of 8
(38%)
Housing Programs to Address Current Short-Fall 4 of 8
(50%)
The Parcel
o Allowance for higher AMIs
3 of 8
(38%)
Infill Projects
o Ownership opportunities
2 of 8
(25%)
Flexible Funding Sources (e.g., Town General Fund) 3 of 8 (38%)

3. What do you not like/support?
 Top Response(s): 63% of the tables responded that they did not like the AMI limits because they were too restrictive.

Theme # of Tables
AMIs
o Local incomes exceed AMI limits
5 of 8
(63%)
Vacant 2nd Homes 1 of 8
(13%)
No limits on STRs 1 of 8
(13%)
0 workforce housing units built recently 1 of 8
(13%)
Lack of data on current needs
o Needs Assessment is from 2017
o Employer needs
o AMIs of employment sectors and desired types of housing 1 of 8
(13%)
STR Van Parking
o Limited parking available
1 of 8
(13%)
Lack of community partnerships to address housing issues 2 of 8 (25%)

4. What is missing?

3  Top Response(s): 38% of the tables responded that there needs to be more creative funding strategies.

Theme # of Tables
Van Life
o Additional amenities (shared kitchen, indoor common area) 1 of 8
(13%)
Creative Funding Strategies
o Less restrictive funding
o General obligation bonds
3 of 8
(38%)
TOT Management
o Over issuance of TOT certs
1 of 8
(13%)
ADUs
o Prefab manufacturer
o Cost to construct prescriptive designs
2 of 8
(25%)
Land Acquisition Opportunities
o Incentives for property owners to sell vacant land
o Federal/State land opportunities
o Vacant land outside of the Town
2 of 8
(25%)
Conversion of STRs to Long-Term Rentals
o Encourage STR owners and others to rent long-term
2 o 8
(25%)
Deed-Restriction Enforcement 1 of 8
(13%)
Data
o Information on people not being served
1 of 8
(13%)
B. EXERCISE 2: Future Housing Projects (Responses based on 9 tables)

1. Of the three sites presented, which site should the Town prioritize for future master planning and site development?
 67% of the tables prioritized the Mammoth Lakes Foundation site Site # of Tables
Bell-Shaped Parcel 2 of 9 (22%)
Community Center Site 0 of 9 (0%)
Mammoth Lakes Foundation Site 6 of 9 (67%)
* 1 table did not select a site

2. Select most appropriate density range for each site.

Site
Bell-Shaped Parcel Medium-High**
Community Center Site Medium*
Mammoth Lakes Foundation Site Medium-High**
* Medium Density: Duplex and Triplex units
** Medium-High Density: 4-plex – 8-plex

3. What characteristics/amenities should a future housing project include?  Responses were grouped into overarching themes and the number of tables that mentioned that theme is listed along with more specific concepts/notes.  Top Response(s): 89% said a housing project should include sufficient parking and 44% said the project should include storage/garages and daycare.

Amenities # of Tables
Storage / Garages 4 of 9 (44%)
Parking
o Under-structure
8 of 9 (89%)

4 o Secure bike parking
Recreation Amenities
o BMX park
o Year-round pool
o All-purpose trails
o Sports courts
3 of 9 (33%)
Daycare 4 of 9 (44%)
Snow Storage 1 of 9 (11%)
Design
o Thick walls for privacy
o Quality construction
o Dorm-style/Small units
3 of 9 (33%)
Green Space / Parks 2 of 9 (22%)
Pet Friendly 1 of 9 (11%)
Transit
o Transit hub
o Close to bus routes / MUPs
o Consistent year-round routes
3 of 9 (33%)
Landscaping / Community Garden 2 of 9 (22%)
Commercial Space
o Micro-restaurant spaces
o Market
1 of 9 (11%)
C. EXERCISE 3: Short-Term Rental Management Strategies (Responses based on 9 tables)

1. Rank the support for possible management plans?
Management Plan
Current STR Management Plan Most Supported
(Average Score of 1.1)
STR Restrictions or Reductions Medium Support
(Average Score of 2.2)
Facilitate Conversion to Long Term Rentals or Ownership Medium Support (Average Score of 1.9)
Ban STRs Outside of Resort Zones Least Supported
(Average Score of 3.2)
Average Scores: 1 is most supported; 4 is least supported

2. Adjustments to work plans / Alternatives to work plans to balance housing/visitor lodging o Give local F/T residents priority in obtaining TOT certs to retain revenue locally o Join NAR study
o Incentivize owners to convert to long-term
o Educate new owners
o Target empty houses for conversion to long-term rentals o Same requirements for an STR as a hotel (e.g., sprinkler systems) o Set restrictions for each complex – HOA to enforce (e.g., % of units allowed to rent shortterm, cap on the number of nights a complex could rent that are spread among units) o Restrict number of STRs a single owner/entity could own o Build more hotels to shift guests to hotels, rather than STRs o Market the housing problems to the guests and explain how it affects the local economy (i.e. labor shortages)

5 o How does this affect Spanish-speaking community/working class/hourly employees. Not represented at all
D. PERSONAL RESPONSE SHEETS: Workshop attendees were asked to write down their individual thoughts and comments on the material presented and discussed at the workshop. 34 Personal Response Sheets were collected, and those sheets are included as Attachment 2.

NEXT-STEPS:

1. Ongoing Work Program (Near-Term)
o The Parcel: Continue to support the Parcel development and look for additional funding opportunities
o Infill Development Sites: Continue to look for additional infill opportunities and funding to develop those sites as opportunities arise. Complete, and sell to eligible households, the four units currently under construction at 60 Joaquin Road. o Van-Life Parking: Work to implement a Van-Life Parking concept through a potential partnership with Mono County
o ADUs: Consider incentives to rent ADUs long-term; Encourage use of prescriptive designs

2. Future Work Program (Long-Term)
The following summarizes the steps that would be necessary for the development of each opportunity site.
o Bell-Shaped Parcel
o Zoning Code Amendment (Open-Space - ?)
o Environmental Review
o Master Plan
o Development Entitlements
o Property will need to remain in Town ownership through FY29-30, as it was used for debt security
o Community Center Site
o Development Entitlements (NVSP currently allows all proposed uses) o Environmental Conformance Review (determine if project is consistent with existing NVSP EIR)
o Mammoth Lakes Foundation Site
o Execute agreement with Mammoth Lakes Foundation (and possibly Southern Mono Healthcare District) to partner on future development projects o Environmental Review
o Potential Zone Change
o Master Plan
o Development Entitlements

3. STR Management
o Conduct localized economic analysis. Potentially a joint-effort with Mono County o Continue the enforcement program, including the planned enhancements o Determine what the objectives, goals, and actions are for a program to encourage the transition of short-term rentals to long-term rentals o Consider a limited pause on new certificates to complete the economic analysis and launch of the enhanced enforcement program

6 SUMMARY:

The overall discussion, facilitation, input, and other comments were beneficial to staff and council as we continue to refine options to address short- and long-term housing needs.

Attachments:

1. Group Response Sheets

2. Personal Response Sheets

3. Presentation

Facilitator Introduction
Stacy Corless, Sierra Business Council (SBC)
Government & Community Affairs DirectorAbout SBCHistory with Town of Mammoth Lakes SBC facilitation at 2017 Community Housing Action Plan Process What is facilitation

Workshop Goals

1. Be part of our local housing solution!

2. Learn about current Town of Mammoth Lakes housing programs

3. Provide feedback on current housing programs

4. Contribute to direction of future housing programs

Ground Rules

1. Participate in the workshop and exercises, individually and with your group

2. Be civil3. Be respectful4. Be creative and open to new ideas

5. Use comment cards to share your thoughts outside the group exercises

Process & Paper
What the colors and sizes of paper mean!
White 11x17 = Group Responses, to be collected by Town staff Pink 8.5x11 = Individual Comments, to be collected by Town staff Green 8.5x11 = Personal Reflections/Notes, not to be collected

ICEBREAKER
Interview Your Neighbor!Ask someone at your table to respond to this question in 1 minute or less:What brought you to Mammoth?

The Need
7 The Town needs housing!• Existing rentals cannot absorb new workers filling jobs• Long‐term rentals have decreased• Shortage of homes for sale (especially affordable units to “middle income” or “lower income” households
• Increased competition for housing• Increased prices, decreased affordability• Increase of employee in‐commuting • Increased number of unfilled jobs
595 units needed 330 Units to Catch‐Up
• 275 Units to Keep‐Up
Rental vs Ownership• 54% Rental Units (320 units)
• 46% Ownership Units (275 units)
Source: Housing Needs Assessment, 2017

Key Housing Terms
8 Affordable housing. Housing that is restricted to a rental rate or sales price for which the occupant(s) is/are payingapproximately 30 percent of their gross income for housing costs, adjusted for household size.Area Median Income (AMI). The household income for the median – or the middle – household in a region (Mono County). Income data is updated annually by HUD and HCD.Community Housing. Housing that is intended to be affordable for and occupied by residents of the community.Deed Restriction. A recorded contract entered into between the Town of Mammoth Lakes or its designee and theowner or purchaser of real property identifying the conditions of occupancy and resale.Housing Element. A required element of all California city general plans, housing elements identify and analyzehousing needs and include goals, objectives, policies and programs for providing a city’s fair share of affordablehousing needs. Although state law mandates that jurisdictions rezone enough land to meet their regional housingneeds allocation and each jurisdiction is required to have an approved housing element, jurisdictions retain localland use control and Housing Elements are only plans for housing.Missing Middle. Housing that is affordable to residents and the workforce earning over 80% AMI, yet cannot affordmarket‐rate housing. This generally refers to households earning between 80% AMI up to 200% AMI.

