Mammoth Lakes City Council
December 20, 2023

Town Council Agenda

Wednesday, December 20, 2023, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:

Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, Councilmember John Wentworth 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. 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 Receive the monthly Mammoth Main Base Redevelopment Project Update (“Evolving Main”) (Mammoth Mountain Main Lodge Area).

5.2 Did you Know? Air Service

5.3 Receive the monthly Parcel Affordable Housing Project Construction Update.

5.4 Receive the notification that an application for an Amendment to the Snowcreek Development Agreement has been submitted.

6. PUBLIC PRESENTATIONS

6.1 Inyo Mono Broadband Consortium (IMBC) Update on Regional Broadband Activities Presented by Scott Armstrong, Regional Broadband Coordinator.

7. CONSENT AGENDA

7.1 Approve the minutes of the special meeting of November 29, 2023.

7.2 Approve the minutes of the regular meeting of December 6, 2023.

7.3 Receive and file the Snowcreek Development Agreement annual review report, finding the Developer in good faith substantial compliance with the terms and conditions of the Development Agreement.

7.4 Accept the project closeout report for the 2023 Emergency Facility Repair Project.

7.5 Accept the project closeout report for HSIP 203 Crosswalks project.

7.6 Approve the resolution authorizing the purchase of the property located at 1629 Majestic Pines Drive, Unit 101 in the Bigwood Condominium complex for the Town’s Housing Now! BRIDGE Program.

7.7 Approve the resolution authorizing the purchase of the property located at 449 Sierra Manor Road, Unit 12 in the Forest Meadows Condominium complex for the Town’s Housing Now! BRIDGE Program.

7.8 Approve the resolution authorizing the purchase of the vacant real property located at 362 Chaparral Road (APN 035-160-016-000).

7.9 Approve the resolution authorizing the sale of the property located at 550 Mono Street, Unit I-101 in the Meridian Court Condominium complex as a part of the Town’s Housing Now! BRIDGE Program.

7.10 Approve the request for a Public Convenience or Necessity Letter from the Mammoth Lakes Town Council in support of Yosemite Axe Throwing’s application for a Type-40 On-Sale Beer license from the CA Alcoholic Beverage Control and authorize the Community
and Economic Development Director to sign the letter documenting this determination.

7.11 Adopt a Resolution Approving the FY 22/23 Development Impact Fee Report and Making Finding that there Remains a Reasonable Relationship for the Fee Program.

7.12 Accept Check Register 12/6/23 in the amount of $371,877.75.

8. POLICY MATTERS

8.1 Waive the reading and introduce by title only the attached ordinance to adopt a single-use plastic water bottle prohibition.

8.2 Waive the reading and introduce by title only the ordinance adding Municipal Code Chapter 10.24 regarding vehicles on Trails, MUPs, & Sidewalks.

8.3 Approval of Council Strategic Priorities and Key Objectives for 2024.

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

10. CLOSED SESSION

10.1 Pursuant to Government Code Section 54956.8, the Town Council will hold a conference with its representatives in regard to property negotiations pertaining to:

Property: 100 College Parkway/ APN 035-010-049
Agency Negotiators: Daniel C. Holler and Rob Patterson
Negotiating Parties: Town of Mammoth Lakes and Mammoth Lakes Foundation representatives Betsy Truax, Luan Mendel, and Gary Myers Under Negotiation: Price and terms of payment.

11. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION

12. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, January 3, 2024 at 4:00 p.m.

TOWN COUNCIL STAFF REPORT
Title: Receive the monthly Mammoth Main Base Redevelopment Project Update (“Evolving Main”) (Mammoth Mountain Main Lodge Area).

Meeting Date: December 20, 2023
Prepared by: Jen Murillo, Contact Planner
RECOMMENDATION:

No recommendation or action is needed on this item.

SUMMARY: [changes from 11/15/23 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. Scopes of work for technical studies (e.g., biological, cultural, traffic, etc.) are being refined based on scoping comments received in late 2022 and fieldwork completed in late 2023. After technical studies are completed, the Draft Environmental Impact Report/Environment Impact Statement (EIR/EIS) will be prepared.
 Outreach – On November 29, 2023, a Town Council workshop was held to discuss key project considerations ahead of the draft specific plan being prepared. Based on workshop feedback, future public meetings are anticipated to be topic focused as discussions with the project’s “Working Group” (i.e., Town staff, the applicant, and various stakeholders (e.g., Mammoth Lakes Fire Protection District, Mammoth Lakes Police Department, etc.) proceed. A workshop with the Planning and Economic Development Commission (PEDC) is anticipated for January 10, 2024. Regular updates will continue to be provided to the Council and PEDC.  State Route (SR) 203 Potential Relinquishment Analysis – The first step in analysis of a potential relinquishment of any portion of SR 203 is Caltrans’ preparation of a Relinquishment Assessment Report (RAR). On December 6, 2023, the Council approved a letter requesting Caltrans evaluate the entirety of SR 203 within the Town’s boundary in logical segments. The Town and Caltrans will continue to coordinate as work on the RAR begins.
 Target Schedule
Ongoing Additional outreach meetings/events
Late 2024 Draft EIR/EIS available for review
Late 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: Did you Know? Air Service
Council Meeting Date: 12/20/2023
Prepared by: Pam Kobylarz, Assistant to the Town Manager Recommended Motion: This is an informational item only.

Summary: Each month the Town publishes a “Did you Know?” piece that highlights aspects of the Town’s programs and services that the public may not be familiar with. November’s piece focused on Air Service at Mammoth Yosemite Airport. It was published in The Sheet, the Mammoth Times, and el Sol over the Thanksgiving holiday weekend, as well as being posted on the Town’s social media and website.

Did you know that you can fly to
Mammoth Yosemite Airport (MMH)
or Bishop (BIH)?
TownofMammothLakes.ca.gov Town of Mammoth Lakes

DID YOU
KNOW?
• Advanced Airlines will operate from November 22, 2023 (special Wednesday flight for Thanksgiving) through April 29, 2024 from Hawthorne-LA (HHR) and Carlsbad (CLD) directly into Mammoth Lakes. • Flights on Advanced Airlines will be offered Thursdays, Fridays, Sundays and Mondays on a 30-passenger jet.
• Hawthorne (HHR) is only 10 minutes from LAX and a free shuttle from HHR to LAX is provided for passengers arriving from MMH. This service must be confirmed in advance while booking your reservation. • United Airlines is offering daily flights into the Eastern Sierra Regional Airport in Bishop (BIH), just 45 minutes south of Mammoth Lakes, direct from San Francisco (SFO) beginning December 14 and from Denver (DEN) beginning December 21 through March 30, 2024.
• Please email [email protected] to receive your unique United local discount code or use the code MMHLOCAL to receive a flight discount all season long on Advanced Airlines.
• Flight check-in and pick-up for Advanced Airlines is now located in the Mammoth Yosemite Airport terminal building. The terminal also includes a new café – enjoy! Page 6 of 132
TownofMammothLakes.ca.gov Town of Mammoth Lakes
¿Sabias que puedes volar hacia
Mammoth Yosemite Airport (MMH) o
Bishop (BIH)?
• Advance Airlines empezara sus operaciones desde Noviembre 22, 2023 (Miercoles vuelo especial de Dia de gracias) hasta Abril 29, 2024 desde Hawthorne-LA (HHR) y Carlsbad (CLD) directo hacia Mammoth Lakes. • Los vuelos que ofrece Advance Airlines estaran disponibles Jueves, Viernes, Domingos, y Lunes en un Jet de 30-pasajeros.
• Hawthorne (HHR) esta a solo 10 minutos de LAX y un camion sera disponible gratis para aquellos pasajeros que lleguen de MMH.

Este servicio tiene que ser confirmado por adelantado mientras hace su reservacion.
• United Airlines esta ofreciendo vuelos diarios hacia Eastern Sierra Regional Airport en Bishop (BIH), solo a 45 minutos hacia el sur de Mammoth Lakes desde San Francisco (SFO) empezando Diciembre 14 y desde Denver (DEN) empezando Diciembre 21 hasta Marzo 30, 2024. • Favor de mandar correo electronico a [email protected] para recibir tu descuento exclusivo de United por ser local, usa el codigo MMHLOCAL para recibir tu decuento de vuelo toda esta temporada en la aerolinea Advance Airlines.
• Para recoger pasajeros y hacer check-in en la aerolinea de Advance solo visite la terminal de Mammoth Yosemite Airport. La terminal Tambien incluye un nuevo lugar de Café - Disfruta!
¿SABÍAS QUE?

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Receive the monthly Parcel Affordable Housing Project Construction Update.

Council Meeting Date: 12/20/2023
Prepared by: Nolan Bobroff, Acting Community and Economic Development Director Amy Callanan, Engineering Manager
Recommended Motion: This is an informational item only. No recommendation or action is needed.

Summary: Staff will provide the Town Council with an update on the construction of Phase 1 (The Sawyer).

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
P.O. Box 1609, Mammoth Lakes, CA 93546
Phone: (760) 965-3630 Fax: (760) 934-7493
www.townofmammothlakes.ca.gov
DATE: DECEMBER 20, 2023

TO TOWN COUNCIL
FROM: NOLAN BOBROFF, ACTING COMMUNITY & ECONOMIC

DEVELOPMENT DIRECTOR
RE: SNOWCREEK DEVELOPMENT AGREEMENT AMENDMENT (DA
23-001)
CC: DANIEL C. HOLLER, TOWN MANAGER
Pursuant to Section 17.108.030.B of the Zoning Code, this memo serves as notification to the Town Council that an application for an Amendment to the 2010 Snowcreek Development Agreement (SDA) has been submitted. Staff is currently reviewing the application and working with the applicant on potential amendments to the SDA. Staff will keep the Council updated on the progress of the application.

Broadband Update
Town of Mammoth Lakes
December 20, 2023
https://ConnectedEasternSierra.net/

Overview
• Grants Update
• Middle-Mile Broadband Initiative
• IMBC Work Plan Updates
• Public Outreach and Engagement
• Mono County Broadband Strategic Plan
• Other Activities
• Acronyms for Reference

Grants Updates
• CASF Consortia Grant
• CPUC FFA Grant
• CPUC LATA Grant
• BEAD
• CASF Infrastructure Account
• USDA RD Broadband Technical Assistance

Grants: Consortia Grant
• Grant Year 1 of 3 ends January 31, 2023
• Working on 2nd Semiannual Reporting and Audit

Grants: FFA
• Grant Applications Submitted for Our Region
• Currently in the Challenge Process
• CPUC May Allow Applicants to Amend Applications
• Expected Award Notifications in January
• Allocations: $13,220,000 for Inyo, $10,600,000 for Mono • Second Application Window – 2024 Q1

Grants: LATA
• Current Status of Mono & Mammoth LATA Grants
• Grant Activities are through the GSCA JPA
• Low-Level Design In Progress
• Current Status of Inyo LATA Grants
• Phase 1-A Designs Nearing Completion
• Phase 1-B Contract Awarded, designs due January 25, 2024

Grants: BEAD
• NTIA BEAD Allocation for California: $1.86B
• Five-Year Plan Submitted to NTIA on August 28, 2023
• Goal: Broadband Service at 100Mbps/10Mbps for All
• Next Steps:
• NTIA Initial Proposal Approval in 2024
• CPUC Selects Subgrantees
• Final Proposal due One Year Later (2025)

Grants: CASF Infrastructure
• Next Grant Application Window is Not Yet Open
• Next Grant Application Window closes April 1, 2024
• Providers and Local Governments can Apply
• Allows Fixed Wireless for Last Mile

Grants: USDA RD
• USDA RD Broadband Technical Assistance:
• Hammil & Furnace Creek Applications Awarded on November 13 • Award Letters and Cooperative Agreements Signed December 5

Middle-Mile Broadband Initiative
• MMBI (the Project) & MMBN (the Network)
• Current MMBI Network Map
• Construction, Purchases, Leases and Joint Builds
• Committed to all 10,000+ miles, 7,000 miles within the next 18 months • Interconnects every 2500 feet
• MMBI Purchase of Digital 395 Network
• Asset Purchase Agreement Signed
• NTIA Petition for Waiver Submitted September 29
• Next Step: Membership and Class A Membership Board Approval • Closing requires NTIA Waiver, Membership Approval & Other Conditions

Work Plan Updates
• Service Issue Escalation Tools
• Updated Unserved Data for all Potential Project Areas • Speed Test Reporting: Latency Data Fields for BEAD
• Added a Resources Page

Public Outreach & Engagement
• https://connectedeasternsierra.net/broadband/get-involved/ • Short Survey to Gather Input
• Speed Test Data – Interactive Graphs

Mono Broadband Strategic Plan
• Roadmap for Mono County to Improve Internet Access
• Plan will Recommend Strategies to Overcome Challenges • Process is Based on Pew Charitable Trust Recommendations • Participation from County and Town
• Gathering Data

Other activities
• Participated in CPUC BEAD Workshop October 26

Acronyms
• ACP – Affordable Connectivity Program
• BEAD – Broadband Equity, Access, and
Deployment (NTIA grant program)
• CASF – California Advance Services Fund
(within the CPUC)
• CBC – California Broadband Cooperative (Digital
395 network)
• CDT – California Department of Technology
• CPUC – California Public Utilities Commissions
• FCC – Federal Communications Commission
• GSCA – Golden State Connect Authority (JPA –
RCRC)
• GSN – Golden State Net – MMBI Third Party
Network Administrator
• IMBC – Inyo-Mono Broadband Consortium
(ESCOG, CASF Consortia Grant)
• JPA – Joint Powers Authority
• MMBI – Middle-Mile Broadband Initiative
(State of California project)
• MMBN – Middle-Mile Broadband Network
(GSN-managed network)
• NTIA – National Telecommunications &
Information Administration
• RCRC – Rural County Representatives of
California
• USDA RD – US Department of Agriculture Rural
Development

Town Council of Mammoth Lakes
Minutes of Special Meeting
November 29, 2023, 3:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea,
Councilmember Amanda Rice
_____________________________________________________________________

1. CALL TO ORDER AND ROLL CALL
The Mayor called the meeting to order at 3:09 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
Ken Brengle led the flag salute.

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

4. WORKSHOP

4.1 Mammoth Main Base Redevelopment Project (Evolving Main) Discussion (Mammoth Mountain Main Lodge Area) (GPA 22-001, DZA 22-001).

Planning and Economic Development Commissioners Greg Eckert and Paul Chang were in attendance.

Town Council Minutes
November 29, 2023

Senior Planner Kim Cooke introduced Jen Murillo, Lisa Wise Consulting.

Ms. Murillo gave a presentation outlining the proposed project.

Councilmember Rea joined the meeting at 3:14 p.m.

Ron Cohen, Mammoth Mountain Ski Area, read General Plan excerpts regarding the Main Lodge and said that they had used General Plan concepts in their proposal.

Tyler Lee, Mountain Resort Specialist for Mammoth Ranger District, said that he was happy to answer questions.

There was discussion among members of the Commission, members of Council, Mr. Cohen, and staff.

CONSENSUS:

Direct staff to move forward with the request for the Caltrans study regarding relinquishment of Highway 203.

The Mayor called a recess at 4:19 p.m. and the Council reconvened at 4:34 p.m.

5. PUBLIC HEARINGS

5.1 Public Hearing on the adoption of an interim urgency ordinance extending the moratorium on the issuance of new transient occupancy registration certificate.

The Mayor opened the public hearing at 4:34 p.m.

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 spoke in opposition to the extension of the moratorium.

Jason Herbst spoke in opposition to the extension of the moratorium.

Jan Henry spoke in opposition to the extension of the moratorium.

Matthew Lehman spoke in opposition to the extension of the moratorium.

Jerry Immel spoke in opposition to the extension of the moratorium.

Dan Sherby spoke in opposition to the extension of the moratorium.

Dave Chesavage spoke in opposition to the extension of the moratorium.

Town Council Minutes
November 29, 2023

Andrew Bunenko spoke in opposition to the extension of the moratorium.

Sandy Hogan spoke in support of the extension of the moratorium.

John Morris, Chair of the STR Advisory Committee, spoke in opposition to the extension of the moratorium.

Christina spoke in opposition to the extension of the moratorium.

Sarah Nuttall, member of the Eastern Sierra Community Housing Board, spoke in opposition to the extension of the moratorium.

Teri Stehlik spoke in opposition to the extension of the moratorium.

E. B. spoke in opposition to the extension of the moratorium.

Diane Stilwell spoke in opposition to the extension of the moratorium.

Robert Knott spoke in opposition to the extension of the moratorium.

Mark C. spoke in opposition to the extension of the moratorium.

John B. spoke in opposition to the extension of the moratorium.

Tracy Kyger spoke in opposition to the extension of the moratorium.

The Mayor closed the public hearing at 6:07 p.m.

There was discussion among members of Council and staff.

Moved by Councilmember Amanda Rice
Seconded by Mayor John Wentworth
Adopt the interim urgency ordinance of the Town of Mammoth Lakes extending a moratorium on the issuance of transient occupancy registration certificates pursuant to Government Code Section 65858. (Requires a 4/5ths vote to approve.)
For (4): Mayor John Wentworth, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Against (1): Mayor Pro Tem Bill Sauser
Carried (4 to 1)
The Mayor called a recess at 6:39 p.m. and the Council reconvened at 6:48 p.m.

Town Council Minutes
November 29, 2023

6. POLICY MATTERS

6.1 Appointment of member to the STR (Short Term Rental) Advisory Committee.

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

There was discussion among members of Council and staff.

Moved by Councilmember Amanda Rice
Seconded by Councilmember Sarah Rea
Appoint Isaura Ocampo to the STR Advisory Committee.

For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Carried (5 to 0)

7. CLOSED SESSION
At 6:53 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.

7.1 Pursuant to Government Code Section 54956.8, the Town Council will hold a conference with its representatives in regard to property negotiations pertaining to:

7.2 Pursuant to Government Code Section 54956.8, the Town Council will hold a conference with its representatives in regard to property negotiations pertaining to:

7.3 Pursuant to Government Code Section 54956.8, the Town Council will hold a conference with its representatives in regard to property negotiations pertaining to:

7.4 Pursuant to Government Code Section 54956.8, the Town Council will hold a conference with its representatives in regard to property negotiations pertaining to:

8. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 7:29 p.m. and announced that there was no reportable action taken.

Town Council Minutes
November 29, 2023

9. ADJOURNMENT
The Council adjourned the meeting at 7:29 p.m.

Jamie Gray, Town Clerk

Town Council of Mammoth Lakes
Minutes of Regular Meeting
December 6, 2023, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea,
Councilmember Amanda Rice
_____________________________________________________________________

1. CALL TO ORDER AND ROLL CALL
The Mayor called the meeting to order at 4:02 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Sauser led the flag salute.

3. PUBLIC COMMENTS
Sarah Walsh announced that she would be running for Mono County District 3 Supervisor in the upcoming election.

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

Town Council Minutes
December 6, 2023

5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Town Manager Daniel C. Holler announced actions taken at the last STR Advisory Committee meeting. There was discussion among members of Council and staff.

