Mammoth Lakes City Council
November 15, 2023

Town Council Agenda

Wednesday, November 15, 2023, 3:15 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.

ZOOM INFORMATION
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1. RIBBON CUTTING CEREMONY

1.1 At 3:15 p.m. the Town Council will conduct a ribbon cutting ceremony and tour of the Mammoth Disposal transfer station and buyback center located at 59 Commerce Drive.

2. CALL TO ORDER AND ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. 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.

5. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.

6. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED)

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

7. INTRODUCTIONS

7.1 Introduce new Code Compliance Officer Sandra Grimaldo

8. CONSENT AGENDA

8.1 Approve the minutes of the regular meeting of November 1, 2023.

8.2 Accept Check Register 11/1/23 in the amount of $882,508.79.

9. POLICY MATTERS

9.1 Short Term Rental Study Report regarding temporary moratorium on the issuance of new short-term rental certificates

9.2 Receive an update on the FY23/24 Eastern Sierra Community Housing (ESCH) Work Program

9.3 Consider a request for additional funding for the Eastern Sierra Community Housing (formerly Mammoth Lakes Housing) Access Apartments project

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

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

1 Jamie Gray
From: CJ Sterling <[email protected]>
Sent: Wednesday, November 15, 2023 4:00 PM
To: Jamie Gray
Subject: Public Comment for Town Council meeting
[EXTERNAL EMAIL]
I would like to submit the following comment below for this evening's Town Council meeting:
- - - - - - - - - - - - - -
Reflecting back on your recent meeting from 4 weeks ago, I just want to say that discrimination should never, ever have a place on this town council. I am referring specifically to a council member that felt the need to angrily call out and lecture an entire sector of our local working community, simply because of what they do for a living. And to take it even further, snidely asking which of those people held assets such as rental properties is unacceptable, and frankly none of your business. Its clear now that decision making is being influenced and based on a dislike of a specific working sector of this community.

Not only is an apology way overdue, this should not be tolerated by the rest of the council. I respectfully ask that this position be resigned immediately. The public trust has been violated and I now have very little faith that this governing body can act professionally and vote on real life issues in a non-biased manner.

Thank you.

You don't often get email from [email protected]. Learn why this is important

Construction Update
November 15, 2023
Phase 1 – “The Sawyer”
• 81 units in 2 buildings,
<80% AMI rental
• 0.5-acre public park
• Daycare

Construction Update November 15, 2023
• Building B –
• Exterior siding and painting complete
• Roof complete
• Interior painting complete
• Interior utilities in progress
• Ceiling T-grid in progress
Phase 1 – “The Sawyer”

Construction Update November 15, 2023
Phase 1 – “The Sawyer”
• Building A –
• Siding and painting in progress
• Roof – high and low in progress
• Interior drywall, painting and utilities
in progress

Construction Update November 15, 2023
• Site Work –
• Roads are complete –
concrete curb and gutter,
asphalt
• Sidewalks this fall
• Spring – MUPs, landscaping,
Park

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023

Construction Update November 15, 2023
Phase 2 – “The Kingfisher”
• 148 units in 5 buildings, <80% AMI
rental
• Central green with passive open
space
•Tree removal in progress

Construction Update November 15, 2023

Construction Update November 15, 2023

?? Questions ??
Construction Update November 15, 2023

1 TOWN COUNCIL STAFF REPORT
Title: Mammoth Main Base Redevelopment Project Update (Mammoth Mountain Main Lodge Area).

Meeting Date: November 15, 2023
Prepared by: Jen Murillo, Contract Planner
RECOMMENDATION:

No recommendation or action is needed on this item.

SUMMARY: [changes from 10/18/23 update are highlighted] 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).

Environmental fieldwork was completed in October and early November 2023.

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. A joint Town Council and Planning and Economic Development Commission meeting is expected to be scheduled in November to discuss key project considerations ahead of the development of the specific plan. Additionally, CEQA and NEPA provide for public comment opportunities throughout the environmental process.  Senate Bill 606 (Alvarado-Gil) – This bill allows all or a portion of State Route 203 to be relinquished to the Town. The approval of SB 606 does not require the Town to take any action or make any commitments. The Town Council provided a support letter for SB 606 on June 21, 2023. SB 606 has been signed by the Governor and will become effective on January 1, 2024. The first step in this process is for the Town to request that Caltrans prepare a Relinquishment Assessment Report (RAR). A draft RAR request letter is expected to be considered by the Town Council at a December 2023 Council meeting.

2  Target Schedule
Late 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/

Town Council of Mammoth Lakes
Minutes of Regular Meeting
November 1, 2023, 3:30 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 3:35 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
Cynthia Fleming led the flag salute.

3. PUBLIC COMMENTS
Kelly Gardner said that she was late to express interest in serving on the housing committee and asked that the Council consider her.

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

5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Councilmember Bubser said that she wanted to correct the record on the matter of the bus turnaround at Woodmen in Old Mammoth. She said she would never

Town Council Minutes
November 1, 2023

want someone to think that she believed an issue that affects them is minor. She repeated her full statement as she made it. "I live in Old Mammoth. I’m not going to dox myself but I live close enough to this that I've thought about it a lot. I’m on the board of ESTA. I totally respect Phil and the work he does. We are so blessed with a public transit system that’s free. It makes it easier for our visitors.

It makes it a little bit easier for our workers. But I do have to say that one of my comments is we need to build a safe shelter at stop 2 at Ranch Road as soon as humanly possible so I’d like to make sure that gets on the record.

Look - nothing is easy in this town. We live here because we love it. But the truth of the matter is that we’re a community and we have to stick together. And I think it's imperative that we find a place to make it possible for the folks who live particularly in Aspen Village but other folks in Old Mammoth they have a place to get on the bus. It’s also not fair that people in Old Mammoth don’t have access to our free public transit. So I think before we get so emotional about this we need to take a step back. We need to look at the options. I have spoken with all of our staff about this and there is no other viable option. We can complain and argue all we want but there isn’t another viable option. So I would just like to ask our community that yes I do feel like maybe people felt caught off guard. I completely understand that sentiment. We need to do better about transparency so we will own that. But I also believe that we have much bigger things to address as a community and let’s get to those. I mean… That’s all I have to say."

5.1 Did you Know? Winter Preparedness.

Town Manager Daniel C. Holler outlined the information in the piece.

5.2 November 2023 Public Works Engineering CIP Update.

6. INTRODUCTIONS

6.1 Introduce new Airport Maintenance Coordinator Brandon Rohr.

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

6.2 Introduce new Code Compliance Officer Michael Martry.

Acting Community and Economic Development Director Nolan Bobroff introduced Mr. Martyr to the Council and the community.

6.3 Introduce new Revenue Specialist Ryan Menetrey.

Administrative Services/Finance Director Rob Patterson introduced Mr.

Menetrey to the Council and the community.

Town Council Minutes
November 1, 2023

6.4 Introduce new Public Works Maintenance Worker Jose Galvan.

Public Works Maintenance Manager Pat Vargas introduced Mr. Galvan to the Council and the community.

6.5 Introduce new Public Works Facilities Worker Miguel Vargas.

Public Works Maintenance Manager Pat Vargas introduced Mr. Galvan to the Council and the community.