Workforce Housing. Housing that is restricted for rent or purchase by individuals and households working in the community of Mammoth Lakes. Workforce Housing is Affordable Housing for workers.

Area Median Income (AMI)
(Mono County)
9 INCOME LIMITS https://www.townofmammothlakes.ca.gov/DocumentCenter/View/11723 Household Size
1234567 8
Acutely‐Low (≤ 15% AMI) $10,050 $11,500 $12,900 $14,350 $15,500 $16,650 $17,800 $18,950 Extremely‐Low (16% ‐ 30% AMI) $17,850 $20,400 $24,860 $30,000 $35,140 $40,280 $45,420 $50,560 Very‐Low (31% ‐ 50% AMI) $29,750 $34,000 $38,250 $42,500 $45,900 $49,300 $52,700 $56,100Low (51% ‐ 80% AMI) $47,600 $54,400 $61,200 $68,000 $73,450 $78,900 $84,350 $89,800Median (81% ‐ 100% AMI) $67,050 $76,650 $76,200 $95,800 $103,450 $111,150 $118,800 $126,450 Moderate (101% ‐ 120% AMI) $80,450 $91,950 $103,450 $114,950 $124,150 $133,350 $142,550 $151,750 121% ‐ 150% AMI $100,600 $114,950 $129,350 $143,700 $155,200 $166,700 $178,200 $189,700 151% ‐ 200% AMI $134,100 $153,300 $172,450 $191,600 $206,950 $222,250 $237,600 $252,900 AMI is the householdincome for the median – orthe middle – household ina region (Mono County).The income data is updatedannually by the USDepartment of UrbanDevelopment (HUD) andthe CA Department ofHousing and CommunityDevelopment (HCD).

Based on CA Income Limits
Federal Median Income is $95,800

Current Town Projects and Programs
to Address the Housing Issues

Up to 450 affordable housing units
25 AcresTarget Income Level: ≤ 80% AMI (The Master Plan allows for income limits up to 120% AMI and allows for up to 15% of the total units within the development to be available to households earning 120‐200% AMI.)
Phase 181 rental units under construction (80 affordable units + 1 manager’s unit)
Studio, 1, 2, and 3‐bedroom units
Occupancy Winter 2023Public Park + Childcare Facility (34 children) Phase 2148 rental units (1‐2 manager’s units)
2 Development Phases (2.A and 2.B)
Studio, 1, 2, and 3‐bedroom units
Grading is anticipated to begin Fall 2023 (tentative)
Phase 3 (tentative)
49 for‐sale ownership units within 10 buildings2 Development Phases (3.A and 3.B) 2 and 3‐bedroom townhome units
The Parcel
11 Low Income Household(≤ 80% AMI)
1‐Person HH $47,600
2‐Person HH $54,500
3‐Person HH $61,200
4‐Person HH $68,000
5‐Person HH $73,450

60 Joaquin Road (0.20‐acre site)
4‐unit Design‐Build ProjectOwnership units$2.4M Bid Award (Site Acquisition: $200K) Target Income Level: 150% AMI
Construction began Summer 2023
Small Site Development
12 Above‐Moderate Household
(≤ 150% AMI)
1‐Person HH $100,600
2‐Person HH $114,950
3‐Person HH $129,350
4‐Person HH $143,700
5‐Person HH $155,200
Future Sites
Replicable model
1 site in escrowand looking for
other infill sites

Partnership Projects (MLH + Town)
13 • Access Apartments
(238 Sierra Manor Road)
• (11) 1‐br apartments• Targeting 80% AMI
Households
• Homekey Project – Innsbruck Lodge (913 Forest Trail)
• Convert hotel to residential use (15 affordable units + 1 manager’s unit) • Targeting those who are homeless and at‐risk of becoming homeless • 2 units will be restricted to households earning 30% AMI or below • Occupancy for remaining units determined by ‘greatest need’ • Occupancy Winter 2023
Low Income Household(≤ 80% AMI)
1‐Person HH $47,600
2‐Person HH $54,500
3‐Person HH $61,200
4‐Person HH $68,000
5‐Person HH $73,450

Bridge Program
14 • Convert Market‐Rate Unit  Deed Restricted Affordable Unit • Deed restriction runs for 55 years and renews upon each sale• Target Income Level: 120% ‐ 150% AMI• Town Subsidy of $100K ‐ $150K / unit • 6 units acquired (Range of Studio –4‐br units)
• (5) have been sold to eligible households • (1) unit to be listed for‐sale soon $311,350
$405,900
$563,200
$358,600
$464,800
$642,000
$505,000
$739,375
$1,083,500
$‐ $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 120% AFFORDABLE PRICE
150% AFFORDABLE PRICE
200% AFFORDABLE PRICE
1‐BR MEDIAN CONDO (2021‐2022)2‐BR MEDIAN CONDO (2021‐2022)3‐BR MEDIAN CONDO (2021‐2022) Affordability Gap
1‐BR / 2‐BR / 3‐BR Condos
Moderate Household(≤ 120% AMI)1‐Person HH $80,450
2‐Person HH $91,950
3‐Person HH $103,450
4‐Person HH $114,950
5‐Person HH $124,150
2021 ‐ 2022

15

Programs & Policies
16 Van Life (Concept Program)Legal, safe parking area for vehicle dwellersBasic amenities on‐site (showers, toilets, trash, hook‐ups, snow removal) Nominal monthly fee (covers amenities + on‐site host)
Limited to those employed in the regionPolicy to address vacation van life population Accessory Dwelling Units (ADUs)
Prescriptive Designs (5 designs available). Sizes range from 450 – 1,030 sq ft Evaluating programs/policies to incentivize construction and long‐term renting of ADUs Allowed town‐ and county‐wide in all residential areasExpedited review Revolving Loan Fund (RLF)
Town ($1M) and County ($300K) funds available for the buy‐back of existing deed‐restricted units
Provides the Town and MLH first‐right of refusal for deed‐restricted units

Council Questions on Presentation

What did you learn?
What do you like/support?
What don’t you like/support?
What’s missing?
Breakout Session #1

Town Council Comments on Breakout
Session #1

Future [Potential] Town Projects to
Continue to Address the Housing
Issues

◦ Following site designs are conceptual only intended to solicit feedback
◦ Looking for feedback to prioritize future master planning and site development
◦ These sites are Town owned or owned by entities open to partnering with the Town
Opportunity Sites

Two Parcels
‐ Northern Parcel: 8.3 acres
Recreational opportunities (events
center with stage, park, snow play
area, multi‐use courts)‐ Southern Parcel: 8.45 acres100 units (~12 units/acre) TOML OwnedSteps to be development ready:
‐ Environmental Review
‐ Zone Change‐ Master Plan
‐ Development entitlements
Opportunity Site #1: Bell‐Shaped Parcel
22 Located at the southwest corner of Minaret Road and Meridian Blvd.

Two Parcels: 4.85 acres
‐ 20 units (4 units/acre)
‐ Maintains existing community
amenities (community center,
sports courts, parking)
TOML OwnedSteps to be development ready:
‐ Development entitlements
Opportunity Site #2: Community Center
23 Located at the northeast corner of Minaret Road and Forest Trail

Three Parcels: ~38 acres
‐ 100 – 200 units‐ Opportunities formedium‐ to high‐densityhousing types ‐ Recreational and Arts
Opportunities (Daycare,
parking, theater, outdoorevents, dog park)
Northwest and East
Parcels: Mammoth Lakes
Foundation OwnedSouthwest Parcel:Mammoth Lakes
Foundation and Southern
Mono Healthcare District
Owned
Steps to be development
ready:‐ Environmental Review
‐ Potential Zone Change‐ Master Plan
‐ Developmententitlements
Opportunity Site #3: Mammoth Lakes
Foundation Site
24 Located South of Meridian Blvd. and East of Cerro Coso College and the Edison Theatre

Town Council Questions on Presentation

1. Of the 3 sites presented, which site should the Town prioritize for future master planning and site development?

2. For each site, which density range do you think is most appropriate? (circle one) ◦ Bell Shaped Parcel: Low Medium High
◦ Community Center: Low Medium High
◦ Foundation Site: Low Medium High

3. What characteristics/amenities should a future Town
housing project include?
Breakout Session #2

Town Council Comments on Breakout
Session #2

10 Minute Break

Short‐Term Rental Management
Strategies

STR Management and Enforcement
30 Town Staff – 4 full‐time, 1 part‐time• Business Tax Certificates – Schedule E ‐ multi unit (Hotel / Motel), Schedule F ‐ short term rentals • TOT Certificates – Required for all residential transient rental units (condos, town‐homes, single family)• Transient Rental Inspections – Establishes occupancy limits as well as compliance with all standards and conditions of operating a transient rental
• Monthly collection of TOT and TBID, penalties and interest for delinquent payments, correspondence Enforcement Process• Revenue (legal zone but no license), Zoning (operating in an unpermitted zone)• Online Monitoring – “Rentalscape” • Daily review of all advertisements posted in the town. (Capture existence, rates and calendars)• Compares daily changes in the calendar to record booked or owner reserved, using published rate• Report any advertisement outside of zone or without required licenses identified • Staff Review and analysis of reports, data or trends, including booking suspected illegal units.• Initial contact ‐ $1,500 citation (waived if operator responds within 15 days)• Second citation 3,000• Assessments conducted using the published nightly rate with an average number of nights booked for the time period, going back 3 years, to determine revenue activity, penalties and interest owed • Third citation $5,000 per day, each day is a new violation

Enforcement Focus
31 Audit
• Audits are augmented by daily monitoring and analysis – estimated revenue compared to actual• 1‐3 months analysis can lead to 3‐year audits• 3‐4 are in process at all times.