5.1 December 2023 Public Works Engineering CIP Update.

6. WORKSHOP

6.1 Joint Meeting with Mammoth Lakes Tourism – Annual Recap.

Mammoth Lakes Tourism Board Chair Pat Foster, Vice Chair Eric Clark, Treasurer John Morris, Board Member Bill Sauser, Board Member Jess Karell, and Board Member Cristi Quesada-Costa were in attendance.

John Urdi, Mammoth Lakes Tourism (MLT) Executive Director, and members of MLT staff gave a presentation regarding MLT's Annual Recap.

There was discussion among members of Council, members of the Board, and staff.

The Mayor called a recess at 4:58 and the Council reconvened at 5:03 p.m.

7. COUNCIL PRESENTATIONS

7.1 Recognition of Mayor's Spirit of Mammoth Award.

This item was taken out of order.

Mayor Wentworth presented his Mayor's Spirit of Mammoth Award to Janet Hatfield.

7.2 Recognition of outgoing Mayor John Wentworth.

Members of the Council thanked Mayor Wentworth for his service as Mayor in the past year.

8. COUNCIL REORDGANIZATION

8.1 Appointment of Mayor and Mayor Pro Tem.

Moved by Mayor John Wentworth
Seconded by Councilmember Amanda Rice
Appoint Mayor Pro Tem Sauser as the Mayor.

Town Council Minutes
December 6, 2023

For (5): Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice
Carried (5 to 0)
Moved by Councilmember Amanda Rice
Seconded by Councilmember Sarah Rea
Appoint Councilmember Bubser as the Mayor Pro Tem.

For (5): Mayor Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, and Councilmember John Wentworth
Carried (5 to 0)

8.2 Town Council Appointments to Commissions, Committees, and Boards.

There was discussion among members of Council.

Moved by Mayor Pro Tem Chris Bubser
Seconded by Councilmember Amanda Rice
Appoint Councilmember Rice in place of Councilmember Wentworth on the Local Transportation Commission (LTC). Appoint Councilmember Wentworth in place of Mayor Sauser on the Mammoth Lakes Tourism (MLT) Board. All of the other Council appointments will remain the same.

For (5): Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, and Councilmember John Wentworth
Carried (5 to 0)

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

Town Council Minutes
December 6, 2023

For (5): Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, and Councilmember John Wentworth Carried (5 to 0)

9.1 Approve the minutes of the regular meeting of November 15, 2023.

9.2 Accept Check Register 11/8/23 in the amount of $285,037.35. Accept Check Register 11/16/23 in the amount of $899,234.39. Accept Check Register 11/21/23 in the amount of $899,234.39. Accept Check Register 11/29/2023 in the amount of $2,613,834.90.

10. POLICY MATTERS

10.1 Consider approval of a request for an additional $700,000 in funding for the Eastern Sierra Community Housing Access Apartments project.

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

There was discussion among members of Council and staff.

PUBLIC COMMENT:

Patricia Robertson, Executive Director of Eastern Sierra Community Housing, spoke in support of additional funding for the project.

Michael spoke in support of low income housing.

A member of the public spoke in support of the Access Apartments Project and providing additional funding for the project.

Jennifer Kreitz, Mono County Board of Supervisors and member of the Eastern Sierra Community Housing Board, spoke in support of funding for regional housing.

Tom Hodges, Eastern Sierra Community Housing Board, spoke in support of funding the project.

Sandy Hogan spoke in support of additional funding for the project.

There was discussion among members of Council and staff.

Moved by Councilmember John Wentworth
Seconded by Mayor Pro Tem Chris Bubser

Town Council Minutes
December 6, 2023

Approve the allocation of an additional $700,000 in funding to be committed to the Access Apartments project.

For (5): Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, and Councilmember John Wentworth
Carried (5 to 0)

10.2 Request to Caltrans to complete a Relinquishment Assessment Report for State Route 203.

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

There was discussion among members of Council and staff.

PUBLIC COMMENT:

Tom Hodges, Vice President of Planning and Development at Mammoth Mountain Ski Area, said that they were concerned about the length of time it would take to study multiple parts of the highway instead of just the part through their Main Lodge Redevelopment project. There was discussion among members of Council and Mr. Hodges.

Moved by Councilmember John Wentworth
Seconded by Councilmember Amanda Rice
Approve letter to Caltrans requesting a Relinquishment Assessment Report be completed for all or a portion of State Route 203 in the Town of Mammoth Lakes.

For (5): Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, and Councilmember John Wentworth
Carried (5 to 0)

10.3 E-Bike Ordinance and Municipal Code Update.

Office of Outdoor Recreation Manager Lawson Reif outlined the information in the staff report. There was discussion among members of Council and staff.

Town Council Minutes
December 6, 2023

10.4 ESCCRP (Wildfire Fuels Reduction Project) Engagement & Public Comment.

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

There was discussion among members of Council and staff.

PUBLIC COMMENT:

Ales Tomaier, Mammoth Lakes Fire Protection District Fire Chief, spoke in support of the letter.

Janet Hatfield, Whitebark Institute, spoke in support of the letter.

Moved by Councilmember John Wentworth
Seconded by Mayor Pro Tem Chris Bubser
Approve submission of public comment as presented regarding the Eastern Sierra Climate & Communities Resilience Project (ESCCRP).

For (5): Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, and Councilmember John Wentworth
Carried (5 to 0)
Moved by Councilmember John Wentworth
Seconded by Councilmember Sarah Rea
Direct staff to submit a letter as a separate comment to the California Joint Strategy for Sustainable Outdoor Recreation and Wildfire Resilience as a reference document to help inform the environmental assessment.

For (5): Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, and Councilmember John Wentworth
Carried (5 to 0)

10.5 Council Strategic Priorities and Key Objectives Update for 2024.

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

There was discussion among members of Council and staff.

Town Council Minutes
December 6, 2023

PUBLIC COMMENT:

Tom Hodges, Vice President of Planning and Development at Mammoth Mountain Ski Area, asked the Council to add an item regarding centralized public parking.

10.6 Presentation of Pre-Audit Financial Results for Fiscal Year 22-23, Fund Balance, Projects, and Continuing Commitments.

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

Moved by Councilmember John Wentworth
Seconded by Councilmember Sarah Rea
Adopt the resolution amending the FY23-24 budget as recommended on Attachment A.

For (5): Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, and Councilmember John Wentworth
Carried (5 to 0)

11. COUNCILMEMBER REPORTS
Councilmember Rice said that she has been attending STR Advisory Committee subcommittee meetings.

Councilmember Wentworth attended the STR Advisory Committee meeting, Mayor Pro Tem Bubser said she has also been attending STR Advisory Committee subcommittee meetings.

Mayor Sauser attended the JLL (Jones Lang LaSalle) Sierra Nevada Region Recreation Focus virtual meeting and the Mammoth Lakes Tourism Board meeting.

12. CLOSED SESSION
At 7:06 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.

12.1 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph 1 of subdivision (d) of Section 54956.9) Name of case:

Town Council Minutes
December 6, 2023

Main Street Taxpayer Association v. Town of Mammoth Lakes (Case No. : 23UCM82)

12.2 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph 1 of subdivision (d) of Section 54956.9) Name of case:

Main Street Taxpayer Association v. Town of Mammoth Lakes (Case No. 23UCM12)

13. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 7:19 p.m. and announced that there was no reportable action taken.

14. ADJOURNMENT
The Council adjourned the meeting at 7:19 p.m.

Jamie Gray, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
1 Title: Receive and file the Snowcreek Development Agreement annual review report, finding the Developer in good faith substantial compliance with the terms and conditions of the Development Agreement.

Council Meeting Date: 12/20/2023
Prepared by: Michael Peterka, Associate Planner
Recommended Motion: Receive and file the Snowcreek Development Agreement annual review report, finding the Developer in good faith substantial compliance with the terms and conditions of the Development Agreement.

Summary:

Development Agreements
Development Agreements (DAs) are contracts negotiated between project proponents and public agencies that govern the allowable land uses in a particular project and establish the conditions to which a development will be subject. DAs provide mutual benefits to the parties and must be consistent with the General Plan and any applicable specific plan.

Neither an applicant nor a public agency is required to enter into a DA; DAs are voluntary agreements of both parties. The terms and conditions of DAs are negotiated between the parties and subject to the ultimate approval of the public agency after following a specifically required process.

State law, Government Code 65864 et seq., and Municipal Code Chapter 17.108 outline the requirements for Town of Mammoth Lakes DAs. DAs are recorded, which binds future owners to the requirements and obligations contained in the DA. The Snowcreek DA (SDA) was adopted consistent with these requirements.

Snowcreek Development Agreement (SDA)
The SDA was approved by Town Council via Ordinance 10-08 and became effective on July 23, 2010.

The SDA provides a 20-year vesting for the Snowcreek Master Plan Update (Snowcreek VIII) and Snowcreek VII projects, which total approximately 260 acres within the Snowcreek Master Plan area.

The SDA is intended to:
• Increase the likelihood the subject development projects are built as intended in the long-term; • Ensure the provision of needed facilities, improvements, or services; and • Provide assurance to the developer regarding the rules, regulations, and policies applicable to future development.

Both the Town and the Developer share mutual interest in implementation of Snowcreek VII and Snowcreek VIII projects and the improvements that would result.

Community benefits provided through the SDA include:
• Allowing egress of backcountry skiers, snowboarders, and snowshoers from the Sherwin Range earlier than required (SDA Section 2.2.1.a).
• Permanent preservation of the Mammoth Creek open space corridor (SDA Section 2.2.1.b). • Additional Financial Contribution (“AFC”) paid per unit at building permit issuance. This cash flow could result in up to $10 million for purposes beneficial to the community and intended to be applied to various projects located within a surrounding geographic nexus (SDA Section

2.2.2). This includes support for affordable housing projects. • Fiscal benefits that will accrue to the Town and community through the implementation of the Project as intended would not occur without the DA, including transient occupancy taxes.

2 • Secondary access for both Snowcreek V and VIII and the emergency vehicle access road, which is in addition to the Fire District requirements. • Establishment of public access across certain points of the project to surrounding public lands prior to project construction and after completion, which would provide access to an enhanced network of publicly accessible multi-use paths that is connected to the Town’s trail system.

Additional community benefits provided by the Project are identified in the Recitals of the SDA (Available online here: https://www.townofmammothlakes.ca.gov/DocumentCenter/View/5109) Snowcreek Development Agreement - Annual Review
Because of economic conditions and the significant impacts caused by the recession, a determinate phasing schedule of development was not practical and was not approved with the SDA. Rather, basic performance milestones were provided, which are listed in the attached annual review report (Attachment 1). The SDA allows for a finding that it is acceptable for milestones to have not been met due to unavoidable delays or events as described in Section 11.15 of the SDA.

Attachment 1 is the 2023 annual review report for the SDA and Attachment 2 is the written statement from the developer initiating the annual review.1 This report finds that the Developer is in good faith substantial compliance with the terms and conditions of the SDA. 2023 Updates
• Snowcreek VII (Creekhouse) Development Status: A total of 110 units within 36 buildings have been completed and the remaining 8 units within 3 buildings are under construction. The Snowcreek VII development, which began construction in 2007, will be completed in 2024. • The final map for TTM 09-002 (Snowcreek VIII) was recorded in 2023. The final map parcelizes the 222-acre development area into smaller parcels to accommodate the future development phases.
• An entitlement application for the initial phase of the residential component of Snowcreek VIII was submitted. Staff expects grading and infrastructure improvement plans to be submitted in 2024 with the goal of beginning grading in the Spring 2024. • The 9-hole Snowcreek golf course did not operate in summer 2023 season due to impacts resulting from the significant snowfall received in winter 2022/23. The Developer has verbally commented to the Town Council that they intend to operate the course in summer 2024. • Fairway Drive (private road providing access to Snowcreek V and the future Snowcreek VIII development) was repaved in October 2023.
• Grading began on the new bus stop and turnaround (Snowcreek VII Condition of Approval) at the corner of Woodman Street and Old Mammoth Road in October 2023. • The Developer has submitted an application to amend the Snowcreek Development Agreement. Staff and the Developer are having ongoing discussions related to the proposed amendments.

Attachments

1. Snowcreek Development Agreement 2023 Annual Review Report

2. Letter from Mr. Charles R. Lande initiating the Snowcreek Development Agreement Annual Review, dated received by the Town October 20, 2023

1 The Snowcreek Development Agreement Annual Review Reports for all prior years are available here:
https://www.townofmammothlakes.ca.gov/648/Development-Agreements

Snowcreek Development Agreement - 2023 Annual Review Report Development Agreement Schedule of Performance Review
Snowcreek Hilltop Development Company, LLC. & Snowcreek Investment Company II, LLC Development Agreement Summary: Snowcreek Development Agreement
Effective Date: July 23, 2010
Term: 20 years
Expiration Date: July 23, 2030
Affected Projects:

1. Snowcreek VII

2. Snowcreek VIII
Town Manager Determination: Developer is found
to be in good faith substantial compliance with the
terms and conditions of the Snowcreek Development
Agreement.

Town Manager: Daniel C. Holler
Signature: ________________________________
Date: December 20, 2023

Snowcreek Development Agreement – 2023 Annual Review Report Development Agreement Milestones (Article 2, Section 2.2.1) Subject Milestone Due Date Actual Date of
Implementation
Satisfied/
Complete Notes
Annual
Review
Developer will initiate the annual review by
submitting a written statement to the Town
Manager describing the Developer’s good
faith substantial compliance with the terms
and conditions of the DA for the prior
calendar year (7.2.2).

Initiated October
31st each year
Letter dated
October 20, 2023
Yes This annual review
report is to be
received and filed
by Town Council
on December 20,
2023.

Backcountry
Egress
Allow egress of backcountry skiers,
snowboarders, and snowshoers from the
Sherwin Range prior to effective date of DA
(2.2.1.a).

Prior to effective
date of DA
Prior to effective
date of DA
Yes
Continue to allow [egress of backcountry
skiers, snowboarders, and snowshoers from
the Sherwin Range] during the pendency of
construction of that portion of the Projects
so long as the Developer, at its sole election,
determines that such egress shall not
negatively affect public safety (2.2.1.a).

On-going during
construction of
portion of the
Projects that would
affect that Sherwin
Range egress
Mammoth
Creek Open
Space
Corridor
Record a real estate conveyance document,
whether a grant deed, a conservation
easement, or another legal mechanism
reasonably approved by the Town Attorney,
to permanently protect the Mammoth Creek
Open Space Corridor (2.2.1.b).

July 23, 2014 July 19, 2018 –
Ownership of the
Mammoth Creek
corridor property
transferred to the
Town and the
conservation
easement to DFW
recorded
Yes 9.39 acres of the

14.97 acre parcel
used to satisfy
Mitigation Measure
BIO-4a from the
Snowcreek VIII
EIR;
Remaining 5.58
acres of the 14.97
acre parcel are
available for the
Town to use for
future mitigation
needs.

Snowcreek Development Agreement – 2023 Annual Review Report Phasing Actual construction will occur in phases and
subphases based on what the market will
absorb at any given point in time. It is the
intention of the parties for each phase or
subphase of the Projects to provide all of the
facilities, programs (including affordable
housing), features, amenities, access and
easements described in the Vested Rules as
well as payment of all fees at the time set
forth in the Vested Rules, related to that
phase or subphase. The parties agree to
discuss the actual phasing of development
and the associated timing for completion of
facilities, programs (including affordable
housing), features, amenities, access and
easements in connection with the
application for each use permit or
Subsequent Approval (2.2.1.c.1).

Application for
each use permit or
Subsequent
Approval; ongoing with each
phase of
construction
Snowcreek VII – 36
of the 39 buildings
have been
completed (110
units); the
remaining 3
buildings (8 units)
are under
construction and
expected to be
completed in 2024
Snowcreek VIII –
The tentative map
for the initial phase
has been submitted.

Resort Hotel
and 18-Hole
Golf Course
Subject to Section 11.15, if development of
the Resort Hotel and 18-hole championship
golf course has not commenced within 10
years after the effective date of the DA, then
the remaining 10-year term of the DA shall
be reduced one day for each day, or portion
thereof, the 10-year milestone has not been
met (2.2.1.c.2).

July 23, 2020 The initial 10-year
deadline for the
development of the
Resort Hotel and
18-Hole Golf
Course ended on
July 23, 2020. They
are now in the
phase where they
lose one day for
each day the
milestone has not
been met.

Project Sales
Price
Publicly available Project sales price
activity shall be reviewed during the Annual
Review, pursuant to Section 7.2 (2.2.2.f.3)
During annual
review once units
are for sale or have
been sold

Snowcreek Development Agreement – 2023 Annual Review Report Additional Progress
In addition to the milestones identified above, progress has been made on the following Snowcreek projects:
 Snowcreek VII (Creekhouse) development status:
o 110 of the 118 units (36 of 39 buildings) spread across the three phases of the development have been completed and have received Certificates of Occupancy.
o The remaining 8 units (3 buildings) are under construction and expected to be completed in 2024.  The final map for TTM 09-002 (Snowcreek VIII) was recorded in 2023. The map parcelizes the 222-acre development area into smaller parcels to accommodate the future development phases.  The developer has submitted an entitlement application for the initial phase of the residential component of Snowcreek VIII.

Staff expects grading and infrastructure improvement plans to be submitted in 2024 with the goal of beginning grading in the Spring 2024.
 Grading began on the new bus stop and turnaround at the corner of Woodman Street and Old Mammoth Road in October 2023.  Fairway Drive was repaved in October 2023.

1 TOWN COUNCIL STAFF REPORT
Subject: Project Closeout Report for the 2023 Emergency Facility Repair Project Meeting Date: December 20th, 2023
Written by: Riley Griesenbeck, Engineering Technician
RECOMMENDATION:

Staff recommends Town Council accept the project closeout report for the 2023 Emergency Facility Repair Project.

BACKGROUND:

On March 3, 2023, due to the extreme weather conditions and historic accumulations of snow in Mammoth Lakes during the winter of 2022-2023, the Town Manager proclaimed a state of emergency. This proclamation was ratified by Town Council on March 7, 2023, followed by a renewed state of emergency proclamation on March 27, 2023, ratified by Town Council on March 31, 2023. The extreme weather conditions that led to these emergency proclamations caused significant damage to a number of Town facilities and infrastructure, including damage to wooden fencing, metal railings, sidewalks, curbs, gutters, drain inlets, detectable warning surfaces, and signage. On May 17th, 2023, Town Council approved Resolution 23-29 and authorized staff to procure necessary services, equipment, and materials to repair public facilities and infrastructure throughout Town to safeguard life, health, safety, and property without a competitive bidding process.

Town staff reviewed damaged infrastructure and facilities around Town to determine the project scope. After this review, the following project priorities were identified: concrete work (damaged sidewalks and storm drain inlets), Lake Mary Road & Lakes Basin MUP wooden fence, steel handrail connecting South Frontage Road to SR 203, and replacing damaged truncated domes/detectable warning surfaces along SR 203 sidewalks. During this process, Staff contacted local contractors to determine the best fit for this project. Staff selected Walker Industries, Inc. to perform work for this project given their experience working with the Town, experience with numerous trades, and ability to dedicate a number of employees to this project. The contract for this project was executed on June 21, 2023.