6.6 Introduce and swear in new Police Officer Magdalena Raya-Cruz.

Interim Police Chief Dan Casabian introduced Ms. Raya-Cruz to the Council and the community. Town Clerk Jamie Gray administered the oath of office to Ms. Raya-Cruz.

7. PUBLIC PRESENTATIONS

7.1 First 5 Mono County Annual Evaluation Report 2021-22 presented by Molly DesBaillets, MA, Executive Director of First 5 Mono County.

Ms. DesBaillets outlined the information in the Report. There was discussion among members of Council and Ms. DesBaillets.

8. STAFF PRESENTATIONS

8.1 Presentation on Legislative Actions and Advocacy Process from Emanuels Jones and Associates.

Kyra Ross, Emanuels Jones and Associates, gave a presentation regarding current legislation. There was discussion among members of Council and Ms. Ross.

8.2 November Community Recreation Center (CRC) Update.

Public Works Director Haislip Hayes gave an update regarding the Community Recreation Center (CRC). There was discussion among members of Council and staff.

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

Town Council Minutes
November 1, 2023

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

9.1 Approve the minutes of the regular meeting of October 18, 2023.

9.2 Award Contract for Snow Shoveling Services to Robert M. Felkel Construction.

9.3 Authorize the Brandley Engineering Agreement for the Airport (MMH) Multipurpose Building Design.

9.4 Approve and adopt Resolution No. 23-XX establishing compensation schedules for limited-term employees and repeal Resolution No. 22-

82. 9.5 Approve and adopt Resolution No. 23-XX establishing conditions of employment and benefits for limited-term employees and repeal Resolution No. 22-83.

9.6 Accept Check Register 10/12/23 in the amount of $338,972.29. Accept Check Register 10/16/23 in the amount of $134,873.60. Accept Check Register 10/18/23 in the amount of $1,118,242.87. Accept Check Register 10/25/23 in the amount of $808,607.29.

10. POLICY MATTERS

10.1 Termination of Resolutions Authorizing Emergency Contract Work.

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 Amanda Rice
Council finds that emergency work authorized by Resolutions 23-29 and 23-54 is substantially complete and no additional emergency work is required and the authorization for emergency work under the Resolutions is terminated, allowing for proper close out of contracts as may be necessary.

Town Council Minutes
November 1, 2023

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

10.2 Appointment of Advisory Committee to Review Short-Term Rental Policies, Management, and related matters.

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

There was discussion among members of Council and staff.

PUBLIC COMMENT:

Cynthia Fleming outlined her reasons for wanting to serve on the committee.

Jason Herbst asked to be considered to be appointed on the committee.

Kelly Gardner asked to be considered to be appointed on the committee.

There was discussion among members of Council regarding their choices for members to serve on the Committee.

The Mayor called a recess at 5:10 p.m. and the Council reconvened at 5:20 p.m.

Moved by Mayor Pro Tem Bill Sauser
Seconded by Mayor John Wentworth
Appoint John Morris, Cynthia Fleming, Kerry Burke, Jason Kellogg, Matthew Avery, Alisa Mokler-Harper, Kelly Garner, and Councilmembers Bubser and Rice to the Committee.

Council directed that the Committee could expand, at the Committee's discretion, by one and/or two members that represented the Hispanic community and an unrepresented part of the community.

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
November 1, 2023

PUBLIC COMMENT:

John Morris asked which group Kerry Burke represented.

A member of the public asked if the Committee would have access to the Town's legal counsel.

There was discussion among members of Council.

11. COUNCILMEMBER REPORTS
Councilmember Rice said that she chose the funniest Halloween costume at the Town's Halloween party.

Councilmember Bubser said that she chose the cutest Halloween costume at the Town's Halloween party.

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

Mayor Wentworth attended the Financial Advisory Team Committee for the Donut project and the Eastern Sierra Council of Governments meeting.

12. CLOSED SESSION

12.1 Conference with Legal Counsel—Anticipated litigation: Significant exposure to litigation pursuant to paragraph (3) of subdivision (d) of Section 54956.9: (one case).

At 5:49 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.

13. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 6:08 p.m. and announced that there was no reportable action taken.

14. ADJOURNMENT
The Council adjourned the meeting at 6:08 p.m.

Jamie Gray, Town Clerk

1 TOWN COUNCIL STAFF REPORT
Title: Short Term Rental Study Report regarding temporary moratorium on the issuance of new short-term rental certificates
Meeting Date: November 15, 2023
Prepared by: Daniel C. Holler, Town Manager
Rob Patterson, Finance/Administrative Services Director Nolan Bobroff, Acting Community & Economic Development Director RECOMMENDATION:

Approve the draft Short-Term Rental Study Report and direct staff to issue the report on behalf of the Town.

BACKGROUND:

Status of Moratorium on Short Term Rentals in designated Zoning Districts The Town Council adopted Ordinance 23-10 imposing a moratorium on the issuance of new Short-Term Rental (STR) certificates in defined zoning areas within the Town of Mammoth Lakes on October 18, 2023. The action was taken as an urgency ordinance making the moratorium effective for 45 days, which will expire on December 2, 2023. The Town Council has the option to extend the moratorium for up to an additional 10 months and 15 days. The Town Council appointed an STR Advisory Committee on November 1, 2023, to provide recommendations to the Town Council. The first committee meeting is scheduled for November 13, 2023. The Town Council will consider the adoption of the proposed extension at a special meeting on November 29, 2023. If the Town Council acts to extend the moratorium, staff recommends considering the initial extension to be effective through May 31, 2024, or approximately 6 additional months. This provides time for recommendations to be made, acted on by the Town Council and implemented. The moratorium may be extended once more up to an additional 12 months or terminated as soon as updates to management plans and municipal codes are implemented.

The temporary urgency ordinance establishing the 45-day moratorium on the issuance of new STR certificates was adopted in response to the significant and increasing shortage of housing that is affordable to the local workforce and the need to protect the health, safety and welfare that results from the lack of available safe and affordable housing to the local workforce and residents. Staff has also been working on the implementation of a “certified property” program to address enhanced management and quality of life issues related to Short Term Rentals (STRs).

2 This report is issued pursuant to California Government Code Section 65858(d), which requires that at least 10 days prior to expiration or extension of the moratorium, the Town Council must issue a report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium ordinance. The Town is undertaking a review and study of the Town’s STR program including the overall management of the program and the relationship of STRs to the community housing market. This will inform the Town Council’s further consideration of whether or not to make changes to the STR program, management practices and other steps related to the many impacts that STRs may have on the availability of housing for the local workforce.

ANALYSIS:

Housing Need
A housing needs assessment was completed in July 2017, entitled “Mammoth Lakes Community Housing Action Plan Part 1 – Housing Needs, Accomplishments and Challenges”. The findings from this study were used in the development of the Mammoth Lakes Community Housing Action Plan – Live, Work, Thrive, published in November 2017. Follow the links to review the referenced documents. The outlook of the study was for the five-year period 2018-2022.

A few key take aways from these reports include the following on near-term housing needs:
 Rental needs for those making less than 80% of the Area Median Income (AMI) and ownership needs for those making up to 200% of the AMI (i.e., missing middle income households) – are two areas of need not being met by the current market forces. The Town’s Housing Element, noted below, defines the “missing middle” as being households earning between 80% to 150% of AMI.