Enforcement Case Study• Operator responds to initial contact • Provide actual (verifiable) rental data, compiled in a notice of determination (NOD) • NOD determines the amount owed including P&I by month, fines for health order violations, administrative citations and enforcement charges
• Citation Appeal Hearing – Town Staff with Hearing Officer – only review citations and reason for delay in response
• Appeal to Town Council – All aspects of NOD are under review and can be adjusted Enforcement tools and procedures are designed to support legal rental operators. Instituting the strictest penalties allowed by the State of California on those choosing not to follow rules.

Most individuals involved in enforcement cases are surprised by significance of fines and the speed in which they accumulate.

Enforcement Focus
32 0
102030405060708090
100
2023 2022 2021 2020 2019 2018
Enforcement Cases by Fiscal Year

Enforcement Focus
33 $399,876
$339,289 $336,555
$178,030
$219,294
$445,015
$‐
$50,000
$100,000$150,000$200,000$250,000$300,000$350,000$400,000$450,000$500,000 2023 2022 2021 2020 2019 2018
TOT Enforcement Revenue

Certified Properties
34 Key Points• Establish a relationship between Town and Property Owner • Most issues with enforcement stem from lack of understanding transient rentals are a business and the owner is ultimately responsible for the activity • By collecting accurate contact information, we can quickly alert owners of nuisance activity • Reverse of our current process, property first and business second. Focus on quality of life• Property Inspections every 4 years – life safety and quality control of the rental pool • Currently only during initial application or change in ownership • Local 24‐hour emergency contact verified by signature. Cleaning service businesses required to be legal operators
• Data tracking (revenue as well as stats on number of nights rented and nights available by unit)• Better enforcement – revocation of Certified Property status possible • Interactive online Property Map that provides rental property information (operator name, maximum occupancy, 24‐hour contact, maximum nightly room rate, trash disposal information) • Set for Implementation – Fall 2023

Overview of STR Management Options
35 • 1. STR Management – Continue with current work programs around Certified Property program, establishing owner relationships, maximize fines and penalties including revocation of STR Certificate
• 2. STR Restrictions and/or Reduction – Pause issuance of STRs outside of Resort Zone. Two‐year process to review potential zoning changes. Limit number of units or number of rental days per unit allowed for rental. Conduct economic study on impacts of STR
• 3. Facilitate conversion to Long Term Rentals or Ownership • Develop program with structured long term lease agreement with availability for owner occupied periods of time.
• Subsidy for rental management if STR converts to long‐term rental for defined period of time • Amnesty for P&I and enforcement charges if STR violator enters in long‐term rental for at least 3 years. • Focus on lower earning STR’s to convert to long‐term with incentives (lower volume, lower subsidy) • 4. Limit STR to Resort Zones Only

Town Council Questions on Presentation

Breakout Session #3

1. Rank your support for the possible management plans (1 – Most Support, 4 – Least Support)
 Current STR Management Plan – Including Certified
Properties, Maximum fines.
 STR Restrictions or Reductions – Number of Units or
Number of Days, Study
 Facilitate conversion to Long Term Rentals or Ownership  Ban STR outside of Resort Zones

2. Are there minor adjustments to the identified work plans that could make them more effective?3. Other alternatives to identified work plans that would balance between resort community attracting visitation and preservation of local housing units?

Town Council Comments on Breakout
Session #3/Final Council Comments

Thank you for attending and
participating in today’s Housing
Workshop!
Next Steps:‐ The ‘Group Comment Sheets’ and ‘Individual Thoughts and Comments Sheets’ will be collected by the Town.
‐ Staff will prepare a report for a future Town Council meeting summarizing the comments from the response sheets and comments made at the workshop. ‐ Staff will be looking to Town Council for direction at a future Council meeting on the topics discussed at the workshop.

1 TOWN COUNCIL STAFF REPORT
Title: Consideration and Direction on Increase of Parking Citation Fees Meeting Date: August 16, 2023
Prepared by: Dan Casabian, Interim Chief of Police
RECOMMENDATION:

The Mammoth Lakes Police Department is seeking the Council direction on increasing Parking Related Citation Fees.

BACKGROUND:

The current fee structure has been in place since at least 2002. The Department has seen a significant increase in non-compliance with parking laws over the last several years. This is especially prevalent during the winter months, when drivers choose to pay a citation in order to park closer to the ski lifts. Parking citations are not serving as a deterrent to illegal parking activities. The majority of the Town’s Citations carry a $45 fee, which is similar to paying for parking. The number of complaints regarding illegal parking and the incidents of illegal parking blocking roads and impeding access to residences and business has increased.

A fee comparison was made with other departments’ parking citation programs located in ski resort destinations. This comparison shows that the Town of Mammoth Lakes is assessing lower than average parking citation fees. The recommended fee is to increase the $45 fee to $110. Additional increases are recommended for illegal parking in a handicapped zone, in front of a fire hydrant or in a fire lane, and obstructing snow removal.

The attached chart provides a comparison of the current fees and proposed increases. A sample of comparative citation fees from the City of Big Bear and Vail is provided.

Staff is requesting Council direction on increasing parking citations fees and direction to bring back a resolution implementing the new fees. An outreach effort will be made to inform residents and others of the increased fees. Implementation of the new fees may be set to take effect November 1, to provide time to inform the community of the change.

FINANCIAL CONSIDERATIONS:

The primary purpose for increasing parking citation fees is to gain a higher level of compliance with the Town’s parking regulations. The limits on parking are there for public safety purposes and to insure private property access. The increase in fees may provide additional revenue to the Town, which helps offset the cost of enforcement.

Parking Citation Fees and Comparisons

1 TOWN COUNCIL STAFF REPORT
Title: Update and Direction to proceed with Work Program for New Town Office Facility
Meeting Date: August 16, 2023
Prepared by: Daniel C. Holler, Town Manager
RECOMMENDATION:

Provide Staff direction on proceeding with Work Program for New Town Office Facility based on the information provide in the staff report with a planned completion date of September 2026
BACKGROUND:

Staff has presented several reports and options regarding securing a permanent Town Office, versus continuing to rent space. At the end of this report a historical review is provided related to the Town and other agencies taking action to be part of a large Civic Center located with the current Police Station, Courts and County Offices. The information presented here defines a path forward, with options, to pursue a new Town Office Facility.

As previously directed, staff has taken a slow, measured approach to moving this project forward. During this time staff has continued to refine the space program, had the opportunity to apply for grant funds for expanded services, and has a viable financial plan for proceeding with or without grant funding.

Staff is recommending the work program to finalize concept plans in October/September (options with or without grant funding) and authorization to start development design work with transition to construction documents in preparation for bidding. Staff will bring Council updates on the design concepts for review and final designs as the work proceeds.

Council has allocated $2.2 million for this work.

ANALYSIS:

New Town Office Facility Overview
Over the past several months staff have continued to work on the concept designs for a New Town Office Facility. On December 7, 2022 Council provided staff with direction to proceed with the concept design work necessary to evaluate programming of space and cost estimates. A contract was executed with HMC Architects for this initial work. Council previously approved a lease extension for the current space through September 2025, with two, one year extension options. The current work program targets a new building being ready by September 2026. The new office project was defined as important but not urgent

2 and therefor the plan is to use one of the extension options. The location of the new facility is on property owned by the Town, next to the current Mono County Offices. Details and history on the site are provided later in this report.

The design work has focused on three building elements. 1. A two-story office section encompassing approximately 15,000 square feet. 2. A single-story council chambers and lobby area with support spaces of approximately 5,600 square feet. 3. A community resilience center with bunk room, warming/cooling center, community kitchen and restroom spaces. The total square footage without the Community Resilience Center is 1,000 +/- feet more than the current leased space of 17,400+/-. While working on the design and reviewing layout options and scope of the programed space, the State issued a notice of grant funding for Community Resilience Centers. The Grant appears to support an expanded facility to meet specific grant program requirements and maximizes the use of Council Chambers and lobby space as well. The grant program is discussed below.