Work on this project began on July 11, 2023 with the removal and replacement of damaged sidewalk on Meridian Blvd. During the early June review of damage, staff identified 150 SF of damaged sidewalk to be repaired. However, as construction progressed, sidewalk panels continued to “pop”, a term that describes the heaving and raising of sidewalk panels at joints due to large daily temperature changes. As a result, the Contractor removed and replaced a total of 607 SF of sidewalk. Staff worked with the Contractor to take measures to prevent future heaving, including adding rebar at joints and replacing sidewalk panels with thickened edges to provide additional structural support and prevent moisture intrusion. During this first month of work, the Contractor also repaired storm drains at the

2 corners of SR 203 and Old Mammoth Road and Minaret Road and Forest Trail and a section of the helipad north of SR 203 damaged by snow removal operations.

After the completion of concrete work, Contractor moved up to the wooden fence along the Lake Mary Road and Lakes Basin MUP that was heavily damaged by snow loads.

There were two principal types of damage to this fencing: snapped horizontal lumber that gave out under the weight of snow pushing down and bending of Simpson fence post ties that brought entire fence sections of out plumb due to snow mass moving downhill.

Snapped lumber was repaired through simple removal and replacement. Fencing sections out of plumb required more significant repairs, including removing all lumber, plumbing Simpson ties, and reinstalling the lumber with new hardware, pouring new concrete piers, and installing concrete blocks to protect fence sections from erosion. In total, Contractor repaired 3,500 LF of wooden fence along Lake Mary Road and in the Lakes Basin over the course of a month and a half. During the fence work portion of this project, Contractor also replaced 62 LF of damaged guardrail by Twin Lakes.

The final portion of this project involved repairing/replacing damaged steel handrail along ramps between the Frontage Road and SR 203 and replacing damaged plastic truncated dome surfaces with galvanized steel truncated domes. In total, the Contractor fabricated and replaced 117 LF of steel handrail and 228 SF of truncated domes.

Notice of Completion was sent to the County recorder on November 30, 2023.

3 PROJECT LOCATION:

FINANCIAL CONSIDERATIONS:

The engineer’s construction estimate for the original project scope was $400,000.

Expenditures for this project totaled $476,696.79:

Description Cost
Construction Contract – Walker Industries $448,401.26
Materials Purchase $9,384.41
Playground/ Parks Equipment $13,269.61
Staff Wages $5,641.51
Total Project Expenditures $476,696.79
This project was funded by the General Fund – Emergency Response (FD 100). Staff are pursuing reimbursement from FEMA and CalOES to recoup Town funds allocated to this project.

4 PRE-CONSTRUCTION PHOTOS:

5

6

7

8 CONSTRUCTION PHOTOS:

9

10 POST-CONSTRUCTION PHOTOS:

11

TOWN COUNCIL STAFF REPORT
Subject: Project Closeout Report for SR 203 Crosswalks (HSIP) Meeting Date: December 20th, 2023
Written by: Colin Brownlee, Engineering Assistant
Amy Callanan, Engineering Manager
Shaun Troy, Finance Analyst
RECOMMENDATION:

Staff recommends that Town Council accept the project closeout report for SR 203 Crosswalks (HSIP).

BACKGROUND:

In 2020, Town Staff began evaluating the need for improvements to crosswalks along State Route 203 / Main Street. This need came from comments from the public, experience of staff members, and identifying increased pedestrian traffic along SR 203 with the recent completion of the Main Street Sidewalks. On March 26th, 2021, the Town was awarded $191,400.00 through the Highway Safety Improvement Program (HSIP) for design and construction funding. The initial design by Cardno USA Inc. included a new crosswalk at Mountain Boulevard and improvements to the existing crosswalks at Laurel Mountain Road and at the Post Office. The initial estimates came in at $989,600.00, the majority of which was associated with the new Mountain Blvd crosswalk. The project was phased to include just the existing crosswalk improvements, and salvaging the existing overhead mast arms, bringing estimates down to $176,800.00. Phase 1 of the project went to bid on May 5th, 2023 and it closed on June 2nd, 2023 with two bids. The low responsive bidder was Xcel Engineering, Inc at $114.730.00.

Improvements to the existing crosswalks include installation of Rectangular Rapid Flash Beacons (RRFB) on the overhead mast arms (back-to-back), on the base of the mast arms and on advanced warning signs (facing oncoming traffic). The advanced warning signs communicate by radio, are powered by solar and are approximately 150’-300’ ahead of the crosswalk (location dependent) to provide additional response time for drivers. The additional flashing beacons provide greater visibility of the crosswalk and therefore safety for pedestrians. The project also included new striping of the crosswalks and triangular yield lines (known as “shark’s teeth”).

The press buttons were upgraded to ADA compliant buttons with audio feedback as to when the crosswalk has been activated. These improvements will provide a greater and safer pedestrian experience along the Town’s Main Street.

Staff continues to work towards installation of a new crosswalk at Mountain Boulevard in coordination with the Main Street MUP project which will close the gap along the south side of Main Street between Callahan Way and Minaret Road.

PROJECT LOCATION:

FINANCIAL CONSIDERATIONS:

The project had a budget of $206,037.20. Total expenditures were $183,402.46:

Description Cost
Preliminary Engineering $57,365.26
Construction $118,960.78
Staff Wages $7,017.98
Total Project Expenditures $183,344.02
This project was primarily funded by HSIP which covered $30,000.00 in preliminary engineering expenditures, $118,960.78 in construction expenditures, and $7,076.42 in staff wages for a total of $156,037.20. The remaining expenditures totaling $27,365.26 were funded by SB-1 Road Maintenance and Rehabilitation Account (“RMRA”). The project was under budget by $22,634.74. The remaining funds will be moved back to FD 210 (SB-1 RMRA).

PRE CONSTRUCTION PHOTOS:

POST CONSTRUCTION PHOTOS:

RRFB on base of mast arm at PO New crosswalk paint
Advanced warning flashing beacon ahead of New pedestrian push button with audio feedback Laurel Mtn crosswalk. Powered by solar and
communications by radio

New post office crosswalk with advanced warning RRFB in the foreground New Laurel Mountain crosswalk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the resolution authorizing the purchase of the property located at 1629 Majestic Pines Drive, Unit 101 in the Bigwood Condominium complex for the Town’s Housing Now! BRIDGE Program
Council Meeting Date: 12/20/2023
Prepared by: Nolan Bobroff, Acting Community and Economic Development Director Recommended Motion: Approve the resolution authorizing the purchase of the property located at 1629 Majestic Pines Drive, Unit 101 in the Bigwood Condominium complex for the Town’s Housing Now! BRIDGE Program.

Summary: Staff is recommending the Town Council approve the purchase of the following condominium unit:
1629 Majestic Pines Drive, Unit 101 (Bigwood complex): 1-bedroom, 1-bath, 672 square-foot unit with a detached 1-car garage
 Purchase Price: $470,000, plus closing costs
 Estimated Sales Price (future): $330,000, plus closing costs (estimated subsidy: $150,000) This unit will be acquired as a part of the Bridge program under the Town’s Housing Now! initiative. The goal of the Bridge Program is to increase the number of affordable ownership units within the Town through the purchase of existing market-rate homes that are then deed restricted and sold to qualified households at a subsidized price. Qualified households can make no more than 150% Area Median Income (AMI) to be eligible. The goal for the program is to maintain an average subsidy of approximately $150,000 per unit with a goal of adding 12 units to the Town’s deed-restricted unit portfolio. This will be the seventh unit acquired as a part of the Bridge program utilizing the funds allocated by the Town Council for such purposes.

If successful in the acquisition of this unit and the other unit the Town is in escrow, the Town and Eastern Sierra Community Housing (ESCH) will potentially have three units for sale (the 2 units in escrow for purchase plus the sale of an existing unit the Town owns) at deed restricted prices that are available to households earning at or below 150% of the AMI. Individuals interested in purchasing a unit through the Bridge program should contact Eastern Sierra Community Housing (ESCH) at (760) 934-4740.

The acquisition of this unit is consistent with the Town Council 2022 strategic priority to “expand availability and affordability of community housing.”

RESOLUTION NO. 2023-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA, AUTHORIZING THE

PURCHASE OF THE PROPERTY LOCATED AT
1629 MAJESTIC PINES DRIVE, UNIT 101 IN THE
BIGWOOD CONDOMINIUM COMPLEX (APN: 033-301-101-000)
WHEREAS, the Town Council’s strategic priorities adopted on July 20, 2022 include a priority to “Expand availability and affordability of Community Housing”; and WHEREAS, the Town Council has authorized funding for the implementation of several housing policy directives and programs, branded as the “Housing Now!” initiative; and WHEREAS, implementation of Town housing programs includes the dedication of Town resources to provide a range of community housing that is available and affordable to those working in the community; and
WHEREAS, to effectively implement the Town’s Housing Now! program, the Town has set aside resources to provide a range of community housing that is affordable to the community, including community housing opportunities for households that earn above 80% of the area median income (AMI) (“moderate-income households”); and WHEREAS, state and federal programs generally do not provide funding assistance to households that earn above 80% AMI, despite those households not being able to afford housing in the Town of Mammoth Lakes; and
WHEREAS, the Town has the opportunity to work in partnership with private property owners to further the availability of workforce housing by purchasing market-rate housing units that are then either: (a) re-sold as a deed restricted unit at a reduced affordable price; or (b) retained as rental workforce housing units; and
WHEREAS, consistent with the statement above, the Town has the opportunity to purchase the residential unit located at 1629 Majestic Pines Drive, Unit 101 (“Property”) within the Bigwood condominium complex, which will then be re-sold as a deed-restricted unit at a reduced affordable price; and
WHEREAS, the proposed sale of the Property is considered to be a voluntary, arm’s length transaction and the seller of the Property is not eligible for relocation payments or other relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), or any other law or regulation; and WHEREAS, the purchase and sale of housing units by the Town requires the execution of required real estate documents and use of licensed real estate professionals to secure information necessary to implement the Town’s housing programs and initiatives to expand availability and affordability of community housing through the purchase of property, conversion of existing housing units, and the sale of housing units; and

Resolution No. 23-__

WHEREAS, Section 2.08.060(L) of the Mammoth Lakes Municipal Code authorizes the Town Manager “… to sign documents specified in Section 40602 of the Government Code of the state whenever such documents have been approved by the Town Council for execution by resolution, motion, or minute order or other appropriate action”; and WHEREAS, Government Code Section 40602 refers to “all warrants drawn on the city treasurer”, “all written contracts and conveyances made or entered into by the [Town]”, and “all instruments requiring the [Town] seal”.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth as follows:

Section 1. The above findings are true and correct and the Town Council finds the use of Town resources to secure workforce housing within the Town of Mammoth Lakes a public purpose. The Town faces an acute shortage of housing available to the local workforce, and the Town’s acquisition and subsequent rental of the Property at an affordable rent will assist in providing such affordable housing.

Section 2. The Town Council authorizes purchase of the Property, being a one-bedroom condominium, for the price of $470,000, plus related closing costs. The purchase is deemed to be “for the public benefit” for purposes of Government Code Section 37350.

Section 3. The Town Manager is authorized to take all necessary actions to complete the purchase of the Property and to sign all required real estate documents on behalf of the Town of Mammoth Lakes.

APPROVED AND ADOPTED THIS 20th day of December 2023.
___________________________________
BILL SAUSER, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the resolution authorizing the purchase of the property located at 449 Sierra Manor Road, Unit 12 in the Forest Meadows Condominium complex for the Town’s Housing Now! BRIDGE Program
Council Meeting Date: 12/20/2023
Prepared by: Nolan Bobroff, Acting Community and Economic Development Director Recommended Motion: Approve the resolution authorizing the purchase of the property located at 449 Sierra Manor Road, Unit 12 in the Forest Meadows Condominium complex for the Town’s Housing Now! BRIDGE Program.

Summary: Staff is recommending the Town Council approve the purchase of the following condominium unit:
449 Sierra Manor Road, Unit 12 (Forest Meadows complex): 2-bedroom plus loft, 2-bath, 1,231 square-foot unit
 Purchase Price: $665,000, plus closing costs
 Estimated Sales Price (future): $515,000, plus closing (estimated subsidy: $150,000) This unit will be acquired as a part of the Bridge program under the Town’s Housing Now! initiative. The goal of the Bridge Program is to increase the number of affordable ownership units within the Town through the purchase of existing market-rate homes that are then deed restricted and sold to qualified households at a subsidized price. Qualified households can make no more than 150% Area Median Income (AMI) to be eligible. The goal for the program is to maintain an average subsidy of approximately $150,000 per unit with a goal of adding 12 units to the Town’s deed-restricted unit portfolio. This will be the eighth unit acquired as a part of the Bridge program utilizing the funds allocated by the Town Council for such purposes.

If successful in the acquisition of this unit and the other unit the Town is in escrow in, the Town and Eastern Sierra Community Housing (ESCH) will potentially have three units for sale (the 2 units in escrow for purchase plus the sale of an existing unit the Town owns) at deed restricted prices that are available to households earning at or below 150% of the AMI. Individuals interested in purchasing a unit through the Bridge program should contact Eastern Sierra Community Housing (ESCH) at (760) 934-4740.

The acquisition of this unit is consistent with the Town Council 2022 strategic priority to “expand availability and affordability of community housing.”

RESOLUTION NO. 2023-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA, AUTHORIZING THE

PURCHASE OF THE PROPERTY LOCATED AT
449 SIERRA MANOR ROAD, UNIT 12 IN THE

FOREST MEADOWS CONDOMINIUM COMPLEX
(APN: 035-173-012-000)
WHEREAS, the Town Council’s strategic priorities adopted on July 20, 2022 include a priority to “Expand availability and affordability of Community Housing”; and WHEREAS, the Town Council has authorized funding for the implementation of several housing policy directives and programs, branded as the “Housing Now!” initiative; and WHEREAS, implementation of Town housing programs includes the dedication of Town resources to provide a range of community housing that is available and affordable to those working in the community; and
WHEREAS, to effectively implement the Town’s Housing Now! program, the Town has set aside resources to provide a range of community housing that is affordable to the community, including community housing opportunities for households that earn above 80% of the area median income (AMI) (“moderate-income households”); and WHEREAS, state and federal programs generally do not provide funding assistance to households that earn above 80% AMI, despite those households not being able to afford housing in the Town of Mammoth Lakes; and
WHEREAS, the Town has the opportunity to work in partnership with private property owners to further the availability of workforce housing by purchasing market-rate housing units that are then either: (a) re-sold as a deed restricted unit at a reduced affordable price; or (b) retained as rental workforce housing units; and
WHEREAS, consistent with the statement above, the Town has the opportunity to purchase the residential unit located at 449 Sierra Manor Road, Unit 12 (“Property”) within the Forest Meadows condominium complex, which will then be re-sold as a deed-restricted unit at a reduced affordable price; and
WHEREAS, the proposed sale of the Property is considered to be a voluntary, arm’s length transaction and the seller of the Property is not eligible for relocation payments or other relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), or any other law or regulation; and WHEREAS, the purchase and sale of housing units by the Town requires the execution of required real estate documents and use of licensed real estate professionals to secure information necessary to implement the Town’s housing programs and initiatives to expand availability and affordability of community housing through the purchase of property, conversion of existing housing units, and the sale of housing units; and

Resolution No. 23-__

WHEREAS, Section 2.08.060(L) of the Mammoth Lakes Municipal Code authorizes the Town Manager “… to sign documents specified in Section 40602 of the Government Code of the state whenever such documents have been approved by the Town Council for execution by resolution, motion, or minute order or other appropriate action”; and WHEREAS, Government Code Section 40602 refers to “all warrants drawn on the city treasurer”, “all written contracts and conveyances made or entered into by the [Town]”, and “all instruments requiring the [Town] seal”.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth as follows:

Section 1. The above findings are true and correct and the Town Council finds the use of Town resources to secure workforce housing within the Town of Mammoth Lakes a public purpose. The Town faces an acute shortage of housing available to the local workforce, and the Town’s acquisition and subsequent rental of the Property at an affordable rent will assist in providing such affordable housing.

Section 2. The Town Council authorizes purchase of the Property, being a two-bedroom plus loft condominium, for the price of $665,000, plus related closing costs. The purchase is deemed to be “for the public benefit” for purposes of Government Code Section 37350.

Section 3. The Town Manager is authorized to take all necessary actions to complete the purchase of the Property and to sign all required real estate documents on behalf of the Town of Mammoth Lakes.

APPROVED AND ADOPTED THIS 20th day of December 2023.
___________________________________
BILL SAUSER, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the resolution authorizing the purchase of the vacant real property located at 362 Chaparral Road (APN 035-160-016-000)
Council Meeting Date: 12/20/2023
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Approve the resolution authorizing the purchase of the vacant real property located at 362 Chaparral Road (APN 035-160-016-000).

Summary: Staff is recommending the Town Council approve the purchase of the vacant real property located at 362 Chaparral Road in the amount of $350,000 plus closing costs. The property is approximately 0.33 acres in size, is vacant, and is zoned RMF-1. The proposed use for the property would be for the future development of affordable housing. The property has a base density of four (4) units, which could be increased to a maximum density of eight (8) units through the Town’s Density Bonus program. The final density will depend on the design of the units on the property. Additionally, the Town owns the vacant property (i.e., 377 Manzanita Road) to the west of the subject parcel, which creates the opportunity for a development that encompasses both properties and provides connectivity between Chaparral and Manzanita.

Funding for the purchase was allocated to the Town’s Housing Now! program from the FY 22/23 fund balance. The proposed acquisition of land, together with the overall Housing Now! initiative, supports the Town Council Strategic Priority to “Expand Availability and Affordability of Community Housing” since the acquisition will allow for the future development of additional affordable housing in the community.