Information on current AMI income levels is attached.
 The housing needs assessment identified a need for 595 housing units through 2022, including 275 for ownership and 320 for rental. The ownership level represents an effort to maintain current home ownership rates within the community. An estimated 180 ownership units should be provided at an affordable rate for households making less than 150% of AMI. For rental units, approximately 160 units were identified as a goal to be priced below market rents.
 The targeted number of units to be produced over the five-year period was 200- 300 housing units completed or permitted.
 The reports recognize that there is no one single strategy or funding sources that will fix all our housing needs.

Affordable housing is generally defined as housing costs that are 30% - 35% or less of a household’s gross income.

3 The following quote is from the 2018 MAMMOTH LAKES & MONO COUNTY BUSINESS RETENTION AND EXPANSION SURVEY EXECUTIVE SUMMARY. “Housing is seen as the greatest barrier to workforce maintenance, with 79% attributing affordability or availability of housing as a barrier. Fifty percent also mention a lack of candidates with adequate training, while 40% admit to the seasonal nature of the work is a barrier. Housing is most critical for seasonal front-line employees, mentioned by 62%, however nearly as many (59%) mention housing for year round frontline employees. Thirty-eight percent of businesses surveyed attempt to address this by offering some employee housing, but only 34% of those say the amount their business can provide is adequate.”
(Survey sponsored by Mammoth Lakes Chamber of Commerce and Mono County Economic Development.)
The Town continues to hear from local businesses and workers how the lack of housing is limiting worker availability. This includes public agencies as well such as the Town, County, USFS, schools, the hospital, and others. Several agencies and local businesses (as noted above) have implemented housing programs to assist employees, but still face challenges due to affordable housing being a barrier to recruiting and retaining employees. 2019-2027 Housing Element
The 2019-2027 Housing Element Update (HEU) assesses current and future housing needs, identifies constraints in meeting those housing needs, and establishes housing goals, policies, and actions. As recommended by the State, the HEU builds off the 2014-2019 Housing Element, reflects new statutory requirements, includes an analysis of existing housing programs and progress of those programs, and identifies new programs and adjustments to existing programs to be more effective. Follow the links provided to view the refenced documents. A complete list of housing programs is included in Chapter 5 of the Housing Element Update. The HEU was adopted in August 2019. In describing the community context for the housing element, the following was included (page 1-2):

Mammoth Lakes has a total housing stock of around 9,700 units. Based on the 2016 American Community Survey (ACS), an estimated 59.4 percent of the entire housing stock is dedicated to seasonal, recreational, or occasional use (see Table 2-20), reflecting the popularity of the Town as a location for second-home ownership. This trend also has an impact on housing affordability, since housing prices are driven by relatively affluent second-home buyers; the rental market is also affected by the higher prices commanded for seasonal and nightly rentals of homes and condominiums.

Meanwhile, many local residents work in the service sector, creating a considerable gap between housing affordability and housing costs. In addition, Mammoth Lakes has a large seasonal workforce who service the

4 ski area and support businesses (restaurants, lodging, retail, etc.) and associated influx of visitors, and summer construction labor. This context creates a number of housing issues that must be addressed through the Housing Element including: meeting demands for housing by ensuring adequate sites are available and
 Allowing for a range of housing types at a variety of affordability levels, particularly housing for the local workforce and seasonal employees.  Preserving existing affordable housing units and improving the condition of other units.
 Removing governmental and other constraints to affordable housing.  Promoting fair and equitable housing opportunities.

Housing Production
The State process in reviewing housing needs incorporates a “Regional Housing Needs Allocation” or “RHNA” for each county and city. The RHNA sets the target for how many units at the various income levels the Town needs to plan and issue permits for and is intended to identify the number of units that are needed at various income levels to satisfy the minimum housing demand in 2027 based on projected population and the number of existing housing units (The RHNA is set for a specific time period that coincides with the Housing Element cycles. The Town is currently within the 6th Housing Element cycle which spans from 2019-2027). For the sixth cycle, the Town is required to plan for 155 units spread across various income levels. For the Town of Mammoth Lakes this includes:

RHNA – Mammoth Lakes (2019 – 2027)
Extremely
Low Very Low Low Moderate Above Moderate
RHNA 2019-2027 10 16 30 34 65
The production of housing for the current housing element time horizon includes:

RHNA Progress (2019 – 2023)
Year Permit
Issued 1; 2
Extremely
Low
(≤ 30%)
Very Low
(31%-50%)
Low
(51%-80%)
Moderate
(81%-120%)
Above
Moderate
(≥ 120%)
RHNA 2019-2027 10 16 30 34 65
2019 0 0 0 0 23
2020 0 0 0 0 61
2021 0 0 0 0 42
2022 8 8 64 0 46
2023 2 0 13 0 TBD

5 Total 10 8 77 0 >172
Total Remaining by
Income Level 0 8
0 (47 units over
the
allocation)
34 0
(107 units
over the
allocation)
1 The State implemented the current method of tracking housing development from entitlement through occupancy in 2018 and the purpose is to better inform policy decisions at both the local level and the State level and determine whether there are issues or barriers at the various points in the development cycle that are preventing, or causing delays to, the development of affordable housing. 2 The projects that make up the units counted for incomes less than 80% will be completed and occupied in early 2024.

The Town is meeting the baseline requirements of the State in all categories except for the very low income level of 31% to 50% and the moderate income level of 80% to 120%. It is anticipated that the very low income needs will be met through the Parcel development. At the halfway point of our RHNA cycle, the Town is on track to meeting, or surpassing, the State requirements in all categories except for the moderate income level. The moderate income level is difficult to meet due to lack of grant funds and cost constraints for the market to provide housing for this group. This area represents the lower portion of the missing middle income households. The overall production of housing is still below community needs as discussed above.

Housing Costs and Sales Information – RMF-2 Zone
A snapshot of housing sales data from 2017 through 2022 for one- and two- bedroom condo units in the RMF-2 zoning district show continued strong price increases, while the number of sales within that zone has stayed relatively consistent (average of 61 one-bedroom and 91 two-bedroom sales /year). The number of new units constructed was also limited during this time period with only 16 new units constructed in the RMF-2 zone.

6 The median sales price of these units has moved out of the price range for moderate income households to purchase. The following table and chart demonstrate what a three-person household at various AMI levels could afford to pay for a 2-bedroom condo based on a consistent set of assumptions and spending 35% of their gross income on housing costs (excluding utilities).

Assumptions: Annual income at 120%, 150%, and 200% of AMI, 10% downpayment, $400 HOA, property tax at 1.5% of purchase price, property insurance at 0.35% of purchase price, private mortgage Insurance at 1% of purchase price, and average interest rate for that year. $-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
2016 2017 2018 2019 2020 2021 2022
Median Sales Price
RMF-2 Zoning District
1-br
2-br
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
2-BR MEDIAN CONDO SALES PRICE (RMF-2 ZONE) vs
AFFORDABLE PRICE FOR VARIOUS AMIs
2-BR Median Sales Price
(RMF-2 Zone)
120% AMI - Affordable Price
150% AMI - Affordable Price
200% AMI - Affordable Price

7 The RMF-2 Zone represents housing options that in previous years represented greater options for middle income households to acquire units. The operating cost of many of these units has increased above the modeled number used in the above chart, most notably for HOA fees and special assessments. The high costs further limit the opportunity for households to afford to purchase housing units. The is a diverse Zoning District with different types of developed projects throughout the community. One of the factors to be considered in the analysis on STRs is whether to bifurcate this zoning district to better reflect the underlying purpose for much of the development and current level of uses for short term rental, long-term rental, owner occupied housing or strictly for second homeowner usage.