Two preliminary design options and related funding structures are being prepared and will be finalized based on Council direction and grant funding. Grant awards are anticipated to be made this summer. We have not been notified of an award to date. The first concept incorporates space based on a successful grant. The second approach reduces the overall square footage and eliminates the Community Resilience Center space. Staff is reviewing the option to design the reduced facility for future expansion should funding be available for the Community Resilience Center or a similar project in the future. The same approach was taken with the Police Department which is designed to be expanded by 1,000+/- square feet.

The attached floor plans are still in draft form but show the full scope of the programmed area of approximately 23,600 square feet. The details of the office space layout are still under review and a final design is dependent on the level of funding. Without the grant funding, office space will need to be reduced by approximately 1,000 square feet, from 15,000 to 14,000. The lobby area will need to be re-programed to incorporate additional support space and reduced by an estimated 1,100 square feet. The Council Chambers/lobby area as shown incorporates the expanded space under the Community Resilience Center option. The floor plan without the Community Resilience Center space is approximately 18,600 square feet.

Grant Application for Community Resilience Center Components The Town applied for a $12.6 Million grant under the California Department of Food and Agriculture’s (CDFA) Community Resilience Centers (Resilience Center) Program. The purpose of the California Department of Food and Agriculture’s (CDFA) Community Resilience Centers Program is to build local resilience across California communities by improving community facilities. It is a priority of the Resilience Center program to fund resilience center projects in disadvantaged communities and disadvantaged unincorporated communities, or sites serving these communities. The Program builds on this foundation, in alignment with California’s Statewide Adaptation Strategy and other efforts, to build local resilience across California communities.

3 The Resilience Center Program will focus on improving community facilities to enhance the State’s emergency preparedness capabilities, particularly in response to climate change.

Funding shall be used to support infrastructure for emergency evacuation, shelter, base camps during emergency events, and critical deferred maintenance. Elements for this infrastructure may include cooling and heating centers, clean air centers, and extended emergency evacuation response centers, equipped with community kitchens, shower facilities, broadband, back-up power, and other community needs during an emergency or climate events.

A secondary goal of the Resilience Center Program is to equip facilities to provide longterm, year-round community services and activities to enhance the community’s resilience through civic, social, educational, and economic development programming.

The proposed Resilience Center elements incorporated into the concept design for the New Town Office is structured to support the goals of the Program. This design incorporates the following:
 Space for both short- and longer-term emergency operations is provided.  For larger operations the Council chambers, meeting rooms, and other support facilities are available.
 The Resource Center is located adjacent to services provided by Mono County and the Town Police Department.
 Space for a small number of overnight evacuees or first responders (restrooms, showers, kitchen etc.).
 The facility will have backup power to serve as a heating and cooling center.  HVAC system and backup power also provides functionality for a clean air center.  Space has a kitchen to meet needs during an emergency and may be used for other community educational programs and/or food donation/give away location.  The facility will be connected to Digital 395 for Broadband service.  Space may be provided to support the Eastern Sierra Small Business Resource Center.
 Space may be used as a community resource for training, educational and information sharing.

If this grant is unsuccessful the Town will apply for a similar program for $10 million in funding to meet the same needs as outlined above. The additional space required for primary uses in the Resilience Center is approximately 3,000 square feet. The program design incorporates another 5,600 square feet that includes expanded services areas and the Council Chambers. If the Town is not awarded the grant funds, the scope of the overall facility design will need to be reduced as discussed above. If the Town is awarded the lower grant amount of $10 million, then the scope will be refined to meet the requirements of the grant, with some reductions in overall space layout.

4 FINANCIAL CONSIDERATIONS:

Financial and Space Considerations
The financial model has two options based on whether or not the Town receives the Resilience Center grant of $12.6 Million. With the grant, a 23,600 square foot building is projected. Without the grant the building size will be reduced to 18,500 square feet. The initial cost estimate uses a high estimated value of all the building and site work. Off-site work for utilities, road, sidewalks, EV capacity, and parking is $4,000,000 The per square foot building cost is estimated at $1,000 per square foot. These estimates are rough and assume that current construction costs will increase as the project moves forward. The cost incorporates all elements of the project such as furniture and fixtures, signage, AV improvements, updated office systems, soft costs, permits, etc. The higher cost estimate reduces the risk of needing to value engineer the project to meet a lower budget target. This is one of the lessons learned from reviewing other recent public building projects that fell short in areas such as: AV/Technology, furnishings, soundproofing, adequately sized and number of offices/workspaces, adequate support and storage space, snow management plans, work/meeting space, undergrounding/up-sizing of infrastructure, and public facing service counters. The space layout incorporates an approach to allow for some moderate employee growth over time as well as changes in the work environment and the use of enhanced technology. The plan has additional meeting rooms and storage space and meets updated code requirements.

The cost estimate for the larger facility (includes the Resilience Center) is $27,600,000.

Reduction in scope reduces the cost to $22,500,000. Space and cost are summarized as follows:

Debt financing is to be used to fully fund the project. For Option 1 debt issuance at a level to secure $15,000,000 in funding is assumed. For Option 2 debt issuance is at a level to Element
Sq Ft with
Grant-Option 1
Sq Ft WithoutGrant Option 2
Office Space 2 Stories 15,000 14000
Council Chambers 2,000 2000
Lobby, RR, Storage etc. 3,600 2500
RC added Space 3,000 -
Total sq ft 23,600 18,500
Work program
Cost with
Grant
Cost Without
Grant
Off Site & Infrastructure $ 4,000,000 $ 4,000,000
$1,000 Per Square Foot $ 23,600,000 $ 18,500,000
Total $ 27,600,000 $ 22,500,000

5 secure $22,000,000. The Town will need to provide an additional $500,000 in funding or savings. The term of debt on Option 1 is 20 years and 25 years for Option 2. The interest rates are currently projected at 5.64% and 5.74% respectively. The debt includes 2.5 years of capitalized interest, which reflects the construction timeline with debt being issued in June 2024. The timing secures the funding for the Town to secure bids and begin the construction process. Construction schedule is estimated at 2.5 years, with a move in date prior to September 1, 2026. The first debt service payment due from the Town is June 6, 2027 (Fiscal Year 2026-27). If Council direction is to proceed, staff will spend time to firm up the debt estimates and refine cost projections. Interest rates are best estimates and subject to change as well.

The debt structure assumes wrapping in existing debt as outstanding bonds are paid off.

Funds used for internal loan payments are also assumed to be used for debt service. The debt service structure assumes lower principal payments in the early years and increases as existing debt is retired. Existing debt service includes three current debt payments. The first is the payment of internal debt from the General Fund to the vehicle replacement fund.

The minimum payment is $340,000. This debt is anticipated to be fully repaid prior to the first debt service payment. The second is the payment for lease revenue bonds used to fund the police station. Annual payment is approximately $315,000. This debt will be paid off in FY28-29, with the final payment the following year to be made from the bond debt reserve. Starting in FY29-30 $315,000 will be available for the new debt. The third debt is payment on the Airport related Judgement Bonds used to retire the settlement payment.

The Town allocates $2M per year for this debt. This is approximately $130,000 more than what is owed which is available to use for the proposed debt. The bonds will be paid off in FY35-36, at which time the additional $1,870,031 will be available for the new debt. The last funding source is the use of the lease payment made on the current Town Office space and a portion of the CAM (Common Area Maintenance) charges, for a net total of $375,000 per year. The model assumes $100,000 per year in ongoing operating cost of the new building from current CAM charges. The first fiscal year will be lower due to the timing of moving Town operations out of the existing building planned for September 2026. The following chart provides an overview of the net additional cost or savings (noted as a negative) to the general fund.

6 Wrapping current debt in the proposed debt for the new office facility results in a net cost to the General Fund of $35,311 on the net $15M issuance over a 10-year period, which is an average of $3,531 per year. The net cost to the General Fund over the 10-year period of the net $22M debt issuance is $2,999,491, or $300,000 per year on average. Funds may also be set aside during construction to offset additional debt payments. The additional debt service may be pre-funded with unallocated TOT (or other sources) revenues or may be included in the annual operating budget. Beginning in FY36-37 there is net cash flow to the General Fund. These numbers will be refined as the project progresses. While there is a net impact to the General Fund over the first ten-year payment period starting in FY26-

27. The additional debt burden is relatively low.

SUMMARY:

The proposed new Town Office Facility is a financially viable project designed to meet the current and future operations of the Town. If the proposed State Grant is received, the cost to the Town will be reduced and the scope of services provided to the community enhanced.

Staff are recommending Council authorize staff to work with HMC Architects to continue the design process. The detailed design work is needed to refine cost estimates and finalize operational needs and construction means necessary to complete the work by September 2026. The Council has previously set aside $1.9 million for the design, work which was recently augmented with an additional $300,000, in part due to the added space potential and to ensure that adequate funding is available to prepare design and construction documents. An updated schedule, cost estimate, and full debt service schedules will be provided as the project concept designs are completed.

DRAFT $15M $22M
$16.780M $25.380M
$15M Debt $22M Debt Net Net
$12.6M Grant 25 Years Gen. Gen.