RESOLUTION NO. 2023-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA, AUTHORIZING THE

PURCHASE OF THE REAL PROPERTY LOCATED AT
362 CHAPARRAL ROAD (APN: 035-160-016-000)
WHEREAS, the Town Council’s strategic priorities adopted on July 20, 2022 include a priority to “Expand availability and affordability of Community Housing”; and WHEREAS, the Town Council has authorized funding for the implementation of several housing policy directives and programs, branded as the “Housing Now!” initiative; and WHEREAS, implementation of Town housing programs includes the dedication of Town resources to provide a range of community housing that is available and affordable to those working in the community; and
WHEREAS, to effectively implement the Town’s Housing Now! program, the Town has set aside resources to provide a range of community housing that is affordable to the community, including community housing opportunities for households that earn above 80% of the area median income (AMI) (“moderate-income households”); and WHEREAS, state and federal programs generally do not provide funding assistance to households that earn above 80% AMI, despite those households not being able to afford housing in the Town of Mammoth Lakes; and
WHEREAS, the Town has the opportunity to work in partnership with private property owners to further the availability of workforce housing by purchasing vacant land that is appropriately zoned and sized to allow for the future development of affordable, deed-restricted multi-family housing; and
WHEREAS, consistent with the statement above, the Town has the opportunity to purchase the vacant real property located at 362 Chaparral Road (“Property”) within the Residential Multi-Family 1 (RMF-1) zoning district, which will allow for the future development of affordable, deed-restricted multi-family housing units; and WHEREAS, the purchase and sale of real property by the Town requires the execution of required real estate documents and use of licensed real estate professionals to secure information necessary to implement the Town’s housing programs and initiatives to expand availability and affordability of community housing through the purchase of property, conversion of existing housing units, and the sale of housing units; and WHEREAS, Section 2.08.060(L) of the Mammoth Lakes Municipal Code authorizes the Town Manager “… to sign documents specified in Section 40602 of the Government Code of the state whenever such documents have been approved by the Town Council for execution by resolution, motion, or minute order or other appropriate action”; and WHEREAS, Government Code Section 40602 refers to “all warrants drawn on the city

Resolution No. 23-__

treasurer”, “all written contracts and conveyances made or entered into by the [Town]”, and “all instruments requiring the [Town] seal”.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth as follows:

Section 1. The above findings are true and correct and the Town Council finds the use of Town resources to secure workforce housing within the Town of Mammoth Lakes a public purpose. The Town faces an acute shortage of housing available to the local workforce, and the Town’s acquisition and subsequent rental of the Property at an affordable rent will assist in providing such affordable housing.

Section 2. The Town Council authorizes purchase of the Property, being a vacant parcel with a size of approximately 0.33 acres, for the price of $350,000, plus related closing costs. The purchase is deemed to be “for the public benefit” for purposes of Government Code Section 37350.

Section 3. The Town Manager is authorized to take all necessary actions to complete the purchase of the Property and to sign all required real estate documents on behalf of the Town of Mammoth Lakes.

APPROVED AND ADOPTED THIS 20th day of December 2023.
___________________________________
BILL SAUSER, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the resolution authorizing the sale of the property located at 550 Mono Street, Unit I-101 in the Meridian Court Condominium complex as a part of the Town’s Housing Now! BRIDGE Program
Council Meeting Date: 12/20/2023
Prepared by: Nolan Bobroff, Acting Community and Economic Development Director Recommended Motion: Approve the resolution authorizing the sale of the property located at 550 Mono Street, Unit I-101 in the Meridian Court Condominium complex as a part of the Town’s Housing Now! BRIDGE Program.

Summary: Staff is recommending the Town Council approve the sale of the following condominium unit:
550 Mono Street, Unit I-101 (Meridian Court complex): 1-bedroom, 1-bath, 502 square-foot unit with a detached 1-car garage
 Purchased in November 2019 for $278,000
 Estimated Sales Price: $300,000+/-, plus closing costs (estimated subsidy: $50,000+/-) This unit was acquired in November 2019 for the purposes of providing an employee housing unit, until such time that the Town decided to sell the unit at a deed-restricted price through the Town’s Bridge program under the Town’s Housing Now! initiative. The goal of the Bridge Program is to increase the number of affordable ownership units within the Town through the purchase of existing market-rate homes that are then restricted and sold to qualified households at a subsidized price. Qualified households can make no more than 150% Area Median Income (AMI) to be eligible. The current unit may be restricted to a lower income level (i.e., 120% AMI). The town’s goal was to add 12 units to the Town’s deed-restricted unit portfolio through FY23-24. This will be the nineth unit to be sold as a part of the Bridge program.

The Town and Eastern Sierra Community Housing (ESCH) will potentially have three units for sale (the 2 units in escrow for purchase plus the sale of this unit) at deed restricted prices that are available to households earning at or below 150% of the AMI (or as otherwise determined based on purchase and sale amounts). Individuals interested in purchasing a unit through the Bridge program should contact Eastern Sierra Community Housing (ESCH) at (760) 934-4740.

The sale of this unit is consistent with the Town Council 2022 strategic priority to “expand availability and affordability of community housing.”
The listing of this unit for sale will be delayed due to some recent damage that the unit incurred.

Repairs are being coordinated and the unit will be listed for sale upon completion of the repairs.

RESOLUTION NO. 2023-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA, AUTHORIZING THE

SALE OF THE PROPERTY LOCATED AT
550 MONO STREET, UNIT I-101 IN THE

MERIDIAN COURT CONDOMINIUM COMPLEX
(APN: 033-165-022-000)
WHEREAS, the Town Council’s strategic priorities adopted on July 20, 2022 include a priority to “Expand availability and affordability of Community Housing”; and WHEREAS, the Town Council has authorized funding for the implementation of several housing policy directives and programs, branded as the “Housing Now!” initiative; and WHEREAS, implementation of Town housing programs includes the dedication of Town resources to provide a range of community housing that is available and affordable to those working in the community; and
WHEREAS, to effectively implement the Town’s Housing Now! program, the Town has set aside resources to provide a range of community housing that is affordable to the community, including community housing opportunities for households that earn above 80% of the area median income (AMI) (“moderate-income households”); and WHEREAS, state and federal programs generally do not provide funding assistance to households that earn above 80% AMI, despite those households not being able to afford housing in the Town of Mammoth Lakes; and
WHEREAS, the Town has the opportunity to work in partnership with private property owners to further the availability of workforce housing by purchasing market-rate housing units that are then either: (a) re-sold as a deed restricted unit at a reduced affordable price; or (b) retained as rental workforce housing units; and
WHEREAS, consistent with the statement above, the Town purchased the residential unit located at 550 Mono Street, Unit I-101 (“Property”) within the Meridian Court condominium complex in November 2019 to be used as a rental workforce housing unit until such time that the Town decided to sell the Property as a deed-restricted unit at a reduced affordable price; and WHEREAS, the Property is not currently occupied, such there will be no “displaced persons” as a result of the Town’s sale of the Property; and WHEREAS, the purchase and sale of housing units by the Town requires the execution of required real estate documents and use of licensed real estate professionals to secure information necessary to implement the Town’s housing programs and initiatives to expand availability and affordability of community housing through the purchase of property, conversion of existing housing units, and the sale of housing units; and

Resolution No. 23-__

WHEREAS, Section 2.08.060(L) of the Mammoth Lakes Municipal Code authorizes the Town Manager “… to sign documents specified in Section 40602 of the Government Code of the state whenever such documents have been approved by the Town Council for execution by resolution, motion, or minute order or other appropriate action”; and WHEREAS, Government Code Section 40602 refers to “all warrants drawn on the city treasurer”, “all written contracts and conveyances made or entered into by the [Town]”, and “all instruments requiring the [Town] seal”.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth as follows:

Section 1. The above findings are true and correct and the Town Council finds the use of Town resources to secure workforce housing within the Town of Mammoth Lakes a public purpose. The Town faces an acute shortage of housing available to the local workforce, and the Town’s sale of the Property at an affordable price will assist in providing such affordable housing. The purchase and sale of deed-restricted housing units is consistent with the Town Council 2022 strategic priority to “expand availability and affordability of community housing” in the Town of Mammoth Lakes.

Section 2. The Town Council authorizes the Town Manager to negotiate and execute the sale of the Property, being a one-bedroom condominium. The Town Manager is authorized to negotiate the sales price and to approve the use of Town funds restricted or allocated to assist with downpayment assistance to meet the requirement of the sale of the Property to an income-qualified buyer, to secure appropriate deed-restrictions, to secure a loan subordinate to the primary loan for down-payment assistance, and to take other actions required to secure the sale of the Property. Sale transactions for the Property are hereby approved.

APPROVED AND ADOPTED THIS 20th day of December 2023.
___________________________________
BILL SAUSER, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
1 Title: Approve the request for a Public Convenience or Necessity Letter from the Mammoth Lakes Town Council in support of Yosemite Axe Throwing’s application for a Type40 On-Sale Beer license from the CA Alcoholic Beverage Control and authorize the Community and Economic Development Director to sign the letter documenting this determination.

Council Meeting Date: 12/20/2023
Prepared by: Nolan Bobroff, Acting Community and Economic Development Director Recommended Motion: Approve the request for a Public Convenience or Necessity Letter from the Mammoth Lakes Town Council in support of Yosemite Axe Throwing’s application for a Type-40 On-Sale Beer license from the CA Alcoholic Beverage Control and authorize the Community and Economic Development Director to sign the letter documenting this determination.

Summary:

Yosemite Axe Throwing has a pending application with the California Department of Alcoholic Beverage Control (“ABC”) for an original Type-40 On-Sale Beer for Public Premises License at 126 Old Mammoth Road, Suite 111.

A Type-40 On-Sale Beer for Public Premises License (“Type-40 License”) authorizes the sale of beer for consumption on or off the premises where sold. No distilled spirits or wine may be on the premises. Minors are allowed on the premises.

Pursuant to California Business and Professions Code §23958.4, in order for the ABC to approve a Type-40 License, the local governing body (i.e., Town Council) is required to make a determination that public convenience or necessity would be served by the issuance of the license.

This is required for all Type-40 License applications. Evidence of this determination shall be in the form of a signed letter on official letterhead stating whether the issuance of the license would serve a public convenience or necessity.

Yosemite Axe Throwing opened in 2020 and is located in the Downtown (D) commercial zoning district. Per the Zoning Code, the use is considered a Commercial Recreation Facility use, which is a permitted use in the Downtown (D) zone but is limited to establishments with a gross floor area of 5,000 sq. ft. or less when located on the ground floor along designated active frontages.

The square footage of Yosemite Axe Throwing is approximately 1,000 sq. ft., and therefore, is a permitted use. The business offers recreational axe throwing in a safe environment and will also have a bar that serves beer to axe throwing patrons. The service of beer will be secondary to the primary Commercial Recreation Facility use.

Staff believes this request would provide a public convenience since it allows residents and visitors a form of indoor recreation and entertainment, and the provision of beer will help the business appeal to a broader range of residents and visitors. Per the attached letter from the business operator that was submitted with the application, patrons of the business are generally limited to one-hour increments and the business closes at 8pm daily, thereby limiting the likeliness of people being over-served.

2 Mammoth Lakes has a unique customer base where the population can vary significantly depending on the season and can reach upwards of 35,000 people at one time. As a result, it is important that the Town offers a variety of recreational opportunities, both indoors and outdoors.

Yosemite Axe Throwing supports the Town’s General Plans Goals of achieving sustainable tourism (General Plan Goal E.2) and promoting a more diversified economy and employment base consistent with the Town’s community character (General Plan Goal E.3) by providing a unique indoor activity that enhances the community’s resort economy and encouraging a mix of uses in specific districts, one of which is the Old Mammoth Road District.

Approving the request for a Public Convenience or Necessity Letter will not be materially detrimental to the public welfare because Yosemite Axe Throwing, an axe throwing establishment that will sell beer as an accompaniment to axe throwing, is consistent with the underlying zoning and is a similar and compatible recreational use with other nearby businesses, such as the bowling alley and the seasonal golf courses. Additionally, ABC requires annual renewals of all license types and regularly follows-up on any complaints about a business operating in a manner that may be detrimental to the public welfare (e.g., over-serving of alcohol, serving minors, etc.).

Description of request.

Mammoth Lakes Planning division,
The owner of Yosemite Axe Throwing, located at 126 Old Mammoth Rd #111 Mammoth Lakes, has requested a TYPE 40 Beer only license.

Yosemite Axe Throwing is a family establishment designed to provide entertainment for one hour increments. This time-frame does not allow guests to over binge or create havoc but does create a public convenience for our guests to relax and enjoy the sport. We operate from 12:00 PM to 8:00 PM daily. As with other businesses of this style, alcoholic beverages are integral to the business plan and the overall environment of the venue.

We expect that approximately 90% of revenue to come from axe throwing and only 10% from alcohol. However, providing alcohol will bring in more revenue because more people will want to come in. It is the number one question asked when people are inquiring about our business and we lose customers daily due to not having alcohol.

Similar to bowling, people come to enjoy the game but want to have a drink while doing so. Our establishment needs alcohol to help keep the doors open. Yosemite Axe Throwing will add to the efforts to revitalize and improve the economy in several positive ways, the owners have invested considerable amounts in remodeling and improving the space with upgrades and this investment is a commitment to the community to provide a quality service in a safe and fun environment.

Sincerely,
Nate Hodges, President
Yosemite Axe Throwing
559-760-9428

______________________________________________________________________________ December 21, 2023
Diana Carranza
State of California
Department of Alcoholic Beverage Control
4800 Stockdale Highway, Suite 213
Bakersfield, CA 93309
Re: Yosemite Axe Throwing, Type-40 License Application
Dear Ms. Carranza,
The Mammoth Lakes Town Council, during their regular meeting of December 20, 2023, made a finding of public convenience and/or necessity for Yosemite Axe Throwing located at 126 Old Mammoth Road Suite 111 in Mammoth Lakes, California 93546, to operate as an On-Sale Beer for Public Premises (Type40 License) establishment.

The basis of their decision was that: (1) Mammoth has a unique customer base where the population varies widely depending on the season and can reach upwards of 35,000 people at one time, and an axe throwing establishment that serves beer will increase the variety of recreational opportunities, thereby enhancing and diversifying the visitor experience; and (2) granting the license will not be materially detrimental to the public welfare because the axe throwing business is located in the appropriate commercial zone where commercial recreation facilities are a permitted use and alcohol sales are considered secondary to the primary commercial recreation facility use.

Thank you for your assistance in this matter. If you have any additional questions and/or concerns, please do not hesitate to contact me.

Sincerely,
Nolan Bobroff
Acting Community and Economic Development Director
(760) 965-3631
[email protected]
Cc. Dan Casabian, Mammoth Lakes Police Chief
Community & Economic Development
P.O. Box 1609, Mammoth Lakes, CA, 93546
(760) 965-3630
www.townofmammothlakes.ca.gov

1 TOWN COUNCIL STAFF REPORT
Title: Fiscal Year 22/23 Report on Development Impact Fees Collected on New Development within the Town.

Meeting Date: December 20, 2023
Prepared by: Rob Patterson, Administrative Services / Finance Director RECOMMENDATION:

Adopt a Resolution Approving the FY 22/23 Development Impact Fee Report and Making Findings that there Remains a Reasonable Relationship for the Fee Program.

BACKGROUND:

In 1989, Section 66000 et seq. of the Government Code became effective. When passed in 1987, this section was known as AB 1600. When the Legislature passed AB 1600, it added a new chapter to the Government Code on fees for development projects. The chapter sets forth a number of requirements that local agencies must follow if they are to exact fees from developers to defray the cost of construction of public facilities related to development projects. Section 66006 mandates the reporting requirements on fees that the local agency must adhere to each fiscal year. Through the General Plan and fee studies, the Town of Mammoth Lakes has established the nexus between development, the capital improvements necessary to mitigate the effects of development, and approved fees to fund the mitigation measures.

On July 1, 2015, the Town Council reviewed an updated Development Impact Fee Study prepared by TischlerBise, conducted a Public Hearing and, after receiving public testimony and considering available information, approved the Development Impact Study and adopted the Resolution approving the updated Development Impact Fees.

Updated project categories included:
 Police Department
 Vehicle Circulation System
 Multi-Modal Circulation System
 Storm Drain System
 General Facilities, Vehicles, and Equipment
 Parks and Recreation Facilities
 No fee is recommended for the Airport
In FY23/24, the Town will complete a comprehensive update to the Development Impact Fee Study.

2 With each development during each fiscal year, the Town collected certain developer fees that are subject to the reporting requirement. The Town also collects fees as part of the building permit for Special Districts including the Mono County Office of Education for Library and Child Care Funds and for the Mammoth Lakes Fire Protection District for Fire Facilities. Funds collected for these two Special Districts are passed through when requested. Attention should be directed to the Special District regarding the specific use of the funds.

ANALYSIS:

The California Government Code Section 66006 requires local agencies to annually report certain financial information related to capital funds that were established to track fees charged in connection with the approval of a development project. The following information is required: the beginning and ending balance of the fund, the amount of the fees collected and the interest earned, an identification and amount of each public improvement on which fees were expended, the total percentage of the project funded by that fee, the approximate date by which the construction of the public improvement will commence (if financed), a description of each interfund transfer or loan including the project to be funded with the loan and the approximate date of repayment, and any refunds made to developers pursuant to the Code. This information is included in the attached report.

The attached Resolution includes necessary language for approval of the report and to make the necessary findings.

ENVIRONMENTAL CONSIDERATIONS:

The proposed approval of the Development Impact Fee Report is not a project as defined by CEQA Section 21065 and State CEQA Guidelines Section 15378(b)(4), as it relates to a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially physical impact on the environment.

LEGAL CONSIDERATIONS:

The Development Impact Fee Report, capital projects, and fees have been reviewed and prepared in accordance with Federal and State law. A review of existing environmental documents was also completed, and the proposed Development Impact Fee Program will not impact mitigation requirements.

Town of Mammoth Lakes
FISCAL YEAR 22-23
ANNUAL AB 1600 REPORT

DEVELOPMENT IMPACT MITIGATION FEES

ON NEW DEVELOPMENT WITHIN THE

TOWN OF MAMMOTH LAKES
Prepared by: Public Works and Finance Departments

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Background
In 1989, Section 66000 et seq. of the Government Code became effective. When passed in 1987, this section was known as AB 1600. When the Legislature passed AB 1600, it added a new chapter to the Government Code on fees for development projects. The chapter sets forth several requirements that local agencies must follow if they are to exact fees from developers to defray the cost of construction of public facilities related to development projects. Section 66006 mandates the reporting requirements on fees that the local agency must adhere to each fiscal year. Through the General Plan and fee studies, the Town of Mammoth Lakes has established the nexus between development, the capital improvements necessary to mitigate the effects of development, and approved fees to fund the mitigation measures.

Compliance with Developer Fees Reporting Requirements of Section 66006 of the Government Code
With each development during the previous fiscal year, the Town collected certain developer fees that are subject to the reporting requirement. These developer fees are the Administration Fund, Police Impact Fund, Vehicle Circulation Impact Fund, Multi- Modal Circulation Impact Fund, Storm Drainage Impact Fund, General Facilities and Equipment Impact Fund, Parkland & Recreation Impact Fund, Airport Fund, Mono County Office of Education Library Impact Fund, Mono County Office of Education Child Care Impact Fund, and Fire Facilities Impact Fund. Funds collected for the two Special Districts are passed through when requested.

Attention should be directed to the Special District regarding the specific use of the funds.

There are eight reporting requirements on fees that the local agency must adhere to each fiscal year:

1. Create separate capital facilities funds or accounts for each improvement funded with impact fees (Government Code Section 66006(a)).

2. Remit all interest income earned by the fees to the same fund; interest income must be spent solely on the purpose for which the fee was originally collected (Section 66006(a)).

3. Within 180 days after the close of each fiscal year, prepare a public report concerning each impact fee fund. Such report must include the fund's beginning and ending balance for the fiscal year, amount of fees and interest deposited into the fund for the fiscal year, and a description of each expenditure from the fund for that year, including identification of the improvement being funded (Section 66006(b)).