Town of Mammoth Lakes Housing NOW! Initiative
The Town has implemented additional housing programs under the Housing NOW! Initiative. The Town has invested in assisting households during emergencies. The Town has and is working with Eastern Sierria Community Housing (formerly Mammoth Lakes Housing) on housing projects. The Town has committed over $30 million in General Fund resources to housing projects between FY17-18 and FY22-23. The Town has participated in securing several State grants over this time frame including $20M for the Parcel Infrastructure, different Community Development Block Grants (CDGB), HOME Grants, use of housing in-lieu fees, and other non-general fund sources of revenue.

An overview of the various programs and projects undertaken or supported by the Town is provided in the attached recent presentation on the Hosing NOW! Initiative. A summary of these programs and others follows.

The first phase of the Parcel (The Sawyer) is an 80-unit affordable housing project, plus 1 manager unit. The project includes a new childcare facility and will house the perschool program being relocated from the Mammoth High School site. The facility includes a community space and dedicates 8+ units and space for County behavioral health programs and services, which provided a project to utilize $2M in restricted grant funds allocated to the County.

The project managing leasing company (Buckingham) has received interest in the project from over 475 households. Those expressing an interest in the project have not yet been income qualified. The project is designed to achieve an average AMI of 60%, with a maximum AMI of 80%. The project is anticipated to be opened March/April 2024.

Phae 2 (The Kingfisher Apartments) of the Parcel includes 148 units including 2 manager units. This portion of the project has been broken into Phase 2.1 and 2.2. The Town has committed $9,032,000 to the project as a long-term loan including the property value, Town impact fees and cash contribution. The developer has applied for tax credit funding for Phase 2.2 (76 units) and is anticipated to hear on December 8, 2023, whether they will be awarded the funding. The project will have similar income restrictions.

8 The Town and Eastern Sierra Community Housing (ESCH) secured a Homekey Grant of $4.4M for the Innsbruck Lodge conversion project, along with contributions of $1.4M from the Town, with additional funding from Mono County and other sources. The project will provide 15 low-income apartments with 1 manager’s unit. The project is anticipated to be completed in early 2024.

The Town has one small site development under construction. The project located at 60 Joaquin Road includes 4 units in two duplexes. This $2.7 million project will be a for sale project targeting “missing middle income” households. The project will be completed in 2024.

The Town “Bridge Program” is focused on helping local households bridge the financial gap from renting to home ownership. The program purchases existing housing units at market prices and works with qualified buyers and subsidizes the purchase price down to a viable level based on the income levels. The program targets households in the 150%+- AMI range. The homes are deed restricted to maintain affordability into the future. In some cases, the Town may provide additional loan funds. The Town has acquired 6 units under the program and placed 5 households in the units. The 6th unit is in the process of being sold. The Town is currently looking to secure another 4-6 units for this program in 2024.

The Town has committed $1.5M to assist ESCH to rehabilitate property located at 238 Sierra Manor Road into 11 affordable units. The Access Apartments project has secured loans and other funding but is not yet fully funded and has a projected $2.8M+/- funding gap.

The Town is working with other partners and has identified a potential site to develop a safe parking area for employees who have chosen or are forced to utilize their vehicle for housing. The concept is to have an area close to Mammoth Lakes that can provide basic sanitation (water, sewer, trash) services and have users feel safe and secure. The details, partnerships and scope of the project are in the very early stages of potential development.

The Town and ESCH continue to partner on retaining deed restricted units. This includes the purchase and resale of existing deed restricted units. If a qualified buyer is not secured by the current owner, funds provided by the Town and/or Mono County are used to acquire the units and work to qualify a new buyer is undertaken. This program also uses grant funds or other resources to assist with down payments through loan program, which requires repayment upon future sale of the unit. Additional first-time homebuyer grant funds are available for low-income households. However, finding housing units in a price range that households can afford even under the programs outlined here is difficult. Increasing housing prices for units that may have previously been attainable under the subsidy programs are quickly being priced beyond the reach of households even with substantial financial assistance and subsidies.

9 Demand for Affordable Housing
The above projects are predominantly focused on low-income households (income levels at 80% AMI and below). As demonstrated in the Housing needs study and current housing “waitlist” the demand for both affordable low-income and “missing middle” income housing continues in the community. The recent report from ESCH identified a rental waitlist of 196 households of 1, 2, or 3 members with 47% of the households with incomes below 50% AMI. The homeowner waitlist has 20 households with incomes ranging from 80% (6), 120% (7) and 150% (7). Income verification is pending on 10 of the households.

The turnover of affordable rental units tracked by ESCH is generally below 1% and with regular reports often showing no unit turnover.

Next Steps / Future Options
Current data suggests the community is falling further behind in providing a mix of housing for a significant portion of the local workforce. The Mammoth Unified School District is looking at options to build housing to secure teachers and support staff. Mammoth Hospital has invested in the purchase of several units to support employees. The Town owns 7 units used to assist employees. The Mammoth Community Water District owns units and has a program to assist employees to purchase housing. Several local businesses have secured limited employee housing. Mammoth Mountain Ski Area manages a substantial number of housing units in the Town and has secured additional seasonal housing units in the City of Bishop.

The Town has initiated conversations with the Inyo National Forest on the option to build housing units on existing administrative sites. This is a very long process, and the Town would need to secure funding to build the units. To our knowledge only one national forest has completed the process to allow for the construction of units on national forest land. The Town has looked to purchase land in the Crowley Lake area but was only able to secure a second position in the offer to purchase. The Town has purchased a small parcel on Manzanita and will look to duplicate a similar small site development to the one currently under construction on the Joaquin site.

The Town has presented housing concepts on Town owned land and potential partnerships with other landowners. These proposals represent longer-term housing opportunities.

The above discussion is not inclusive of every effort or program being considered by the Town, other agencies, partners, or the private sector. The totality of the efforts is still not adequate to address housing needs for the workforce. As noted in the Housing Needs Study, there is no single strategy or funding source that will address all our housing needs.

STR Management and Housing Policies
The management and even the limiting of housing units being used for STRs in several cities in California and across the nation has been implemented as one tool to address housing needs and quality of life issues raised by local communities. Attached

10 information compiled by the Town of Truckee in October 2021 and a recent study completed by the Colorado Association of Ski Towns (CAST) identifies several actions that have been taken to manage STRs. A copy of the 2023 Workforce Housing Report created by the Northwest Colorado Council of Governments and CAST is available at:

Workforce-Housing-Report-2023_Final.pdf (coskitowns.com) Mammoth Lakes has adopted a quality of life ordinance to assist in the management of STRs. The Town has developed an enforcement program for the quality of life ordinance and to ensure STR activities are being conducted legally. While these efforts are making a difference, the Town consistently finds STR operators acting illegally without a proper Business Tax Certificate (BTC) and Transient Occupancy Certificate or operating in an area that is not zoned to allow STRs.