2.5 yrs. Cap Int 20 Years 5.63893% Int. 5.72469% Fund Fund Cap. Interest $ 1,935,688 $ 2,889,780
FY26-27 $ 487,137 $ 677,956 $(264,113) $ (73,294)
FY27-28 $ 914,275 $ 1,250,912 $ 69,275 $ 405,912
FY28-29 $ 912,025 $ 1,245,912 $ 67,025 $ 400,912
FY29-30 $ 914,525 $ 1,240,912 $(245,475) $ 80,912
FY30-31 $ 1,226,525 $ 1,235,912 $ 66,525 $ 75,912
FY31-32 $ 1,227,525 $ 1,630,912 $ 67,525 $ 470,912
FY32-33 $ 1,227,275 $ 1,605,912 $ 67,275 $ 445,912
FY33-34 $ 1,230,775 $ 1,580,912 $ 70,775 $ 420,912
FY34-35 $ 1,227,775 $ 1,555,912 $ 67,775 $ 395,912
FY35-36 $ 1,228,525 $ 1,530,912 $ 68,525 $ 370,912
FY36-37 $ 1,952,775 $ 2,205,912 $(422,225) $ (169,088)
Debt Issued June 2024

7 Historical Background
Vision of a Civic Center for Mammoth Lakes
The Town has done significant planning work over the past 15+ years, identifying the Mammoth Community Facilities Land Exchange (McFlex) parcel as a future Civic Center site, with the intention of building public administrative offices and other public uses on the site. The history of the McFlex parcel is complicated, but in simple terms, the overall parcel was purchased by the Town of Mammoth Lakes, Mono County (County), and Southern Mono Healthcare District (Hospital) in 2007. The Administrative Office of the Courts (AOC) later purchased a portion of the property for construction of the existing courthouse. In the purchase agreement for the property between the Town, County, and Hospital, the following items were included in the program assumptions for future development of the site:
• Police Department
• Superior Court
• County Offices
• Town Offices
• Hospital addition
• Civic Plaza
• Parking
When the property was purchased, a Memorandum of Understanding (MOU) was created between the Town, the County, and the Hospital. In the recitals of the MOU, it discusses the intended future use of the property:
“The Town and the County agree to work together to maximize the best and most efficient use of the Property and to jointly participate in the planning for the future use and development of the Property. Both the Town and the County agree that the starting point for all planning and development of the Property is the mutually shared vision of a civic center containing municipal facilities and accessory uses that complement municipal facilities, including, but not limited to, adequate access, infrastructure, parking, transportation hub, and landscaping.”
The 2007 General Plan continues this planning work. The “Neighborhood and District Character” element of the General Plan discusses the McFlex parcel as part of the Gateway district and identifies that area as being “the future Civic Center site,” among being designated for other public uses including schools, hospitals, industrial parks, libraries, parks, trails, and open space. The General Plan goes on to describe the characteristics for the Civic Center. It states that the Civic Center should be “conveniently accessible to the community and clients (via) transit, vehicular, bike, and pedestrian access.” It should also “serve as an important community activity center” including being a “strategic parking resource linked to transit” and an “economic development catalyst to Tavern Road and Sierra Park Road areas.” Finally, the Civic Center should “reinforce the importance of legislative and judicial function of the people (and) civic events and functions.”

8 Appendix C of the General Plan, the Physical Development Concept, also refers to the future Civic Center on the McFlex parcel. It identifies the Civic Center as a public amenity and future venue site, and states that Civic Center and other future amenities identified are “highly desired by the community and are important facilities for economic sustainability and to create a livable community.”
The Town has completed several capital improvement projects and other infrastructure in anticipation of a future Civic Center on the site. These include a new sidewalk and storm drain on Sierra Park Road and a Digital 395 node located near the site. The Town completed construction of the new Police Station in November 2017. This, along with the existing courthouse and construction of the South Mono County Administrative Office are contributing toward the Town’s vision of developing an integrated Civic Center. Recent building plans prepared by Mammoth Hospital are part of the vision the Civic Center site.

The 2008 Master Facilities Plan (MFP) identifies the McFlex parcel as a future Civic Center. The MFP states that the project would “likely be built in conjunction with a new South Mono County Administrative Center.” It also states that the “public would benefit by having all Town functions in a centrally located area and would save in operating costs and eliminate rental costs.” The initial plans to jointly build government facilities with the County did not move forward. The concept plans a currently presented, continue to keep the overall vision for the Civic Center site. The addition of a Community Resiliency Center will further this vision.

Attachments:

Site Plan
Preliminary Floor Plans
Preliminary Elevation

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approval of local agency collaboration agreement for implementation of the California Radio Interoperable System (CRIS) Trunked Radio Service in Mono County.

Council Meeting Date: 8/16/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Approve the local agency collaboration agreement for implementation of the California Radio Interoperable System (CRIS) Trunked Radio Service in Mono County and authorize the Mayor to sign the agreement.

Summary:

The Town, Mono County, Mammoth Lakes Fire Protection District, and other radio users have been working to update the existing radio communications system for some time. The selected means to upgrade the system is to join with the California Radio Interoperable System (CRIS) operated by the State. The attached agreement between the Local Agencies (Town, County, and Fire District) provides for the allocation of costs and financial management. The primary agreement with the State will be managed by Mono County. The Town and Fire District will be responsible for the purchase of their radios. The County will bill each agency for the required State subscription fees. We will see an offset for a portion of the subscription fees over several years as we are providing system infrastructure. The infrastructure cost is covered by a federal appropriation.

The Town has set aside $1.5 million in funding for this project to cover the Town’s share. This includes the cost of radio purchases, programming, and vehicle installation. Radio related costs are expected to be less than $400,000, including installation. We will be acquiring a total of 141 radios, with the initial order being placed by the County for 124 radios. The overall cost will be lower than anticipated, due to the federal funds offsetting the two communications sites in the Town. Staff is recommending that replacement/additional radios fund be established at a minimum of $400,000 to provide for replacements over the next several years. Funding for the annual subscription fees is also recommended to allow for a transition to full annual payments over time.

Initial cost is estimated at $50,000 per year, with the first year being free of charge. The subscription fees pay the State for the ongoing maintenance and updates to the overall system.

Consultant support for the project is being shared by the Town and County.

The recommendation is to approve the local agency collaboration agreement as presented and authorize the Mayor to sign the agreement. The draft agreement between the State and Mono County is also provided for information.

1 AGREEMENT FOR LOCAL AGENCY COLLABORATION

IN IMPLEMENTATION OF THE

CALIFORNIA RADIO INTEROPERABLE SYSTEM (CRIS)

TRUNKED RADIO SERVICE IN MONO COUNTY
THIS AGREEMENT is made and entered into among the County of Mono, a political subdivision of the State of California (the County) the Town of Mammoth Lakes, a California municipality (the Town) and the Mammoth Lakes Fire Protection District, a Fire Protection District organized under California’s Fire Protection District Law (the Fire District). The County, Town and Fire District are collectively referred to as the Agencies and individually as an Agency.

WHEREAS, the Agencies have collaborated to implement the California Radio Interoperable System (CRIS) trunked radio service provided by the Governor’s Office of Emergency Services, Public Safety Communications (Cal OES/PSC) within Mono County and the Town of Mammoth Lakes as a means to upgrade and enhance emergency radio communications; and WHEREAS, the Agencies wish to set forth the terms and conditions of their collaboration, and to provide for the sharing of necessary costs associated with participation in the CRIS through entry into this Agreement.

NOW, THEREFORE, the County, the Town and the Fire District, in consideration of the mutual benefits, promises, covenants, terms, and conditions hereinafter contained, agree as follows:

1. County’s Obligations. The County will:
a. Enter into site leases on terms agreed to between County and the property owners for the following locations where CRIS infrastructure will be installed by Cal OES/PSC and thereafter assign the site leases to Cal OES/PSC:
i. Mammoth Lakes Fire Station No. 1
ii. Lincoln Mountain – Mammoth Mountain Ski Area
iii. June Chalet – June Mountain Ski Area
iv. Antelope Valley Fire Protection District station
b. Enter into the California Radio Interoperable System (CRIS) Trunked Radio Service Agreement with Cal OES/PSC (the Subscriber Agreement). A copy of the Subscriber Agreement has been provided to the Town and the Fire District and is incorporated herein by this reference. c. Pursuant to the Subscriber Agreement, pay to Cal OES/PSC a monthly subscriber fee for each radio assigned to a primary subscriber of the CRIS system in Mono County, including primary subscribers who are employees or designees of the Town and/or the Fire District.

2 d. Invoice the Town and the Fire District for the amount of subscriber fees paid by the County on behalf of subscribers who are Town or Fire District employees or designees, respectively. e. Purchase and pay for 124 radios for use by subscribers who are employees or designees of the Town and 100 radios for use by subscribers who are employees or designees of the Fire District.

Upon written request, purchase and pay for additional radios for use by the Town’s or the Fire District’s employees or designees, subject to reimbursement as provided below. f. Invoice the Town and the Fire District for the actual cost of the radios purchased on behalf of each Agency. Any additional radios purchased by County at a future date upon written request of the Town or the Fire District shall become subject to this Agreement as if initially set forth herein.
g. Contribute up to $1,550,000 towards site development and infrastructure purchase at the four sites described in paragraph 1.a., and towards infrastructure purchase at one additional site leased directly to Cal OES/PSC by ATT and located at Benton Mountain, all in accordance with the terms of the Subscriber Agreement.