4. Review the report at a public meeting not less than 15 days after the report is released to the public (Section 66006(b)(2)).

5. If fees remain unexpended or uncommitted five years after being collected, the local agency is to make a finding that there remains a reasonable relationship between the current need for the fees and the purposes for which they were originally collected (Section 66001 (d)).

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6. Refund to current owner of lots, units, or developed projects any fees, with accrued interest, for which continued need cannot be demonstrated (Section 6600 1 (e)).

7. A local agency must not commingle fees with any other revenue, except for temporary investment purposes (Section 66006(a)).

8. A local agency may not spend impact fees for maintenance or operation of improvements funded with impact fees (Section 65913.8).

The Town is in compliance with the requirements. A Capital Improvement Program was prepared each year and funds expended are shown in this report. Financial information was also available from the Town financial system.

This year the Town will need to adopt a resolution regarding the funds because AB 1600 requires expenditures or commitment of funds within five years of their collection. Although AB 1600 requires that fees collected from developers be expended within five years, the law, as noted previously, also allows exceptions. Exceptions are provided in recognition that some project costs can be of a magnitude that it takes more than five years to accrue adequate funds; or matching funds may not be available within the five- year period.

On July 1, 2015, the Town Council reviewed an updated Development Impact Fee Study prepared by TischlerBise, conducted a Public Hearing and, after receiving public testimony and considering available information, approved the Development Impact Study and adopted the Resolution approving the updated Development Impact Fees. Updated project categories included:
 Police Department
 Vehicle Circulation System
 Multi-Modal Circulation System
 Storm Drain System
 General Facilities, Vehicles and Equipment
 Parks and Recreation Facilities
 No fee is recommended for the Airport
The California Government Code Section 66006 requires local agencies to annually report certain financial information related to capital funds that were established to track fees charged in connection with the approval of a development project. The information which is required by the fee, the beginning and ending balance of the fund, the amount of the fees collected and the interest earned, an identification and amount of each public improvement on which fees were expended, the total percentage of the project funded by that fee, the approximate date by which the construction of the public improvement will commence (if financed), a description of each inter-fund transfer or loan including the project to be funded with the loan and the approximate date of repayment, and any refunds made to developers pursuant to the Code.

This information is included in this report.

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In 2024, the Town will be completing a comprehensive update of the 2015 Development Impact Fee Study. In preparation for this new study, the Town is updating its processes around longrange capital improvement plans and incorporating them into the annual process. The Town has made similar improvements to the 5-year CIP
There were no refunds of Development Impact Fees during the past five years.

Total project costs are based on the most recently adopted Development Impact Fee Justification Study Report.

The Administrative Overhead fee established in Resolution 98-06 is 4% of all fees collected.

The amount in the remaining Capital Funds were insufficient at year end to fund any significant improvements. Previous loans from the Town’s Vehicle Replacement Fund made to cover fund shortfalls in the Capital funds have been written off.

On July 1, 2015, Town Council adopted an updated Development Impact Fee Study as a comprehensive update to previous studies. That study provided an updated framework and methodology and led to the establishment of updated Development Impact Fees.

TischlerBise and Town staff, in preparing the updated study:
 Reviewed available information regarding the previous DIF Study (2007) and amendments.
 Reviewed the previous Town Master Facilities Plan.
 Discussed development and planning changes since 2007.  Determined information required to complete the update.  Staff provided Mr. Bise with detail regarding housing, development and planning issues that have changed since 2007.
 Staff contacted other agencies to determine their interest in participating in this effort.
 Staff reviewed the previous Master Facilities Plan in an effort to establish a clear understanding of foreseeable Town needs.
 Staff TischlerBise have reviewed available methodologies for calculation of the updated DIF to determine the method most applicable to the Town.  Staff has met with TischlerBise and various interested parties in Town to obtain input and to provide an update.

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Description of the type of Development Impact Fee for each Fund Category:

Administrative Overhead Fund is for payment of the actual or estimated costs of administering the provisions of this article and any resolutions adopted pursuant hereto, all consistent with the provisions of the Development Impact Mitigation Fee Chapter.

Police Fund is for payment of the actual or estimated costs of law enforcement facilities improvements, including any required acquisition of land, and for the actual or estimated costs of acquiring vehicles or equipment.

Vehicle Circulation Fund is for payment of the actual or estimated costs of the design, upgrading, or improvement of the vehicular circulation network including any required acquisition of land.

Multi-Modal Circulation Fund is for payment of the actual or estimated costs of the design, upgrading, or improvement of the non-vehicular circulation and vehicular parking network including any required acquisition of land.

Storm Drainage Fund is for construction of drainage facilities from impacts of increased lot coverage and runoff from new development as provided for in the 2015 Storm Water Master Plan.

General Facility Fund is for payment of the actual or estimated costs of general facilities improvements, including public meeting facilities, any required acquisition of land, and for the actual or estimated costs of acquiring vehicles or equipment.

Parkland and Recreation Facilities is for payment of the actual or estimated costs of constructing and improving parks and recreation facilities, including any required acquisition of land, as well as grading, irrigation, and landscaping costs associated therewith.

Airport Improvement Fund is for payment or estimated costs of airport improvement costs including any required acquisition of land, improvements, and equipment benefiting the municipal airport.

Mono County Office of Education Facilities is for the payment of the actual or estimated costs of construction and improving library facilities, acquiring books, and providing childcare facilities, including any required acquisition of land.

Mammoth Lakes Fire Protection District Fire Suppression Facilities, Vehicle, and Equipment Fund is for payment of the actual or estimated costs of fire facilities improvements, including any required acquisition of land, and for the actual or estimated costs of acquiring vehicles or equipment.

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DEVELOPMENT IMPACT FEES
Refer to the Municipal Code and authorizing Resolutions for Details As Updated July 1, 2015, Effective August 31, 2015
Facility Single Family
(Per Unit)
Mobile
Home (Per
Unit)
Multi-Unit
(Per Unit)
Lodging
(Per Room)
Commercial
(Per Square
Foot)
Offices & Other
Services (Per
Square Foot)
Industrial (Per
Square Foot)
Institutional
(Per Square
Foot)
Police $150 $128 $156 $301 $1.04 $0.41 $0.26 $0.57
Vehicle
Circulation
$265 $139 $184 $166 $0.58 $0.21 $0.15 $0.31
Multi-Modal
Circulation
$1,389 $727 $969 $871 $3.01 $1.17 $0.74 $1.65
Storm Drainage $845 $459 $586 $438 $0.08 $0.08 $0.27 $0.33 General
Facilities &
Equipment
$707 $602 $739 $432 $0.66 $0.66 $0.27 $0.36
Parkland and
Recreation
$713 $607 $746 $533 $0.00 $0.00 $0.00 $0.00
Airport $0 $0 $0 $0 $0.00 $0.00 $0.00 $0.00
Subtotal Town
Fees
$4,069 $2,661 $3,380 $2,740 $5.37 $2.55 $1.70 $3.21
Development Impact Fee for Other Districts
Facility Single family
Non-transient
Single
family
Transient
Mobile
Home
Multi-unit Non
Transient
Multi-Unit
Transient
Commercial and
Office
Industrial
Library Fees $2,001 $340 $1,721 $1,721 $340 -
-
Child Care Fees $374 $624 $374 $374 $624 -
-
Fire District Fees $1,526 $2,014 $1,526 $961 $2,014 $2,610 $1,007 Subtotal Other
Fees
$3,901 $2,978 $3,621 $3,056 $2,978 $2,610 $1,007

7 | P a g e

8 | P a g e

RESOLUTION NO. 23-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
APPROVING THE FISCAL YEAR 2022-23 DEVELOPMENT IMPACT FEE

REPORT AND MAKING FINDINGS THAT THERE REMAINS A

REASONABLE RELATIONSHIP FOR THE FEE PROGRAM
WHEREAS, the Town of Mammoth Lakes imposes fees to mitigate the impact of development pursuant to Government Code sections 66000 et seq.; and WHEREAS, the Town maintains separate accounts for Administration, Police, Vehicle Circulation, Multi-Modal Circulation, Storm Drainage, General Facilities and Equipment, Parkland & Recreation, Airport, Mono County Office of Education Library, Mono County Office of Education Child Care, and Fire Facilities; and WHEREAS, the Town is required within 180 days after the last day of each fiscal year to make available to the public information for the fiscal year regarding these fees under Government Code section 66006; and
WHEREAS, Town staff has prepared a report that contains the information required by Government Code section 66006, a copy of which is attached hereto as Attachment “A”; and
WHEREAS, the Administration Fund, General Facilities Impact Fund, Law Enforcement Impact Fund, Storm Drain Impact Fund, and Circulation Impact Fund previously had a negative balance as the Town General Fund had loaned them funds from the Vehicle Replacement Fund for projects constructed prior to the 2010/11 fiscal year and those interfund loans were written off in FY 2015/16 and there currently are no inter-fund transfers; and
WHEREAS, the Circulation Impact Fund was revised in 2015 to reflect two funds, the Vehicle Circulation Fund and Multi-Modal Circulation Fund; and WHEREAS, the Airport Fund was revised in 2015 to indicate no further collection of fees; and
WHEREAS, the Mono County Office of Education Impact Fund was revised in 2015 to reflect two funds, the Mono County Office of Education Library Impact Fund, and the Mono County Office of Education Impact Fund; and
WHEREAS, there were no refunds of development impact fees collected pursuant to Government Code 66001(e); and

Resolution No. 23-

WHEREAS, no interested persons have requested notice of the AB 1600 Report; consequently, no notices of the availability of the AB1600 Report were mailed; and WHEREAS, the Administration Fund, Police Impact Fund, Vehicle Circulation Impact Fund, Multi-Modal Circulation Impact Fund, Storm Drainage Impact Fund, General Facilities and Equipment Impact Fund, Parkland & Recreation Impact Fund, Airport Fund, Mono County Office of Education Library Impact Fund, Mono County Office of Education Child Care Impact Fund, and Fire Facilities Impact Fund, have fund balances; and WHEREAS, these improvements are scheduled to be constructed over time as sufficient funds become available; and
WHEREAS, these identified improvements are of such size that sufficient funds have not been collected or obtained in order to construct these improvements by expending fees collected within the five-year expenditure period provided by Government Code Section 66001(d); and
WHEREAS, there continues to be a distinct nexus between continued development and the necessity to mitigate developments impacts on traffic circulation and drainage; and WHEREAS, fees collected previously and in the future are necessary to fund identified improvements; and
WHEREAS, the Town annually prepares a comprehensive Capital Improvement Program to prioritize identified improvements and allocate funds to construct the improvements as mitigation for continued development in the Town; and
WHEREAS, these improvements are scheduled to be constructed over time as sufficient funds become available; and
WHEREAS, these identified improvements are of such size that sufficient funds have not been collected or obtained in order to construct these improvements by expending fees collected within the five-year expenditure period provided by Government Code Section 66001(d); and
WHEREAS, there continues to be a distinct nexus between continued development and the necessity to mitigate developments impacts on improvements.

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

1. In accordance with Government Code section 66006, the Town has conducted an annual review of its development impact fees and capital infrastructure programs and the Town Council has reviewed the report attached hereto as Exhibit A and incorporated herein by this reference.

Resolution No. 23-

2. The funds have been and shall be used for the purposes stated in said reports and are necessary to mitigate impacts resulting from development in the Town and further find that there is a reasonable relationship between the use of the fees and type of development project upon which the fee is imposed.

3. The Town Council herby approves, accepts, and adopts the AB 1600 Report.

4. The AB 1600 report is available for public review at the Town Clerk’s Office upon request.

APPROVED AND ADOPTED this 20th day of December 2023.

Bill Sauser, Mayor
ATTEST:

JAMIE GRAY, Town Clerk

1 TOWN COUNCIL STAFF REPORT
Title: Waive the reading and introduce by title only the attached ordinance to adopt a single-use plastic water bottle prohibition.

Meeting Date: December 20, 2023
Prepared by: Pam Kobylarz, Assistant to the Town Manager Daniel C. Holler, Town Manager
RECOMMENDATION:

1. Direct staff to develop a Town-wide water refill station program prior to implementation of the plastic water bottle prohibition.

2. Direct staff to develop an outreach and education program for the plastic water bottle prohibition.

3. Waive the reading and introduce by title only the attached ordinance to adopt a single-use plastic water bottle prohibition.

BACKGROUND:

The Town Council previously requested that staff bring forward a prohibition on singleuse plastic water bottles. In May 2023, the Council discussed a number of policy questions regarding a potential prohibition. The Council provided a wide variety of feedback and there was not a clear consensus on most of the policy questions.

The Town Council discussed what size plastic bottles it would like to see banned, whether bottled water or other bottled beverages should be included in a prohibition, the scope of a potential ban (Town events, commercial sales, etc.), implementation timing, Styrofoam considerations, and overall policy direction. The Council did provide a clear consensus on two items:

1. To adopt a ban on Styrofoam takeout food containers.

2. To adopt a prohibition on single-use plastic bottles in some capacity, versus providing incentives, creating a policy, or other alternatives to codification.

On July 19, 2023, the Town Council adopted Ordinance 23-07, creating Municipal Code Chapter 8.15 – Foodware and Food Packaging which will prohibit the use of single-use Styrofoam food containers starting January 1, 2024.

ANALYSIS:

To determine the recommended scope and implementation timeframe for the proposed single-use plastic bottle ban, staff took into account feedback from Town Council, existing prohibitions throughout California, input from our counterparts in South Lake

2 Tahoe and Truckee, current and future Town resources, existing state mandates, and other considerations, to ensure the best chance of success.

Plastic water bottle prohibitions in California
Prohibitions on plastic water bottles are still relatively new in the state of California, with only a handful of cities and districts having adopted them to date. This list may not be all encompassing.
 Both Carlsbad and Encinitas prohibit single-use plastic bottles from being distributed at City events and facilities, as well as from being purchased with City funds. Sales of single-use plastic bottles are not prohibited.  In San Francisco, single-use plastic bottles, as well as “Packaged Water” (drinking water in a sealed box, bag, can, glass bottle, Rigid Plastic Bottle or other container intended primarily for single service use and having a capacity of one liter or less) are prohibited from being distributed at City events and facilities, as well as cannot be purchased with City funds. Sales of single-use plastic bottles are not prohibited.
 LAX and SFO airports have prohibitions on the sale of all plastic water bottles.  In South Lake Tahoe, single-use plastic bottles are prohibited from being distributed at City events and facilities, as well as cannot be purchased with City funds. Sales of single-use plastic water bottles of one gallon or less will be prohibited starting in April 2024.
 Truckee has an internal sustainable purchasing policy that prohibits the purchase or distribution of single-use plastic water bottles at Town-sponsored events. The Town of Truckee is working on developing a ban on commercial sales of plastic water bottles, but has not currently adopted anything.

South Lake Tahoe:

Town staff met with Sara Letton, Sustainability Coordinator for the City of South Lake Tahoe, regarding the City’s plastic water bottle ban. The Sustainability Coordinator position is relatively new and was created in response to the City’s Climate Action Plan.

South Lake Tahoe’s Strategic Plan addresses the plastic water bottle ban, which enables it to be prioritized as part of staff’s work program.
2021 – 2026 Strategic Plan Priority 3.4: Develop a culture of stewardship and care taking by residents and visitor and coordinate with regional partners to reduce the amount of litter impacting the environment. Reduce the source of litter by increasing availability of trash cans in public, banning single use plastics, installing water bottle filling stations and bear boxes in the community. Reduce the amount of waste reaching the landfill through recycling and other programs.

Action Item 4: Evaluate the option to ban certain single use plastics, especially water bottles.

3 South Lake Tahoe has adopted and implemented its single-use plastics ban over a number of phases:
 In 2018, the City Council adopted the Polystyrene and Plastic Food Packaging Regulations. This ordinance prohibits “food providers” from providing plastic utensils, straws, or stirrers except upon request, and from providing polystyrene food containers. It also prohibits vendors from selling polystyrene products including coolers, cups, bowls, plates, and packing peanuts, and prohibits the use of polystyrene at City facilities and special events.
 On October 4, 2022, the City Council voted to update the ordinance establishing a municipal use and commercial ban on single-use plastic water bottles smaller than one gallon, to be phased in over time. The municipal use ban was effective on April 22, 2023, and the commercial ban will be effective on April 22, 2024.

South Lake Tahoe has been working to develop a substantial water refill station program throughout the community. The Drink Tahoe Tap initiative already existed prior to starting work on the prohibition, which encourages visitors to drink tap water rather than purchasing bottled water. The City has applied for grant funding through the Tahoe Water Suppliers Association to offset costs of some refill stations, and the City has set aside up to $150,000 in sustainability funding to add and replace indoor and outdoor water fountains/refill stations around the City.

South Lake Tahoe has one staff position dedicated to sustainability initiatives, as well as a partnership with Keep Tahoe Blue, an advocacy group with resources to assist with outreach and education efforts. Additionally, Keep Tahoe Blue is able to provide data collection that helps to support and inform various environmental and sustainability efforts.

South Lake Tahoe began its single-use plastics reduction efforts in 2018 with its polystyrene regulations; its commercial single-use plastic water bottle ban going into effect on April 22, 2024, for a total of approximately six years from the start of their efforts to full implementation of a commercial ban on single-use plastic water bottles.

Truckee:

Town staff met with Erin Brewster, Sustainability Program Manager for the Town of Truckee, regarding Truckee’s single-use plastics reduction efforts. The Sustainability Program Manager position was created earlier this year and the Truckee Sustainability Division also includes two analyst positions.

The Town of Truckee adopted a Single-Use Foodware Reduction Ordinance in 2021 to reduce the waste and litter generated by single-use foodware items. This ordinance included a ban on the use or sale of expanded polystyrene foam products that went into effect in April 2023. Beginning January 1, 2024, prepared food vendors in Truckee will also be required to use reusable foodware for dine-in customers and charge a $0.25 fee for each disposable takeout container or beverage cup. Truckee has an existing Sustainable Purchasing and Practices Policy which prohibits the purchase or distribute

4 single-use plastic water bottles at Town facilities and Town-sponsored events. Since this is a policy, it is not enforced by citation like enforcing the Town’s Municipal Code.

Truckee is also currently developing a ban on single-use plastic water bottles, which will be presented to the Town Council on January 9, 2024. They have taken the approach of conducting outreach prior to adoption of any ordinance. Truckee put together a stakeholder committee made of up various community stakeholders including environmental advocates, business owners, and health care representatives, and conducted several community surveys. Staff wanted to make sure they understood the potential impacts prior to adoption of a prohibition so that those can be addressed through the process. Staff want to ensure that support programs are in place prior to adoption of any prohibition. Additionally, they are working to conduct more outreach and research with vulnerable and Spanish speaking populations.

The Town of Truckee recently launched a water refill station grant program to support efforts to reduce single-use plastic water bottles prior to implementation of any plastic water bottle prohibition. It plans to work in conjunction with the existing Drink Tahoe Tap campaign to create a regional refill station map.