The enforcement efforts are led by the Town’s Finance Department’s revenue team. The team is working on the development of a “certified property” program to enhance enforcement efforts and establish a greater level of responsibility of owners and engagement with the Town. The program will address concerns that have been identified under the current moratorium on the issuance of new STR transient certificates (TC) related to the management and ownership of the BTC and the TC.

The number of quality of life complaints regarding parking, trash and noise have diminished over the past few years. Complaints from over occupancy continue, often accompanied by noise and parking concerns. More recently complaints related to unpermitted construction work have increased. As part of the Certified Property program, it is anticipated that stronger rules, requirements, and penalties will be recommended for these types of violations.

The Town has received several comments and information in response to imposing the temporary moratorium on the issuance of new STR certificates in the defined zoning districts as provided for in the moratorium ordinance. The Town has addressed some of the concerns raised as the moratorium was implemented. The application of the moratorium to primarily multi-family units (i.e., condos), raised comments on costs and functionality of units to be used for long-term housing.

Information presented by realtors and STR owners during this process raised concerns and anecdotal data demonstrated that the current cost of owning a STR requires and/or is supported by the ability to have additional income from the short term rental of the property. This allows owners to use the property and enjoy the Mammoth and Eastern Sierra area. Costs include mortgage, taxes, HOA dues, special assessments, and other costs of ownership. Increased costs were highlighted with the impacts from the 2023 winter storms.

The public discussion will need to balance competing and complementary policy values.

This includes balancing the importance of the tourism economy with the economic sustainability of the Mammoth Lake community with the impacts that the STR industry is

11 having on the availability and affordability of workforce housing and the negative impact the lack of workforce housing has on the sustainability of the community. These policy discussions may be framed around the following topics as part of the study to be undertaken.
• Need for Tourist Accommodations - The community is heavily reliant on the tourism economy and, due to the community’s remote location, maintaining a steady stream of visitor spending requires an adequate and diversified inventory of overnight visitor accommodations in the form of hotel/motel rooms and STR units.
• STRs Influence Second Home Buy/Hold Decisions – The primary distortion in the housing market that disconnects home prices from workforce household incomes is demand from the second home market.

Some second home buyers often rely on income from short-term renting to afford their property. Restricting the ability to generate income can influence the decision of some second home buyers to purchase a property and of some owners to long-term rent or sell their property. Some second home buyers/owners may be unaffected. Without the ability to limit second home ownership, STR regulation remains one of the only tools available to local governments to influence purchase and hold decisions in the second home market.
• Availability of Workforce Housing Impacts Economic
Sustainability – As most in the community are aware, the availability and affordability of workforce housing impacts the ability to effectively run businesses, to provide a high-quality consumer experience, and to provide critical public services (e.g., fire and emergency medical services, snow clearing, police protection, education, and public administration, etc.). • Regulation Allows for Management of the Tourist Accommodations Inventory – Many peer communities have experienced renewed reinvestment in the hotel/motel inventory following restriction of the STR inventory. STR regulation, therefore, can be an effective tool for managing the tourist accommodations inventory, promoting desired forms of reinvestment, and enhancing the consumer experience. Regulation can also limit competition for individuals who already hold permits.

The Town has engaged BAE Urban Economics to assist with the economic analysis of the STR program in Mammoth Lakes and the relationship to the policy discussion areas noted above. Additional data will be gathered as part of the overall analysis.

12 SUMMARY
The Town of Mammoth Lakes is taking a proactive approach to addressing workforce housing concerns in the community. The Town, working with local partners, has developed, and implemented local housing programs under the Housing NOW! Initiative.

The programs include direct Town funding and continued leveraging of state and federal funded grant programs. The cost of housing and construction in the Town has placed additional constraints, as has the availability of land for housing projects. The majority of funding is restricted and targeted for low-income housing projects. Current programs to address this segment of the workforce are proceeding and will have a significant impact on closing the housing gap. These programs are primarily directed at creating rental housing units.

The ability to address the missing middle-income households, those with incomes from 80% of AMI to 200% AMI, presents a much greater challenge for the community. Current efforts rely on investment by local businesses and agencies to provide housing. The Town continues to provide funding to support housing programs for this segment of the community. The availability of current housing inventory at a price point and overall cost that is economically viable for ownership or rental is limited. The cost of new construction is high. Addressing this segment of the workforce will require creative means and funding outside of traditional state and federal grant programs. As with other communities, one market segment that has been looked at as a source of housing units is limiting the availability or incentivizing the transition of units used for STR rentals back to the longterm housing market for ownership and rental housing options.

Are there policy options within Mammoth Lakes to be considered in managing STRs as an additional strategy for increasing community workforce housing opportunities and improving the overall quality of life for residents and visitors to Mammoth Lakes? The STR Advisory Committee will be tasked with assisting the Town to study options, analyze data, outline policy options, and provide recommendations for Town Council consideration regarding the management of STRs. The committee’s work program is aggressive, and the members and Town staff are committed to working expeditiously to bring recommendations forward. The first meeting of the STR Advisory Committee is scheduled for November 13, 2023, and an update from the committee meeting will be provided to Town Council as part of this report.

13 Attachments
Town of Mammoth Lakes Ordinance 23-10
STR Management Framework Research prepared by Town of Truckee in Oct. 2022 Government Code 66300 Authority to limit STRs in Residential Zones TOML Housing Program Presentation 10-17-23
Area Median Income (AMI) Chart for 2023

ORDINANCE NO. 23- 10

AN INTERIM URGENCY ORDINANCE OF THE TOWN COUNCIL OF

THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,

ESTABLISHING A MORATORIUM ON THE ISSUANCE OF

TRANSIENT OCCUPANCY REGISTRATION CERTIFICATES
PURSUANT TO GOVERNMENT CODE SECTION 65858
WHEREAS, Mammoth Lakes is a popular tourist destination, drawing visitors from around the world to enjoy the natural environment, recreational opportunities, and amenities available in and around Mammoth Lakes and the Eastern Sierra; and WHEREAS, the Town Council recognizes the need to balance the provision of lodging options for visitors with the need of people working in and around Mammoth Lakes to have safe, secure, and affordable housing options; and
WHEREAS, the Town of Mammoth Lakes is experiencing a shortage of rental housing affordable to people with jobs in Mammoth Lakes; and
WHEREAS, Chapter 3. 12 of the Mammoth Lakes Municipal Code currently requires operators of transient occupancy facilities, defined as properties rented for not more than 30 days, to obtain a transient occupancy tax registration certificate prior to acting as an operator of a transient occupancy facility and as a condition of acting as an operator; and WHEREAS, the Town of Mammoth Lakes currently does not limit the number oftransient occupancy tax registration certificates that may be issued, either Town -wide or in any neighborhood where short- term rentals are allowed, and allows short- term rentals in the A Airport), CSP ( Clearwater Specific Plan), D ( Downtown), MLR ( Mixed Lodging/ Residential), NVSP ( North Village Specific Plan), OMR (Old Mammoth Road), R (Resort) ( subject to specific plan compliance), and RMF- 2 ( Residential Multiple -Family) zoning districts; and WHEREAS, excluding hotels and motels there are currently 3, 426 properties in Mammoth Lakes with active transient occupancy tax registration certificates; and WHEREAS, the number of such properties with long- term occupants is not known, nor is the precise relationship between the prevalence of short-term rental properties and the lack of housing units available for long- term rental, or the number of housing units purchased to be operated as short-term rentals; and
WHEREAS, anecdotal evidence suggests that the COVID- 19 pandemic has exacerbated the housing shortage, as people have moved to Mammoth Lakes and the region from elsewhere