2. Town and Fire District’s Obligations. The Town and the Fire District will:
a. Pay all amounts invoiced by County, respectively, for subscriber fees within thirty (30) calendar days of receipt of the invoice.
b. Pay all amounts invoiced by County, respectively, for radio purchase and system contribution within thirty (30) calendar days of receipt of the invoice. This amount is $272,836.90 to be paid by the Town and $83,202.72 to be paid by the Fire District. Any additional radio purchases under subsections 1.e and 2.b of this Agreement shall be reimbursed separately. c. Provide and pay for the maintenance of all CRIS system radios assigned to that Agency’s employees or designees.
d. Notify County in writing if additional radios are needed and whether County is requested to procure/purchase such radios. If Town or Fire District make the purchased, coordinate with County regarding programming and features to ensure correct radios are purchased. e. Notify County in writing of any respective increase or decrease in the number of primary subscribers to the CRIS as soon as it is known. Continue to reimburse County for any costs associated with subscribers to be deleted until such time as Cal OES/PSC ceases to charge County for same.

3. Indemnification. Each party shall defend, indemnify and hold the other party, its officers, employees and agents harmless from and against any and all liability, loss, expense including reasonable attorney’s fees, or claims for injury or damages arising out of the performance of this Agreement but

3 only in proportion to and to the extent that such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, or employees.

4. Term. This Agreement shall be in effect from the date of last execution set forth below and shall remain in effect until terminated as provided below.

5. Amendments. No alteration or variation in the terms of this Agreement shall be valid or binding unless made in writing and signed by the Agencies.

6. Termination. This Agreement shall remain in effect so long as the County is obligated to make payments to Cal OES/PSC for the CRIS under the Subscriber Agreement for radios assigned to and/or used by the Town or the Fire District. If the Town and/or Fire District wish to terminate this Agreement, the Agency desiring termination shall provide written notice to all non-terminating Agencies. The Agencies shall thereafter meet collectively, and County shall meet with Cal OES/PSC, to implement a modification to the Subscriber Agreement, where necessary, to exclude the terminating Agency or Agencies. Upon such exclusion, this Agreement may be terminated as to the excluded Agency or Agencies.

7. Notice. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address during the term of this Agreement, shall be in writing and may be personally served, emailed or sent by prepaid first-class mail to the respective Agency as follows:

County of Mono:

Attn: Chris Mokracek
P.O. Box 696
Bridgeport, CA 93517
[email protected]
Town of Mammoth Lakes:

Attn: Dan Holler
P.O. Box 1609
Mammoth Lakes, CA 93546
[email protected]
Mammoth Lakes Fire Protection District:

Attn: Alex Tomaier
P.O. Box 5
Mammoth Lakes, CA 93546
[email protected]

4 8. Entire Agreement. This Agreement contains the entire agreement of the Agencies, and no representations, inducements, promises, or agreements otherwise between the Agencies not embodied herein or incorporated herein by reference, shall be of any force or effect. Further, no term or provision hereof may be changed, waived, discharged, or terminated, unless executed in writing by the Agencies.

IN WITNESS THEREOF, the County, the Town and the Fire District have executed this Agreement as of the date last shown below.

MONO COUNTY:
_____________________________ ________________
Rhonda Duggan, Board Chair Date
APPROVED AS TO FORM:
_____________________________

COUNTY COUNSEL
TOWN OF MAMMOTH LAKES:
____________________________ _________________
John Wentworth, Mayor Date
APPROVED AS TO FORM:
_____________________________

TOWN ATTORNEY
MAMMOTH LAKES FIRE PROTECTION DISTRICT:
__________________________ ________________
Roger Curry, Commission Chair Date
APPROVED AS TO FORM:
___________________________

DISTRICT COUNSEL

1 California Radio Interoperable System (CRIS) Trunked Radio Service Agreement
This Cooperative Service Agreement (“Agreement”) is hereby entered into on __________, 2023 by and between the California Governor’s Office of Emergency Services, Public Safety Communications, referred to herein as “Cal OES/PSC” and the County of Mono, referred to herein as the SUBSCRIBER. Together, Cal OES/PSC and the SUBSCRIBER shall collectively be referred to as the “Parties.”

RECITALS
WHEREAS, the CRIS is a statewide trunked radio system designed to provide state, federal, local, and tribal public safety first responders the ability to seamlessly communicate intra-agency and inter-agency across the majority of the State of California; WHEREAS, the CRIS operates in the 700/800 MHz and very high frequency spectrum utilizing Project 25 Phase II technology and provides mobile radio coverage along the major traffic arteries throughout the State of California as well as the major areas of the state’s population;
WHEREAS, to expand and enhance coverage in densely populated areas of the State of California such as San Diego, Sacramento, Los Angeles and San Francisco, the CRIS will link with existing regional trunked radio systems; WHEREAS, the CRIS is managed by Cal OES/PSC and Cal OES/PSC is responsible for engineering, maintaining, operating and modifying the system; WHEREAS, Cal OES/PSC is also responsible for ensuring that Federal Communications Commission (FCC) licensing is maintained for all equipment operating on the CRIS system frequencies;
WHEREAS, certain agencies who would like to participate in the CRIS shall do so by entering into this Agreement with the Cal OES/PSC;
WHEREAS, the CRIS will provide SUBSCRIBER with improved radio frequency coverage and enhanced ability to intercommunicate with other first responders during emergency situations;
WHEREAS, Cal OES/PSC will receive fees from the SUBSCRIBER to access the CRIS and such fees will help to further develop the CRIS and provide more efficient use of California’s allocated 700/800 MHz and VHF frequency spectrum;

2 WHEREAS, by signing this Agreement, both Parties benefit by being able to more efficiently coordinate actions in the event of an emergency through a common radio communications system.

NOW, THEREFORE, it is mutually agreed between the Parties hereto as follows:

AGREEMENT
Under this Agreement, Cal OES/PSC shall provide trunked radio services to the SUBSCRIBER through the CRIS. Such services shall be provided based solely on the terms and conditions set forth herein.

1. Cal OES/PSC RESPONSIBILITIES
Cal OES/PSC hereby agrees that it will:

1.1.Provide 700/800 MHz trunked public safety radio communications (and VHF trunked public safety radio communications in the Eastern Sierra range) service on a 24 hours per day, 7 days per week, 365 days per year basis to SUBSCRIBER. Cal OES shall provide mobile radio coverage to SUBSCRIBER through the CRIS along major traffic arteries throughout California and in densely populated and rural areas throughout the state. For current predicted coverage, please refer to the CRIS website at www.caloes.ca.gov/CRIS.

1.2. Ensure normal system maintenance will be performed as required on a 24- hour per day, 7 day per week, 365 days per year schedule on the CRIS to minimize any system infrastructure down time. Planned outages for scheduled maintenance for CRIS will be posted on the CRIS website and notification emailed to a representative designated by SUBSCRIBER . Repairs to the CRIS will be completed as defined under the Outage Reporting Policy at www.caloes.ca.gov/CRIS.

1.3.Provide, as a basic service to the SUBSCRIBERS, the following: Primary SUBSCRIBERS, defined as radios assigned to SUBSCRIBER agencies or departments that have their own talk groups will pay a monthly SUBSCRIBER fee to utilize the system for day-to-day communications, and receive as many talk groups as reasonably requested by SUBSCRIBER. Secondary SUBSCRIBERs defined as radios assigned to SUBSCRIBER agencies or departments that do not have their own talk groups will not be required to pay a SUBSCRIBER fee but will only have access interoperability talk groups.

1.4Subject to Appendix A, charge a monthly SUBSCRIBER fee per unit, as listed in the CRIS User Handbook. The SUBSCRIBER will be exempt from all other system fees including any system activation fees. Refer to CRIS Rate Structure Sheet at www.caloes.ca.gov/CRIS.

3 1.5 Cal OES/PSC will install the site infrastructure at SUBSCRIBER provided or SUBSCRIBER designated facilities at its own cost. SUBSCRIBER will make site improvements at the sites as reasonably requested by Cal OES/PSC at SUBCRIBER’S cost.

1.6 Provide and maintain microwave and or fiber backhaul for the sites.

1.7 Provide maintenance, upgrades, repairs and all related maintenance on site equipment purchased by SUBSCRIBER and legally transferred to Cal OES/PSC pursuant to paragraph 2.7 of this Agreement.

1.8 Allow SUBSCRIBER to connect Cal OES/PSC approved radio consoles into the core system at no cost. The SUBSCRIBER is responsible for radio vendor- and console vendor-related costs associated with their installation, such as CSSI port licenses.

1.9 Allow SUBSCRIBER to utilize the existing LTE to LMR gateway for SUBSCIBER talk groups at no subscription cost from the state. The SUBSCRIBER is responsible for radio vendor related costs associated with their installation, such as LTE access licenses and LTE related fees.

2. SUBSCRIBER RESPONSIBILITIES
SUBSCRIBER hereby agrees that it will:

2.1.Pay Cal OES/PSC all fees, as set forth in this Agreement, including Appendix A, for the trunked radio system services through the CRIS in the agreed upon timeframe defined in Section 10 of thisAgreement.