In speaking with Town of Truckee staff, they want to ensure that they have community buy-in and issues are addressed prior to adoption of any ordinance. Their lessons learned through research in what has been done in other communities included finding that a long implementation timeframe is important and working with businesses from the beginning will be critical in the success of a future ordinance.

Mandates:

Assembly Bill (AB) 341 went into effect July 1, 2012 and requires all businesses that generate four (4) or more cubic yards of garbage per week and multi-family dwellings with five (5) or more units to recycle. Businesses include, but are not limited to, office buildings, retail, restaurants, non-profits, strip malls, government offices and schools.

Multi-family dwellings include apartments, townhomes and condominiums. The purpose of the law is to reduce garbage sent to landfills and reduce greenhouse gas emissions. AB 341 was designed to help meet California’s goal of diverting 75% of California's waste stream away from the landfill and instead towards recycling by the year 2020. The Town, in partnership with Mammoth Disposal, is in compliance with AB 341.

In September 2016, the State set methane emission reduction targets for California in Senate Bill (SB) 1383, intended as a statewide effort to reduce emissions of short-lived climate pollutants (like organic waste) in various sectors of California’s economy. SB 1383 establishes statewide targets to reduce the amount of organic waste disposed of in landfills. Organic wastes include paper, cardboard, food scraps, food-soiled paper products, yard trimmings and other organic-based wastes. The final rulemaking for SB 1383 was completed by CalRecycle on November 3, 2020 and took effect in January 2022.

5 The Town is subject to an elevation waiver for certain SB 1383 requirements due to our elevation of more than 4,500 feet, including being exempt from the requirement to separate and recover food waste and food-soiled paper. As a rural jurisdiction, the Town is also exempt from the procurement requirements for recovered organic waste products until at least January 1, 2027. These materials may be processed through a biomass facility in the future, achieving the diversion goal, however CalRecycle does not yet recognize this process as diversion.

AB 1276 prohibits full-service restaurants from providing single-use plastic foodware accessories, including utensils, chopsticks, condiment cups and packets, straws, stirrers, splash sticks, and cocktail sticks, unless the customer requests it. This bill took effect June 1, 2022. The bill applies to most restaurants, take-away counters and third-party delivery platforms. Restaurants must supply single-use serviceware if requested by customer, however, restaurants will not provide single-use serviceware if not requested by customer. The Town is the authorized enforcement agency. Currently, enforcement is limited based on complaints received and includes education efforts rather than citations.

Effective January 1, 2023, AB 1162 prohibits lodging establishments with more than 50 rooms from providing small plastic bottles containing personal care products (such as shampoo, hair conditioner, lotion, and bath soap) to guests. Starting January 1, 2024, it will also apply to lodging establishments with 50 rooms or less. The Town is the enforcement agency for this locally, and similar to AB 1276, enforcement is currently based on complaints received and includes education efforts rather than citations.

SB 54 (Plastic Pollution Prevention and Packaging Producer Responsibility Act) is a landmark new law that seeks to reduce plastic pollution and increase recycling. The bill was signed by Governor Newsom on June 30, 2022 and has a tiered implementation timeline, requiring all packaging in the state to be recyclable or compostable by 2032. SB 54 is one of the most comprehensive plastic legislations to be passed, based on input received from businesses, environmental organizations, and waste management groups.

The law will impact manufacturers and sellers of all goods offered for sale in California.

Town of Mammoth Lakes – Styrofoam Prohibition
On July 19, 2023, Town Council adopted Ordinance 23-07, which established a new chapter in our Municipal Code for Foodware and Food Packaging. Among the items included in this ordinance was a prohibition on expanded polystyrene (Styrofoam or EPS) foodware containers for prepared food, set to go into effect on January 1, 2024.

With approximately five months from adoption to the effective date, outreach for this ordinance has only recently begun. Staff, working in conjunction with Mammoth Disposal, has initiated outreach efforts for the Styrofoam prohibition as well as the current state mandates. This includes sharing printed information (see attached) and meeting with industry representatives and businesses.

6 Other Considerations:

California Redemption Value Program
Consumers pay a California Redemption Value (CRV) fee when they purchase beverages and receive CRV refunds when they redeem containers at a recycling center. Plastics PETE #1 can be recycled and redeemed for money at the Mammoth Disposal Buy Back Center (BBC) next to the transfer station. Mammoth Disposal has the only CRV program in Mono County. Mammoth Disposal’s customers who redeem plastic #1 for CRV could be negatively affected as there are residents in TOML who rely on the CRV program for extra income. One resident we have spoken to redeems plastic #1 almost daily. He recently told the Mammoth Disposal Sustainability Coordinator he is grateful he can redeem the water bottles as it helps support him financially - he uses this money to buy his groceries. Employees from several restaurants and businesses around Town bring recyclables to collect CRV that helps to supplement their income. Students at Mammoth High School use the CRV program to help support athletic teams at the school. The majority of the materials they redeem for CRV are plastic #1.

For the month of November 2023, the Mammoth Disposal BBC averaged 2,083 pounds of CRV plastic #1, the majority comprised of small water bottles. Please see the report attached. In November 2023 the Mammoth Disposal BBC served 187 customers for CRV #1. MD averaged 6.23 customers per day redeeming plastic #1 for CRV. See photos attached. The majority of CRV #1 plastics redeemed are the small water bottle. Volume data and physical inspections on the sort line show us that 16-ounce size/500ml #1 plastic water bottles comprise approximately 70% of all #1 bottles in the CRV program, versus similar sized bottles with sodas or flavored/sparkling water at 30%.

Additionally, starting January 1, 2024, statewide changes in the CRV program will take place. Notably, CRV payments will be available for additional items, including wine and liquor bottles. These items weren’t previously eligible for CRV redemption.

Given the various considerations, it is unknown at this point in time how a plastic water bottle prohibition might impact local residents, businesses, and the CRV program at Mammoth Disposal. We will need to put more analysis into potential impacts as we move forward with outreach and education.

CalFresh input:

CalFresh is a program for people with low-income who meet federal income eligibility rules and want to add to their budget to put healthy and nutritious food on the table. Staff met with CalFresh representatives to discuss any concerns with a single-use plastic water bottle prohibition. CalFresh wants to make sure underserved school kids aren’t negatively impacted as many students bring the small #1 plastic water bottles to school, along with juice in the #1 plastic bottle. The SNAP EBT program could potentially be negatively impacted depending on other options available. We will need to work closely with CalFresh and be thoughtful with our outreach and implementation to ensure that underserved and disadvantaged community members aren’t negatively impacted.

7 Water Refill Stations
Following a similar path forward as South Lake Tahoe and Truckee, Town staff believes that having a robust water refill station system throughout Town will be critical to the success of any plastic water bottle prohibition. Town staff has already started working on this initiative. The Town received $5,000 in grant funding from CalRecycle for the purchase of indoor water refill stations. Staff anticipates we will be able to purchase 5-6 water refill stations with this funding. Staff applied for an additional $75,000 in grant funding for both indoor and outdoor water refill stations through the United States Environmental Protection Agency (EPA) Solid Waste Infrastructure for Recycling grant program, but the grant was not awarded. Staff recommends that Council support development and implementation of a Town-wide water refill station program prior to implementation of a plastic water bottle prohibition. The cost of indoor water refill stations starts at around $700 each, while outdoor water refill stations start at around $3,500.

Proposed Prohibition
Staff has carefully considered a number of factors in developing the proposed ordinance including, but not limited to, previous Town Council discussion, adopted and proposed ordinances in other California communities including South Lake Tahoe and Truckee, anticipated outreach efforts for both a plastic water bottle prohibition as well as existing and future mandates, and staff enforcement capacity. The Town has a small portion of two full-time positions (one TOML staff and one Mammoth Disposal staff) who will be working on these initiatives. Staff believes that the proposed ordinance supports the desires of the Town Council while also ensuring successful implementation for our community.  Existing: Prohibition on EPS foodware containers is set to go into effect on January 1, 2024. This prohibition was adopted by the Town Council in July 2023. Outreach to restaurants and businesses is currently ongoing and expected to continue into 2024. Due to the limited outreach timeframe, staff anticipates a number of businesses to apply for an exemption for the first year.  Proposed: Prohibition on the use, sales or distribution of single-use plastic water bottles of 500ml or less at Town-affiliated events, including events that require a special event permit from the Town. Staff will need to update language in its permits as well as provide outreach to all special event providers. The Town will need to review and modify its purchasing practices. This prohibition is proposed to go into effect on January 1, 2025, which will allow approximately one year to complete the required updates and outreach.
 Proposed: The proposed ordinance would prohibit any business from selling or distributing single-use plastic water bottles of 500ml or less within the Town of Mammoth Lakes, effective January 1, 2027. The proposed timeframe would provide two additional years to allow staff sufficient time to conduct the necessary public outreach as well as for businesses to be prepared to implement the change. It would also ensure sufficient time for an adequate water refill station program to be completed and operational.

8 OPTIONS ANALYSIS
Option 1:

1. Direct staff to develop a Town-wide water refill station program prior to implementation of the plastic water bottle prohibition.

2. Direct staff to develop an outreach and education program for the plastic water bottle prohibition.

3. Waive the reading and introduce the attached ordinance by title only to adopt a single-use plastic water bottle prohibition.

Option 2:

Provide direction to staff and direct staff to bring back a revised ordinance for approval.

ORDINANCE NO. 23-

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, CALIFORNIA UPDATING CHAPTER 8.15 TO THE

MUNICIPAL CODE TO REGULATE AND PROHIBIT THE USE OF

SINGLE-USE PLASTIC WATER BOTTLES
WHEREAS, the Town Council desires to reduce single-use plastics within the Town of Mammoth Lakes; and
WHEREAS, on July 19, 2023, the Town Council adopted Ordinance 23-07, which established a new chapter in the Municipal Code for Foodware and Food Packaging and included a prohibition on expanded polystyrene (Styrofoam or EPS) foodware containers for prepared food, set to go into effect on January 1, 2024; and
WHEREAS, the Town of Mammoth Lakes is attractive to residents, businesses, and visitors due to a local economy and quality of life that is centered on a clean and healthy environment, including but not limited to, parks, public open spaces, trails, creeks, lakes, and mountains; and,
WHEREAS, it is in the Town’s interest to establish programs and services that reduce the amount of litter in the environment, which increase the quality of life for residents and visitors and protect local wildlife habitat; and,
WHEREAS, limiting distribution and sales of single-use plastic water bottles may help to reduce litter throughout our community.

NOW, THEREFORE, the Town Council of the Town of Mammoth Lakes, State of California, does ordain as follows:

Section 1:

Amend the Town of Mammoth Lakes Municipal Code to update Chapter 8.15, which is set forth in Exhibit A attached hereto and incorporated herein.

Section 2: EFFECTIVE DATE OF ORDINANCE
This Ordinance shall become effective and enforceable thirty (30) days from and after the date of its adoption.

Section 3: POSTING
The Town Clerk shall, within fifteen (15) days after the passage of this Ordinance, cause it to be posted at the duly designated posting places established by resolution of the Town Council, published once in a newspaper of general circulation, and entered in the Book of Ordinances of the Town.

Section 4: SEVERABILITY
If any provision of this Ordinance of the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Ordinance are declared to be severable.

The foregoing Ordinance was PASSED, APPROVED, AND ADOPTED on the 3rd day of January 2024.
_________________________________
BILL SAUSER, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk

Chapter 8.15 – FOODWARE, FOOD PACKAGING AND PLASTIC BOTTLES

8.15.010 - Definitions.

As used in this chapter, unless the context otherwise clearly indicates, the words and phrases are defined as follows:
“Expanded Polystyrene” or “EPS” means a thermoplastic petrochemical material utilizing the styrene monomer, including, but not limited to, polystyrene foam or expanded polystyrene processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene). “Food service provider” means any person or establishment that provides or sells prepared food or beverages on or off its premises within the Town, including:

1. A restaurant, café, coffee shop, fast-food restaurant, drive-through service, grocery store, supermarket, convenience store, delicatessen, cafeteria, farmers’ market vendor, or similar facility where prepared food is available for consumption on or off the premises;

2. Any mobile food facility, mobile food vendor, catering operation, food truck, or temporary food facility that provides prepared food;

3. Transient lodging facilities, including hotels, motels, and bed and breakfasts that provide prepared food, regardless of whether the prepared food is complementary or available for purchase by the consumer; and

4. Entities specified in California Health and Safety Code Sections 113789(a) and 113789(b).

For the purposes of this chapter, the definition of food service provider does not include the entities specified under Section 6.20.070.
“Foodware” means items used for containing, serving, or consuming prepared food, including cups, bowls, plates, trays, cartons, and boxes. Foodware does not include polystyrene egg cartons, meat trays, coolers, ice chests, or packing materials. “Prepared food” means food or beverages that are prepared and served or provided by the food service provider using any cooking or food or beverage preparation technique and that are ready to consume, either on or off the food service provider’s premises, without further food or beverage preparation or repackaging. Prepared food includes “beverages” and “ready to eat food” as defined in California Health and Safety Code Sections 113739 and 113881, respectively.

Prepared food does not include raw or uncooked whole fruits or vegetables that are not prepared through chopping, squeezing, blending, mixing, or otherwise altered through food preparation; or,

uncooked meat, poultry, fish, or eggs that are not intentionally provided for further consumption without food preparation.
“Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat food:

1. Utensils, which is defined as forks, knives, spoons, and sporks

2. Chopsticks

3. Condiment cups and packets

4. Straws

5. Stirrers

6. Splash sticks

7. Cocktail sticks
“Single-use plastic water bottle” means a single-use plastic container of 500 milliliters (ml) or less containing non-sparkling, unflavored drinking water. “Standard Condiment” means relishes, spices, sauces, confections, or seasoning that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt pepper, sugar, and sugar substitutes.
“Town-affiliated event” means any event or activity that is sponsored or co-sponsored by the Town, is paid for, in part or full, using Town funds, occurs at Town facilities, or requires a special event permit pursuant to Section 17.56.040 of this code or other authorization from the Town.
“Town facilities” means any building, structure, facility, or park, leased, or operated by the Town, its agents, agencies, departments, and authorized designees. For purposes of this chapter, “Town facility” does not include Town-owned buildings, structures, property, parks, public spaces, or vehicles operated by an entity other than the Town pursuant to a lease or other contractual arrangement.

8.15.020 – Prohibition on expanded polystyrene (EPS) foodware. (Effective January 1, 2024) A. Food service providers shall not provide prepared food in foodware made of EPS.

B. Food service providers shall comply with the requirements of this chapter for both onpremises and off-premises consumption of prepared food; and, for any method of ordering, including in-person, telephone, drive-through, self-serve, web or other digital order, or through a third-party food delivery platform.

C. For a period of one year from the effective date of this section, food service providers may apply to the Town Manager for a hardship exemption to be permitted to continue using one or more specific expanded polystyrene items for which the requirements of this section present an undue hardship or practical difficulty. Any hardship exemption granted will expire on or before December 31, 2024.

8.15.030 – Prohibition on expanded polystyrene (EPS) foodware at Town facilities and Townaffiliated events. (Effective January 1, 2024) A. The procurement, use, or distribution of foodware that is made of EPS shall be prohibited at all Town facilities, and Town-affiliated events. Foodware accessories shall be distributed in accordance with Section 8.15.040 A.

B. The Town, its departments, agents, employees, or designees acting in their official capacity as representatives of the Town, shall not purchase or otherwise procure foodware that is made of EPS. Town funds utilized in any manner, including purchase orders and grant funding, shall not be used to purchase foodware that does not comply with the requirements of this chapter.

C. All special event permit applications required by Section 17.56.040of this code, Town facility rental agreements, leases, vendor contracts, or other such approvals for applicable activities or services on Town property shall include a provision requiring the applicant to assume responsibility for complying with the requirements of this chapter.

8.15.040 – Single-Use Foodware Accessories and Condiments.

A. No food provider shall sell or otherwise provide plastic single-use foodware accessories or condiments except upon request.

B. The Town is the authorized enforcement agency for violations of Chapter 5.2 of Part 3 of Division 30 of the California Public Resources Code (Single-Use Foodware Accessories and Condiments). Such violations are subject to a fine of $25 for each day in violation not exceeding $300 per year, which shall be appealable pursuant to the procedures in chapter 2.04.070 of this code.

8.15.050 –Single-Use Plastic Water Bottles.

A. Effective January 1, 2025: No Town officer, official, or employee shall use, sell, distribute, or otherwise provide any single-use plastic water bottles while acting on behalf of the Town.

B. Effective January 1, 2025: No person shall sell or distribute single-use plastic water bottles at Town-affiliated events.

C. Effective January 1, 2025: All special event permit applications required by Section

17.56.040 of this code shall require that the permittee comply with the requirements of this chapter.

D. Effective January 1, 2027: No business or vendor shall sell, distribute, or otherwise provide any single-use plastic water bottles within the Town of Mammoth Lakes.

E. Exemption for Emergencies. The provisions of this section shall not apply in cases of

emergency as determined by the Town Manager or declared by the State of California or the Federal Government.

8.15.060 - Infraction.

Any person violating the provisions of this chapter is guilty of an infraction, which is punishable pursuant to the penalty provisions set forth in Chapter 1.12 of this code, unless otherwise provided in this chapter.

$ 1.32 RC7976
Date Pounds Redemption Value Shipments Cumulative Pounds 1,167.93
11/1/2023 151.39 $199.83 1,319.32
11/2/2023 39.50 $52.14 1,358.82
11/3/2023 52.20 $68.90 1,411.02
11/4/2023 194.85 $257.20 1,605.87
11/5/2023 0.00 $0.00 1,605.87
11/6/2023 0.00 $0.00 1,082.00 523.87
11/7/2023 182.75 $241.23 706.62
11/8/2023 59.81 $78.95 766.43
11/9/2023 77.92 $102.85 844.35
11/10/2023 5.65 $7.46 850.00
11/11/2023 96.08 $126.83 946.08
11/12/2023 0.00 $0.00 946.08
11/13/2023 0.00 $0.00 946.08
11/14/2023 98.41 $129.90 1,044.49
11/15/2023 230.10 $303.73 1,274.59
11/16/2023 94.78 $125.11 1,369.37
11/17/2023 17.05 $22.51 1,386.42
11/18/2023 103.45 $136.55 1,489.87
11/19/2023 0.00 $0.00 1,489.87
11/20/2023 0.00 $0.00 1,489.87
11/21/2023 174.05 $229.75 1,663.92
11/22/2023 77.58 $102.41 1,741.50
11/23/2023 0.00 $0.00 1,741.50
11/24/2023 49.81 $65.75 1,791.31
11/25/2023 72.14 $95.22 1,863.45
11/26/2023 0.00 $0.00 1,863.45
11/27/2023 0.00 $0.00 1,863.45
11/28/2023 256.11 $338.07 2,119.56
11/29/2023 $0.00 2,119.56
11/30/2023 $0.00 2,119.56
$0.00 2,119.56
$0.00 2,119.56
$0.00 2,119.56
$0.00 2,119.56
$0.00 2,119.56
$0.00 2,119.56
$0.00 2,119.56
2,033.63 $ 2,684.39 1,082.00 2,119.56
Buyback Center
Prior Period Ending Inventory
Insert Rows above this Row!!