Ordinance No. 23- 10

and some housing units previously used as long- term rentals were sold to buyers intending to occupy them; and
WHEREAS, some local residents have reported sleeping in their vehicles or moving from one crowded or unstable housing situation to another in an effort to stay in the region; and WHEREAS, the Town of Mammoth Lakes is a partner with Eastern Sierra Community Housing in working on housing solutions for Mammoth Lakes and the region, and the Town intends to continue its participation in these efforts; and WHEREAS, it is in the interest ofthe Town and its residents that the Town undertake a review to consider zoning, land use, and regulatory measures to limit or otherwise regulate the number, location, and/ or other aspects of short-term rental properties in Mammoth Lakes; and WHEREAS, the Town Council finds that there is a current and immediate threat to the public health, safety, and welfare associated with the lack of long-term rental housing in Mammoth Lakes, that there is a link between the prevalence of short-term rental properties and the lack of long-term rental housing, and that the issuance of additional transient occupancy tax registration certificates while the Town undertakes a review and consideration of measures to regulate shortterm rentals would exacerbate the threat and diminish or postpone the effectiveness of such measures; and
WHEREAS, the CSP ( Clearwater Specific Plan), NVSP ( North Village Specific Plan), and R ( Resort) ( subject to specific plan compliance) zones have been developed to support shortterm rentals and related retail services, the ongoing operation of short- term rentals in those zones does not require review at this time, and the Town does not wish to restrict short-term rentals in those zones; and
WHEREAS, California Government Code Section 65858 expressly authorizes the Town Council to adopt by four -fifths ( 4/ 5) vote, without following the procedures otherwise required for the adoption of a zoning ordinance, an urgency ordinance that would go into effect immediately following its passage, which is necessary for the immediate protection of the public health, safety, and welfare; and
WHEREAS, the Town Council recognizes that some properties in Mammoth Lakes are in the process of being sold, with escrow having been opened prior to the adoption of this urgency ordinance, that the buyers of some such properties may have entered into contracts to purchase the properties intending to obtain transient occupancy tax registration certificates, and that such buyers should be provided an opportunity to do so notwithstanding the moratorium enacted by this urgency ordinance; and
WHEREAS, on October 18, 2023, the Town Council considered the adoption of this urgency ordinance at a properly noticed public meeting; and WHEREAS, the Town Council finds that it is necessary to adopt this urgency ordinance establishing a moratorium on the issuance of new transient occupancy tax registration certificates pursuant to the Mammoth Lakes Municipal Code except as set forth herein, in order to provide

Ordinance No. 23- 10

time for the Town to review means of regulating short- term rental properties and possibly adopt such regulations; and
WHEREAS, pursuant to California Government Code Section 65858, this ordinance shall take effect immediately upon its adoption by at least a four -fifths vote of the Town Council, and shall remain in effect for no more than 45 days from the date of adoption unless it is extended following notice and a hearing pursuant to Section 65858; and WHEREAS, the Town Council finds that this ordinance does not have " the effect of denying approvals needed for the development of projects with a significant component of multifamily housing" within the meaning of California Government Code Section 65858( c).

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

Section 1. The recitals above are incorporated herein as the Town Council' s findings of urgency and necessity for the adoption of this ordinance.

Section 2. The Town Council hereby places a moratorium on the issuance of transient occupancy tax registration certificates in all zones other than R ( Resort), NVSP ( North Village Specific Plan), and CSP ( Clearwater Specific Plan), provided that: ( i) this moratorium shall not prohibit the issuance of a new transient occupancy registration certificate if a complete application therefor was received by the Town prior to the adoption of this ordinance; ( ii) this moratorium shall not prohibit the issuance of a new transient occupancy registration certificate for a dwelling unit that would be eligible to obtain such a certificate absent the enactment of the moratorium, if:
a) a binding agreement for the purchase and sale of the dwelling unit was executed prior to October 18, 2023 and escrow opened prior to October 18, 2023, but the transaction had not closed as of October 18, 2023, and ( b) a complete application for a transient occupancy registration certificate for the dwelling unit is submitted to the Town within 60 days of the close of the purchase and sale transaction; and ( iii) this moratorium shall not prohibit the renewal of a transient occupancy registration certificate for 2024, if such certificate was in effect for 2023 at the time this ordinance was adopted, or renewal for 2025 if such certificate remains active for 2024 and this moratorium has been renewed and remains in effect when 2025 renewal applications are due.

Nothing herein shall affect the Town' s authority to deny a certificate application, or suspend or cancel a certificate, pursuant to Chapter 3. 12 of the Mammoth Lakes Municipal Code.

Section 3. The Town Council hereby enacts this interim urgency ordinance by not less than a four -fifths vote, and in light of the findings set forth herein, under the authority granted to it by Article XI, Section 7 of the California Constitution and Section 65858( a) of the California Government Code, which allows the Town to adopt an interim urgency ordinance, in order to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a zoning proposal that the Town Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time.

Section 4. The Town Council hereby directs Town staff to consider and study possible means of regulating short- term rentals in Mammoth Lakes, and to present a report to the Town Council prior to the expiration of this ordinance.

Ordinance No. 23- 10

Section 5. The Town Council finds that this ordinance is not subject to the California Environmental Quality Act ( CEQA) pursuant to the following provisions of Title 14 of the California Code of Regulations: Section 15060( c)( 2) ( the adoption ofthis ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment); Section 15060( c)( 3) ( the adoption of this ordinance is not a project as defined in Section 15378); and Section 15061( b)( 3) ( it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment).

Section 6. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The Town Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.

Section 7. This ordinance shall become effective immediately upon adoption and shall be in effect for 45 days from the date of adoption unless extended by the Town Council as provided for in Government Code Section 65858.

Section 8. Pursuant to Government Code Section 65858( d), the Town Council will issue a written report not later than 10 days prior to the expiration of this ordinance describing the measures taken to alleviate the conditions which led to the adoption of this ordinance.

Section 9. The Town Clerk shall certify to the passage of this ordinance and cause the same or a summary thereof to be published within fifteen ( 15) days after adoption in a newspaper of general circulation, printed and published in Mammoth Lakes, California.

PASSED AND ADOPTED this 18th day of October, 2023 by the following vote:

AYES: {
NOES:

ABSENT: 0
ABSTAIN: b
ATTEST:
i
1 A E GRAY, Town C Ilkk

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 Ordinance No. 23- 10, which was introduced and adopted at a meeting of the Town Council of the Town of Mammoth Lakes, California, held on October 18, 2023 by the following vote:

AYES: Councilmembers Bubser, Rea, Rice, and Mayor Wentworth NOES: Mayor Pro Tern Sauser
ABSENT: None
DISQUALIFICATION: None
JA E GRAY, Town Clerk

STATE OF CALIFORNIA )
COUNTY OF MONO ) ss.