2.2.Keep Cal OES/PSC apprised as to the number of SUBSCRIBER radios utilizing the CRIS system. This shall be accomplished by utilizing forms TDe-115 and TDe-601 at www.caloes.ca.gov/CRIS to update Cal OES/PSC on the radios authorized by the SUBSCRIBER to operate on the CRIS. Activated radios not removed from the CRIS by the SUBSCRIBER shall continue to becharged to the SUBSCRIBER at the agreed upon service rate.

2.3.Maintain equipment not transferred to Cal OES/PSC operating on the CRIS to applicable FCC Title 47 Part 90 Code of Federal Regulations at:
(https://www.fcc.gov/wireless/bureau- divisions/technologies-systems-andinnovation-division/rules-regulations- title-47).

2.3.1. State of California SUBSCRIBERS shall utilize Cal OES/PSC for installation, maintenance, and repairs of all agency equipment operating on the CRIS pursuant to California Government Code 15277 and State Administrative Manual Section 4530.

4 2.3.2. Non-State of California SUBSCRIBERS shall be responsible for the installation, maintenance, and repairs of the SUBSCRIBER owned radio equipment including dispatch consoles, base stations, mobile and portable radios. If a Non-State of California SUBSCRIBER does not have the resources for installing, maintaining, or repairing the CRIS equipment, then the SUBSCRIBER may enter into a separate agreement for required services with Cal OES/PSC.

2.4.With the exception of fire protection districts and other first-responders operating within Mono County, SUBSCRIBER will not lease, loan, give or provide in any form the SUBSCRIBER owned equipment operating on the CRIS to any third party agencies for their use on theCRIS.

2.5.Observe and abide by all applicable statutes, laws, ordinances, rules and regulations, including but not limited to those of the FCC, and to operate the equipment in a reasonable manner so as not to cause undue interference with any other agency participants using the CRIS.

2.6.Maintain any County-owned or leased facilities (collectively, “Facilities”, individually “Facility”) that house CRIS trunking infrastructure transferred by SUBSCRIBER to Cal OES/PSC, including:

2.6.1.Provide shared tower space for antennas and or microwave radios at no cost to Cal OES/PSC, pursuant to separate lease or license agreements at the following four Facilities sub-leased to CalOES/PSC, or such other site(s) as may be agreed by the parties, pursuant to separate lease/license or sub-lease/license agreement(s) between SUBSCRIBER and CalOES/PSC:
• Mammoth Lakes Fire Station No. 1
• Lincoln Mountain – Mammoth Mountain Ski Area
• June Chalet – June Mountain Ski Area
• Antelope Valley Fire Protection District Station

2.6.2.Provide electrical power at each Facility at no cost to Cal OES / PSC.

2.6.3.Provide and maintain a backup power generator at each Facility

2.6.4.Provide an HVAC system capable of adequately cooling/heating the room with equipment at each Facility

2.7.Transfer title to equipment/infrastructure as accepted by Cal OES/PSC to improve coverage. Upon transfer of equipment/infrastructure under this agreement, SUBSCRIBER affirms that it has the good and complete right, title, and interest in the equipment/infrastructure. It has the full authority to give, transfer, and assign the title of the equipment/infrastructure and that it is free and clear of all encumbrances and restrictions. Equipment/infrastructure transferred upon execution of this Agreement and accepted by CalOES/PSC is listed in Appendix B.

2.8.Keep all radio communication brief and to the point. Radio system traffic

5 shall be limited to official business only. SUBSCRIBER is responsible for the appropriate use of the system in accordance with the Acceptable Use Policy at www.calos.ca.gov/CRIS.

3. BILLING

3.1. SUBSCRIBER agrees to pay Cal OES/PSC monthly for the 700/800 MHz trunked radio service through the CRIS. The actual amount of monthly fees will be determined by the number of radios registered on the CRIS system at the beginning of each monthly billing period and offset in accordance with Appendix A.

3.2. Payment of fees for State of California SUBSCRIBERs using CRIS will be electronically transferred from SUBSCRIBER to the Cal OES/PSC using a billing number.

3.3. Non-State of California SUBSCRIBERs will be billed monthly and will remit payment to Cal OES/PSC via check to:

State of California, Governor’s Office of Emergency Services Attn: Accounting Office
3650 Schriever Avenue
Mather, CA 95655-4203

3.4. SUBSCRIBER shall schedule the payment of invoices to the Cal OES/PSC no later than 30 days after receipt of said invoice. If errors are found in the invoice or the SUBSCRIBER disputes the invoice charges or services rendered, the SUBSCRIBER shall immediately notify Cal OES/PSC in writing. Partial payment of an invoice without Cal OES/PSC’s approval is prohibited. SUBSCRIBER’s failure to make timely payments in compliance with this section may result in action as defined in Section 4, Right to Suspend Service.

3.5. It is the SUBSCRIBER’S responsibility to inform Cal OES/PSC of any changes in service.

4. RIGHT TO SUSPEND SERVICE

4.1. Subject to the below regarding notice and opportunity to cure, Cal OES/PSC reserves the right to suspend SUBSCRIBER’S ability to add/remove equipment, modify existing service or add a new serviceshould SUBSCRIBER fail to make timely payment to Cal OES/PSC for the services rendered. If SUBSCRIBER fails to make any payment or fails to perform as required by any other provision hereunder, SUBSCRIBER will be notified in writing of the violation. SUBSCRIBER must correct the violation within 30 days of notice or such longer period as may be agreed upon by the parties, or Cal OES/PSC may suspend SUBSCRIBER’s service.

6 4.2. Notwithstanding the above, and subject to the above provisions regarding notice and opportunity to cure, Cal OES/PSC shall have the right to immediately suspend SUBSCRIBER’S ability to add/remove equipment, modify existing service or add a new service at any time if SUBSCRIBER fails to use the CRIS in accordance with rules and regulations of the FCC or if SUBSCRIBER fails to use the CRIS in accordance with applicable laws and regulations, including the terms of this agreement, CRIS policies or attachments thereto.

5. RADIO PROGRAMMING

5.1. All State of California SUBSCRIBER radios shall be programmed for use on the CRIS system by Cal OES/PSC or another authorized programmer, as determined by Cal OES/PSC in its sole discretion.

System keys may be provided to non-state SUBSCRIBERs or independent private service shops providing a programming service to non-state SUBSCRIBERs forradio programming of the CRISfrequencies into non-stateowned equipment. System key requests must be made in writing to Cal OES/PSC. SUBSCRIBER hereby agrees that system keys will be surrendered immediately, if requested by the Cal OES/PSC.

6. COVERAGE

6.1. The CRIS is designed to provide mobile radio coverage along the State’s major traffic arteries as well as 60% of the State’s geographical area and 90% of the State’s population. SUBSCRIBER understands and agrees that 100% coverage of any area at all times is unrealistic and improbable. Testing and experience with actual field conditions indicate adverse propagation conditions can occur from both natural and manmade conditions.

SUBSCRIBER understands and agrees that such events are beyond the reasonable control of Cal OES/PSC.

6.2. Upon SUBSCRIBER transferring a new siteto Cal OES/PSC, including the 5 sites listed in paragraph 2.6.1, Cal OES/PSC will provide coverage mapping of both RSSI and BER demonstrating both mobile and portable radio talk-in coverage. SUBSCRIBER further understands and agrees that Cal OES/PSC is not providing a warranty of coverage for the CRIS.

7 7. TALK GROUP PRIORITY
SUBSCRIBER understands and agrees that, except to the extent that it is a first responder and in accordance with the following, it may experience limited or no access to the CRIS during an emergency talk group activation. To ensure that first responders have access to the system during normal and emergency situations, talk group access has been prioritized as follows:

7.1.Priority One -Emergency Identification

7.1.1. An “Emergency Identification” is defined as the message received when a public safety member calls for immediate assistance by activating an emergency button or switch on the user radio equipment.

7.2.Priority Two - Public Safety

7.2.1. “Public Safety” includes the normal, daily radio transmissions of law enforcement, fire service, EMS/Medical providers, and disaster preparedness personnel using the CRIS. Agencies generally considered non-public safety, but support law enforcement and fire response agencies on a regular basis such as California Department of Transportation (DOT), shall be considered as Public Safety in regards to traffic prioritization.

7.2.2. “PublicSafety” alsoincludesthe CRISuserswhose typical lower priorities have been temporarily changed to resolve an unusual occurrence or largescale disaster.

7.3.PriorityThree - Non-Public Safety, Special Event

7.3.1. “Non-Public Safety, Special Event” includes planned events involving public service agency participants that are beyond the scope of their normal daily operations.

7.4.PriorityFour- Non-Public Safety, Regular

7.4.1. “Non-PublicSafety, Regular”includes thenormaldailyradio transmissions of public service agencies usingthe system.

8. USE AND EXPANSION OF TRUNKED RADIO SYSTEM

8.1. Cal OES/PSC may, at its sole and exclusive discretion, provide trunked radio system services to other entities through the CRIS. SUBSCRIBER understands and agrees that Cal OES/PSC may have entered into other service agreements to provide trunked radio services to certain public safety and non-public safety

8 Subscribers and intends to expand the number of users by entering into new agreements in the future. SUBSCRIBER also understands and agrees that Cal OES/PSC will expand the area covered by the CRIS to improve system performance in the future.