Mammoth Disposal November 2023 – point in time snapshot

1 Jamie Gray
From: Tim James <[email protected]>
Sent: Tuesday, December 19, 2023 2:28 PM
To: John Wentworth; Chris Bubser; Amanda Rice; Bill Sauser; Sarah Rea Cc: Jamie Gray; Dan Holler; Pam Kobylarz
Subject: Plastic Water Bottle Prohibition - Agenda Item 8.1 [EXTERNAL EMAIL]
Councilmembers, On behalf of California Grocers AssociaƟon, I am wriƟng to request that Council not move forward with at this Ɵme with the proposed water boƩle ordinance. The grocery industry has long been dedicated to and focused on sustainability in our operaƟons and offerings. In doing so it is criƟcal the operaƟonal, environmental and consumer impacts of sustainability acƟons be understood before acƟng. The week before Christmas, grocers busiest Ɵme, creates challenges to parƟcipaƟon. We request the city work directly with the grocery industry to capture all impacts before commiƫng to regulaƟon.

Specific to process, we find the Ɵming of this hearing difficult to include the voices of impacts businesses. As grocers the week before Christmas is one of our most criƟcal Ɵme to serve consumers and their holiday needs.

The Ɵming alone should be reason enough to not move forward with the propose ordinance. Instead, bring it forward when impacted retailers can fully engage and parƟcipate.

As discussed in the staff report, there are numerous consideraƟons which we believe would lead to this mandate not being a clearly sustainable choice. Some of these consideraƟons include the environmental and availability of replacement packaging types. It is recognized that recyclable PET boƩles are a superior opƟon in many categories, including in transportaƟon. It does not appear these real-world impacts do not appear to be captured by the city at this Ɵme.

Recent packaging and recycling efforts at the state level are creaƟng tremendous opportuniƟes for Californiawide acƟon, especially with SB 54 and SB 1013 on CRV. These new tools are creaƟng incredible opportuniƟes to change packaging across the state, but naƟonally. WE believe municipaliƟes should be looking to support these processes and not risk unintenƟonally undermining their results with product specific bans.

The discussion about impacts to consumers is appreciated but not complete. This proposed mandate does not create a direct impact on liƩer, one of its main goals. Consumers will sƟll be purchasing smaller servings of water, product type does not determine its likeliness of being liƩered, and water is criƟcal health product which needs to remain both affordable and accessible for all people.

We believe it is criƟcal the full picture and grocery parƟcipaƟon be included before moving forward. We respecƞully ask to not move forward at this Ɵme unƟl an understanding of the actual impacts of this ordinance are considered. Thank you for your consideraƟon and we look forward to addiƟonal partnership.

Timothy James
Director, Local Government and Enterprise Risk
California Grocers Association
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2 916-448-3545

1 TOWN COUNCIL STAFF REPORT
Title: Waive the reading and introduce by title only the ordinance adding Municipal Code Chapter 10.24 regarding vehicles on Trails, MUPs, & Sidewalks (e.g., E-bikes and related modes of transportation) Meeting Date: December 20, 2023
Prepared by: Lawson Reif, Outdoor Recreation Manager
RECOMMENDATION:

Waive the reading and introduce by title only the ordinance adding Municipal Code Chapter 10.24 regarding vehicles on Trails, MUPs, & Sidewalks.

BACKGROUND:

The proliferation of e-Bikes and other modes of transportation has resulted in congestion and dangerous conditions on Town Multi-Use Pathways (MUPs), Sidewalks, and Trails.

Currently, the Town of Mammoth Lakes (TOML) has no ordinance to govern MUPs, Sidewalks, and Trails which prevents the Mammoth Lakes Police Department from both issuing citations and effectively educating the public. The ordinance would allow such actions to be taken regarding the use of E-Bikes and other related modes of transportation on MUPs, Sidewalks, and Trails.

ANALYSIS:

This ordinance serves to address safety issues on TOML MUPs, Sidewalks, and Trails by creating a mechanism to allow for MLPD or other authorized employees to ticket violators when appropriate and providing MLPD with more teeth to educate users.

Having an ordinance such as this creates consequences to inappropriate use, which allows for more effective educational opportunities.

This ordinance seeks to address the following conditions TOML is facing on Town Multi-Use Pathways (MUPs), Sidewalks, and Trails:
 Establishes formal definitions for various alternative transportation devices (e.g., E-bikes, human powered devices etc.)
 Establishes an enforceable 15 mph speed limit.
 Addresses the use of & defines e-Dirt Bikes on Town Multi-Use Pathways (MUPs), Sidewalks, and Trails.
 Addresses reckless driving or hazardous driving.
 Addresses operation while under the influence of alcohol or drugs.

2 The proposed ordinance will help to ensure a safer environment on TOML MUPs, sidewalks, and trails along with providing better opportunities to educate our locals and visitors on the use of these amenities.

ORDINANCE NO. 24-

AN ORDINANCE OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
ADOPTING MUNICIPAL CODE CHAPTER 10.24 REGARDING
VEHICLES ON TRAILS, MULTI-USE PATHWAYS (MUPs), AND SIDEWALKS WHEREAS, the multi-use trail system in Mammoth Lakes is popular with both residents and visitors; and
WHEREAS, a variety of alternative transportation devices have become available, many of them powered by electric motors, which make trails accessible to more people and allow trail users to experience trails in different ways; and
WHEREAS, the growing popularity of alternative transportation devices has in some cases created conflicts between trail users and has resulted in a need to adopt an ordinance regulating how such devices may be used on Town trails.

THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS:

Section 1: The Town Council hereby amends the Mammoth Lakes Municipal Code by adopting a new Chapter 10.24 – Vehicles on Trails, Multi-Use Pathways (MUPs), and Sidewalks, as set forth in Exhibit “A” attached hereto and incorporated herein.

Section 2: EFFECTIVE DATE OF ORDINANCE
This Ordinance shall become effective and enforceable thirty (30) days from and after the date of its adoption.

Section 3: POSTING
The Town Clerk shall, within fifteen (15) days after the passage of this ordinance, cause it to be posted at the duly designated posting places established by resolution of the Town Council, published once in a newspaper of general circulation, and entered in the Book of Ordinances of the Town.

Section 4: SEVERABILITY
If any provision of this ordinance of the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.

The foregoing Ordinance was introduced on the 20th day of December, 2023, and PASSED, APPROVED, AND ADOPTED on the 3rd day of January, 2024.

Ordinance No. 24-

_________________________________
BILL SAUSER, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk

Ordinance No. 24-

EXHIBIT “A"
CHAPTER 10.24 VEHICLES ON TRAILS, MULTI-USE PATHWAYS (MUPs), AND

SIDEWALKS

10.24.010 Purpose
The purpose of this chapter is to establish regulations and guidelines for the use of alternative transportation devices on trails within the Town of Mammoth Lakes. This chapter aims to promote safe and responsible usage of such devices while ensuring the well-being and enjoyment of all trail users and continuing the promotion of alternative transportation devices as a viable option to the private automobile.

10.24.020 Definitions
A. Motorized vehicle: A vehicle that is self-propelled, provided that this term shall have the same meaning as set forth in California Vehicle Code Section 415, regarding “motor vehicles”, as it may be amended from time to time.

B. Alternative transportation device: A human-powered and/or electric-powered device used for personal transportation on paved trails, sidewalks, or designated areas, as an alternative to conventional modes of transportation such as automobiles. These devices are typically smaller, more lightweight, and environmentally friendly compared to traditional vehicles. Alternative transportation devices shall consist of:
i. Bicycles: Human-powered devices with one or more wheels propelled solely by pedaling.
ii. Electric Bicycles (e-bikes): Bicycles equipped with “fully operable” pedals and an electric motor that assists the rider's pedaling effort with a power output of not more than 750 watts, or 1 horsepower, and which are unmodified. Any electric bicycle not meeting this definition is not an “alternative transportation device” for purpose of this chapter.
iii. Electric Scooters: Electric motorized devices with two or three wheels, typically standing or seated, powered by an electric motor with a power output of not more than 750 watts and which are unmodified. Any electric scooter not meeting this definition is not an “alternative transportation device” for purpose of this chapter. iv. Electrically Motorized Boards: Any wheeled devices that have a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, are designed to transport only one person, and have a power output of not more than 750 watts and which are unmodified. Any electrically motorized board not meeting this definition is not an “alternative transportation device” for purpose of this chapter.

Ordinance No. 24-

v. Other Emerging Devices: Any new or innovative personal transportation devices that become available and fall within the scope of alternative transportation with a power output of not more than 750 watts and which are unmodified. Any personal transportation device not meeting this definition or at least one other definition in this subsection B is not an “alternative transportation device” for purpose of this chapter. vi. Rollerblades/Roller Skates: Boots or shoes fitted with small wheels, enabling users to glide over paved surfaces by propelling themselves with leg movements. vii. Scooters: Self-propelled two-wheeled devices that have handlebars, and a floorboard that is designed to be stood upon when riding.
viii. Segways: Self-balancing, non-tandem, two wheeled devices that are not greater than 20 inches deep, 25 inches wide, and 60 inches high; can turn in place; designed to transport only one person; have a power output of not more than 750 watts; and are unmodified, whether sold under the Segway brand name or another name. Any personal transportation device not meeting this definition or at least one other definition in this subsection B is not an “alternative transportation device” for purpose of this chapter.
ix. Skateboards: Narrow boards with wheels, typically used by riders for propulsion by foot pushing or electric-powered motors.
x. Wheelchairs and Mobility Scooters: Electric or manually propelled devices used by individuals with mobility challenges for transportation purposes.

10.24.030 Prohibitions
It is unlawful for any person or persons to operate: (a) any device with an internal combustion engine; (b) an electric bicycle not meeting the definition in Section 10.24.020; (c) any device not meeting at least one of the “alternative transportation device” definitions in Section 10.24.020; and/or (d) a motorized vehicle, including without limitation motorcycles, cars, trucks, or motorbikes, on a Town owned or operated/maintained: (i) multi-use path, sidewalk, or trail; (ii) equestrian trail; or (iii) hiking or recreational trail, unless such operation is within a roadway, parking area or other specifically designated area for motorized vehicle use. Notwithstanding the foregoing, personnel, vehicles, equipment, and materials may be brought onto a trail by any of the following: (i) owners of the property over which the trail is maintained pursuant to an easement granted to the Town; or (ii) holders of easements for access or other purposes over the land occupied by the trail. Any such use of a trail shall be made in such a way as to minimize disruption to the use of the trail by others. Notwithstanding the foregoing, the prohibitions in this section 10.24.030 are not intended to apply to or otherwise restrict any “motorized quadricycle,” “motorized tricycle” or “electric wheelchair,” as defined in California Vehicle Code Section 407 and/or the Americans with Disabilities Act (ADA), utilized by persons who by reason of physical disability are otherwise unable to move about as a pedestrian.

Ordinance No. 24-

10.24.040 Allowed Uses
Notwithstanding Section 10.24.030 of this code, or any other provision of law, motorized vehicles may be operated by the Town of Mammoth Lakes, or its employees, contractors, and designees, upon the trails for the purpose of maintenance/snow removal or other public safety purposes at the sole discretion of the Town. First responders, including but not limited to law enforcement, fire, emergency medical personnel and other authorized individuals responsible for maintaining public safety and enforcing the law may patrol paved trails within the Town of Mammoth Lakes using motorized vehicles as necessary for their official duties. All alternative transportation devices, as defined in Section 10.24.020, are allowed on multi-use trails.

10.24.050 Reckless Operation of Alternative Transportation Devices on Trails No person shall operate any alternative transportation device on Town-owned or operated trails in a reckless manner. For purposes of this section, “reckless” shall mean operation of a device in willful or wanton disregard for the safety of persons or property, the natural environment, and specifically includes, but is not limited to, the following specific conduct:

A. The speed limit for any device shall not exceed 15 miles per hour, but in no instance shall the speed allowed be greater than is reasonable and prudent under the existing conditions having due regard for terrain, weather, visibility, including time of day, pedestrian, and vehicular traffic on or crossing the trail, and condition of the device.

B. Operation on the trail in such a reckless manner as to result in loss of control of the device.

C. Operation in such a manner as to result in a collision or accident involving any vehicle, property or pedestrian.

D. Operation when the operator is under the influence of any alcoholic beverage or drug as those terms are defined in CA Vehicle Code Section 23152.

E. Operation in such a manner as to endanger wildlife, domestic animals, life, limb, or property of any person.

F. Carrying passengers on any alternative transportation device not designed or equipped for such transport is prohibited, except in cases where the device is specifically designed and/or modified and labeled for passenger use.

G. A person operating an alternative transportation device may not wear a headset covering, earplugs in, or earphones covering, resting on, or inserted in, both ears.

H. A person shall not drive an alternative transportation device on any trail while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking and is used in that manner while driving or riding.

10.24.060 Violation
A violation of this chapter shall constitute an infraction and shall be punishable by a fine as provided in Section 1.12.020 of this Code.

1 TOWN COUNCIL STAFF REPORT
Title: Approval of Council Strategic Priorities and Key Objectives for 2024.

Meeting Date: December 20, 2023
Prepared by: Daniel C. Holler, Town Manager
RECOMMENDATION:

Adopt the proposed 2024 Town Council Strategic Priorities and Key Objective for 2024.

BACKGROUND:

The Council has adopted a Statement of Strategic Priorities and Key Objectives to guide staff work programs and investment of available resources. The current set of priorities was adopted July 20, 2022 (See Attached). The following update is presented for consideration to narrow the Council’s focus for consensus direction to guide Council and Town leadership through 2024. The proposed Statement incorporates comments provided at the Council meeting on December 6, 2023. The goal is to craft a one-page Statement defining the Council’s Strategic Priorities and Key Objectives for 2024. The proposed Statement for 2024 is attached for consideration. This statement will provide Council direction for the coming year with the transition in key staff leadership positions. Clarity on priorities informs the allocation of resources in the budget adoption, updates, and use of staff time.

The primary purpose in defining a limited set of Strategic Priorities and Key Objectives is to set a realistic work program and core expectations. If there are too many ‘priorities’ or they are overly broad, measuring success becomes difficult and the lack of direction makes implementation difficult. The current process has served the Town well over the past several years to achieve defined objectives and priorities. Setting a limited number of near term (12 months) strategic priorities is difficult. The tendency is to broaden the statements to incorporate a lager scope of work, capture similar words or ideas, rather than working to build a consensus on narrower and more achievable priorities. The current set of priorities is broader than previous Statements but is based on comments provided by Council. The setting of clear key objectives allows the staff and the council to allocate resources, define tactics and programs and to take actions that can be measured, in achieving the set Key Objectives.

While the process does not need to go to the task level or specific action, I have included several task level items under each Strategic Priority to provide additional understanding of how the current and planned work programs support the Key Objectives. Staff will continue to develop specific action items, additional work programs and tasks to achieve the objectives and move the Town forward in achieving the set priorities. Over the past few

2 years, the 2007 General Plan Vision Statement has served as the large vision statement.

This has generally worked due to the broad nature of the statement.

Setting Strategic Priorities
This narrow set of priorities and objectives represent a small part of the Town’s overall work program and allocation of resources. The day-to-day core operations of the Town consume 85% to 90% of staff time and financial resources. This work does overlap with Council priorities, which often emphasizes or expands on core services. For example, the completion of the new Community Recreation Center is a priority reflective of the Town’s commitment to providing quality recreational programming and services as a core function of the Town. It also reflects stated values of enhanced amenities, and creation of “mobility hubs” (e.g., parking with EV charging, transit, street, sidewalk and MUP connectivity). As seen over the past several years, this process allows for strategic investments in projects, services and programs based on Council and community expressed needs and priorities. It also allows the Town to take advantage of opportunities as they come forward.

As noted, most of the Town’s work efforts focuses on cores services such as meeting statutory requirements, processing development applications/permits/licenses/, accounting and financial management, police services, snow removal, road maintenance, vehicle maintenance, parks and facilities maintenance and programs, personnel, clerking meetings, risk management, capital improvements, and serval other ongoing services and programs.

The Town has also taken on additional long-term operations and programs as part of the Town’s core functions, this includes the Office of Outdoor Recreation, Arts and Culture facilities and programs, expanded recreational facilities, the Housing Now! Initiative, expanded capital programs, enhanced amenities on the national forest, engagement on regional projects, economic development, air service, and emergency management.

STRATEGIC PRIORITIES AND KEY OBJECTIVES DISCUSSION
The following proposed set of priorities and objectives is based on current work programs, Council comments over the past several months, and actions taken. The Strategic Priorities reflect four areas including:

1. The quality of life of our Town linked to community focused investment.

2. The health and vibrancy of the local economy.

3. The resiliency and sustainability of our natural environment.

4. The ongoing need for solid financial management and delivery of Town services.

The following Strategic Priority statements were made to reflect these the four areas which have dominated much of the Council and community conversation over the past couple of years. The set of Key Objectives also reflects current work programs and areas of investment that has been discussed or directed by Council. Several projects and programs are in place and the focus provided in the proposed statements gives staff direction for implementation of specific tasks and actions. Included below each Strategic Priority is a brief list of current work programs (Tasks) that have been initiated to show the connectivity

3 between the Priority and efforts being taken. A summary of several accomplishments from 2023 is also included below.

Strategic Priority: Investment in Community Focused Projects  Continued implementation of the Town’s Housing Now! Initiative programs to deliver a mix of community housing opportunities (e.g., ‘missing middle’ and Parcel Phase 2).
 Complete community facilities to enhance programs and services including community recreation center, performing arts venues, childcare, and parks.  Implement connections and development of “mobility hubs” – including EV stations, Restrooms, & MUPs, transit, & trail connectivity with added amenities (Walk, Bike, Ride Concepts).
 Finalize design for new broadband infrastructure deployment.

Tasks:
 Finalize opening of Phase 1 (The Sawyer) 81 new affordable housing units.  Issue permits to start Phase 2.2 (The Kingfisher) 76 units  Support state funding requests for Phase 2.1 (The Kingfisher) 72 units  Develop options for Parche Phase 3 – ‘Missing Middle’ Program  Complete 4 unit project at 60 Joaquin
 Continue “Bridge Program” housing for ‘Missing Middle’  Complete indoor work at CRC and new programs implementation  Complete restoration and opening of Mammoth Creek Park & Playground  Work with partners on safe parking place for people living out of vehicles  Implement recommendations of STR Advisory Committee
 Complete childcare facility & play area and community park at the Parcel  Complete new childcare facility at MLF Site
 Finalize Dog Park, Parking, and Restroom at MLF Site
 Finalize agreements for new theater construction and amphitheater  New restrooms at Park and Ride Lot, Park at the Parcel, and Shady Rest  Install EV charging stations at Hillside parking lot and Park and Ride  Expand bus shelters along primary transit routes
 Coordinate with ESTA on new bus purchases
 Complete Fuel Island Rehabilitation project at Public Works Yard  Finalize Laural Mountain Road Project ($4M+/- project) Strategic Priority: Enhance Sustainability & Diversity of Local Businesses & Tourism Economy
 Partner on amenities on federal lands to enhance visitor & resident experiences with improved recreational access points with parking, signage, trash service & restrooms.
 Invest in beautification of primary business frontages and supporting services (i.e., animation, parking, snow management & associated Downtown Revitalization Concepts).