TOWN OF MAMMOTH LAKES)

AFFIDAVIT

OF PUBLISHING

AND POSTING
JAMIE GRAY, being first duly sworn, deposes and says: That she is the duly appointed Town Clerk ofthe Town of Mammoth Lakes; that in compliance with State laws of the State of California, Ordinance No. 23- 10, being:

AN INTERIM URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES,

STATE OF CALIFORNIA, ESTABLISHING A MORATORIUM ON THE ISSUANCE OF TRANSIENT OCCUPANCY REGISTRATION CERTIFICATES PURSUANT TO GOVERNMENT CODE SECTION 65858. was published in full in The Sheet newspaper on October 28, 2023 and was posted at the Town Administrative Offices.

1 Town of Mammoth Lakes
Housing Program Highlights
October 17, 2023

Area Median Income (AMI)
(Mono County)
2 INCOME LIMITS https://www.townofmammothlakes.ca.gov/DocumentCenter/View/11723 Household Size
1 2 3 4 5 6 7 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 $89,800 Median (81% ‐ 100% AMI) $67,050 $76,650 $86,200 $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 $151,750121% ‐ 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

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
3 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
4 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 acquiredand looking for
other infill sites

Partnership Projects (MLH + Town)
5 • Access Apartments
(238 Sierra Manor Road)
• (11) 1‐br apartments• Targeting 80% AMI Households• HOME, CDBG, and Town funds committed to the project • 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
• 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
6 • Convert Market‐Rate Unit 
Deed Restricted AffordableUnit
• Deed restriction runs for 55
years and renews uponeach 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
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

INCOME LIMITS FOR MONO COUNTY

STATE INCOME LIMITS
Effective Jun-06-2023
1 2 3 4 5 6 7 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 $56,100 Low (51% - 80% AMI) $47,600 $54,400 $61,200 $68,000 $73,450 $78,900 $84,350 $89,800 Median (81% - 100% AMI) $67,050 $76,650 $86,200 $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

LOCAL INCOME LIMITS
Effective Jun-06-2023
1 2 3 4 5 6 7 8
150% AMI $100,600 $114,950 $129,350 $143,700 $155,200 $166,700 $178,200 $189,700 200% AMI $134,100 $153,300 $172,450 $191,600 $206,950 $222,250 $237,600 $252,900

FEDERAL INCOME LIMITS
Effective Jun-15-2023
1 2 3 4 5 6 7 8
Extremely-Low (≤ 30% AMI) $17,850 $20,400 $22,950 $25,500 $27,550 $29,600 $31,650 $33,700 Low (31% - 50% AMI) $29,750 $34,000 $38,250 $42,500 $45,900 $49,300 $52,700 $56,100 -- (51% - 60% AMI) $35,700 $40,800 $45,900 $51,000 $55,080 $59,160 $63,240 $67,320 Moderate (61% - 80% AMI) $47,600 $54,400 $61,200 $68,000 $73,450 $78,900 $84,350 $89,800 2023
Household Size
Household Size
Income limits for various affordable housing programs are established on an annual basis and are applicable county-wide. The various income limits are used to determine applicant eligibility (based on the level of household income) for the various programs. Programs that are funded entirely with State or Local funding are subject to the State Income Limits and programs that are funded with Federal funding are subject to the Federal Income Limits.

As shown below, the State and Federal agencies define the income levels differently and use slightly different methodologies to calculate the income limits.

Household Size
https://www.hcd.ca.gov/sites/default/files/docs/grants-and-funding/income-limits-2023.pdf The state does not calculate income limits for AMI groups > 120% AMI; however, the same methodology used by the State for the income limit calculations was used to determine the higher limits https://www.hcd.ca.gov/sites/default/files/docs/grants-and-funding/2023-cdbg-income-limits.pdf

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Receive an update on the FY23/24 Eastern Sierra Community Housing (ESCH) Work Program
Council Meeting Date: 11/15/2023
Prepared by: Patricia Robertson, Executive Director, Eastern Sierra Community Housing (Mammoth Lakes Housing, Inc.)
Nolan Bobroff, Acting Community and Economic Development Director Recommended Motion: Receive a presentation from Eastern Sierra Community Housing staff on the FY 23/24 work program
Summary: The current contract agreement with Eastern Sierra Community Housing (ESCH) (formerly Mammoth Lakes Housing) was approved by Town Council in July 2022 for FY 22/23.

The agreement provided for a one-year agreement term beginning in July 2022, with the option to have the agreement automatically extend for two additional one-year terms under the same terms and conditions. The agreement was automatically extended for FY 23/24 under the same terms and conditions. The funding is set at $336,000 per year. The agreement calls out that ESCH is to provide a minimum of two work program updates to the Town Council annually. This is the first update for the current contract year and is intended to highlight current work program items.

Exhibit A of the agreement identifies the following contract deliverables:

DELIVERABLES

1. Provide Community Housing Resources
a. Continue to provide overall management and support for MLH services b. Provide housing services and information to community members through regular office hours, an updated website, and providing information on housing-related resources and/or services.
c. Provide at least two homebuyer education classes or other training opportunities annually.
d. Serve on the regional Continuum of Care for homelessness program coordination.

2. Creation and preservation of Deed Restricted Units (ownership and rental) a. Partner with the Town and Mono County to leverage the respective Revolving Loan Funds (RLF) to preserve deed restricted units.
b. Use the Town Bridge program to add new deed restricted units, as staff capacity allows, up to three units.
c. Identify funding sources and develop new programs to add affordable deed restricted units.
d. Upon implementation of the HomeKeeper database software, MLH will provide on an annual basis by April 30th of each year a monitoring compliance report of the deed restricted units to show units in compliance, sales of units, and other pertinent information.

3. Grant Procurement and Management to bring more money to produce new housing units and programs (e.g., mortgage assistance, rent assistance, etc.) a. Traditional funding sources like CDBG, HOME
b. Non-traditional sources (e.g., Community Reinvestment Act (CRA)), c. Actively manage, report, track and promote grant funding. d. Costs of administering grants shall be paid to the extent contemplated by Section

1.c of Exhibit B.

4. Provide Real Estate Services
a. Any additional real estate services, such as selling Town-owned real estate, will be commission-based.
i. Representation of the Seller will be performed for 1.5% of the Sales Price ii. Representation of the Buyer will be performed for 1.5% of the Sales Price

5. Stewardship of Existing Community Housing Assets
a. Ensure applicant compliance with the Kitzbuhl Regulatory Agreement b. Annually monitor homeownership land trust units and Town’s mortgage assistance loan portfolio.
c. Enter all of the Town’s deed restrictions into the HomeKeeper Database and provide annual monitoring services. Any costs associated with enforcing restrictions that MLH is not a party to, will be billed directly. d. Prepare the Annual Apartment Vacancy Report.