8.2. Cal OES/PSC agrees that any expansion of the system will not diminish the ability of SUBSCRIBER to use the CRIS.

8.3. Cal OES/PSC and SUBSCRIBER may mutually agree in the future to an exchange of value whereby the SUBSCRIBER funds the purchase of infrastructure/equipment in addition to that transferred under this Agreement, and transfers ownership to Cal OES/PSC which becomes part of the CRIS to expand the coverage footprint in an area determined by the SUBSCRIBER. In exchange, Cal OES/PSC will bear the cost of technical design, installation, and administrative costs necessary to render the equipment operable as part of the CRIS.

8.4. Any Real Property and/or radio frequency spectrum assets the SUBSCRIBER makes available for use in CRIS to facilitate the expansion of coverage of CRIS will be transferred from Cal OES/PSC back to the SUBSCRIBER and remain the property of the SUBSCRIBER in the event of a dissolution of this agreement.

9. WARRANTIES
Cal OES/PSC warrants that its management and operation of the CRIS will comply with reasonable and standard industry practices.

10. AGREEMENT TERM - AUTOMATIC RENEWAL

10.1. The term of this Agreement shall be for five years including the portion of the year commencing on the Effective Date of this Agreement and shall automatically renew on July 1
st every five years thereafter. This Agreement shall
automatically extend under the terms and conditions, rates, and charges then in effect for successive five (5) year periods provided that either party may terminate this Agreement at any time by giving to the other party written notice at least one hundred and eighty (180) days prior to the termination date or by giving to the other party written notice at least one hundred and eighty (180) days prior to the end of any extension

10.2. From the date of execution of this Agreement through July 1, 2024, the rates, charges, and fees due and payable by SUBSCRIBER shall be those identified in Appendix A of this Agreement.

9 10.3. After July 1, 2024, the rates, charges, and fees due and payable by SUBSCRIBER for any annual extension shall be the same as those during the preceding term unless Cal OES/PSC notifies SUBSCRIBER at least thirty (30) calendar days prior to SUBSCRIBER’s deadline under paragraph 10.1 to terminate this Agreement of any changes in the rates, charges, or fees. If, after such notification, SUBSCRIBER does not terminate this Agreement and allows it to automatically renew, charges for the next term shall be at the new rates, charges, and fees set out by Cal OES/PSC in its notification prior to the automatic renewal date.

11. INTERRUPTION OF SERVICE

11.1 Except for actions required by this Agreement, Cal OES/PSC shall not be liable to SUBSCRIBER or any other person for any loss of service or damage resulting therefrom, regardless of the cause. Cal OES/PSC does not assume and shall have no liability under this Agreement for failure to provide, or delay in providing, service due directly or indirectly to causes beyond the control of Cal OES/PSC or its subcontractors, including, but not limited to, acts of God, acts of Governmental entities, acts of the public enemy, strikes, or severe weather conditions. In the event of any failure or delay attributable to the fault of Cal OES/PSC or its subcontractors, SUSBCRIBER agrees that its sole remedy shall be limited to a credit for loss of service.

12. GENERAL PROVISIONS

12.1. Applicable Law
This Agreement shall be construed in accordance with and governed by the laws of the State of California.

12.2. Amendments
This Agreement may be amended at any time by mutual agreement of the Parties, provided that before any amendment shall take effect, it shall be reduced to writing and signed by both parties.

12.3. Assignment
Neither party shall voluntarily or by operation of law, assign or otherwise transfer this Agreement without the other party’s prior written consent. Any purported assignment in violation of this paragraph shall be void.

12.4. Captions
Captions and headings in this Agreement are solely for the convenience of the parties, are not a part of this Agreement and shall not be used to interpret or determine the validity of this Agreement or any of its provisions.

10 12.5. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute one and the same instrument. The exchange of copies of this Agreement by electronic mail in “portable document format” (“.PDF”) form or by other similar electronic means shall constitute effective execution and delivery of this Agreement and shall have the same effect as copies executed and delivered with original signatures.

12.6 Entire Agreement
This Agreement sets forth the entire agreement between the Parties with respect to the subject matter herein and fully supersedes any and all prior agreements or understandings, written or oral, between the parties pertaining to the subject matter hereof.

SIGNATURES
WITNESS WHEREOF, this agreement has been executed by the parties hereto as of date written below:

APPROVED BY: APPROVED BY:

Steve Yarbrough
Chief, Program Management Division
Public Safety Communications NAME/TITLE

SIGNATURE DATE SIGNATURE DATE

11 Appendix A: Subscriber Fees
To provide access to the CRIS on a 24 hours per day, 7 days per week, 365 days per year basis Cal OES/PSC charges a monthly subscriber fee per unit to all subscription users as follows:

SUBSCRIBER and CalOES/PSC have agreed to enter into an exchange of value whereby SUBSCRIBER provides to CalOES/PSC infrastructure/equipment valued at $1,550,000.00, representing an Account Credit.

1. No-cost period –Beginning with the initial start-up and beneficial use of the CRIS in Mono County by SUBSCRIBER, a one-year period of forbearance is offered during which Cal OES will not charge normal subscription fees to the SUBSCRIBER .

2. Reduced-cost period – Beginning on the day following the No-cost period one-half of the primary subscriber devices, or the nearest integer greater than 50% of the number of primary subscriber devices shall pay the normal monthly rate listed in the CRIS Rate Structure Sheet at www.caloes.ca.gov/CRIS. The intent of this clause is to approximate a 50% reduction in the monthly subscription fees. This reduced-cost period will continue until the aggregate amount of the reduction of monthly subscription fees fully equals and offsets the Account Credit.

3. Regular cost period – Upon exhaustion of the Account Credit, all primary users of the CRIS will be charged subscription fees at the full normal monthly rate listed in the CRIS Rate Structure Sheet at www.caloes.ca.gov/CRIS. Secondary users shall not be charged a subscriber fee.

For the purposes of calculating the estimated duration of reduced monthly subscription fees to be debited from the Account Credit, SUBSCRIBER offers a good-faith estimate of 800 primary subscriber radios that will be programmed with access to the CRIS. Each month during the term of this Agreement, the actual number of radios programmed with access to CRIS will be tabulated by CRIS system core to arrive at the actual debit from the Account Credit. This report will be provided to the SUBSCRIBER to account for the reduced subscription costs. When the aggregate lifetime reduced subscription cost equals or exceeds the agreed upon Account Credit, the SUBSCRIBER will be notified and subsequently begin making monthly payments for the full amount of CRIS subscription fees as listed in the CRIS Rate Structure Sheet at www.caloes.ca.gov/CRIS
.

Based on the agreed upon Account Credit and the good-faith estimate of radios, the reduced cost period is currently estimated to be thirteen and a half (13.5) years from the commencement of the reduced cost period. (see Figure 1).

Figure 1 – Offset Calculation Grid

13 Appendix B: Equipment and Infrastructure Transferred The following equipment/infrastructure is hereby transferred by SUBSCRIBER to CalOES/PSC:

Mammoth Lakes Town Council
Agenda Action Sheet
Title: TOT Enforcement Update – Quarter 3 & 4 of Fiscal Year 22-23 Council Meeting Date: 8/16/2023
Prepared by: Rob Patterson, Administrative Services / Finance Director Recommended Motion: No Action – Presentation Only
Summary: The Town of Mammoth Lakes enforcement team will provide a formal presentation of enforcement efforts to Town Council for the third and fourth quarter of FY22-23. Information will include the following: 1. Statistical data including Cases opened, Citations issued, and Revenue received. 2. Process Improvements implemented by the team. 3. Special Highlight. – Certified Properties Update

Enforcement Update
Quarters 3 & 4 – FY22-23
Rob Patterson
Administrative Services / Finance Director
August 16, 2023

Progress Updates

Activity Report
Transient Occupancy Tax Enforcement
Program Statistics FY22-23
Quarters 3 & 4 January - March 2023 April - June 2023 Fiscal Year Total Zoning Revenue Zoning Revenue Zoning Revenue Total
Cases Opened during period 2 12 1 7 8 50 58
Actions Taken QTR QTR QTR QTR YTD YTD YTD
Citations Issued 3 26 1 4 10 77 87
Assessments Issued 2 5 0 2 4 16 20
NOD issued 1 8 1 2 5 35 40
Certificates of Judgement 0 1 0 0 1 3 4
Violation $ collected $ 27,264 $ 45,260 $ 10,952 $ 38,216 $ 44,792 $ 355,084 $ 399,876 Certificates of Judgement $ $ - $ 29,099 $ - $ - $ 98,762 $ 41,079 $ 139,841

Enforcement History
0 10
20 30
40 50
60 70
80 90
100
2023 2022 2021 2020 2019 2018
Enforcement Cases by Fiscal Year

Enforcement History
$399,876
$339,289 $336,555
$178,030
$219,294
$445,015
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
2023 2022 2021 2020 2019 2018
TOT Enforcment Revenue

Current Focus

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.