4  Engage in the Mammoth Main Base Redevelopment Project to ensure community benefits and long-term added economic value to the Town and region.  Leverage state and other resources to support regional arts & culture, events, and sports related facilities to leverage regional competitions and athlete training.

Tasks:
 Construction of Shirwin Creek Tailhead improvements
 Finalize new Black Bear Run Trail
 Engage in EIR/EIS comment process for Main Lodge Project  Engage in alternatives discussion on relinquishment of SR 203  Review options for updated Snowcreek Development Agreement  Secure contractor for OMR and Main Street Beautification Project  Engage with CERF program for investment in new amenities to support tourism  Utilize new CEDs to support grant applications for projects  Partner with MLT on Tourism Mitigation Capital Project Program  Continue to engage with regional partners on projects (County, ESCOG, etc.) Strategic Priority: Environmental Resiliency by Proactive planning and Project Implementation
 Support marketing and on-the ground engagement to develop a culture of stewardship, responsible recreation, preparedness for natural disasters and to address climate change.
 Provide support for long-term forest recreational, health and safety projects such as ESCCRP, USFS planning processes, and amenity investment, working with local and regional partners.
 Engage with recreational planning & development projects that focus on adaptation, resiliency, & mitigation strategies to preserve long-term vitality & diversity of uses.
 Pursue funding sources to support forest wildfire mitigation projects and housing such as federal and state grants, EIFD/Climate Resiliency Districts and Town resources.

Tasks:
 Support MLFPD defensible space programs
 Add additional collection day for community green waste  Partner with MLT on stewardships messaging
 Engage with visitor and local audience through ‘Host Program’ on stewardship  Review option for ‘fire wise community’ designation(s)  Partner in pursing grant funding and other sources for ESCCRP implementation  Continue to engage in Subpart C Planning process
 Ongoing work with USFS on trail maintenance, signage, and visitor amenities  Work on re-route to enhance sustainability of Mountain View Trail  Complete planning for Sherwins Trails Project
 Continue to support trash and restroom services for visitors/locals with USFS

5  Continue effort to partner with private sector and Mono County on EIFD funding  Finalize winter 2023 After Action Report
 Update Town Emergency Operations Plan and exercise updated plan  Update Town/County Multi Hazard Mitigation Plan
Strategic Priority: Implementation of Enhanced and Required Municipal Services  Maintain long-term financial stability to support strategic community investments and resiliency and long-term maintenance and sustainability of capital investments and services.
 Enhance Town’s public outreach/engagement/information strategies, tools, social media, surveys, customer facing technology services and direct public interaction.  Completion of “Civic Center” vision with construction of new Town Offices.  Implementation of programs/policies to meet state mandates in solid waste management, electrification, housing development, and climate adaptation.

Tasks:
 Develop long-term (5-10yr) Financial Projection Model  Continue implementation of state mandates related to solid waste  Implement plastic water bottle ban and Styrofoam use limitations  Complete update of Town Municipal Code
 Develop implement annual/bi-annual community survey tool  Implement recommendations from STR Advisory Committee  Engage with State on housing programs/impacts for ‘rural mountain’ environments  Continue to expand EV opportunities working with private sector  Finalize funding structure for New Town Hall
 AmeriGas Franchise Agreement renewal negotiations
 Complete 2023 winter damage repairs
Tasks lists are designed to provide information on current and planned work programs and are not exhaustive. Additional specific tasks and programs will be developed throughout the year to meet Council priorities and see key objectives implemented. As with each year other opportunities, needs, and mandates will come forward for Council action and implementation.

Short-Term Vision
The process includes the development of a guiding short-term vision statement. This statement builds off the larger vision statement contained in the 2007 General Plan, as provided on the final Statement document. This short term vision statement is used to define the overall focus of the Strategic Priorities and Key Objectives for the coming year.

The following statement is presented for consideration:

SHORT TERM VISION: “Investing in Our Community Quality of Life, through Economic, Environmental, and Financial Sustainability”

6 This vision statement is tailored to reflect the proposed updated priorities and the objectives. It is intended to reflect the near-term efforts of the Town Council. Incremental success with the near-term priorities ultimately moves the Town closer to fulling the broader vision as stated in the General Plan.

This vision captures current and future efforts being made to improve the overall quality of life for residents in terms of housing, economy, amenities, and preservation of our natural landscape. The sustainability and resiliency of our economy is also held in balance with the prosperity of the community. This is tied directly to the ability of our workforce to live and work in the community in support of local businesses. The idea of vibrancy is reflected in the activities, programs, services, livability, and engagement of the community.

This is reflected in well planned and strategic capital investment designed to meet expressed needs of families/individuals and visitors and to maintain facilities. Enhanced services and programs are the result of capital investment, such as the CRC.

The priorities recognize the threat of catastrophic wildfire, the need for a healthy forest ecosystem, reliance on federal agencies, the ongoing need to cultivate a culture of respect and value for our “place” and to engage in sustainable practices. We need to be mindful of imposed State mandates, the ability to respond to the ongoing challenges created by regional and national economic trends, climate change related future uncertainties, and natural disasters. Much of the work program recognizes our work with partners and that we are part of a larger region. However, the proposed Strategic Priories and Key Objectives remind us that ultimately, we rely largely on our own resources – financial and people – to deliver the services, programs, projects and implement actions that make the Town of Mammoth Lakes a desirable place to live, visit and enjoy.

Overview of prior Year Accomplishments
The following list of accomplishments and ongoing work programs from 2023 is provided as a reminder of work accomplished. A substantial amount of the work noted was implemented based on the previous Council Statement of Strategic Priorities and Key Objectives (attached). The list is not exhaustive but does demonstrate both the level of ongoing work, financial investments (some amounts are rounded, and housing purchases are net of closing costs), and how projects and programs linked to Council Priorities.

Several of the items are ongoing or are anticipated to be completed in 2024.

Winter 2023 Response
 Declared local Emergency – Involved numerous town staff and extra hours of work  Worked with Mono/Inyo Incident Management Team
 Coordinated efforts with regional and State resources in response efforts  Developed program to address damaged buildings
 Infrastructure Damage Repairs of $480,000 completed
 Completion of emergency fence repair work at MMH – at a cost of $213,750  Emergency Road Repair work of $598,360
 Allocated $200,000 to Mammoth Community Foundation to assist with snow removal  Allocated $50,000 to ESCH (MLH) to assist displaced families  Allocated $$220,810 in small business grants to offset winter storm impacts

7  Continued work with FEMA and State on potential reimbursements  Additional projects will need to be completed in 2024 to address damages Housing
 Increased Revolving Loan Fund to secure deed restricted units from $600K to $1M  Housing related community workshop held.
 Small lot housing development (4 units) at 60 Juaquin under construction  Paving of primary roadways and sidewalks in Parcel completed  Phae 1 of Parcel (The Sawyer) 81 units proceeding for 2024 opening  Innsbruck Lodge rehabilitation project (16 units) is under construction in partnership with ESCH (Town funds $1.4M)
 Additional funding of $700,000 allocated to ESCH for Access Apts. 13 unit project (Town funds $2.2M)
 Allocated additional funding for Phase 2 of the parcel (Kingfisher) total of $9M  Phase 2.2 – 76 units funding State and Federal funding awarded and Town Support $46M (includes $8.1M of Town funds remainder of funds for next phase)  Purchased 377 Manzanita property for small lot development housing site ($350,000)  Purchase of Unit 53 Sierra Manors complex $480,000 (Bridge Program)  Purchase of 100 Sierra Park Rd Unit 3A, $365,000 2bdr Condo for Town Employee Housing (Creative Housing)
 Authorization provided to purchase two units under Bridge Program ($1,135,000)  Authorization to purchase small lot for future development ($350,000) Capital and Infrastructure Investments
 Grand opening of the Community Recreation Center!
Secured “Toyota” sponsorship for CRC – LA Kings Ice at Mammoth Lakes Secured to local major sponsors for CRC – Mammoth Disposal and Snowcreek Numerous local business sponsors for CRC – Dasherboard program  LA Kings Sponsorship also secured
 Laurel Mountain Rd Rehab & Sidewalk Project ($4M) to be final in 2024  Rehabilitation of Whitmore Ballfield #2 - $373,667.
 Park at the Parcel Agreement with Play Core awarded $547,936. (Park & Childcare)  Fuel Island repair/rehabilitation project at Public Works Yard initiated budget of $  Agreements authorized to expand EV Charging Stations - Electrify America for space at the Hillside Parking Lot & EV Range for space at the Park n’ Ride lot on Tavern Rd.  HSIP Main Street Pedestrian Crossing improvements completed ($180,344)  Signal Traffic lights repair ($475,000 budget)
 Finalized Local Road and MUP Rehabilitation Project ($2.84M).  Extended Lease of Old Ice Rink area with MUSD to convert site to Pickleball Complex.

Completed Pickleball Complex ($100K+/-)
 Provided sport court overlay material on tennis courts (75K+/-)  Architectural work initiated for childcare facility to relocate buildings etc. ($2M)  Continued implementation of Vehicle replacement program (Loaders, Parks and Airport equipment, and various pool/work vehicles).

Programs, Services, and Regional Partner Work

8  Finalized pre-scoping comments on Sub Part C – OSV and Submitted formal comments
 Approved new updated agreements with MLT and MLR
 Regional Community Economic Development Strategy (CEDS) approved  Reds Meadow Road Project initiated
 Approved 5 year TBID Renewal
 Agreement with Mono County for 50% of Solid Waste Parcel Fees collected in the Town to be used by the Town for solid waste related services  Partnership with MLR on Grants for Sherwins Trail Environmental and Planning Work, and trailhead construction ($1.4M)
 Air Service agreements in place for Mammoth Yosemite Airport with Advanced Air and at Bishop Airport with United.
 Secured LATA Grant working with Golden State Connect to complete initial design for potential Broadband fiber network deployment
 CRIS public safety radio system agreements in place, radios purchased, and sites planned for development by state with deployment in 2025  Assisted with dead tree removal in Lakes Basin, and trail maintenance  Provided analysis on past 5 year history of TOT investment of unallocated revenues report
 Set up paperless FPPC filing system for Form 700 reports and campaign disclosure statements
 New agreement with AXON for Tasers and Body Camaras and Data Storage  Contracted for State Legislative Advocacy Services and updated Legislative Platform
 Added New Investment Program – CAMP – Producing higher interest earnings  Authorized contract with California Consulting to assist with Grant writing.  Employee negotiations completed
 Implementation of State requirements related to Foodware and Food Packing.  Ordinance to limit Styrofoam food containers
 Plastic single use water bottle ban Ordinance prepared  Prohousing Designation Program application submitted
 Implemented new K9 program in PD.
 Appointed STR Advisory Committee/following STR moratorium on new STRs in defined zones.
 Initiated update of Town Website design – completion in 2024  Initiated update of the Town’s Municipal Code – completion in 2024 As noted, this is not an exhaustive list of work completed and does not include a lot of the ongoing regular work programs. It is reflective of tasks and projects that support the stated Council priorities and this past year the response to the 2023 Winter extreme weather.

9 SHORT TERM VISION: “INVESTING IN OUR COMMUNITY QUALITY OF LIFE THROUGH ECONOMIC, ENVIRONMENTAL, AND FINANCIAL SUSTAINABILITY” General Plan Vision Statement – 2007
COMMUNITY VISION Surrounded by uniquely
spectacular scenery and diverse four-season
recreational opportunities, the community of
Mammoth Lakes is committed to providing the very
highest quality of life for our residents and the highest quality of experience for our visitors.

To achieve this vision, Mammoth Lakes places a high
value on:

1. Sustainability and continuity of our unique
relationship with the natural environment. As
stewards, we support visitation and tourism as
appropriate means to educate and share our abundant
resources. We are committed to the efficient use of
energy and continuing development of renewable
resources.

2. Being a great place to live and work. Our strong,
diverse yet cohesive, small-town community supports
families and individuals by providing a stable
economy, high quality educational facilities and
programs, a broad range of community services and a
participatory Town government.

3. Adequate and appropriate housing that residents
and workers can afford.

4. Being a premier, year-round resort community
based on diverse outdoor recreation, multiday events
and an ambiance that attracts visitors.

5. Protecting the surrounding natural environment
and supporting our small-town atmosphere by limiting
the urbanized area.

6. Exceptional standards for design and development
that complement and are appropriate to the Eastern
Sierra Nevada Mountain setting and our sense of a
“village in the trees” with small town charm.

7. Offering a variety of transportation options that
emphasize connectivity, convenience, and alternatives
to use of personal vehicles with a strong pedestrian
emphasis.

Town Council Strategic Priorities and Key Objectives Statement (Adopted December 20, 2023)
Strategic Priority: Investment in Community Focused Projects  Continue implementation of the Town’s Housing Now! Initiative programs to deliver a mix of community housing opportunities (e.g., ‘missing middle’ and Parcel Phase 2).  Complete community facilities to enhance programs and services including, community recreation center, performing arts venues, childcare, and parks.
 Implement connections and development of “mobility hubs” – including EV stations, Restrooms, & MUPs, transit, & trail connectivity with added amenities (Walk, Bike, Ride Concepts).  Finalize design for new broadband infrastructure deployment.

Strategic Priority: Enhance Sustainability & Diversity of Local Businesses & Tourism Economy  Partner on amenities on federal lands to enhance visitor & resident experiences with improved recreational access points with parking, signage, trash service & restrooms.  Invest in beautification of primary business frontages and supporting services (i.e., animation, parking, snow management & associated Downtown Revitalization Concepts).  Engage in the Mammoth Main Base Redevelopment Project to ensure community benefits and longterm added economic value to the Town and region.  Leverage state and other resources to support regional arts & culture, events, and sports related facilities to leverage regional competitions and athlete training.

Strategic Priority: Environmental Resiliency by Proactive planning and Project Implementation  Support marketing and on-the ground engagement to develop a culture of stewardship, responsible recreation, preparedness for natural disasters and to address climate change.  Provide support for long-term forest recreational, health and safety projects such as ESCCRP, USFS planning processes, and amenity investment, working with local and regional partners.  Engage with recreational planning & development projects that focus on adaptation, resiliency, & mitigation strategies to preserve long-term vitality & diversity of uses.  Pursue funding sources to support forest wildfire mitigation projects and housing such as federal and state grants, EIFD/Climate Resiliency Districts and Town resources.

Strategic Priority: Implementation of Enhanced and Required Municipal Services  Maintain long-term financial stability to support strategic community investments and resiliency and long-term maintenance and sustainability of capital investments and services.  Enhance Town’s public outreach/engagement/information strategies, tools, social media, surveys, customer facing technology services and direct public interaction.  Completion of “Civic Center” vision with construction of new Town Offices.  Implementation of programs/policies to meet state mandates in solid waste management, electrification, housing development, and climate adaptation.

10 SHO RT TE RM VISI ON: INVESTING IN THE SUSTAINABILITY AND RESILIENCY OF THE GREATER MAMMOTH LAKES COMMUNITY General Plan Vision Statement – 2007
COMMUNITY VISION Surrounded by uniquely
spectacular scenery and diverse four-season
recreational opportunities, the community of
Mammoth Lakes is committed to providing the very
highest quality of life for our residents and the highest quality of experience for our visitors.

To achieve this vision, Mammoth Lakes places a high
value on:

1. Sustainability and continuity of our unique
relationship with the natural environment. As
stewards, we support visitation and tourism as
appropriate means to educate and share our abundant
resources. We are committed to the efficient use of
energy and continuing development of renewable
resources.

2. Being a great place to live and work. Our strong,
diverse yet cohesive, small-town community supports
families and individuals by providing a stable
economy, high quality educational facilities and
programs, a broad range of community services and a
participatory Town government.

3. Adequate and appropriate housing that residents
and workers can afford.

4. Being a premier, year-round resort community
based on diverse outdoor recreation, multiday events
and an ambiance that attracts visitors.

5. Protecting the surrounding natural environment
and supporting our small-town atmosphere by limiting
the urbanized area.

6. Exceptional standards for design and development
that complement and are appropriate to the Eastern
Sierra Nevada Mountain setting and our sense of a
“village in the trees” with small town charm.

7. Offering a variety of transportation options that
emphasize connectivity, convenience, and
alternatives to use of personal vehicles with a
strong pedestrian emphasis.

Town Council Strategic Priorities and Key Objectives Statement (Updated July 20, 2022)
Strategic Priority: Expand availability and affordability of Community Housing  Complete construction on Phase 1 (81 units), complete core infrastructure and approve development plans for Phase 2 and funding participation (148 Units) of The Parcel  Implement Housing Now! Initiatives to deliver diverse housing solutions working with private sector and other agencies locally and regionally.
 Pursue implementation of sustainable funding source(s) for community housing including EIFD.  Collect and analyze data on short-term rental for compliance with Town codes and impact on local housing market and review Town code for updates.

Strategic Priority: Enhance a sustainable recreation economy with partnerships & investment.  Office of Outdoor Recreation to coordinate with federal land managers on recreational investments, experiences, and planning related to federal lands.
 Enhance public recreational and community experience through focused destination management strategies for parking/transit, trailheads, and user services.  Implement land use planning agreement with MLF; complete Community Recreation Center (CRS) project; and define preferred options for permanent outdoor event venues.  Engage with partners on amenity improvements on federal lands and implementation of actions to reduce fire risk and improve forest health.

Strategic Priority: Investment in infrastructure improvements, and maintenance  Invest in community infrastructure planning, maintenance, and improvements (Roads, MUPs, Parks, Town Office, and Equipment).).
 Participate in regional Airport plan with partners and set strategic vision for Mammoth Yosemite Airport.  Ongoing update of prioritized 5-year Capital Improvement Plan (CIP) and defined funding for annual implementation, including DIF update.
 Define and initiate mobility program including micro-mobility solutions, enhanced EV capacity, and transit improvements.

Strategic Priority: Implementation of enhanced and required municipal services.  Implement plans for Childcare facilities, purse funding for community fiber network planning, and implement operating lease with MLF for Edison Theatre.
 Finalize plans and agreements to implement CRIS based radio communications system.  Enhance Town’s public outreach/engagement/information strategies, tools, and tactics and enhance customer facing technology services.
 Maintain long-term financial stability to support strategic investment in infrastructure and services creating flexibility to respond to opportunities.

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) – Rice, Sauser, and Paul Chang; Town Manager as alternate
Eastern Sierra Transit Authority (ESTA) Board – Bubser and Sauser Local Issues:

Mammoth Lakes Tourism (MLT) Board – Wentworth
Mammoth Lakes Recreation (MLR) Board – Rea
Eastern Sierra Community Housing 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.