6. Provide Community Updates
a. Formal updates (a minimum of two per year) to the Town Council on MLH activities with one to outline the coming year's work program. b. Provide ongoing informal updates as appropriate to Town Council and Town Staff. c. Submit all documents and invoices (activity delivery, setup/completion, state funds request, deed of trust, promissory note, etc.) on a timely basis.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Consider a request for additional funding for the Eastern Sierra Community Housing (formerly Mammoth Lakes Housing) Access Apartments project Council Meeting Date: 11/15/2023
Prepared by: Nolan Bobroff, Acting Community and Economic Development Director Recommended Motion: Consider the request for an additional funding to be committed to the Access Apartments project
Summary: The Town has received a funding request from Eastern Sierra Community Housing (ESCH) (formerly Mammoth Lakes Housing) for additional funding to be committed to the Access Apartments affordable housing project located at 238 Sierra Manor Road. The project is an adaptive reuse project that will convert the existing two commercial buildings into 11 one-bedroom apartment units that will be available to households earning 80% Area Median Income (AMI) and below.

Increased project construction costs and timeline delays continue to have impacts on the project.

These impacts are due to numerous factors including: the economic impacts of the COVID-19 public health crisis, the continued volatile materials market, availability of labor, delayed grant awards, etc. The current total cost of the project is approximately $11M. These costs include acquisition, soft costs, construction, contingency, project operating/replacement reserves, etc.

They do not include carrying costs or staff time that ESCH has invested over the past six years, which ESCH has absorbed.

To date, there is $8.8M committed to the project. This includes: $1.5M from the Town, $3M in CDBG funding (Town grant), $3.4M in HOME funding (ESCH grant), $749K from Mono County, and $300K from other sources (grants and private donors). The current funding gap is $2M.

The project is “shovel ready” and there is a contractor ready to start the project should it be funded.

The construction start date, pending funding, is spring 2024. However, to start construction, the project needs to have all funds committed.

In recent years, the Town has implemented, and funded, a variety of housing projects under the Town’s Housing NOW! Initiative (commitment of over $30 million in General Fund resources to housing projects since FY17-18). As a result of those efforts, approximately 100 new affordable units will be ready for occupancy within the next 12 months. With each of those projects, staff conducted a cost-benefit analysis and used the per unit cost to assist in analyzing the Town’s investment in the project (a summary of recent housing projects, including total project costs, Town contribution, and per unit cost is provided below). For this project, the current $1.5M commitment equates to a per unit cost of $136,363/unit, and for all projects funded, the Town’s commitment has not surpassed $200,000/unit. The current request for an additional $2M would result in a per unit cost of $318,181.

Based on the rationale described above, staff’s recommendation would be a commitment of up to $200,000/unit for a total commitment of $2.2M towards the project ($700,000 in additional funding above the current $1.5M committed). A funding source for the additional funding has not been identified.

Housing Project Summary
Access Apartments: 11 affordable units (80% AMI)
- Project Cost (Anticipated): $11M ($1M/unit)
- Town Contribution: $1.5M
o $136,363/unit
Parcel Ph 1: 81 units (80 affordable [30% - 80% AMI] and 1 manager’s unit) - Project Cost: $56.8M ($700,000/unit)
- Town Contribution: $870,000 (Deferred Loans)
o $10,721/unit
Parcel Ph 2: 148 units (146 affordable [30% - 80% AMI) and 1-2 manager’s units) - Project Cost: TBD
- Town Contribution: $9M (Deferred Loans)
o $61,027/unit
Innsbruck Lodge Conversion: 16 units (15 affordable [30% - 80% AMI] and 1 manager’s unit) - Project Cost: $6.8M ($427,000/unit)
- Town Contribution: $1.4M
o $87,500/unit
60 Joaquin Rd PUD: 4 units (Affordable to 150% AMI Households) - Project Cost: $2.6M ($650,000/unit)
- Anticipated Subsidy: $200,000/unit
BRIDGE Program: To date, 5 units sold to eligible households (120% - 150% AMI) - Average Subsidy: $125,797/unit (based on the sale of 5 units)

1 Clerk
From: Kelley Barton <[email protected]>
Sent: Monday, November 13, 2023 4:44 PM
To: Clerk
Subject: Please help Mammoth Lakes Housing fill the funding gap [EXTERNAL EMAIL]
We own a condo in Mammoth and have given financial support for quite a while to Mammoth Lakes Housing. I’m writing to please include my comments to the Town Council regarding a request from MLH to fill their funding gap so they can complete the Access Apartments Project. It will help with affordable housing and they are so close!! Please pass this along.

Thanks!
Kelley Barton
Call: 562-537-0809
1629 Majestic Pines Dr., #T108
Mammoth Lakes, CA
[email protected]
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1 Clerk
From: Sharon Clark <[email protected]>
Sent: Wednesday, November 15, 2023 11:46 AM
To: Clerk
Subject: Access Apartment Projecy
[EXTERNAL EMAIL]
Hi Jamie,
We've not communicated in a while. Hope this finds you and your family well.

Would you please add this to each Town Councilors packet. Thank you, Sharon
Good afternoon, Mammoth Lakes Town Councilors,
For seven years, as building supplies escalated in price, Access Apartments (initial cost $6M) has been waiting for Mammoth Lakes Town Council (MLTC) to step up to the plate and help fund this $11M 'shovel ready' project. Mammoth Lakes Housing has diligently raised $8 million from State and Federal Grants, Mono County, businesses and private individuals. Everyone everywhere recognizes our town's critical and urgent need. I am asking you to fund the final $1.5M in order to have 13 units ready for occupancy in 2025. Our town's commitment to this long time priority would prove that we care about the folk who wait on our tables, build our roads/homes and pack our groceries.

In 2020, the United States Census said Mammoth Lakes population was 7,191, reflecting a 12.7% decrease from the 2010 Census number of 8,230. Why the decrease? Perhaps our workers living in their cars in surrounding forests were not counted.

For Access Apartments to continue to languish in never-never land makes no common sense and certainly no financial cents. Building supplies continue to go up. We need to build workforce housing now.

If you have any questions, please call me....760-924-5639.

2 Thank you for considering funding for Access Apartments now, Sharon

1 Clerk
From: Pat Agnitch <[email protected]>
Sent: Wednesday, November 15, 2023 12:27 PM
To: Clerk
Subject: Access Apartment Project Funding
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[EXTERNAL EMAIL]
Good Afternoon Jamie,
Can you please share this email with Town Council. Thanks much! Pat
Mayor Wentworth and Town Councilmembers,
Your consideration of providing funds to enable the Access Apartment Project to be built is greatly appreciated. For years the Eastern Sierra Community Housing organization has been piecing together Grants and other sources of funding to build affordable housing in our community. At this point they are so close to making this project become a reality and the Town’s support in funding the gap will make this project come to fruition.

Affordable housing is important to the financial health of every community. Judging by the amount of Want Ads in the newspapers and various websites, including many vacant Town positions, the lack of housing is a critical factor. The Parcel project is a great beginning, however, more housing is needed in town.

Thank you for your consideration in providing gap funding for the Access Apartments Project.

Pat Agnitch
Resident
Sent from my iPad

1 Clerk
From: Heidi Steenstra <[email protected]>
Sent: Wednesday, November 15, 2023 3:06 PM
To: Clerk
Subject: Support for Access apartments
[EXTERNAL EMAIL]
Hello Council members ,
Please consider funding the gap on the Access project.

This project has been a while in the making but will help to diversify the locations of affordable housing throughout the town.

Thank you,
Heidi Steenstra
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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) – Senior Planner Kim Cooke 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 STR (Short Term Rental Advisory Committee) – Rice and Bubser 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.